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09/11/2018 (3)
7i �OR1pi BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 11, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Freddie Woolfork, Progressive Civic League of Gifford 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Edward Kuvlesky on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services with Twenty -Nine Years of Service Attachments: Proclamation 5.13. Presentation by Joe McManus of a United States Lifesaving Association Meritorious Act Award to First Responder Lt. Dustin Lightsey, Florida Fish and Wildlife Conservation Commission, for a water rescue in the Sebastian Inlet on October 16, 2017 September 11, 2018 Page 1 of 10 S.C. Presentation of Proclamation Designating September, 2018, as Suicide Awareness Month Attachments: Proclamation S.D. Presentation of Proclamation Designating the Month of September, 2018, as Hunger Action Month Attachments: Proclamation S.E. Presentation of Proclamation Designating the Month of September, 2018, as Attendance Awareness Month Attachments: Proclamation S.F. Presentation on Hurricane Preparedness and the Red Cross by Sarah Ruwe, Executive Director of the Red Cross Coast to Heartland Chapter and Ben Trautman, Community Volunteer Leader/Elected Official Liaison for the Red Cross in Indian River County S.G. Presentation of Annual Report and an Update of Current Events by Brian Bauer, President/CEO, Career Source Research Coast 6. APPROVAL OF MINUTES 6.A. Budget Workshop of July 11, 2018 6.13. Regular Meeting of July 17, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. City of Sebastian Ordinance 0-18-06, Notice of Annexation of 66.87 Acres, is on file in the Office of the Clerk to the Board. 7.13. Florida Public Service Commission Consummating Order PSC -2018 -0409 -CO -EI, Petition for limited proceeding for approval to include in base rates the revenue requirement for the Citrus combined cycle project, by Duke Energy Florida, LLC, is on file in the Office of the Clerk to the Board. 7.C. Indian River County Code Chapter 309, Fair Housing - Annual Report Attachments: Staff Report 7.1). Receipt of check for $1,156,405.82 from the Florida Communities Trust for the Sebastian Harbor Preserve conservation land 7.E. Florida Public Service Commission Consummating Order PSC -2018 -0425 -CO -El, Petition for approval of modifications to Section No. IV, general rules and regulations governing electric service, Part VIII billing, residential and non-residential budget billing, by Duke Energy Florida, LLC, is on file in the office. of the Clerk to the Board September 11, 2018 Page 2 of 10 7.F. Proclamation Honoring Aughtman E. Cruce on His Retirement From Indian River County Board of County Commissioners Department of Utilities Services Water Production Division with Twenty -Two Years of Service Attachments: Proclamation 7.G. Update on All Aboard FL/Vero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses 7.H. Florida Public Service Commission Consummating Order PSC -2018 -0435 -TRF -EI, Petition for a smart meter opt -out tariff, by Duke Energy Florida, LLC, is on file in the office of the Clerk to the Board. 7.I. Indian River County Venue Event Calendar Review Attachments: Staff Report S. CONSENT AGENDA 8.A. Checks and Electronic Payments August 3, 2018 to August 9, 2018 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments August 10, 2018 to August 16, 2018 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments August 17, 2018 to August 23, 2018 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments August 24, 2018 to August 30, 2018 Attachments: Finance Department Staff Report 8.E. Resolution Cancelling Taxes on Property Purchased by Indian River County for Public Purpose Attachments: Staff Report Resolution 8.F. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.G. In Re: Liquid Aluminum Sulfate Antitrust Litigation Attachments: Staff Report Notice of Settlement - Liquid Aluminum Sulfate Antitrust Litigation September 11, 2018 Page 3 of 10 8.H. Acceptance of Utility Easement - Chesser's Gap Subdivision Phase IV (Located Within the Municipal Boundaries of the City of Sebastian) Attachments: Staff Report Proposed Plat 8.I. GRBK GHO Lake Sapphire, LLC's Request for Final Plat Approval for a Subdivision to be known as Lake Sapphire West Residential Subdivision [2016070128-80535 / SD -16-12-05] Attachments: Staff Report Application Location Map Final Plat Layout 8.J. Approval of Renewal for a Class "E1" Certificate of Public Convenience And Necessity for Stellar Transport, Inc. Attachments: Staff Report Stellar COPCN Renewal Application COPCN Certificate 8.K. Mediated Settlement; Ryan Haffield Attachments: Staff Report 8.L. 2018/2019 State/County Contract/Indian River County Health Department Attachments: Staff Report Health Dept Letter Health Department FY 18-19 contract with Indian River County 8.M. Approval of 2018/2019 State Funded Subgrant Agreement (19 -CP -11 -10 -40 -O1 -XX) to Update Indian River County's Hazards Analysis Attachments: Staff Report IRC Grant Form 2018-2019 HazMat Agreement 8.N. Indian River County Library System Long Range Plan 2019-2022 Attachments: Staff Report LRP2019-2022 8.0. