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HomeMy WebLinkAbout09/18/2018�LOR1�i BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 18, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex . 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 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 2.13. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Cory Sanford Richter on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services With Twenty -Five Years of Service Attachments: Proclamation 5.13. Presentation of Proclamation Designating September 17-21, 2018 as Industry Appreciation Week in Indian River County, Florida Attachments: Proclamation 6. APPROVAL OF MINUTES September 18, 2018 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2017 is on file in the Office of the Clerk to the Board. 7.13. Proclamation Honoring James H. Hargreaves on His Retirement From Indian River County Board of County Commissioners Department of Utilities Services Wastewater Treatment Division with Twenty -Five Years of Service Attachments: Proclamation 7.C. Resolution Adopted by the Board of County Commissioners Addressing Biosolids and Biosolids Applications Attachments: Staff Report Resolution No. 2018-084 8. CONSENT AGENDA S.A. Checks and Electronic Payments August 31, 2018 to September 6, 2018 Attachments: Finance Department Staff Report 8.13. County Capital Asset Inventories Attachments: Finance Department Staff Report 8.C. Second Amended and Restated Interlocal Agreement Medical Examiner District 19 Attachments: Staff Report Second Amended and Restated ILA 8.1). Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.E. Release of Retainage and Change Order No. 1 for CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy. Street to US 1),IRC-1139 Attachments: Staff Report Timothy Rose Contracting, Inc. Application for Payment No. 8 Change Order No. 1 8.F. Jones' Pier Conservation Area Public Use Improvements - Amendment Number 1 to MBV Work Order #5 for Jones' Pier Conservation Area (FTC No.:05-039-FF) -New Pavilion & Restroom Building Architectural Services Attachments: Staff Report Addendum #1 to Work Order #5 Jones Pier Rev 1 September 18, 2018 Page 2 of 7 8.G. One -Year Extension of Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements (Bid 2017057) Attachments: Staff Report First Extension Danella, Inc. First Extension DraftPros, Inc. First Extension Gerelcom, Inc. First Extension Universal Cabling Systems, Inc. 8.H. 27th Avenue at 21st Street SW Intersection/Signalization Improvements -Release of Retainage and Change Order No. 1, IRC -1643 Attachments: Staff Report Contractor's Application for Payment No. 6 Change Order No. 1 8.I. Annual Renewals for Continuing Professional Surveying and Mapping Services Firms, RFQ# 2016029, IRC -1605 Attachments: Staff Report Carter Associates, Inc. Renewal Agreement and Fee Schedule Kimley-Horn & Assoc., Inc. Renewal Agreement and Fee Schedule Morgan Eklund, Inc. Renewal Agreement and Fee Schedule Southeastern Surveying & Mapping Corp. Renewal Agreement and Fee Schedule CivilSury Design Group, Inc. Renewal Agreement and Fee Schedule 8.1 Notice of Grant Application for FDEP FY 2018-19 Hurricane Irma Supplemental Funding Requests Attachments: Staff Report Supplemental funding application 8.K Termination of Bid 2018060 Annual Bid for Utilities Concrete Restoration and Rebid Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.1. 19th Judicial Circuit Cynthia L. Cox, Circuit Judge: Award of the 2018/2019 Alcohol and Other Drug Abuse Treatment Fund and Designation of Indian River County's Problem Solving Courts as a Chosen Program Recipient Attachments: Memorandum dated August 14, 2018 10. PUBLIC ITEMS A. PUBLIC HEARINGS September 18, 2018 Page 3 of 7 10.A.1. Consideration of Land Development Regulation (LDR) Amendments to Chapters 911, 912, 913, 914, 915, and 972 Regarding the Affidavit of Exemption (AOE) and Final Plat Review and Approval Process, Master Lot Drainage Plans for New Subdivision Projects, Affordable Housing Conceptual Plans, Early Model Homes on Subdivision Construction Sites, and Medical District Side Yard (Setback) Requirements (Legislative) Attachments: Staff Report Excerpt from Draft August 23, 2018 PZC Minutes Resolution Establishing the Committee Ordinance #1 - Affidavit of Exemption (AOE) Review and Approval Process Ordinance #2 - Final Plat Review and Approval Process Ordinance #3 - Master Lot Drainage Plans for New Subdivision Projects Ordinance #4 - Affordable Housing Conceptual Plans Ordinance #5 - Early Model Homes on Subdivision Construction'Sites Ordinance #6 - Medical District Side Yard (Setback) Requirements 10.A.2. Consideration of a Land Development Regulation (LDR) Amendment to Chapters 911 and 971 Regarding the Review and Approval Process for Places of Worship (Legislative) Attachments: Staff Report Excerpt from March 1, 2016 BCC Minutes Excerpt from Draft August 23, 2018 PZC Minutes LDR Section 971.05 Proposed Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Betsy Begens Regarding Request for Anti -chaining Ordinance for Dogs and Cats Attachments: Request to Speak Form pictures 10.B.2. Request to Speak from Evan Esposito, E.E. Solar, Regarding a Request that the County Propose and Support Legislation on Solar and Green Energy for construction and buses. Attachments: Request to Speak Form 10.B.3. Request to Speak from Fred Mensing Regarding All Aboard Florida / Brightline / Florida East Coast Railway Railroad Crossings - Tunnels and Bridges Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS September 18, 2018 Page 4 of 7 10.C.1. Public Notice of Public Hearing Scheduled for October 2, 2018, to Consider Adoption of a Notice of Intent to Affirm the Existence of a Recreational Customary Use of the Beach on Private Property (Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Agreement for Sale and Purchase of Dodgertown Golf Course Property Attachments: Staff Report Agreement for Sale and Purchase Sketch & Legal re Aviation Blvd/43rd Ave ROW Roadway Project 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. Notice of Hazard Mitigation Grant Program Award (Hurricane Matthew) for Oslo Riverfront Conservation Area Attachments: Staff Report 4283-40-R, Contract (8-20-18) HMGP Grant Form for 09-18-2018 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Arabella Reserve Developers Agreement Attachments: Staff Report Developers Agreement w -Attachments G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 2019 Preliminary State Legislative List of Concerns Attachments: Staff Report 2019 Preliminary State Legislative List of Concerns September 18, 2018 Page 5 of 7 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Bob Solari, Vice Chairman 14.B.1. Anti -chaining Ordinance for Dogs and Cats Attachments: Commissioner's Memorandum Comments from Fellsmere Police Chief Touchberry Anti -chaining Ordinance Seminole County C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emer2encv Services District B. Solid Waste Disposal District 15.B.1. Second Amendment to Recyclables Transfer, Processing and Marketing Agreement Attachments: Staff Report Letter from Tropical Recycling Second Amendment to Tropical Recycling Agreement 15.13.2. Eleventh Amendment to Republic Services Attachments: Staff Report Eleventh Amendment to Republic Services Contract Agreement C. Environmental Control Board 16. ADJOURNMENT September 18, 2018 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at.the Indian River County Website at www.ircizov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. September 18, 2018 Page 7 of 7 PROCLAMATTION HONORING COR YSANFORD RICHTER ON HIS RETIREMENT FR OM INDIAN RIVER CO UNTY DEPAR TMENT OF EMERGENCYSER VICES Whereas, Cory Richter began his distinguished career in public service with Indian River County as a Paramedic on January 11,.1993; and, Whereas, he rose steadily through the Emergency Medical Service (EMS) ranks by making Lieutenant in 1994, Captain in 1997, preparing for the future and obtaining his AS Degree in Fire Science in 1999, becoming Ilse EMS Deputy Chief of Quality Assurance in 2001 which, upon consolidation with Fire Rescue in 2006, ensured his easy transition to dual certification resulting in his final promotion to Assistant Chief of the Indian River County Emergency Services Department; and, Whereas, Chief Richter is known in Fire Rescue for being a master mediator and collaborator; he holds numerous prestigious Local and State awards for selflessly investing a tremendous amount of professional and personal time to support his colleagues and bring organizations together; and, Whereas, he is well known on a National level for his work on the Florida EMS Strategic Vision Plan making strides with consistency in communication, standardized gathering of information and simplifying the process through collaboration while achieving zero redundancy, and, Whereas, Cory Richter, Assistant Chief of the Emergency Services Department is retiring on September 28, 2018 after Twenty -Five years of honorable, distinctive and sey7ess service. Throughout his career, his devotion to his profession, his employer, the citizens of Indian River County and his co-workers alike, was always evident, and Now, Therefore, be it proclaimed by the Indian River County Board of County Commissioners, that the Board appreciates Cory Richter's efforts on behalf of the County and wishes to express our deepest gratitude for the twenty-five years of dedicated service he has'given to our citizens and thirty-six years of service to the EMS profession, itself. Be it Further Proclaimed that the Board of County Commissioners, staff and co-workers extend their sincerest wishes for success in all his future endeavors Adopted this 18th Day of September 2018 BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA 4 ' _� Peter D. O'Bryan, Llraijnan S. Bex PROCLAMATION DESIGNATING SEPTEMBER 17-21, 2018, AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, business and industry in Indian River County is increasingly vital to the health of our entire county; and WHEREAS, while our local economy continues to strengthen, the sustainability of Indian River County's existing industries is key to a prosperous future; and WHEREAS, the future expansion of those industries will account for the majority of new high - wage and high -skill jobs created in our county; and WHEREAS, our existing industries help sustain and improve our quality of life by diversifying and strengthening our tax base in Indian River County; and WHEREAS, the Indian River County Chamber of Commerce serves as the county's primary economic development organization providing support for the retention and expansion of local industry; and WHEREAS, public awareness of the contributions made by industry is essential to the maintenance of good community -industry relationships; and WHEREAS, Indian River County government recognizes the achievements of our local businesses and industries, and the positive impacts made; and WHEREAS, all residents are encouraged to take time to salute Indian River County industries, and their employees, for the contributions they make in our community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of September 17-21, 2018, be designated as INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY. . Adopted this 18th day of September, 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 2 0 Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION' STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 436379 - IRC CLERK OF THE CIRCUIT COURT 2064330 NOTICE OF UNCLAIMED MONEYS Unclaimed Pub Dates July 13, 2018 Sworn to and subscribed before me this day of, July 13, 2018, by Natalie Z.111'r who is (X) personally known to me or ( ) who has produced Karol Kangas Notary Public as identification. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ?n 2 {`i KAROLEKANGAS P. , T Notary Public -State of Florida ComtnlialonIGG12 6441 .. m,�^. My Comm, Explies lul29, 2021 BandedlMaNaUanalNaippAsat as identification. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ?n 2 L2 NOTICE OF UNCLAIMED MONEYS Unclaimed money for Cash Bonds, Garnishment Surplus, Non Resident Cost Bonds, Small Claims Garnishments, Small Claims Non Resident Cost Bonds deposited with the Clerk of the Circuit Court, pprior to January 1, 2017, for the following depositors will be forfeited to the Indian River County Clerk of Court unless claimed by the depositor of the cash bond by September 1,2018: For a listing of depositors and for information to claim the balance, please visit our web- site at www.clerk.indian-river. org Click on the "Unclaimed Mon- ies" on the left side of the screen. Pub: July 13, 2018 TCN 2064330 PO - 2zeq STATE OF FLORIDA INDIAN RIVERCOUNTi THIS ISTD CERTIFY TW NISISAIMAllaCORQEQ' COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. THS ORIGINAL MAY HAVE REDACTEON11FI M 1101ASSTATS IN UORIDA SUM INAL ���� OA11N •E t.E� 01g .P'ROCLAMA.FIVE . HONORING JAMES H. HARGREAVES ONHIS RETIREMENT FROM INDIANRIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITYSERVICESIWASTEWATER TREATMENT DIVISION WHEREAS, James H. Hargreaves retires from Indian River County Wastewater Treatment Division effective September 25, 2018, and WHEREAS, James H. Hargreaves began his career with Indian River County on October 14, 1993, as a Wastewater Plant Operator B, where he continued in that capacity until his retirement; and WHEREAS, James H. Hargreaves has served this County and the Public with distinction and sefflessness. During his twenty-five 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 James H. Hargreaves' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-five 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 181h day of September, 2018. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Peter D. 0' ryan, hairman 7B - PROCLAMATION Bw Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 7C. INFORMATIONAL ITEM: 9/18/18 Ofce of INDIAN RIVER COUNTY ATTORNEY TO: The Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: September 12, 2018 SUBJECT: Resolution Adopted by the Board of County Commissioners Addressing Biosolids and Biosolids Applications At its September 11, 2018 regular meeting, the County Commissioners, by unanimous vote, adopted the form of resolution similar to the resolution adopted by the Treasure Coast Regional Planning Council addressing biosolids and biosolids applications. The County Attorney's Office has subsequently prepared that resolution (Resolution No. 2018-084), and a copy is presented for informational purposes. /nhm Attachment 4 A TRUE COPY RESOLUTION 2018-084 CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING COLLABORATION WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL, FLORIDA REGIONAL COUNCILS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES, FLORIDA LEAGUE OF CITIES, FLORIDA SMALL COUNTY COALITION, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, AND OTHER PARTNERS TO INCREASE AWARENESS OF BIOSOLIDS MANAGEMENT ISSUES IN' FLORIDA, PRIORITIZING THE REDUCTION AND EVENTUAL ELIMINATION OF THE LAND APPLICATION OF HUMAN WASTEWATER BIOSOLIDS, AND ESTABLISHING A PILOT PROJECTS PROGRAM FOR FUNDING NEW STATE OF THE ART WASTEWATER TECHNOLOGIES TO IMPROVE RECOVERY AND AFFORD MORE EFFICIENT USE OF HUMAN WASTEWATER BIOSOLIDS WHEREAS, the Treasure Coast Regional Planning Council's (TCRPC) geographical area is comprised of Indian River, Martin, St. Lucie, and Palm Beach counties and the 52 Municipalities contained therein; and WHEREAS, the TCRPC is a multi-purpose regional governmental entity with policy responsibility in the areas of affordable housing, economic development, emergency preparedness, energy, regional health, natural resources and regional transportation, and WHEREAS, the TCRPC adopted Resolution 18-03, which encourages 1) the State of Florida and its local governments to prioritize the reduction and eventual elimination of the land application of human wastewater biosolids; and 2) the State of Florida to establish a Pilot Projects Program for funding local utilities to implement new state of the art wastewater treatment technologies to improve recovery and afford more efficient use of human wastewater biosolids resources; and WHEREAS, the Indian River County Board of County Commissioners supports the TCRPC with respect to the land application of human wastewater biosolids; and WHEREAS, the Indian River County Board of County Commissioners wishes to collaborate with the TCRPC, Florida Regional Councils Association, Florida Association of Counties, Florida League of Cities, Florida Small County Coalition, Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, and other partners to accomplish these objectives and rethink 21" Century human wastewater management practices for Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners encourages the State of Florida and other local governments to prioritize the reduction and eventual elimination of the land application of human wastewater biosolids; and 5 RESOLUTION 2018-084 2. The Indian River County Board of County Commissioners encourages the State of Florida to establish a Pilot Projects Program for funding local utilities to implement new state of the art wastewater treatment technologies to improve recovery and afford more efficient use of human wastewater biosolids resources. The foregoing resolution was moved for adoption by Commissioner Flescher, and seconded by Commissioner Solari, and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Bob Solari AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duly passed and adopted this 11"' day of September, 2018. C Oh�,y��, ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMIS$I0 and Comptroller OF INDIAN RIVER COUNTY, FWRI By: By. 2 •.Rcoo?. Deputy Clerk eter D. O'Bryan, Ch • an Approved as to form. and legal sufficiency: By: Dylan Reingold, County Attorney 2 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CErRTIFYTHAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS. OFFICE. BY DATE F:\AttomeyULinda\GENERAL\Resolutions & 0rdinances\Resolutions\TCRPC Resolution Biosolids.docx - L JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance. Department 1801 2111 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 6,2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 3.1, 2018 to September 6, 2018 In compliance with. Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of August 31, 2018 to September -6, 2018. 7 CHECKS WRITTEN TRANS NBR DATE VENDOR AINIOUNT 3.71722 09/0412018 ORANGE COUNTY HOUSING & C D 679.08 371723 09/0412018 VERO BEACH EDGEWOOD PLACE LP 566.00 371724 09/04/2018 GRACES LANDING LTD 9,1.49.00 371725 09/04/2018 LINDSEY GARDENS LTD 4,210.00 371726 09/04/2018 BRYAN D BLAIS 443.00 371.727 09/0412018 WILLIE C REAGAN 445.00 371728 09/04/2018 RIVER PARK ASSOCIATES LIMITED 14,687.00 371729 09/04/2018 CREATIVE CHOICE HOMES XVI LTD 12,505.00 371730 09/04/2018 DAVID YORK 501.00 371731 09/04/2018 ST FRANCIS MANOR OF VERO BEACH 256.00 371732 09/04/2018 CITY OF VERO BEACH 25.00 371733 09/04/2018 TREASURE COAST HOMELESS SERVICES 1,080.00 371734 09/04/2018 FLORIDA POWER AND LIGHT 14.00 371735 09/04/2018 VENETIAN APARTMENTS OF VERO BEACH 386.00 371736 09/04/2018 PINNACLE GROVE LTD 6,937.00 371737 09/04/2018 VERO CLUB PARTNERS 131) 13.844.00 371738 09/04/2018 DAVID SPARKS 378.00 371739 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 159.00 371740 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 116.00 371741 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 370.00 371742 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 407.00 371743 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 417.00 371.744 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 560.00 371745 09/04/2018 INDIAN RIVER COUNTY HOUSING AUTHORITY 1,565.00 371746 09/04/2018 CRAIG MERRILL 1,095.00 371747 09/04/2018 CHRISTINE SALTER 477.00 371748 09/04/2018 HAGGERTY FAMILY LTD 369.00 371749 09/04/2018 SUNQUEST INC 5,136.00 371750 09/04/2018 THE PALMS AT VERO BEACH 11,492.00 371751 09/04/2018 DAVID CONDON 657.00 371752 09/04/2018 HILARY MCIVOR 702.00 371753 09/04/2018 PAULA LANE 450.00 371754 09/04/2018 PELICAN ISLES LP 7,547.00 371755 09/04/201.8 SUNCOAST REALTY & RENTAL MGMT LLC 4_,151.00 371756 09/04/2018 OAK RIVER PROPERTIES INC 433.00 371757 09/04/2018 SONRISE VILLAS LTD 1,891.00 371758 09/04/2018 ADINA GOLDMAN 542.00 371759 09/0412018 INDIAN RIVER RDA LP 5,087.00 371760 09/04/2018 GEORGE THUYNS 638.00 371761 09/04/2018 LAZY 1 LLC 1,943.00 371762 09/04/2018 SYLVIAMCNEILL 727.00 371763 09/04/2018 SKOKIE HOLDINGS 'INC 468.00 371764 09/04/2018 ROGER WINSLOW 492.00 371765 09/04/2018 OSLO VALLEY PROPERTIES INC 185.00 371766 09/04/2018 SAID S MOOBARK 1,414.00 371767 09/04/2018 LINDSEY GARDENS I1 LTD 6,335.00 371763 09/04/2018 ANTHONY ARROYO 683.00 371769 09/04/2018 AHS HOLDINGS GROUP LLC 2,479.0.0 371770 09/04/2018 DANIEL CORY MARTIN 732.00 371771 09/04/2018 YVONNE KOUTSOFIOS 54.00 371772 09/04/2018 ALAN R TOKAR 506.00 371 773 09/04/2018 VERO BEACH VILLAS I LLC 457.00 371774 09/04/2018 BRIAN E GALLAGHER 540.00 371775 09/04/2018 HOUSING AUTHORITY 775.08 371776 09/04/2018 STEPHANIE WATCHEK FOUNTAIN TRUST 162.00 371777 09/04/2018 SCOT WILKE 501.00 371778 09/04/2018 THEODORE BARTOSIEWIC7 505.00 371779 09/04/2.018 FOUNDATION FOR AFFORDABLE RENTAL 19,001.00. TRANS NBR DATE VENDOR AIMOUNT 371780 09/04/2018 RICHARD KUSSEROW 469.00 371781 09/04/2018 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY Il\ 509.00 371782 09/04/2018 SONRISE VILLAS 11 LLC 320.00 371783 09/04/2018 JOHN T STANLEY 782.00 371784 09/04/2018 WEDGEWOOD RENTALS LLC 1,563.00 371785 09/04/2018 ALMA LUCKETT 825.00 371786 09/04/2018 MCLAUGHLIN PROPERTIES LLC 913.00 371787 09/04/2018 MCLAUGHLIN PROPERTIES LLC 497.00 371788 09/04/2018 JOYCE BODANZA 593.00 371789 00/04/2018 MYRIAM MELENDEZ 460.00 371.790 09/04/20.18 WATSON REALTY GROUP 3,880.00 371791 09/04/20.18 JAMES R LYONS 407.00 371792 09/06/2018 PORT CONSOLIDATED INC 3,622.51 371793 09106/2018 JORDAN MOWER INC 240.03 371794 09/06/2018 COMMUNICATIONS INTERNATIONAL 192.20 371795 09/06/2018 TEN -8 FIRE EQUIPMENT INC 1,287.84 371796 09/06/2018 RANGER CONSTRUCTION IND INC 433.10 371797 09/06/2018 VERO CHEMICAL DISTRIBUTORS INC 635.80 371798 09/06/2018 VELDE FORD INC 1,036.74 371799 09/06/2018 SAFETY PRODUCTS INC 403.17 371800 09/06/2018 THOMAS P WHITE 16.00 371801 09/06/2018 SEWELL HARDWARE CO INC 11.96 371802 09/06/2018 GRAINGER 147.84 371.803 09/06/2018 KELLY TRACTOR CO 5,670.84 371804 09/06/2018 SAFETY KLEEN SYSTEMS INC 280.00 371805 09/06/2018 AMERIGAS EAGLE PROPANE LP 149.00 371806 09/06/2018 AMERIGAS EAGLE PROPANE LP 149.00 371807 09/06/2018 AMERIGAS EAGLE PROPANE LP 1,337.04 371808 09/06/2018 AMERIGAS EAGLE PROPANE LP 1,360.39 371809 09/06/2018 AMERIGAS EAGLE PROPANE LP 1,570.92 371810 09/06/2018 WILD LAND ENTERPRISES INC 16.66 371811 09/06/2018 LF] FORT PIERCE INC 1,356.90 371812 09/06/2018 NATIONAL FIRE PROTECTION ASSOC 78.95 371813 09/06/201.8 PATI'ERSON POPE INC 829.99 371814 09/06/2018 VERO INDUSTRIAL SUPPLY INC 291.45 37181.5 09/06/2018 TIRESOLES OF BROWARD INC 572.88 371816 09/06/2018 THE GOODYEAR TIRE & RUBBER COMPANY 202.01 371817 09/06/2018 BAKER & TAYLOR INC 1,612.95 371818 09/06/2018 MIDWEST TAPE LLC 790.82 371819 09/06/2018 BAKER DISTRIBUTING CO LLC 111.50 371820 09/06/2018 PALM TRUCK CENTERS INC 460.22 371821 09/06/2018 TINDALE-OLIVER & ASSOCIATES INC 5,1.26.57 371822 09/06/2018 CITY OF VERO BEACH 16,1.55.43 371823 09/06/2018 UNITED PARCEL SERVICE INC 120.93 371824 09/06/2018 TREASURE COAST HOMELESS SERVICES 17,654.00 371825 09/06/2018 FLORIDA DEPT OF EDUCATION 277.08 371826 09/06/201.8 ARTHUR J GALLAGHER RISK MGMT SERV INC 497.00 371827 09/06/2018 FLORIDA DEPT OF AGRICULTURE AND 25.00 371828 09/06/2018 ROGER CLEVELAND GOLF INC 1,377.60 371829 09/06/201.8 INTERNATIONAL GOLF MAINTENANCE INC 94,756.68 371830 09/06/2018 GEOSYNTEC CONSULTANTS INC 551.05 371831 09/06/2018 FLORIDA POWER AND LIGHT 11,019.52 371832 09/06/201.8 FLORIDA POWER AND LIGHT 561.39 371833 09/06/2018 STATE ATTORNEY 8,165.79 371834 09/06/2018 NSI ALPHA CORPORATION 137.00 371835 09/06/2018 WASTE MANAGEMENT INC 189,563.43 371836 09/06/2018 STRUNK FUNERAL HOMES & CREMATORY 425.00 371837 09/06/2018 JASON.E BROWN 91.52 371838 09/06/2018 KAREN RACKARD 131.20 371839 09/06/2018 COMFORT INN 195.98 9 TRANS NBR DATE VENDOR AMOUNT 371840 09/06/2018 ALAN C KAUFFMANN 220.00 371841 09/06/2018 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 139.32 371842 09/06/2018 JEFF WEST 42.60 371843 09/06/2018 UNIVERSITY OF SOUTH FLORIDA 32,824.00 371844 09/06/2018 PRO -CO INC 1,760.00 371845 09/06/2018 SY-CON SYSTEMS INC 656.53 371846 09/06/2018 RUSSELL PAYNE INC 621.37 371847 09106/2018 TRANE US INC 612.00 371848 09/06/2018 CELICO PARTNERSHIP 177.30 371.849 09/06/2018 VAN WAL INC 1,883.00 371850 09/06/2018 OTC DIRECT INC 660.22 371851 09/06/2018 SOUTHERN JANITOR SUPPLY INC 87.60 371852 09/06/2018 STAPLES CONTRACT & COMMERCIAL INC 610.59 371853 09/06/2018 HEVERON GROUP INC 19,039.00 371854 09/0612018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 294.99 371855 09/06/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 298.99 371856 09/06/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 166.83 371857 09/06/2018 CROSBY, WILLIAM B 75.00 371858 09/06/2018 1 ST FIRE & SECURITY INC 625-.00 371859 09/06/2018 WERE, FRED G & ROBERTA 32.73 371860 09/06/2018 JOHNNY B SMITH 60.00 371861 09/06/2018 MCCULLEY MARINE SERVICES INC 30,000.00 371862 09/06/2018 TRADEWINDS POWER CORP 7,503.00 371863 09/06/2018 TREASURE COAST SPRINKLERS INC 2,075.00 371864 09/06/2018 KWACKS INC 16_.309.08 371865 09/06/2018 WHM LLC 124.95 371866 09/06/2018 ECMC 282.67 371867 09/06/2018 TIM 70RC 110.45 371868 09/06/2018 REPROGRAPHIC SOLUTIONS INC 3.90 371869 09/06/2018 LOWES 140ME CENTERS INC 165.80 371870 09/06/2018 ALEX MIKLO 60.00 371871 09/06/2018 TREASURE COAST TURF INC 430.15 371872 09/06/2018 MARK BAER 1.493.00 371873 09/06/2018 FLORIDA TRAVEL VACATIONS INC 500.00 371874 09/06/2018 SUSAN ADAMS 53.58 371875 09/06/2018 FAMILY SUPPORT REGISTRY 9.66 371876 09/06/2018 REI ENGINEERS INC 180.00 371877 09/06/2018 KELLY .MCKINLEY 159.00 371878 09/06/2018 PAIGE LESTER 114.51 371879 09/06/2018 THE LAW OFFICES OF 711.00 371880 09/06/2018 COBRA GOLF INCORPORATED 2,358.19 371881 09/06/2018 ANFIELD CONSULTING GROUP INC 1.0,000.00 371882 09106/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 6,130.00 371883 09/06/2018 UNIFIRST CORPORATION 492.88 371884 09/06/2018 SITEONE LANDSCAPE SUPPLY LLC 89.80 371885 09/06/2018 BARSALOU VENTURES LLC 616.90 371886 09/06/2018 RECYCLE ACROSS AMERICA 488.30 371887 09/06/2018 EDWARD ILLIDGE 140.00 371888 09/06/2018 ALL WEBBS ENTERPRISES INC 370,387.90 371889 09/06/2018 PEOPLE READY INC 688.24 371890 09/06/2018 EMILY GOUGE 100.00 37189.1 09/06/2018 COLE AUTO SUPPLY INC 1._026.22 371892 09/06/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 104.35 371893 09/06/2018 BETE! NOLAN 70.00 371894 09/06/2018 THOMAS R PILIERO 36.00 371895 09/06/2018 SOLE SISTERS SHOES LLC 198.98 371896 09/06/2018 JOSEPH LORINO 60.00 371897 09/06/2018 SHAWN MC CLA.IN 60.00 371898 09/06/2018 VELMAXXX ENTERPRISES INC 433.50 371899 09/06/2018 VIKING LANDSCAPING LLC 7,500.00 10 TRANS NBR DATE VENDOR AMOUNT 371900 09/06/2018 FLORIDA ARCHEOLOGICAL SERVICES INC 2,750.00 37.1901 09/06/2018 RAMONA MURPHY 26.50 371902 09/06/2018 KOOL STUFF LLC 664.41 371903 09/06/2018 VERONIQUE ORY STURIALE 60.00 371904 09/06/2018 CIRCUS PAGES INTERNATIONAL INC 945.50 371905 09/06/2018 ELEANOR K SCOPINICH 7,480.77 371906 09/06/2018 E'LLIESE SHAUGHNESSY 34.65 37.1907 09/06/2018 AVERY DENNISON CORPORATION 55,999.90 371908 09/06/2018 CHILDCARE RESOURCES OF IRC INC 16,799.78 371909 09/06/2018 CLERK OF CIRCUIT COURT 430.00 371910 09/06/2018 INDIAN RIVER COUNTY .HEALTH DEPT 310.92 371911 09/06/2018 INDIAN RIVER COUNTY HEALTH DEPT 294.00 371912 09/06/2018 JANITORIAL DEPOT OF AMERICA INC 45.98 371913 09/06/2018 GIFFORD YOUTH ACHIEVEMENT CENTER INC 3,228.65 371914 09/06/2018 IRC HEALTHY START COALITION INC 2,500.00 37191.5 09/06/2018 IRC HEALTHY START COALITION INC 2,500.00 371916 09/06/2018 IRC HEALTHY START COALITION INC 2,500.00 371917 09/0612018 IRC HEALTHY START COALITION INC 2,500.00 371918 09/06/2018 BIG BROTHERS AND' BIG SISTERS 625.00 371919 09/06/2018 BIG BROTHERS AND BIG SISTERS 3,528.67 371920 09/06/2018 FASTENAL COMPANY 119.91 371921 09/06/2018 GLOVER OIL COMPANY INC 76,342.08 371922 09/06/2018 INDIAN RIVER SOCCER ASSOCIATION 600.00 371923 09/06/2018 SANDY ARACENA 120.00 371924 09/06/2018 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 371925 09/06/2018 CLOVERLEAF CORPORATION 11022.00 371926 09/06/2018 CIT FINANCE LLC 186.21 371927 09/06/2018 ORLANDO FREIGHTLINER INC 188.48 371928 09/06/2018 CARDINAL HEALTH 1.10 INC 253.76 371929 09/06/2018 STRAIGHT OAK LLC 47.45 371930 09/06/2018 ARROW INTERNATIONAL 1,665.50 371931 09/06/2018 JOSEPH DIZONNO 40.00 371932 09/06/2018 CDA SOLUTIONS INC 1.25.00 371933 09/06/2018 GOMEZ BROTHERS IRRIGATION LLC 1,230.00 371934 09/06/2018 DJD EQUIPMENT HOLDINGS LLC 114.28 37193.5 09/06/2018 DANIEL R DUMONT 67.00 371936 09/06/2018 CONCORDANCE HEALTHCARE SOLUTIONS LLC 108.24 371937 09/06/2018 EAST COAST FENCE & GUARDRAIL OF BREAVARD INC 3,950.00 371938 09/06/2018 KAITLYNN BRODE 100.00 Grand Total: 1,243,052.76 11 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 10138.13 09/05/2018 AT&T 7,811.40 1013814 09/05/2018 OFFICE DEPOT BSD CUSTOMER SVC 646.05 1013815 09/0512018 WASTE MANAGEMENT`INC 124.80 1013816 09/05/2018 COMCAST 467.78 1013817 09/06/2018 PARKS RENTAL & SALES INC 66.00 1013818 09/06/2018 ROBINSON EQUIPMENT COMPANY INC 351.14 1013819 09/06/2018 COPYCOINC 133.50 1013820 09/06/2018 NORTH SOUTH SUPPLY INC 31.95 1013821 09/06/2018 INDIAN :RIVER BATTERY 405.80 1013822 09/06/2018 M'EEKS PLUMBING INC 2,916.25 1013823 09/06/2018 WORLD INDUSTRIAL EQUIPMENT INC 4,086.91 1013824 09/06/2018 SOUTHERN COMPUTER WAREHOUSE INC 2,617.08 1013825 09/0612018 PRIDE ENTERPRISES 3.738.23 1013826 09/06/2018 SHRIEVE CHEMICAL CO 21313.44 1013827 09/06/2018 METRO FIRE PROTECTION SERVICES INC 936.00 1013828 09/06/2018 L&L.DISTRI.BUTORS 517.52 1013829 09/06/2018 PACE ANALYTICAL SERVICES INC 108.00 1013830 09/06/2018 FPS OFFICE SOLUTIONS LLC 1,404.45 Grand Toial: 28,676.30 12 ELECTRONIC PAYMENTS - WIRE &: ACH TRANS N13R DATE VENDOR AMOUNT 6166 08/31/2018 I R C HEALTH NSURANCE - TRUST 623.939.40 6167 08/31/2018 RX BENEFITS INC 2:278.52 6168 08131/2018 C E R SIGNATURE CLEANING 5.250.00 6.169 08/31/2018 ST LUCIE BATTERY & TIRE CO 1.000.00 6170 08131/2018 WHITNEY BANK 1,049,949.50 6171 08/31/20I8 BANK OF NEW YORK 2_,490;500.00 6172 09/04/2018 CLERK OF CIRCUIT COURT 84,440.41 6173 09/04/201.8 AMERICAN FAMILY LIFE ASSURANCE CO 18.080.88 6174 09/04/2018 INDIAN .RIVER COUNTY SHERIFF 31,799,931.31 6175 09/04/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 35.750.00 6176 09/04/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 89,_1.37.84 6177 09/04/2018 ALLSTATE 224.14 6178 09/04/2018 MUTUAL: OF OMAHA 16.750.70 6179 09/04/2018 MUTUAL OF OMAHA 7.239.22 6180 09/04/2018 HIGHMARK STOP LOSS 18,118.10 6181 09/04/2018 CHARD SNYDER & ASSOCIATES INC 311.20 P -CARD 09/04/2018 TD BANK N.A. 22.144.04 6182 09/05/2018 RX BENEFITS INC 261,926.84 '6183 09/05/20.18 FL RETIREMENT SYSTEM 589.637.13 6184 09/05/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10,554.44 Grand Total: 9,127,163.67 13 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 1801270 Street Vero Beach; FL 32.960 TO: Board of County Commissioners FROM: Elissa. Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and.Comptroller DATE: September 12, 2018 SUBJECT: County Capital Asset Inventories Annual physical inventories of capital assets are conducted for all BCC departments as well as the Clerk of Circuit Court & Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. Per Florida Statute 274.02, the Finance Department staff has completed a detailed physical inventory of nearly 5,500 pieces of equipment. Assets to be removed from the County inventory must be presented to the Board for approval per Florida Statute 274.07. Attached is the list of non -surplus items that must be removed based on the completed physical inventories. Recommendation: Staff recommends approval to remove the list of assets from the inventory system. 14 Schedule of Assets for Deletion 15 Asset Acquisition Department Number Description Date 'Book Value 1 Community Development 21439 Dell 3200 DSP Projector 10/22/2003 $0.00 Cannot locale 2 Dodgertown 25380 Bata Pitching Machine 1/191_009 $0.00 Cannot locale 3. Emergency Services 2-4410 Dell blade enclosure w/blade server 61301_006 50.00 Removed and discarded by Computer Services 4 Emergency Services 26405 Portable;CG-75 Radio 61_'812012 $0.00 Cannot locate 5 Emergency Services 180270 GE Prism HandheldRadio IP -911998 $0.00 Cannot locate 6 Emergency Services -911 24136 3.5 Ton A/C Unit for West Tower 5/4/2007 50.00 Unit broke and was replaced with emergency PO 7 Emergency Services -911 24137 3.5 Ton A/C Unit for West Tower 5/4/2007 $0.00 Unit broke and was replaced with emergency, . PO 8 Fire Rescue 23358 P7100 Portable Radio 5/12006 $0.00 Cannot locate 9 Fire Rescue 24771 16" Shark Chain Saw 128/2608 $0.00 Cannot locate 10 Fire Rescue 29445 XG-75 Portable Radio 3/172016 $1 ,20828 Cannel locate I 1 Fire Rescue 28465 XG-75 Portable Radio 3117201.6 5120818 Cannot locate 12 Fue Rescue 28850 XC 75 Pro Voice Moble Radio 9/302016 $3,619.02 Cannot locate 13 Fire Rescue 28853 XG-75 Pro Voice Mobile Radio 9/302016 53.619.02 Cannot locate 14 Fire Rescue 21149A Ericsson Macon 500M Mobile Radio 4/122011 50.00 Cannot locate 15 Fite Rescue 2-1568A Portable P7150 Scan Radio 41122011 $0.00 Cannot locate 16 Information Systems 25247 New EMC Retrospect Disaster Recovery Software 9/30/2008 50.00 Software that is obsolete 17 Senior Resource Association 186570 Storage Shed 12/10/1998 50.00 Disposed of 18 Senior Resource Association 165440 Executive Desi: lf//1997 50.00 Disposed of 19 Senior Resource Association 22995A Seen Camera Survtllance System 91301_01 L S0.00 Not removed from retired bus #199 20 Senior Resource Association 229958 Auto Passenger Counter & Logic Unit 5/131_015 581538 Not removed from retired bus #199 21 Senior Resource Association 22_995C Bike Rad 782015 5368.78 Not removed from retired bus x199 22 Senior Resource Association 23712B Auto Passenger Counter K Logic Unit 5/13/_015 $815.38 Not removed from retired bus #203 23 Senior Resource Association 237120 Bike Rat, 788015 $368.78 Not removed from retired bus #203 24 Senior Resource Association 21918C Bile Rack 781.-015 $368.78 Disposed of 25 Senior Resource Association 24382A. Soon Camera Surveillance System 91302011 50.00 Replaced with new system, disposed of 26 Senior Resource Association 251,28.1 Soon Camera Surveillance System 9/302011 $0.00 Not removed from ret -red bus x:212 27 Senior Resource Association 25128C Bike Rad 482/2014 $101.91 Not removed from retired bus 9212 28 Senior Resource Association 25128D Auto Passenger Counter & Logic Unit 5/132015 $81538 Not removed from retired bus 0212 24 Senior Resource Association 25522A Seen Camera Surveillance System 91302011 50.00 Not removed from retired bus 9L'0 30 Senior Resaurce.Association 25522C Auto Passenger Counter K. Logic Unit 5/132015 $81538 Not removed from retired bus #22'0 31 Senior Resource Association 25522D Bike Rad 782015 $368.78 Not removed from retired bus OLIO 32 Senior Resource Association 23523A. Scon Camera Surveillance. System 950/2011 50.00 Not removed from retired bus 9L? 1 33 Senior Resource Association 25523C Bike Rad 4/-!2014 S10I.91 Not removed from retired bus #221 34 Senior Resource Association 2552313 Amo Passenger Counter & Logic Unit 5/132015 581538 Not removed from retired Mrs 4'2271 35 Senior Resource Association 25974 Dell Optiplcs 380 MinitowerComputer 1/312011 $6.00 Disposed or 36 SWT)D 24304 Dell Optiplex 745 Computer 91_62007 $0.00 Cannot locate 37 Utilities 21159 Tac Pack Radio Telemetry Unit 12/12002 $0.00 Should not have been added as asset 38 Utilities 21160 Toe Pack Radio Telemetry Unit 12/12002 $0.00 Should not, have been added as asset 39 Utilities 21161 Tac Pack Radio Telemetry Unit 12/12002 $0.00 Should not have been added as asset 40 Utilities 21162 Tae Pack Radia Telemetry Unit 12/12002 50.00 Should not have been added as asset 41 Utilities 21163 Tac Pack Radio Telemetry Unit 12/12002 50.00 Should not have been added as asset 42 utilities 21648 E3848 Eagle Lift Gate 9/122003 $0.00 On retired truck #393 43 Utilities 21926 54" Wide TommvLill Gate 4112004 $0.00 On retired truck 9427 44 Utilities 24871 Toughbok 52 Laptop 21_0.2008 50.00 Surplussed, asset number not listed on form 45 Utilities 193680 Liflmcore 3200 Hydraulic Crane 8282000 50.00 On retired wok 9350 46 Utilities 199480 Tat Pack Radio Telemetry Unit 688ODI 50.00 Should not have been added as asset 47 Utilities 199490 Tac Pack Radio Telemetry• Unit 682001 50.00 Should not have been added as asset 48 Utilities 199500 Tac Pack Radio Telemetry Unit 681001 50.00 Should not have been added as asset 49 Utilities 199510 Tat Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 50 Utilities 199520 Tat Pack Radio Telemetry Unit 6182001 $0.00 Should not have bom added as asset 51 Utilities 199530 Tac Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 52 Utilities 199540 Tat Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 53 Utilities 199550 Tac Pack Radio Telemetry Unit 682001 50.00 Should nor have been added as asset 54 _Utilities 199570 Tac Pack Radio Telemetry Unit 682001 $0.00 Should not have been added as asset 55 Utilities 199580 Tac Pack Radio Telemetry Unit 6.62001 $0.00 Should not have been added as asset 56 Utilities 199590 Tae Pack Radio Telemetry Unit 682001 $0.00 Should not have been added as asset 57 Utilities 199600 Tae Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 58 Utilities 194610 Tae Pack Radio Telemetry Unit 68X01 50.00 Should not bavr been added as asset 59 Utilities 199620 Tac Pack Radio Telemetry Unit 682001 $0.00 Should not have been added as asset 60 Utilities 199630 Tae Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 61 Utilities 199640 Tac Pack Radio Telemetry Unit 682001 50.00 Should not have been added as asset 62 Utilities 199650 Tac Pack Radio Telemetry Unit 681_001 $0.00 Should not have been added as asset 63 Utilities 19%60 Tac Pack Radio Telemetry• Unit 682001 50.00 Should not have been added as asset 64 Utilities 199670 Tac Pad Radio Telemetry Unit 682001 $0.00 Should not have been added as asset 65 Utilities 209520 Tat Pack Radio Telemetry Unit 81151'_002 $0.00 Should not have been added as assn 66 Utilities 209530 'Cat Pack Radio Telemetry Unit 8/152002 WOO Should not have been added as asset 67 Utilities 209540 Tae Pack Radia Telemetry Unit 8/1520-02 50.00 Should not have been added as asset 68 Utilities 209550 Tat Pack. Radio Telemetry Unit 81151_002 50.00 Should net have been added as asset 69 Utilities 209560 Tac Pack Radio Telemetry Unit 8/152002 SO.00 Should not have been added as asset 70 Utilities 209570 Tae Pack Radio Telemetry unit 81152002 $0.00 Should nm have been added as asset 71 Utilities 209580 Tac Pack, Radio Telemetry Unit 8/152002 $0.00 Should not have been added as asset 72 Utilities 209590' Tac Pack Radio Tclerncry Unit 8115/_002 $0.00 Should not have been added as assn 73 Utilities 209600 Tat Pack Radio Telemetry Unit 8/152602 50.00 Should not have been added as asset 74 Utilities 209610 Tae Pack, Radio Telemetry Unit 81152002 50.00 Should not have been added as asset 75 Utilities 2096-10 Tac Pack Radio Telemetry Unit $115e002. x6.00 Should not have been added as asset 76 utilities 2096--M Tat Pack Radio TelemctryUnit 8/15/_002 50.00 Should not have been added as asset 77 Utilities 209630 Tae Pack Radio Telemetry Unit 8/158002 $0.00 Should not have been added as asset 78 Utilities 209650 Tae Pack Radio Telemetry Unit 8/158002 50.00 Should not have been added as asset S15,410.44 15 Dylan Reingold, County Attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, assistant County attorney Li6101FArd-M Consent Agenda -B.C.C. 9.18.18 Ofce of INDIAN RIVER COUNTY MEMORANDUM. TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 11, 2018 SUBJECT: Second Amended and Restated Interlocal Agreement BACKGROUND. ATTORNEY In 1988, Indian River County, St. Lucie County, Martin County, Okeechobee County, the District Board of Trustees of Indian River Community College (now Indian River State College) and the Medical Examiner for District 19, Florida entered into an interlocal agreement for the purpose of providing medical examiner services in District 19, which consists of Indian River County, St. Lucie County, Martin County and Okeechobee County. The agreement was amended in 1990. In 2004, the parties entered into an Amended and Restated Interlocal Agreement which expires on September 30, 2018. The parties now desire to enter into the Second Amended and Restated Interlocal Agreement which will extend the lease term until September 30, 2028. Under the Second Amended and Restated, Interlocal Agreement, Indian River State College will continue to rent to the counties space for the Medical Examiner at the Indian River State College location at 3209 Virginia Avenue in Ft. Pierce. Under the Second Amended and Restated Interlocal Agreement, the four counties agree to pay for the expenses for operating the .Medical Examiner's Office using a formula for the split in the costs for the four counties that is based upon the number of autopsies and deaths in each of the counties. FUNDING. For Fiscal Year 2018/19 $454,367 has been budgeted as Indian River County's portion of the Medical Examiner's Budget. The funds will be expensed through General Fund/Medical Examiner- Acct# 00190727-033120. There will be a $156.50 recording cost for recordation of the Second Amended and Restated Interlocal Agreement in the Public Records of Indian River County. Funds for this cost are available from the General Fund/County Attorney's Office/Recording Fees — Account No. 00110214034830. FAAtro—yVind iGENFR 0C bApndakiem WedicafEw iner ILA.doc - 16 Board of County Commissioners September 11, 2018 Page Two RECOMMENDATION. The County Attorney recommends that the Board approve the proposed Second Amended and Restated Interlocal Agreement and authorize the Chairman of the Board to execute the proposed Second Amended and Restated Interlocal Agreement and any documents necessary to effectuate the Second Amended and Restated Interlocal Agreement. ATTACHMENT(S). Second Amended and Restated Interlocal Agreement F. Un.-,ylLMdolG&%EZ4L18 C CUgend.MemdsWM-1 F—i— ILAdx 17 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT (MEDICAL EXAMINER) THIS SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT by and between the MEDICAL EXAMINER FOR DISTRICT 19, FLORIDA ("Medical Examiner"), the DISTRICT BOARD OF TRUSTEES ("the Board") of INDIAN RIVER STATE COLLEGE, a public educational institution ("IRSC"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute Medical Examiner District 19 ("the Counties"), for the purpose of providing medical examiner services within .Medical Examiner District 19. WHEREAS, the Parties entered into an Amended and Restated Interlocal Agreement which the parties desire to further amend and restate. In consideration of the mutual advantages accruing to the parties, the Medical Examiner, the Board, and the Counties agree as follows: SECTION 1. STATUS OF THE MEDICAL EXAMINER AND COUNTIES. (a) The Medical Examiner shall be an independent contractor, not the agent, servant or employee of the Counties or any other entity or organization. As such, he shall maintain complete and total control of his employees, agents and servants. (b) The Medical Examiner, or his designee, shall prepare and submit a total unified budget by April 1 of each year to each County respectively for the operation of the Medical Examiner District which shall be subject to approval of the Counties. As set out in Section 4, budgeted monies shall be paid directly to the Examiner for proper disbursement to entitled parties. (c) The Medical Examiner shall comply with Titles VI and VII of the Civil Rights Act of 1964; Executive Order Number 11246 entitled "Equal Employment Opportunity"; as supplemented by regulations of the United States Department of Labor (41 C.F.R. Part 60); and applicable Federal Regulations concerning non-discrimination on the basis of mental and physical handicaps. (d) The Medical Examiner and the Counties shall comply with all applicable provisions of Chapter 406 of the Florida State Statutes, and rules and regulations of the Medical Examiner's Commission. (e) The Medical Examiner shall comply with applicable Standards of Accountability, including: using an accounting system that meets generally accepted accounting principles. ii. maintaining such records and accounts as are necessary to properly account for funds disbursed to and expended by the Medical Examiner. s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 18 iii. retaining relevant records for a period of not less than three (3) years, unless otherwise provided by law. iv. affording the Medical Examiner Commission, the Florida. Department of Law Enforcement, the Counties and the Auditor General access to all records and accounts necessary to justify the use of funds disbursed by the Counties. using funds received from the Counties only for the provision of Medical Examiner services. vi. maintain a detailed inventory of fixed assets for tangible personal property. vii. affix a property tag number to each piece of equipment owned by the Medical Examiner. (f) The Medical Examiner shall provide the Counties with a quarterly expenditure report in a form acceptable to the Counties. (g) The Medical Examiner shall annually provide the Counties with a copy of a financial audit required by Section 11.45, Florida Statutes (2018). The Medical Examiner agrees to select as its auditor the auditor selected by St. Lucie County to prepare the financial audit for the County. SECTION 2. RENTAL AGREEMENT CONCERNING MORGUE LOCATED AT INDIAN RIVER STATE COLLEGE. (a) LEASE TERM. Pursuant to Section 406.08(5), Florida Statutes, Counties do hereby agree to provide for Medical Examiner and his successors, and in consideration of the covenants herein contained, IRSC does hereby rent to Counties for the use and benefit of the Medical Examiner and successors that certain building known as `The Morgue" located at Indian .River State College (College), 3209 Virginia Avenue, Fort Pierce, Florida, more particularly described in Exhibit "A", for a period of ten (10) years beginning on the 1St day of October, 2018, and ending on the 30th day of September, 2028. In the event IRSC constructs a new facility which contains adequate space for the Medical Examiner's operations and upon mutual agreement of the parties, the Medical Examiner shall relocate his operations to this facility and IRSC may use the vacant Morgue in Building I for other purposes as it deems fit. This new space shall become known as the Morgue for the purposes of this agreement. (b) OPTION. Within seven (7) years from the date of this agreement, IRSC agrees to discuss with the Counties the granting of an option to the Counties to extend the lease term for an additional period of time. At the completion of the lease term, the Counties shall have the right of first refusal with respect to the subsequent lease of the Morgue. (c) RENTAL DURING INITIAL TERM. Counties, for the benefit of Medical Examiner, in consideration of this Agreement and of the covenants and Agreement made herein rents the Morgue for said term and does hereby promise to pay to IRSC as rental for the Morgue, the sum of one and 0/100 ($1.00) dollars per year, payable in advance on the 1St day of October each successive year. 2 s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 19 (d) CONDITION AND USE OF THE MORGUE; EQUIPMENT. The Medical Examiner accepts the equipment identified in Exhibit "B" in its present condition. The Medical Examiner agrees to keep the Morgue in a good, clean condition; make no alterations or additions to same without the consent of IRSC which consent shall not be unreasonably withheld; permit no waste thereon; and to obey all laws and ordinances affecting the Morgue. The Medical Examiner further agrees to use the Morgue for the performance of autopsies, examinations, and other investigations as deemed necessary by the Medical Examiner and for no other purposes. It is specifically agreed that Examiner shall not use the Morgue for any personal or private use; the Morgue is to be used.solely for Medical Examiner services. In the event it becomes necessary to provide additional major equipment (any equipment with a cost of $1,000.00 or over) for the Morgue and if agreed by Counties, same shall be provided by Counties. Any equipment purchased with monies budgeted by the Counties shall become the property of the Office of the Medical Examiner and shall be properly tagged. (e) MAINTENANCE OF THE MORGUE; PAYMENT OF EXPENSES. IRSC agrees to maintain the exterior of the Morgue. It shall be the responsibility of Counties.to provide budgeted funds for the maintenance of the interior of the Morgue, including the air-conditioning, heating systems, and plumbing. facilities provided that the Counties are not responsible to keep same in proper working condition. Counties shall be further responsible for funding, as set forth in the budget approved in accordance with section 3 of this Agreement, all utilities at the Morgue, including but not limited to, electricity, water and sewer (all of which shall be metered separately), internal security, janitorial service, garbage pick-up and telephones. It is understood that Counties have installed a telephone system at the Morgue, which telephone lines will be routed directly into the Morgue and not through the College switchboard. No access to the telephone lines shall be permitted by any other extension not in the Morgue or through any other equipment. The Medical Examiner shall also make provisions for a separate mailbox or post office box to serve the Morgue and Medical Examiner which in no way shall be connected to the College. It is also understood by the parties that the Medical Examiner for auditing purposes is an independent special district and is responsible for all interior maintenance and utility costs as set forth in this section 2 (e), procurement of supplies, including the cost thereof and all matters of Medical Examiner personnel, including payroll records; it being understood that all payroll shall be paid by Medical Examiner. SECTION 3. PROCEDURE TO REVIEW AND APPROVE THE MEDICAL EXAMINER'S BUDGET. Pursuant to Section 1(b) of this Agreement, the Medical Examiner shall present a total unified budget for the following fiscal year by April 1 of each year to each County respectively. Upon receipt of the budget, the budget shall be referred to a Medical Examiner's Budget Committee, which shall be composed of one (1) representative from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the JMedical Examiner to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes (2018), as amended. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt or amend the proposed budget. The Committee shall complete its deliberations by June 1 of each year. Upon completing its deliberations, the Committee shall forward the proposed budget to the budget officer or other designated officer for each of the four (4) counties. The proposed budget 3 s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 20 shall then be presented to each of the four (4) Boards of County Commissioners for consideration during the Board's normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determine to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. Nothing in this Agreement shall prohibit the Medical Examiner from requesting additional appropriations for good cause shown, from the Counties during the budget year. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. SECTION 4. DIVISION OF RENTAL AND OPERATING EXPENSE. (a) The expenses of operating the Medical Examiner's Office including rental and purchase of additional equipment as set out herein shall be divided among and borne by the Counties based on a formula in which the ratio of the number of autopsies performed for each County in the previous year (A) to the number of autopsies performed in the four counties in the previous year (B) is weighted 50 percent, and the ratio of the number of deaths in each county in the previous year (C) to the total number of deaths in the four counties in the previous year (D) is weighted 50 percent. The formula is expressed as (A/B x 0.5) + (C/D x 0.5) = respective County's share of expenses. (b) CALCULATION. The Counties agree to calculate the division of rental and operating expenses April 1 of every year during the term of this Agreement beginning in 2019 by using the above formula based on the autopsy and death figures from the year preceding the year the expenses are recalculated. The recalculation shall be effective on the following October 1. SECTION S. PAYMENT OF RENTAL AND OPERATING EXPENSES. (a) During the term of this Agreement, Indian River, Martin, Okeechobee and St. Lucie Counties shall pay to IRSC its estimated, respective share of the rental of the Morgue in advance annually on the 1St day of October of each year effective beginning in 2018. During the term of this Agreement, the Counties shall pay to the Medical Examiner its estimated, respective share of the Medical Examiner's monthly operating expenses based on the budget approved by the Counties and on the formula set out in Section 3. The operating expenses shall be paid in advance monthly beginning on the 1St day of October, 2018. (b) If during any period of this Agreement, the rental and operating expenses of the Morgue are less than the amounts received from the Counties, the excess funds shall be carried forward to the next year and shall be applied to that county's share of the operating expenses for the next succeeding year. 4 s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 21 (c.) No county shall be deemed to assume any additional share of the total operating expenses of the Morgue by reason of the default of one or more of the other counties. SECTION 6. INSURANCE AND INDEMNIFICATION. During the term of this Agreement, IRSC shall provide fire and extended casualty insurance coverage for the real property owned by IRSC, in full insurable value. The Medical Examiner shall provide fire and extended casualty insurance coverage for equipment owned by the Medical Examiner in full insurable value. Pursuant to an Interlocal Agreement dated July 8, 2008, between St. Lucie County and the Medical Examiner, St. Lucie County is providing health, life, disability and worker's compensation insurance services to the Medical Examiner based on rates established by St. Lucie County. St. Lucie County bills the Medical Examiner for the insurance services based on the established rates. During the term of this Agreement, the Medical Examiner shall obtain and carry professional liability insurance as required by Chapter 406 of the Florida Statutes in an amount not less than $1,000,000.00. Solely, to the extent allowed by Florida law, and in no event greater than the limits set out in Section 768.28, Florida Statutes, each party to this Agreement agrees to indemnify and hold the other parties harmless from damages resulting from the negligence of each party, its agents and employees. SECTION 7. COVENANTS BY THE MEDICAL EXAMINER. (a) During the term of this Agreement, the Medical Examiner and his successors agree to occupy and use the Morgue facilities to perform autopsies within the four (4) county area. (b) At no time shall there be any personnel in the Morgue located at the College, other than custodians approved by the Medical Examiner; unless accompanied by a representative from the Medical Examiner's office, except during an emergency. During an emergency, the Medical Examiner will be contacted as soon as possible. During normal business hours, no one shall proceed beyond the front reception area of the Morgue without the express consent of Medical Examiner personnel and unless they are accompanied by Medical Examiner personnel. After normal working hours, no one other than Medical Examiner personnel, shall be allowed in the Morgue unless prior permission is obtained from the Medical Examiner's office; and they are accompanied by Medical Examiner personnel, except in the event of an emergency. The Medical Examiner shall provide College and continue to provide College with a current list of all Medical Examiner personnel throughout the term of this Agreement. SECTION 8. MISCELLANEOUS PROVISIONS. (a) Any alteration, variation, modification, extension, renewal, orwaiver ofthe provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. 