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services Attachments: Staff Report COPCN Renewal Application- IRC Emergency Services COPCN Certificate September 11, 2018 Page 4 of 10 8.P. Release of Retainage and Change Order No. 1 for IRC -1123, 43rd Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West Attachments: Staff Report Contractor's Application for Payment No. 4 Change Order No. 1 8.Q. Award of Bid 2018073 - Demolition of 5816 26th Street Attachments: Staff Report 8.R. Work Order No. 3, Andersen Andre Consulting Engineers, Inc., CR 512 Resurfacing & Shoulder Widening from Myrtle Street to 125th Avenue Project, IRC -1305, FDOT FM 433068-1 Attachments: Staff Report Work Order No. 3 Exhibit A 8.S. Renewal of Florida Power & Light (FP&L) Care to Share Agreement Attachments: Staff Report FPL Care to Share IRC 2019-2023.pdf 8.T. Award of Bid 2019003 - Annual Bid for Liquid Aluminum Sulfate Attachments: Staff Report 8.U. Ranking of Firms for RFQ 201842 - Continuing Geotechnical Engineering Services Attachments: Staff Report 8.V. Award of Bid 2018066 - Demolition of Condemned Structure (Club Bali) Attachments: Staff Report 8.W. Award of Bid No: 2018074, Indian River County West Waste Water Treatment Plant Roof Replacement Attachments: Staff Report Sample Agreement 8.X. Award of Bid No. 2018070 Atlantic Boulevard Parking Area, IRC -1719 Attachments: Staff Report Sample Agreement 8.Y. West Wabasso Phase II Septic to Sewer Approval of FDEP Funding Agreement Attachments: Staff Report FDEP Standard Grant Agreement No NSO45 Indian River County Grant Form September 11, 2018 Page 5 of 10 8.Z. Designation of Excess Equipment as Surplus Attachments: Staff Report Excess Equipment List for 091118 Agenda 8.AA. Renewal of the Current Retiree Blue Medicare PPO 2 RX 1 Plan effective October 1, 2018 thorugh September 30, 2019 Attachments: Staff Report MAP Renewal 2018 PP02RX1 8.1313. Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy Attachments: Staff Report Florida Blue Renewal Proposal Lockton Monte Carlo Modeler 8.CC. Miscellaneous Budget Amendment 015 Attachments: Staff Report Resolution Exhibit "A" 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Request for $15,000 from the Criminal and Sex Offender Registrant Fee Account for Purchase of Notification Software and Registrant Office Supplies Attachments: Sheriff Loar Letter Dated August 13, 2018 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A. Escambia County Housing Finance Authority Multifamily Housing Revenue Bonds (Taylor Pointe Apartments) (Legislative) Attachments: Staff Report Proposed Resolution B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Katherine Booth Regarding Update Needed to Indian River County Ordinance on Tree Pruning Attachments: Request to Speak Form Presentation September 11, 2018 Page 6 of 10 10.B.2. Request to Speak from Freddie Woolfork, Gifford Youth Achievement Center (GYAC) Regarding Thank you for supporting GYAC Attachments: Request to Speak Form 10.B.3. Request to Speak from Penelope King Regarding FDOT Proposed AIA Road Resurfacing and Sidewalk Construction Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for September 18, 2018: Consideration of a Land Development Regulation (LDR) Amendment to Chapters 911 and 971 Regarding the Review and Approval Process for Places of Worship (Legislative) 10.C.2. Notice of Scheduled Public Hearing for September 18, 2018: 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) 11. COUNTY ADMINISTRATOR MATTERS 11.A. City of Vero Beach Property adjacent to Historic Dodgertown Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration to Approve an Addendum to an Agreement with RedevGroup, Inc., for Release of a Conservation Easement on Indian River Mall Lot 5 in Exchange for Conveyance of Title and Easement Interest to the County of Alternate Conservation Land and Establishing Certain Special Development Restrictions Attachments: Staff report Aerial Map of Mall Lot 5 BCC 6/12/18 Meeting Minutes 6/12/18 County/RedevGroup Agreement Aerial Maps of Proposed Option 3 Sites Proposed Addendum to Amend Agreement B. Emergency Services September 11, 2018 Page 7 of 10 12.B.1. Request for Sole Source to Communications International Inc. for the Public Safety Communications System FX Software Services. Attachments: Staff Report FX Software Service Agreement Harris -Ci sole source letter Indian River County 1-22-2018 FX Software Quote for 2018-2019 12.B.2. Approval of an Interlocal Agreement between Indian River County Board of County Commissioners and the School Board of Indian River County Concerning Public Evacuation Shelters Attachments: Staff Report Interlocal Sheltering Agreement C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. City of Fellsmere - SRID Conflict Resolution Attachments: Staff Report Wodraska Ltr - City of Fellsmere Resolution 2018-18 SRID Map 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Request the Board consider adopting a Resolution similar to the Resolution adopted by the Treasure Coast Regional Planning Council addressing biosolids and biosolids applications Attachments: Commissioner's memorandum Additional back-up from TCRPC September 11, 2018 Page 8 of 10 14.A.2. Request the Board to consider a request from the Executive Roundtable of Indian River County to use the parking area at the North County Aquatic Center for a 5k run on the Central Florida Rail Trail. Attachments: Commissioner's