5 s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 22 (b) The name of the Morgue facility located at the College shall be "Office of the Medical Examiner, District 19, Florida". (c) This Agreement shall be binding on the parties hereto, their successor and assigns when permitted. If the Morgue shall be wrecked or destroyed by fire or other casualty so as to render it unfit for occupancy, IRSC shall use the insurance proceeds to repair or reconstruct the Morgue as speedily as possible but in no event shall any party hereto be entitled to compensation or damage on account of the annoyance or inconvenience of IRSC in making said repairs; and neither the Medical Examiner. nor the Counties shall be entitled to compensation or damage on account of such destruction. (d) Neither the Medical Examiner nor the Counties may sublet or re -rent the Morgue or any part thereof or assign this Agreement or permit any transfer thereof by operation of law without the consent in writing from all parties. Any assignee or sublessee must be approved by all parties. Any assignee or sublessee must be approved by all parties, and such written consent or approval by all parties shall in no way affect.or relieve the Medical Examiner or Counties of their obligation arising under this Agreement or the laws of this State. (e) This Agreement embodies the whole understanding. of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. (f) The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida. (g) This Agreement can be cancelled upon giving twelve (12) months prior written -notice before the beginning of the next fiscal year by anyone (1) of the four (4) Counties provided that the non -terminating Counties shall have the option to continue renting the morgue facilities subject to the terms and conditions of this Agreement. The termination of this Agreement shall not require IRSC to refund any monies collected by the Board pursuant to this Agreement. In addition, the termination of this Agreement shall not require any of the non -terminating counties or the Medical Examiner to refund any monies or equipment collected or purchased pursuant to this Agreement. (h) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida, prior to its effectiveness. SECTION 9. NOTICE. All notices or other communications hereundershall be in writing and shall be deemed duly given if delivered in person or sent by certified or registered mail, return receipt requested, first class, postage prepaid and addressed as follows: 6 s:\atty\agreemnt\interloc\Medical Examiner —Second Amended & Restated 23 IF TO IRSC: Vice President of Financial Services and CFO 3209 Virginia Avenue Fort Pierce, Florida 34982 IF TO MEDICAL EXAMINER: Medical Examiner for District 19, Florida 2500 South 35th Street Fort Peirce, Florida 34981 IF TO COUNTIES: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: With a copy to: With a copy to: Indian River County Administrator 180127th Street, Building A Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Administrator 304 Northwest Second Street Okeechobee, Florida 34972 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officials on the dates stated below. This Agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original instrument. WITNESS: (SEAL) 7 s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE BY: Date: 24 ATTEST: Clerk (SEAL) INDIAN RIVER COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney s:\atty\agreemnt\iriterloc\Medical Examiner—Second Amended & Restated 25 ATTEST: CAROLYN TIMMANN, CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA EDWARD V. CIAMPI, CHAIRMAN APPROVED AS TO FORM & LEGAL SUFFICIENCY: SARAH WOODS, COUNTY ATTORNEY s:\atty\agreemnt\interloc\Medical Examiner—Second Amended & Restated 26 ATTEST: Clerk (SEAL) 10 si\atty\agreemnt\interloc\Medical Examiner -Second Amended & Restated OKEECHOBEE COUNTY, FLORIDA BY: Chair, Board of.County Commissioners Date• APPROVED AS TO FORM AND CORRECTNESS: County Attorney 27 ATTEST: Clerk (SEAL) 11 s:\atty\agreemht\interloc\Medical Examiner—Second Amended & Restated ST. LUCIE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney 28 WITNESS: Notary Public (and Seal) 12 s:\atty\agreemnt\interloc\Medical Examiner -Second Amended& Restated MEDICAL EXAMINER DISTRICT 19, FLORIDA By: Date: 29 EXHIBIT "A" 122 126B 126A 125A 127A 120 127 124 0 123 27B 126 119 125 121 _ 100E 1001) 118 0 111A 113 114 0 119A 100 111 115 a �, 117 0 _ A 100A __ 101 a 110 104 10013 109 102 0 103 105 106 107 108 a t09A u w J FORT PIERCE MAIN CAMPUS - SITE NO. 01Q U V) BUILDING BUILDING LETTER BUILDING NAME SQUARE FEET idl iS c DESIGNATION 9 I MEDICAL EXAMINER '9,500 INDIAN RIVER 1-09-1 STATE COLLEGE s:\atty\agreemnt\interloc\Me.dical Examiner - Second Amended & Restated - Floor Plan Attachment EXHIBIT"B" OFFICE OF THE MEDICAL EXAMINER - DISTRICT 19 PHYSICAL INVENTORY LIST List.ltems Over $1,000 Tag No.: Description: Serial No.: Date ACQ.: Purchase Price: 0040 Automobile - 2000 Chev. Van Astro 1GNDM19W3YB119333 4/20/2000 $5,250.00 0041 Automobile -2007 Chev. Impala LS Sedan 2G1WB55K579365102 4/20/2007 $15,350.00 0120 Autopsy Station, Wall Mounted & Features Model 1036-7 7/24/2001 $15,927.00 0203 Body Scale NIA 7/1/1987 $12,200.00 6204 Body Scale N/A 8/1/1989 $7,250.00 0121 Cooler, Walk -In C8001434 10/16/2001 $18,977.69 0130 Copier, Doc Feed / Fax.MITA 2530 (Pur. for $150) H3042383 7/23/2007 $3,000.00 0122 Disposal, Commercial 3/4 HP Model # SS -75 4/17/2000 $1,145.60 W 0449 Disposal, Garbage, For Morgue -Installed 3/17/09 Item ISE 13659A SS75-28 208-230 2/11/2009 $1,265.55 0119 Lift, Universal,AN-30-P, With Pallet 10397 4/17/2001 $5,084.31 0196 Microscope; Nikon E50i, Dr. O'Neil's 115258 8/5/2009 $5,911.00 0300 Microscope, Nikon Photomicroscope- Dr. M. 43245 10/30/1996 $11,738.00 Phone Systern - Comm.'Cable Co.. N/A 3/15/2001 $3,375.00 0167 Saw, Autopsy, 10000, 115 V, 50160 HZ NA 2/23/2007 $1,020.25 0217 Saw, Autopsy, 11.0-120V, 50/60 Hz 1.5 5467 8/31/2010 $1,137.10 0218 Saw, Autopsy, 110-120V, 50/60 Hz 1.5 4599 8/31/2010 $1,137.10 0222 Autopsy Sawl10-120V, 50/60 Hz 4693 9/27/2011 $1,155.00 Saw/Bone Dust Collector NA 9/28/2001 $1,049.00 0114 StorageRack, Stainless'Steel N/A 1/31/2002 $1,305.00 0115. Storage Rack, Stainless Steel N/A 1/31/2002 $1,305.00 0037 Tray/Gurney, Autopsy N/A 7/1/1987 $3,428.00 0038 Tray/Gurney, Autopsy N/A 7/1/1987 $3,428.00 0039 Tray/Gurney, Autopsy N/A 7/1/1987 $3,428:00 0040 Tray/Gurney, Autopsy N/A 7/1/1987 $3,334.00 0041 Tray/Gurney, Autopsy NIA 7/1/1987 $3,334.00 Trays., Body 8 - Stainless Steel item # T3614 9/28/2004 $6,072.00 0109 X -Ray, HF110 High Freq. Dynarad Sys. 1876/1871/1876 4/16/2001 $16,974.00 0112 X -Ray, Intra Oral Image X70 W/Stand 5/2/2001 $3,350.00 0142 X -Ray Film Prossor W/Stand, Konica SRX 101A 105221147 4/15/2005 $4,650.00 0443 Dell Latitude ES520 - Vinny's Laptop 4/7/2012 $1,010.91 0448 Receiving Cooler 31'8" W x 14'9" D x 87" H 5/15/2012 $23,852.00 W 0449 Holding Cooler 23'6"W x 16 1) x 8'7" H 5/15/2012 $27,343.00 �' 0227 Toshiba Printer, Fax, Copier, Scanner 8/30/2012 $6,417.00 0.451 Autopsy Station Center Model 1036-10MOD 5/15/2012 $12,098.00 0456 Administrative Manager's Desk 6/15/2012 $2,410.10 0425 Associate Medical Examiner Desk 6/15/2012 $2,471.95 0484 Chief Medical Examiner Desk 6/15/2012 $3,066.35 0497 Administrative Assistant Desk 6/15/2012 $2,644.81 0493 General work area desk 6/15/2012 $1,164.96 0490 Desk Investigator Office - Middle Office 6/15/2012 $1,184.50 0435. Desk Investigator Office- East office 6/15/2012 $1,184.50 0427 Desk Investigator Office - West Office 6/15/2012 $1,184.50 0189 2 -Way Motorola Radio 205CJK2963 1/15/2009 $2,600.00 0190 2 -Way Motorola Radio 205CJK2969 1/15/2009 $2,600.00 0191 2 -:Way Motorola Radio 205CJK2956 1/15/2009 $2,600.00 0192 2 -Way Motorola Radio 205CJK2978 1/1.5/2009. $2,600.00 0193 2 -Way Motorola Radio 205CJK2955 1/15/2009 $2,600.00 0194 2 -Way Motorola Radio 205CJK2971 1/15/2009 $2,600.00 0195 2 -Way Motorola Radio 205CJK2994 1/15/2009 $2,600.00 0213 Cadaver Lift 12/5/2012 $8,038.00 0228 0232 Qty: 5 Cantilver, racks @ $1,756 ea. 5/5/2012 $8,780.00 0254 Autopsy Sawl 10-120V, 50/60 Hz 12 /12/2012 $1,346.35 0255 Digital X-ray 12/13/2012 $25,550.00 0432 Microscope - Dr. Mittleman 700847 10/2/2013 $9,577.00 Co -Observation set up for Dr. M's Microscope - add to Inventory # 432 line above (Coverdell Grant 12/15/2015 $3,640.010. Total for inventory #432 $13,217..00 434 Autopsy Sawl10-120V, 50/60 Hz 9/5/2014 1;254 0379 RX -4 Automatic Tablet Counter (Coverdell Grant) RX.4 12/16/2014 $2,500.00 398 Autopsy Sawl.1 0-1 20V, 50/60 Hz (Coverdell Grant) 3/3/2015 $1,265.58 346 Autopsy `SaWl10-1.20\(, 50/60 Hz 12/21/2015 $1;282:75 340 14 x. 17 Cassette for digital x-ray 1/15/2016 $1,027.78 360 14 x 17 Cassette for digital x=ray 1/25%2017 $1,550.00 356 Autopsy$aw110-120V, 50/60 Hz (Coverdell Grant) 4/7/2017 $1,282.75 W N w w OFFICE OF THE MEDICAL EXAMINER - DISTRICT 19 PHYSICAL INVENTORY LIST Items Under $1,000 Tag No.: Description: Serial No.: Date ACQ.: Purchase Price: 0126 Calculator, Victor 1208 Model 1209 3/12/2003 $34.00 0139 Camera, Konica Minolta D.iMAGE Z10 - Bill 57415285 9/10/2'004 $299.00 01.55 Camera, Nikon Digital Carriera'CoolPix 4800 -'Not Used 31093310 11/4/2005 $207.95 0.216 .Camera; Sony,DSC-HX1 OOV Cyber=Shot - Morgue 0224 Camera, Sony DSC'-HX100V Cyber -Shot - Morgue 586065 11/14/20'11 $399.99 0225 Camera, Sony DSC-HX1 QOV Cyber -Shot - Morgue 586084 12/13/2'011 $399.99 226 Camera, Sony,DSC-HX200V Cyber -Shot- Morgue 3560272 10/4/2012 $429.99 0171 Camera, Sony Cyber -Shot DSC -HE Digita I- Morgue 3652087 7/9/2007 0198 Camera, Nikon CoolPix P90 - Morgue - Vinny 30162498 7/8/2009 $409.00 0214 Camera, Nikon CoolPix P90 - Mery 30230336 11/23/2009 $409.:00 0093 Camera/Len's - Camera Doesn't Work N7707868 1/31/1992 $590.00 0153 Cart, Flat Shelf 19/30, Gray for the Morgue 7/25/2005 $169.00 0174 Computer, HP Lap Top (S) CNF7357L79 9/29/2007 $996.00 0220 Computer & Monitor, Dell from IRSC Service Tag:BHRFHQ1 6/7/2011 $997.33 0071 Dictaphone 3255 Micro Port. Dictator 288853 6/22/2004 $295.00 Dictaphone 3254 Micro Port. Dictator -Replaced by 0154 943091 412 Canon SX50 HS 9/24/2013 $428.00 0433 Camera 10/28/2013 $389.00. 0094 File Cabinet - 4 Drawer, Letter Size N/A 3/14/2001 $108.90 0095 File Cabinet - 4 Drawer, Letter Size N/A 3/14/2001 .$108.90 0096 File Cabinet - 4.Drawer, Letter Size N/A 3/14/2001 $108.90 '0097 File Cabinet - 4 Drawer, Letter Size N/A 3/14/2001 $108.90 File, Open Cabinets 5/18/2001 $93.60 & $679.68 File, Open Cabinets (Replaced 1/13/04) 7/1/2003 $128.80 & $579.60 File, Open Cabinets 7/29/2003 $231.84 0046 File Cabinet, Open Shelf Storage N/A 3/3/1989 $910.00 0442 Uprright Freezer 3/1/2012 $600.00 0108 Light For The Morgue-Skytron 122099026-083 10/1/2001 $584.00 0125 Micro Slide Storage Cabinet NA 1/17/2003 $266.89 0157 Microscope-Accuscope Stereo 050451 1127/2006 $400.00 0134 Modular Storage System. (Micro slide Holder) NA 1/14/2004 $583.44 0401 Printer., HP 950C DeskJet 5/3/2001 $244.00 04.02 Printer-, HP 2100M LaserJet USFV07321 4/6/2001 $682.00 0403 Printer, HP 2100M LaserJet USFV073276 4/6/2001 $682.00 0107 Printer, HP 22000 LaserJet CNDRC43745 10/2%2001 $671.33 0124 Printer, HP Photosmart 7550 Photo CN28K421 FS 12/16/2002 $299.99 0141 Printer, HP Photosmart 9150 -Dr. Mittleman's MY4912KO65 2/11/2004 $174.33 0145 Printer, For Morgue to do Labels A5J716782 5/12/2005 $2.19.99 '0176 Printer, Color & Scans For Dr. Graham 4/25/2008 $289.99 0182 Printer, HP LaserJet P3005DN for Dr. Mittleman SCNJlGO8281 8/7/2008 $511.43 0184 Printer, HP LaserJet P3005DN-Dr. Mittleman SCNJ1F7661 8/25/2008 $511.43 0202 Refrigerator NA 9/22/1992 $499.00 Saw, Autopsy NA 9/28/2001 $793.80 0137 Saw, Autopsy, 115V, 50/60 GZ, 1,5 /AMPS NA 7/30/2004 $963.00 Scale - Electric NA 6/26/2001 $219.00 0215 Shreader 1/14/2010 $149.99 Skytron Diemeter Light W/Stand NA 9/28/2001 $584.00 0170 Tape Recorder, Sony 4/23/2007 $44.00 0181 AS -4000 PC Transcription Kit - @ Transcriptionist's Home OLAS4000 4/22/2008 $329.00 0030 Typewriter, IBM 47110662878 7/1/1987 $879.00 0031 Typewriter, IBM 7110530043 7/1/1987 $879.00 0185 Typewriter, IBM 6, 31K Memory, 11-0123590 8/27/2008 $349.00 0199 Typewriter, IBM Wheelwriter 6, Series II 11-6188229 9/24/2009 $399.00 0081 Video Recorder RCA 38430014 6/1/1991 $749.00 233-533 Autopsy Trays Qty: 20 @ $640.00 ea. 12/5/2012 $12,800.00 256 workstation - digital x-ray 12/11/2012 $787.00 257 Magnifier Light 1/16/2013 $443.00 No # DVD Player J46541645B 3/14/2006 $35.62 0.216 -Sonet' DSC HX1, NP-FH50 Camera 650299 8/10/2010 $399.00 0219 HP Laser. Jet Printer P3016 - For Admin. Manager VNBCB704RD 9/23/2010 $925.08 0188 Computer - Morgue IRCC Workstation 9/29/2008 $94'4:66 413 Canon Camera 10/17/2014 $399.00 0330 Micro Slide Storage Cabinet 2/2/2015 $166.18 383 Canon PoWe"rshot Camera 6/25/2015 $459.00 0268 Olympus Digital Dictation Machine - REM 10/7/2015 $499.00 0269 Olympus Digital Dictation Machine - LON 10/12/2015 $499.00 355 Micro Slide Storage Cabinet 2/29/2016 $166.18 345 Partner phone - used 3/21/2016 $80.00 348 Partner phone - used 5/11/2016 $125:00 349 Partner phone - used 5/11/2016 $100.00 347 Fly Killer for Morgue 5/13/2016 $196.20 0390 Canon Camera - Obtained thru Coalition Grant 12129/2016 $549.00 0341 Kyocera Color Laser Printer 1/1.2/2017 $992.00 357 Canon Powershot Camera 4/7/2017 $449.99 362 Olympus Digital Dictation Machine - SN 4/4/2017 $499.00 353 EGP Laser Printer - Dr. Norford 7/1/2017 $399.00 358. Partner phone - New (Christine) 9/25/2017 $156.00 W Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate.Pingolt Cotner, Assistant County Attorney Office Of Consent 09/18/2018 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney )Ip DATE: September 11, 2018 SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by, the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41 % compared with a nationwide average of 27% of a community's population. Because our County has a larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. 36 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program September 11, 2018 Page 12 The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with Rental Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to.low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current fair market rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2019 is attached for the Board's consideration. Similarly, utility rates for water, sewer, gas, electric, and propane were approved by the Board at its September 11, 2018 meeting. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2019 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Stan Boling, Community Development Director Robin Miller, Rental Housing Program Manager 37 RESOLUTION 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2019 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency (PHA) by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS; the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2018, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR, and WHEREAS, HUD regulations require annual adoption and approval of Payment Standard Amounts: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for beginning Fiscal Year 2019 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $678 $842 $961 $1,216 $1,392 RESOLUTION 2018 - The foregoing Resolution was: offered 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 18th day of September, 2018. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman 39 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., PMP, County Engineer SUBJECT: Release of Retainage and Change Order No. 1 for CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) IRC -1139 DATE: September 5, 2018 DESCRIPTION AND CONDITIONS On April 4, 2017, the Board of County Commissioners awarded Bid No. 2017034 to Timothy Rose Contracting, Inc. in the .amount of $3,491,545.38 for the resurfacing of CR512 which included the dual westbound lanes from Roseland Road to US -1 of CR512 and the eastbound lanes from Easy Street to US -1. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $128,301.36 for a final cost of $3,363,244.02 and make final contract time adjustments. Timothy Rose Contracting, Inc. has completed the project and has been paid $3,195,081.82 with $168,162.20 held in retainage. Timothy Rose Contracting, Inc. has submitted Application for Payment No. 8 for release of retainage in the amount of $168,162.20. FUNDING Funding is budgeted and available in Secondary Roads/FDOT SCOP Grant/CR512 Resurfacing (Easy Street/US-1/Roseland Road)/Retainage, Account No. 109-206000-16010 in the amount of $168,162.20. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Application for Payment. No. 8 to Timothy Rose Contracting, Inc. in the amount of $168,162.20 for release of retainage. ATTACHMENTS 1. Timothy Rose Contracting, Inc. Application for Payment No. 8 2. Change Order No. 1 APPROVED AGENDA ITEM FOR SEPTEMBER 18, 2018 40 C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@F40D34F6\@BCL@F40D34F6.doc 8,-E. SECTION 00622 - Contractor's ,application for Payment CR512 WESTBOUND RESURFACING (ROSELAND ROAD TO US1) CR512 EASTBOUND RESURFACING (EASY STREET TO US1) Application for Payment No. 8 For Work Accomplished through the period of 02/21/18 through 03/12/18 To: Indian River County (OWNER) From: Timothy Rose Contracting, Inc (CONTRACTOR) Bid No.: 2017034 Project No.: 1139 FM No.: 431160-1-54-01 (1) Attach detailed schedule and copies of all paid invoices. 1 Original Contract Price: $3`491,545.38 2 Net change by Change Orders and Written Amendments (+ or $0.00 3 Current Contract Price (1 plus 2): $3,491,545.38 4 Total completed and stored to date: $3,363,244:02 5 Retainage (per Agreement): 0% of completed Work: 5% of retainage $0.00 Total Retainage: $0.00 6 Total completed and stored to date less retainage (4 minus 5): $3,363,244.02 7 Less previous Application for Payments: $3,195,081.82 8 DUE THIS APPLICATION (6 MINUS 7): $168,162.20 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned. CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-1 41 2.Updated Construction Schedule per Specification Section 01310, and Dated: 02/26/18 By: (CONTRACTOR - must be signed Timothy Rose, President Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Timothy Rose, who being by me first duly sworn upon oath, says that he/she is the President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 12th day of March, 2018 Timothy Rose is personally known to me or has produced as identification. (SEAL) , A/ Mie. 0' `z, Dt Ro}RAH IME' 1 AA•( coimmissto,! 4 m0457E 2 J;XPI RES: OctcW 03, 2019 k 1+`H'•?�!L14: tJ!f•.tit'if1}"Jy''+.31ft^_�i�T3'�fNtA� Please remit payment to: NOTARY PUBLIC: r Printed name: Deborah West 9 Commission No: FF904578 Commission Expiration: 10.03.19 Contractor's Name: Timothy Rose Contracting Address: 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 [The remainder of this page was left blank intentionally] 00622-2 42 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Westfield Insurance Company ,a corporation, in accordance with Public Construction Bond Number 5582831 hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Westfield Insurance Company Secretary Corporate Surety One Park Circle, P.O. Box 5001 Westfield Center, OH 44251-5001 Business ress BY: Print Name:. Cabot W. Lord Title: Attorney-inf--Fact (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Cabot W. Lord , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the Attorney -in -Fact for Westfield Insurance Co and that he/she has been authorized by,Westfield insurance co it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 12th day of March 20 18 Notary Public State or Florida James T Hill Notary Public, State of L My Commission FF 171767 '+» F Expires 11/2112o18 My Commission Expires: 11- **rkrF [The remainder of this page was left blank intentionally] 00622 - contractor's Application for Payment - 03-10 rev 00622-3 FdPublic WorWENGINEERING DIVISION WPROJECTS11049 0th St sidewalk Improvements (58th Ave to 21st Coun)%Admimlbld documentslLAP DocumentsVAaster Contract 43 DOmentsW0622 - Contractors Application for Payment- 03-10 rev.doc Rev. 05101 ti General POWER NO. 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio °i Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO " FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY of PALM CITY and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - • - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUAR RTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in ?1 the remises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: �! The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogmzances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . ""' P asua.ta +� '���N�WESTFIELD INSURANCE COMPANY Corporate Seals c P.• Vis''•; r WESTFIELD NATIONAL INSURANCE COMPANY Affixed�� �+. •'��po ;o LA ,'�lt�•`'� + '�e^'� OHI FARMERS INSURANCE COMPANY Nf S SEAL ' t;,llutrFl�Q 33 '•.,� ,� r Ap r sS*. 1848 '�1� .. •'•'• •� •••i State of Ohio "' ""•`'• """ Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial .,,.y•••.• Seal IAL S, Affixed Q�"'�••"' • David A. Kotnik, Attorney at Law, Notary Public State of Ohio �� "V10 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: + q - r£OF� I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 12th day of March ,mss' A�c,� 2018 •.•P� oNA� !NS • S JP,y, y SEAL .9Z•; ��waTE 011cl 1848 , = r S¢cratary �,7r'•. '�• ;z,•. :.o; , • + : ,* Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 44 (J� 1.rt3 a DsINC. CORPORATE HEADQUARTERS 921 SHOTGUN ROAD SUNRISE, FL. 33326 954-423-2627 CREDIT DEPT. FAX 954-7364562 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT ON RECEIPT BY THE UNDERSIGNED CHECK FROM hat would be much appreciated TIMOTHY ROSE CONTRACTING, INC. IN THE SUM OF _$10.00_ PAYABLE TO BOBS BARRICADES INC. AND WHEN THE CHECK HAS BEEN PROPERLY ENDORSED AND HAS BEEN PAID BY THE BANK ON WHICH IT HAS BEEN DRAWN, THE DOCUMENT BECOMES EFFECTIVE TO RELEASE A MECHANIC'S LIEN, AND STATE OR FEDERAL STATUTORY BOND RIGHT, ANY PRIVATE BOND RIGHT, ANY CLAIM FOR PAYMENT AND ANY RIGHT UNDER ANY SIMILAR ORDINANCE, RULE OR STATURE RELATED TO CLAIM OR PAYMENT RIGHTS FOR PERSONS IN THE UNDERSIGNED'S POSITION THAT THE UNDERSIGNED HAS ON THE JOB OF CR 512 PROJECT THIS WAIVER AND RELEASE COVERS ANY RETENTION OR LABOR, SERVICES, OR MATERIALS FURNISHED AFTER THE DATE SPECIFIED. DATED ON THIS 13TH DAY OF MARCH 2018 LIENOR'S NAME AND ADDRESS: BOB'S BARRICADES, INC. 921 SHOTGUN ROAD, SUNRISE, FL. 33326 BY: v — WjC&vb—"-�" G ED: KAYCE MCCANDLESS/ CREDITOR STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED BEFORE ME BY KAYCE MCCANDLESS, WHO IS PERSONALLY KNOWN TO ME ON THIS 13TH DAY OF MARCH 2018 -,s LYNDA PACETTI is Commission 9 FF 177305 My Commission Ey,,irt s May 28. 2013 SIGNATURE SEAL NOTE. THIS IS A STATUTORY FORM PRESCRIBED BY SECTION 713.20 FLORIDA STATUES 1996 (EFFECTIVE OCTOBER 1, 1996). A PERSON MAY NOT REQUIRE A LIEArOR TO FURNISHA WAIVER OR RELEASE OF LIEN THAT IS DIFFERENT FROM THE STATUTORY FOW 45 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for and in consideration of the payment of the sum of $0.00 paid by Timothy Rose Contracting Inc dated through Final Check No. N/A receipt of which is hereby acknowledged, Hereby releases and quit claims to the said party, its successors and assigns, and Indian River County ROCC , the Owner, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has or might have against the building on premises legally described as: CR 512 Westbound .resurfacing On account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. Nature of work: Road / Paving Construction Palmetto Prime of Tampa, Inc. 5423 N 59th St. Tampa, FI 33610 By: Jeff Willis Vice President State of Florida County of Hillsborough Sworn to and subscribed before me this.] 3th day of March , 2018 by Jeff Willis , who is personally known to me. M Commission e .r . it;vv KELLY KIMSEY c;x MY COMMISSION # GG.109427 rp 'o EXPIRES: September 30; 2021 :e..... Bonded mru Notary Publ c undervmiters `r a Notary PubliA State of Florida 46 d nreferred MATERIALS, INC. FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the _final payment in the amount of $131,903.53 hereby waives and releases its lien and right to claim a lien for labor, services of materials furnished to Timothy Rose Contracting to the following described property: County Road 512 Westbound/Eastbound Roseland Rd To US1 Indian River Brevard County, Florida Dated on 1 Y Ukr6) . 2018 Uenor's Name: Preferred Materials, Inc. 1806 33rd Street, STE 150 Orlando, FL 32839 By: 2-0. 6` Printed Nam TitleZ646,* tr` State of FloLida County of 'UM(1 e Swom to and subscribed beforle me thi 1 d y of �A(Y�tn 2018 Tamara Albright Notary Public: ��ty NOTARY PUBLIC My commission expir I (��• P'i STATE OF FLORIDA u , w Comm# GG141165 Expires 11/3/2021 NOTE.• This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 47 171045 WAIVER AND FINAL RELEASE The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases its lien right to claim a lien for labor services, or materials furnished to TIMOTHY ROSE CONTRACTING INC. to the following described property: CR 512 EASTBOUND RESURFACING FELLSMERE, FLORIDA Dated on: 3/12/18 SIBONEY CONTRATINC CO. & SIBONEY AGGREGATES, INC. By: G. Ortega — A/R- Coll. State of Florida County of Palm Beach Acknowledged before me this March 12, 2018 by G. Ortega and on behalf of Siboney Contractinp_ Co. & Siboney Aggregates Inc. and who is personally known to me. Notary Public Notary Seal/Commission Expires aq.KGs`µ= MYCOMMISSION #FlEF237030 eXt IRIS: September 30.2019 Bonded Thru Nolary Pubfic UnderYAM Note: This is a statutory form prescribed by Section 793.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 48 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (Section 713.20(5) Florida Statutes) This instrument Prepared by: KEVIN MARI-IN, CRt3t)IT MANAGER Ferguson Enterprises Inc., on its behalf and as an agent Jar its subsidiaries and alEliates Attn: Credit Dept 813-989-8778 7816 Profssional Place Tampa FL 33637 00125$56137 The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to TIM OTHY ROSE CONTRACTING INC (customer) on the job of INDIAN RIVER COUNTY (owner), to the following described property: CR 512 WESTBOUND RESURFACING ROSELAND ROAD TO US I, CR 512 EASTBOUND RESURFACING EASY STREET TO US I, BOND NUMBER 5582831, AND FURTHER DESCRIBED IN BOND RECORDED IN OR. BOOK 3022 PAGE 2373 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on MARCH 12, 2018 Fergttson Enterprises Inc., on its behalf and as an aeent for its subsidiaries and affiliates Attri C dit Dept 3-989-8778 7816 P ofessiona, 81Place Tamp- FL 63 By: KEVIN MARTIN, CREDIT MANAGER Before me, personally appeared, KEVIN M ART1N, CREDIT MANAGER, the of Ferguson Enterprises Inc., on its behalf, who produced as identification or is personally known to me, and who did take an oath, and acknowledged to and before me that he/she executed this instrument for the purposes therein expressed on be a of said entity, this :I2 day of M ARCH, 2018 ��:�ti69tly6is is 1, s s' :GpOg25? n` .� NO7gRr jp• ,r ftp. rn • v �p AVBLIc y; •:6L � s�'9 m'!?FF1421�'• �� �Rf Alb R�� V, k -- Notary Public; State of Florida My Commission Expires:. 49 TR& nnnaw UNCONDITIONAL FINAL WAIVER AND RELEASE OV LIEN 062-038819 The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to TIM ROSE CONTRACTING on the job of INDIAN RIVER COUNTY (owner), to the following described property: "CR 512 WESTBOUND RESURFACING ROSELAND ROAD TO US 1, CR 512 EASTBOUND RESURFACING EASY STREET TO US 1", BOND NUMBER 5582831, AND FURTHER DESCRIBED IN BOND RECORDED IN OR BOOK 3022 PAGE 2373 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on MARCH 12, 2018 CORE & MAIN LP FORMERLY HD SUPPLY WATERWORKS, LTD 1830. CRAIG PARK COURT SAINT LOUIS MO 63146 By: / J SHARNELL MERKLING CREDIT MANAGER Sworn to and subscribed before me this MARCH 12, 2018 „,.. , smciewswNns WCpMWISStON # GG 111710 �(pp2Eg; Qctobar 4, 2021 Baled r. t Signature of Notary Public Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known XX OR, Produced Identification N/A Type of Identification Produced N/A NOTE: This is a statutory form prescribed by section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to -furnish a waiver or release of lien that is different from the statutory form. 50 SUPPLIER WAIVER OF LIEN STATE OF: �L j COUNTY OF: 01� f eko e-� TO WHOM IT MAY CONCERN: Whereas the undersigned has bee �j employed by r � a 9V /C 0se- n iC, nl r ; (,� to furnish 644or f M4-��At� I for the premises known asjl. of which: is the owner. The undersigned, for and in consideration of 6 guy 4kl oaysA+� ($ �A j 7Q , Ob ) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknow�edgpd, do hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of/ , relating to Mechanic's liens, on the above described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the monies, funds or other considerations due or to become due from the owner, on account of labor services, material, fixtures, apparatus or machinery, furnished at anytime hereafter, by the undersigned for the above described premises. Please Check One: This Lien Waiver is considered full payment for the above mentioned project: '� L This Lien Waiver is considered a partial payment for the above mentioned project: 06 Job # Check # Name of Company Date Signature & Title Notary Seal SUBSCRIBED AND SWORN TO BEFORE ME THISy j day of (I t 20T Notary FU. 2.MY oM t SHORTER Commission Exp. I d, �a M)$SION # FFS70849 ao oaosa3 EXPIRES APM 01, 2020 F7a'ida t�lery8 t rrke, can 51 NY APpffc4 lM for CRa12 (RocebM to US I I R-fteiip IRC PROJECT NO. 1139 PaV App 8 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Rem No. LlesvlpOOA - UNfT qTY Unit Price Amount QUANTITY Amount QUANTITY Amount QUANTITY Amount STORED QUANTITY Amount 101-1 MOBILIZATION (INCLUDES PUBLIC CONSTRUCTION BOND) LS 1 265,145.00 265,145.00 1.00 265,145.00 0.00 1.00 265,145.00 0.00% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS 1 88,460.00 88,460.00 1.00 88,460.00 0.00 1.00 88,460.00 100.00% 0.00 0.00 0.00 102-14 TRAFFIC CONTROL OFFICER MH 40 60.00 2,400.00 95.00 5,700.00 0.00 95.00 5,700.00 237.50% 0.00 -55.00 -3,300.00 102-61 BUSINESS SIGNS EA 30 75.00 2,250.00 13.00 975.00 0.00 13.00 975.00 43.33% 0.00 17.00 1,275.00 102-99 PORTATBLE, CHANGEABLE MESSAGE SIGN (TEMP) ED 28 20.00 560.00 100.00 2,ODD.00 1 0.00 100.00 1 2,000.00 357.14% 0.00 -72.00 -1,440.00 10410.3 SEDIMENT BARRIER LF 36,435 1.40 53,009.00 16,300.00 22,820.00 0.00 16,300.00 22,820.00 44.74% 0.00 20,135.00 28,189.00 104-18 INLET PROTECTION SYSTEM EA 22 225.00 4,950.00 22.00 4,950.00 0.00 22.00 4,950.00 100.00% 0.00 O.OD 21.00 110-1-1 CLEARING AND GRUBBING LS 1 53,200.00 53,200.00 1.00 53,200.00 0.00 1.00 53,200.00 100.00% 0.00 0.00 0.00 1604 REFURBISHED STABILIZED SHOULDER,(LBR 40),(6- THICK) SY 16,625 3.10 51,537.50 16,402.26 50,847.01 0.00 16,402.26 50,847.01 98.66% 0.00 222.74 690.49 285-7 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE (WESTBOUND) SY 56,494 9.60 $42,342.40 55,245.58 530,357.57 0.00 55,245.58 530,357.57 97.79% 0.00 1,248.42 11,984.83 285-7A FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE (EASTBOUND) .SY 19,526 7.90 154,255.40 18,534.85 146,425.32 0.00 18,534.85 146,425.32 94.92% 0.00 991.15 7,830.08 300-1 ASPHALT EMULSION TYPE CSS -1h (QTY BASED ON 2.75 GAL/SY - PAYMENT WILL BE BASED ON ACTUAL QTY) GAL 177,007 2.12 375,254.84 175,692.00 372,467.04 0.00 175,692.00 372,467.04 99.26% 0.00 1,315.210 2,787.80 300-2 Per WCD No. 2 See Email approvals from FDOT TN 543 175.00 95,025.00 538.00 94,150.00 0.00 538.00 94,150.00 99.08% 0.00 5.00 875.00 327.706 MILLING EXISTING ASPHALT PAVEMENT (1-1/2" AVG DEPTH) SY 265 18.86 4,997.90 997.00 1 18,803.42 0.00 997.00 18,803.42 376.23% 0.00 -732.00 -13,805.52 . 3341-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC (1-3/4' THICK) TN 7,810 88.00 687,280.00 7,810.76 687,346.88 0.00 7,810.76 687,346.88 100.01% 0.00 -0.76 -66.88 337-742 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC C, FC 9.5 (1-1/4' THICK) PG 76-22, PMA TN 5,580 128.50 717,030.00 5,580.00 717,030.00 0.00 51580.00 717,030.00 100.00% 0.00 0.00 0.00 522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6' THICK SY 33 55.00 1,815.00 33.33 1,833.15 0.00 33.33 1,833.15 101.00% 0.00 -0.33 .18.15 527-2 DETECTABLE WARNINGS SF 1 60 36.011 2,160.00 32.00 1,152.00 0.00 32.00 1,152.00 53.33% 0.00 28.00 1,008.00 5701-2 PERFORMANCE TURF - SOD (BAHIA) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FOOT INDEX 105) SY 33,087 1.86 61,54192 54,472.00 101,317.92 0.00 54,472.00 101,317.92 164.63% 0.00 -21,385.00 -39,776.10 5701-2A PERFORMANCE TURF- SOD (ST. AUGUSTINE, FLORATAM) (INCLUDES GRADING AS NEEDED TO COMPLY WITH FOOT INDEX 105) SY 21,697 2.95 64,006.15 0.00 0.00 0.00 0.00 0.00 0.0096 0.00 21,697.00 64,006.15 6601-100 REMOVE INDUCTIVE LOOP DETECTORS (ROSELAND ROAD) PI 1 154.00 154.00 1.00 154.00 0.00 1.00 154.00 100.00% 0.00 .0.00 0.00 6604.11 VIDEO DETECTION SYSTEM - VIDEO, F&I, CABINET EQUIPMENT EA 2 7,885.00 15,770.00 2.00 15,770.OD 0.00 2.00 15,770.00 100.00% 0.00 0.00 0.00 660-4-12 VIDEO DETECTION SYSTEM - VIDEO, F&I, ABOVE GROUND EQUIPMENT EA 8 1 6,116.00 48,928.00 8.00 48,928.00 1 OAO 8.00 48,928.00 1OO.OD% 0.00 0.00 0.00 6705-111 TRAFFIC CONTROLLER ASSEMBLY W/CABINET(DELAWARE AVENUE) EA 1 25,278.00 1 25,278.00 1.00 25,278.00 0.00 1.00 25,278.00 100.00% 0.00 0.00 0.00 6705-600 REMOVE CONTROLLER AND CABINET(DELAWARE AVENUE) EA 1 473.00 473.00 1.00 473.00 0.00 1.00 473.00 100.00% 0.00 0.00 0.00 7001-11 SINGLE POST SIGN, F&I, GROUND MOUNT, UP TO 125F AS 37 233.00 8,62L00- 37.00 8,621.00 0.00 37.00 8,621.00 100.00% 0.00. 0.00 0.00 706-3 Q EA 1,040 3.60 3,744.00 1,040.OD 3;V44A0 0.00 1,040.00 3,744.00 100.00% 0.00 0.00 0.00 Pay AppftWbn fm CR512 (RosehM to US 11 ReaoRaeMg IRC PROJECT NO.1139 Pav Ann R 53 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Hem No. oaalpua+ UNIT QTY Unit Price Amount QUANTIFY Amount CtUANTrtY Amount -- QUANTITY Amount - - STORED QUANTITY Amount 7063A R.P.M. BI-DIRECTIONAL AMBER/AMBER EA 110 3.60 396.00 120.00 432.00 0.00 120.00 432.00 109.09% 0.00 -10.00 36.00 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF 2,818 1.57 4,424.26 2,818.00 4,424.26 0.00 2,818.00 4,424.26 100.00% 0.00 0.00 0.00 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" LF 308 2.36 72688 308.00 726.88 0.00 308.00 726.88 100.00% 0.00 0.00 0.00 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 917 3.16 2,897.72 917.00 2,897.72 ODD 1 917.00 2,897.72 100.00% . 0.00 0.00 0.00 711-11-160 THERMOPLASTIC, PAVEMENT MESSAGE ("ONLY") EA 6 138.00 828.00 2.00 276.00 0.00 2.00 276.00 33.33% 0.00 4.00 552.00 711-11-160A THERMOPLASTIC, PAVEMENT MESSAGE ("SCHOOL") EA 4 203.00 812.00 4.00 812.00 0.00 4.00 81200 100.00% 0.00 0.00 0.00 711-11-1608 THERMOPLASTIC, PAVEMENT MESSAGE ("RR CROSSING") EA 5 203.00 1,015.00 5.00 1,015.00 0.00 5.00 1,015.00 100.00% ODD 0.00 0.00 711-11-160C THERMOPLASTIC, PAVEMENT MESSAGE (HELMETED BICYCLE SYMBOL AND BIKE LANE ARROW) EA 30 247.00 7,410.00 30.00 7,410.00 0.00 30.00 7,410.00 100.00% 0.00 0.00 0.00 711-11-170 THERMOPLASTIC, WHITE ARROWS EA 56 71.50 4,004.00 SO.00 3,575.00 0.00 50.00 3,575.00 89.29% 0.00 6.00 429.00 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL OR CHEVRON LF 13 2.37 30.81 13.00 30.81 0.00 13.00 1 30.81 100.00% 0.00 0.00 0.00 711-16101 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" LF 22,992 0.79 18,163.68 23,369.00 18,461.51 0.00 23,369.00 18,461.51 101.64% 0.00 -377.00 -297.83 711-16.122 THERMOPLASTIC, STANDARD, WHITE, SOLID, 8" LF 405 0.88 356.40 405.00 356.40 0.00 405.01) 356.40 100.00% O.OD 0.00 0.00 711-16-131 THERMOPLASTIC, STANDARD, WHITE, SKIP, 6',101- 30' LF 17,260 0.36 6,213.60 17,260.00 6,213.60 0.00 17,260.00 6,213.60 100.00% 0.00 0.00 0.00 711-16-141 THERMOPLASTIC, STANDARD, WHITE, SKIP, DOTTED/GUIDELINE/6'- 10' GAP EXTENSION, 6" LF 2,294 0.36 825.84 2,294.00 825.84 1 0.00 2,294.00 825.84 100.00% 1 0.00 0.00 0.00 711-16-141A THERMOPLASTIC, STANDARD, WHITE, SKIP 6",2'-4' LF 2,742 0.36 987.12 2,742.00 987.12 0.00 2,742.00 987.12 100.00% 0.00 0.00 0.00 711-16.221 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" LF 20,926 0.79 16,531.54 21,298.00 16,825.42 0.00 21,298.00 16,825.42 1OL78% 0.00 -372.00 -293.88 711-16-231 THERMOPLASTIC, STANDARD, YELLOW, SKIP, 6',6' - 1. LF 156 0.36 56.16 156.00 56.16 0.00 156.00 56.16 100.00% 0.00 0.00 0.00 FORCE ACCOUNT O SUB TOTAL SUBTOTAL 3,393,867.02 70,0 0.00 SUBTOTAL 3,333,274.02 SUBTOTAL 0.00 SUBTOTAL 3,333,274.02 SUBTOTAL 0.00 SUBTOTAL 60,593.00 94,838.36 WCO2 OIL CREDIT/CEMENT CREDIT NET -2,321.64 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 WCD 1 NON PARTICIPATING 1 2,840.00 2,840.00 1-00 2,840.00 0.00 1.00 2,840.00 300.00% 0.00 0.00 WCD 3a East Bound Ditch - East of 5 Wimbrow (Partial Billing) 1 24,546.01 - 24,546.00 1.00 24,546.00 0.00 1.00 24,546.00 100.0096 1.00. 0.00 WOO 3b East Bound Ditch -East of S Wimbrow (Balance Billing) 1 2,584.00 2,584.00 1.00 2,584.00 0.00 1.00 2,584.00 100.0096 1.00 0.00 SUBTOTAL27,648.36 1 29,970.00 29,970.00 0.00% 0.00 TOTAL TOTAL 3,491,545.38 TOTAL 3,363,244.02 --TOTAL 0.00 TOTAL 3,363,244.02 TOTAL 0.00 TOTAL 155,431.36 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT O% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $3,363,244.02 $3,363,244.02 $0.00 $3,363,244.02 $3,195,081.82 $168,162.20 53 SECTION 00942 - Change Order Form No. 1 FINAL DATE OF ISSUANCE: 9/1812018 EFFECTIVE DATE:9/18/2018 OWNER: Indian River County CONTRACTOR TIMOTHY ROSE CONTRACTING, INC. Project: CR512 WESTBOUND RESURFACING (ROSELAND ROAD TO USI) AND CR512 EASTBOUND RESURFACING (EASY STREET TO USI) OWNER's Project No. 1139 OWNER'S Bid No. 2017034 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachment: Description of Itemized Changes (Detailed backup for all changes is on rile and available for viewing in the County Engineering Division.) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $3.491.545.38 Net decrease of this Change Order: $128.301.36 Contract Price with all approved Change Orders: $3.363.244.02 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days/dates) Substantial Completion: 150 -10/26/2017 Final Completion:11/25/101 Z Net Increase this Change Order: (days) Substantial Completion: -4-6- 6Final FinalCompletion: 46 Contract Time with all approved Change Orders: (days/ dates) Substantial Completion: 196-12111/2017 Final Completion: 26 - 1/10!2018 Date: APPROVED: By: OWNER Date: IRC -1139 FCO 20180517 00942-1 FAPubRC W0ftTNGINEERING DIVISION PROJECTSI1139-CR 512 Wbnd Resurtadng-Roseland Rd to US 1SCOPt1•Admin%genda IlemMNAI CIOSEOIJi1tRC- 1139 FCO 20MOSI .doo Rev. 05101 54 a CHANGE ORDER NO. I - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: CR512 (WEST BOUND) ROSELAND RD TO US I RESURFACING (SCOP) I.R.C. PROJECT NO. 1139 BIDNO.2017034 FMNo, 431160-1-54-01 I A 55 77, --6iliko a Pride 6re 102-14 TRAFFIC CONTROL OFFICER MH 55 60.00 3,300.00 102-99 PORTABLE, CHANGEABLE MESSAGE SIGN (TEMPI ED 72 20.00 1,440,00 327-70-6 IMILLING EXISTING ASPHALT PAVE MENT (I-Iff-AW DEPTH) BY 732 1e.80 13.805.52 334-143 SUPERPAVE ASPHALTIC CONCRETE, TRAFFICfl-3/4"THICK) TN 0.76 80.00 60.68 522-2 CONCRETE SIDEWALK AND DRI YS 6° THICK SY 0.33 65.0D 18.15 - 570-1-2 PERFORMANCE TURF-SOD(BAHIA)(INICLUDEG GRADING AS NEEDED TO COMPLY WITH FOOT INDEX 1051 211,385 1.80 39,776.10 - 700-3A FLP.M. BI-DIRECTIONALAMBERIAMBER _SY EA 10 3.60 35.00 711-I6-101 THERMOPLASTAC, STANDARD, wmrrE, SOLID, (r LF 377 0.79 297.83 711-16-221 THERMOPLASTIC, STANDARD, YELLOW. SOLID, tr LF 372 0.79 203.88 WCD i NON PARTICIPATING 1 2,840.00 2.840.00 WCO 2 OIL CREDIT I CEMENT CREDIT 1 2.321.64 2.321.64 WCD 3A FAST BOUND DITCH -EAST OF WIMBROW (PARTIAL BILLING) 1 24.546.00 24.646.00 WCD 3B EAST BOUND DITCH -EAST OF WI BROW (BALANCE BILLING) i 2,594.00 2,584.00 - 10201 BUSINESS SIGNS EA 117 75.00 1.276.00 104-10-3 ISEDIMENT BARRIER LF 1 20.135 JAO 28,189.00 - 160A REFURBISHED STABILIZED SHOULDER ALDR40),WTHICK SY 222.74 1 3.10 690A9 - 285-7 FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE (WEST BOUND I _ SY 1,248,42 9.60 11,984.83 285-7A FULL DEPTH RECLAMATION BITUMINOUS ASPHALT BASE COURSE EASTBOUND SY 991215 7.90 7,830.09 300-11 ASPHALT EMULSION TYPE CSS -1H ( CITY BASED ON 2.76 GAUSY-PAYMENT WILL BE BASED ON ACTUAL CITY I GAL 1.315 2J2 1. 2.787.80 300-2 PER WCD NO.2 SEE EMAIL APPROVALS FROM FOOT TN 5 1 175.00 875.00 527-2 DETECTABLE WARNINGS SF 28 36.00 1,008.00 570-1-2A PERFORMANCE TURF- SCO(ST.AUGUS-nNE,FLORATAM)(INCWDES GRADING AS NEEDED TO COMPLY WITH FOOT INDEX 105) SY 21,897 2.95 64.0011115 711-11-16G THERMOPLASTIC, PAVEMENT MESSAGE ONLY I EA 4 1138,00 652.00 711-11-170 THERMOPLASTIC, WHITE ARROWS EA 6 71.60 429,00 FORCE ACCOUNT 1 100 OOO.OD 100,000.00 SUBTOTALSI I 1 1 91,326.00 F219,627.36 CR512 (WEST RIND) ROSELAND RD TO US I RESURFACING TOTAL $ (128,301.36) I A 55 INDIAN RIVER COUNTY, FLORIDA INTEROFFICE MEMORANDUM Assistant County Administrator / Department of General Services Date: September 7, 2018 To: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager Subject: Jones' Pier Conservation Area Public Use Improvements — Amendment Number 1 to MBV Work Order #5 for Jones' Pier Conservation Area (FTC No.: 05 -039 -FF) — New Pavilion & Restroom Building Architectural Services DESCRIPTIONS AND CONDITIONS: On May 9, 2017, the Board approved Work Order No. 5 for MBV Engineering, Inc. to complete Site Plan, Design and Permitting for the public use improvements planned for the Kroegel Homestead, Hallstrom Farmstead and Jones' Pier Conservation Areas. These public use improvements include amenities that are required as part of the management plan approved by the Florida Communities Trust (FCT). The scope of services under this work order include site planning, design and permitting for pedestrian paths, parking, restrooms, water and sewer utilities, existing driveway modifications, site drainage with swales and culverts, sidewalks and ADA access to bathroom facilities for each of these conservation areas. Work Order No. 5 was issued at $65,850 of which $28,250 is allocated to the Jones' Pier Conservation Area ("JPCA") public use improvements. To date, there have been no change orders to Work Order No. 5. The JPCA has received an Environmental Resource Permit (ERP) for construction of Phase 1 of the project, which includes the parking lot, restroom, pavilion and associated infrastructure. The County anticipates receiving Phase 1 permit approvals from the U.S. Army Corps of Engineers (USACE) by mid-September. During initial site design, staff and engineers planned to utilize two separate pre -fabricated facilities on the site which would not require design and engineering services, however, after completing the site plan, it was determined that a single pavilion/restroom structure would be better suited to the site due to limited space. Pre -fabricated facilities that join pavilions with restrooms are generally geared toward active sport facilities such as ballfields and such designs are not aesthetically consistent with the historical nature of the property. Generally pre -fabricated facilities are substantially higher lump sum cost than construction of a custom designed and engineered building. In addition, there would be substantial cost incurred for transportation of the facilities to the site. Staff has coordinated with MBV to provide an addendum to the Scope of Work which will provide custom architectural and engineering design services for the restroom/pavilion to be situated within the pre- determined location on the engineered site plan which is approximately 90% complete. In addition, the addendum to the work order includes added scope for the engineer to include the design and engineering required to install a new fire hydrant to be located within 500 feet of the new facilities in accordance with 56 the Fire Code. The additional cost associated with the Amendment to Work Order No. 5 is $24,840 for a cost of $53,090 for the Jones' Pier Conservation Area and $90,690 total (for the three sites). FUNDING: Funding will be provided through capital improvement account established for the Jones' Pier Conservation Area Public Use Improvements. —F— MSTU Fund/Parks/Jones Pier Improvements 00421072-066510-18010 $24,840.00 RECOMMENDATION: Staff recommends approval of Amendment Number 1 to MBV Work Order:#5 for Jones' Pier Conservation Area (FTC No.: 05 -039 -FF) — New Pavilion & Restroom Building Architectural Services. ATTACHMENT: MBV Engineering, Inc. Amendment Number 1 to Work Order Number 5 57 AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 5 Indian River County Conservation / Public Access for Jones Pier — (FTC No.: 05 -039 -FF) New Pavilion and Restroom Building Architectural Services This Amendment 1 to Work Order Number 5 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17' day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV Engineering, Inc. By: de—A-4— Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 58 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to construct an approximately 1,040 SF open pavilion with bathrooms at the Jones Pier Historic parcel located at 7770 Jungle Trail, Vero Beach, FL. The proposed improvements will consist of architectural design services, survey services and civil coordination for the design, permitting and CA services for the structures. As such, Donadio & Associates, Architects, P.A. will be retained by MBV Engineering, Inc. to provide the necessary architectural design services for the pavilion and bathroom structure and as further described below in the Scope of Services. MBV Engineering, Inc. will provide the necessary project oversight, additional civil coordination and plan revisions for the watermain as necessary to support the architectural plans development and permitting of this structure. A description for each service is provided in below in further detail. Design Services 1. Architectural Design • Establishment of design criteria for the development of the proposed new 1040 SF Pavilion. • On-site visit for field verification of the existing site conditions. • Preparation of architectural construction documents consisting of floor plans, elevations, roof plans and details, life safety plan, code review, schedules, general/construction details, notes and specifications. • Coordination with MEP and Structural. • Coordination with Owners Civil Engineer. • Preparation of Documents for Building Permit Submittal. • Responding to Building Permit review comments. • Preparation of (1) Cost Estimate for each building 2. Mechanical / Electrical Engineering (MEP) Design • Coordination with Donadio & Associates, Architects, P.A. • Establish design criteria for ventilation, electrical and plumbing. • Construction documents and specifications for electrical and plumbing, which include but are not limited to: floor plans, schedules, electrical and plumbing risers, electrical panels, reflected ceiling plans, details, etc. • Utility coordination for new electrical service. • Preparation of Documents for Building Permit Submittal. • Responding to Building Permit review comments. 3. Structural Design • Coordination with Donadio & Associates, P.A. • Establish structural design criteria • Review of soil investigative reports as provided by Owner. • Design and preparation of the following: o Foundation plans and sections based on a conventional shallow foundation system with a minimum allowable soil bearing pressure of 2,000 psf. o Roof framing plan and sections. o Wind design pressures. • Structural specifications in short format on plans. 59 • Building and Wall Sections, Roof Framing Plans, Details and Specifications. • Preparation of Documents for Building Permit Submittal. • Responding to Building Permit review comments. 4. Civil Design and Oversight Consultant will provide design services to support Architect in development of structures as stated under Task 2. Items associated with this task are listed below: • Coordination with project Architect and MEP • Coordination with IRC Parks Division • (1) Revision to previously designed Civil documents for relocation and / or reorientation of open pavilion / restroom building should Architect and IRC Parks Division deem appropriate • Modification to Civil documents to incorporate off-site 6" Watermain, design and Fire Hydrant and Fire Hydrant permitting • Provide overall project oversight throughout project timeline • Bidding Assistance and Coordination This Work Order assumes the proposed pavilion structure will be in conformance with the pavilion structure as depicted in the Phase I Civil documents and not increase in size by more than 15%. The Consultant will not be responsible for any permit fees associated with the project. 5. Surveying and Mapping Services Route Survey of a portion of the east side of Jungle Trail and the north side of Morningside Drive/77th Place along Lots 1, 3, 5, 7, 9 and 11, Riverside Estates Sub (PB15-50) as shown on furnished sketch: Establish Horizontal and Vertical Control; Establish Subdivsion control; establish east right of way of Jungle Trail and north right of way/south lot lines of Morningside Drive (along lots list previously); observe topographic features, improvements, trees and vegetation in this area from centerline of road to 20± feet north; locate well, water service (if visible) for each residence and identify house number 6. County Reviews The Consultant will coordinate with the COUNTY staff during design development and conduct reviews at 30, 60 and 90 completion phases. COUNTY Parks Division staff shall provide review comments to Consultant in order for Consultant to be able to incorporate into the design plans package. 7. Construction Cost Estimate The Consultant will prepare one Conceptual Cost Estimate to assist COUNTY with preliminary budget assistance. 60 BIDDING PHASE The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Documents for Bidding • Attendance at Pre -Bid Meeting and Pre -Construction Meeting All construction specifications will be on the applicable plans in lieu of specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. CONSTRUCTION PHASE The Consultant will provide the following scope of services during the construction phase: Architecture • Shop Drawing review of Architectural items • Response to Request for Information • (2) visits during construction MEP • Shop Drawing review of MEP items • Response to Request for Information • (2) visits during construction Structural • Shop Drawing review of Structural items • Response to Request for Information • (5) visits during construction DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 11" x 17" and 24" x 36" formats of the plans • One (1) electronic version of the plans in pdf format • Technical responses for one (1) addenda, as required for clarifying responses from the pre-bid meeting 61 EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee 1. Architecture Design $ 7,000 2. MEP Design $ 2,250 3. Structural Design $ 4,000 4. Civil Design and Oversight $ 4,750 5. Surveying and Mapping $ 2,740 Bidding Phase $ 500 Construction Phase Architecture $ 1,800 MEP $ 450 Structural $ 1,350 Amendment 1 Total $ 24,840 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit -ready Design Plans 0 Addressing of Permit Agency Comments 45 days from NTP 14 days from receipt of comments 62 BA7. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Manuel Cabo, Telecommunications Manager SUBJECT: One -Year Extension of Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements (Bid 2017057) DATE: September 6, 2018 DESCRIPTION AND CONDITIONS On October 1, 2017, Indian River County entered into Contract Agreements DraftPros, LLC, dba DraftPros, Inc. and Gerelcom, Inc.; Danella, Inc.; and Universal Cabling Systems, Inc. for as needed telecommunications system equipment, maintenance and installation. The Agreements include provisions for two (2) one-year extensions upon Board approval. The current contracts will expire on September 30, 2018. Public Works is requesting to implement the first extension of the Contract Agreements for the period from October 1, 2018 to September 30, 2019. FUNDING Funding for work under this award will come from multiple sources, based on project and associated County Department. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the extension of the Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreements and authorize the Chairman to execute the extensions after review and approval by the County Attorney as to form and legal sufficiency and after any updated insurance has been received and approved. ATTACHMENTS First Extension Danella, Inc. First Extension DraftPros, Inc. First Extension Gerelcom, Inc. First Extension Universal Cabling Systems, Inc. APPROVED AGENDA ITEM FOR SEPTEMBER 18, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 63 8\@BCL@DCOD277D\@BCL@DCOD277D.doc FIRST EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND DANELLA, INC. THIS FIRST EXTENSION of the Telecommunication System Equipment, Maintenance and Installation Agreement by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Danella, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on October 1, 2017, the Parties entered into the Telecommunication System Equipment, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the First Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: The Agreement between the Parties is hereby extended from October 1, 2018 to September 30, 2019 IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this First Extension this _ day of 2018. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: Danella, Inc. By: Printed Name: Title: (CORPORATE SEAL) Witness: Approved: By: Jason E. Brown, County Administrator 64 FIRST EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND DRAFTPROS, INC. THIS FIRST EXTENSION of the Telecommunication System Equipment, Maintenance and Installation Agreement by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and DraftPros, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on October 1, 2017, the Parties entered into the Telecommunication System Equipment, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the First Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: The Agreement between the Parties is hereby extended from October 1, 2018 to September 30, 2019 IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this First Extension this _ day of , 2018. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: DraftPros, Inc. By: Printed Name: Title: Witness: Approved: By: (CORPORATE SEAL) Jason E. Brown, County Administrator 65 FIRST EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND GERELCOM, INC. THIS FIRST EXTENSION of the Telecommunication System Equipment, Maintenance and Installation Agreement by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Gerelcom, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on October 1, 2017, the Parties entered into the Telecommunication System Equipment, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the First Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: The Agreement between the Parties is hereby extended from October 1, 2018 to September 30, 2019 IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this First Extension this _ day of 2018. OWNER: CONTRACTOR: INDIAN RIVER COUNTY, FLORIDA, BOARD Gerelcom, Inc. OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney By: Printed Name: Title: Witness: Approved: By: (CORPORATE SEAL) Jason E. Brown, County Administrator 66 FIRST EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND UNIVERSAL CABLING SYSTEMS, INC. THIS FIRST EXTENSION of the Telecommunication System Equipment, Maintenance and Installation Agreement by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Universal Cabling Systems, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on October 1, 2017, the Parties entered into the Telecommunication System Equipment, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the requirements for an extension have been satisfied and, the Parties desire to execute the First Extension to the Agreement. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: The Agreement between the Parties is hereby extended from October 1, 2018 to September 30, 2019 IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this First Extension this _ day of , 2018. OWNER: INDIAN RIVER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney CONTRACTOR: Universal Cabling Systems, Inc. By: Printed Name: Title: Witness: Approved: By: (CORPORATE SEAL) Jason E. Brown, County Administrator 67 9.4d. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: 27th Avenue at 211t Street SW Intersection/Signalization Improvements Release of Retainage and Change Order No. 1 IRC -1643 DATE: September 5, 2018 DESCRIPTION AND CONDITIONS On October 2, 2017, the Board of County Commissioners awarded Bid No. 2017063 to Traffic Control Devices, Inc. in the amount of $610,610.00 for the, construction of traffic signals and associated improvements at the intersection of 27th Avenue and 211t Street SW. Change Order No.1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $22,816.25, for a final cost of $587,793.75. Traffic Control Devices, Inc. has completed the project and has been paid $513,033.91 with $27,001.79 held in retainage to date. Traffic Control Devices, Inc. has submitted Contractor's Application for Payment No. 6 for final payment in the amount of $47,758.05, and release of retainage in the amount of $27,001.79, for a total of $74,759.84. Once the final releases of lien from all subcontractors have been received, reviewed and approved by County staff, payment will be processed. FUNDING Funding is budgeted and available from: Traffic Impact Fees/District 3 Account No. 10215341-066510-17002 21St St SW & 27th Ave Intersection $47,758.05 Traffic Impact Fees/District 3/Retainage Account No. 102-206000-17002 21St St SW & 27th Ave Intersection $27,001.79 C:\Users\legistar\AppDataU.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@2COE7ADl\ a BCL@2COE7ADl.doc Page Two 27th Avenue at 2111 Street SW Intersection/Signalization Improvements BCC Agenda 9/18/2018 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 6 to Traffic Control Devices, Inc. in the amount of $74,759.84 for final payment and release of retainage. ATTACHMENTS 1. Contractor's Application for Payment No. 6 2. Change Order No. 1 APPROVED AGENDA ITEM FOR September 18, 2018 69 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2COE7ADl\@BCL@2COE7ADI.doe SECTION 00622 - Contractor's Application for Payment 27TH AVENUE AT 21ST STREET SW INTERSECTION/SIGNALIZATION IMPROVEMENTS Application for Payment No. 6 For Work Accomplished through the period of 6/18/18 through 8/18/18 To: Indian River County (OWNER) From: Traffic Control Devices, Inc. (18012) (CONTRACTOR) Bid No.: 2017063 Project No.: IRC -1643 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $610.610.00 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $610.610.00 4. Total completed and stored to date: $587,793.75 5. Retainage (per Agreement): 0% of completed Work: $ % of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): $587.793.75 7. Less previous Application for Payments: $513.033.91 8. DUE THIS APPLICATION (6 MINUS 7): $74.759.84 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractor's Application for Payment - 03-10 rev (002) 00622-1 7p F:\Public Works\ENGINEERING DNISION PROJECTS11643 27th Ave at 21st St SW Signalization ImprovemenlsW-Construction\Contractor Pay AppsTinal Pay App100622 - Contractor's Application for Payment - 0310 rev (002).doc Rev. 05101 IRC PROJECT NO. 1643 Pay App 6 71 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No. MOBILIZATION 1 LS 22,500.00 22,500.00 0.85 19,125.00 0.15 3,375.00 1.00 22,500.00 100.00% 0.00 0.00 0.00 101-1 MAINTENANCE OF TRAFFIC 1 LS 28,468.00 28,468.00 0.85 24,197.80 015 4,270.20 1.00 28,468.00 100.00% 0.. 0.00 0.00 102-1 TRAFFIC CONTROL OFFICER (OFF-DUTY LAW 40 MH 69.00 2,760.00 0.00 0.00 1,380.00 20.00 1,380.00 50.00% 1 20. 1,380.00 102-14 ENFORCEMENT) INLET PROTECTION SYSTEM (SEDIMENTATION 5 EA 57.50 287.50 5.00 287.50 0.00 5.00 287.50 100.00% 00 0.00 0.00 104-18 CONTROL) CLEARING & GRUBBING 1 LS 11,500.00 11,500.00 1.00 11,500.00 0.00 1.00 11,500.00 100.00% Oxo 0.00 0.00 110-1-1 REMOVE EXISTING CONCRETE SIDEWALK 106 SY 28.75 3,047.50 106.00 3,047.50 0.00 106.00 3,047.50 100.00% 0.00 0.00 110-4 EMBANKMENT FILL 9 CY 23.00 207.00 9.00 207.00 0.00 9.00 207.00 100.00% 0.00 0.00 120.6 MILLING EXISTING ASPHALT PAVEMENT (1-1/4"AVG. 2.965 SY 11.00 32,615.00 2,965.00 32,615.00 0.00 2,965.00 32,615.00 100.00% 0.00 0.00 327-701 DEPTH) SUPERPAVE ASPHALTIC CONCRETE TYPE SP -9.5 2,965 Sy 16.25 48,181.25 2,965.00 48,1 81.25 0.00 2,965.00 48,181.25 100.00% 0.00 0.00 134-1 (TRAFFIC C) (1-114-) INLET STRUCTURE (ADJUST) I EA 4,025.00 4,025.00 0.00 0.00 1.00; 4,025.00 1.00 4,025.00 100.00% 0.00 j 0.00 0.00 425-1-1555 CONCRETE CURB AND GUTTER (TYPE F) is LF 34.50 517.50 21.00 724.50 0.00 21.00 724.50 140.00% -6.00 -207.00 520-1-10 CONCRETE SIDEWALK W1 FIBER MESH (V' THICK) 163 BY 57.50 9,372.50 183.00 10,522.50 0.00 183.00 10,522.50 112.27% -20.00 -1,150.00 522,2 PERFORMANCE TURF -SOD (BAHIA) (INCLUDES: TOP 233 SY 16.25 3,786.25 0.00 0.00 3,786.25 233.00 3,786.25 100.00% �,:'O 00 0.00 0.00 570-1-2 SOIL, FERTILIZER, AND WATERING) CONDUIT, FURNISH & INSTALL, OPEN TRENCH 2.995 LF 9.55 28,602.25 2,400.00 22,920.00 0.00 2,400.00 22,920.00 80.13% 595.00 5,682.25 630-2-11 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE 640 LF 23.00 14,720.00 640.00 14,720.00 0.00 640.00 14,720.00 100.00% .00:-.;' 0.00 0.00 6302-12 SIGNAL CABLE, FURNISH & INSTALL 1 PI 6.676.00 6,676.00 1.00 6,676.00 0.00 1.00 6,676.00 100.00% 0.00 0.00 0.00 632-7-1 1 PULL & SPLICE BOX, FURNISH & INSTALL, 13"x24" 21 EA 650.00 13,650.00 21.00 13,650.00 0.00 21.00 13,650.00 100.00% :06::: 0.00 0.00 635-2-11 COVER Q PULL & SPLICE BOX, FURNISH & INSTALL, 24-46" 7 EA 1,028.00 7,196.00 7.00 7,196.00 0.00 7.00 7,196.00 100.00% 0.00 0.00 0.00 635-2-12 COVER ELECTRICAL POWER SERVICE, F & 1, UNDERGROUND 1 AS 2,358.00 2,358.00 1.00 2,358.00 •0.00 1.00 2,358.00 100.00% 0.00 0.00 6351-121 (METER FURNISHED BY POWER COMPANY) SIGNALS, ELECTRICAL SERVICE WIRE 500 LF 3.61 1,805.00 500.00 l'gOS.00 0.00 500.00 1,805.00 100.00% 0.00 0.00 639-2-1 F - SIGNALS, ELECTRICAL SERVICE DISCONNECT, F & 1. 2 EA 914.00 1,828.()0 1.00 914.00 0. OD 1.00 914.00 50.00% -:IOR :�i 1. 1.00 914.00 639 -3-11 POLE MOUNT P. PRESTRESSED CONCRETE POLE, F & I TYPE P-11 1 EA 1,699.00 1,699.00 1.00 11699.00 0.00 1.00 1,699.00 100.00%0:000 0.0 0.00 641-2-12 SERVICE POLE ALUMINUM SIGNAL POLE, F & 1, PEDESTAL 6 EA 1,407.00 8,442.00 6.00 8,442.00 0.00 6.00 8,442.00 100.00% 0.00 0.00 646-1-11 LUMINAIRE FOR MAST ARM ASSEMBLY 4 EA 1,305.00 5,220.00 4.00 5,220.00 oloo 4.00 5,220.01 1LO00.00% 0.00 0.00 649-20 STEEL MAST ARM ASSEMBLY, F & 1, SINGLE ARM 40- 2 EA 35,796.00 71,592.00 2.00 71,592.00 0.00 200 71,592.00 100.00; 0-00 0.00 649-21-3 71 IRC PROJECT NO 1643 Pay App 6 72 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No.liANi TITS' STEEL MAST ARM ASSEMBLY, F & 1, SINGLE ARM 60- 1 EA 47,881.00 47,881.00 1.00 47,981.00 .. .... .... 0.00 1.00 47,881.00 100.00% '::: 11W 0.00 0.00 649-21-10 . STEEL MAST ARM ASSEMBLY, F & 1, SINGLE ARM 78' 1 EA 57,065.46 57,055.45 1.00 57,055.45 0.00 1.00 57,055.45 100.00% 0,00 0-00 oloo 649-21-21 TRAFFIC SIGNAL, F & 1, ALUMINUM, 3 SECTION, 1 WAY 4 AS 900.00 3,600.00 4.00 3,600.00 0.00 4.00 3,600.00 100.00%0:00 0.00 0.00 650-1-14 TRAFFIC SIGNAL, F & 1, ALUMINUM, 5 SECTION 4 AS 1,200.00 4,800.00 4.00 4,800.00 0.00 4.00 4,800.00 100.00% 0.00 0.00 0.00 650-1-18 STRAIGHT. 1 WAY q PEDESTRIAN SIGNAL, F & 1, LED COUNTDOWN. I WAY 8 AS 575.00 4,600.00 8.00 4,600.00 0.00 8.00 4,600.DO 100.OD% 000: 0.00 0.00 653-1-11 VEHICLE DETECTION SYSTEM - VIDEO, F & 1, CABINET I EA 7,414.00 7,414.00 1.00 7,414.00 0.00 1.00 7,414.00 100.00% 0.00 0.00 0.00 680-4-11 EQUIPMENT VEHICLE DETECTION SYSTEM - VIDEO, F & 1, ABOVE 4 EA 6,083.00 24,33100 4.00 24,332.00 �:.. , 0.00 4.00 24,332.00 100.00% om� 0.00 0.00 660-4-12 GROUND EQUIPMENT � .. PEDESTRIAN DETECTOR, F & 1, STANDARD 8 EA 155.00 1,240.00 8.00 1,240.00 0.00 8.00 1,240.00 100.00% 0-00 0.00 0.00 665-1-11 TRAFFIC CONTROLLER ASSEMBLY, F & 1, NEMA I AS 24,333.00 24,333.00 1.00 24,333.00 0.00 1.00 24,333.00 100.00% ":0.80 0.00 0.00 670.5-110 ITS CCTV CAMERA, FURNISH ONLY, DOME ENCLOSURE 2 EA 5.311.00 20,622.00 2.00 10,622.00 0.00 2.00 10,622.00 100.00% 0.00 0.00 0.00 682-1-133 NON -PRESSURIZED, IP, HIGH DEFINITION MANAGED FIELD ETHERNET SWITCH, F & I I EA 3,235.00 3,235.00 1.00 3,235.00 0.00 1.00 3,235.00 100.00% 0.00 0.00 684-1-1 UNINTERUPTABLE POWER SUPPLY, F 81, LINE 1 EA 6,662.00 6,662.00 1.00 6,662.00 0.00 1.00 6,662.00 100.00% 0.00 0.00 0.00 685-1-13 INTERACTIVE WITH CABINET SINGLE POST SIGN (REMOVE) 4 EA 2,450.00 9,800.00 0.00 0.00 4. 91800.00 4.00 91900.00 100.00% 0.00 0.00 0.00 700-1-60 INTERNALLY ILLUMINATED SIGN, F & I, OVERHEAD 4 EA 62.05 248.20 4.00 248.20 0.00 248.20 100.00% 0. O :� 0.00 0.00 700-5 -22 MOUNT, NT, 12-18 SF RETRO -REFLECTIVE PAVEMENT MARKERS MONO 22 EA 5.75 226.50 0.00 0.00 noo 126.50 22.00 126.50 100.00% 0.00 0.01) 0.00 706-3 DIRECTIONAL WHffE/RED D RETRO -REFLECTIVE PAVEMENT MARKERS 81 311 EA 5.75 1,789.25 0.00 0.00 :il 1,788.25 311.00 1,788.25 100.00% 0.00 oloo 706-3A DIRECTIONAL D .00 DIRCTIONAL ARROWS (THERMOPLASTIC) (WHITE) is EA 86.25 1,293.75 0.00 0.00 Ism 1,293.75 15.00 1,293.75 100.00% 0.00 0.00 0.00 711-4 SOLID TRAFFIC STRIPE (V) (THERMOPLASTIC) (WHITE) 946 LF 1.15 1,087.90 0.000.00 946.00 1,087.90 946.00 1,087.90 100.00% 0.00 0.00 711-11-101 . . - SOLID TRAFFIC STRIPE (12-) (THERMOPLASTIC) (WHITE) 512 LF 3.45 1,766.40 0.00 0.00 5121)0:: 1,766.40 512.00 1,766.40 100.00% 0,00 0.00 0.00 711-11-123 SOLID TRAFFIC STRIPE (24-) (THERMOPLASTIC) (WHITE) 155 LF 5.75 891.25 0.00 0.00 -Lis 00.'. 891.25 155.00 891.25 100.00% -0.00 0.00 0.00 711-11-126 ... - SOLID TRAFFIC STRIPE (6') (DOUBLE (THERMOPLASTIC) 207 LF 2.30 476.10 0.00 0.00 -207.00 476.10 207.00 476.10 100.00%0.00 0.00 711-16-201 (YELLOW) LIGHTING CONDUCTORS, F & 1, INSULATED NO. 8 - 6 2,520 LF 1.34 3,376.80 0.00 0.00 20.00: 3,376.80 2,520.00 3,376.80 100.00% 0.00 0.00 0.00 715-1-12 LIGHTING CONDUCTORS, F & 1. INSULATED NO. 4 - 2 175 LF 1.88 329.00 0.00 0.00 175.00 329.00 175.00 329.00 100.00% O.OD 0.00 0.00 715-1-13 RECORD DRAWINGIAS-BUILT DRAWINGS I LS 9,985.65 9,985.65 0.00 0.00 9,985.65 1.00 9,985.65 100.00% 0.00 0.00 0.00 999-1 ROADWAY IMPROVEMENTS SUB TOTAL SS8,000.00 503,622.70 47,758.05 SS1,380.75 C.0D 6,619.25 72 IRC PROJECT NO 1643 Pay App 6 Item No. 801 TRENCH SAFETY COMPLIANCE (OVER 5') (SEE I Ls SECTION 00454) 1,150.00 1,150.00 1.00 1,150.00 0.00 1.00 1,150.00 100.00% 0.00 0.00 0.00 802 TRENCH SAFETY COMPLIANCE (SHORING) (SEE 1 LS SECTION 00454) 2,300.00 2,300.00 1.00 2,300.00 0.00 LOD 2,300.00 100.00% 0.00 0.00 0.00 Boo PUBLIC CONSTRUCTION BOND I LS 9,160.00 9,160.00 1.00 9,160.00 0.00 1.00 9,160.00 100.00% 0.00 0.00 0.00 MISCELLANEOUS SUB TOTAL 12,610.00 12,610.000.0 12,610.00 0.00 0.00 FA FORCE ACCOUNT I- ' =LS 40,000.00 16,197.00 OLD 0.00 0.00 0.00 0.00% 0.00 1.00 16,197.00 WCD No. I I INCREASED DEPTH FOR DRILL SHAFTS 1 LS 23,803.00 23,803.00 1.00 23,803.00 0.00 1.00 23,803.00 100.00% 0.00 0.00 0.00 MISCELLANEOUS SUB TOTAL 40,OOD.00 23,803.00 0.00 0.00 23,803.00 0.00 16,197.00 27TH AVENUE AT 21ST ST SW INTERSECTION/SIGNALIZATION IMPROVEMENTS TOTAL 610,610.00 TOTAL 540,035.701 TOTAL 47,758.05 TOTAL 1 587,793.751 TOTAL 0.001 TOTAL 22,816.25 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $587,793.75 --$0-.2-0 $587,793.7S $0.00 $587,793.75 $513,033.91 $74,759.84 73 3 SECTION 00942-- Change Order Form No. 1 Final DATE OF ISSUANCE: 9/11/2018 EFFECTIVE DATE: 9/11/2018 OWNER: Indian River County CONTRACTOR TRAFFIC CONTROL DEVICES INC. Project: 27TH AVENUE AT 21ST STREET SW INTERSECTIONlSIGNALIZATION IMPROVEMENTS OWNER'S Project No. IRC -1643 OWNER'S Bid No. 2017063 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is to .make final adjustments to bid line items in Order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change): Description of Itemized Changes (Detailed backup for al/ changes is on file and available for viewing in the County Engineering Division) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $610.610.00 Net decrease of this Change Order: $22.816.25 Contract Price with all approved Change Orders: $587.793.75 ACCEPTED: COiVV"fRACTO/R (Signature) Date: I°►'6��01 CHANGE IN CONTRACT TIMES Description Time (days) Original. Contract Time (days): Substantial Completion: 150 (6/6/2018) Final Completion: 180 7I6I2018 Net increase this Change Order (days): Substantial Completion: 16 Final Completion: 16 Contract Time with all approved Change Orders (days): -Substantial Completion: 166 (6/23/2018) Final Completion: 196 7/22/2018 RECOMMENDED: r By: ENGINEER (Signature) Date: � Lo 6 1201V APPROVED: By: OWNER (Signature) Date: IRC -1643 -FCO -2018 00942 -1 F-VublicWorksIENGINEERINGOMSIONPROJECTS1164327thAveat21stStSW SignalizationImprovementa\t-AdminlAgendallemsNProedC1oseouNRC- 1643 FCO 2018.doc 74 CHANGE ORDER NO. 'I - FINIAL F DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 27TH AVENUE AT 21ST STREET SW INTERSECTIONISIGNALIZATION IMPROVEMENTS I.R.C. PROJECT NO.1643 BID NO. 2017063 Item No.- .� µ Desai tion : � - ,F - _ ->� _[inif Qlanti ;Unit Prtce Fr1c1) Increase C?las Decrease =: 520-1-10 CONCRETE CURB AND GUTTER TYPE F LF 6 34.50 207.00 522-2. CONCRETE SIDEWALK W/ FIBER MESH 6" THICK SY 20 57.50 1,150.00 WCD 1 INCREASED DEPTH FOR DRILLED SHAFTS 23,803.00 102-14 TRAFFIC CONTROL OFFICER (OFF-DUTY LAW ENFORCEMENT) MH 20 69.00 1380.00 630-2-11 CONDUIT, FURNISH & INSTALL OPEN TRENCH LF 1 595 9.55 5,682.25 639-3-11 SIGNALS, ELECTRICAL SERVICE DISCONNECT, F & 1, POLE MOUNT EA 1 914.00 914.00 FORCE ACCOUNT 40 000.00 SUBTOTALS I 1 1 25,160.00 1 47,976.25 27TH AVENUE AT 21ST STREET SW INTERSECTIONISIGNALIZATION IMPROVEMENTS TOTAL $ (22,816.26) 00310-1 %5 F:1PubkWorksTNOINEERINODMSIONPROJECTS1164321thAve at21stMSW 6fgnaGroUonlmprovemenWI-AdminftendaxemsWrojedCtoseouNRG1643_FOO_2018 all, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director AND James W. Ennis, P.E., PMP, County Engineer FROM: David W. Schryver, PSM, County Surveyor SUBJECT: Annual Renewals for Continuing Professional Surveying and Mapping Services Firms RFQ# 2016029 IRC -1605 DATE: September 5, 2018 DESCRIPTION AND CONDITIONS On October 4, 2016 the Board of County Commissioners approved the five (5) firms selected for the continuing Surveying and Mapping services Contract with Indian River County. The original contract was for two (2) years with an option for two (2) two-year extensions at the county's discretion. This renewal is for the first two (2) year option. County staff has negotiated standard fee schedules with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have submitted fee schedules that have been accepted by reviewing staff: Carter Associates, Inc. Vero Beach, Florida Kimley-Horn & Assoc., Inc. Vero Beach, Florida Morgan & Eklund, Inc. Wabasso, Florida Southeastern Surveying & Mapping Corp. Orlando, Florida CivilSury Design Group, Inc. Ft. Pierce, Florida FUNDING Funding is available from Secondary Roads — Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services for fiscal year 2018/2019 is approximately $200,000.00. Funding for other professional services accounts is included within the relevant capital project budgets. C:\Users\legistar\AppData\Local\Temp\BCL Tcchnologies\easyPDF 8\@BCL@A40DBEA1\@BCL@A40DBEAl.doc 76 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For September 18, 2018 BCC Meeting RECOMMENDATION Staff recommends approval of the renewal agreements and fee schedules between the County and the five (5) firms selected and requests the Board to authorize the Chairman to execute the agreements. DISTRIBUTION 1. David Silon, PSM, Assistant County Surveyor 2. Selected Firms ATTACHMENTS 1. Carter Associates, Inc.. Renewal Agreement and Fee Schedule 2. Kimley-Horn & Assoc., Inc. Renewal Agreement and Fee Schedule 3. Morgan Eklund, Inc. Renewal Agreement and Fee Schedule 4. Southeastern Surveying & Mapping Corp. Renewal Agreement and Fee Schedule 5. CivilSury Design Group, Inc., Renewal Agreement and Fee Schedule APPROVED AGENDA ITEM FOR SEPTEMBER 18, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\casyPDF 8\@BCL@A40DBEA1\@BCL@A40DBEAl.doc 77 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County and Carter Associates, Inc. for Professional Survey & Mapping Services from October 4, 2018 to October 3, 2020. All provisions of the original agreement, approved October 4, 2016 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2018 to October 3, 2020. CA E OCI T CORPORATE � . SEAL TITLE: tltl j PL` 55cp•��u Witiless INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman C(5CN-f SEAL, f `t Approved by BCC: ' I Attest: Jeffery R. Smith, Clerk of Courts Jason E. Brown, County Administrator Dylan Reingold, County Attorney C:\Users\davidl.CA1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HFJ8V2'FS\08-28-2018 Carter Assoc. Renewal 2018-2020.doc 78 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS -AND LAND SURVEYORS 1708 21st STREET - VERO BEACH, FLORIDA 32960.3472 - 772.562.4191 - 772-562.7180 (FAX) JOHN H. BLUM, P.E., PRINCIPAL FRANK S. CUCCURFSE, P.S.M. DAVID E. LUEPHJE, P.S.M., PRINCIPAL CLINTON J. RAHJES, P.E. GEORGE A. SIMONS, P.E., PRINCIPAL, PATRICK S. WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.M., Consultant to the Firm DEAN F. LUETHJE, P.E., (Fl.RNo Consultant to the Firm "EXHIBIT A" INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1605 — OCTOBER 4, 2016 — OCTOBER 3, 2020 FEE SCHEDULE OFFICE: Surveyor (Principal) Surveyor I Surveyor II Surveyor III (SIT) CAD/GIS Tech I CAD/GIS Tech II CAD/GIS Tech III CAD/GIS Tech IV Administrative Staff FIELD: 4 Man Survey Crew 3 -Man Survey Crew 2 -Man Survey Crew 1 -Man Survey Crew SPECIALIZED EQUIPMENT: Leica HD P40 Scanner Aluminum Boat AIL -Terrain Vehicle (ATV)/Trailer ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Blueprints/Blackline (24" x 36") Color Prints (24"x36) Mileage Mylar Photocopies: 8.5" x 11" 8.5" x 14" 11" x 17" Concrete Monuments Rebar Laths Hubs $150.00 $140.00 $120.00 $110.00 $105.00 $ 90.00 $ 85.00 $ 75.00 $ 45.00 $175.00 $150.00 $135.00 $110.00 $175.00/Hour $500.00/Day $250.00/Day $1,000.00/Week Cost $2.00/Each $5.00/Each IRS Standard Rate $7.00/Each 15¢/Each 25¢/Each 35¢/Each $20.00/Each $ 2.50/Each $ 0.75/Each $ 1.00/Each Cost + 10% David E. Luethje, Vice -President ` Date SeryinFloric NIAL Since 1911 79 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County and Kimley-Horn & Associates, Inc. for Professional Survey & Mapping Services from October 4, 2018 to October 3, 2020. All provisions of the original agreement, approved October 4, 2016 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2018 to October 3, 2020. ORN & ASSOCIATES, INC. ,4 r C4 SEAL SES , TITLE: �� LA - Witness C"tbs Ol:AAI=-rec? INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman COUNTY SEAL 1 A Approved by BCC: -- Attest: Jeffery R. Smith, Clerk of Courts Jason E. Brown, County Administrator Dylan Reingold, County Attorney 80 Kimley»>Horn EXHIBIT "A" Kimley-Horn and Associates, Inc. Annual Surveying and Mapping Services — IRC Project No. 1605 FEE SCHEDULE October 4, 2018 through October 3, 2020 HOURLY RATES BY EMPLOYEE CLASSIFICATION: CLASSIFICATION Professional Surveyor and Mapper (PSM) Project Surveyor Survey technician/CADD technician Geodetic Processing Technician GIS Specialist GIS analyst / Technician Administrative, Research, Clerical Three-man Field Crew Two -Man Field Crew GIS Data Collection — One Person Authorized Reimbursable Expense* Blueprints (24"x36") Concrete Monuments Global Positioning System (GPS) *All other expenses relevant to project Consultant's Signature and Position Date RATE $145.00 $135.00 $100.00 $100.00 $120.00 $110.00 $ 45.00 $150.00 $130.00 $100.00 $2.00 / sheet $20.00 $15.00 per unit per hour 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX.- (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County and Morgan & Eklund, Inc. for Professional Survey & Mapping Services from October 4, 2018 to October 3, 2020. All provisions of the original agreement, approved October 4, 2016 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2018 to October 3, 2020. MORGAN & INC. INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman COUNTY SEM_ Approved by BCC: - Attest: Witness tjJeffery R. Smith, Clerk of Courts Jason E. Brown, County Administrator Dylan Reingold, County Attorney C:\Users\debbie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utloolc\AVJOWLNM\08-28-2018 Morgan Ecklund Renewal 2018-2020 (002).doe 82 Qom' M &E Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-3ee-5364 Vero Beach, Florida 32967 Fax: 772-3ee-3165 Exhibit "A" Fee Schedule October 4, 2018 to October 3, 2020 Rates for Indian River County Office Personnel: Chief Surveyor/PSM $125/hr. Project Surveyor/Manager/PSM $95/hr. Field Operations Supervisor $85/hr. Senior Survey Computer Technician CAD/ Processing $85/hr. Survey Technician CAD / Processing $75/hr. Geodetic Processing $85/hr Administrative Assistant Research — Clerical $45/hr. Field Personnel: Supervisor $55/hr. Three Man Survey Crew $125/hr. Two Man Survey Crew $95/hr. Three Man GPS Crew RTK/GPS $165/hr. Two Man GPS Crew TK/GPS $135/hr. GIS Data Collection DGPS with Data Collector $130/hr. Specialized Survey Equipment: 26' Parker Survey Boat $500/da Leica NA 3003 Digital Level $55/da Additional GPS Receivers $200 per receiver per da Trimble DGPS $300/da Digital Fathometer $85/da Motion Compensator $200/day Hypack Navigation Software & Computer $50/da Submersible Tide Gauge $50/da Polaris 6 WD Beach Vehicle I $85/da Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County and Southeastern Surveying and Mapping, Corp., for Professional Survey & Mapping Services from October 4, 2018 to October 3, 2020. All provisions of the original agreement, approved October 4, 2016 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2018 to October 3, 2020. SOUTHEASTERN AND MAPPING, C Gary B. Krick, TITLE: Witness G INDIAN RIVER COUNTY, FLORIDA z ".= Peter D. O'Bryan, Chairman t''N ' SE A L , j • • •• �O\ .;�'�. Approved by BCC: Attest: Jeffery R. Smith, Clerk of Courts Jason E. Brown, County Administrator Dylan Reingold, County Attorney C:\Users\rbess\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\5QE7X464\08-28-2018 Southeastern Renewal 2018-2020.doc 84 Steven L. Anderson, Jr., PSM, PLS Thomas K. Mead, PSM, PLS Charles M. Arnett, PSM Timothy O.. Mosby, PSM Michael D. Brown, PSM James L. Petersen, PSM Eric E. Cain, PSM �� William C. Rowe, PSM John K. Carr, PSM , Tony G. Syfrett, PSM, PLS Michael L. Dougherty, PSM o�itneaten� Thomas P. Young, Jr., PSM, GISP James M. Dunn, II, PSMSu�' ' ' ' • ' ' �� .ye l� Kirk R. Hall, EI, GISP Thomas F. Ferguson, PSM Brad A. Stroppel, EI, GISP Ronnie A. Figueroa, PSM, GISP Cheryl A. Isenberg, GISP Tate B. Flowers, PSM, PLS \® Brian E. Latchaw, GISP Robert W. Gardner, PSM Patrick J. Phillips,. GISP Brian R. Garvey, PE, GISP Southeastern Surveying and Mapping Corporation Donna L. Hendrix, CST IV Daniel J. Henry, PSM, PLS Serving the Southeast Since 1972 Mark W. Klaers,. CST IV Ryan E. Johnson, PSM Gary B. Krick, PSM www souteastemsgrveghin com Joseph S. Locklin, CST IV Brad J. Lashley; PSM, PLS info@southeastemsurveying.com David M. Rentfrow; CST IV Steve D. Smith, CST IV Myron F. Lucas, PSM James E. Mazurak, PSM Celeste B. van Gelder, CST IV Land Surveying & Mapping Services • Sub -Surface Utility Designation & Location Services • Geographic Information Systems • GPS Asset Inventories October 4, 2018 to October 3, 2020 Fee Schedule Surveying& Mapping Services Personnel Classification Typical Work Tasks Hourly Billing Rate Professional Surveyor & Mapper/PSM Project Management, Project Surveyor $139.00 / per hour Quality Control/Quality Assurance Reviews Expert Witness Attendance and Testimony at Trial $278.00 / per hour Senior Technician Project Calculations $103.00 / per hour Orlando, FL 32810 Preparation of Descriptions 8641 Baypine Road CAD Technician Drafting of Projects, Preparation of Sketches for $92.001 per hour 407.292.8580 Descriptions Suite 5 Jacksonville, FL 32256 Survey Division 34744 Suite C-300 334.648.0288 1 Man Field Crew Completes field data collection and inventory. $103.00 / per hour 2 Man Field Crew Performs reconnaissance activities for $139.001 per hour 3 Man Field Crew completion of survey related tasks. $175.00 / per hour 4 Man Field Crew 407.944.0424 Fax $200.00 / per hour Sketch of Description (per SD) $526.00 GIS Mapping Services Personnel Classification Typical Work Tasks Hourly Billing Rate Professional. Engineer Project Management, Quality Control/Quality $139.00 / per hour Assurance Reviews GIS Analyst Database Design, Programming/ Quality $103.00 / per hour Control/Quality Assurance GIS Technician Data Entry, Data Editing $ 92.00 / per hour 2 Man GPS Crew Field Asset Inventory (sub -meter) $139.00 ! per hour 1 Man GPS Crew Field Asset Inventory (sub -meter) $ 82.00 / per hour Plat Review Services (if required) Initial Review includes Second Review Plat (initial and second review) $818.00/per Plat (up to 2 sheets) $139.00/per sheet (over 2 sheets) Third or Additional Review Same Plat Plat (third or additional reviews of same plat) $368.00 6500 All American Blvd 1130 Highway 90 Lakeside Executive Center 119 West Main Street 10 East Lake Street University Corporate Park 410 Honeysuckle Road Orlando, FL 32810 Chipley, FL 32428 8641 Baypine Road Tavares, FL 32778 Kissimmee, FL 10770 North 46th Street Dothan, AL 36305 407.292.8580 850.638.0790 Suite 5 Jacksonville, FL 32256 352.343.4880 34744 Suite C-300 334.648.0288 407.292.0141 Fax 850.638.8069 Fax 904.73 352.343.4914 Fax 407.944.4880 Tampa, FL 33617 904.737.59955995 Fax 407.944.0424 Fax 813.898.2711 813.898.2712 Fax Licenses: PSM: Florida Professional Surveyor & Mapper • PLS: Alabama Professional Land Surveyor • PE: Professional Engineer Certifications: Ek Engineering Intem • GISP: Geographic Information Systems Professional • CST: Certified Survey Technician 85 Subsurface Utilitv Enaineerina Services Designating Services Regular Rate Emergency/On Call Services 1 Test Hole/Asphalt/Concrete $611.00 Night/Weekend/Overtime Project Manager $139.001 per hour $208.50 Senior Technician $103.00 / per hour $154.50 2 Man SUE crew $198.00 / per hour $297.00 3 Man SUE crew $251.00 / per hour $376.50 Vacuum Excavation Test Holes 1 Test Hole/Dirt $492.00 $738.00 1 Test Hole/Asphalt/Concrete $611.00 $916.50 Z- Test Holes/Dirt $421.00 / each $631.50 2 -19 Test Holes/Asphalt/Concrete $480.001 each $720.00 20 - 49 Test Holes/dirt $385.001 each $577.50 20 - 49 Test Holes/asphalt/concrete $433.00 / each $649.50 50 - 99 Test Holes/dirt $332.00 / each $498.00 50 - 99 Test Holes/asphalt/concrete $385.00 / each $577.50 103 or more Test Holes/dirt $295.00 / each $442.50 103 or more. Test Holes/asphalt/concrete $336.001 each $504.00 GPR Bore Route $599.00 / each $898.50 Vacuum Excavation for Environmental Services Vacuum Excavation for Monitoring Wells/Soil Samples when requirements dictate vacuum or hand digging down 8 feet to 10 feet prior to drilling. (3"-4" in diameter, 8' to 10' deep, concrete/asphalt removed if necessary) 1 - 9 Monitoring Wells/Soil Samples $301.00 / each $451.50 10 -19 Monitoring Wells/Soil Samples $242.00 / each $363.00 20 - 49 Monitoring Wells/Soil Samples $182.00 / each $273.00 An hourly rate of $343.00 will be used for all exploratory excavation projects. $514.50 Larger excavation projects which require specialized equipment (shoring, de -watering, etc.) will be quoted on a task by task basis. Overtime rates will be charged for jobs requiring night work or Emergency/On-Call Services Survey Services for Utility Projects Project Manager/Professional Surveyor and Mapper $139.00 / per hour $208.50 Two Person Survey Field Team $139.00 / per hour $208.50 Three Person Survey Field Team $175.00 / per hour $262.50 Clerical $ 62.00 / per hour Concrete Radar Mapping/Imaging (concrete assessmentfinspection, grid scans & debris assessment) 1 Man Crew $217.00 / per hour $336.00 Closed Circuit Televising (CCTV) Services (will be quoted on a task by task basis per requirements) Maintenance of Traffic (MOT) If required MOT specialist will be contracted and cost for same will be passed on with a 10% mark-up for coordination of same Per Lane (Daytime) $731.00 / per day Per Lane (Nighttime) $931.00 / per night Sidewalk Closures $200.001 each Mobilization Per Project in Excess of 50 Miles from Home Office $900.00 $1,350.00 Location Per Diem/Lodging Expenses Per Day Two Person Crew $319.00 Per Day Three Person Crew $438.00 If HAMPER CERTIFIED personnel are required there will be a 20% increase in the Hourly Rate. Elevation Certificates Residential Elevation Certificate $478.00 Commercial Elevation Certificate (per bldg.) $903.00 Mortgag Survey quoted on a task by task basis per requirements August 27, 2018 Gary B. Krick, PSM President 86 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX. (772) 778-9391 RENEWAL OF ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES AGREEMENT This shall serve as mutual consent to extend the Agreement between Indian River County and CivilSury Design group, Inc. for Professional Survey & Mapping Services from October 4, 2018 to October 3. 2020. All provisions of the original agreement, approved October 4, 2016 shall remain in full force and effect. The attached fee schedule (Exhibit "A") shall remain in effect from October 4, 2018 to October 3, 2020. CIVILSURV DESIGN GROUP INC. V—�A AJ� TITLE:y CC.- eS1z" zic't'Zo - -M. QJ -1 Witness INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC: Attest: Jeffery R. Smith, Clerk of Courts Jason E. Brown, County Administrator Dylan Reingold, County Attorney C:\Users\dfields.CSDG\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0ut1ooh\8SY W l3X I P\08-28-2018 CivilSury Renewal 2018-2020.doc 87 EXHIBIT A FEE SCHEDULE Duty Code Job Classification Hourly Rate r 72 Administrative Assistant $60.00 -73 Associate 1 $80.00 74 Associate 2 $90.00 75 Sr. Associate $115:00 76 Project Manager $150.00 77 Sr. Project Manager $175.00 "78 Director $215.00 79 Principal $300.00 42 2 Person Survey Crew $120..00 43 3 Person Survey Crew $150.00 44 Specialty Survey Crew $195.00 Effective October .1, 2016 wvvw.CivilSurv.com Sinall Susines5 Enterprise 1 f 1 "2525 Urane Field Goad I Suite 7 � Lakeland, Fiorlda 33211 � p-863-6464771 i (.863-646-3378 I toll iree F66-397.4771 S 88 1 ' fi Direct Expenses Cost per Unit Photographic Copies Color Copies a) 8.5" x 11" $ 1.00 b) 8.5" x 14 or 11 "x 17" $ 2.00 c) 24"x 36" $20.00 Black & White Copies a) Any Size up to 11"x17" $ 0.25 b) 24"x 36" Blackline $ 3.00 c) 30" x 42" Blackline $ 3.00 d) 24" x 36" Sepia $10.00 e) 24"x 36" Mylar $15.00 Laminating/Transparency Film Covers $ 3.00 Display Boards Mounted (Foam) 30"x 40" $45.00 Mounted (Foam) 40"x 60" and larger $75.00 3 Ring Binders 1" $ 2.50 .Dividers (Tabs) Set of 10 $ 1.00 Acco/GBC Binding $ 3.00 Facsimiles $ 2.50 Overnight Packages/Courier & Delivery Services $25.00 Postage: 1St Class Current US Postal rate Mileage: $ 0.50 /mile Any other expenses will be billed at cost plus 10% carrying charge. "NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling on CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. WW"V.0VIISUt-'1.rdM Sniall Business Enterprise 2525 Drane Field Road j Suite 7 1 Lakeland, Fiordda 3381 ! p. 863-6A64771 I t, 863-946-3378 1 toll lre* WM97.4771 89 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 FDEP FY 2018-19 Hurricane Irma Supplemental Funding Request DATE: September 10, 2018 DESCRIPTION AND CONDITIONS The Florida Legislature appropriated $11,198,282 to assist counties with sand replacement associated with beach erosion losses attributable to Hurricane Irma (2017). On September 10, 2018, the County received notification from the Florida Department of Environmental Protection (FDEP) that the Beach Management Funding Assistance Program is accepting requests for Hurricane Irma storm recovery projects. The funding requests are due October 1, 2018 and provide up to a 50 percent State cost share. Based on the eligibility requirements of this funding, staff feels that the Sector 7 (Porpoise Point) Project Area and the associated design and permitting work currently underway makes this project an ideal candidate for funding. Additionally, staff believes some project construction costs that are not eligible for Federal Emergency Management Agency (FEMA), FEMA Hurricane Irma Project Worksheet (Sector 7) in progress, are eligible for State funding as well. Staff is requesting $265,817.50 in State funding assistance for the Sector 7 Restoration Project, post Hurricane Irma. Staff anticipates cost sharing from the FDEP for design, permitting, construction, to be 50% State and 50% County. Total funding for design, permitting, and some of the construction is $531,635; $265,817.50 State: $265,817.50 County. Note: On February 20, 2018 the Board approved Work Order No. 2018007-1 with our Sector 7 coastal engineering consultant, Coastal Technology Corporation, in the amount of $256,435. These fees and an additional $275,200 for sand costs above FEMA eligible reimbursement total the County's anticipated $531,635 FDEP FY 18/19 supplemental funding request. The purpose of this Agenda is to request Board approval to apply for the referenced grant. If the grant is approved, staff will address the grant contract through a subsequent Board item. 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 7 Beach Nourishment Project is available and budgeted in the Beach Restoration Fund, Hurricane Matthew Account - Sector 7, Account No. 12814472-066512-17001. Funding for the construction of the Sector 7 Restoration Project, currently anticipated winter 2020/2021, with be addressed though future County budgets. C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCLTECHNOLOGIES\EASYPDF 8\@BCL@OCOElE86\@BCL@OCOElE86.DOCX 90 Post Hurricane Irma FDEP Grant Consent Agenda 9-18-18 Page 2 RECOMMENDATION. Staff recommends Board approval authorizing the County Administrator or his designee to submit the FDEP FY 2018/2019 Hurricane Irma Supplemental Funding request on behalf of the County. ATTACHMENT Supplemental funding application APPROVED AGENDA ITEM FOR SEPTEMBER 18, 2018 C:\USERS\LEGISTAR\APPDATA\LOCAL\TEMP\BCL TECH NOLOGI ES\EASYPDF 8\@BCL@OCOEIE86\@BCL@OCOEIE86.DOCX 91 Florida Department of Environmental Protection Beach Management Funding Assistance Program Guidance Document for FY 2018-19 Hurricane Irma Supplemental Funding Requests The Florida Legislature appropriated $11,198,282 to assist counties with sand replacement associated with beach erosion losses from Hurricane Irma. The legislation provided this funding as a match to federal funds, or otherwise up to 50 percent of beach and dune restoration costs, where federal assistance is not provided. Counties must submit a written request for funding and a scope of work for the proposed post -Irma storm recovery projects. In addition, applicants are requested to provide information as outlined in this guidance document for the assessment of funding requests. Applications are due by October 1, 2018. Submittals should be addressed to: OR Florida Department of Environmental Protection Beach Management Funding Assistance Program 3900 Commonwealth Boulevard, MS 3601 Tallahassee, FL 32399-3000 Email Beaches Funding@dep.state.fl.us Please provide the following information for each request: CONTACT INFORMATION 1. County Name: 2. Local Sponsor: (Write the name of the local coastal government managing the project. If it is the county government, write the name as it should appear on the agreement. If it is another local coastal government write the name of the local coastal government.) 3. Local Sponsor FEID Number (FEID): 4. Has the Local Sponsor received acknowledgment from the county government to manage the project on behalf of the county government? (Yes or No): (If the county is not managing the project, a delegation memo or resolution is requested from the county government in support of the Local Sponsor managing the project. If costs will be shared, an interlocal agreement will be acceptable.) 5. Local Sponsor Contact Name: 92 6. Local Sponsor Contact Title: 7. Mailing Address: 8. Phone Number: 9. Email Address: 10. Additional Contact Information (Optional): HURRICANE IRMA IMPACTS Please review the report at the link below and answer the following questions. Please attach a post - storm engineering report with supporting information, if available. Hurricane Irma Post -Storm Beach Conditions and Coastal Impact in Florida: https://floridadep.gov/sites/default/files/H IRMA Post -Storm Report.pdf 11. Using the information from the report, fill in the information that corresponds best with the proposed project area of this request: County: Locations Reference Monuments Erosion Condition Please attach separate sheet if additional space is needed. SCOPE OF WORK 12. A scope of work must be submitted with this request. The scope of work must include a detailed description of the work to be conducted, a schedule or timeline for the completion of work, and the estimated costs for each task. Based on the information in the scope, fill in the following table: Question Response Has the work started? (Yes or No) What date did work start? (month/day/year) 93 Question Response Has the project been completed? (Yes or No) What date did work end? (month/day/year) If work has not started, when is work proposed to start? (month/year) What is the length of the project? (feet) What is the volume of sand to be placed? (cubic yards) Will all sand be placed above the mean high water line? (Yes or No) Will the project include FEMA or FCCE (federal) funding? (Yes or No) Has a FEMA Project Worksheet been issued? (Yes or No)' (If yes, then please attach a copy of the project worksheet) Has FCCE (federal) funding been approved? (Yes or No) (If yes, then please attach a copy of the project worksheet.) CERTIFICATION I hereby certify that all information provided with this application is true and complete to the best of my knowledge. Signature Printed Name Date 94 Im INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 6, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Terry Southard, Operations Manager Jennifer Hyde, Purchasing Manager Subject: Termination of Bid 2018060 Annual Bid for Utilities Concrete Restoration and Rebid BACKGROUND/ANALYSIS: The Indian River County Department of Utility Services (IRCDUS) requested the solicitation of annual bids to establish firm fixed pricing for concrete curb, sidewalk and driveway repairs on an as -needed basis. The work is necessary after IRCDUS crews have made repairs in these areas. The bid was awarded to Professional Services Group, LLC of Deland, FL. After meeting with Professional Services Group, LLC, the company informed us the bid was structured in the bidder's favor and was not in the best interest of the County. ANALYSIS: Staff finds it in the County's best interest to terminate bid #2018060 with Professional Services Group, LLC, and rebid using different line item pricing that is equitable to both the contractors and County. IRCDUS has a blanket Purchase Order in place with Professional Services Group, LLC, who have agreed to provide required services at an acceptable rate structure until IRCDUS rebids the services. SOURCE OF FUNDS: . Funds for the anticipated purchases are available in the following accounts, which come from operating funds and are generated from water and sewer revenues. Account Number Account Description Spent FY Spent to Date Estimated 16/17 FY 17/18 Remainder FY 17/18 47126936-035310 Water Distribution — $39,560 $68,662 $17,000 Paving Material 47126836-035310 Wastewater Collection — $ 3,350 $ 2,500 $ 1,000 Paving Material 95 RECOMMENDATION: Staff recommends the Board of County Commissioners: • Terminate bid #2018060 with Professional Services Group, LLC; and, • Authorize staff to rebid using different line item pricing that is equitable to both the contractors and the County. C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@640E56BC\@BCL@640E56BC.docx 96 Nineteenth Judicial Circuit of Florida q.A . 1. CYNTHIA L. COX COUNTIES OF MARTIN, ST. LUCIE, Havely White Combe CIRCUIT JUDGE INDIAN RIVER AND OKEECHOBEE JUDICIAL ASSISTANT 2000 - 16a Avenue, Suite 383 (772) 770-5231 Vero Beach, FL 32960 FAX (772) 770-5335 coxcC@circuitl9.org whiteh(acircuitl9.ore August 14, 2018 RE: Award of the 2018/2019 Alcohol and Other Drug Abuse Treatment Fund And Designation of Indian River County's Problem Solving Courts As A Chosen Program Recipient Background: Section 893.165, Florida Statutes, allows the Indian River County Board of County Commissioners to create the Alcohol and Other Drug Abuse Trust Fund to be used for disbursing assistance grants on an annual basis to such alcohol and other drug abuse treatment or education programs. The Indian River County Board of County Commissioners established the Indian River County Alcohol and Other Drug Abuse Trust Fund in section 305.07 of the Indian River County Code of Ordinances. The funds are derived from court assessments on drug offenses. The total amount in the trust fund as of July 25, 2018 is $250,869 and it accrues approximately $14,000 annually. From October 1, 2017 through July 25, 2018, the fund received $10,059.23 in revenue and $1,540.60 in interest and incurred $8,706 in drug testing fees. History of Programs: Indian River County's Drug Court currently has 76 participants and has graduated 651 since May 2002. The Mental Health Court has 136 participants with 48 graduating since the program began in January 2015. The Veterans Treatment Court currently has 12 participants and has graduated 20 since September 2013. The programs have expeditiously and efficiently moved people from jail into treatment programs without compromising public safety. They also isolate and focus upon defendants with substance abuse issues who need appropriate treatment. Drug addiction requires random and frequent testing to serve as a true deterrent, which can be costly to many, although the frequency decreases once they are involved in treatment and meetings. Many graduates have admitted that drug testing was the biggest deterrent to relapse. Many individual indigent defendants have not been able to participate in the problem solving courts because of the cost of substance abuse testing and treatment. All of the programs require that defendants test frequently at the Substance Awareness Center. The cost of drug testing is $30 per week (or $8-30 per test for some) or approximately $1500 per year per participant and drug treatment ranges from $50 per week for outpatient to $12,000 for inpatient drug treatment. The cost to 25 individuals for substance abuse treatment totaled over $70,000 in 2017. The participants are drug/alcohol tested at least twice monthly and up to five times per week. To date in the year 2018, the Substance Awareness Center has conducted over 1500 tests for problem solving clients. Once awarded, these trust funds would be used to help offset the cost of indigent drug/alcohol screening and substance abuse treatment for the defendants participating in problem solving courts that cannot otherwise afford to participate and/or pay for their testing and/or treatment. Previous action: In 2004, the Indian River County Board of County Commissioners awarded $2,000 in funds to be used for drug court participants that could not afford evaluations, treatment or testing and were required to repay the monies if they had the ability to do so. In December 2017, the Commission awarded up to $25,000 for substance abuse treatment and testing for the problem solving court participants (drug, mental health & veteran courts). 97 Financial Impact: The funds are from user based fees and will not have an impact on the budget. The funds are in the Alcohol and Other Drug Abuse Trust Fund and upon approval, will be made available with a budget amendment from Drug Abuse Program Fund/Cash Forward -Oct 1St to Drug Abuse Program Fund/ Drug Test Program — acct# 12111069-088692 and Drug Abuse Program Fund/Other Professional Services- acct # 12111069-033190. The total amount in the trust fund as of July 25, 2018 is $250,869.83. Request: That for the fiscal year 2018/2019, the Indian River County Board of County Commissioners designate the Indian River County's Problem Solving Courts as a chosen program recipient to receive up to $25,000 from the Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment and testing for the drug court, mental health and veteran treatment court participants in Indian River County that are indigent. In the event the defendants have the ability, they will be required to reimburse the funds. All applicants, testing and treatment would be preapproved by the presiding judge and team and submitted for reimbursement monthly or quarterly. 98 [6, A, I . INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 31, 2018 SUBJECT: Consideration of Land Development Regulation (LDR) Amendments to Chapters 911, 912, 913, 914, 915, and 972 Regarding the Affidavit of Exemption (AOE) and Final Plat Review and Approval Process, Master Lot Drainage Plans for New Subdivision Projects, Affordable Housing Conceptual Plans, Early Model Homes on Subdivision Construction Sites, and Medical District Side Yard (Setback) Requirements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 18, 2018. BACKGROUND There are a total of six proposed LDR amendments being presented for consideration by the Board of County Commissioners (BCC). Five of the six proposed LDR amendments were initiated by the BCC based on recommendations from the Development Review and Permit Process Advisory Committee (Committee), and supported by staff. The sixth LDR amendment was initiated by Community Development Department staff in order to provide a minor allowance within the MED, Medical zoning district, consistent with an allowance in other commercial zoning districts. The group of five proposed amendments are the second "installment" of LDR changes recommended by the Committee, and represent changes to portions of the existing development review process and/or specific development topics. The sixth amendment is included with this installment as a piggyback item, and represents a minor development standard change to the MED zoning district. The amendments are proposed as a set of six separate ordinances with each ordinance focused on a specific process or topic. The Planning and Zoning Commission (PZC) considered the proposed LDR amendments on August 23, 2018 and voted unanimously to recommend that the Board adopt the proposed amendments (see Attachment 1). The BCC is now to consider the proposed LDR amendment ordinances and adopt, adopt with modifications, or deny the ordinances. ANALYSIS 0 Committee Background, Purpose, and Recommendations 99 On July 11, 2017, the BCC established the Development Review and Permit Process Advisory Committee by resolution to review the County's processes and to make recommendations for streamlining or improving those processes (see Attachment 2). The Committee consists of thirteen total members and one alternate: ten members appointed by individual commissioners, three "at large" members, and one alternate appointed by the full BCC. The BCC appointed members at its August 15, 2017 meeting. Impacts from Hurricane Irma delayed the Committee's initially scheduled September 2017 organizational meeting. The Committee has held regular monthly meetings since October 18, 2017 (except July and August of 2018), and will automatically sunset on October 18, 2018 or upon completion of its BCC -assigned tasks, whichever occurs first. In its initial work with staff and the public, the Committee focused on the various general/overall development review processes, and forwarded a first "installment" of LDR changes to streamline those processes. Ultimately, the BCC adopted that first "installment" of LDR changes on March 13, 2018. After looking at the general/overall processes, the Committee continued to coordinate with staff and the public and focused on certain specific LDR requirements, sections/subsections, and sub- processes. This second "installment" of LDR changes (five separate amendments) are more technical in nature, and are typically limited to a specific development topic or concept. There is also an additional piggyback amendment included with this group that is technical and specific to a minor development standard change, but was not initiated by the Committee. • Proposed Amendments "Ordinance #1" - Affidavit of Exemption (AOE) Review and Approval Process: The current AOE review and approval process requires an AOE to be "platted" (i.e. recording a mylar in the public plat books) if the AOE project includes a new road or roads (e.g. private road right-of- way). The AOE plat document shows the overall project layout, including all lots, easements, and/or rights-of-way, and includes all dedications and/or other legal allowances in a clear and concise legal document (similar to a conventional subdivision plat). However, the current process does not require platting if no new road is proposed, but does require multiple individual exhibits in 8 ''/z" X 11" format including surveys, easements and/or right-of-way dedication documents, and covenant documents that must be prepared, reviewed, revised, approved, and recorded. The multiple documents are cumbersome to property owners and members of the real estate and development industry needing to review multiple recorded documents when evaluating a parcel. An AOE applicant may voluntarily "plat" a non -road AOE; however, most applicants elect the less efficient "multiple documents" option. The proposed changes to the AOE process will require all AOEs to either be "platted" or presented in a 24" by 36" recordable map format (similar to a plat). This change will provide a single, uniform process for all AOEs, and will streamline the overall process by eliminating the cumbersome back - and -forth process allowed under the current "multiple documents" option. The recordable map will provide a single, legible, efficient document for the property record. The changes also require that all AOEs be reviewed via the same established process and timeframes currently required for preliminary plat applications. 100 2 "Ordinance #2" - Final Plat Review and Approval Process: The proposed changes for the final plat review and approval process are summarized as follows: 1. Require final plat title certification to be by a Florida licensed attorney only (not a title company). 2. Require use of a final plat checklist provided by the County Surveyor. 3. Authorize staff to use a "stop -loss" ("stop -review") process for grossly deficient final plat submittals. 4. Provide for developer/County agreements and arrangements for posting security that guarantees construction and is then reduced to cover warranty/maintenance/bill of sale items. 5. Allow surveying and engineering costs to be excluded from the amount. posted to secure warranty/maintenance/bill of sale items. 6. Clarify the two options for obtaining final plat approval (before completion of construction or after completion), and line-up warranty maintenance (roads and drainage) and bill of sale (water and sewer) items. 7. Update Clerk of Court plat items based on a request received from the Clerk of Court office. "Ordinance #3" - Master Lot Drainage Plans for New Subdivision Projects: The proposed changes require LDP (Land Development Permit) submittals to include a master lot drainage plan (includes typical drainage plans for individual lots) for new subdivision projects, and waive the LDP modification fee for voluntary submittal of master lot drainage plans for existing active subdivisions. Preparation and use of master drainage plans at the LDP stage will save the builder and staff time later in the development process for applicants and reviewers of individual building permits for homes. "Ordinance #4" - Affordable Housing Conceptual Plans: The proposed changes create a new conceptual administrative approval (AA) process for affordable housing grant applicants. The new process will allow affordable housing grant applicants to move their grant applications forward with a relatively low expenditure, due to the competitive and uncertain nature of the grant (lottery) process. The proposed conceptual AA process will not require a traffic study or drainage statement, will be reviewed through the AA process (2-3 weeks) instead of the TRC process (6-12 weeks), and will allow County staff to sign -off on the grant application form once the conceptual AA is approved. As proposed, the conceptual AA will be subject to a subsequent major site plan review, will not secure development entitlements or vesting, and will require a separate fully detailed "final" site plan application review and approval if the project is awarded funding and moves forward as a formal, "real" project. "Ordinance #5" - Early Model Homes on Subdivision Construction Sites: The proposed changes create a new LDR subsection that will allow a limited number of "early" model homes to be constructed within a conventional subdivision (or subdivision phase) simultaneously with construction of subdivision infrastructure improvements, and prior to completion of those subdivision improvements (i.e. issuance of Certificate of Completion). As proposed, the early model homes will be permitted as a temporary use, subject to certain minimum required infrastructure improvements being installed, inspected, and approved for temporary use by appropriate County staff. 101 The proposed changes also require that the same basic infrastructure improvements be provided for a planned development (PD) (or PD phase). The proposed changes are summarized as follows: 1. Identify the (minimum) required infrastructure improvements that must be provided before an early model home can be open to customers. 2. Require a metes and bounds survey (with a reference to the future legal description/lot number) for each early model home proposed prior to final plat recording. 3. Provide a minimum and maximum number (percentage) of early model homes allowed in a subdivision (or subdivision phase). 4. Require that only a temporary Certificate of Occupancy (C.O.) may be issued for early model homes, and that a final Certificate of Occupancy may only be issued upon issuance of a Certificate of Completion for the subdivision (or subdivision phase). 5. Identify the (minimum) required infrastructure improvements that must be provided for early home starts (models and non -models) in a PD. "Ordinance #6" - Medical District Side Yard (Setback) Requirements: The current LDRs allow a zero foot (0') side yard (setback) within the CL, Limited Commercial; CG, General Commercial; and CH, Heavy Commercial zoning districts if the project site abuts a nonresidential use with interconnected parking and an approved access easement. The proposed change will allow the same 0' side yard (setback) in the MED, Medical zoning district under the same circumstances (i.e. the project site abuts a nonresidential use with interconnected parking and approved access easement). Essentially, the proposed change will make the MED district consistent with several other commercial districts for this specific provision, and could allow for a more efficient site design for medical buildings and/or medical complexes, especially on small development sites or redevelopment sites, as that allowance currently provides at office and retail projects in the CL and CG districts. The reduced side yard (setback) accommodates shared access between sites and allows increased building envelope flexibility that in practice within the CL and CG districts has provided increased opportunities for tree preservation. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt all six ordinances amending Chapters 911, 912, 913, 914, 915, and 972 of the County land development regulations. ATTACHMENTS 1. Excerpt from Draft August 23, 2018 PZC Minutes 2. Resolution Establishing the Committee 3. Ordinance #1 - Affidavit of Exemption (AOE) Review and Approval Process 4. Ordinance #2 - Final Plat Review and Approval Process 5. Ordinance #3 - Master Lot Drainage Plans for New Subdivision Projects 6. Ordinance #4 - Affordable Housing Conceptual Plans 7. Ordinance #5 - Early Model Homes on Subdivision Construction Sites 8. Ordinance #6 - Medical District Side Yard (Setback) Requirements 102 M onsi _era io�2ari'delopmen g gul_a ion_ L -DR amen men s__ o p ers��; g��; 91�"5; g7� a�icn �7 Le 7g- inhe�di avi o xem ion ADE)an ina �FhP1a eview rova an "7appf rocess, (1171aster LDrainage Plans7or NewS 15 ivision Projects; ANordaMe ousin oncep ua ans, aril oo el omes on (�ub�ivision ons ruc ion i es,eview an approva rocess or aces ooD ors�iipJ-f ledical"6isgfric Sine yar aback -R s. ([LegisfaTive]) MI _ r Ryan weeney revie-the seco�icn ins�aflmen o propose E6R) amen men s_ ha _dare deiail'e�-inhe_PZ AgennePace as recommen edlb� Off -e-Developmen eview 9" Permi rocessommi ee and-Siaff-Re gave a (Commissioners recommendthat fhe BCS a gpal1 seven--67-enamending) mph ters O-1g7Tand-372 o57�he�oun L"DRregulations. [t✓irman_Polackwich opened=ihe pub�iic hearifi w— embody rom Offe- audience came _forwar ,_procee ed -o c Ugs6-the heanng. (6N-MOTIZ3N-BY"M-f. Brognano,-SEC-GTTDD-EU-BY-M1 51ilrop, the mem ers vo e -c unanimously �7-M= approve staft recommendations onthis Legislative maWE Commissioner's Matters There were none. Planning Matters The commissioners briefly discussed the Planning Information Package. Mr. Stan Boling that there would be a meeting on September should be expected. Adjournment topic of driverless cars from the stated that while it was unlikely 13th, a September 27th meeting There being no further business, the meeting adjourned at 7:48 p.m. 103 RESOLUTION NO. 2017- o7o A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RiVER COUNTY, FLORIDA, ESTABLISHING THE DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE, WHEREAS, Indian River County experienced a significant reduction in development, especially single family subdivisions during the recession beginning in 2008; and WHEREAS, the effects of the recession resulted in layoffs and staff reductions by the County and developers alike; and WHEREAS, the last few years have seen a steady increase in commercial development and construction of single family subdivisions and homes in the County; and WHEREAS, on April 12, 2017, a Development Review and Permit Process Workshop was held and the three main topics of discussion were the review of landscape requirements, use of Temporary Suspension pf Compliance provisions, and review of Development Review fees for Community Development and Public Works departments in association with increasing staffing levels and quicker review time frames; and WHEREAS, on May 2, 2017, the Indian River County Board of County Commissioners directed staff to evaluate the three topics and report back to the Board; and WHEREAS, at their meeting of June 20, 2017, staff reported back to the Board and the Board discussed the various topics addressed at the workshop. After hearing from staff and receiving input from developers and interested parties in attendance, the Board directed that a committee of limited duration and focused mission be created to further study, advise, and make recommendations to the. Board concerning the main topics discussed at the workshop; and' WHEREAS, County staff and the development community seek to work together to discover ways that can improve and streamline the development review and permit process for all parties involved; and WHEREAS, Indian River County has a knowledgeable group of professionals who could serve and work with the committee to provide valuable input, helpful suggestions and advice to the Board concerning betterment of the development process; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY P:iAmomeyVBill\Community bevelopement\Commin=\Pmnitting and developmgnf advisory commitice resdiudon.doc 104 RESOLUTION NO. 2417- 070 COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,.that: 1. ESTABLISHMENT. The Indian River County Development Review and Permit Process Advisory Committee is hereby established. 2. MEMBERSHIP. The Development Review and Permit Process Advisory Committee shall have eleven to thirteen voting members appointed by the Board of County Commissioners, Each Commissioner is charged with the duty of appointing two members: one member shall be from the building and development community and one member from the community at large, but preferably knowledgeable with respect to some aspect of building and development. The eleventh through thirteenth members shall be at large members selected by a majority of the Commission, Members must reside, work or own property in Indian River County. 3. DURATION OF COMMITTEE AND TERM OF OFFICE. The Development Review and Permit Process Advisory Committee shall automatically be sunsetted one year from the date of its first meeting or completion of its tasks for the Board, whichever occurs first, and the term of office for each member shall terminate at that time. The duration of the Committee may be extended by the Board and the term of office for the members shall be extended accordingly, 4. POWERS AND DUTIES: The Development Review and Permit Process Advisory Committee shall have the power and duty to: a. Identify issues and adopt recommendations for improving and streamlining aspects of the development review and permit process including use of technology and automation. b. Review landscape requirements found in Chapters 926 and 934, Code of Indian River County and advise the Board concerning ordinance amendments to the County's landscape regulations. c. Consider amending Chapter 902, Temporary Suspension of Compliance provisions, Code of Indian River County, and submit recommendations on proposed changes to the Board of County 2 105 RESOLUTION NO.. 2017 o7o Commissioners. d, Review of Development Review fees for the Community Development and Public Works departments. e. Reserved for additional powers and duties as decided by the Boa rd. 5. ADVISORY STATUS. The Development Review and Permit Process Advisory Committee shall be advisory only and the members shall serve without compensation. S. GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to advisory boards and commissions shall apply to this Committee. The Committee shall elect from among its _voting members a chairman and a vice chairman at its first meeting. If the term of the committee requires it, each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 7. MEETINGS, Meetings shall be held as decided by the Committee in coordination with County staff. A meeting may be called at the request of the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, staff or any Committee member may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under "Public Discussion Items" or under "Departmental Agenda Matters" with the concurrence of staff. 8. CONS ULTANTNENDOR CONTACT. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. 3 106 RESOLUTION NO. 2017- om The resolution was moved for adoption by Commissioner solar_ __, and the motion was seconded by Commissioneran and, upon being put to a vote., the vote was as follows: Chairman Joseph E. Pleschei Y Vice Chairman Peter D. O'Bryan —AYE Commissioner Susan Adams A Commissioner Bob Solari, AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution duty passed and adopted this 11th day of July, 2017. INDIAN RIVER COUNTY Board of County Commissioners Attest: Jeffrey R. Smith, Clerk Of the Circuit Court and Comptroller By 8� ���_ s E. Flescher, Chair, Term Collins -L.` st&r, Deputy Clerk Approved as to form.and legal BCC approval date: sufficiency. &/Z- - X 2 William K. DeBraal Deputy County Attomey 4 107 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 912 SINGLE-FAMILY DEVELOPMENT, AND CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTIONS 912.06(1), PROPERTY "BUILDABILITY"; DETERMINING IF A PARCEL CAN BE BUILT UPON; 913.06(4), COMPLIANCE REQUIRED; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 912, SINGLE-FAMILY DEVELOPMENT AND CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Section 912.06. Property "buildability"; determining if a parcel can be built upon. No property may be built upon unless it was legally created, in conformance with the subdivision ordinance (Chapter 913) and the applicable zoning district lot dimensional standards found in Chapter 911, Zoning. (1) Determination of legal parcel creation. A parcel shall be determined to be legally created in compliance with the regulations of this chapter if the parcel meets one or more of the following: (A) The parcel was created under an applicable exemption set forth in section 912.06(2) below; or (B) The parcel is part of an approved subdivision plat recorded in the official plat book sections of the public records; or (C) The parcel was created as part of an approved affidavit of exemption as provided for in the affidavit of exemption section 913.06(5) ; or (D) The parcel was created in such a manner that does not constitute an unlawful activity as specified in section 912.06(3) below; No building permit shall be issued for construction of any improvements on a parcel that was not legally created in compliance with these regulations. SECTION #2: Amend LDR Section 913.06(5), Affidavit of exemption; as follows: (5) Affidavit of exemption. An affidavit of exemption from certain requirements of section 913.08 may be applied for in conjunction with proposals to create parcels containing more than two hundred thousand (200,000) square feet. 108 (A) All affidavit of exemption application/requests shall be exempt from the following portions of section 913.08 (Required Improvements): 913.08(1)(A) --Streets 913.08(1)(C) --Utilities systems 913.08(1)(D) -Erosion control provisions 913.08(1)(E)--Stormwater and floodwater management system according to Chapter 930 913.08(1)(F} -Street signs and traffic control markings and signs 913.08(1)(G) --Permanent control points 913.08(2)(A) --Bikeways 913.08(2)(B) --Sidewalks 913.08(2)(C) --Alleys 913.08(2)(D) --Buffering facilities and areas 913.08(2)(E} -Fire hydrants 913.08(2)(F} -Parks and recreational areas and facilities (see section 913.09(20) 913.08(2)(H) -Curbing 913.08(2)(I) -Street lights 913.08(2)(K) --Bridges and culverts when necessary 913.08(2)(L) -Filling and drainage as necessary 913.08(2)(M) -Traffic control devices as necessary 913.08(2)(N) -Header curbs 913.08(2)(R) --Transportation system improvements (off-site and on-site) (B) The following required improvements/design standards shall apply to all affidavit of exemption application/requests: 913.08(1)(B) --Easements 913.08(1)(H) -Rights-of-way 913.08(1)(I) --Trees and vegetation protection 913.08(2)(G) --Beach access structures and areas 913.08(2)(0) --Native vegetation preserve areas 913.08(2)(P) --Environmentally sensitive land preserve areas 913.08(2)(Q) -Emergency access 913.08(2)(S) --Marginal and limited access easements 913.08(2)(T) --Other provisions as may be required by land development regulations. Right-of-way width and dedication standards and requirements shall apply to affidavit of exemption application/requests. 2. No platting is required unless it is necessary to provide road right-of-way frontage for the proposed parcel(s). (C) 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of twenty (20) or more parcels. Any proposal to create twenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a 109 subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. 2. Each parcel resulting from the proposed division of land shall contain five (5) or more acres, except as allowed below. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision. 3. if the deye , pef eleets to divide the is-na by filing ., plat,or- ;If road right-of-way is to be created, all requirements of this chapter 913 shall be complied with except for those requirements or provisions specifically exempted in section 913.06(5)(A). 4. The applicant shall deed by donation to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width. required by section 913.09(3)(B). 5. Where a common area or private road right-of-way is created, the owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights-of-way to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The plat or recordable man and declaration of restrictions shall contain the following language in bold type: "The common areas and rights-of-way are not dedicated to the public and will not be maintained, repaired or improved by the county." 6. The owner shall file a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than two hundred thousand (200,000) square feet in size unless such division is accomplished by filing a plat approved by the county and meeting all standards required of subdivisions under this chapter. 7. The owner shall file an "affidavit of exemption" plat or recordable map and any associated recordable documents in the public records prior to dividing the land which shall contain: a. A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements; b. The official book, or plat book, and page number of official records of Indian River County where the items required in paragraphs 3, 4, 5, and 6 may be found; and 110 The approval of the public works and community development directors and the county attorney's office. d. When the developer is not required to plat, as allowed by section 913.06(5)(B)2, the "Affidavit of Exemption" layout shall be prepared by a registered surveyor on a 24" by 36" recordable map in a form acceptable to the County Surveyor and County Attorney's Office. e. The review timeframes and process for an affidavit of exemption application shall follow the same timeframes provided for a preliminary plat application [reference section 913.07(4)(f)l. L It shall be the obligation of the applicant to have the appropriate approved affidavit of exemption documents, including a plat or recordable map, recorded in the public records. (D) Application process for affidavit of exemption. All applications for affidavits of exemption shall comply with the applicable procedural and informational requirements of section 913.07(3), "formal pre -application conference" and shall be reviewed and approved by the technical review committee (TRC). SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause. or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following vote: 111 Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 112 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.07(5)(A) AND SECTION 913.07(6)(B) AND SECTION 913.07(6)(D) AND SECTION 913.07(6)(F)3 AND SECTION 913.07(6)(F)7 AND SECTION 913.07(6)(G) SPECIFICALLY; AND SECTION 913.10 SPECIFICALLY; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 913.07(5)(A); as follows: (5) Land development permit. The land development permit is the instrument authorizing the developer to proceed with land improvements as specified in the approved plans and specifications set forth in the application and shown on the approved preliminary plat. (A) Procedure. After TRC approval of the preliminary, plat (at the time the preliminary plat is scheduled for planning and zoning commission consideration and approval), an applicant may apply for a land development permit. No construction may commence until the applicant obtains a land development permit or land development permit waiver. The public works director is hereby authorized to waive, in writing, the requirement for a land development permit, where no improvements delineated in section 913.09 are required or where a required improvement(s) can be provided via another application and review process. No land development permit waiver may be issued unless an initial concurrency certificate has been issued, or concurrency acknowledgement form recorded, for the project portion to be covered by the waiver. After issuance of a land development permit or land development permit waiver, an applicant shall choose one (1) of the following options for obtaining final plat approval. I a-.- Option 1: Prior to final plat approval, the applicant_ ^ nstfuets al required improvement ^„a • Completes Utility Service's Bill of Sale checklist to the satisfaction of the Utility Services Director; and • Obtains a determination from the Public Works Director in coordination with the Utility Services Director that a certificate of completion and bill of sale for water and/or sewer utility improvements are ready to issue upon Board of County Commissioners approval of the final plat; and 113 • Enters into a warranty maintenance and bill of sale agreement in accordance with Subdivision Ordinance section 913.10. 1-.-2. Option 2• Prior to final plat approval, the applicant: • Constructs at least seventy-five (75) percent of all required improvements, based upon the cost of improvements; and • Enters into a contract with the county for the applicant to construct the remaining required improvements, in accordance with Subdivision Ordinance section 913.10; and • Posts security to guarantee the contract, in accordance with Subdivision Ordinance section 913.10; and •--QW-Rifts --A eei4ifieate--of eamzpletion €erthe—eenstfueted required - Note: after completion of the required subdivision improvements, the applicant shall complete Utility Service's Bill of Sale checklist, enter into a warranty maintenance and bill of sale agreement and post security to guarantee those items in accordance with subdivision ordinance section 913.10. SECTION #2: Amend LDR Section 913.07 (6)(B); as follows: 114 Pir M Map IRWM. INT 2Rum SECTION #2: Amend LDR Section 913.07 (6)(B); as follows: 114 (6) Final plat. (B) Procedure. No final plat application shall be submitted for approval prior to the issuance of land development permit or land development permit waiver. The final plat application shall be submitted on a form furnished by the planning division and shall be accompanied by: The appropriate filing fee; A certified cost estimate, when required in conjunction with a construction contract or maintenance agreement. The certified cost estimate shall be prepared by the developer's engineer and shall include the cost of surveying, engineering and construction of all required improvements except that surveying and engineering costs shall be excluded from a certified cost estimate prepared for a maintenance agreement. A cost estimate, when required, shall be prepared in substantially the following form: CERTIFICATE OF COST ESTIMATE I, , A Florida registered engineer, License No. , do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate for said improvements is $ . This estimate has been prepared, in part, to induce approval by the county of a final plat for the Subdivision, and for the purpose of establishing proper surety amounts associated therewith. (Signature) (Name, Florida Registered Engineer License No. 1 (AFFIX SEAL) or the actual contract price(s) may be substituted for the engineer's cost estimate. For residential subdivisions, contracts for construction of required improvements shall be limited to twenty-five (25) percent of all required improvements, based upon the cost of improvements. [Note! the pr-evision in the pr-eeeding sefftenee shall apply to all-eemplete final plat applieatiens-r-eeeivedafter- ane 15, 2005 and-tea'-�� pr-ejeets for- whieh tie land develepment pefmit appheation was filed by Mar -eh 15, 2005 All final plats-aper-aved after- September- 20, 2005 shall eamply with mese Seetien 1" ehanges,regardless of the -date -a-ee lete final appheation was fied4 3. A draft contract for construction of remaining required improvements in a form acceptable to the County Attorney and proposal for appropriate Apprep security for required improvements as specified in section 913.10 of this chapterunless a Emote -of eempletion has-been issued bythe eap 115 development division if platting is proposed to occur prior to completion of required improvements; 4. Ten (10) copies of the final plat drawing showing required information and certifications; 5. A draft warranty and maintenance and bill of sale agreement in a form acceptable to the County Attorney and proposal for appropriate security Seeufi�,, for maintenance of and bill of sale for improvements meeting the requirements of section 913.10 of this chapter when ^ eei4 {'^^*^ of eemplefien has been issued; and encs are dedioated to the eountyif platting is proposed to occur after completion of required improvements; 6. A copy of the property owners' association documents which accept the responsibility for maintenance of all private streets, rights-of-way, easements, recreation areas, stormwater management facilities or other improvements; 7. A copy of the final protective covenants and deed restrictions, where such covenants and restrictions are required or established by the applicant; 'Md 8. All applicable informational requirements of subsection 913.07(6)(D) and (E) of this chapter; and 9. Written confirmation from the developer's surveyor, submitted on a form provided by the Public Works Director, that the final plat submittal conforms with all code requirements outlined on the "Final Plat Checklist" provided by the County Surveyor. The community development director or his designee shall determine whether or not a final plat application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The final plat application shall be valid for a period of two (2) years from the date it is filed with the planning division. The community development director or his designee may grant a one-year extension of the application. SECTION #3 Amend LDR Section 913.07 (6)(D); as follows: (D) Information required, (all information as required in Chapter 177.091, FS). The final plat shall contain: 1. A title block; 2. The name of the proposed subdivision which shall not duplicate nor closely approximate the name of any other existing subdivision in the county. If the plat is an addition to an existing subdivision, it shall bear the same name as the existing subdivision. For planned developments, plats shall contain "PD" within the title; 3. The name of the county and state; 116 4. The legal description; 5. The date of preparation of the final plat and of any revisions; 6. A prominent "north arrow" on each sheet showing any portion of the subdivided lands; also, the reference bearing or azimuth in the notes or legend; 7. The scale stated and graphically illustrated on each sheet; 8. An index sheet on page one showing the entire subdivision and indexing the area shown on succeeding sheets. Each sheet must show the particular number of the sheet and the total number of sheets as well as clearly labeled match lines; 9. The point of beginning shown together with the letters P.O.B. in bold letters when a point of beginning is used in the legal description; 10. a. The initial point in the description shall be accurately tied to the nearest government corner, and a second point shall be tied to a second government corner. A certified corner record must be submitted to the county surveyor and to the department of environmental protection for each such corner, in accordance with Florida Statutes Section 177, Part III; b. Ties to at least two (2) Indian River County Horizontal Control Network (IRCHCN) monuments shall be provided if any portion of the site to be platted is within one (1) mile of one (1) such monument. This requirement shall not apply to areas covered by a valid, preliminary plat approved prior to June 1, 1995. Where such ties are required, state plane coordinates shall be shown on the certified corner records. This requirement to tie into the IRCHCN may be waived by the county surveyor for subunits or replats of plats that have already been tied into the IRCHCN. c. Ties to government corners and to IRCHCN monuments shall conform to FGCC Third Order Class I standards and shall be so certified on the face of the plat under the certificate of surveyor. 11. A location sketch showing the existing zoning and land use classification of the subject site and of the adjacent property; 12. All adjacent property identified by the subdivision name, plat book and page number; if not platted, so state; 13. Boundary lines of the subdivided tract shown as a heavy line; 14. County and city limit lines within or abutting the tract; 15. Permanent reference monuments and permanent control point locations as prescribed in Chapter 177, Florida Statutes, and installed prior to submission of final plat; 16. Survey data including all pertinent dimensions; 17. Lot and block identification. Each lot and each block shall be identified; 18. Street names; 117 19. The location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat by bearing and distances; 20. "Not included" parcels to be labelled "not a part of this plat"; 21. The intended use of all reserved areas shall be shown on the plat; 22. All areas within the plat boundaries labelled as either lots, rights-of-way, or tracts. The use and maintenance responsibilities of all tracts shall be noted on the plat; 23. All easements including limited access easements shall be graphically depicted and dimensioned; 24. The following statements shall be noted on the plat in a prominent place: "Notice: No construction, trees or shrubs will be placed in easements without county approval," "Notice: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county"; "Notice: Routine maintenance (e.g. mowing, etc.) of easements shall be the responsibility of the lot/property owner(s) and not Indian River County," and "Notice: Property owners are prohibited from planting any Caribbean fruit fly and Asian Citrus psyllid (citrus greening) host plants as specified herein and are required to remove the same if any exists: Cattley Guava, Common Guava, Loquat, Rose Apple, Surinam Cherry, Orange Jasmine, and Chinese Box Orange." 25. An thfee ineh by five ineh eight inch long by two and one-half inch tall space with a minimum four inch long line for the Clerk's file number (CFN) shall be provided in the upper righthand corner of each sheet to be used by the clerk of the circuit court for recording information. The following shall be depicted within said space: PLAT BOOK: PAGE: DOCKET NUMB CLERK'S FILE NUMBER (CFN): 26. No strip or parcel of land reserved by the owner unless it is of sufficient size to be of some particular use or service or is environmentally sensitive; and 27. The boundary of the final plat having a mathematical error of closure not greater than .01 foot. Any plat undertaking to establish a local tidal datum and determine the location of the mean high water line or mean low water line shall comply with the notification requirements of Florida Statutes Section 177.37; 28. All subdivisions abutting the Atlantic Ocean shall provide a note on the final plat which states that individual or shared private beach accesses, must comply with all standards of Chapter 932. 118 29. Information required by applicable Chapter 971 regulations for either "subdivisions with special sideyards" projects or "small lot single-family subdivision" projects. SECTION #4: Amend LDR Section 913.07 (6)(F)3; as follows: (F) Certifications. Certificate of title. A title certification shall appear on the face or first page of each plat and shall state: a. The lands as described and shown on the plat are in the name of, and apparent record title is held by, the person, persons, or organizations executing the dedication; b. That all taxes have been paid on said property as required by Section 197.192, Florida Statutes, as amended; and c. The official record book and page number of all mortgages, liens, or other encumbrances against the land, and the names of all persons holding an interest in such mortgage, lien or encumbrance. The title certification shall be an opinion of a Florida attorney-at-lawe eei4i f ,.atia.. o f a ..�.s,.aetor- title insur-anee ee"aayliee se to do busines ; V V1 L111VUL1 Vll Vl Ull UVJLl UV Perida. The county reserves the right to require that the title certification be brought current at the time of final plat approval. SECTION #5: Amend LDR Section 913.07 (6)(F)7, as follows: 7. Clerk's certification. State of Florida County of Indian River W" OWN Mer. M 119 I, [Clerk's name], Clerk of Circuit Court and Comptroller of Indian River _County, Florida, do hereby certify that I have examined this plat of [subdivision name] and that it complies with all the requirements of Chapter 177 of the Laws of Florida, as amended. This plat filed for record this day of and recorded in Plat Book Page , Clerk's File Number (CFN) , in the office of the Clerk of the Circuit Court and Comptroller of Indian River County, Florida. [Clerk's name], Clerk of Circuit Court and Comptroller of Indian River County, Florida By: Deputy Clerk SECTION #6: Amend LDR Section 913.07 (6)(G), as follows: (G) Review of final plat documents. The community development director or his designee shall schedule all applications. for review by the TRC, in the same manner as stated in section 913.07(4)(F). The ,.'o,.k of,.,.,,..t and , n. y sttfveyef must review fflylar-s pr -to 1. During review of a final plat submittal, if the County Attorney's Office reviewer and/or the County Surveyor determine after a partial review that the submittal is grossly deficient in meeting code requirements, then the County Attorney's Office reviewer and/or the County Surveyor, in coordination with the reviewing county planner, may issue a "stop review" determination and require the applicant to prepare a new submittal for a second Technical Review Committee review and meeting agenda. 2. Prior to scheduling a final plat for action by the Board of County Commissioners, the Clerk of Court and County Surveyor must review the final plat mylar for compliance with applicable codes and statutes. SECTION #7: Amend LDR Section 913.10, Security for construction and for maintenance of required improvements, as follows: (1) Construction security. (A) When construction of required improvements is to be completed following final plat approval, the developer shall, at or prior to final plat approval, execute a contract for 120 construction of the required improvements and post security in an amount equal to one hundred twenty-five (125) percent of the estimated total cost of required improvements remaining to be constructed. Fee -r- -^siaten-iia subd visiefis fftfaets f r ^ ^stfUetiel ^� required impr-evemen4s shalwed to w ) pe feeRt of all r-e"ir-ed —1 -1 --fits, based upon the estimated eost of . (B) The contract shall be on a form provided by the county and shall obligate the developer to complete all "bondable" required improvements and all other improvements shown on the land development permit (unless the improvement is shown on the land development permit as not required and optional) in accordance with the land development permit, the approved plans and specifications, and county development regulations and standards, within a period of one (1) year from the date of final plat approval. Sidewalks may be bonded -out for multiple years in accordance with subdivision ordinance section 913.09(5). (C) The estimated total cost of improvements remaining to be constructed shall include survey, engineering and construction costs and shall be approved by the Public Works Director after review of an itemized cost estimate prepared and certified by the developer's engineer, or an actual contract price or portion thereof for the work remaining, if available. (D) The security posted to guarantee performance of the contract shall expire, if at all, no less than ninety (90) days beyond the last date for performance established by the contract, or any extension thereof. The security shall run in favor of the board of county commissioners, must be in a form acceptable to the county attorney, and may be either: 1. Cash and a cash deposit and escrow agreement governing control and use thereof; or 2. An irrevocable letter of credit (issued by a financial institution authorized to conduct business within the state). (E) For good cause shown, the board of county commissioners may in its discretion grant one (1) or more extensions of time for performance of any contract for required improvements, provided the security supporting such contract remains valid for the required ninety -day period following the newly extended time for performance. (F) No certificate of occupancy for residential occupancy for any structure within a subdivision shall be issued until a certificate of completion has been issued for all required improvements, including required buffers, of the subdivision serving the residence, with the exception of sidewalks fronting lots rather than common areas, and any final lift of asphalt in excess of the amount required by county development regulations as of the date of issuance of the land development permit for the subdivision. Prior to issuance of a certificate of completion, the required code minimum layer of asphalt must be in place or the developer shall provide to the county either an irrevocable letter of credit or cash escrow in the amount of one hundred twenty-five (125) percent of the estimated cost of the final lift including striping and resetting survey PCPs, as certified by the developer's engineer and approved by the eounty eaginee Public Works Director. Security for a final lift of asphalt shall be by contract for construction of final lift of asphalt and either an irrevocable letter of credit or cash deposit and escrow agreement. The final lift of 121 asphalt must be installed prior to two (2) years from project's certificate of completion; prior to issuance of a certificate of occupancy for the last residence within the subdivision (or a separately platted phase of a subdivision); or sixty (60) days prior to turnover to a homeowners' association, whichever occurs first. (G) As a voluntary option for posting security, a developer may post a letter of credit that initially secures a contract for construction of remaining required improvements and later, at the time a certificate of completion is issued, is simultaneously released as construction security and re -designated as security for warranty and maintenance obligations. At the time of re -designation the amount of security may be reduced if approved by the Public Works Director in coordination with the Utility Services Director. Warranty and maintenance and Bill of Sale obligations secured under this option shall include water and sewer improvements as approved by the Utility Services Director. This security option shall be executed on forms and agreements acceptable to the County Attorney and shall be subject to the construction security and maintenance security regulations of section 913.10. (Gff) The board of county commissioners may charge fees to process requests to extend, modify, or substitute security and contracts for construction. Said fees shall be established by a formal resolution of the board of county commissioners. (2) Maintenance security (A) Prior to issuance of a certificate of completion for required subdivision improvements, the developer shall execute either a warranty and maintenance agreement as provided in subsection (B) below or an agreement to defer the warranty and maintenance agreement and posting of maintenance security as provided in subsection (C) below. In conjunction with the execution of a warranty and maintenance agreement, the developer and/or its contractor shall provide security guaranteeing the required road and drainage improvements against all defects in workmanship or materials for the period of one (1) year from the date of issuance of the certificate of completion. The one-year maintenance period commences at the time the certificate of completion is issued and not when the final lift of asphalt is applied in the event a final lift of asphalt is secured by either an a separate irrevocable letter of credit or cash escrow rather than installed. (B) The warranty and maintenance agreement shall be on a form provided by the county attorney's office and shall be secured by an amount equal to twenty-five (25) percent of the total actual cost of the improvements covered as approved by the Public Works Director and, if covering water and/or sewer improvements for a Bill of Sale, as approved by the Utility Services Director. Three (3) months prior to the end of the maintenance period, the project engineer shall accompany the public works department on an inspection of the required project road and drainage improvements. Based on the inspection, the public works department shall determine if the required road and drainage improvements are properly functioning and in good repair or if deficiencies exist that require correction. If deficiencies are found and are not corrected by the end of the 122 guarantee period, the Board of County Commissioners may call upon the maintenance security as provided below in subsection 913.10(3). Maintenance security shall be either: 1. Cash and a cash deposit and escrow agreement governing control and use thereof; or 2. An irrevocable letter of credit issued by a financial institution authorized to conduct business within the state; or 3. A maintenance bond underwritten by a security insurer with an A.M. Best's rating of A -VI or greater and authorized to transact such business in this state. The posted security shall expire, if at all, no earlier than ninety (90) days following the end of the guarantee period. Security for required road and drainage improvements shall run to the benefit of Indian River County. Prior to the county maintenance inspection of required road and drainage improvements, the county shall notify subdivision residents of the inspection. Notice may be provided by sign posting, mail, flyers, or advertisement. At the end of the guarantee period, the public works director may release the posted security under the terms of the warranty and maintenance agreement which shall require certified inspection reports under seal from the developer's engineer and a determination from the Public Works Director that required road, drainage, and sidewalk improvements meet applicable county performance standards. (C) The developer (owners) and the county may agree to defer execution of a warranty and maintenance agreement and posting maintenance security at the time of issuance of a certificate of completion if the following criteria are met: 1. The road and drainage improvements that are the subject of the deferral are not needed to serve existing project residents. 2. The developer (owners) defines the "deferral area" and agrees to not sell any lots/units or obtain any building permit for construction within the deferral area until a warranty and maintenance agreement is executed and maintenance security is posted for road and drainage improvements within the deferral area. 3. The agreement is in a form acceptable to the county attorneys office, and is structured as a covenant that cannot be terminated or modified without county approval. 4. The agreement/covenant is recorded in the public records. (3) Failure to perform. In the event a developer and/or its contractor fails to perform the obligations for construction or maintenance required under the above referenced agreements, the board may call upon the surety provided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improvements, the developer shall remain liable to the county for any resulting deficiency. The county is not responsible to complete any subdivision with county funds. 123 (4) Release or reduction of security. (A) No construction security shall be released until a certificate of completion has been approved by the public works director, or his designee and security for maintenance has been established as required above. (B) Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the public works director after completion of any distinct and separate phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the public works director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvement. Formal acceptance shall occur as provided elsewhere in this chapter, and only upon establishment of proper maintenance security, where required. (C) There shall be no reduction in the amount of security posted for residential subdivisions except for sidewalk improvements as provided in section 913.09(5)(b)2.c. (5) Security for municipalities. If the applicant is required to construct a public system which will be accepted by a municipality, the applicant shall furnish the municipality such security as the municipality may require, including security for both performance and maintenance of the system. Furthermore, prior to final plat approval, the applicant shall furnish to the planning department, evidence from the municipality that its requirements have been satisfied. SECTION #8: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #9: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #10: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 124 SECTION #11: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney 125 APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 126 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.07(5)(B) SPECIFICALLY; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 913.07(5)(B); as follows: (5) Land development permit. The land development permit is the instrument authorizing the developer to proceed with land improvements as specified in the approved plans and specifications set forth in the application and shown on the approved preliminary plat. (B) Plans and specifications required for land development permit. The applicant shall furnish to the public works director or his designee the construction plans and specifications designed in accordance with the approved preliminary plat and the requirements of this chapter for the construction of all improvements. The applicant shall also furnish a complete land development permit application form as furnished by the public works department, and shall submit the review fee established by the board of county commissioners by resolution. The applicant must have obtained and shall submit copies of all jurisdictional agency permits, and all utility permits and franchises required by the Indian River County utility division prior to the issuance of a land development permit. All construction plans and specifications must be prepared, signed and sealed by a professional engineer who is registered in the State of Florida. Engineering calculations and tests in support of any of the proposed plans and specifications may be required. The drawings and required information shall be so complete that review and analysis can be made from them without research of any outside data. Five (5) copies of the plans shall be submitted on twenty -four -inch -by -thirty -six-inch sheets unless another size is approved by the county public works director, and shall contain, but shall not be limited to: 1. A cover sheet, including a location map; 2. Complete details including water, sewer, and storm drainage system. The proposed general location of wells and septic tanks shall be in conformity with the requirements of the Indian River County health department and all state and local ordinances; 3. A master stormwater management and flood protection plan and complete calculations and exhibits as required by Chapter 930; 127 a. A master lot drainage plan for all single-family lots showing at a minimum finish lot grades at four (4) lot corners and two (2) side lot line mid -point locations, and showing finish floor elevation for the house pad and elevation of typical adiacent accessory structures such as lanai, patio, and pool. 4. Construction details showing compliance with county standards or alternate design as approved by the county public works director; 5. Special profile sheets, if necessary, showing special or unique situations; 6. Benchmark location, based on North American Vertical Datum 1988 (NAVD88); 7. Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed, when required by the public works director. Soil conservation service information may be used when available. Where impervious soils or muck are encountered, the plans shall reflect a satisfactory design to cope with such conditions; 8. The plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as: a. Required compliance to the subdivision requirements; b. Where applicable, required compliance with state standards as currently adopted and in use; c. Minimum standards for materials; d. Test requirements for stabilization, base and backfill; e. Source of water and sewer services; f. Traffic -control devices and pavement markings. 9. The plan and profile of each proposed street and improvement to existing streets such as deceleration or turn lanes (indicating the existing ground surfaces and proposed street grade surfaces including extensions for a distance of fifty (50) feet beyond the tract boundary) with tentative finished grades indicated, and lot grading plan and including easement work, clearing and grubbing, and structural details of facilities in right-of-way; 10. Atypical cross-section of each type of proposed street or bikeway, showing the width of pavement, the location and width of sidewalks, where required, and right-of-way; 11. Proposed erosion control facilities and the limits of earthwork construction, both as to final construction and for protection during construction; 12. Plans for street lighting landscaping, parks, recreational areas and parking area. The plans shall have applicable approvals of all governmental agencies which are affected by the construction and have jurisdiction; 13. Projects engineered by more than one firm shall be coordinated by a single engineering firm or an engineer of record appointed by the developer; 128 14. A certificate from a surveyor registered in the State of Florida that a permanent or temporary reference marker has been located in the public right-of-way at a corner point of the subdivision near the entrance way of the proposed subdivision. The reference marker shall be identified on the plat of the subdivision and shall be used to establish the grade level for all improvements in the subdivision; 15. Where the design of the subdivision includes man-made canals or waterways, plans of the proposed construction will be included and shall indicate: a. All bulkhead lines; b. Detailed cross-sections showing existing and proposed depths; c. Location of hard pan, muck or other unique soil conditions; and d. Details of bulkhead construction. 16. Developer shall submit to the community development department copies of the applications to or permits from all other permitting agencies that are applicable to the project. 17. The land development permit drawings shall depict all proposed site improvements associated with the subdivision project. Amenities that are shown but not required by the county or other jurisdictional agencies shall be clearly labeled in bold print as "Not required, optional." SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE 129 This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of 1, 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 92018. :• Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 130 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REIVEW AND APPROVAL PROCEDURES; BY AMENDING SECTION 914.07, ADMINISTRATIVE APPROVALS AND MODIFICATIONS TO APPROVED SITE PLANS; AND SECTION 914.14(4), CONCEPTUAL SITE PLANS, SUBMITTAL AND INFORMATIONAL REQUIREMENTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 914, SITE PLAN REIVEW AND APPROVAL PROCEDURES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 914.07 - Administrative approvals and modifications to approved site plans by creating sub -section 914.07(1)(c); as follows: (1) [Generally.] Administrative approvals apply to all uses which require site plan approval under section 914.04 of this chapter. The intent of the Administrative Approval process is to provide a mechanism for minor alterations to the condition of a site or structure or the establishment of minor facilities and structures. (a) Threshold. Administrative approval is required for additions, removals or alterations, or the establishment of a new facility or structure to a project site, which constitutes an increase of less than one thousand five hundred (1,500) square feet of new impervious surface. (b) Administrative approvals may be required for other types of structures or site modifications, when specifically required in other sections of the land development regulations. (c) Conceptual administrative approvals may be obtained in order to satisfy the conceptual site plan approval requirements for affordable housing "grant" applicants seeking funding assistance. Conceptual administrative approvals shall be initially reviewed at a formal pre -application conference, if required, per Section 914.06(2), and then shall follow the administrative approval review procedures of Section 914.07(2). SECTION #2: Amend LDR Section 914.14(4) Conceptual site plans; submittal and informational requirements; as follows: 131 (a) The intent of the conceptual site plan and process is to approve the use, scope, level of intensity, and scale of the proposed project. Also, the concept plan may address and allow approval of specific and detailed, project -wide, design requirements (eg. drainage, landscaping, parking provisions) that satisfy applicable development regulations. Such plans may be approved for the level of detail covered by the site plan application, as reviewed and approved by staff. Approval of the conceptual plan shall vest the project in relation to county development regulations, at the level of detail of information and design indicated on the approved plans. The design of the overall project will be considered as it relates to general site plan requirements and any applicable specific review criteria contained in Chapter 971. Conceptual site plan applications may be submitted as requests for approval of special exception, administrative permit, or permitted uses. If a conceptual site plan request is approved, a separate and complete, "final" site plan application shall be submitted, reviewed, approved, and released (as specified in this Chapter 914), prior to issuance of a building permit for all or a portion of the development project. Conceptual site plan approval for affordable housing projects seeking funding assistance shall follow the conceptual administrative approval process outlined in Section 914.07(1)(c). SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan 132 Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. mm Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 133 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 972, TEMPORARY USES; BY AMENDING SECTION 972.08(1), SPECIFIC USES, STANDARDS AND REQUIREMENTS; CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.06(2), EXEMPTIONS; AND CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT; BY AMENDING SECTION 915.05, COORDINATION WITH OTHER REGULATIONS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 972, TEMPORARY USES, CHAPTER 913, SUBDIVISIONS AND PLATS, AND CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 972.08 - Specific uses, standards and requirements; as follows: (1) Model homes shall be an authorized temporary use and may be used as such, provided the following requirements are met: (a) Temporary permits for model homes may be issued for a period not to exceed one (1) year. The community development director may renew said permit upon application, provided that the model home has been constructed and operated in accordance with -the standards herein and conditions of the original permit. (b) All parking shall be provided off-street and a minimum of five (5) parking spaces shall be provided. Spaces must meet the size requirements of spaces as specified in Chapter 954, must be demarcated on-site, and must be paved or fully sodded or otherwise stabilized. (c) The permit holder may not use the model home as his or her principal place of business. The model home shall be used for display purposes only, and not as a contractor's office, real estate office, or annex thereof; however, price quotations may be given and binders may be executed on the premises. (d) Business activity may be conducted at the model home only between the hours of 8:00 a.m. and 7:00 p.m., seven (7) days per week; and not more than two (2) permanent employees (in addition to the owner thereof) shall be authorized to remain in the model during the business day. (e) The model home lot shall meet all district requirements for lot and yard dimensions, open space standards and all other applicable county regulations. 134 (f) All signs shall conform with Chapter 956 regulations; however, on -premises model home signs shall not be illuminated. (g) Model homes may be illuminated, but such illumination shall not cause a glare that infringes on neighboring properties or traffic using adjacent roadways. (h) At the time of application submittal, the applicant shall verify in writing that the proposed model home use is not prohibited by recorded private deed restrictions. In addition, the applicant shall provide contact information for any property owners association established for the subdivision in which the model home is proposed. (i) A temporary use permit may be issued for use of an "early" model home or homes (e.g. open to customers), prior to issuance of a Certificate of Completion, subject to the following criteria: (1) Prior to issuance of the temporary use permit, the following improvements shall be installed, inspected, and approved for temporary use by appropriate County staff: a. The road(s) abutting and providing access to the "early" model home lot(s) / site(s) shall have stabilized subgrade and road base material installed at the design thicknesses, and the base material shall be rough graded for access purposes. The access road(s) shall meet the requirements of Section 952.17. b. All stormwater inlets / structures must be connected to the retention / detention pond(s) to provide a functioning stormwater system for the model(s) and the road(s) serving- the model(s). c. Water for firefighting must be available per the requirements of Section 913.09(16), and must be approved by the County Fire Marshal or his designee and the Director of Utility Services or his designee. (2) Prior to the issuance of a Certificate of Occupancy, the "early" model home(s) must be connected to the County sewer system (when available) or an approved individual onsite treatment and disposal system. (3) If the applicant is applying for a "early" model home temporary use permit before the subdivision final plat has been approved and recorded, then the temporary use permit application shall include a metes and bounds survey and reference the proposed legal description (e.g. lot number) for the "early" model home lot/site. (4) The total number of "early" model homes allowed within a single-phase subdivision shall be at least two (2) units, and a maximum of five (5) percent of the total number of units in the overall subdivision. The total number of "early" model homes allowed within a multi -phase subdivision shall be at least two (2) units within the applicable phase, and a maximum of five (5) percent of the total number of units within the applicable subdivision phase. 