Memorandum 14.A.3. Update on Dodgertown Golf Course B. Commissioner Bob Solari, Vice Chairman 14.B.1. A -1-A Resurfacing --Sidewalk or Safer Bike Lanes Attachments: Commissioner's Memorandum C. Commissioner Susan Adams 14.C.1. Oslo Cemetery, LLC Discussion Attachments: Commissioner's Memorandum D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emer2ency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Budget Workshop of July 11, 2018 15.B.2. Approval of Minutes Meeting of July 17, 2018 15.B.3. Approval of 2018 CPI Adjustment Request by Republic Services Attachments: Staff Report Rate Adjustment Letter from Republic Services 15.B.4. Approval of 2018 CPI Adjustment Request by Mr. Mulch Attachments: Staff Report Rate Adjustment Letter from Mr Mulch 15.B.5. Final Pay to CDM Smith for CCNA 2018 Work Order No. 1 - 2018 Water Quality Technical Report Attachments: Staff Report CDM Smith Project Completion Report and Final Invoice 15.B.6. Cost Sharing Agreement between Solid Waste Disposal District and School Board of Indian River County Attachments: Staff Report Cost Sharing Agreement between SWDD and School Board C. Environmental Control Board September 11, 2018 Page 9 of 10 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for .public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board. is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the. appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irceov.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 11, 2018 Page 10 of 10 (6i' PROCLAMATION HONORING EDWARD KUYLESKY ON HIS RETIREMENT FROM INDIAN RIVER CO UNTY DEPAR TMENT OF EMERGENCYSERVICES WHEREAS, Edward Kuvlesky began his distinguished career in Emergency Medical Services with Indian River County as a Paramedic on November 17,1989, and, WHEREAS, in little over a decade he achieved Senior Paramedic, then was promoted to Supervisor of Operations, which upon consolidation with IRC Fire Rescue in 2006 became equivalent to an EMS Battalion Chief in which capacity he served until his retirement on September 4, 2018, and, WHEREAS, based upon his experiences as a .first responder, Edward Kuvlesky authored and co-authored multiple books on Pre -Hospital Emergency Care Education as well as patenting inventions that enhanced the EMS profession including the EZ -LZ Helicopter Landing Zone Locator Kit that was distributed throughout the world; and, WHEREAS, Edward Kuvlesky's deep passion for providing the highest quality pre- hospital emergency care has been evident throughout his career file, which is filled with letters of gratitude from tit general public, commendations from supervisors for innovative field work, as well as an appointment by Governor Lawton Chiles to Florida's early EMS Council, and, NOW, THEREFORE, BE IT PROCLAMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board appreciates Edward Kuvlesky's efforts on behalf of the County and wishes to express our deepest gratitude for the dedicated service he has given to our citizens and the EMS profession for almost 30 years, and, 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 EleAenth Day of September 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA I I Peter D. O'Bryan, chairman Lt. Dustin Lightesy, Florida Fish & Wildlife Conservation Commission, recipient of United States Lifesaving Association Meritorious Act Award, for a water rescue at the Sebastian Inlet on October 16, 2017. At approximately noon on October 16, 2017, Lt. Dustin Lightsey received an FWC dispatch advising two vessels had capsized in the Sebastian Inlet in an outgoing tide. Upon arrival Lt. Lightsey saw the vessels under the bridge. A "Towboat US" vessel was completely capsized and a pontoon boat was wedged between the south side's fender and the first cement piling of the bridge. He saw two people in the water near the pontoon boat, both donning PFDs, and he saw that the pontoon operator was trapped in the partially capsized vessel, his legs pinned by the boat's console. The operator was not wearing a PFD. Lt. Lightsey, wearing his PFD, threw a rope line to the Operator, who was able to use it to free himself from the console, but he was immediately washed overboard by the strong, outgoing current. As the victim was being carried out to sea, Lt. Lightsey jumped into the current and swam to the exhausted operator, stabilizing him as they both approached the offshore inlet waves. A nearby boat, operated by two good Samaritans, (Dale Snyder and John Corey) came to assist the rescue effort, but the current was too strong for Lt. Lightsey to get his victim aboard. As Lt. Lightsey held onto both the victim and the boat, the boat was moved to an area where they could safely board. Lt. Lightsey then directed the good Samaritan vessel back to rescue the other victims. IRC Fire Rescue had arrived on scene and had secured one of the victims by attaching a rope to her life ring. Once in position, Lt. Lightsey directed IRC FR to release the rope. He grabbed the life ring and lifted the victim into the boat as the current carried her seaward. Lt. Lightsey, in similar fashion, was able to grab hold of the third victim's PFD as the current carried her seaward. The boat had to be maneuvered, once again, to calmer waters before the victim could be brought safely aboard. Lt. Lightsey assumed operation of the vessel and ran it to the boat ramp, where he released the three victims to Fire Rescue. An ocean search was then conducted by Lt. Lightsey for two other missing persons. One was found safely aboard another vessel and was transported to the boat ramp. The other, the captain of the Towboat US vessel, was located safely onshore. 415 343 FDNY 37 PAPD 23 NYPD 8 EMT -P 3 NYSCO 1 NYFP %►leVlDowJel'l�t'.l� �i� PROCLAMATION ,y DESIGNATING SEPTEMBER, 2018 AS SUICIDE AWARENESS MONTH WHEREAS, in the United States,. one person dies by suicide every 12.8 minutes, with close to 45,000 reported deaths by suicide in our country during 2016; and WHEREAS, in our country, suicide is the second leading cause of death for 10-34 year olds, and is the tenth leading cause of death for people of all ages; and WHEREAS, in Indian River County, the suicide rate is 14.8 percent with 48 "reported" suicides in 2017; and WHEREAS, each person's death by suicide intimately affects at least six other people, with over 200,000 newly bereaved each year; and WHEREAS, far too many Floridians die by suicide each year, and most of these deaths are preventable. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September, 2018, be designated as SUICIDE AWARENESS MONTH in the County of Indian River, Florida and ask all residents to learn how they may help, because suicide prevention is everyone's business. Adopted this 11th 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 NO PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2018, AS "HUNGER ACTION MONTH" WHEREAS, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, with 20,820 children and adults in Indian River County now categorized as food insecure; and WHEREAS, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to provide additional resources that Indian River County citizens need; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in mobilizing people about the role and importance of food banks and other hunger relief. organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and WHEREAS, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, are coordinating Hunger Action Day on September 13, 2018 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in their local community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2018, be designated as "Hunger Action Month" in Indian River County and the Board encourages all citizens to exercise observance. Adopted this 11th 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 3 PROCLAMATION DESIGNATING SEPTEMBER, 2018, AS ATTENDANCE AWARENESS MONTH WHEREAS, chronic absences missing 10 percent or more of school for any reason including excused and unexcused absences, or just two or three days a month — is a proven predictor of academic trouble and dropout rates; and WHEREAS, improving attendance and reducing chronic absences takes commitment, collaboration, and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absences predict lower third-grade reading proficiency, course failure, and eventual dropout; and it weakens our communities and our local economy; and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly; and WHEREAS, chronic absences can be significantly reduced when schools, parents, and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board designates the month of September, 2018 as "Attendance Awareness Month". The Board urges the community to commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow, and thrive academically, emotionally, and socially. Adopted this 11th 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 n American Red Cross Florida's Coast to Coast Chapter Learn more about becoming a Red Cross Volunteer at Redcross.org Or call (863) 314-6743 American Red Cross in Indian River County Fiscal Year 2018 41 Disaster Action Team Responses to Home Fires 98 Home Fire Campaign 10 -Yr Smoke Alarm Installs 2,044 residents attended Disaster Education Presentations American Red Cross Real-time severe weather and emergency alerts, with steps on what to do next. All with the free Red Cross Emergency App. Emergency is the one -download resource that puts vital information at your fingertips. This all-inclusive app combines more than 35 different severe weather and emergency alerts` from natural to man-made, giving you real-time information to help keep you and your loved ones safe. The Red Cross Emergency app is highly customizable and informative: • Choose the alerts that are important to your location • Monitor activity across the country to know what is about to occur in the locations of your family and friends • Activate "Family Safe" to notify loved ones that an alert has been issued in their area and check to see if they are safe • Access information on what to do before, during and after an emergency strikes • Gain guidance on topics from home fires and water safety, to first aid • Plus, you can view all the content in Spanish! Wrap Emergency Around Your Wrist The Emergency app also works on the Apple Watch!" Download For Free, Today Text GETEMERGENCY to 90999 or search "Red Cross Emergency" in the Apple App Store or Google Play Store. Aplicaci6n Emergencia—ahora disponible en espanol tambi6n! 12C:J05s 04,15 More than 35 Different Severe Weather and Emergency Alerts • Earthquakes • Extreme Heat • Floods • Winter Storms • Hurricanes • Severe • Tornados Thunderstorms • Tsunamis • Landslides • Volcanos • And more... • Wildfires Alerts from National Oceanic and Atmospheric Administration (NOAA) and US Geological Survey (USGS) "Alerts and Family Safety functionality only. Get a kit. Make a plan. Be informed. It's important to prepare for possible disasters and other \ emergencies. Natural and human -caused disasters can strike American Red Cross suddenly, at anytime and anywhere. There are certain actions South Florida Region everyone can take that can help make a difference. Be Red Cross Ready Checklist ❑ I know what emergencies or disasters are most likely to occur in my community. ❑ I have a family disaster plan and have practiced it. ❑ I have an emergency -preparedness kit. ❑ At least one member of my household is trained in first aid and CPR/AED. Get a kit • 1 gallon of water per person per day • 3 -day supply of non-perishable, easy -to -prepare food • Medical items • Flashlight • Extra batteries • Battery -powered or hand -crank radio • Copies of personal documents • Cell phone with chargers • Family and emergency contact information • Maps of the area Make a plan • Meet with your household members; discuss how to prepare for emergencies likely to happen where you live, learn, work and play. • Identify responsibilities for each family member. • Choose two places to meet, if separated by an emergency: • Right outside your home in case of a sudden emergency, such as fire. • Outside your neighborhood, in case you cannot return home or are asked to evacuate. • Choose out -of -area emergency contact; all household members should have emergency -contact information in writing or in their cell phones. Plan what to do if you have to evacuate • Decide what route you would take and how you would get there. • Practice evacuating home twice a year. • Plan ahead for your pets. Keep a phone list of pet -friendly hotels/motels and animal shelters. Be informed • Identify how local authorities will notify you during a disaster and how you will get information, whether through local radio, N or NOAA Weather Radio stations. • Know the difference between different weather alerts, such as watches and warnings, and what actions to take in each. To learn more about disaster preparedness, visit redcross.org/prepare 'q '3. 34501 s 3120180049471 !RECORDED 8N THE PUBLIC RECORDS OF JEFFREY ,R'SMITH, CLERK OF COURT INDIAWRIVER'COUNTY FL BK: 3140 iPG: 299 (Page 1 of 418710/2018 11:20 AM ORDINANCE NO. 0-18-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 66.87 ACRES, MORE ORAESS, LOCATED SOUTH OF SEBASTIAN HIGHLANDS AND THE ELKCAM DRAINAGE ROW, WEST OF VACANT LANDS, NORTH OF C.R. 510 AND EAST OF SEBASTIAN RIVER WATER CONTROL DISTRICT CANAL; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian to be voluntarily annexed into the municipality; and WHEREAS, the City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property nota lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit `1' and as shown on the map within said Exhibit `1', containing 66.87 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of 1 VA q+ Indian River County, Florida; and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. That notice of this ordinance has been posted in accordance with Section 171.044, Florida Statutes. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY.. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Kinchen The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan aye aye aye aye ave The Mayor thereupon declared this Ordinance duly passed and adopted this 81h day of August, 2018. ATTEST: WJA�xmj.�. � vette Williams, MMC City Clerk' CIT By. Ji Approved as to form and legality for reliance by the City of Sebastian only: Jam tokes, City Attorney EXHIBIT 1 _T;� I- �- _—�-��><�-- g Isx m,•.n /`"` —NI n, w la x, g I oe,xvwx. e l ' S ,g ,w,c v'•'(ejurtci �,$� \ uL+rwo vewdw vw .xm�, xrweruxu wexre a•wnva � Ie�,>;��..�a•e�,>F� i✓..w�xaw,.w_,� I \ �4� .� I P��x�,,,,+>,�eo,m�,4 I ixcx we wxc r[xc[ —i .. ,. - .E \� � I .., ., � e x... •umwan .en rww.w.wx.,ua,ww..w NW 14i �OF % ;/d I IIJ l O _SR 7:4 ----- —'\ \ Ig �..w� ae � �� ��a�oa •� .a.�a g 7I� uxc I .+,. ,n w�/. r v � I ! I ,. ..,.... �..•,m�.,,,�"xex• �„«..-..�,..,.�.,.,.,.,.�,. I • l . I LEGEND a b SW 1/4 OF SW 7/4 3E 114 O` -„>6V 1, Z $ I p t j r�ic I I m , d � /R.i¢ / _ I � _ _a_ ,r la � ,.w•d�r��_ I(�,�_ _�rr oumnu<>irw w°i°P �(,\� 51 ,*n in S $ fl 8 aa. gi n'"e%'s" � GRAPHIC SCALE xn 1 :DE Gte R"ll R°BOUNDARY SURVEY BROTHERS COMPANY CARTER ASSOCWfTS, INC. EET 85TH STREET CONSULTING ENGINEERS AND LAND SURVEYORSr'•..�- n - wPo erz[rsc PART OF THE SOUTHWEST 114 OF 1 of 1 VERO BEACH, FLORIDA 32967 1708 21st STREET, VERO BEACH, FL 32980 /.+_..�i/ r?i:./^, er o.Ha w.W, SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST TEL (nzl58z-4191 FA%:;7lxj ss2-7+eC s.cuccuR�sav Y nE4•� Rv"E"+aln�0 INDIAN RIVER COUNTY, FLORIDA wcvlcinu av n41P m Puc — ...._.,O m.smcuns,. :. car.m„In .•Pa.. aawvre "BLOCK 41" 76, FILED 8/20/2018 ;DOCUMENT NO. 05400-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for DOCKET NO. 20180084 -El approval .to include in base rates the revenue ORDER NO. PSC -2018 -0409 -CO -EI requirement for the Citrus combined cycle ISSUED: August 20, 2018 project, by Duke Energy Florida, LLC. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0367 -TRF -EI, issued July 25, 2018, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2018 -0367 - TRF -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 20th day of August, 2018. 6�a/tco*k'1& CARLOTTA S. STAUFFE9 ' Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. KMS Z10 ORDER NO. PSC -2018 -0409 -CO -EI DOCKET NO. 20180084 -El PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. y-9 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney INFORMATIONAL ITEMS: 9111/18 `7C Ofce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: August 23, 2018 SUBJECT: Indian River County Code Chapter 309, Fair Housing - Annual Report As the administrator of the County's Fair Housing. Ordinance, please be advised that no complaints of discriminatory housing practices have been reported or received since the last annual report. WKD/nhm E FILED 8/24/2018- DOCUMENT NO. 05496-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of modifications to DOCKET NO. 20180123 -El Section No, IV, general rules and regulations ORDER NO. PSC -201.8 -0425 -CO -EI governing electric.service, Part VIII billing, ISSUED: August. 24, 2018 residential and non-residential budget billing, by Duke Energy Florida, LLC. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0372 -TRF -EI, -issued July 30, 2018, this Commission proposed to take Certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, :Florida Administrative Code. No response has been filed to the order; in regard to the :above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -2018 -0372 - TRF -EI has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 24th day of August, 2018. o CARLOTTA S. STAUFFER Commission Clerk Florida Public Service Commission 2.540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 wvm.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. WLT 6__/ ORDER NO. PSC -2018 -0425 -CO -EI DOCKET NO. 20180123 -El PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. PROCLAMATION HONORINGAUGHTMANE. CRUCE ON HIS RETIREMENT FROM INDL4NRIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICESIWA TER PR OD UCTION DIVISION WHEREAS, Aughtman E. Cruce retires from Indian River County Water Production Division effective August 26, 2018; and WHEREAS, Aughtman E. Cruce began his career with Indian River County on October 1, 1995, as a Water Treatment Plant Operator C, where he continued in that capacity until his retirement, and WHEREAS, Aughtman E. Cruce has served this County and the Public with distinction and sefflessness. During his twenty-two 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 Aughtman E. Cruce's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last twenty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavorsl Adopted this 11th day of September, 2018. BOARD OF COUNTY COMMISSIONERS (�O INDIANRIVER COUNTY, FLORIDA �, Peter D. O'Bryan, C airman '7G INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 4, 2018 FROM: Kristin Daniels Acting Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 8/31/18. ATTACHED: • All Aboard Fl. expenses through 8/31/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 8/31/18 spreadsheet. 7 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in addition to prior authorizations AcctN00110214-033110-15023 Legal Services Date Vendor Amount Note 8/24/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service -June 2018 7/18/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -4/18-4/20/18 7/17/2018 Bryan Cave LLP $14,257.36 Fees for Legal Services -May 2018 7/2/2018 McDermot,Will & Emery LLP $10,012.00 IRC Legislative Advocacy Matters -4/6-4/20/18 6/13/2018 Bryan Cave LLP $30,148.74 Fees for Legal Services -April 2018 5/29/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 5/15/2018 Bryan Cave LLP $23,853.70 Fees for Legal Services -March 2018 5/7/2018 MCDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services -Feb 2018 4/9/2018 MCDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services -Jan 2018 3/7/2018 MCDermot Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/lan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services -Dec 2017 2/2/2018 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Dec 1/17/2018 Bryan Cave LLP $6,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McCermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $371,715.01 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 Date Vendor Amount Note' 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Acctg00110214-033190-15023 Other Professional Services 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request Subtotal Expenses FY 17/18 $165.68 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 J Date Vendor 9/30/2015 Dylan Reingold 9/16/2015 Federal Express 8/25/2015 Railroad Consultant Group 8/25/2015 Railroad Consultant Group 7/14/2015 Federal Express 7/2/2015 William M Sampson 6/16/2015 Federal Express Amount Note $412.00 Reimburse for case filing $3.92 Shipping $36,053.97 Rail Safety Study $435.00 Rail Safety Study $6.31 Shipping $6,875.00 Rail Crossing Analysis $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 All Travel 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $1,552.04 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines $193.20 9/30/2017 Jet Blue $168.20 9/30/2017 Jet Blue $25.00 9/30/2017 Bob Solari -travel to Washington DC Acct#00110214-034020-15023 $869.98 with OMB,Senator & Congressman & FDOT All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P -Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 17/18 $373,432.73 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 8/31/18 $2,667,809.26 10 Date Vendor Amount Note Total Board authorized budget for FY 17/18 $592,544.00 Total Board authorized budget for FY 16/17 $223,471.