135 (5) The Building Division may issue a temporary Certificate of Occupancy for "early" model homes for the sole purpose of public inspection and display (open to customers). A final Certificate of Occupancy for residential occupancy may be issued after a Certificate of Completion has been issued by the Public Works Department for the subdivision or applicable subdivision phase. SECTION #2: Amend LDR Section 913.06(2) Exemptions; by adding new subsection "(I)", specifically; as follows: (2) Exemptions. The following activities shall be exempt from the provisions of this chapter: (I) Construction of structures (includinz homes) prior to issuance a Certificate of Completion. Construction of structures, including homes, may commence prior to the issuance of a Certificate of Completion for the subdivision, or applicable subdivision phase, pursuant to the requirements of Section 972.08(i). SECTION #3: Amend LDR Section 915.05 — Coordination with other regulations; as follows: All projects shall comply with the adopted comprehensive plan and the regulations specified in this chapter. (1) All other land development regulations shall apply; however, in the event of conflict between this section and other zoning and subdivision regulations in the county, the provisions of this section shall prevail to the extent of such conflict. (2) In the event of conflict between this section and the building and safety codes of the county, the provisions of the building and safety codes shall prevail to the extent of such conflict. (3) Pursuant to section 915.15, waivers to various land development regulations may be approved by the board of county commissioners. In addition, the board may impose on planned development project approvals such other conditions or restrictions which the board feels necessary, notwithstanding that such restrictions or conditions may not be expressly provided for in the county's land development regulations. (4) Construction of structures, including homes, may commence prior to the issuance of a Certificate of Completion for the planned development, or applicable planned development phase, once all items identified in Sections 972.08(i)(1)a. through 972.08(i)(1)c. have been installed, inspected, and approved for temporary use by appropriate County staff. 136 SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of ; 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 12018. Peter D. O'Bryan, Chairman 137 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 138 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING; BY AMENDING SECTION 911. 10, COMMERCIAL DISTRICTS SUBSECTION (7) SIZE AND DIMENSION CRITERIA; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 911.10(7), Size and dimension criteria; as follows: (7) Size and dimension criteria: Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards MED CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement; 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR *Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent. 139 PRO OCR MED CN CL I CGCH Min. Lot Size sq. ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min. Lot Width ft. 100 100 100 100 100 100 100 Min. Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10 Max. Building Coverage % 35 40 40 40 40 40 40/50* Min. Open Space % 35 35 30 30 25 25 20 Max. Building Height ft. 35 35 35 35 35 35 35 Residential District Regulations RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8 Hotel and motel minimum square feet of land area per unit _ 1200 1200 - 1200 1200 - Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards MED CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement; 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR *Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent. 139 SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 92018. Peter D. O'Bryan, Chairman 140 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 141 September 18, 2018 10.A.1. 2nd Installment of Land Development Regulation (LDR) Amendments Recommended by the Development Review & Permit Process Committee (DRPPAC) and Staff Board of County Commissioners September 18, 2018 Summary • This set of LDR amendments includes 6 separate ordinances, each focused on a certain process or topic • 5 of the 6 ordinances are based on recommendations from the DRPPAC and the other is a piggyback ordinance from staff • 1 st installment of DRPPAC LDR recommendations were considered by the PZC on February 8, 2018 and adopted by the BCC on March 1392018 2 SAI- 1 September 18, 2018 10.A.1. Highlights ➢ "Ordinance #1": Affidavit of Exemption (AOE) Review and Approval Process: • Change from multiple, individual documents to a single recordable map similar to a final plat • Creates a uniform process for all future AOEs, and reduces back -and -forth between staff and applicant • End product easier to use for property owners and real estate/development industry ❑ Supported by staff and DRPPAC Highlights (continued) ➢ "Ordinance #2": Final Plat Review and Approval Process: • Requires title certification by a Florida licensed attorney only (not a title company) Note: Earlier this year, the BCC invoked pending ordinance doctrine for this item • Provides applicants a final plat checklist prepared by the County Surveyor • Authorizes staff to use a "stop -loss" comment for grossly deficient submittals • Provides for developer/County agreements that automatically convert from construction security to warranty/maintenance security • Allows surveying and engineering (soft) costs to be excluded from required warranty/maintenance security amount • Clarifies the two options for obtaining final plat approval (security before C.C. or after completion) l• Updates final plat format items recommended by the Clerk of Court ❑ Supported by staff and DRPPAC 141-2 September 18, 2018 10.A.1. Highlights (continued) ➢ "Ordinance #3": Master Lot Drainage Plans for New Subdivision Projects: • Requires LDP submittals to include a master lot drainage plan for new subdivision projects • With BCC authorization, waives the LDP modification fee for voluntary submittal of master lot drainage plans for existing active subdivisions ➢ "Ordinance #4": Affordable Housing Project Conceptual Plans: • Creates a new conceptual administrative approval (AA) process for affordable housing grant applicants • Reviewed through the AA process (2-3 weeks) instead of the TRC process (6-12 weeks) • Will not secure development entitlements, and will require a separate fully detailed "final" site plan application (after grant award) ❑ Both ordinances supported by staff and DRPPAC Highlights (continued) ➢ "Ordinance #5": Early Model Homes on Subdivision Construction Sites: • Identifies the (minimum) required infrastructure improvements that must be provided before an early model home can be open to customers • Requires a metes and bounds survey for each early model home proposed prior to final plat recording • Provides a minimum and maximum number (percentage) of early model homes o All subdivisions are allowed at least 2 early models regardless of number of total units o For a larger subdivision (or subdivision phase), the maximum number of early models is 5% of the total units within the subdivision (or subdivision phase) ❑ Supported by staff and DRPPAC �A� — 3 September 18, 2018 10.A.1. Highlights (continued) ➢ "Ordinance #6": Medical District Side Yard (Setback) Requirements: • Allows a 0' side yard (setback) in the MED zoning district under the same circumstances as currently allowed in several other commercial districts • Could allow a more efficient site design and increased building envelope flexibility, has worked well in other districts for decades PZC Recommendation ➢ On August 23, 2018, the PZC reviewed and voted 7-0 to recommend that the BCC adopt the 6 proposed ordinances. 8. )A� — 4 Staff Recommendation ➢ That the BCC adopt all six ordinances amending Chapters 911, 912, 913, 914, 915, and 972 of the County LDRs, and authorize staff to waive the AA fee for developers of previously approved and active subdivisions proposing master drainage plans for remaining vacant lots. September 18, 2018 10.A.1. 14� - 5 Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO tt 463755 - INDIAN RIVER COUNTY PLANNING 2101829 NOTICE OF PUBLIC HEARING NOTICE IS H Pub Dates September 2, 2018 Sworn to and subscribed before me this day of, September 04, 2018, by who is Natalie Zoll (X) personally known to me or ( ) who has produced as identification. ' 1 "'" `.`i V � q `''U tG Karol Kangas Notary Public .a• KAROLEKANGAS Notary Nbllc-State ofFlodda Commlsslon 11 GG 126041 ? MyCommAxplresJu129,2021 Banded Through NaUarot Notary Ams NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River Coun- ty, Florida shall hold a pub- lic hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commis- sion Chambers of the County Administration Building locat- ed at 1801 27th Street, Vero Beach, Florida, on Tuesday, September 18, 2018 at 9:00 AM to consider adoption of sixproposed ordinances; enti- tled: Ordinance 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 911, ZONING; BY AMENDING SECTION 911.10, COMMERCIAL DISTRICTS SUB- SECTION (7) SIZE AND DIMEN- SION CRITERIA; AND BY PRO- VIDING FOR REPEAL OF CON- FLICTING PROVISIONS; CODI- FICATION; SEVERABILITY; AND EFFECTIVE DATE. Ordinance 1, if adopted, will allow a zero side setback in the MED district subject to certain conditions. Ordinance 2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 912 SINGLE-FAMILY DEVELOPMENT, AND CHAP- TER 913, SUBDIVISIONS AND PLATS: BY AMENDING SEC- TIONS 912.06(1), PROPERTY "BUILDABILITY"; DETERMIN- ING IF A PARCEL CAN BE BUILT UPON; 913.06(4), COMPLIANCE REQUIRED; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFEC- TIVE DATE. Ordinance 2, if adopted, will require an Affidavit of Exemp- tion (AOE) application to include submittal of a 24 inch X 36 inch recordable map. Ordinance 3 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.07(5)(B) SPECIF- ICALLY; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFEC- TIVE DATE. Ordinance 3, if adopted, will require a master lot drainage plan for any new residential subdivision project. Ordinance 4 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.07(5)(A) AND SECTION 913.07(6)(B) AND SECTION 913.07(6)(D) AND SECTION 913.07(6)(F)3 AND SECTION 913.07(6)(F)7 AND SECTION 913.07(6)(G) SPECIF- ICALLY; AND SECTION 913.10 SPECIFICALLY; AND BY PRO- VIDING FOR REPEAL OF CON- FLICTING PROVISIONS; CODI- FICATION; SEVERABILITY; AND EFFECTIVE DATE. Ordinance 4, if adopted, will provide several changes to the final plat review and approval process, including a required final plat checklist, the ability for staff to provide a "stop loss" comment for grossly deficient final plat submittals, and the ability to automati- cally convert a performance security into a warranty secu- rity without the need to pro- vide two separate securities. Ordinance 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 914, SITE PLAN REIVEW AND APPROVAL PRO- CEDURES; BY AMENDING SECTION 914.07, ADMINISTRA- TIVE APPROVALS AND MOD- IFICATIONS TO APPROVED SITE PLANS; AND SECTION 914.14(4), CONCEPTUAL SITE PLANS, SUBMITTAL AND INFORMATIONAL REQUIRE- MENTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFEC- TIVE DATE. Ordinance 5, .if adopted, will create a conceptual adminis- trative approval process for affordablle housing projects seeking state funding. Ordinance 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 972, TEMPORARY USES; BY AMENDING SECTION 972.08(1), SPECIFIC USES, STANDARDS AND REQUIRE- MENTS; CHAPTER 913, SUB- DIVISIONS AND PLATS; BY AMENDING SECTION 913.06(2), EXEMPTIONS; AND CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STAN- DARDS FOR DEVELOPMENT, BY AMENDING SECTION 915.05, COORDINATION WITH OTHER REGULATIONS; AND BY PRO- VIDING FOR REPEAL OF CON- FLICTING PROVISIONS; CODI- FICATION; SEVERABILITY; AND EFFECTIVE DATE. Ordinance 6, if adopted, will allow a limited number of early model homes to be con- structed during construction of subdivision improvements subject to certain conditions. A vote will be taken on each proposed ordinance. Drafts of the sixproposed ordinances are available at the Planning Division office located in the Community Development Department on the first floor of the County Administration Complex Building "A". 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 testimony and evidence upon which the appeal is based. Please direct planning -relat- ed questions to the current development section at 226- 1237. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226- 1223 (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Peter D. O'Bryan, Chair- man Pub: September 2, 2018 TCN 2101829 10, A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 31, 2018 SUBJECT: Consideration of a Land Development Regulation (LDR) Amendment to Chapters 911 and 971 Regarding the Review and Approval Process for Places of Worship It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 18, 2018. BACKGROUND The proposed LDR amendment was conceptually presented to the Board of County Commissioners (BCC) by the County Attorney's Office at its March 1, 2016 meeting. At that meeting, the BCC passed a motion directing staff to initiate the changes as proposed (see Attachment 1). In response to the BCC's direction, staff has drafted an LDR amendment ordinance that will change the use classification and the review and approval process for places of worship from the special exception use review and approval process to the administrative permit use review and approval process, and will also change one of the specific land use criteria for places of worship. Staff anticipated combining the subject use table change with other use table changes, but no other changes of that type have arisen. Consequently, staff is moving forward with the subject use table change at the same time that other LDR amendments are being considered. At the March 1, 2016 meeting, the BCC also included a directive to allow any applicant currently in the review and approval process to either choose to proceed forward under the current existing code, or give them the opportunity to wait until the revised ordinance is put into place. There are currently no applicants for a place of worship in the formal review and approval process, and several pre - applicants have been notified of this proposed change, which will provide a more streamlined and objective process. The Planning and Zoning Commission (PZC) considered the proposed LDR amendment as part of a larger "installment" of LDR amendments on August 23, 2018, and voted unanimously to recommend that the Board adopt the proposed amendment (see Attachment 2). This particular amendment ordinance has been separated from the larger "installment" of LDR amendments because this use table amendment will require two public hearings by the BCC, while the other ordinances require only a single public hearing by the BCC (see the "ordinance adoption process" within the analysis section of this report). 142 The BCC is now to consider the proposed LDR amendment ordinance for changes to the places of worship use category and adopt, adopt with modifications, or deny the ordinance at a second (future) public hearing for final adoption. ANALYSIS The current LDRs allow places of worship as a permitted "by right" use in several commercial zoning districts (PRO, OCR, CL, CG, and CH), and as an administrative permit use in the two mobile home districts (RMH-6 and RMH-8) and two multifamily districts (RM -8 and RM -10). Places of worship are currently allowed as a special exception use in all of the agricultural and rural districts, all of the single-family residential districts, and three multi -family residential districts (RM -3, RM -4, and RM - 6). The proposed amendment will change the use classification and the review and approval process for places of worship from a special exception use to an administrative permit use within all of the agricultural and rural districts, all of the single-family residential districts, and three multi -family residential districts (RM -3, RM -4, and RM -6). The result of the proposed changes will allow places of worship as either a permitted use or an administrative permit use in all allowable zoning districts, and will not require special exception use approval for a place of worship in any zoning district. The review and approval process for a permitted use or an administrative permit use applies more objective criteria and is more streamlined than a special exception use, which requires two public hearings. These changes have been proposed at the recommendation of the County Attorney's Office because recent federal caselaw has called into question whether places of worship, which involve First Amendment rights, can be reviewed and approved through special exception processes that involve more subjective criteria such as the general compatibility and no adverse impacts criteria listed in Section 971.05(9) (see Attachment 3). The proposed changes also include a revision to one of the specific land use criteria for places of worship listed in Section 971.28(5) (see Attachment 4). The current LDRs include a locational/traffic criterion that require places of worship to have vehicular access from a major thoroughfare unless otherwise approved by the Public Works Department. This criterion is too subjective because of the clause "unless otherwise approved by the Public Works Department." The revised criterion provides specific, objective standards for the location and/or traffic generated by a place of worship (e.g. number of project trips, project site's road frontage, land use designation, or location within a Planned Development). Applying these new criteria is consistent with the County's practice of allowing places of worship on a local street only if it is a small-scale facility or located within a higher density residential area. Otherwise, under the proposed criteria, a new and larger -scale place of worship will need to be located on a collector or arterial road or within a Planned Development, also consistent with County practice. • Ordinance Adoption Process Since the proposed amendment will change the list of allowable uses in a zoning district, the BCC must consider the subject LDR amendment ordinance at two separate hearings as required by state law (Florida Statutes Chapter 125.66). Under FS 125.66, those hearings must be held at least 10 days apart and one hearing must be held after 5:00 PM unless 4 or 5 BCC members vote to hold the hearings 143 2 before 5:00 PM. Consequently, the BCC may hold a special call 5:01 PM hearing on or after September 28 or at one of the regular October BCC meetings if 4 or 5 Board members vote to have the second hearing at a regular meeting. Staff believes that holding the second hearing at a regular BCC meeting in October will be adequate. One meeting date for the second (final) hearing which will meet state requirements upon a vote of 4 or 5 BCC members is the regular BCC meeting of October 16, 2016. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Direct staff to make any changes necessary to the proposed ordinance, and 2. By a vote of 4 or 5 BCC members set the second, final adoption hearing for the regular BCC meeting of October 16, 2018 which is scheduled to begin at 9:00 AM. ATTACHMENTS 1. Excerpt from March 1, 2016 BCC Minutes 2. Excerpt from Draft August 23, 2018 PZC Minutes 3. Section 971.05(9) 4. Proposed Ordinance 144 3 G. Utilities Services 1:48 1. Watermain Assessment Project within North Indian River Drive, p.m. Adoption of Resolution IV _(memorandum dated_February_20z 2016) 281-294 Director of Utility Services Vincent Burke provided background and analysis on the General Underground LLC water main assessment project and requested the Board to approve the Resolution and the application for payment. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board unanimously approved: (1) Resolution 2016-019, certifying "as -built" costs in connection with water main extension from 13580 to and including 13635 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida, and such other construction necessitated by such project; providing for formal completion date, and date for payment without penalty and interest; and (2) approved the Application and Certification for Payment, No. 3, Final Pay, in the amount of $8,376.00 to General Underground LLC. This payment will release any further obligations of the Contractor by the County. 13. COUNTY ATTORNEY MATTERS 1:56 A. Request for Closed Attorney -Client Session Relating to Indian River County vs. p.m. Turner Construction Company et al. (Case No.: 312011CA002999) __(memorandum dated February R, 2016) 295 --------------------------------------------------------------------- County Attorney Dylan Reingold provided background and recommended the Board authorize staff to set the Attorney -Client Session at 10:30 a.m. on March 15, 2016. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved to schedule a closed Attorney -Client Session to occur at 10:30 a.m. on March 15, 2016. 1:58 ® of Worship Administrative Permit Use and Special Exception Use Review p.m. 1places (memorandum dated_ January 26, 2016)______--�_�__ _ _ 296-305 Attorney Reingold provided background, and stated that recent case law- _ had called into question the review of places of worship under first amendment rights, and recommended the Board authorize him to work with the Community Development Department to draft an ordinance that would remove places of worship from special exception review, and modify the special criteria for places of worship, if necessary. He also noted that there was one applicant who had gone through the pre -application process during this time frame and if the Board moves forward with the ordinance, he requested the Board authorize the applicant to either choose to proceed forward under the current existing code, or give them the opportunity to wait if they so choose until the revised ordinance is put into place. Board of County Commission Minutes March 1, 2016 Page 12 145 --------------------------------------------------------------------=----------------------------=------------------------ The Board sought and received further information regarding the special exception use process and criteria under the current Code. The Board did not want to change the rules for anv current/present annlicants. 4ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairmai `Flescher, the Board unanimously authorized the County Attorney and thi `Community Development Department to draft an ordinance whicl `addresses the review of places of worship, including an amendment to the and Development Regulations which (1) replaces places of worship specia exception use approval with the administrative permit use approval, and (2 `modifies Section 971.28(5) of the Code, if necessary.FlThe Board als( `directed staff to draft an ordinance that the County provide any curren Mapplicant the option of: (1) moving forward under the current Code with the formal acknowledgement that the process is under review, or (2) waiting ,until the Board considers whether to adopt an amendment to the Code. 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 2:21 1. FPL Okeechobee Clean Energy Center (FPL -OEC) p.m. _(memorandum dated_FebruarJy_24z 2016)----------------------------------------------- __ 306-310 ----------------------------- _________ Chairman Solari reported that Florida Power and Light (FP&L) was proposing an Okeechobee Clean Energy Center (OCEC) located in northeastern Okeechobee County near the Okeechobee/Indian River County line, and today he wanted to discuss some of the questions and concerns of the people. His biggest concerns were the amount of water they want to take from the Upper Floridan Aquifer (UFA), and the expected impact of the OCEC to Indian River County's Emergency Services. Director Boling provided background and additional information on the proposed OCEC power plant. He said the Agency Report is due to the Department of Environmental Protection (DEP) on April 6, 2016, and staff would be bringing their recommendations to the Board on March 15" or 22"d, 2016. A lengthy discussion ensued between the Board and staff regarding Emergency Services. ON MOTION by Commissioner Zorc, SECONDED by Commissioner O'Bryan, the Board unanimously directed staff to coordinate with agencies and bring back to the Board a more detailed Agency Report for certification application. The Board also discussed alternative water sources. Board of County Commission Minutes March 1, 2016 Page 13 146 (A7Co—ns i era t ion o f lancn "'Devefopmen egula ion R)—Amendments_ o (G 9-D M�; g15; X71 a�icn 7 regar ing the ifidavit o -Exem tion AUE)=' Finai7Plaf7ZevieW�p�roval-Process, N�laster =Drainage P and s forT�le ubdivision Prs�e ATfor a �I� ous- mg once ua lans, arly� o�c el omes on (Subiv1Tion_ ons ruc ion i es, eview an aAp_proval rocess or lacesOfCi orsiiip; an��1�71ee ica 7Dis�cf-S�etback'F�equiremen s. QLegisla ive j (11�fr—cyan Sweeney reviewe a secon -ins�ai1menoproposec=L (amendments thaware deTaile- fiche PZ ' Agenda PacRet as recommen e 7yy (fhe Develoilmen eview & fermi rocess ommi ee an a . e gave a . owerl o n presen a ionon, copied which are on TRi iin tff-e-BCC-Ofifice; while responding o ques ions from a ommissioners.fe_ recommen e�lc"that�he'� [Commissioners_ recommen 'thst the BGC adopt all seven ordinances amen ing� �175�71 an-dX72 of the oun yCDR reg21aii0ns. 0hairman Polackwicho� p� earing an when nobo-c.rom (the audience came orward , proceedeec'to close the hearing. N M-OTION-BY`M . Brognano-ECTM-ED BY�Ms� Waldro he mem ers vo a unanimousl7=D approve s all recommendationhi-"s Legislative Fm—aft—e--F) Commissioner's Matters There were none. Planning Matters The commissioners briefly discussed the topic of driverless cars from the Planning Information Package. Mr. Stan Boling stated that while it was unlikely that there would be a meeting on September 13th, a September 27th meeting should be expected. Adjournment There being no further business, the meeting adjourned at 7:48 p.m. 147 Section 971.05. - Review of uses requiring a special exception. (9) General criteria for review of special exception uses. Prior to approval by the board of county commissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval. The applicant shall have the responsibility to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special exception use. (a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter. (b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such. potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area. (c) No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use.. (d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area. 148 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING; BY AMENDING SECTIONS 911.06, AGRICULTURAL AND RURAL DISTRICTS; SECTION 911.07, SINGLE-FAMILY RESIDENTIAL DISTRICTS; SECTION 911.08, MULTIPLE -FAMILY RESIDENTIAL DISTRICTS; 911.13, SPECIAL DISTRICTS; AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BY AMENDING SUBSECTION 971.28(5), PLACES OF WORSHIP; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 911.06(4), Uses; as follows: (4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. (c) Division of a tract into parcels of at least forty (40) acres in size. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in .accordance with subdivision ordinance Chapter 913 requirements. 149 District iUses A-1 A-2 A-3 RFD RS -1 Agricultural IGeneral farming P P P - - Dairy farming A A A - - 149 Livestock and poultry raising P P P - - Stables (noncommercial) r. P P P A A Stable (commercial) P P P - - Sludge spreading A A A - - Tree farms P P P- Kennel and animal boarding places Commercial A A A - - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A Small animal specialty farms A A A - - Tenant dwelling S S S - - Residential migrant housing facility S S S Nursery and greenhouses Noncommercial P P P A A Commercial (cultivation, wholesaling, d off-site landscaping services allowed; F0nr etail lsales allowed on-site) P P P - - Agricultural businesses, excluding wholesaling and processing S S S - - Agricultural industries S S S - - Fish farms and water dependent plant and/or animal production A A A - - Agricultural research facilities A- Aquaculture A A A A A Fruit spreading (subject to subsection 1917.06(15)) P P P - - Residential Accessory single -family dwelling unit A A A A A Single -family dwelling P P P P P Mobile homes A A A - - E Accessory housing for night watchman A A A - - j Guest cottage or servant's quarters A A A A A Single -family docks and private observation/fishing piers on vacant lots A A A A A 150 Bed and breakfast A A A - - Institutional Child or adult care facilities A A A A S Foster care facilities P P P P P Cemeteries S S S S S Places of worship SA SA SA &A £A Group home (level I) A A A A A Group home (level II and III) S S S - - Community Service Emergency services P P P P P Educational centers, including primary and secondary schools S S S S S Correctional institutions S S S - - Cultural and civic facilities S S S S S Governmental administrative building S S S S S Colleges and universities S - - S S Civic and social membership organizations (M-1 and M-2 areas only) S - - - - i Recreation Country clubs A A A S S Golf courses A A A S S Public parks and playgrounds A A A A A Major sports and recreation areas and facilities S S S - - Dude ranch S S S - ,Retreats and camps S S S S S Commercial hunting and fishing lodges S S S - - Off-road vehicle tracts (commercial and noncommercial S S S - Commercial Fruit and vegetable stands A A A - - Veterinary clinic or animal hospital A A A - - Driving ranges S S S - - Fruit, vegetable and nursery retail sales S S S - - 151 Transportation and Utilities .Airports and airstrips S S S S - Communications towers (wireless facilities including cell towers) A/S' A/S2 A/S2 A2 A2 Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged P P P - - �4 70 feet to 150 feet: i Camouflaged A A A A A Monopole (minimum of 2 users) A A A - Not camouflaged and not monopole A/S* A/S* A/S* - - Over 150 feet: All tower types (see 971.44(1) for special criteria) _ S S - - Utility Public and private utilities, limited A A I A S S Public and private utilities, heavy S S I S S S Reservoirs, water farming P P P - - j Industrial (Recycling center (including vegetation debris mulching) A A A - - Small-scale bio -fuel processing plant S A A - - Large-scale bio -fuel processing plant S S S - - Mining A A A - - Very Heavy Industrial Demolition debris site S S S - - 1 152 P - Permitted use A - Administrative permit use S - Special exception use * See 971.44(4) to determine whether the administrative permit or special exception use process applies. 1 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. Z For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. SECTION #2: Amend LDR Section 911.07(4), Uses; as follows: (4) Uses. Uses in the single-family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except for single-family dwellings. 153 District Uses RS -2 I RS -3 RS -6 RT -6 Agricultural Noncommercial kennel and animal boarding places A A A Noncommercial nursery and greenhouse A A A A Noncommercial stable A I A A A Residential Accessory single-family dwelling unit A I A A A Small lot single-family subdivision - - A I A Single-family dwelling P P P P SF dwelling (attached) - - - P Duplex - - - P Guest cottage and servant's quarters A A A A Single-family docks and private observation/fishing piers on vacant lots A A A A Subdivisions with special side yards - - A - Bed and breakfast - - S S Institutional Child or adult care facilities S S S S Foster care facilities P P P P 153 Group home (level I) - A A A Adult congregate living facility (8 residents max.) _ A A A Group home (level II & III) - - - S Adult congregate living facility (20 residents max.) _ - _ S Places of worship £A $A SA £A Cemeteries S S S S Community Service Emergency services A A A A Educational centers including primary and secondary schools S S S S Governmental administrative building S S S S Community centers - - S S Colleges/universities S S S S Libraries - - S S Recreation Country clubs S S S S Golf courses S S S S Public parks and playgrounds A A A A Private/public docks S S S S Utility Communications towers (wireless facilities including cell towers) A' Al A' A' Communications towers (non-wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P P P 80 feet or taller (see 971.44(4) for special i criteria) S S S S Commercial Up to 70 feet: Camouflaged P I P P P Non-camouflaged - - - - 70 feet to 150 feet: 154 Camouflaged A A A A Monopole (minimum of 2 users) - - - Not camouflaged and not monopole - - - - Over 150 feet: A A A A All tower types (see 971.44(1) for special criteria) A A A A Limited public and private utilities S S S S Public and private utilities heavy S S S S P - Permitted use A - Administrative permit use S - Special Exception Use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. SECTION #3: Amend LDR Section 911.08(4), Uses; as follows: (4) Uses. Uses in the multiple -family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. 155 District Uses RM -3 RM -4 I RM -6 RM -8 I RM -10 Agricultural Noncommercial nurseries and greenhouses A A A A A Noncommercial stables A A A A A Residential Accessory single-family dwelling unit A A A A A Small lot single-family subdivision - - A A A Single-family dwellings P P P P P SF dwelling (attached) P P P P P Duplex P P P P P Multifamily dwellings P P P P P Single-family docks and private observation/fishing piers on vacant lots A A A A A �43ses I RM -3 RM -4 RM -6 RM -S RM -10 155 Bed and breakfasts S S S A A Residential resort - - S S S Guest cottage and servant's quarters A A A A A Small-scale Traditional Neighborhood Design (TND) A A A A A Institutional Child or adult care facilities S S S A A .Foster care facilities P P P P P Group home (level I) A A A P P Adult congregate living facility (8 residents maximum) A A A P P Group home (level II & III) S S S A A Adult congregate living facility (20 residents maximum) S S S A A Group homes (residential centers) S S S S S Adult congregate living facility (21+ residents) S S S S S Residential treatment centers - - - S S Total care facilities - - - S S Places of worship SA SA SA A A Cemeteries S S S S S Community Service Cultural and civic facilities - - - S S Emergency services . P P P P P Schools, primary and secondary S S S S S Colleges and universities S S S S S Libraries S S S S S Community centers S S S A A Government administrative buildings S S S S S Civic and social membership organizations - _ _ S S Recreation Beach clubs S S S S S Country clubs S S S S S 156 Golfcourses S S S S S Public parks and playgrounds A A A A A Tennis facilities S S S S S Yacht clubs S S S S S Health and fitness clubs S S A A A Public/private docks S S S S S Utility Communications towers (wireless facilities including cell towers) Al Al Al Al Al Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged - - - - - 70 feet to 150 feet: Camouflaged A A A A A Monopole (minimum of 2 users) - - - - Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) Limited public and private utilities S S S S S Public and private utilities heavy S S S S S P - Permitted use A - Administrative permit use S - Special exception use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. SECTION #4: 157 Amend LDR Section 911.13(3)(c), Uses; as follows: (c) Uses. Uses in the Rose 4 district are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for all uses except single-family dwellings and mobile homes erected on individual lots. All new mobile home parks or subdivisions must be platted and receive major site plan approval. 158 ROSE -4 Agricultural Uses Noncommercial kennel A Noncommercial stable I A Noncommercial greenhouse A Residential Uses Accessory single-family dwelling unit A Single-family dwellings P Mobile homes P Public Service Uses Child and adult care facilities A Foster care facilities P Places of worship SA Public parks and playgrounds A Emergency services P Educational facilities, excluding business S Group home (level 1) A Cemeteries S i Recreational Golf courses S Utility Uses Public and private utilities (limited) A !Communications towers (wireless facilities including cell towers) Al Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S 158 Commercial Up to 70 feet: Camouflaged P Non -camouflaged - 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) Not camouflaged and not monopole - Over 150 feet: All tower types (see 971.44(1) for special criteria) - P= Permitted A= Administrative permit S= Special exception 1 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. SECTION #5: Amend LDR Section 911.13(4)(c), Uses; as follows: (c) Uses. Uses in the Air -1, airfield/residential district, are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for all uses except single-family dwellings. 159 AIR -1 Agricultural Uses Non-commercial kennel A Non-commercial stable A Residential Uses Single-family dwellings P Institutional/Services Uses Foster care facility P Group home (level 1) A Adult congregate living facility (8 residents maximum) A Places of worship $A Emergency services P Child and adult care facilities S 159 Public parks and playgrounds P Country clubs S Golf Courses S Transportation and Utility Uses Airstrips P Public and private utilities, limited S Communications towers (wireless facilities including cell towers) A2 Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged - Non -camouflaged - 70 feet to 150 feet: Camouflaged - Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) T77 P= Permitted A= Administrative permit S= Special exception 1 The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 2 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. SECTION #6: Amend LDR Section 971.28(5), Places of worship; as follows: (5) Places of worship (administrative permit and speeial exeeptie . (a) Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 RMH-6 RMH-8 CRVP ROSE -4 AIR -1. 160 LA 1J L11V`LJ�}1 V{.iCLT�1711T� 11 TT�� nT� D L T L D1�,t T,{ � 7�1�,T L A _2 A -3 i—F _kS' I- RS 2 RS 3 RS 6 RT—tl—Y�i'Y�Z�r'i�t�'cYroi—tl ROSE ^T AM 1. Reserved. (c) Additional information requirements: The site plan shall denote the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914. (d) Criteria for places of worship: L. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; 2. v 1PRI; A46AP,,;�o o,l by the public - works ; The proiect site shall: a. Have frontage on a Thoroughfare Plan road (including separation from a canal or similar right-of-wav); or b. Have a land use designation of M-1 or M-2; or c. Be located within a Planned Development (PD); or d. Be determined by the Public Works Director to be a small traffic generator as prvovided in subsection 952.07(5)(a) (less than 400 average daily trips). 3. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject. to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; 4. A Type "B" buffer shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially zoned property. A Type "C" buffer shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially zoned property or agriculturally zoned property having a residential land use designation. a. The board of county commissioners may waive or reduce the buffer requirements where the place of worship is located next to an existing cemetery, place of worship, child care facility, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or a buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. 5. Where a place of worship is located adjacent to an active agricultural operation, an "active agriculture" buffer as set forth in subsection 911.04(3)(c)6 shall be provided between the adjacent active agricultural operation and the place of worship building and parking facility. SECTION #7: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. 161 SECTION #8: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #9: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #10: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 52018. MM Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller L01A Deputy Clerk 162 This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 163 September 18, 2018 10.A.2. Land Development Regulation (LDR) Amendment for the Review and Approval Process for Places of Worship Board of County Commissioners September 18, 2018 Background • Conceptually presented to the BCC by the County Attorney's Office on March 1, 2016 for legal (case-law) reasons • Staff anticipated pairing with other use changes, now moving forward with other LDR amendments but considered separately due to process differences • Currently no place of worship applicants in the formal review process; several pre -applicants notified of the proposed, streamlined changes • Changes the use classification in several zoning districts which requires 2 BCC public hearings • One of the 2 public hearings must be held after 5:00 PM unless 4 or 5 BCC members vote to hold both hearings before 5:00 PM 2 September 18, 2018 10.A.2. Proposed Ordinance ➢ Places of Worship Review and Approval Process: • Changes the use classification and the review and approval process for places of worship from a special exception use to an administrative permit use within all of the agricultural and rural districts, all of the single family districts, and 3 multi -family districts • Result: special exception use approval no longer required for places of worship in any zoning district but special criteria still apply in agricultural and residential districts (setback, location, buffering) • Applies more objective criteria and a more streamlined approval process for places of worship use in response to federal case-law Proposed Ordinance (continued) ➢ Places of Worship Review and Approval Process: • Provides objective standards for the existing locational/traffic criterion ❖ Number of project trips, project site's road frontage, land use designation, or located within a PD ❖ New criteria consistent with past approvals: places of worship allowed on local streets if small scale or located within a higher density zoning district ❑ Supported by County Attorney, staff, and initiated by BCC September 18, 2018 10.A.2. PZC Recommendation ➢ On August 23, 2018, the PZC reviewed and voted 7-0 to recommend that the BCC adopt the proposed ordinance. 5 Staff Recommendation ➢ That the Board of County Commissioners: 1. Direct staff to make any changes necessary to the proposed ordinance, and 2. By a vote of 4 or 5 BCC members set the second, final adoption hearing for the regular BCC meeting of October 16, 2018 which is scheduled to begin at 9:00 AM. �b�-3 [0, B. I i INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River Countv Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission .NAME OF INDIVIDUAL OR ORGANIZATION: b e �LS S ADDRESS: 3 _(j e,a 2q PHONE: . 5O, . C 151 • \09 3 SUBJECT MATTER FOR DISCUSSION: P -4*\ _ 6nA vl i ,nQ IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES NO 1 ftV�br�.nq`,rq a VoS-.n•S;z,l,I eLw-V-4 a -f Clnaiw� IS THIS AN APPEAL OF A DECISION ��S t^ oJ/ Cow.,rv� • YES ® NO WHAT RESOLUTION ARE YOU r REQUESTING OF THE COMMISSION? A YM�t vol ODIC � S�..v",,y�`g,.. Lon) 4\,y\ '�aG� IAJ,r.)C a��l � C��r�r` 4 O,fd;V�ah�`� ARE PUBLIC FUNDS OR AVITIES REQUIRED? J I I YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? (A �.�,�la;N } . r�n�Je� •� [1 fa �,nXn t9. 1>J�»tyZ a5 a C�•�rn�--ti 1n�i•n vol -ivr �a� eYr�nfcn.�� ah a�:,V�na\ LJe,1� -�-0�1 Transmitted to Administrator Via: 4r A,r. orAa\ 0 W'Lo-A5 1k •� 5 MSo Interactive Web Form COUNTY ADMINISTRATOR: (� Q ^JJa,,ssonQE. Brown E -Mail MEETING DATE: '"\ , D ' lovs Hand Delivered Phone F Wminty Adminl[i%eCAssAAGI-NDA\Nblic Discussion Items Form.dne- 164 Back -u ber 18, 2018 Public Discussion Item • � !ref ' , � `14� t � s i I am here today because the chained dogs of Indian River County have no voice. The dogs shown on the video monitors live right here in Indian River County. They are held captive in housing behind the hospital. Law enforcement in Indian River County has confirmed that there are many other chained dogs in the county, and that they are often used to -guard drug houses and other illicit businesses. These dogs pose a threat to the public and law enforcement because their isolation, lack of exercise, fear, and frustration at their cruel plight breeds aggression. Indian River County currently has, tethering restrictions under the Crueltyto Animals Ordinance, but these restrictions are vague, contradictory and do not go far enough. Comprehensive anti -dog chaining ordinances have passed in many municipalities including Palm Beach and Seminole Counties. In fact, Chief Stone, the Director of Emergency Services for Indian River County, helped draft the ordinance for Seminole County. ,The Seminole County Ordinance is well-written and concise and would serve as an excellent model for Indian River County. The Humane Society of Vero Beach also supports this ordinance. A representative from the Humane Society, Ilka Daniels, joins me today to express support for this issue. In Closing, these dogs endure life on a six-foot chain 24 hours a day, 7 days a week, in, the teeth of sweltering heat, rain and cold. They roam a circle no bigger than what their chain allows, the � ground under them trampled by their constant pacing. They are forced to sleep in their own waste and their dead eyes reflect a Fife of pain, cruelty and neglect. I respectfully request that your vote to adopt the Seminole County Anti -Tethering Ordinance. 1 w A \ ate' '�-; vim►���r b�r�;�n {.e. Section 302.051. - Cruelty to animals. (A) Pursuant to F.S. § 828.12, as may be amended from time to time, cruelty to animals is a criminal offense_ The animal control division shall investigate reported incidents involving cruelty to animals and support investigations by other law enforcement agencies when so requested and refer cases where probable cause exists to the state attomey's office for criminal prosecution. (B) The following are cruelty to animal violations under this chapter, and, pursuant to F.S. § 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the citation issued for the violation(s), for any person: . (1) To impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements to fail to provide protection from the elements, dean quarters, and medical attention for sickly, diseased, or injured animals; or to abandon any animal. However, this chapter shall not require the provision of protection from the elements and clean quarters for livestock in open pasture. (2) To leave or deposit any poison or any substance containing poison, in any common street, alley, lane, or road of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. (C) The following are cruelty to animal violations under this chapter that do not require mandatory court appearances, except as otherwise set forth herein, for any person: (1) To injure any domestic animal by any means and fail to notify the owner of such animal, or, if the owner cannot be notified, then notice shall be given either to an officer or the county 911 system. (2) To tease or molest an animal. (3) As an operator of a motor vehicle, to allow an animal to occupy any unenclosed section of that vehicle without restraining and securing the animal in a manner Which does '.not present a danger to the animal or to others. (4) As an operator of a motor vehicle, to place or confine an animal or allow the animal to be placed, confined, or remain in an unattended motor vehicle without sufficient ventilation or under conditions for such a ,period of time as may reasonably be expected to endanger the health or well being of such animal due to heat, lack of water, or such other circumstances as may reasonably be expected to be cruelty or otherwise cause suffering, disability or death. Any officer who finds an animal in a motor vehicle in violation of this section may enter the motor vehicle by using the amount of force which is reasonably necessary to remove the animal. �JT �,10ty) rj (5) To restrain an unattended animal by means of a choker/training collar or tether that is ten (10) ` Meet or less in lengih�for`rrlbre-thann�(IU)-consecutiveours�ine{'t)-tvverrty --`_ C1I\a�r1V�t1N� erol� Q d To""restrain'an`unattended-animat-by'means-of-a-dyoke-r tr raifrI lar or tether that�tn n (i�)', any IO trteet or less on.fe dunng natural disaster, includin but not limited to, fires canes,. and tomadoe . 1 Gia`.. 1S lU o,/ o�n , a✓► G.1�a:�na7 1 (D) Exceptions to tether proh ►tEorrs An animal may-bege cclus�vely restrained a et Cher ;provided tethenng system meets'atl ofhe following regt3►rements: �"0 S suchLJ (1) The tether is more than ten (10) feet in length, with swivels at both ends; �J G�nai n�N� (2) The tether is property attached to a pulley or trolley mounted on a cable that is also more than ten (10) feet in length; ' (3) The pulley or trolley is mounted at least four (4) feet and no more than seven (7) feet above ground level in a manner so as not to interfere, or become entangled, with objects on the property; , q.18 '(8 ID -S'(, I bo ,Z I! (4) The tethering system employed does not allow the animal to leave the owner's property; (5) The tether does not weigh more than one -eight (1/8) of the animal's body weighty (6) The tether is attached to a property fitting collar or harness wom by the animal; and (7) The collar or harness is not a choker collar. (Ord. No. 2006-001, § 1, 1-17-06) Io 5t 17 C�85'c C �din%fcgta fixed-point restraining device. 01,51 (a) A fixed-point restraining device is hereby defined as a trolley system, chain, cord, leash, cable, or similar device which is attached to one or more fixed points to include, without limitation, a house, tree, fence, post, garage or shed, used to confine a dog or cat to the owner's. property and designed to be used for such purposes. The device shall be a minimum length of ten feet in length and shall be no longer than what is necessary to keep such dog or cat confined• to the owner's property. (b) A fixed point restraining device�4�a11 not: e_us_e_ to fine�a#dog�ratI �ot�tdoors betweetrtfie hoi urs ofd aJ� a.m. n 50., except as provided herein. A dog or cat may be Marhed-toa fixed-point restrain ng,device or a rn rper-iod-of-Marne-not-to-exceed o e ho r ay amid-sh­aiI-lJ# directtI s_u_pe ised r nd.accompanied,by-the-owner-outside-for-the-duration— the time fh—e dog or Mb./e- at -is at -tache -d i-t'n-`-'fixe -point restraining device. I A: (c) Thb'os a fixerpornt restraining ev�ce etween 5:00 p.rn. and 9:00 a.m. �be a' lowed as ;provided herein. • O�,Jrw rIAJ S{. (1) The fixed-point restraining device shall be a minimum of ten feet in length ` and shall be placed in a location which keeps such dog or cat confined exclusively to the owner's property. (2) The fixed-point restraining device shall be used in conjunction with an appropriate collar or harness designed for use with the specific size of dog or cat. Pinch, choke and/or pronged type collars shall not be used when restraining a dog or cat in this manner. (3) The fixed-point restraining device shall be placed in a manner as to prevent injury, strangulation or entanglement. (4) If there are multiple dogs or cats, each shall be confined separately and in such a manner the fixed-point restraining device shall not become entangled with each other. (d) It shall be unlawful to use a fixed-point restraining device to confine any dog or cat under the age of six months. (e) f (o5-� Chapter 20- ANILMALS ANND FOWL I Code of Ordinances I Seminole County. Fl. I A9... Page 29 of 51 COMMi—f s ver- ` e weather, Tile" use �of a fixed-point restraining device -tosMMZ ecoreo or -cat on 13 the-ov5ner s property is strictly prohibited. This iritluties, but is not limited to, lightningstorms, tornado warnings, hurricane arnitgs, eat index above 90 degreesFahrenheit._temt)eratures-below 32 (tlegrees Faf —hr enheit, a (Ord. No. 2011-7, § 1, 3-22-2011) Secs. 20.40-20.50. - Reserved. J W�a Vt9�1 • - II. - RABIES -SUSCEPTIBLE ANIMALS / .Sec. 20.51. - Vaccination required. - (a) It sha be unlawful for the owner of any /sd ceptible animal, for which a licensed ccine is available, to fail to haveies-susceptible animal vaccinated a inst rabies by a licensed vn of his choice as provided in subsection (d). (b) Evidence of vaccinat n licensed veterinarian a show the date and type year and serial number shall consi of a County certificate signed by the iniste ng the vaccine. The certificate in triplicate shall of-ccination, the name and address of the owner, the the nimal's required tag, the breed, age, color and /ane the animal, an any other rtinent data for proper identification of the l. One copy the certificate sh I be given to the owner, one copy filed e animal ontrol official, and one py retained by the veterinarian isterin the vaccine. for their services rovided in the handling of said ate , veterinarians may be allowed to ret in such portion of the a fee as shall be established by the Board f County Commissioners by dopted resolution. ies-susceptible animal need be vaccinated for rabi where a licensed arian has examined the rabies susceptible animal an ertified that ation would endanger said animal's health at that time be use of its age, infirmity, debility, or other physiological consideration, and suc certificate is presented to the enforcing agency within five days of such examinati n; provided that such certificate shall not be valid for more than 12 months from the date of issuance. N5__5 eoO k � sf' 1 4 11`Ti. OL v=- 71 ry z. YY t k � sf' 1 4 11`Ti. OL v=- 10 • 8 ' 2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Evan Esposito, E. E. Solar ADDRESS: 415 27t1 Drive, Vero Beach PHONE: 631-404-9718 SUBJECT MATTER FOR DISCUSSION: Request that the County Propose and Support Legislation on Solar and Green Energy for construction and buses. IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx I NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx —1 NO WHAT RESOLUTION ARE YOU Bring forth new legislation within the county for green energy to REQUESTING OF THE COMMISSION? supplement the destruction of local eco systems ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx —1 NO WHAT FUNDS OR ACTIVITIES ARE. REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail X Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: September 18, 2018 FACounty Admm ExecAsst\AGENDA\Public Discussion Items Fom.doc 166 to B. 5. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general. rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 412318 th Place, Vero Beach, Fl PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: All Aboard Florida/Brightline/Florida East Coast Railway Railroad Crossings — Tunnels and Bridges. IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES NO YES NO YES NO Provide Information to Commissioners and Electorate ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered x Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: September 18th, 2018 F:\CountyAdmin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 167 D*n ReingoK County Attorney William K: DeBraal, Deputy County Attorney Kate. Pu Bolt Cotner, Assistant County Attorney 10,C. I. PUBLIC NOTICE ITEMS: 9/18/18 LEGISLATIVE Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM:. Dylan Reingold - County Attorne DATE: September 12, 2018 ATTORNEY RE: Public Notice of Public Hearing Scheduled for October 2, 2018 to Consider Adoption of a Notice of Intent to Affirm the Existence of a Recreational Customary Use of the Beach on Private Property The Board of County Commissioners will hold a Public Hearing on Tuesday, October 2, 2018, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a notice of intent to affirm the existence of a recreational customary use of the beach on private property between Wabasso Beach Park, located at the intersection of County Road 510 and AIA, and 9586 Doubloon Drive, Vero Beach, Florida 32963. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the Country Administrative Complex, 1801 27h Street, Vero Beach, Florida 32960. At the public hearing, the Indian River County Board of County Commissioners will be accepting evidence as to the 1) specific parcels of property, or the specific portions thereof, upon which a customary use affirmation is sought; 2) detailed, specific, and individual use or uses of the parcels of property to which a customary use affirmation is sought; and 3) ancient, reasonable, without interruption, and free from dispute recreational customary use of the beach in this area. /nhm 168 September 18, 2018 Hon. Peter O'Bryan Chairman Indian River County Board of County Commissioners 180127 1h Street Vero Beach, Florida 32960 RE: County Purchase of City of Vero Beach Dodgertown Property Dear Chairman Yesterday, the Indian River County Chamber of Commerce unanimously voted to support the sale of 35 acres of property owned by the City of Vero Beach located at 43rd Avenue and Aviation Blvd to Indian River County government. The Chamber's intent is to support the county's efforts in creating a master plan for this area in a continuing effort to support tourism and economic development. The Board also supports the idea that this master planning effort would be transparent and open to the public. We appreciate the continuing work being done between the County and the City of Vero Beach in this effort and look forward to successful economic opportunities within this corridor in the future that benefit our community. If you have any questions regarding this issue, please feel free to contact me at 772-567- 3491. Sincerely, Dori Stone, President cc: Indian River County Board of County Commissioners City of Vero Beach City Council Jason Brown, County Administrator James O'Connor, City Manager Indian River County Chamber of Commerce Board Members 1216 21 st Street — Vero Beach, FL 32960 772-567-3491 — www.indianriverchamber.com Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney ICA, Of CB of County Administrator 09/18/2018 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attc DATE: September 12, 2018 ATTORNEY SUBJECT: Agreement for Sale and Purchase of Dodgertown Golf Course Property Staff is continuing to negotiate the terms of the proposed purchase of the former Dodgertown Golf Course (the Property) at the southeast corner of Aviation. Boulevard and 431d Avenue. The 35.24 acre parcel of property lies adjacent to the County owned Historic Dodgertown Complex. On September 11, 2018, the Board of County Commissioners approved an offer to purchase the Property for $2,400,000. On September 12, the County Administrator received the attached Agreement for Sale and Purchase (Agreement) from the City Manager for the Dodgertown Golf Course parcel. The terms of the Agreement are as follows: Purchase Price: $2,400,000 Deposit: $50,000 to be made upon full execution of the Agreement to an escrow agent (title company) of the County's choosing Conveyance: Fee Simple title to the 35.24 acres by Special Warranty Deed subject to the "Permitted Exceptions" which are: ➢ deed restrictions prohibiting the Property from being used for residential development ➢ existing City of Vero Beach Utility easements ➢ Runway Protection Zone at the northwest corner of the property and any avigation easements From Paragraph 1. (c) "Final description and total Property area may be adjusted to accommodate 'Aviation Boulevard 43rd Avenue right-of-way roadway project." See the sketch and legal description of the 0.02 acre (802 square foot) corner clip attached. The Property is currently zoned AL -1 and ALI-MC The County pays all closing costs, estimated to be $16,800, plus our title insurance, appraisal fees and Phase I environmental costs. 169 Agreement for Sale and Purchase September 12, 2018 Page 12 The proposed contract sets forth the following timeline: ■ October 5, 2018: Deadline for approval of the Agreement by both City and County. ■ October 15, 2018: City to provide County with a copy of all documents (survey, title insurance, environmental studies from when it purchased the Property back in 2005. • October 19, 2018: City to provide the County with any traffic studies, engineering reports, plans, maintenance or other documents concerning the use of the Property. ■ November 5, 2018: Effective date of the Agreement. ■ November 5, 2018: Deadline for the County to provide the City with a title commitment listing any liens, easements or other encumbrances on the property. ■ November 15, 2018: Deadline for the County to object in writing to the City if the title commitment lists any title defects. The City then has 30 days to cure the defect. If the defect cannot be cured, the County can accept the Property as is or terminate the Agreement and have the deposit money returned. ■ December 5, 2018: Deadline for the County to complete its survey and environmental assessment on the Property and report any defects to the City. • December 20, 2018: Deadline for the County to complete appraisals in support of the Purchase Price. ■ December 20, 2018: Deadline for the County to complete physical inspection(s) to determine if property is satisfactory to County for its intended uses. • January 20, 2019: Closing on or before this date. If there are any additional terms or conditions that either staff or the Board would like to be included into the Agreement, they should be inserted into the Agreement and included in our response to the City. Funding: Funding for the $2,400,000 purchase is available from a combination of Tourist Tax Fund reserves (119) for $250,000 and Optional Sales Tax Fund reserves (315) for the remaining balance of $2,150,000. Recommendation. Staff recommends the Board review the terms and timeline of the Agreement for Sale and Purchase of the Dodgertown Golf Course Property and direct staff to include any changes to the Agreement and authorize the Chairman to execute the Agreement on behalf of the Board. Copies to: Stan Boling, Community Development Director Richard B. Szpyrka, P.E., Public Works Director Michael Zito, Assistant County Administrator 170 This Agreement for Sale and Purchase (the "Agreement") is made and entered into as of the date last entered below by and between the Seller (as hereinafter defined) and the Buyer (as hereinafter defined), based upon the following recitals: A. Seller is the owner of the " Property" (as hereinafter defined) which Buyer desires to purchase upon the terms and conditions hereinafter set forth. B. Seller desires to sell the Property upon such terms and conditions. NOW, THEREFORE, for good and valuable consideration; the receipt and adequacy of which is hereby confirmed, Seller and Buyer do hereby mutually covenant and agree as follows: 1. DEFINITIONS. (a) Seller: City of Vero Beach, a Florida municipal corporation, with an address of P.O. Box 1389, Vero Beach, FL 32961-1389. (b) Buyer: Indian River County, a political subdivision of the State of Florida, with a mailing address of 1801 27t" Street, Vero Beach, FL 32960. (c) Land: That certain real property located at 43rd Avenue and 26" Street in the City of Vero Beach (the "City"), Indian River County, Florida (the "County"), containing approximately 35.24 acres more or less, together with the building and all fixtures therein, a legal description of which is set forth on attached *Exhibit "A" and hereby made a part hereof, together with all existing easements, air and mineral rights and all tenements, hereditaments, privileges and appurtenances thereto belonging or in any way appertaining thereto including, but not limited to: any pending or future award made in condemnation or in lieu thereof if any. If the Land consists of more than one parcel, there shall be no intervening strips, gaps, gores or lands to which any legal, equitable or beneficial interests are owned by others. In the event that the legal description as contained in the survey and in the title commitment described below deviates from the legal description attached hereto, the Buyer shall have the right to approve the change in the legal description to that contained in the Title Insurance Commitment. Said Land to be subject to such utility, drainage, and other easements existing or to be retained by Seller or any utility by conveyance by Buyer to Seller at. Closing. *(Final legal description and total Property area may be adjusted to accommodate Aviation Boulevard and 43rd Avenue right-of-way roadway project). (d) Improvements: All buildings and. other improvements situated upon the Land. (e) Realty: The Land and the Improvements. (f) Personalty: The Personalty shall include: (i) all existing, valid and transferrable licenses, permits and franchises issued by any federal, state or local authorities, relating to the use, development, maintenance or operation of the Improvements, if any; (ii) all architectural, engineering and construction plans, specifications and drawings relating to the Property owned by Seller, if any; (iii) all logos, art work, signs, brochures. artists' renderings, Page 1 of 15 Buyer's Initials Seller's Initials 171 and other advertising and promotional materials concerning the Property owned by Seller, if any. (g) Property: The Realty and the Personalty. (h) Deed Restrictions: The limitations placed on development or use of the Property as specified on the Special Warranty Deed and. listed as a title exception. 2. PERSONALTY. Seller agrees to sell and convey the Personalty, if any, to Buyer by Bill of Sale. 3. NET PURCHASE PRICE. The Purchase Price to be paid by Buyer to Seller for the Property shall be TWO MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($2,400,000.00) NET to Seller for Buyer's purchase of the Property in an "as -is" condition payable as follows: (a) A deposit of .Fifty Thousand Dollars ($50,000.00) (the " Deposit") shall be delivered to the .Escrow Agent by Buyer upon full execution hereof by both Seller and Buyer, which deposit shall be held in escrow subject to the terms of this Agreement by the Escrow Agent. Buyer's Title Agent shall serve as the Escrow Agent for such funds. (b) Subject to the terms of this Agreement, the balance of the Net Purchase Price, subject to prorations and adjustments provided for herein, is to be paid in unrestricted funds at the Closing. 4. TIME FOR ACCEPTANCE AND EFFECTIVE DATE. If this offer is not accepted by execution of this Agreement by both of the parties hereto on or before October -5, 2018, this offer shall thereafter be deemed null and void. The "Effective )Bate" of this Agreement shall be November 5, 2018 to allow the Buyer, at Buyer's own expense, to obtain satisfactory evidence in the form of a "clean" title insurance commitment, free of issues, and the parties are ready to proceed with this transaction and, subject to the ten -ns, conditions, and covenants contained herein below, prepared to close in accordance with the terms of this Agreement. In the event Buyer is. unable to obtain a clean title commitment within thirty (30) days of the Execution Date as defined below (unless waived by Buyer) this Agreement shall terminate, Escrow Agent shall return the Deposit to Buyer and the parties shall be relieved from any further obligation to the other. 5. EVIDENCE OF TITLE. Within ten (10) business days from the execution of this Agreement by Seller and Buyer ("Execution Date") Seller shall provide to Buyer a copy of its title insurance, if any, together with a copy of all recorded documents listed as exceptions thereon, if any, and a copy of the recorded deed of conveyance into Seller showing the legal description thereof. Within thirty (30) days from the Execution Date, Buyer shall (unless waived by Buyer), at Buyer's own expense, obtain a title insurance commitment issued by a title insurance company of Buyer's choosing, agreeing to issue to Buyer, upon recording of the deed to Buyer, an Owner's Title Insurance Policy in the full amount of the purchase price paid in cash, insuring title of the Buyer to the Property, subject only to liens, encumbrances, exceptions or qualifications set forth in this Agreement as Permitted Exceptions and as set forth on. Exhibit "B" ("Permitted Exceptions"), and those which shall be discharged by Page 2 of 15 Buyer's Initials Seller's Initials 172 Seller at or before Closing. Any such matters other than the Permitted Exceptions are hereinafter referred to as "Title Defects." Survey defects concerning the Property shall be deemed as Title Defects pursuant to this Article. Buyer shall have ten (10) days from date of receiving evidence of title, in the form of a commitment to insure, to examine same. If Buyer objects to any exceptions or items contained therein, Buyer shall, within the above referenced ten (10) day period, notify Seller in writing specifying the objections or defects to which Buyer objects. Seller shall have thirty (30) days from receipt of such notice within which to use its best efforts to remove said defect(s), however, Seller shall have no obligation to institute legal proceedings in order to remove a title defect. If Seller is unsuccessful in removing them within said time, Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of the Deposit paid hereunder which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released, as to one another, of all further obligations under the Agreement. At Closing the Buyer shall pay the necessary premium to the title agent selected by the Buyer, to procure issuance of the Owner's Title Insurance Policy as above set forth. 6. RESTRICTIONS ON USE OF PROPERTY. It is the Buyer's intention to restrict development and use of the Property with no residential development being permitted, which shall be memorialized in a deed restriction. The exact language of such restrictions shall be agreed to by the Seller and Buyer prior to closing, failing such agreement, this Agreement may be terminated by either party and the Deposit returned to the Buyer. 7. SURVEY AND ENVIRONMENTAL INSPECTION. Seller shall deliver to Buyer, within ten (10) days of the Execution Date, its existing survey of the Property and any environmental reports, if any. Buyer, within thirty (30) days of the Effective Date, may have the Property surveyed at Buyer's expense and may conduct an environment inspection or evaluation of the Property at Buyer's expense. If the .Buyer's survey or the Seller's survey, certified by a Florida surveyor, shows any encroachment of said Property, or that improvements located on the Property in fact encroach on lands of others, or violate any of the covenants set forth .in this Agreement, or contain any matters, other than the Permitted Exceptions, not approved or waived by Buyer, the same shall be treated as a Title Defect. Seller shall cooperate with Buyer in any re -certification of such surveys as Buyer may require. If the Buyer's environmental inspection or evaluation of the Property shows environmental contamination on the Property, or if Buyer's physical inspection of the Property shows that the Property is not reasonably acceptable to Buyer, then Buyer may accept the Property as -is as provided herein or may terminate this Agreement. 8. UNDERTAKINGS OF SELLER. Seller shall, within ten (10) business days from the Execution Date, deliver to the Buyer the following documents (the "Submittals"): Copies of all engineering reports, traffic studies, plans, specifications, artist renderings, photographs, certificates of occupancy, permits, additional plans, renovation plans, if any, and other documentation pertaining to the construction, operation, maintenance and/or use of the Property as may be in the possession of Seller, or readily obtained from any consultant or agent of Seller. 9. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents and warrants to Buyer as of the Execution Date and as of the Closing Date, as follows: Page 3 of 15 Buyer's Initials Seller's Initials 173 (a) Seller has good and marketable title to the Property, free and clear of all mortgages, liens, encumbrances, leases or tenancies, security interests, covenants, conditions, restrictions, rights- of-way, and easements (except for those to be retained by or conveyed to Seller or other utilities or entities), judgments or other matters except the Permitted Exceptions as defined herein. Notwithstanding the foregoing, there may exist one or more continuing licenses or other agreements affecting the property related to parking on or use of certain portions of the Property in conjunction with operation of the adjacent Historic Dodgertown property or stadium, and in conjunction with the adjacent 43`d Avenue roadway project, which licenses and/or agreements shall be either assigned or terminated prior to or at Closing. Such licenses include, but may not be limited to, license with Indian River County related to parking, license with MILB Vero Beach LLC related to signs, and temporary license with Florida Department of Transportation and/or Indian River County related to the 43`d Avenue roadway project. No agreement other than this Agreement concerning or restricting the sale of the Property is in effect, and no person or entity has any right or option to acquire the Property other than Buyer. (b) Except as set forth herein, Seller has not contracted for any services or employment and has made no commitments or obligations therefor which will bind Buyer as a successor in interest with respect to the Property and except as set forth herein, or in the Exhibits, Seller is not a party to any contracts affecting the Property which cannot be canceled upon not more than thirty (30) days' notice to the other parties thereto. (c) Except as set forth herein, no commitments have been made to any governmental authority, utility company, school board, church or other religious body, or any homeowners or homeowners' association, or to any other organization, group or individual relating to the Property which would impose an obligation upon Buyer or its successors or assigns to make any contributions or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Property. Except as set forth herein, no governmental authority has imposed any requirement that any owner of the Property pay directly or indirectly any special fees or contributions or incur any expenses or obligations in comlection with the ownership of the Property. Buyer understands that it may incur fees, contributions, or expenses in connection with any redevelopment of the Property. (d) No notices or requests have been received by Seller from any insurance company issuing any of the insurance policies affecting the Property which have not been complied with. Any notices or requests from any such insurance company received prior to the Closing Date shall be complied with by Seller prior to the Closing Date. (e) To the best of Seller's actual knowledge and belief, there are no pending or threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof. (f) Seller has received no notice of the intention of any public authority or other entity to take or use the Property or any part thereof. (g) Except for as otherwise. described in Section. (a) above, Seller is not a party or otherwise subject to any commitment, obligation, agreement, litigation, or other proceeding which would prevent Seller from completing the sale of the Property under this Agreement or knowingly adversely affect the value of the Property in the hands of Buyer. Seller has full power to consummate the transaction described in this Agreement, the execution and delivery Page 4 of 15 Buyer's Initials Seller's Initials 174 of this Agreement by Seller and the consummation by Seller of the transactions described herein having been duly and validly authorized by all necessary corporate action and the observance of all required formalities on the part of Seller, such that this Agreement constitutes a valid and legally binding obligation of Seller, enforceable against Seller in accordance with its terms. Neither the execution and delivery of this Agreement nor the consummation by Seller of the transaction contemplated' hereby, nor compliance by Seller with any of the provisions hereof will: (i) conflict with or result in a breach of or default under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, license, agreement, or other instrument or obligation to which Seller is a party or by which it or the Property is bound, or (ii) violate any order, injunction, decree, statute, rule, or regulation applicable to Seller or the Property, other than as disclosed to Buyer. (h) Seller has not received any actual notice of violation, of any applicable building, zoning, or other ordinances, resolutions, statutes, or regulations from any insurance company or governmental agency in respect to the operation or condition of Property and, to the best of Seller's actual knowledge, without independent inquiry, there are no such violations. (i) To the best of Seller's actual knowledge and belief, the Property has not in the past, and is not now, used as a depository or storage area for trash, garbage or any toxic waste, hazardous materials or toxins. Buyer is fully aware that the previous and/or current use of the Property may include or may have included fuel and/or petroleum product storage and that related fuel and/or petroleum products may be or may have been stored on the Property. 0) Seller has ftill power and authority to own and sell the Property and to comply with the terms of this Agreement. (k) The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement are within Seller's capacity. (1) All of the warranties and representations of the Seller set forth in this Agreement shall be true upon the execution of this Agreement, shall be deemed to be repeated at and as of the Closing Date, and shall be true as of the Closing Date. (m) The Property is currently zoned ALM and AL1 -MC. Buyer shall be responsible for pursuing any change in such zoning designation. 10. SPECIAL ASSESSMENT LIENS. Certified, confirmed, and ratified special assessment liens as of the Closing Date are to be paid by Seller. Pending liens as of the date of Closing shall be assumed by Buyer. 11. RISK OF LOSS. Seller shall bear all risk of casualty loss to Property occurring prior to Closing and shall maintain in full force and effect all liability insurance now in force through the Closing Date. In the event of any damage or destruction to any of the Property prior to Closing that is not restored by the Closing Date, Buyer may rescind this Agreement and receive a refund of the Deposit together with all interest thereon, if any. Specifically excluded from this provision is any loss resulting from the past, present or future. existence of environmental contaminants. Page 5 of 15 Buyer's Initials Seller's Initials 175 12. SELLER'S OPERATIONS PRIOR TO CLOSING. Seller agrees that between the Execution Date and the Closing Date,. Seller shall: (a) Not transfer any of the Property or voluntarily create on the Property any easements, liens, mortgages, encumbrances or other interests that would affect the Property or Seller's ability to comply with the terms and conditions of this Agreement. (b) Promptly disclose in writing to Buyer any material change in any facts or circumstances which would make any of the representations, or other provisions of this Agreement, inaccurate, incomplete, or misleading. (c) Cooperate with Buyer to assist Buyer in carrying out the transaction contemplated herein, in obtaining any approvals and authorizations, and in delivering all documents, instruments, or copies thereof or other information as may be reasonably requested by Buyer. 13. INSPECTION AND FEASIBILITY• APPRAISALS. Buyer shall have a period of forty- five (45) days after the Effective Date to make a physical inspection of the Property and to determine if it is satisfactory to Buyer. Buy shall also within said time obtain such appraisals supporting the purchase price of the Property as required by Fla. Stat. section 125.335 and notify Seller of receipt thereof upon completion. If the Buyer's physical inspection of the Property is unsatisfactory to Buyer, then Buyer may accept the Property as -is, as provided herein, or may terminate this Agreement within said forty-five (45) day period and have Buyer's Deposit returned. 14. CLOSING DATE. Subject to all of the terms, covenants, and conditions hereof, the sale and purchase transaction contemplated in this Agreement shall be closed on or before thirty (30) days subsequent to the end of the Inspection Period referenced in paragraph 13 of this Agreement. Provided that the Agreement has not been prior thereto terminated by the Buyer in accordance with any of the provisions of this Agreement, closing of this transaction shall occur at the offices of Buyer's Title/Escrow Agent, who shall also serve as the "Closing Agent,". gent, or shall occur without a sit down closing by utilizing delivery of documents by recognized courier service, wire transfer of funds, and other secure delivery methods. At such Closing, :Buyer shalt deliver to the Closing Agent, in the form hereinabove specified, all monies required to complete Buyer's payment of the Net Purchase Price of the Property and Seller shall execute. and deliver the special warranty deed, and other documents contemplated and required to be executed and delivered pursuant to the provisions of this Agreement. Seller and .Buyer shall also execute and deliver to the Closing Agent such other documents at such Closing as may be reasonably required of them in order to consummate and close the sale and purchase transaction contemplated in this Agreement pursuant to the terms hereof. The Closing Agent shall make all disbursements in accordance with a Closing Statement approved by Buyer and Seller. Buyer shall pay the cost of the Owner's Title Insurance Policy. Buyer shall pay the cost of recordation of all documents related to conveyance of ownership of the Property by Seller to Buyer. Seller shall pay the cost of recordation of all documents related to conveyance of easements by Buyer to Seller. Each party shall bear their own attorney's fees. 15. CLOSING DOCUMENTS. In addition to those documents otherwise required herein to be delivered, the parties shall deliver to the Closing Agent the following documents at Closing: Page 6 of 15 Buyer's Initials Seller's Initials 176 By Seller: (a) A Special Warranty Deed, in recordable form, by which Seller shall convey the Property to Buyer, subject only to the Permitted Exceptions and Deed Restrictions; (b) Such license ten-nination and/or assignment documents related to the existing licenses for use of the Property. (c) Such other items, instruments, or affidavits as may be required for issuance of an Owner's Title Insurance Policy as contemplated herein. By Buyer: (a) Easement Deeds and other documents as necessary to convey to Seller easements to be retained by Seller.-(I.e., utility and drainage easements; avigation easement). 16. AD VALOREM TAXES. Buyer recognizes that Seller, in its capacity as a municipality, is exempt from the payment of ad valorem taxes on the Property. Buyer shall be solely responsible for the payment of ad valorem taxes commencing as of the Closing, if assessed, and assessed or accruing thereafter, and Seller shall have no liability for the payment of any taxes that may have previously accrued or been assessed against the Property or any interest thereon. 17. LIENS. Buyer understands that the Property, being owned by Seller in its capacity as a municipality, is not subject to claims of lien. However, Seller, consistent with the requirements of insuring title, shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien, or potential claimants or lienors known to Seller and further attesting that there have - been no improvements to the Property authorized by or for Seller for ninety (90) days immediately preceding date of Closing. 18. EXPENSES. All closing costs, including, but not limited to, the cost of the title insurance policy, the cost of recording the deed, bill of sale, any mortgage, and all other fees and costs in connection therewith (i.e. documentary tax) shall be paid by Buyer. The cost of recording any corrective instruments or releases to provide clear title to Buyer, and easements conveyed to Seller or the public at Closing, shall be paid by Seller. 19. ESCROW. The Escrow Agent receiving funds pursuant to this Agreement is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse same subject to clearance thereof in accordance with the terms and conditions of this Agreement. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to his duties or liabilities under the provisions of this Agreement, the Escrow Agent may in his or her sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment or a court of competent jurisdiction shall determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Agreement, with the Clerk of the Circuit Court of Indian River County in conjunction with filing of the appropriate action, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully Page 7 of 15 Buyer's Initials Seller's Initials 177 terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the Escrow Agent shall not be .liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such. misdelivery shall be due to willful breach of this Agreement or negligence on the part of the Escrow Agent. 20. ATTORNEYS' FEES AND COSTS. In connection with any litigation, including appellate proceedings, arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, experts' fees, and costs, including attorneys' fees, experts' fees, and costs incurred in litigating entitlement to such fees and costs, as well as in determining or quantifying the amount. Reasonable costs to which the prevailing party is entitled shall include costs which are taxable under any applicable statute, rule, or guideline. 21. DEFAULT. If this Agreement is not otherwise terminated pursuant to the terms hereof, and should Buyer fail to close under this Agreement within the time specified, the Deposit paid by the .Buyer aforesaid, together with interest thereon, if any, shall be paid by the Escrow Agent to and retained by Seller as liquidated damages, consideration for the execution of this Agreement, and in full settlement of any claims, and Buyer shall be obligated to return all documents to Seller; whereupon all parties shall be relieved of all obligations under the Agreement. Should the Seller default or breach any obligation hereunder, the Buyer's sole remedy, shall be either to seek specific performance of this Agreement, or elect to receive the return of its deposit from the Escrow Agent, together with all interest thereon, if any, in which event the Agreement shall be terminated upon Buyer's receipt of the deposit and the interest, if any, and thereupon, neither party shall have any further rights hereunder or obligations to each other. In no event shall Seller be liable to Buyer for damages of any kind. 22. AGREEMENT NOT RECORDABLE, PERSONS BOUND AND NOTICE. Neither this Agreement nor any notice thereof shall be recorded in any public records. However; Buyer recognizes that this Agreement shall be part of the Public Records of the Seller in its capacity as a municipality and thereby subject to inspection and copying. This Agreement shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for either party shall be as effective as if given by or to said party. 23. SOLE AND ENTIRE AGREEMENT. This Agreement supersedes all prior discussions and agreements between the parties in respect to the conveyance of the Property and constitutes the sole and entire Agreement between Seller and Buyer in respect thereto. 24. MODIFICATIONS. No alteration, amendment, change, or addition to this Agreement shall be binding upon either party hereto unless and until reduced to writing and signed by both parties. 25. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of the other party and any attempt to assign this Agreement or any interest or right Page 8 of 15 Buyer's Initials Seller's Initials 178 hereunder without such written consent shall be deemed void and without any effect. Any permitted assignee shall take such assignment subject to all terms and conditions referenced herein, including; but not limited to, the ASIS provisions of this Agreement. 26. INTERPRETATION. For all purposes of this Agreement, except as otherwise expressly provided, or unless the context otherwise requires: (a) This Agreement and all questions of interpretation, construction, and enforcement, and all controversies arising hereunder, shall be governed by and adjudicated in accordance with the internal laws of the State of Florida. Venue shall be in Indian River County, Florida. (b) The captions, headings, and section numbers appearing in this Agreement are inserted as a convenience only and in no way define, limit, construe, or describe the scope or intent of such sections nor shall in any way effect the interpretation hereof. (e) The phrase "this Agreement" means this Agreement as it may be amended and/or supplemented from time to time. (d) Wherever the words "includes" or "including" as used in .this Agreement, the same shall not be construed to restrict or limit any of the language, terms, or definitions used in association therewith. (e) Any reference in this Agreement to an entity shall include and shall be deemed to be a reference to any entity that is a successor to such entity. (f) The words "Deposit", "Land", "Improvements", "Fealty", "Property", "Submittals", and "Personalty" shall be interpreted to include any and all respective portions thereof. (g) Whenever this Agreement requires that something be done within a period of days, such period shall: (i) not include the day from which such period commences; (ii) include the day upon which such period expires; (iii) expire at 5:00 p.m. local time on the date by which such thing is to be done; (iv) if six (6) days or more, be construed to mean calendar days unless specified otherwise; provided that if the final day of such period falls on a Saturday, Sunday or legal holiday in the state where such thing is to be done, such period shall be extended to the first business day thereafter; and (v) if less than six (6) days,. be construed to exclude any Saturday, Sunday, or legal holiday in the state where such thing is to be done which falls within such period, Time being of the essence. (h) Wherever in this Agreement, the consent of eitherparty to or of any act by the other is required, such consent shall not be unreasonably withheld or delayed, except as otherwise indicated, if at all. The consent by either party to or of any act by the other requiring further consent shall not be deemed to waive or render unnecessary the consent of such party to any subsequent similar act. (i) This Agreement may be executed in several counterparts, each of which, for all purposes, shall be deemed to constitute an original and all of which counterparts, when taken Page 9 of 15 Buyer's Initials Seller's Initials 179 together, shall be deemed to constitute one and the same Agreement, even though all of the parties hereto may not have executed the same counterpart. (j) Wherever in this Agreement provision is made for the doing of any act by any person it is understood and agreed that such act shall be done by such person at its own cost and expense: unless a contrary intent is expressed. (k) The phrase "Execution Date" shall be interpreted to mean the date of execution of this Agreement by both Buyer and Seller. 27, JUDICIAL CONSTRUCTION. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one :party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its. agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. 28. CLOSING DATE. The words "Closing" and "Closing Date," or words of similar importance as used in this Agreement, shall be construed to mean the originally fixed title and Closing Date specified herein or any adjourned time and date specified herein or agreed to in writing by the parties or any earlier date permitted herein. 29. DELIVERY OF POSSESSION. Possession of the Property shall be delivered to Buyer at Closing. 30. NOTICES. All notices, demands, or requests required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed to have been properly given or served to the addresses shown. below, and shall be effective upon being: (a) delivered by recognized courier service such as Federal Express; (b) delivered via e-mail with confirmation of receipt; (c) delivered by fax with confirmation of receipt; (d) by hand delivery; or (e) by being deposited in the United States mail, postage prepaid and registered or certified with return receipt requested. Notice to or from counsel for a party shall be the same as notice to or from a party. AS TO SELLER: James O'Connor, City Manager City of Vero Beach 1053 201h Place P.O. Box 1389 Vero Beach, FL 32961-1389 Phone No.: 772-978-4710 Fax No.: 772-978-4716 Email: JOconnor@covb.org Page 10 of 15 Buyer's Initials Seller's Initials 180 WITH A COPY TO: Wayne R. Coment, City Attorney City of Vero Beach 1053 201h Place P.O. Box 1389 Vero Beach, FL 32961-1389 Phone No.: 772-978-4730 Fax No.: 772-978-4733 Email: WComent(a�covb.or AS TO BUYER: Jason E. Brown, County Administrator 1801 27th Street Vero Beach, FL 32960 Phone No.: 772-567-8000 Fax No. 772-978-1822 Email: JBrown@i.rcgov.com WITH A COPY TO: Dylan Reingold, County Attorney 1801 27th Street Vero Beach; FL, 32960 Phone No.: 772-226-1424 Fax No.: 772-569-4317 Email: DReingold@iregov.com Rejection or other, refusal to accept or inability to deliver because of changed address of which no notice has been given shall constitute receipt of the notice, demand; or request sent. 31. SELLER'S AGENT. Except as otherwise provided herein, the Seller's City Manager shall be Seller's agent and shall have the authority to administer this Agreement on behalf of Seller, including but not limited to the authority to cause notices to be served on Buyer; enforce or terminate the Agreement upon default of any teens by Buyer; and to enforce Seller's rights as provided herein; but excluding execution of deeds and other Closing documents on behalf of Seller, which shall be as provided by law. 32. SAVING CLAUSE. Should any provision of this Agreement or application thereof to any person or circumstance be held invalid or unenforceable, the remainder of this Agreement, or the application of such provision, to any person or circumstance, other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the full extent permitted by law. 33. WAIVERS. Any term or condition of this Agreement, compliance therewith, or breach thereof may be waived by the party that is entitled to the benefit thereof, but no waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of such waiving party. Any such waiver by any party of any condition,. or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not invalidate this Agreement, nor shall such waiver be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation or warranty of this Agreement. Except as otherwise provided Page 11 of 15 181 herein, the failure of a party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights. A waiver by a party shall not invalidate this Agreement, nor shall such waiver be construed as a waiver of any other covenant, condition, representation,. or warranty. A waiver by a party of the time for performing any act shall not constitute a waiver of time for performing any other act or the time for performing an identical act required to be performed at a later time. 34. NO MERGER. The statements, representations, and warranties set forth in this Agreement shall not survive the Closing, except where specifically provided to the contrary. 35. BROKERS. Seller hereby acknowledges, represents, and warrants to Buyer that no broker or finder has been employed by Seller. Buyer hereby acknowledges, represents, and warrants to Seller that no broker or finder has been employed by Buyer or, if Buyer has so employed any broker or finder in connection with this Agreement or the transaction contemplated hereunder, Buyer shall be responsible for and pay all commissions that are payable to any broker or finder in connection with this Agreement or the transaction contemplated herein, and Buyer hereby .agrees to indemnify, defend, save, and hold Seller harmless from and against the payment of any commissions or fees or claims for commissions or fees due to Buyer becoming liable for or incurring such commissions or fees; it being expressly agreed that the foregoing agreement of indemnification shall survive any Closing under this Agreement. 36. DISCLOSURES. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 37. AS IS. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE AND ACCEPTED BY BUYER ON AN "AS IS", "WHERE IS", AND "WITH( ALL FAULTS" BASIS, WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY CONCERNING THE PHYSICAL CONDITION OF THE PROPERTY (INCLUDING THE CONDITION OF THE SOIL, AIR, WATER, OR THE IMPROVEMENTS OR FIXTURES), THE ENVIRONMENTAL CONDITION OF THE PROPERTY (OR ANY PORTION THEREOF) INCLUDING THE PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES ON OR AFFECTING THE PROPERTY (OR ANY PORTION THEREOF), THE COMPLIANCE OF THE PROPERTY (OR ANY PORTION THEREOF) WITH APPLICABLE LAWS AND REGULATIONS (INCLUDING ZONING AND BUILDING CODES OR THE STATUS OF DEVELOPMENT OR USE RIGHTS RESPECTING THE PROPERTY), THE FINANCIAL CONDITION OF THE PROPERTY (OR ANY PORTION THEREOF) OR ANY OTHER REPRESENTATION OR WARRANTY RESPECTING ANY INCOME, EXPENSES, CHARGES, LIENS OR ENCUMBRANCES, RIGHTS OR CLAIMS ON, AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF. BUYER ACKNOWLEDGES THAT BUYER, PRIOR TO THE EXECUTION DATE OF THIS AGREEMENT HAS HAD THE OPPORTUNITY TO REVIEW AND INSPECT ALL MATTERS WHICH IN BUYER'S Page 12 of 15 182 JUDGMENT BEAR UPON THE PROPERTY AND ITS VALUE AND SUITABILITY FOR BUYER'S PURPOSES. BUYER IS A SOPHISTICATED BUYER WHO IS FAMILIAR WITH THE OWNERSHIP AND OPERATION OF REAL ESTATE SIMILAR TO THE PROPERTY AND THAT BUYER HAS OR WILL HAVE ADEQUATE OPPORTUNITY TO COMPLETE ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTY HEREUNDER IT DEEMS NECESSARY, AND WILL ACQUIRE THE SAME SOLELY ON THE BASIS OF AND IN RELIANCE UPON SUCH EXAMINATIONS AND THE TITLE INSURANCE PROTECTION AFFORDED BY THE OWNER'S POLICY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER (OTHER THAN AS EXPRESSLY PROVIDED HEREIN). EXCEPT AS TO MATTERS SPECIFICALLY SET FORTH IN THIS AGREEMENT, BUYER WILL ACQUIRE THE PROPERTY SOLELY ON THE BASIS OF ITS OWN PHYSICAL AND FINANCIAL EXAMINATIONS, REVIEWS AND INSPECTIONS AND THE TITLE INSURANCE PROTECTION AFFORDED BY THE OWNER'S POLICY. 38. INDEMNIFICATION. Buyer agrees to fully defend, indemnify and hold Seller, harmless from and against all demands, claims, civil or criminal actions or causes of action, liens, assessments, civil or criminal penalties or fines, losses, damages, liabilities, obligations, costs, disbursements, expenses or fees of any kind or of any nature which may at any time after the Closing of this Transaction be imposed upon, incurred by or asserted or awarded related to or resulting from the presence, of any Hazardous Substance on, in or about the Property after the Closing including: (i) any acts or omissions of Buyer, its Agents, employees or contractors at, on or about the Property which contaminate air, soils, surface waters or ground waters over, on or under the Property; (ii) the breach by Buyer of any representation or warranty under this Agreement; (iii) pursuant to or in connection with the application of any .Environmental Law, to the acts or omissions of Buyer and any environmental damage alleged to have been caused, in whole or in part, by the manufacture, .processing, distribution, use, handling, transportation, treatment, storage or disposal of any Hazardous Substance by Buyer; or (iv) the presence of any Hazardous Substance on, in or about the Property occurring after the Closing of the Transaction. The term "Hazardous Substance" means: (i) any substance or material determined to be toxic, a pollutant or contaminant, under Federal, State or local statute, law, ordinance, rule or regulation or judicial or administrative order or decision, as the same may be amended from time to time,. including but not limited to petroleum and petroleum products as defined in Section 376.301(10), Florida Statutes, as the same may be amended from time to time; (ii) asbestos; (iii) radon; (iv) polychlorinated biphenyls (PCBs); and (v) such other materials, substances or waste which are otherwise dangerous, hazardous, harmful or deleterious to human health and safety or the environment. 39. SECTION 1031 EXCHANGE. Seller and Buyer agree to cooperate with each other in closing the sale of the Property as a like -kind exchange under Section 1.031 of the Internal Revenue Code (the "Code") if requested. Such cooperation shall include, without limitation, the substitution by either of an intermediary (the "Intermediary"). IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates entered below and the respective signatories of the parties whose signatures appear below hereby warrant and represent that they have been and are on the date of execution of this Agreement duly authorized to execute this Agreement on behalf of and bind their respective party. Page 13 of 15 183 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BUYER: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Peter D. O'Bryan, Chairman [SEAL] Date signed: Approved by BCC: Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: Dylan Reingold, County Atto ney [SIGNATURES CONTINUE ON NEXT PAGE] Page 14 of 15 184 ATTEST: SELLER:. CITY OF VERO BEACH, FLORIDA By: Tammy K. Bursick HarryHowie III City Clerk Mayor [SEAL] Date signed: Approved by CC: CITY ADMINISTRATIVE REVIEW (For .Internal Use Only -Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Wayne R. Coment City Attorney Approved as to technical .requirements: Monte K. Falls Public Works Director Approved as conforming, to municipal policy: James R. O'Connor City Manager Approved as to technical requirements: Cynthia D. Lawson Finance Director Page 15 of 15 185 EXHIBIT "A" Property Description Parcel Id Numbers: 32392600011.023000001.1, 32392600011023000001.2, 32392600011023000001.3 Situated in the State of Florida. County of Indian River, City of Vero Beach, and being a part of Tracts 4 and 5, Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: All of Dodgertown Parcel l -A as described in Official Records Book 19.6 1, Page 956 of the Public Records of Indian River County, Florida; Together R ith; Dodgertown Parcel 2-A & a portion of Parcel 1-C as described in Official. Records Book 2517, Page 547 of the Public Records of Indian River County, Florida; Together with; Dodgertown Parcel 3-A as described in Official Records Book 1961. Page 968 Of the Public Records of Indian River County, Florida; Less: That portion deeded to Indian River County as described in Official Records Book 2517, Page 551 ofthe Public Records. of Indian River County, Florida-, Also Less: That portion right of way deeded to Indian River County along 43rd Avenue; as described in Official Records Book 2878, Page 480 of the Public Records of Indian River County, Florida; Overall Parcel also being described as: Commencing at the northwest corner of Section 3-33-39; Thence South 00°00'47' West along the west line of said Section 3-33-39 for a distance of 30.00 feet: Thence South 89°45'39" ,East for a distance of 75.00 feet to a Point of intersection with the east right of way of 43rd Avenue and the south line of the Indian River Farms Water Control District's Canal A-3, said intersection also being the Point of Beginning of the following described parcel; Thence from the Point of Beginning, continue South 89°45'39" East on the said south line of Canal A-3 for a distance of 794.99 feet; Thence South 03°32'27" West for a distance of 582.12 feet; Thence South 00°14'21" West fora distance of 360.85 feet; Thence South 02150'58" East for a distance of 830.37 feet to a point lying 50 feet north of and perpendicular to the Indian River Farms Water Control District's Main Canal; Thence South 69°22'53" West and parallel with the said Main Canal for a distance of 880.69 feet to a point on the east right of way of 43rd Avenue; Thence North 00°00'47" East along the said east right of way of 43rd Avenue for a distance of 88.90 feet: Thence North 04°41'53" East for a distance of 159..16 feet; Thence North 00100'47" East for a distance of 345.57 feet; Thence North 10°28'14" East for a distance of 33.06 feet; Thence North 00100'47" East for a distance of 75.08 feet; Thence North 07°48'44" West for a distance of 139.55 feet: Thence North 00°00'47" East for a distance of 1220.72 feet: Thence North 45°07'34" East for a distance of 35:29 feet to the Point of Beginning; Said parcel containing 1,535,197 square feet or 35.24 acres more or less. Note: said parcel subject to easements as shown. 186 x ¢err• 1 EQ4�b�z:8t8�8 i i MAH- ;9 o. { ¢a eC _ •Dia �� IV ( 1 3 a •s.�a_._'_ _ ice_ _ _ L _ - (t ; 8§ 3 Y µ: r 7 M. ! 1-z Ica �st �\ ' ----- --------------' � a•g f L * R$ HA q ! Q' EFa sg gaE 8q tc.. t�A 6 $ a• � iSddt - a €. y a Pi3if141,'•nvRnA a '�gg e q L � e 3 $ fE- Leat• as rs � g ° a+ va � — $ 8 n 8.3E g s a a a a ¢ a a E i3 a S � fitos as @ � !� �i $� 3� �3 �'p FJ: ' � i ° z � � a ? "z c � t ar - � �� it�a °� a R: �j �� ��` ;E �• ,. ' t� - � �• 4 i$ 187 1 i i ! 66 F ...................... ! '• ---- .1....................... M. ! 1-z Ica �st �\ ' ----- --------------' � a•g f L * R$ HA q ! Q' EFa sg gaE 8q tc.. t�A 6 $ a• � iSddt - a €. y a Pi3if141,'•nvRnA a '�gg e q L � e 3 $ fE- Leat• as rs � g ° a+ va � — $ 8 n 8.3E g s a a a a ¢ a a E i3 a S � fitos as @ � !� �i $� 3� �3 �'p FJ: ' � i ° z � � a ? "z c � t ar - � �� it�a °� a R: �j �� ��` ;E �• ,. ' t� - � �• 4 i$ 187 EXHIBIT "'By' PERMITTED EXCEPTIONS 1. All applicable law, ordinance, zoning, and governmental regulations 2. Taxes for the current year, which are not yet due. and payable, and subsequent years. - - 3:- Easements;-restricfions; covenants -and conditions as set -forth in the Plat, if any. - -- - - 4. All easements of record. 5. Any easements in favor of Seller, utilities, or the public necessary over existing and future utility or drainage facilities. 6. Restrictions related to the Runway Protection Zone (RPZ) affecting the Property related to the Vero Beach Regional .Airport pursuant to applicable City of Vero Beach Land Development Regulations and Florida Statutes, as well as any avigation easement related thereto. 7. Deed restrictions providing that the Property may only. be developed or used for uses with no residential development being permitted. The exact language of such restrictions to be agreed to by the Seller and Buyer prior to Closing. no ! ,ALSGRIRTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 4, SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER .FARMS COMPANY SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE, BEARING SOUTH 89'45'48" EAST, ALONG THE NORTH LINE OF SAID SECTION 3, A DISTANCE OF 75.12 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00'14'12" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH UNE OF LATERAL A-3 AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'45'48" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 136.04 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 68'26'07" WEST, A DISTANCE OF 5.39 FEET TO A POINT; THENCE, BEARING NORTH 89'45'48" WEST, A DISTANCE OF 116.03 FEET TO A POINT; THENCE, .BEARING SOUTH 45'07'21' WEST, A DISTANCE OF 56.46 FEET TO A POINT ON THE EASTERLY RIGHT OF.WAY LINE OF 43RD AVENUE (CLEMANS AVE); THENCE, BEARING NORTH 00'00'29" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 16.99 FEET TO A POINT; THENCE, BEARING NORTH 45'07'16" EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 35.29 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 804 SQUARE FEET OR 0.02 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. LEGEND SECTION UNE PROPERTY LINE PROPOSED R/W ACQUISITION EXISTING R/W UNE R/W RIGHT OF WAY ORB OFFICIAL RECORDS BOOK PG PAGE POS POINT OF BEGINNING POC POINT OF COMMENCEMENT SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE NORTH LINE OF SECTION 3. SAID UNE BEARS NORTH 89'45'48" WEST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) INFORMATION SHOWN HEREON IS BASED UPON THE PRELIMINARY RIGHT OF WAY MAP FOR AVIATION BOULEVARD PERFORMED BY SURDETTE AND ASSOCIATES. INC. I P.O.C. Nq N.W. CORNER (, SECTION 3 ",y' 33 34 Li — 804 SO. IFT. 0.02 ACRES J M z w o z 3 Z JI r L6 w 43' {-- � �J) 50' I N W E S 0 100, 200' GRAPHIC SCALE 100' eftbno3010 Aq WdLS:I ef10L 'Li wW J 60' 26th S77>'F.ET'(WA LKERAVENUE) 30' P.O.B. S89'45'48"E — — +— BASIS OF BEARINGS NORTH UNE SECTION 3 do TRACT 4 L3 LA77JW A-3_C.AML 6 2 _j3 T Cdr SOUTHERLY LINE LATERAL A-3 r 30' 32392600011023000001.3 CITY OF VERO BEACH O.R.B. 1961, PG. 950 TRACT 4 SECTION 3, TOWNSHIP 33 SOUTH. RANGE 39 EAST INDIAN 'RIVER FARMS CO. SUBDIVISION P.B. 2. PG. 25 A,fs certlffes Not o lepof desar tlo" and sketch of Ole proa- descrtbod hereon , made on ar my soparWaton and tha! lhls,legol des.*t(n eM sketch meets tha mMbnum leah"f.& tandWds set lorM Dy Ma Aarlde Doord o1 Pmfeasfonof Land Sbrsalos M Chopter 61C)7-6 Flofdo Admh/at'vtl- Code, porsoanf to Section 472.027. noddo Statutes And Mot fhfs &.51" M o fnre 'aid—'e lhsraof !o fbe bast of my kno,dadpe and b a f. 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SLbliWO to notes eM nolotlo- sh— hereon. �, W vQQ U O Yv0 � ad tL Q -r Z ON0 a 0 W � W OZ Q a0a VI [LI Z J c%% tOT VALID OF Aft• ON�rCME SIONATiM AND ENSED SVRVVkW AND RAPfP R ADOM ez-cs tlW x\wr"+n Pas Psol aonP Wale irouvnr Izouon\Rw re'eun\ H A 11�11 a 635-Q 189 '�y}tt15T "rA0fAT10�4�[3� t v mss. =.�1 i c �•� �' 1 1 I�'..� {tj �•� � '�� :i) -Hord , J �• _ )glYl� rel' G� i-..rHCf. 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R 32960 9 of Public Works 1 "=200' • Preserves historical 43rd Avenue free line and adjacent distinctive elevated greens and fee. • Provides special event parking (gross) and Informal recreation area. • Provides easVwest formol paved driveway to access commercial site and special event parking areas, recreation, special event area. • Provides commercial site for a hotel S restaurant with visual access to Holman Field. • Interconnects with Historic Oodgerlown. • Provides a pedestrian trail/service rood. LEGEND ® = COMMERCIAL AREA = GRASS PARKING AREA ® = GREEN SPACE AREA DODGERTOWN DRAFT CONCEPTUAL PLAN o. oa _� oo C M 4 q S O C c Ora m O bq i� Q C O q O b G W Q ^I Om GO Id~ Y W U tE udi�O O� ym[ VI U W'I I7 V o m m m w m Mx oEA`m'b_bago 11 11 II NCD` 4.0� G aa4 Cy CyQOU "kit ov f It V ILi i4o, _.,1.- '�rr" - -" K .r� , .. � I �..4 _`SIV. •�',.�� . 3 _ `a fe41 �, fy_• �==���j� Imo. I � ,rf. `��:'1 .�:: i 1 � ! 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Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell,. Conservation Lands Manager Subject: Notice of Hazard Mitigation Grant Program Award (Hurricane Matthew) for Oslo Riverfront Conservation Area DESCRIPTIONS AND CONDITIONS: On June 6, 2017, the Board of County Commissioners approved staff's recommendation to apply for the Hazard Mitigation Grant Program (Hurricane Matthew) for Oslo Riverfront Conservation Area. The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP program is a federally funded program that is allocated and distributed by the State. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long-term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA -approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS) (Resolution No. 2010-059 adopted on July 13, 2010, and revised Resolution No. 2015-078 adopted July 7, 2015). Indian River County's LMS Working Group members revised the prioritization list in April 2017 after Florida Division of Emergency Management review and compiled a list of 12 county -wide projects which included Oslo Riverfront Conservation Area Wildfire Protection (ranked #1). THE PROJECT: Purchased in 1995, Oslo Riverfront Conservation Area (ORCA) is one of Indian River County's oldest and most actively used conservation areas. The 298 -acre conservation area is adjacent to Forest Park Subdivision and South Vero Square Shopping Center. Homes in the Forest Park Subdivision are located approximately 12-20' from the boundary of the conservation area, which is generally dense with exotics including Australian Pines and Brazilian Pepper. The vegetation is only 10-15' from many of the homes' rooflines. Access for staff to maintain the boundary is extremely limited, and must be accessed through private homeowner's property. Through this HMGP grant project, staff proposes to create an initial 100-150' firebreak between the conservation area and the homes that abut the conservation area. This will initially provide a clear zone for staff to access the property for follow-up management and maintenance of the 190 vegetation and will provide necessary fire protection in the event of a wildfire. As management continues;'the firebreak will be maintained at a width of approximately 20-30' to provide access as needed for management and emergency services. Through this process, staff will also address encroachment issues and reestablish the conservation area boundary consistent with other county managed lands, including establishing boundary signs and fencing where necessary. Throughout the grant process, staff has completed the state review requirements including historical and environmental approvals for the project. In addition, there were public advertisements of the project on the County's website and review of public comment through letters and emails. Staff received 19 responses for public input, 18 of which were positive and 1 that was requesting project clarification. On July 12, 2018, staff was notified that the project was approved and the County would receive the Federal Funding Agreement for execution. On August 29, 2018, the County received the Federally -Funded Subaward & Grant Agreement — Agreement Number H0110; Project Number 4283-40-R for consideration and approval from the Florida Division of Emergency Management, Bureau of Mitigation. FITNDTNG- A potential funding source identified_ for the project is the Native Upland Mitigation Fund (12721037-033490). This funding source was presented at the June 6, 2018 Board of County Commissioners meeting. The County match under this grant is $16,250 and the FEMA funding is $48,750. RECOMMENDATION: Staff recommends authorizing the Chairman to execute the grant award contract and to direct Budget Office to authorize $16,250.00 for the project from the Native Upland Mitigation Fund; and, authorize the Chairman to execute the Grant Agreement and necessary forms attached to the grant contract, as required. ATTACHMENT: 1. Federally -Funded Subaward & Grant Agreement —Agreement Number H0110; Project Number 4283-40-R 2. Grant Form APPROVED AGENDA ITEM FOR SEPTEMBER 18, 2018 191 Agreement Number: H0110 Project Number: 4283-40-R FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Indian River Cou Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: 59-6000674 FEMA -DR -4283 -FL July 9, 2018 Upon Execution thru August 31, 2020 $48,750.00 $48,750.00 $48,750.00 Indian River County — Wildfire Mitigation Project Federal Emergency Management Agency FL Division of Emergency Management Velma.noe�em.myflorida.com 97.039 Hazard Mitigation Grant Program N/A N/A . 192 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by. Section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 193 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Divisim shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: Velma Noel, Project Manager Division of Emergency Management Bureau of Mitigation 2702 Directors Row Orlando, Florida 32809-5631 Telephone: (850) 815-4571 Email: Velma.noelaem.mvflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Elizabeth Powell, Conservation Lands Manager Indian River County 5500 77th Street Vero Beach, Florida 32967 Telephone: (772) 226-1873 Email: bpowell(a)ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 194 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on August 31, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $48,750.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 195 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), 196 Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) fiscal years from the date of 197 completion of grant cycle or project. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 198 basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. 199 §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 200 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 201 (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 202 a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida.Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the 203 notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 G.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 204 paragraph (17) above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: 205 L Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. 206 c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act A. Attachment J — Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 207 (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management', and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in 208 excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies; to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub - Recipient plans -to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor -of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions 209 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 210 (24)COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. 211 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. , ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared 212 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory 213 assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 214 (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 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. 215 (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 216 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: Indian River County By: Name and Title: Date: FID#: 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Michael Kennett, Deputy Director Date: 217 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $48,750.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Other projects that reduce future disaster losses 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE. Section 200.331(a)(1) of 2 C.F.R., as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects be included on pg. 1 of this sub -grant agreement and in Exhibit 1 be provided to the Sub -Recipient. 218 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to mitigate at -risk areas and decrease the risk of damage or loss of life from wildfires in Indian River County, Florida; funded through the Hazard Mitigation Grant Program (HMGP) DR -4283-40-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Indian River County, agrees to administer and complete the scope of work as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub - Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to create a firebreak that is approximately six acres and averages 125 feet wide and is located at 150 9th Street SE, Vero Beach, FL 32962. The proposal is to create a firebreak in the Oslo Riverfront Conservation Area between 72 homes in the Forest Park subdivision and the Conservation Area. This will add wildfire protection to the subdivision. The project is designed to provide a 4 -year protection. All activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: Boundary Coordinates: 1) (27.5913, -80.3787) 2) (27.5912, -80.3708) 3) (27.5938, -80.3708) TASKS & DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision, for performing all work per plans presented to the Division by the Sub -Recipient, and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. 219 The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide wildfire protection The project shall be implemented in accordance with plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize recurring wildfire and reduce vegetative fuels to at risk structures that, if ignited, pose a significant threat to life and property. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal.of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the O&M plan (operations and maintenance plan). b) A certification stating that the plan is consistent with the guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. c) A certification stating the SOW compliance and the completion of the project following rules and regulations in conformance with the Department of Forestry, for rural areas and the Local Fire Department, for urban areas. d) Letter verifying compliance with the National Historic Preservation Act, to include if archaeological material or human remains were encountered during project activities, if so, how they were handled. e) Proof of compliance with Project Requirements and Conditions contained herein. 3) During the course of this agreement the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete 220 prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation, which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub - Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount; The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of mitigating the threat of future wildfires through creating a firebreak in the Oslo Riverfront Conservation, Vero Beach, Florida 32962; includes creating a firebreak that will provide wildfire protection to subdivisions in the area. 221 The completed project shall provide a 4 -year protection. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the O&M plan (operations and maintenance plan). 3) The Sub -Recipient shall provide a copy of a certification stating the plan is consistent with guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. 4) The Sub -Recipient shall submit a certification stating the SOW compliance and the completion of the project following the rules and regulations in conformance with the Department of Forestry, for rural areas and the Local Fire Department for urban areas. 5) The Sub -Recipient shall follow all applicable State, Local and Federal Laws Regulations and requirements, and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground -disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division has completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 222 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions E) Programmatic: 1) The Division and FEMA must approve a change in the scope of work in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 - days prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) Documentation that demonstrates that no Duplication of Programs (DOP) will or did occur, that other Federal programs have been investigated, and that the Applicant has coordinated with other appropriate Federal Agencies, upon project closeout. 9) A statement acknowledging that a final Operations and Maintenance (O&M) Plan shall be submitted to FEMA before project closeout. O&M plan must include all of the following information: a) Information demonstrating that the requested wildfire project shall be maintained to achieve the proposed hazard mitigation. b) A description of the maintenance activities in the mitigation project (e.g., defensible space, hazardous fuels reduction, ignition -resistant construction) c) The period of time the community is committing to maintain the area and/or project site, which must be consistent with the project useful life in the Benefit -Cost Analysis d) A discussion of the post -closeout activities that will be undertaken to maintain the area and/or project site for the duration of the project useful life e) The schedule for implementation of the maintenance activities. 10) Verification of compliance with current codes and Best Practices at closeout. This is FEMA project number 4283-40-R, is funded under HMGP; FEMA -4283 -DR -FL; and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. The project was awarded by FEMA on July 09, 2018; this project shall begin upon execution of both parties; and the Period of Performance for this project shall end on August 31, 2020. FINANCIAL CONSEQUENCES: 223 If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State / Local Contracting: 2 Months Construction Plan/Technical Specifications: 2 Months Bidding / Permitting: 2 Months Implementation/Construction: 12 Months Final Inspection 3 Months Closeout Compliance: 3 Months Total Period of Performance: 24 Months BUDGET Line Item Budget* Project Costs Materials/Labor: $65,000.00 Total Project Costs: $65,000.00 Federal Share Local Share $48,750.00 $16,250.00 $48,750.00 $16,250.00 *Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Summary Federal Share: Local Share: Total Project Cost: $48,750.00 (75.0%) $16,250.00 (25.0%) $ 65,000.00 (100.0%) 224 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part Il, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 225 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 226 (14) 2 CFR, Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 227 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 228 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub - recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 229 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in .an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub - recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all 230 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 231 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) 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 (Public Law 94-163). 232 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 233 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: Indian River County REMIT ADDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: Wildfire Mitigation Project PROJECT #: 4283-40-R PROGRAM: Hazard Mitigation Program CONTRACT #: H0110 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment #: Eligible Amount 100% (Current Request) Obligated Federal Amount _% Obligated Non- Federal _% Division Use Only Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME / TITLE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL DATE: ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTA APPROVED FOR PAYMENT DATE 234 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: Indian River County PAYMENT #: PROJECT TYPE: Wildfire Mitigation Project PROJECT #: 4283-40-R PROGRAM: Hazard Mitigation Program CONTRACT #: H0110 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 235 REF NO2 DATE' DOCUMENTATION ° (Check) AMOUNT ELIGIBLE COSTS 100% 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 235 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: Indian River County If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the.first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 236 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions: Complete and submit this form to the appropriate Project Manager within 15 days of each quarter's end date. SUB -RECIPIENT: Indian River County PROJECT M 4283-40-R PROJECT TYPE: Wildfire Mitigation Project CONTRACT M H0110 PROGRAM: Hazard Mitigation Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): Jul -Sep 20_ $ Oct -Dec 20_ $ Jan -Mar 20_ $ Apr -Jun 20_ $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? ❑ Yes ❑ No (if No, please describe under Issues below) Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Date Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Additional Comments/Elaboration: NOTE. Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: Date Reviewed: Actions: - To be completed by Division staff — Reviewer. 237 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 CY.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 238 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, of the Sub -Recipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date Indian River County Sub -Recipient's Name H0110 DEM Contract Number 4283-40-R FEMA Project Number 239 Attachment Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first-tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to -the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4283-40-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $48,750.00 OBLIGATION/ACTION DATE: July 9, 2018 SUBAWARD DATE (if applicable): DUNS#: DUNS# +4: 079208989 240 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to create a fire break that is approximately six acres and averages 125 feet wide and is located at 150 9th Street SE, Vero Beach, FL 32962. The proposal is to create a firebreak in the Oslo Riverfront Conservation Area between 72 homes in the Forest Park subdivision and the Conservation Area. This will add wildfire protection to the subdivision. The project is designed to provide a 4 -year protection. All activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: Boundary Coordinates: 4) (27.5913, -80.3787) 5) (27.5912, -80.3708) 6) (27.5938, -80.3708) Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: "*Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 241 In. your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http/lwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount. recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 242 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank (Highest to Lowest) Name (Last, First, MI Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 243 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: 244 OMB Guidance (D) Davis -Bacon Act. as amended (40 U.S.C. 31414148). When required by Federal grogram legislation, all prima construction contracts in excess of 52.00 awarded by non -Federal entities must include a provision for compli- ance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department, of Labor regulations (29 CFR, Part a, "`Labor Standards Provisions Appli- cable to Contracts Covering Federally Fi- nanced and Assisted Consaaucttmn"). In ac- cordance with the statute. contractors must be required to pay wages to laborers and me- chanics at a rate not less than the prevailing waw speeif3ed. in a wage determination made by the Secretary of Labor_ In addition, contractors must be required to pay wam. not less than once a week. The non -Federal entity must place a copy of the current pre- vailing wage determination issued by the De- partiment of Labor In each solicitation- The decision ;to award a contract or subcontract most be conditioned upon the acceptance of the wage determination_ The nam -Federal en- ttty mn.".t report all suspected or reported violations to the Federal awarding a±eucy. The contracts must also Include a provision for compliance with the Copeland -Antt- Kickback" Act (44 U.S.C. 3145). as supple- mented by Department of Labor rgeulations (29 CPR Past a. "Contractors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans. or Grants from the United States")_ The Act provides that each contractor or sub - recipient must to prohibited ftum induc mg, IAF an. means. any person employed in the construction. completion. or repair of puhlia work. to give, up any part of the compensa- f2on to which he or she is otherwise entitled. The non-Pederal entity must report all sus- pected or reported violations to the Federal swardimg aaency. (R) Contract work Homs and Safety Standards Act (40 U.S-C- =M-2708)- Where applleabW an contracts awarded by the num- Federal ant&ty in excess of 310OX00 that in- volve the employment of mechanics or labor- ers must include a provision for compliance with 44 U_S_C_ Tiff„+ and 3i4i, as supplemented by Department of Labor regulations (29 CFR. Part s)- 'Ulnder 44 U-S.C. 3;02 of the Act_ each contractor must be requited to compute the. wages of every mechanic and laborer on the flaw of a. standard work week of 40 boors. Work in excess of the standard work ;seek is permissible provided that, the worker is com- pansated at a rate of not less than one and a half ttro the basic rate of pay for all hours worked in excess of 40 hours in the work week_ The requirements of 44 U-S_C_ 3501 are applicable to construction work and provide, that no laborer or mechanic must be re- quired to work in surroundings, or under working conditions which are unsanitary. hazardous or dangerous. These requirements do not apply to the purchases of supplies or Pf. 260, Sapp. n materials or articles ordinarily available on the opera market, or contracts for transpor- tation or trmisrnlsston of Intelligence. (F) Rights to Inventions Tilade Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" finder T CFR, J4032 (a) and the recipient or sabaeciptant wishes to enter into a contract with: a. small business firm or nonprofit orga- niaatlon regarding the substitution of par- ties. assignment or performance of expert - mental, dweIapmiental, or research work under that. "funding agreement- the reclpl- ent or subreciplent must comply with the re. gcrrgmmnts of 37 CFR Part 441. "Rights to In- ventions Made, by Nomprofat Organisations and Small Business P ams Under Goverm- ment Grants, Contracts and Cooperative Agreements." and any implementtni' regular tions issued by the awarding agency. (G) Clean Al Act (42 U.8-43- x401-7M1q.) and the Federal Water Pollution Control Act (33 U.S.C- flra%iip, as amended—Contractsarad subgrants of amounts in excess of: SIB0.00r1 must contain a provision that requires the non -Federal award to agree to comply with all aprplicable standards, orders or regular tions issued pursuant to the Clean Air Act (42 U_S-C. TMM4"�a q) and the Federal Water Pollution Comtaol Act as amended (33 U -S C. IM =1. Violations must be reported to the Federal awarlina• agency and the Regional Office of the Environmental Protection Agency (EPA). (i.) Mandatery .standards and policies ra- lattng to enemy efficiency which are con- tained in the, state energy conservation plan issued in compliance witb the Energy Policy and Conservation Act (42 U- S.C. GMI). (1) Debarment and Suspension (Executtve Orders 12M and 12p—A contract award (see 2 CPR. M -M, must not ba made to par- ties listed an the sovernmentwide Excluded Parties List System in the System for Aland IMumgamsnt (SAM). in accordance with its ObM guidelmes at 2 CFR lip➢ that implement Executive. Orders 12549 (3 CFR Part INS Cramp., p- 1891 and MOM (3 CFR Part 1999 Compr. pa. 235), "Debarment and Suspension." .'Plea Rr luded Parttes List System in ;SAM contains the nines of parties debarred. sus- pended. or otdarwsm excluded by agencies. as well as piarttes declared ineligible under stat- utory or regulatory authority other than Ex- ecutive Order I=) (s) %7d Anti -Lobby Amendment (31 U._C. 135 }-Contsaetrm that ;apply or hid for an award of 8100,400 or more mast Ille the required certiflcattmn Each tier certifies to the tier above that it will not and has mot used Federal appruWtatad fiuris to lav arty person or organization for influencing or at- tempting to tnflummo an officer or employee of any aaaeemcy, a member of Congress. officer or.emp3lmyee of Con --rasa, or an employee of a mremrner of Congress in connection with oh- tainlnz any Federal contractgrant or any 195 245 Pt. 200, App. III other award covered by 31 U.S.C. iaV- Fach tier must also disclose any lobbyiris with non -Federal fiends that takes place in con- nection with obtalnlne any Federal award_ Such disclosures are forwarded from tier to tier up to the non -Federal award.. (li) See §210.x'2 Procurement of recovered materials. APPErD1x III. To PART 2W—Imrru= (F&A) CosTs. IDEii'E`mcAno''-v AND AssicNmRNT. AND SATES DaTEPBom- TION FOR INSTITS ONS OF $IGEIEI?d. A. Ge vEp- L This appendix provides criteria for idenl3- fyMer and compiltina indirect (or Itadireci, (F&A)) rat+es at llMs (Instatutions). Indirect (FS:A) costs are those that are Incurred for common or joint objectives and therefore cannot be identified readily and speaftically with a particular sponsored project, an tm- struct3onal activity. or any other instttu- tlonaf activity. See subsection B -I_ Defint- Uon of Facilities and Adminlstrataan- for a discussion of the components of indirect (P&A) costs. L Maim Functtcros of an Inarttutrrn Refers to Instruction. organized r escarch other sponsored activities and oto Imsttt;m- tiontil activities as defined in this sectaen: a. Mstructtvn. means the teashlne and training activities of an Inst:itutiom Except for research traintn:! as. provided Im sub- -action b. this term includes all ieachla-g and training activities* whether they are offered for credits toward a deerao or certiacate or on a non-credit basis, ani whether they am offered through regular academic dspart- mants or separate divisions, such as a sum- mer school division or an extension division_ Also considered part of this, major functiva are departmental research -,and, where agreed to. university research. (1) Svisored imstrurfton sad tmt tr,d specific instructional or training actsvi ate' es tablished by grant. contract. or cooperative arreement. For purposes of the cost l e2tn- ciples, this activity may be considered a major function even though an Instftutian's accountlue treatment may Include it in the instruction function. (2) Departmental research means research. development and scholarly activities that are not organized research and, con- ser.Iuemtly. are not separataly bndgetalf and accounted for. Departmental research, for purposes of this document, is not considered as a major function. but as a pari of the an- struction function of the institution. b_ Organwad research means all research and development activIttes of as Institution that are separately budgoted and accounted for. It includes: 2 CFR Ch. 11(1-1-1A Ediffl n) (1)'Spvnswed research means all research and development activities that .are spon- ;ured by Federal and non-Pederal,aeencles and organizations. This term includes activi- ties Invoicing the training of individuals in research techniques (commonly called re~ search training) where such activities atllim the same facilities as other research and de- velopment activittts and where such activi- t"Ies are not included in the instruction func- tion- (72) Unirtfalty research, means all research and development activities that are separ rarely .budgeted and accounted for by the in- sldtutfon under an internal application of in- s9.itutionsl fonds_ University research. for purposes or this document. must be com- blued with :sponsored research under the function of ammmired research. c, 01her spoxas ud aeflodttes means programs and projects financed ley Federal and non - Federal agencies and organisations which in- volve the performance of wort: other than in- starilctinm and creanizAd research. Examples of such programs and projects arcs health service+ projects and community service pro - grains. However. when any of these activities aro undertaken by the institution without outside support, they n ,g be classified as Other institutional activities. dl_ Other fissttfstgonal actlrwes means all ac- taviiles of an tnstitutlon except for instruc. tton; 64;ar-tmental research. oapauized rs- sear h. and other sponsored activities, as de- Elned In this section_ Indirect (P&A) .cost ae- tavitdes Identified in this Appendix para - =0 B. Identification and assignment of in- direct (P&A) costs: and specialized services facilities described in §200.403 Specialized Mm Ice factlitles of this Part_ Rxamples of other Institutional actLvitles Include operation of residence lulls. dining halls,, hospitals and clinics, student unions. Intercollegiate athletics, bookstores. faculty hoasftm_ student apartments, guest houses. chapels, theaters, public museum . and other similar auxiliary ainterprmws. This definition also includes any other categories of acttvi- tles, costs of which are "unallowable"" to Federal awards. unless otherwise indicated In an award_ 2. Criteria for Distribution a. Bare period A base partod for distrnbu- tlon of indirect (F&A) costs is the T*rlod darlar which the costs are incurred The base period normally should oomcada with the fiscal year established by the Iustitutton, but in any event the basa period should ,be so selected as to avoid fnequittes in the disc tribution of casts. b. heert fur axrsf grarrxplrrps. The overall ob- jecttve of the indirect (P&A) cost allocation process is to distribute the indirect (P&A) costs described in Section B. Inc ttfication and assignment of indirect qF&A) oosts, to 6N 246 GRANT NAME: Hazard Mitigation Grant Program - IRC ORCA Wildfire Mitigatio GRANT # AMOUNT OF GRANT: $48,750.00 DEPARTMENT RECEIVING GRANT: Parks Division, Conservation Lands CONTACT PERSON: Beth Powell TELEPHONE: 772-226-1873 1.. How long is the grant for? ends August 31, 2020 Starting Date: July 9, 2018 2. Does the grant require you to fund this function after the grant is over? Yes X No X 3. Does the grant require a match? Yes No If yes, does the grant allow the match to be In -Kind services? X' Yes No 4. Percentage of match to grant 75% *allowed, but not applied for. 5. Grant match amount required S 16,250.00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Upland Native Mitigation Fund 12721037-033490 (contingent uppon BCC approval) 7. Does the giant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes; please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries& Wages (PT) 012.11. Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 0 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ u Grant Amount Other Match Costs Not Covered Match Total First Year $48,750.00 $ 0 $16,250.00 $ 60 000.00 Second Year $ 0 $ 0 $ 0 $ 0 Third Year $ 0 $ 0 $ 0 $ 0 Fourth Year $ 0 $ 0 $ 0 $ 0 Fifth Year $ 0 $ 0 $ 0 $ 0 777 Elizabeth Powell °�'"'.0`"�" M: T.EIraGACwa�, a 6ef myM Lrtl� wNiCun FMn Gu W. Signature of Preparers 'o,E Date: 247 For More Information Please Contact: Beth Powell Conservation Lands Mngr. baowellOircaov.com 772-226-1873 Wendy Swindell Conservation Lands Tech. wswi n clelV@,rcaov.com 772-226-1881 Oslo Riverfront Conservation Area Wildfire Mitigation HMGP Grant 2018 �I S_u_mmary, Oslo Riverfront Conservation Area o Purchased by Indian River County in 1995 o St. Johns River Water Management District Cost -Share Partner 0 298 acres open to the public for passive recreation o Adjacent to South Vero Square Shopping 1 Center, Forest Park Subdivision, OF Florida Medical Entomology Lab and US Hwy 1 o Habitats include mature maritime hammock, scrubby flatwoods, mangroves and estuarine wetlands September 18, 2018 12.C.1. Indian River County Oslo RiN,erfront Consci-N,ation Area Hazard Mitigation Grant 2018 L 4 �lt� ur- FZ Conservation Lands maim ou � •'. 10001 t-Immed ate e i� Al fecte� Area ---,'`' 2500' Affe Area Ifl ti �� 4l1 Indian River County h Oslo Riverfront Conservation Arca Ip Hazard Mitigation Grant 2018 Florida Medical Entomology Laboratory - OF N e Pelican Isla. Autlubon Society tz --- - - --- ''''' -'HAZARD MITIGATION Easter IQ 1 ME Ry ME 0 TO AOR � N Yg; k South` �'�� ,'..�'�.• � ��' � 7 .''' 3i x . ..' � 'i - � '©2019 Picto�ne HAZARD MITIGATION East t y" a IN HAZARD MITIGATION r,,v 1r ( a it71 Sy_ iy -•'!•t l �s.�..,, �, '''�n�.�'�+Y"Cis �' �-+,'�.'tif 1�._ ti.�,l � fir•.-�n „«� HAZARD MITIGATION East �- South HAZARD MITIGATION o In 2018, IRC staff also completed a County -wide Wildfire Mitigation Plan - the plan and grant application are currently under review by the State of Florida o Staff continues to work with the Florida Forest Service to address areas identified in the County -wide Wildfire Mitigation Plan to reduce the threat of wildfire to homes and property September 18, 2018 12.C.1. - (2:P I. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Arabella Reserve Developers Agreement DATE: September 6, 2018 DESCRIPTION AND CONDITIONS GRBK GHO Arabella Reserve, LLC, (Developer) proposes to develop a single family home subdivision located in the southeast quadrant of 49th Street and 58th Avenue in Indian River County, Florida known as Arabella Reserve. Action Item 10.2 of the 2014 Gifford Neighborhood Plan identifies improvements to the intersection of 49th Street and 58th Avenue to include signalization. As part of the Developers Agreement for Water Way Village, the Developer of Waterway Village is required to plan, design, and construct a four -lane roadway segment for 58th Avenue between 49th Street and 53rd Street. However, the Developer is not required to acquire/dedicate right-of-way for improvements outside of property owned/controlled by the Developer. The intersection improvements by the Developer of Waterway Village include left turn lanes for all approaches, signalization, sidewalks, and crosswalks. The Developer of Waterway Village is moving forward with design of the 58th Avenue widening project and has provided the County with 30% plans that shows the need for right-of-way in the southeast quadrant of the 49th Street and 58th Avenue intersection. The proposed Developers Agreement between the County and Arabella Reserve LLC, allows the County to partner with the Developer to obtain right-of-way and stormwater treatment capacity in a cost efficient manner. The Arabella Reserve subdivision design is consistent with the intersection and roadway widening project design and the proposed agreement. The net cost to the County for right-of-way and for the Developer to design, permit and construct stormwater treatment capacity at the intersection of 49th Street and 58th Avenue is $83,226.7,8. FUNDING Funding in the amount of $83,226.78 is budgeted and available from Secondary Roads/Right of Way/581h Ave & 49th Street, Account # 10921441-066120-18015 RECOMMENDATION Staff recommends the Board approve the Developers Agreement between the County and GRBK GHO Arabella Reserve, LLC, funding in the amount of $83,226.78, and authorize the Chairman to execute the Developers Agreement on behalf of the Board. 248 Page 2 Developers Agreement with Arabella Reserve, LLC For September 18, 2018 BCC Meeting ATTACHMENTS Developers Agreement w/Attachments DISTRIBUTION William Handler, GRBK GHO Arabella Reserve, LLC Joseph Schulke, Schulke, Bittle, and Stoddard, LLC APPROVED AGENDA ITEM FOR: September 18, 2018 249 C:\Users\legistar\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@840E7291\@BCL@84OE7291.doc DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND GRBK GHO ARABELLA RESERVE, LLC THIS DEVELOPER'S AGREEMENT (Agreement) is made and entered into this day of , 20185 by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 180127th Street, Vero Beach, FL 32960 ("County") and GRBK GHO ARABELLA RESERVE, LLC, a Florida limited liability company, 590 NW Mercantile Place, Port St. Lucie, FL 34960 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop a single family home subdivision located on the southeast Corner of 49th Street and 58th Avenue in Indian River County, Florida, to be known as Arabella Reserve, on real property legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other with respect to right-of-way acquisition, roadway and drainage improvements, intersection improvements, and other improvements described herein and required as a condition of the Arabella Reserve approval; and WHEREAS, the County and the Developer desire to enter into this Agreement to set forth the terms and conditions to which they have agreed with respect to the matters contained herein; NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: 1. Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Intersection Improvements: The Developer shall contribute $13,022.00 to the County which represents 3.6% of the total cost for Intersection Improvements of 491h Street and 58th Avenue. County acknowledges that the contributions above satisfy the Developer's entire obligation with respect to off-site intersection improvements through build -out of Arabella Reserve, except to the extent that additional property or units may be added to Arabella Reserve in the future. The County shall not withhold any approval or permit, nor shall it deny concurrency, because of the condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. 250 3. 58th Avenue Right-of-way Dedication: Within ten (10) days of approval of this agreement the Developer shall dedicate to the County a total of ±1.08 acres of property to be used as right-of-way for improvement of 58' Avenue, consisting of 0.70 acres of property not encumbered by Murphy Reservation and 0.38 acres encumbered by a Murphy Reservation, with sixty-seven feet (67') of right-of-way along the project's 58th Avenue frontage from the south property line to 49th Street a distance of approximately 616.70 feet to include a corner clip of property fronting 491h Street as depicted on Exhibit `B" attached and incorporated herein by reference. The County shall compensate the developer $28,000 for the 0.70 acres of property not encumbered by a Murphy Reservation as outlined in the property appraisal obtained by the County on dated March 1, 2018. 4. Stormwater Capacity The Developer shall provide stormwater capacity for 58th Avenue improvements as follows: • Within ten (10) days of approval of this agreement the Developer shall provide non-exclusive stormwater and ingress/egress easement for Proposed Tract "G", Tract "M", and Tract "N" that also encumbers portions of Landscape Buffer, Tract "C" and Tract "Q" as depicted in Exhibit "C" attached and incorporated herein by reference as part of this agreement. The non-exclusive easements above will terminate with the recordation on the Plat for Arabella Reserve as the plat will provide the County with easements of said parcels in perpetuity by plat dedication. Prior to issuance of the Certification of Completion for Arabella Reserve the Developer shall construct stormwater treatment improvements as designed and permitted as part of the Indian River County Land Development Permit SD -18-01-01/2003060207-80394 to accommodate the stormwater from the construction of 58th Avenue roadway improvements. The County shall compensate the Developer for the design, engineering and construction of these improvements as defined in Exhibit "D" attached and incorporated herein by reference. The County shall not be required to remit the compensation for the design, engineering and construction of the stormwater treatment improvements until the issuance of the Certificate of Completion for Arabella Reserve. • The Developer agrees that Stormwater Tract "G", Tract "M", and Tract "N" will be maintained by the Homeowners association in perpetuity. 251 2 5. In the event the Developer has not received its Land Development Permit or its Certificate of Completion for Arabella Reserve by the time the County is ready to issue a Notice to Proceed with construction of the 58th Avenue Improvement Project, the Developer shall permit the County or the County's contractor, to construct the necessary stormwater improvements within the easements as described in Exhibit "C". The Developer shall be compensated pro rata for any work performed up to the issuance of the Notice to Proceed. 6. As a condition of project approval, the Developer is required to construct a 5' wide concrete sidewalk along its 58th Avenue border. Since the County plans to expand 58th Avenue at this location to a four lane road, the Developer shall not be required to construct the required sidewalk on 58th Avenue and shall compensate the County $17,982.00 prior to issuance of the Certificate of Completion of Arabella Reserve and the County shall be responsible for including the construction of the sidewalk with the 58th Avenue project. 7. At the time of issuance of a Certificate of Completion for Arabella Reserve, the County shall compensate the Developer $83,226.78 as depicted in Exhibit "D" attached and incorporated herein by reference. 8. DOT Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards. 9. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. 252 3 E. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the development of Arabella Reserve. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Arabella Reserve or any portion thereof, nor shall the County delay or withhold any other required permits, provided that the Developer is in compliance with this Agreement, all applicable laws and regulations. G. Except as described herein, and in the plans submitted by the Developer and approved by the County, the County shall not require the Developer to construct, contribute to, or share in the costs of any off-site improvements other than the payment of impact fees. H. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Iridian River County, Florida. Time shall be of the essence. I. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. J. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. K. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. L. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. M. All words, terms, and conditions contained herein are to be read in concert each with the other, and a provision contained under one paragraph may be 253 0 considered to be equally applicable under another in the interpretation of this Agreement. N. The words herein and hereof and words of similar import, without referenced to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. O. In the event any term, conditions, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of : Print Name: Print Name: Approved by: Jason E. Brown, County Administrator BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. By: Peter D. O'Bryan, Chairman BCC Approved: Approved as to Form and Legal Sufficiency Attest: Jeffery R. Smith, Clerk of Court and Comptroller William K. DeBraal, Deputy County Attorney By: Deputy Clerk 254 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2018, by Peter D. O'Bryan, as Chairman of the Board of County Commissioners, who is personally known to me or who produced as identification. (Notary Seal) . Signed, sealed and delivered in the presence of: Print Name: Printed Name: My Commission Expires: GRBK GHO ARABELLA RESERVE, LLC Print Name: By: William Handler, Manager STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by , the Manager of GRBK GHO Arabella Reserve, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (Notary Seal) 2 Print Name: Notary Public My Commission Expires: 255 EXHIBIT "A" PARCEL 1 BEGIN AT A POINT 469.41 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 12, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN EAST AND PARALLEL TO THE NORTH LINE OF THE SOUTH 10.00 ACRES OF SAID TRACT 12, A DISTANCE OF 323.46 FEET; THENCE RUN SOUTH AND PARALLEL TO THE WEST LINE OF SAID TRACT 12, A DISTANCE OF 145.95 FEET TO THE NORTH LINE OF THE SOUTH 10 ACRES OF TRACT 12; THENCE RUN EAST ALONG SAID NORTH LINE A DISTANCE 728.86 FEET; THENCE RUN NORTH AND PARALLEL TO THE AFOREMENTIONED WEST LINE OF SAID TRACT 12, A DISTANCE OF 165.95 FEET; THENCE RUN WEST AND PARALLEL TO THE PREVIOUSLY DESCRIBED NORTH LINE OF THE SOUTH 10 ACRES OF TRACT 12, A DISTANCE OF 1052.32 FEET TO THE WEST LINE OF SAID TRACT 12; THENCE SOUTH ALONG SAID WEST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. LESS HOWEVER, THE WEST 25.00 FEET THEREOF. ALL ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINS 2.914 ACRES± PARCEL 2 BEGIN AT A POINT 489.41 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 12, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE EAST AND PARALLEL TO THE NORTH LINE OF THE SOUTH 10 ACRES OF TRACT 12, A DISTANCE OF 1052.32 FEET; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID TRACT 12, A DISTANCE OF 165.95 FEET TO THE NORTH LINE OF THE SOUTH 10 ACRES OF TRACT 12; THENCE EAST ALONG SAID NORTH LINE, A DISTANCE OF 294.32 FEET TO THE EAST LINE OF SAID TRACT 12; THENCE NORTH ALONG SAID EAST LINE, A DISTANCE OF 356.13 FEET TO THE SOUTH LINE OF NORTH 20 ACRES OF TRACT 12; THENCE WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1023.24 FEET; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID TRACT 12, A DISTANCE 145.95 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF THE NORTH 20 ACRES OF TRACT 12, A DISTANCE OF 323.46 FEET TO THE WEST LINE OF TRACT 12; THENCE SOUTH ALONG SAID WEST LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. LESS THE WEST 25.00 FEET THEREOF. ALL ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA. SAID PARCEL CONTAINS 5.866 ACRES±. 256 PARCEL 3 THE SOUTH 10 ACRES OF THE NORTH 20 ACRES OF TRACT 12, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE THE CLERK OF CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS ROAD RIGHT OF WAY. SAID PARCEL CONTAINS 9.812 ACRES±. PARCEL 4 THE NORTH 10 ACRES OF TRACT 12, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANYSUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA. LESS AND EXCEPT CANALS AND ROAD RIGHTS-OF-WAY. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND LIMITATIONS OF RECORD, IF ANY. SAID PARCEL CONTAINS 8.736 ACRES± 0 -71 -VA _ X21 R/W LINE S89V6>5'E 25.00' 50074 ;57 W 30.00' P. O.B. ' RIGHT OF WAY I DEDICATION #1 0 '= 0 E W W Z a J = DRAWN BY CDFD a F of E I, a M M a_ II °p BASIS OF BEARINGS 0 N S00'14'37"W WEST LINE OF 4 SECTION 21 0 0 rn 0 WI W 0 _ al7 W . ZI J z 0 ¢I Lu W w w tr } o_ �I 50074 :57'W 792.76' P.O.B. RIGHT OF WAY DEDICATION #2 EXHIBIT "B' ��--- P.O.C. 49TH STREET OW N.W. CORNER OF THE S.W. 21— — Y4 OF SECTION 21-32-39 I.R.F.W.C.D. SUB -LATERAL FT1 '46'15_E H-2 CANAL 7,21' �/R/W LINE \—S45*21'29"W NORTH LINE OFI THE SW 1/4 �S'1. 1 70.87' 2. II (i 1 I 11 II II l 32-39-21-00001-0120-00001.0 3 z I (j CHO ADDISON RESERVE CORP I O SITE ADDRESS, 49TH ST D.R.B. 3076, PG 819 Ito I� I13 I li I iii tO l I I I r t0 I I I I O 1 1 I N W I f\ 00 I �1 a 1 I t w I 10 LICENSE Z I } ~ AGREEMENT II a 1� 50' W I z I 32-39-21-00001-0120-00002.0 ' z ( I CHO ADDISON RESERVE CORP I i SITE ADDRESS: 4810 58TH AVE O.R.B. 3055, PG 1598 Ij Ld w jl � I a I lz I� I I I 1D� II 1 11 — N89'46'15"W 32-39-21-00001-0120-00003.1 BROWN, PAULETTE REVISED SITE ADDRESS: 4740 58TH AVE O.R.B. 1532, PG 225 589V523 E 1 25.00' I I 1 N00'14'37"E 60.00' II I N89'46'15"W 67.00' 1 11 1 11 1 '15"E 67.00' 50 7"W — 60..0000'' R2-39-21-00001-0120-00003.3 1 I GHO ADDISON RESERVE CORP — 1 I O.R.B. 3055, PG 2453 _A I 10' LICENSE rAGREEMENTAGREEMENT _ 32-39-21-00001-0120-00003.0 GHO ADDISON RESERVE CORP O.R.B. 3055, PG 2453 i E SCALERS NOTED K;miey>>> H®rn v DESIGNED BY E DFD © 2018 KIMLEY-HORN AND ASSOCIATES, INC. = DRAWN BY CDFD 445 24TH STREET, SUITE 200, VERO BEACH, FL 32960 PHONE: 772-794-4100 FAX: 772-794-4130 3 CHECKED BY 0 ECD WWW.KIMLEY-HORN.COM SEC. 21, TWP. 32 S., RANGE 39 E. URVEYOR'S NOTES THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 00'14'37" WEST. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND --- --� RIGHT OF WAY DEDICATION -- RIGHT OF WAY LINE SECTION LINE ---------- LICENSE AGREEMENT LINE O.R.B. OFFICIAL RECORDS BOOK P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING PG PAGE SEC. SECTION TWP. TOWNSHIP RNG RANGE R/W RIGHT OF WAY P.S.M. PROFESSIONAL SURVEYOR AND MAPPER. N W_*E S 0 100' GRAPHIC SCALE TO ADD LICENSE AGREEMENT This certifies that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes, and that this drawing is a true and accurate representation thereof to the best of my knowledge and belief. Subject to notes and notations shown hereon. E.C. DEMETER, P.S.M. NO. 5179 DATE: —__--__--____________ Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. DATE 2/13/18 58th AVENUE PROJECT NO. RIGHT OF WAY DEDICATION ---- INDIAN INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 of 2 0 0 a E ` LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #1 A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 89°46'15 EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 25.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE OF THE SOUTHWEST 1/4, BEARING SOUTH 00°14'37" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89°46'15" EAST, ALONG THE SOUTH LINE OF SUB—LATERAL H-2 CANAL, A DISTANCE OF 117.21 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 45°21'29" WEST, A DISTANCE OF 70.87 FEET TO A POINT; THENCE, BEARING SOUTH 00°14'37" WEST, A DISTANCE OF 566.70 FEET TO A POINT; THENCE, BEARING NORTH 89°46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 00°14'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY), A DISTANCE OF 616.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 42,574 SQUARE FEET OR 0.98 ACRES, OF WHICH 15,417 SQUARE FEET OR 0.35 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #2 F A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; W a & COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; Q L THENCE, BEARING SOUTH 00°14'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 792.76 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, BEARING SOUTH 89°45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY N LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN 'I DESCRIBED PARCEL; THENCE, BEARING SOUTH 89°46'15" EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00°14'37" WEST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE, BEARING NORTH 89°46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 00°14'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 4,020 SQUARE FEET OR 0.09 ACRES, OF WHICH 1,500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. Kal IATEirnkeyn))Horn 2/13/18 58th AVENUE 2 SHEET NUMBER © 2018 KIMLEY-HORN AND ASSOCIATES, INC. PROJECT No. RIGHT OF WAY DEDICATION 2 of 2 445 24TH STREET, SUITE 200, AERO BEACH, FL 32960 INDIAN RIVER COUNTY, FLORIDA PHONE: 772-794-4100 FAX: 772-794-4130 WWW.KIMLEY-HORN.COM--_----- EXHIBIT "C" Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in Tract 12, Section 21, Township 32 South, Range 39 East, Indian River County Florida, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, (now Indian River County, Florida) said land also being a portion of Official Record Book 3111, Page 1900, Public Records of Indian River County, Florida, said parcel also being a portion of Proposed Tracts "C" and "G" of the proposed Plat of Arabella Reserve, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 21; Thence North 00014'41" East, along the West line of the Southwest One Quarter of said Section 21 (the said line also being the centerline of an existing 50 foot wide Right of Way of 58th avenue), a distance of 2399.01 feet; Thence departing said West line, South 89°55'36" East, a distance of 92.00 feet the the proposed East Right of Way line of said 58th Avenue and the Point of Beginning of the following described Parcel; Thence North 00014'41 "East, along the aforementioned line (said line being 92.00 feet East of, as measured at right angles to the West line of the Southwest One Quarter of said section 21) a distance of 172.55 feet; Thence North 45°14'14" East, a distance of 70.72 feet to a point on the South Right of Way fine of 49th Street (Being a 60 foot wide Right of Way); Thence South 89°46'09" East, along said South Right of Way line (said line being 30 feet South of, as measured at right angles to the North line of the Southwest One Quarter of said Section 21) a distance of 44.44 feet; Thence departing the aforementioned line, South 00000'00" East, a distance of 222:29 feet; Thence North 89°55'36" West, a distance of 95.39 feet to the Point of Beginning. Containing 19,861 Square Feet, (0.46 Acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary and Topographic Survey prepared by Meriden land Surveyors, Project No. 17-028, Dated August 30, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The bearings shown hereon are Referenced to the West line of Southwest One Quarter of Section 21, Township 32 South, Range 39 East. Said line bears North 00°14'41" West and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS Certification CONTROL DISTRICT L = LENGTH OF ARC (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL LLC = LIMITED LIABILITY COMPANY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY P.B. = PLAT BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PGE = PAGE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PBS = PLAT BOOK ST. LUCIE BELIEF. A =DELTA ANGLE SQ. FT. = SQUARE FEET I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R = RANGE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF RNV = RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO DA ADMINISTRATIVE CODE, T = TOWNSHIP PURSUANT TO SECTION 472.027 FLORIDA STATE STT S. T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND l TRS =TRUSTEES DATE OF IGNATURE DAMP.W. SOW.PWER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 AGENCY: INDIAN RIVER COUNTY, FL Sketch and Legal Description for: PUBLIC WORKS DEPT./ENGINEERING DIV. ��®��� �`��� �®���� r%ATr_ MMA\A/kl MW. 9/06/18 R. INGLETT TRACTS "C" & "G" N/A APPROVED BY: D. SCHRYVER (PROPOSED ARABELLA 1 OF 2 OB NO: 3051 STORMWATER EASEME A) Pagel of 6 C p m cn .. m o �GC�Si'�OG`91 �O o z o� .Z N ►� -- 1 58th AVENUE n a w O ® co O v�ul20 N rco � '; N00'14'41 "E - 252.81' N00'14'41"E-2399.01' ; N�� WEST LINE OF SOUTHWEST CENTERLINE OF RIGHT OF WAY N N cn 1 /4 SECTION 21 o a v 0;0 co o SOO& 14'41 "W - 222.74' CL W --p 5> IT1.o p RIGHT OF WAY LINE PER PBS 2, PAGE 25 Z Z e o i l c� rn r o Z N n;, Q �GC�IPOOGI �fl A Z N i p i FUTURE RIGHT-OF-WAY DEDICATION W a o ® i Rig TO INDIAN RIVER COUNTY N ZC m I\ 1- v p v m Z A N00' 14'41 "E - 172.55' m z �ODv, N m N M_ PROPOSED RIGH 0F WAS LINE j c m c I� o C7 Z " � -O PROPOSED ARABELLA TRACT "C" O j j�1 o Ito Z a Z O ` \4\\, \ \\\,C\\ \ \\�\\\ \ \ 2, m o I ��. co _ r '� 0 m 0° ao n r ? to Z �I 1 ,. ocn v; 2 O PROPOSED ARABELLA O m w '� STORMWATER TRACT "G" A ' y - om r- m z - rn (19,861 k.FT±) �' ,h m�V>TgT>6 (0.46 ACRES±) M M O o > ;u z 0;Km0°CD o °Zrl' _ ��>zm 6_0' R_/W °- " 0T v ® o ° � m S00'00'00"E - 222.29' 30' 30' 0 -uSv m 0 v— K m Q CL x D N w m Z v, 0 CD riy � ;� .--1 '� p pCD ip i7. N = rri m LA C3 m ® II II II II 11 II II II �I ro '� D -a�-i �� co Om vim, p ® -u I D ~ I 0� > 90 0 CD C�CO�zcoOm � ® m ,70 -< cl) N a > co ^ r I'' mmm=��r WKMTMOO O D -MO T Z > �m� C m2 c ° I Coz M m n I ® m m I "< m R X I 71 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in Tract 12, Section 21, Township 32 South, Range 39 East, Indian River County Florida, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision,.as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, (now Indian River County, Florida) said land also being a portion of Official Record Book 3111, Page 1900, Public Records of Indian River County, Florida, said parcel also being a portion of Proposed Tracts "C" and "M" of the proposed Plat of Arabella Reserve, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 21; Thence North 00°14'41" East, along the West line of the Southwest One Quarter of said Section 21 (the said line also being the centerline of an existing 50 foot wide Right of Way of 58th avenue), a distance of 2004.82 feet to a point on the North line of a parcel as recorded in Official Record Book 1532, Page 225, of the Public Records of Indian River County, Florida; Thence departing said West line, South 89046'09" East, along the aforementioned North line, a distance of 92.00 feet the the Proposed East Right of Way line of said 58th Avenue and the Point of Beginning of the following described Parcel; Thence departing said North line, North 00°14'41" East, along the aforementioned East line, (said line being 92.00 feet East of as measured at right angles to the West line of the Southwest One Quarter of said Section 21) a distance of 163.57 feet; Thence departing said East line, North 86°35'50" East, a distance of 238.59 feet; Thence South 02°2549" West, a distance of 178.82 feet to the aforementioned North line of Official Record Book 1532, Page 225 of said Public Records; Thence North 89'46'09" West, along said line, a distance of 231.29 feet to the to the Point of Beginning. Containing 40,139 Square Feet, (0.92 Acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary and Topographic Survey prepared by Meridan land Surveyors, Project No. 17-028, Dated August 30, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The bearings shown hereon are Referenced to the West line of Southwest One Quarter of Section 21, Township 32 South, Range 39 East. Said line bears North 00'14'41" West and all others are relative thereto. Legend and Abbreviations Sketch ,and Legal Description for: I.R.F.W.C.D. = INDIAN RIVER FARMS INDIAN RIVER COUNTYDATE: WATER CONTROL DISTRICT Certification L = LENGTH OF ARC (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL LLC = LIMITED LIABILITY COMPANY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY P.B. = PLAT BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PGE = PAGE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PBS = PLAT BOOK ST. LUCIE BELIEF. A =DELTAANGLE SQ. FT. = SQUARE FEET I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS:.THE STANDARDS OF R = RANGE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF RNV = RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL IDA ADMINISTRATIVE CODE, T = TOWNSHIP PURSUANT TO SECTION 472.027 FLORIDA STATE ST S: T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS =TRUSTEES DATE OF SIGNATURE la YVER PROFESSIONAL SURV Y R AND MAPPER FLORIDA CERTIFIC .TE NO. 4864 A(itN(;Y: INDIAN RIVER COUNTY, FL Sketch ,and Legal Description for: PUBLIC WORKS DEPT./ENGINEERING DIV. INDIAN RIVER COUNTYDATE: DRAWN BY: 06 18 9/06Z R. INGLETT TRACTS "C" & " M11 (PROPOSED ARABELLA STORMWATER EASEM ) SCALE: N APPROVED BY: D. SCHRYVER SHEET: 1 OF 2 OB NO: Jnr, Page 3 of 6 Sketch land Legal Description for: INDIAN RIVER COUNTY O CN J Cq �z I a �O W &!,z t_5D_ wmo WATER CONTROL DISTRICT A =DELTA ANGLE _R/W = LENGTH OF ARC Z �O = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R TRACT 12 O.R.B. = OFFICIAL RECORD BOOK RM Q (P) (PB 2, PGE 25) T = TOWNSHIP P.B. 3 T.I.I.F. = TRUSTEES OF THE INTERNAL PGE =PAGE Li O TRS = TRUSTEES to N NBW35'50"E — 238.59' o� 0 C� to O z a. z N F " U qD J N v En z 25 32-39-21-00001-0120-00002.0 O.R.B. 3111, PG. 19000- y /U tV W Q 4.1 00 to F- N N N 0q z (I)P NQ ow I m z L`' ,a- o I d N N o¢ l`' IZm z NOT TO SCALE O �- a 3 �z I a �O W &!,z = wmo WATER CONTROL DISTRICT A =DELTA ANGLE r LL Q = LENGTH OF ARC Z �O -- -------------- S89'46'09"E �- 92.00' N 1UIFJ SOUTHWEST CORNER CORNER SECTION 21, T32, R39E 20 1 21 29 1 28 AGENCY: INDIAN RIVER PUBLIC WORKS DEPT./ 9 06 18 N/A APR( OB N 2 OF 2 N89046 (ER 59 S AC ACT Ff)/ — 231. 