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-17/18 $2,886,921.00 Remaining Balance $219,111.74 11 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Berger Singerman 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 ISubtotal Expenses FY 13/14 $58,673.711 12 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services $4,090.00 Other Prof. Services /Legal Advertising $4,090.00 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee $98.00 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee $353.39 6/19/2018 Tim Zorc-PSC meeting -Tallahassee $380.74 3/21/2018 Tim Zorc-FMPA meeting -Orlando $97.82 1/23/2018 Tim Zorc-FMPA meeting -Orlando $99.16 12/19/2017 Tim Zorc-FMPA meeting -Orlando $100.71 Subtotal Expenses FY 17/18 $1,129.82 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 13 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 17/18 $1,129.82 Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 8/31/18 $337,048.69 Budget Authorization Budget 10/1/2017 FY 17/18 Budget $68,909.00 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $67,779.31 14 FILED 8/28/2018 DOCUMENT NO. 05632-2018 FPSC - COMMISSION CLERK, BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for DOCKET NO. 20180088 -El approval of a smart meter opt -out tariff, by ORDER NO. PSC -2018 -0435 -TRF -EI Duke Energy Florida, LLC. ISSUED: August 28, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER GRANTING DUKE ENERGY FLORIDA, LLC' S PETITION FOR APPROVAL OF A SMART METER OPT -OUT TARIFF BY THE COMMISSION: Back rg ound On April 4, 2018, Duke Energy Florida, LLC (DEF or Utility) filed a petition for a limited proceeding for approval of a smart meter opt -out tariff (opt -out tariff). The tariff, as approved herein, is available to customers who elect to receive a non-communicating meter in lieu of the standard smart meter, or Automated Meter Infrastructure (AMI) smart meter. On November 11, 2017, we approved DEF's 2017 Second Revised and Restated Settlement Agreement (2017 Settlement), which includes a provision for a 15 -year depreciable life for new AMI assets.' On October 25, 2017, we held a hearing to consider the 2017 Settlement. At the hearing, DEF witness Portuondo testified that the base rate adjustments contained in the 2017 Settlement include AMI smart meters to be deployed by 2021 and a replacement of DEF's customer information system, or billing system, to maximize the benefits of the AMI smart meters and provide customers with better tools to manage their consumption. At the hearing, witness Portuondo also stated that DEF will file an opt -out tariff, which DEF has done with the instant petition.2 Consistent with the testimony provided during the 2017 Settlement hearing, the Utility states in the instant petition that smart meter deployment for residential and general service 'Order No. PSC -2017 -0451 -AS -EU, issued November 20, 2017, in Docket No. 20170183 -EI, In re: Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adiustments by Duke Energy Florida, LLC. 2 Document No. 09411-2017, filed on November 3, 2017, in Docket No. 20170183 -EI. 1q- I ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -El PAGE 2 (small commercial) customers is set to begin in November 2018. Upon completion of the deployment, expected by December 2021, smart meters will become DEF's standard meter. Associated with the AMI project is meter communication infrastructure needed to enable communication with the meters and DEF's information technology system. DEF's current meters are Automated Meter Reading (AMR) meters that emit a radio frequency signal. That signal is picked up once a month by a meter reading vehicle driving by the neighborhood. DEF installed the AMR meters in 2005 and 2006 and states that at the time there was no public opposition to the AMR meter deployment. In the last five years, DEF has received a small number of complaints regarding radio frequency transmission, which is similar between the AMR and AMI smart meters. In all complaints so far, the AMR meter was retained as Duke does not have an opt -out tariff. However, DEF stated that some customers specifically requested an opt -out option and a meter that emits no radio frequency signal. DEF anticipates that some customers will elect to forego the new AMI smart meters and request a non-communicating meter; therefore, DEF filed the instant petition and associated opt - out tariff. The opt -out tariff is applicable to customers that request a non-communicating, i.e., non-standard, meter and includes an initial one-time set-up fee of $96.34 and a monthly surcharge of $15.60. The requested charges are based on DEF's incremental costs to provide the opt -out tariff. We approved a similar opt -out tariff and charges ($89.00 one-time set-up fee, $13.00 monthly surcharge) for Florida Power & Light Company (FPL) in 2015.3 Several