32-39-21-00001-0120-00002.0 O.R.B. 1532, PG. 225 COUNTY, FL Sketch and Legal Description for: NGINEERING DIV. INDIAN RIVER COUNTY R. INGLETT TRACTS "C" & "M" BY. D. SCHRYVER (PROPOSED ARABELLA 2AG.1 STORMWATER EASEMINS) Page 4 of 6 NOT TO SCALE Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK RM = RIGHT-OF-WAY (P) = PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL PGE =PAGE IMPROVEMENTFUND TRS = TRUSTEES COUNTY, FL Sketch and Legal Description for: NGINEERING DIV. INDIAN RIVER COUNTY R. INGLETT TRACTS "C" & "M" BY. D. SCHRYVER (PROPOSED ARABELLA 2AG.1 STORMWATER EASEMINS) Page 4 of 6 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description Being a Parcel of land lying in Tract 12, Section 21, Township 32 South, Range 39 East, Indian River County Florida, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, (now Indian River County, Florida) said land also being a portion of Official Record Book 3111, Page 1900, Public Records of Indian River County, Florida, said parcel also being a portion of Proposed Tracts "N" and "Q" of the proposed plat of Arabella Reserve, said parcel being more particularly described as follows: Commence at the Southwest corner of said Section 21; Thence North 00014'41" East, along the West line of the Southwest One Quarter of said Section 21 (the said line also being the centerline of an existing 50 foot wide Right of Way of 58th avenue), a distance of 1795.32 feet to a point on the North line of a parcel as recorded in Oficial Record Book 755, Page 1611, of the Public Records of Indian River County, Florida; Thence departing said West line, South 89°47'08" East, along the said North line, a distance of 92.00 feet the the Proposed East Right of Way line of said 58th Avenue and the Point of Beginning of the following described Parcel; Thence departing the aforementioned North line, North 00014'41" East, (along a line 92.00 feet East of as measured at right angles to the West line of the Southwest One Quarter of said Section 21) a distance of 63.46 feet to the South line of a parcel as recorded in Official Record Book 1532, Page 225 of said Public Records; Thence South 89°47'08" East, along the aforementioned South line (said line being 63.46 feet North of, as measured at right angles to the North line of Official Record Book 755, Page 1611) a distance of 231.36 feet; Thence departing said South line, South 00°13'00" West, a distance of 63.46 feet to the North line of the aforementioned Parcel; Thence North 89°47'08" West, along said North line a distance of 231.39 feet to the Point of Beginning. Containing 14,686 Square Feet, (0.34 Acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary and Topographic Survey prepared by Meridan land Surveyors, Project No. 17-028, Dated August 30, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded In Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3). The bearings shown hereon are Referenced to the West line of Southwest One Quarter of Section 21, Township 32 South, Range 39 East. Said line bears North 00°14'41" West and all others are relative thereto. Legend and Abbreviations Sketch and Legal ®e8Cription for: I.R.F.W.C.D. = INDIAN RIVER FARMS Certification CONTROL DISTRICT DATE: L = LENGTH OF ARC (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL LLC = LIMITED LIABILITY COMPANY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) O.R.B. = OFFICIAL RECORD BOOK 1 OF 2 (P) = PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY P.B. = PLAT BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PGE = PAGE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND PBS = PLAT BOOK ST. LUCIE BELIEF. A =DELTA ANGLE SQ. FT. = SQUARE FEET 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF R = RANGE PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF R/W = RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO DA ADMINISTRATIVE CODE, T = TOWNSHIP PURSUANT TO SECTION 472.027 FLORIDA STATE ST S.' T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENTFUND TRS =TRUSTEES DAIrE OF SIGNATURE DAVID M. S PROFESSIONAL SURVEY0q AND MAPPER FLORIDA -CERTIFICATE: NO. 6139 AIatNl-;T: INDIAN RIVER COUNTY, FL Sketch and Legal ®e8Cription for: PUBLIC WORKS DEPT. ENGINEERING DIV. INDIAN RIVER COUN-I DATE: DRAWN BY: 9/06/18 R. INGLETT TRACTS "N" & "Q" (PROPOSED ARABELLA STORMWATER EASEME) SCALE: N/A APPROVED BY: D. SCHRYVER SHEET: OB NO: 1 OF 2 3051 Paee 5 of 6 Sketch and Legal Description for: INDIAN RIVER COUNTY I U W W 50' R/W = PLAT BOOK ST. LUCIE 7r/01 SOUTH LINE O.R.B. 1532, PG. 225 N =DELTA ANGLE 3 SLL IO I u') c� IIS P10 A" (V M r. �N Ind Cn Z U)O �Q LL. V I m w� w0 zEn J — N O Z v rmwz 0 >- N m WZ O a o F- } U = U m �� o a 0 awi w Xa a a �o � w �z Il Z w OO J � } W r O O � �S89'4T08"E 92.00' 19 N VSOUTHWEST 21 29 1 28 AGENCY: INDIAN RIVER PUBLIC WORKS DEPT./ 9/06/18 APPROV NIA OB NO: 2OF2 TRACT 12 (PB 2, PGE 25) NOT TO SCALE 32-39-21-00001-0120-00002.0 O.R.B. 1532, PG. 225 32-39-21-00001-0120-00003.2 O.R.B. 755, PG. 1611 Leaend and Abbreviations CORNER CORNER SECTION 21, 732, R39E 20 I.R.F.W.C.D. = INDIAN RIVER FARMS O04 41 VO L — LO 1.00 = PLAT BOOK ST. LUCIE 7r/01 SOUTH LINE O.R.B. 1532, PG. 225 N =DELTA ANGLE /.......SEDARABELLASTORMWATER w. Ocp SQ. FT. TRACT "N" LLC = LIMITED LIABILITY COMPANY (4,686 SQ.FTt)/NE = RANGE O.R.B. 34 ACRES±) R/W = RIGHT-OF-WAY (P) = PLAT T NORTH O.R.B. 755, PG.1611 P.B. = PLAT BOOK NRQ•d7'fiR"W � 9�1 ZO' = TRUSTEES OF THE INTERNAL 32-39-21-00001-0120-00003.2 O.R.B. 755, PG. 1611 Leaend and Abbreviations CORNER CORNER SECTION 21, 732, R39E 20 I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY (P) = PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL P.B.S. = PLAT BOOK ST. LUCIE IMPROVEMENT FUND PGE =PAGE TRS =TRUSTEES COUNTY, FL . Sletch and Legal Description for: NGINEERING DIV. INDIAN RIVER COUNTY R. INGLETT TRACTS "N° & "Q" BY. D. SCHRYVER (PROPOSED ARABELLA 3051 STORMWATER EASEMEM) Pace 6 of 6 EXHIBIT "D" Task *1 Value IRC to pay GRBK GHO Arabella Reserve, LLC for 58th Ave Right -of -Way Dedication $ 28,000.00 IRC to pay GRBK GHO Arabella Reserve, LLC for drainage improvements $ 76,230.78 IRC to pay GRBK GHO Arabella Reserve, LLC for engineering and surveying $ 10,000.00 Subtotal from IRC $ 114,230.78 EA $ 250.00 $ 1,000.00 GRBK GHO Arabella Reserve, LLC to pay IRC fair share cost for Intersection Improvements of 49th ST and 58th AVE. $ 13,022.00 GRBK GHO Arabella Reserve, LLC to pay IRC for sidewalk $ 17,982.00 Subtotal from GRBK GHO Arabella Reserve, LLC $ 31,004.00 $ 16,294.98 Dewatering 1 Total IRC to reimburse GRBK GHO Arabella Reserve, LLC at C of Cl$ 83,226.78 DRAINAGE IMPROVEMENTS *1 Construction layout and asbuilt 1 LS $ 7,200.00 Erosion control silt fence 1000 LF $ 3.00 $ 3,000.00 Erosion control basin protection 4 EA $ 250.00 $ 1,000.00 Clearing 1.5 AC $ 4,920.00 $ 7,380.00 Excavation 9642 BCY $ 1.69 $ 16,294.98 Dewatering 1 LS $ 3,459.00 24" RCP / CMP 90 LF $ 76.92 $ 6,922.80 Outfall structure 1 EA $ 6,894.00 $ 6,894.00 Stabilize each side of canal bank (rock rip -rap) 1 LS $ 13,850.00 Sodding 33000 SF $ 0.31 $ 10,230.00 TOTAL = $ 76,230.78 SIDEWALK ESTIMATE *2 Sidewalk 3330 1 SF 1 $ 5.40 1 $ 17,982.00 *1 *2 266 Dylan Reingold, County .Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, assistant County Attorney Office of INDIAN MEMORANDUM i3 A. County Attorney's Matters - B. C.C. 9.18.18 TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney V C DATE: September 12, 2018 SUBJECT: 2019 Preliminary State Legislative List of Concerns RIVER. COUNTY ATTORNEY Background: The Florida Association of Counties Policy Conference is scheduled to take place between September 26, 2018, and September 28, 2018. The referenced conference is an opportunity to present and discuss policy issues related to local governments. It is also an opportunity to discuss legislative proposals which are designed to address policy issues of concern. As such, it is important for the Indian River County Board of County Commissioners to have a unified voice at the referenced conference to promote the issues that matter most to Indian River County. Recommendation: The County Attorney's Office recommends that the Board discuss and adopt a 2019 preliminary legislative list of concerns. Attached: 2019 Preliminary State Legislative List of Concerns. 267 4 '20RtDp' Indian River County's Preliminary Legislative List 2019 State Legislative Session Finance, Tax, and Administration - Legislation Relating to Vacation Rentals • Indian River County BCC OPPOSES policies. that would preempt a local government's ability to. have local ordinances related to vacation rentals. - Legislation Relating to Affordable Housing Program • Indian River County BCC SUPPORTS retaining the full amount of dedicated documentary tax revenues to fund state and local affordable housing programs. - Legislation Relating to the Tourist Development Tax • Indian River County BCC OPPOSES policies that mandate tourist development funds be diverted away from local communities, or impair the County's use of the funds for local tourist development. Growth. Management, Agriculture, Transportation & Environment - Legislation Relating to Biosolids • Option (1) Indian River County BCC SUPPORTS policies that ban the land application of Class B biosolids in the State of Florida. • Option (2) Indian River County BCC SUPPORTS policies that ban the land application of Class B biosolids within the following watersheds that impact the St. Johns River: the Upper Basin, the Middle Basin, and the Lower Basin. - Legislation Relating to the 2020 Recycling Mandate • Indian River County BCC SUPPORTS policies that would modify the 75% Recycling Goal by 2020 such that the program (1) continues based on efficiency rather than weight and, (2) does not negatively impact local governments. - Legislation Relating to Contamination • Indian River County BCC OPPOSES policies that would require local governments to address the contamination of recyclable material in contracts with residential recycling collectors if the collectors are not processing the recovered materials on behalf of the local government. - Legislation Relating to Funding Proiects to Reduce Pollution in the Indian River Lagoon • Indian River County BCC SUPPORTS a grant program to be administered through the Department of Environmental Protection to assist local governments in their efforts to address septic system and stormwater pollution in the Indian River Lagoon, and ensure that our coastal communities have a resilient water supply. 1 I P 2 g e_ 268 - Legislation Relating to Coastal Management • Indian River County BCC SUPPORTS the creation of a newly dedicated and recurring statutory funding source for beach restoration and renourishment projects; and OPPOSES policies that would change or modify the criteria used by the Department of Environmental Protection to rank eligible beach renourishment projects that would negatively impact communities interested in protecting nearshore hardbottom resources. - Legislation Relating to Fracking • Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES policies that create a public records exemption for proprietary information provided by drilling companies to the Florida Department of Environmental Protection through its online chemical disclosure registry; and SUPPORTS the ability of local governments to adopt local moratoriums on all new well stimulation activities, including hydraulic fracturing and acidization. - Legislation Relating to Green Utility Ordinances • Indian River County BCC SUPPORTS policies that modify Section 369.255, Florida Statutes, to (1) include conservation lands into the definition of a greenspace area, (2) limit and control both nuisance native and nuisance exotic plants, and (3) allow for optional funding through either a referendum or a voluntary contribution through a utility bill. - Legislation Relating to High -Speed Passenger Trains • Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail projects proposing to traverse through its jurisdiction including, but not limited to, All Aboard Florida (aka Brightline); SUPPORTS legislative and executive branch advocacy efforts to regulate passenger rail in order to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State. - Legislation Relating to Customary Use • (Option 1) Indian River County BCC SUPPORTS policies to repeal Section 163.035, Florida Statutes, • (Option 2) Indian River County BCC SUPPORTS policies to modify Section 163.035, Florida Statutes, such that the judicial review under subsection 3(b) is repealed. . Health and Safety - Legislation Relating to Texting While Driving • Indian River County BCC SUPPORTS policies that would make texting while driving a primary offense. 2 1 P a g e 269 - Legislation Relating to Funding of School Resource Officers Concerning the Marjory Stoneman Douglas High School Public Safety Act • Indian River County BCC SUPPORTS the creation of a newly dedicated and recurring statutory funding source to assist the school boards within the State of Florida to pay for the school resource officers required under the Marjory Stoneman Douglas High School Public Safety Act. - Legislation Relating to Assisted Living Facilities and Nursing Homes • Indian River County BCC SUPPORTS policies that (1) clarify emergency planning for assisted living facilities and nursing homes, and (2) provide penalties for those assisted living facilities and nursing homes that do not comply with the emergency planning requirements. - Legislation Relating to the Funding and Reimbursements Associated with Hurricane Shelters • Indian River County BCC SUPPORTS (1) policies that require school boards to fund hurricane shelters and seek reimbursements from the Federal Emergency Management Agency, and (2) policies that assist in tracking how the funds are spent and reimbursed. 31 Page 270 14, u.1. BCC AGENDA September. 18, 2018 . ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO. Members of the. Board of County Commissioners DATE. September 18, 2018 SUBJECT: Anti -chaining Ordinance for Dogs and Cats FROM: Commissioner Bob Solari Unfortunately, 'a very small minority of dog and cat owners -abuse their cats and dogs by chaining them up outside in the elements. 1 would like to discuss with the Board the possibility of an ordinance,, which will hopefully protect these abused animals to some degree. Back-up provided. Thank you. 271 Tuesday, September 4,2019 10:09:14 AM ET Subject: RE dog leash statute Date: Wednesday, August 29, 201810:46:12 AM ET From: Keith Touchberry To: Bob Solari Bob, After careful review of the ;proposed ordinance in comparison to the existing one, I recommend the Commission consider additional protective measures for any dog or cat restrained between 5:oo pm and 9:oo am (paragraph C), since there will likely be no supervision. Those measures are: -protection from other domestic animals (cannot retreat) -shelter from the elements (paragraph "e" prohibits restraining during severe weather, but weather is unpredictable) -Water supply that cannot be tipped. over Hope this helps and I am open to further discussion if necessary. My direct line is 646-6310 and my cell is 913-19179.. Chief Keith M. `-ouchberry Fellsmere. Police, Department 25 S. Cypress Street Fellsmere. PL 32948 772-571-136o Email: alicechict t< eit�,offellsmere.orn 4. f '7t takes a community to police a cornimtniW' Twitter' https =!tJvitter:com FellsmerePD, Facebook' htt s:j/"Aww-,facebccok;com/ a es/Fells ' ere-P6lice-De artment`i6101666o2i0376? skip nax wizard=true From: Bob Solari <bsola.ri.@ircgov.com> Sent: Monday, August 20, 2018.11:40 AM To: Keith Touchberry <policechief@cityoffelismere.org>; Eric Flowers <eflowers@iresheriff.org> Subject:.dog leash statute Gentlemen; Please find attached dog leash statute. ,I would appreciate your comments on the possibility of such an ordinance in Indian River County. The issue.should conte before the BCC at our September 18th meeting. Have.a great week! 272 age 1 oft Chapter 20 -.ANIMALS AND FOWL I Code of Ordinances I Seminole County, FL I M... Page 28 of. 51 17 CCiScarC.3PdPdin�a gta fixed-point restraining device. (a) A fixed-point restraining device is hereby defined as a trolley system, chain, cord, leash, cable, or similar device which is attached to one or more fixed points to include, without limitation, a house, tree, fence, post, garage or shed, used to confine a dog or cat to the owner's property and designed to be used for such purposes. The devicd shall be a minimum length of ten feet in length and shall be no longer than what is necessary to keep such dog or cat confined to the owner's property. �Y (b) A fixed-point restraining device shall not be used to confine a dog or cat outdoors between the hours of 9:00 a.m. and 5:00 p.m., except as provided herein. A dog or cat may be attached to a fixed-point restraining device for a period of time not to exceed one hour per day, and shall be directly supervised and accompanied by the owner outside for the duration of the time the dog or cat is attached to the fixed-point restraining device. (c) The use of a fixed-point restraining device between 5:00 p..m. and 9:00 a.m. may be allowed as provided herein. (1) The fixed-point restraining device shall be a minimum of ten feet in length and shall be placed in a location which keeps such dog or cat confined exclusively to the owner's property. (2) The fixed-point restraining device shall be used in conjunction with an appropriate collar or harness designed for use with the specific size of dog or cat. Pinch, choke and/or pronged type collars shall not be used when restraining a dog or cat in this manner. (3) The fixed-point restraining device shall be placed in a manner as to prevent injury, strangulation or entanglement. (4) If there are multiple dogs or cats, each shall be confined separately and in such a manner the fixed-point restraining device shall not become entangled with each other. (d) it shall be unlawful to use a fixed-point restraining device to confine any dog or cat under the age of six months. (e) 273 https://Iibrat�-y.municode.com/fl/seminole—county/codes/code—of ordinances?nodeld=CH20... 8/6/2018 Chapter 20 -ANIMAL'S) AND FOWL I Code of Ordinances ( Seminole County, FL I M.-.: Page 29 of 51 CoRg,r p Eft! tmdef?Ve vere weather, the use of a fixed-point restraining device — a to secure a dog or cat onto the owner's property is strictly prohibited. This includes, but is not limited to, lightning storms, tornado warnings, hurricane warnings, heat index above 90 degrees Fahrenheit, temperatures below 32 degrees Fahrenheit. (Ord. No. 2011-7, § 1, 3-22-2011) Secs. 20.40--20.50. - Reserved. ARTICLE II. - RABIES -SUSCEPTIBLE ANIMALS Sec. 20.51. - Vaccination required. (a) It shall be unlawful for the owner of any rabies -susceptible animal, for which a licensed vaccine is available, to fail to have said rabies -susceptible animal vaccinated against rabies by a licensed veterinarian of his choice as provided in subsection (d). (b) Evidence of vaccination shall consist of a County certificate signed by the licensed veterinarian administering the vaccine. The certificate in triplicate shall shout the date and type of vaccination, the name and address of the owner, the year and -serial number of the animal's required tag, the breed, age, color and sex of the animal, and any other pertinent data for proper identification of the animal. One copy of the certificate shall be given to the owner, one copy filed with the animal control official, and one copy retained by the veterinarian administering the'vaccine. For their services provided in the handling of said certificates, veterinarians may be allowed to retain such portion of the certificate fee as shall be established by the Board of County Commissioners by duly adopted resolution. (c) No rabies -susceptible animal need be vaccinated for rabies where a licensed veterinarian has examined the rabies -susceptible animal and certified that vaccination would endanger said animal's health at that time because of its age, infirmity,. debility, or other physiological consideration, and such certificate is presented to the enforcing agency within 'five days of such examination; provided that such certificate shall not be valid for more than 12 months from the date of issuance. 274 httr,s:1/library.muiiicode.toril/�%se-miriole county/codeslcode of ordinances?nodeld=C1420... 8/612-0-18 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: September 9, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services IE�.B.le Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Second Amendment to Recyclables Transfer, Processing and Marketing Agreement DESCRIPTIONS AND CONDITIONS: On August 21, 2012, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved the Recyclables Transfer, Processing and Marketing Agreement (Agreement) to Resource Recovery Systems, LLC d/b/a ReCommunity ("ReCommunity"). This Agreement was in response to Request for Proposal (RFP) No. 2012023 for dual -stream recycling services for a five (5) year term commencing on September 1, 2012, with an optional five (5) year extension. On July 14, 2015, the SWDD Board approved the First Amendment to the Agreement, which assigned the processing services from ReCommunity to Tropical Exchange Corporation d/b/a Tropical Recycling and transitioned from dual -stream processing to single stream processing. The First Amendment to the Agreement amended the initial term from five (5) years to eight (8) years and revised the optional extension term of two (2) years. Specifically, the initial term is through August 31, 2020. Tropical Recycling submitted a letter dated August 16, 2018, to SWDD requesting an extension to the Agreement as well has providing compensation to SWDD for landfill residue disposal and landfill cover materials. Please find attached the Second Amendment to Recyclables Transfer,. Processing and Marketing Services Agreement for Board approval. ANALYSIS: Tropical Recycling has cited in their letter that it is primarily because of China's moratorium on the import/purchase of recyclable materials from the United States that has caused the demand and revenue for the commodities to plummet. Tropical Recycling has adopted to the new requirements and specifications by investing in new equipment and additional labor to ensure that a higher quality of material is produced at their facility in Ft. Pierce, Florida. Tropical Recycling is requesting approval to extend the optional term through August 31, 2022, in order to ensure a sustainable program for both SWDD and Tropical Recycling. The current agreement is based on a payment methodology using an Average Market Value (AMV) approach wherein both the set composition of our materials and the monthly Southeast USA regional average commodity prices for the materials are used to cover the transportation, processing, and marketing services. If the AMV is above the processing fee, the agreement includes a 75.1% revenue share eaddbeed-8206-4c72-ba4c-5d45c485e6f5.docm Page3 to SWDD of any revenue above and beyond the processing cost. However, there is no payment to Tropical Recycling if the AMV is below the processing fee, i.e., Tropical Recycling is bearing the total risk of a depressed market. Tropical Recycling is being paid a Processor's Fee of $88.00/ton and has provided a total revenue of $112,444.18 since 2015. The Agreement does include carrying a negative balance to offset future payments; however, SWDD is not responsible for any negative balance upon termination of this agreement. Tropical Recycling has offered to compensate SWDD for the landfill residue disposal and landfill cover materials. The IRC Office of Management and Budget has calculated the landfill residue disposal rate of $19.08 per ton based on current operating and long-term costs for the landfill operations. Tropical Recycling has also offered to pay $7.00 per ton for any landfill cover material brought to our facility. Staff concurs that the decision by China is having a major impact on domestic recycling processing and marketing of recyclables. In fact, commodity pricing is at a historic low. At the time we issued the original RFP in November 2011, the AMV was at $175 per ton; in June 2015, the AMV was $85 per ton and in August 2018 the AMV was $76 per ton. In the current economic situation, certain communities are having to pay for the processing of recyclables, i.e., there is no revenue sharing. Overall, Tropical Recycling has been providing excellent services to SWDD in accordance with the Agreement and supports the request to provide the optional two (2) year extension to the Agreement through August 31, 2022. Therefore, staff recommends Board approval of the extension. FUTURE CONSIDERATION: Staff is interested in aligning the single stream collection contract period with the single stream processing contract period. Specifically, the collection contract with Waste Management that began October 1, 2015 has an initial seven (7) year term that expires on September 30, 2022. In addition, the SWDD Board has an option to approve a three (3) year extension to Waste Management through September 30, 2025. Whereas, as mentioned above, the Tropical Recycling contract expires on August 31, 2022. The interest is based on the concern that given the volatility in the recycling markets that it may be more beneficial for SWDD to align both contractual periods to ensure more reliability of our services. At the time the Board considers the extension to the Waste Management contract (which has to be no later than September 30, 2021— a full one year before the 7 -year term expires), staff will request Board consideration to waive bid requirements and extend the Tropical Recycling contract through September 30, 2025. FUNDING: This type of service agreement is unique for SWDD wherein we seek revenues from recyclables generated in Indian River County based on an Average Market Value basis less contractor's cost for transportation, processing, and profit share with allowance for them to carry a negative balance. The net revenue received by SWDD fluctuates based upon the market prices of the various recyclables. For example, since 2015, SWDD received no compensation in Fiscal Year 2015/16; $110,791.76 in Fiscal Year 2016/17, and so far, have only received $1,652.42 in current Fiscal Year 2017/18. RECOMMENDATION: Staff is recommending that the SWDD Board approve and authorize the Chairman to sign the Second Amendment to Recyclables Transfer, Processing and Marketing Services Agreement between SWDD and Tropical Recycling. eaddbeed-8206-4c72-ba4c-5d45c485e6f5.docm Page3 ATTACHMENT: 1. August 16, 2018 Letter from Tropical Recycling 2. Second Amendment to Recyclables Transfer, Processing and Marketing Services Agreement eaddbeed-8206-4c72-ba4c-5d45c485e6f5.docm Page3 2625 Electronics Way West Palm Beach, FL, 33407 (561) 832-7477 (561) 953-4161 Fax August 16, 2018 Indian River County — Solid Waste Disposal District Attn: Himanshu Mehta 1325 74th Avenue SW Vero Beach, FL, 32968 Re: Recycling Dear Mr. Mehta, Received by SWDD AUG 16 2018 Indian River County Landfill Over the last few years, we continued to fulfill the transfer, processing, and marketing services for Indian River County's recycling program. More recently, in the last year, there have been major changes to both material and quality specifications that have prompted first -in -a -lifetime changes. Primarily because of China's moratorium on the import/purchase of recyclable material from the United States, which at one time consumed as much as ten times the rest of the world, demand and revenues for the commodities have plummeted. Under our contract IRC has no costs for the handling and processing of recyclabies as we solely bear all hard costs. We have been prompted to make material changes to our process adapting to new requirements and specifications. These changes, require increased investment in infrastructure and operational labor. Consequence to these changes, almost entirely prompted by China, items previously deemed recyclable are not And the specification them is much tighter and more strict. To remain committed to Indian River County and ensure that the program is sustainable we are requesting the following participation from Indian River County. 1) Immediately exercise the extension on our existing agreement. 2) Provide an alternative to dispose of the recycling iesidue/contamination generated as a byproduct of the recycling program at rate of $18.00 per ton. 3) Provide an alternative to receive the crushed glass generated from the recycling program for reuse in landfill operations. As previously discussed, Tropical Recycling is in a Ion; anxious to continue to grow with IRC and the recycling idian River County and are 278 SECOND AMENDMENT TO RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES AGREEMENT THIS SECOND AMENDMENT ("Amendment") to for.Recyclables Transfer, Processing. & Marketing Services Agreement (the "Agreement"), is made and entered into as of this. day of September, 2018, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is c/o Department of Utility Services, 180127 1h Street, Vero Beach, FL (hereinafter "SWDD") and Tropical Exchange. Corp., a Florida Corporation, d/b/a Tropical Recycling, 2625 Electronics Way, West Palm Beach, FL, 33407 (hereinafter "Tropical" or the "Processor"). and WHEREAS, on August 21, 2012, SWDD and ReCommunity entered into the Agreement; WHEREAS, per the First. Amendment on July 14, 2015, ReCommunity assigned the Agreement to Tropical with the prior express written consent of SWDD; and WHEREAS, Tropical has been providing Single Stream recycling processing services under the Agreement beginning. October 1, 2015; and WHEREAS, Tropical is being paid a Processor's Fee of $88.00/ton and is providing a revenue share of 75.1% for Single Stream recycling under the extended initial term; and WHEREAS, the initial extended term is through August 31, 2020 with an option for a single two (2) year extension; and WHEREAS, Tropical has requested consideration for extending the Agreement to the full term through August 31, 2022; and WHEREAS, Tropical has offered to compensate SWDD for landfill residue disposal and landfill cover materials. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Page I of 4 279 Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Section 2. Agreement Term. The original Article II is hereby deleted and is replaced as follows: Except as otherwise provided for herein, the obligations .of the Parties shall take effect on the Effective Date and Processor shall commence accepting Recyclable Materials for transportation, processing and marketing in accordance with this Agreement on the Commencement Date. The extended initial term of this Agreement (the "Term") shall terminate eight (8) years from the Commencement Date which was September 1, 2012. The District and Processor, by written mutual agreement, extend the Term for an additional two (2) year term terminating on August 31, 2022. Section j. Article IV: Processor Responsibilities, Section 4.4 Processing and Marketing is hereby amended to add provisions (c) and (d) as follows: effect. (c) Landfill Residue Disposal Rate. Tropical has requested to return the residue from their processing to the Indian River County Landfill. Tropical is hereby agreeing to pay the Landfill Residue Disposal Rate which has been calculated to be $19.08 per ton,. to be adjusted annually as part of the SWDD Assessment Rate Resolution process. See attached rate calculation sheet provided as Exhibit A to this Amendment. (d) Landfill. Cover Material Rate. Tropical has requested to return the processed glass from their processing to the Indian River County Landfill for use as cover material. The processed glass shall be less than 3/8" minus. Tropical is hereby agreeing to pay the Landfill Cover Material Rate of $7.00 per ton. SWDD may stop accepting the processed glass as landfill cover material if it is deemed unacceptable for such use either by SWDD, our landfill operator or the Florida Department of Environmental Protection (FDEP). In no way should the landfill residue be co -mingled with the processed glass for landfill cover material. All other provisions of the Agreement and First Amendment shall remain in full force and (Remainder of this page is intentially left blank) Page 2 of 4 280 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R. Smith, Clerk of Courtand Comptroller By: Peter D. O'Bryan, Chairman Deputy Clerk BCC approved: Date APPROVED: APPROVED AS TO LEGAL FORM AND SUFFICIENCY -0 Jason E. Brown County Administrator WITNESSES: �7y � u,2cf�l Dylan Reingold Page 3 of 4 281 Exhibit A — Landfill Residue Disposal Rate Calculation Tropical Recycling Financial Analysis Estimated Cost to Landfill Residue from processing operations - FY 2018/19 Estimated Cost Expense Description per Ton Landfill Operations Contract (Republic) $13.49 (1) Landfill Closure Costs $2.28 (2) Long-term Care Costs $0.46 '(3) General & Administrative Costs $1.64 (4) Land Costs $0.64 (5) Support Facilities Costs $0.56 (6) Total Estimated Costs $19.08 (1) This is the 2014 calendar year cost of the County's contract with Republic Services to place material in the Class I landfill. Future year unit costs will be adjusted based upon changes in the Consumer Price Index for the Southeast region of the United sates. The January 2019 CPi adjusted rate is $13.49. (2) Estimated landf it closure costs based upon FY 2016/17 Financial Assurance Report completed by CDM, effective September 2017. Segment 11 has a total capacity of 4,058,000 cubic yards, and an estimated closure cost of $9,270,090. For purposes of this analysis 1 cubic yard is estimated to be equivalent to 1 ton of waste. (3) Estimated long-term care costs based upon FY.2016117 Financial Assurance Report completed by CDM, effective September 2017. Segment 111 has d total capacity of 14,051,755 cubic yards, and estimated inflation adjusted long-term care costs of $6,483,000 over the required thirty-year period. For purposes of this analysis 1 cubic yard Is estimated to be equivalent to 1 ton of waste. (4) The current General & Administrative rate of 9.4324% for FY 2018/19 has been applied to the other costs to arrive at the estimated overhead costs. (5) Based upon total cost of all land acquired for the landfill location and total cubic yards for segments I through ill per CDM Financial Assurance Report for 2015. (6) Based upon acquisition cast of landfill improvements, except closure assets divided by total cubic yards for segments i through 111 per CDM Financial Assurance Report for 2015. Page 4 of 4 282 Eleventh Amendment to Republic Services 2018 Hurricane Preparedness Plan Solid Waste Disposal District Vincent Burke, P.E., Director of Utility Services Himanshu H. Mehta, P.E., Managing Director, SWDD September 18, 2018 September 18, 2018 15.B.1. September 18, 2018 15.6.1. Hurricane Irma CCC Impact All of the CCC's were opened two days prior to Hurricane Irma; however, the centers were'overwhelmed... Z52" 2 September 18, 2018 15.8.1. Hurricane Preparedness Plan 2018 CONCEPTUAL PRE / POST STORM PLAN TIME FRAME ACTION NOTES PRE -STORM Between 48 to 72 Close Oslo & Fellsmere CCC while Redeploy staff at these CCCs to other CCCs while cleaning hours out keeping Winter Beach, Roseland out these CCCs for post -storm opening. and Gifford CCCs open Between 24 to 48 Suspend all Residential Garbage All residents advised of anticipated landfill closure. hours out and Recycle Collection Haulers to make final dump for post -storm cleanup. Between 12 to 24 All CCCs and Landfill Closed to Notify residents and haulers. Landfill to begin shutdown hours out the Public and preparation for post -storm cleanup. POST -STORM Upon All Clear for Inspect Landfill & CCCs for Travel on County damage assessment Reopen Landfill as soon as possible Roads Between 12 to 24 Open Landfill, Oslo and Fellsmere Continue to suspend Residential Recycling; however, hours CCC while cleaning up Winter restart Residential Garbage Collection Beach, Roseland and Gifford CCCs Between 24 to 72 Reopen Winter Beach, Roseland Resume Residential Recycling, if possible hours and Gifford CCCs 282 September 18, 2018 15.6.1. Summary of Services &Costs Landfill Operations and Maintenance 1. Current tipping fee of $13.25 per ton sufficient to cover additional operational and maintenance expenses using existing equipment. 2. Reimbursement for mobilization and rental of additional equipment, if needed and with prior approval. Cost to be determined. Customer Convenience Centers 1. Any additional days or hours of operations at a cost of $41.99 per hour per person. 2. Republic Services may utilize third -party services to expedite cleanup; however, the cost of hauling only additional volume that is greater than the past six month average would be reimbursed at a rate of $17 per cubic yard. 2�Z-4 15. B.• �c INDIAN RIVER COUNTY�iivtR6 '0 SOLID WASTE DISPOSAL DISTRICT �r1 �LORIOy' BOARD MEMORANDUM'csrcti5 Date: September 10, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District. Subject: Eleventh Amendment to Republic Services DESCRIPTIONS AND CONDITIONS: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, Limited Partnership (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. Per a contract extension by the SWDD Board on February 21, 2017, the agreement is valid through December 31, 2024. As we are in the height of the hurricane season, Republic Services has provided a Hurricane Preparedness Plan (Plan) for the 2018 Hurricane Season to allow a seamless disposal of storm debris at the landfill and the Customer Convenience Centers (CCCs) with the least amount of effect on the residents of Indian River County. A specific request to activate this Plan would only occur after the Governor of Florida has declared a State of Emergency for the entire State of Florida and after the County Administrator has declared a State of Emergency for Indian River County. Staff supports this Eleventh Amendment to Republic Services to provide additional services pre/post any hurricanes. ANALYSIS: Staff and Republic Services have been developing a Hurricane Preparedness Plan for the 2018 Hurricane Season. The following is a summary of services and costs: • Landfill Operations and Maintenance — It is expected that there will be a significant volume increase for disposal into the Indian River County Landfill as a result of the post storm cleanup activities. Republic Services has acknowledged that the current tipping fee of $13.25 per ton is sufficient to cover the additional operational and maintenance costs for the landfill utilizing existing equipment. The amendment does include SWDD providing reimbursement for mobilization and rental of equipment that is currently not part of routine operations. The amendment also allows for reimbursement for additional costs associated with extra materials for road maintenance and for costs for pumping excessive leachate. • Customer Convenience Centers — A provision is included in the amendment to allow for extending the days/hours of operations of the CCCs at a cost of $41.99 per hour per person. This rate only applies for labor hours that are outside of the normal operating hours, i.e., opening a center when it is normally closed or extending the hours of operations. Republic Services will utilize all of their current resources for the C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF Page 1 ot2- 8\@ BCL@ 1COEA119\@ BCL@ 1COEA119.doc 283 cleanup; however, there is a provision for Republic Services to utilize third -party services to expedite the cleanup. The reimbursement for CCC operations pre or post storm are based on the cost for hauling additional volume from the CCCs to the IRC landfill. This rate is set at $17 per cubic yard; however, there is language in the plan to allow rate negotiations if market conditions are impacted by the storm event. Conceptual Closure Plan: Based on lessons from previous storm events, staff and Republic Services have developed a conceptual closure plan as follows: TIME FRAME ACTION I NOTES PRF -STORM Between 48 to 72 Close Oslo & Fellsmere CCC while Redeploy staff at these CCCs to other CCCs while cleaning hours out keeping Winter BeachRoseland , out these CCCs for post -storm opening. and Gifford CCCs open Between 24 to 48 Suspend all Residential Garbage All residents advised of anticipated landfill closure. hours out and Recycle Collection Haulers to make final dump for post -storm cleanup. Between 12 to 24 All CCCs and Landfill Closed to Notify residents and haulers. Landfill to begin shutdown hours out the Public and preparation for post -storm cleanup. POST -STORM Upon All Clear for Travel on County Inspect Landfill & CCCs for Reopen Landfill as soon as possible Roads damage assessment Between 12 to 24 Open Landfill, Oslo and Fellsmere Continue to suspend Residential Recycling; however, hours CCC while cleaning up Winter restart Residential Garbage Collection Beach, Roseland and Gifford CCCs Between 24 to 72 Reopen Winter Beach, Roseland hours and Gifford CCCs Resume Residential Recycling, if possible The above is subject to change depending on the severity of the storm event. FUNDING: Funding for the SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account which is funded from SWDD assessments and user fees. A special account will be setup to track any specific hurricane expenses. Description Account Number Amount Recycling - Contractual Services 41125534 -033490 -TBD Hurricane Expenses - To Be Determined RECOMMENDATION: SWDD staff recommends that its Board approve the Eleventh Amendment to Republic Services to provide additional services for the non -Class 1 landfill services in response to any potential hurricanes, and authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Eleventh Amendment to Republic Services C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF Page 2 ot2- 8\@BCL@1COEA119\@BCL@ 1COEA119.doc 284 ELEVENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS ELEVENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Eleventh Amendment') is entered into as of the day of , 2018 by and between Indian River County Solid Waste Disposal District; a dependent special district of Indian River County, Florida, whose address is 1801 27`x' Street, Vero Beach, Florida (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo Road, Vero Beach, Florida 32968 (the "Contractor"). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain. Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement, dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to Contract Agreement, dated July 8, 2014;.the Fifth Amendment to Contract Agreement, dated November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract Agreement, dated February 21, 2017; and the Tenth Amendment to Contract Agreement, dated September 12, 2017 (the "Contract") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set forth herein. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. Tenth Amendment to Contract Page 1,q," 2. The existing Article 1 SCOPE OF 'WORK of the Contract is modified to include the following: 2018 Hurricane Preoaredness Plan: Republic Services has provided a. Hurricane Preparedness Plan for the 2018 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal -.of .storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of.a state of emergency by the Governor of the State of Florida. and/or as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 3. Ratification. Except as specifically provided in this Eleventh Amendment, all other provisions of the Contract shall remain in full .force and effect. [signature page follows] Eleventh Amendment to Contract Page 2{ IN WITNESS WHEREOF, the parties have caused this Eleventh Amendment to be executed by their respective duly authorized 'off cers as of the day and year first written above.. Attest: Jeffrey R. Smith, Clerk.ofCourt and Comptroller 'By: Deputy Clerk Date Approved by SWDD: Approved By: Jason E. Brown, County Administrator Signed, sealed, and delivered in the presence of: Print Name: L /. to A/g C-%. (Owner) Solid Waste Disposal District Indian River County, Florida Peter D O'Bryan, Chairman Approved as to Form and Legal Sufficiency By: Dylan T. Reingold, Esq., County Attorney Republic Services of Florida, Limited Partnership ("Contractor") /' By: Re�F� - P, Inc., its Print Name: Print Title: [remainder of page intentionally left blank] Eleventh Anrendmentto Contract AU Page 3±A� 2018 Hurricane Preparedness Plan Indian River. County Landfill and Customer Convenience Centers Managed by Republic Services of Florida, Limited Partnership (Republic Services) This hurricane preparedness operation plan for the operation of the Indian River County Landfill (Landfill) and Customer Convenience Centers (CCCs) by Republic Services pursuant to that certain Contract Agreement with Indian River County Solid Waste Disposal District, Indian River County, Florida Solid Waste Operations and Maintenance, as amended, is intended to allow for the seamless disposal of storm debris with the least amount of effect on residents of Indian River County. 1. Once a named storm is tracked to the Central Coast of Florida in the proximity of Indian River County, Republic. Services will have all of the material at the CCCs emptied by hauling the waste to the Indian River County Landfill. Republic Services will continue the operations of both the Landfill and the CCCs until a decision for closure is made. Republic Services and Indian River County will communicate in good faith and with the intent to come to a mutually agreeable decision with respect to the closure of the Landfill and the CCCs that takes into account the safety and protection of personnel and property. 2. Republic Services will develop a `Timeline for Closing" plan with Indian River County which will take into. account Republic Services' corporate requirements (including the safety of personnel, property and assets) and Indian River County's cleanup needs. A conceptual closing and opening plan is provided below; the conceptual plan remains subject to change, depending on the requirements of the situation. 3. Republic Services will return to the Landfill and the CCCs as soon as it is safe to do so after the storm (i.e., upon issuance of an "all clear" to travel on county roads by IRC Emergency Services). Republic Services' first priority with respect to services provided to Indian River County will be to assess and document damages at the Landfill and the CCCs and to assist in reopening all of the facilities as soon as possible. 4. There may additional costs to -Indian. River County to operate the Landfill and CCCs before or after the storm as detailed below. In order to facilitate the inflow of additional storm debris material, the operation of the Landfill may result in additional costs in order to effectively manage the material and comply with all state and federal statutes. Republic Services will provide Indian River County with all documentation associated with the additional services provided to return the Landfill and the CCCs to normal operations.:Such documentation will. include time sheets, truck counts including container sizes and any additional information reasonably requested by Indian River County to verify the costs, and shall include information related to pre -storm services and operations. Baseline information, for services and operations prior to the storm, including number of employees, shall be provided with the documentation. A) CCC Personnel Costs: The personnel costs consist of the costs to bring employees in for hours in addition to usual and customary hours. Further, if clean-up efforts require additional man-hours to perform proper operation of the CCCs, this will require employees to work beyond usual and customary hours and will require Republic Services to recoup the extra costs. The below amount covers the cost per man-hour to open for additional days/times and/or the additional time required to effectively operate the CCC post -hurricane. In order to provide for an expedited cleanup, Republic Services may employ additional employees from traffic control in order to safely navigate hauling trucks into and out of the CCCs. This will require additional employees and will require Republic Services to recoup the extra costs. If pre -storm cleanup of the CCCs is required in order to handle the additional materials from the storm, this will require additional employees and will require Republic Services to recoup the extra costs. Cost for CCC laborer man-hour: $41.99/hour/man 288 B) CCC Operating Costs: Republic Services will make commercially reasonable efforts to clean up all storm debris at the CCCs in a timely manner. If Indian River County requests expedited. clean up, Republic Services will hire third party personnel and clam truck services to perform duties. Cost for CCC operations pre or post -hurricane is based on the cost for hauling additional tonnage from CCC to Indian River County Landfill as detailed below. C) CCC Hauling Costs: In order to segregate the tonnage of storm debris from normal waste at the CCCs, the average yard waste and average garbage hauled to the Indian River County Landfill for the previous 6 months for all of the CCC's is included as an attachment which will be the basis for determining the impact of the storm debris. Any additional tonnage over the monthly average in the 2 months following the storm that is hauled to the Indian River County Landfill from the CCCs, shall be considered storm debris and shall be charged at the incremental rate stated below. In order to convert the tonnage hauled to a yardage measurement, the appropriate conversion rate shall be: 1 cubic yard = 300 lbs. Cost for hauling additional tonnage from CCC to Indian River County Landfill: $17.00/cubic yard (This rate is subject to negotiation to mutually agreeable rate if market conditions have drastically been impacted by the storm) D) Landfill Equipment Costs: Republic Services will use commercially reasonable efforts to effectively and efficiently use all current equipment to manage excessive storm debris. Republic Services shall keep all current equipment in working order. SWDD is not responsible for additional equipment needed as a replacement for failure of equipment needed for normal operations. Notwithstanding the foregoing, renting equipment to provide incremental assistance may be required, but such equipment may not available in the immediate aftermath of a storm. If additional equipment is required and becomes available, Republic Services will rent such required additional equipment, and Indian River County will reimburse Republic Services for Republic Services' cost of rental of such additional equipment, without markup. Republic Services will also attempt to mobilize equipment from other Republic Services operating divisions, and Indian River County will reimburse Republic Services for any additional costs incurred by Republic Services for such mobilization and usage of equipment from other. Republic Services operating divisions, without markup. Republic Services will notify and obtain written approval from Indian River County of any rental or mobilization of such additional equipment. Cost for Landfill Equipment mobilization and usage: to be determined by Republic Services, based on availability E) Landfill Additional Costs: In case of catastrophic damage, Republic Services may incur additional costs to operate the Indian River County Landfill, and such additional costs shall be reimbursed by Indian River County provided there is sufficient documentation and that Republic Services has notified and obtained written approval for these additional costs. Examples of such costs are: additional rock to shore up access roads to allow traffic flow to the Landfill waste reception area; additional costs to pump excessive leachate to not overwhelm the current system. In preparation for any catastrophic storm event, Republic Services can accumulate rock and cover at the Indian River County Landfill. If Indian River County elects to absorb costs for accumulation of rock and cover, the associated costs will be provided to the County for approval prior to purchase and accumulation. Landfill Additional Costs: to be determined by Republic Services, based on necessity. 5. Conceptual Closing/ Opening Plan. The conceptual plan and timeline noted below are byway of example only, and are subject to change depending upon storm size/scope/severity and upon input from 289 Republic Services and Indian River County. The safety of;personnel, property, and equipment is Republic Services' top priority, and Republic Services acknowledges that Indian River County desires to re -open the Landfill and the CCCs as soon as possible after a storm. A) Pre -Storm. Upon the approach of a named storm, Republic Services and Indian River County will conduct daily conference calls as part of planning and preparation. These calls will take place at 3pm or a mutually agreed upon time. 1) Between 48-72 Hours Out a. Close Oslo and Fellsmere. b. Redeploy Oslo and. Fellsmere staff to other CCCs to assist as necessary, allowing Republic Services employees to rotate out to prepare their families and homes. In addition, it allows Republic Services equipment to be used at other CCCs in preparation after Oslo and Fellsmere are cleaned and ready for post storm. c. Conduct PSA to inform residents and businesses. II). Between 24-48 Hours Out a. Suspend all garbage and recycle collection. b. All haulers advised of anticipated Landfill closure so they can have their trucks dumped and ready for post storm clean up. III) Between 12-24 Hours Out a. All CCCs and Landfill closed to public. b. Haulers contacted. c. Begin shut down of Landfill operations and prepare road base for post storm. B) Post -Storm. Following the removal of any restrictions/travel bans, Republic Services and SWDD will conduct an inspection of the Landfill and equipment, and an inspection of the CCCs, as soon as possible, and report its findings to Indian River County. 1) A staggered opening of CCCs will occur, with Oslo and Fellsmere being first; allowing the other 3 CCCs to be cleaned and prepped for opening. II) Additional resources will be contacted and in place to deploy at Republic Services' direction. III) Between 24-72 Hours Post -Storm (depending on severity) a. Resume normal garbage and recycle collection. b. Alternate sites identified, if necessary, for storm debris. 290 ALL CUSTOMER CONVENIENCE CENTERS TOTAL WASTE MATERIALS COLLECTED Mar -18 Apr -18 May -18 Jun -18 Jul -18 Aug -18 Sep -18 6 -Month Average GAR: GARBAGE 1,327.95 1,268.73 1,213.13 1,347.76 1,389.34 1,187.55 1,289.08 LOAD COUNT 249.00. 227.00 223.00 .228.00 254.00 203.00 230.67 YDT: YARD TRASH 515.22 405.61 373.61 455.76 464.90 483.28 449.73 LOADCOUNT 167.00 144.00 134.00 128.00 163.00 159.00 149.17 291