municipal electric utilities, City of Lakeland and Orlando Utilities Commission, and rural electric cooperatives, Sumter Electric, Talquin Electric, Tri -County Electric, and Peace River, also provide optional opt -out tariffs. On April 18, 2018, DEF waived the 60 -day file and suspend provision per Section 366.06(3), Florida Statutes (F.S.). DEF responded to several Commission staff data requests on May 3, June 4, June 20, and July 17, 2018. On May 23, 2018, DEF provided revised tariff sheets reflecting a minor correction. On July 23, 2018, DEF provided revised tariff sheet No. 6.400 to include language that an opt -out customer who already has a non-communicating meter installed would not be required to pay the $96.34 one-time set up fee. The legislative version of the revised opt -out tariff sheet No. 6.400 is shown in Attachment A to this Order.4 We have jurisdiction pursuant to Sections 366.03, 366.04, 366.05, and 366.06, F.S. Decision DEF is offering this opt -out tariff ahead of AMI deployment after reviewing the experiences of other utilities with their customers and smart meters. In its petition, the Utility states that FPL began deploying smart meters in 2010, but received customer complaints regarding smart meters and subsequently filed a petition for an opt -out tariff in August 2013. 3 Order No. PSC-15-0026-FOF-EI, issued on January 7, 2015, in Docket No. 130223 -EI, In re: Petition for approval Of optional non-standard meter rider, by Florida Power & Light Company. 4 DEF's petition included other non -substantive tariff changes that have not been attached to this order. lq-�_ ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -El PAGE 3 DEF notes that because it is not required to offer an alternative meter, all costs associated with the non-standard meters will be recovered from the participating customers. The requested tariff includes two separate fees: a one-time set-up fee of $96.34 for the non-standard meter installation and a monthly surcharge of $15.60 for upfront IT costs and monthly meter readings. The set-up fee must be paid at the time the customer takes service under the opt -out tariff, regardless of the length of time the customer is enrolled. Customers can cancel service under the opt -out tariff at any time. These charges will be in addition to all other tariffed rates and charges applicable to an opt -out customer. Customer Participation DEF anticipates that approximately 0. 15 percent of its AMI eligible customers will choose to opt out. The Utility examined FPL's opt -out tariff participation rates as the basis for its own participation predictions. DEF states that FPL originally forecasted that 0.26 percent of its 4.9 million customers would participate when developing an opt -out tariff, however, actual participation for FPL in 2017 was about 0.12 percent, or 5,966 customers. DEF rounded up to predict that 0.15 percent—about 2,700— of its 1.8 million eligible customers will opt -out. The projected number of opt -out customers is used in developing the monthly surcharge. Set-up Fee The one-time set-up fee of $96.34 reflects the labor and vehicle costs to install each non- standard meter. In response to Commission staff's data request, DEF stated that it isnot creating any new positions to perform the incremental tasks associated with administering the opt -out tariff. However, DEF further stated that in the absence of the opt -out tariff, the current staffing of these positions may have been reduced. The set-up fee is applicable to all opt -out tariff participants regardless of duration of service. The breakdown of the set-up fee components is shown in table 1 below. M-'5 ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -El PAGE 4 Table 1 Set-up Fee Cost Components Task Time Per Cost Per Description Customer Customer Customer service 3 minutes $1.40 Customer Care Specialist to handle calls and enrollment in opt -out tariff, explain tariff details, and set up customer's account as an opt -out customer. Metering services work 5 minutes $2.93 Work Force Management Specialist II to order management create initial work orders for opt -out meter programming, meter exchange, and manual meter routing. Meter programming 30 minutes $29.09 Field Meter Tech to program the opt -out and.labelling meter and apply opt -out label to help ensure an opt -out meter is not replaced with an AMI smart meter. This work is performed at a DEF lab. Meter exchange 45 minutes $43.63 Field Meter Tech to travel to customer premises, remove existing meter, replace with opt -out meter, and close work orders. Meter exchange - 45 minutes $4.61 Vehicle used by Field Meter Tech for meter vehicle exchange. The cost is based on DEF's cost to operate the vehicle used by field technicians. Manual meter reading 20 minutes $14.68 Meter Route Analyst to determine location route analysis of opt -out participant and find efficient meter reading route. Total one-time cost per customer $96.34 Source: Exhibit A to DEF's Petition DEF explained that the time per customer is based on a conservative average time estimate for the specific tasks to be performed. We find the time estimates to be reasonable. The cost per customer is calculated by multiplying the time to complete the task by the hourly rate of the job performer. DEF provided cost support for its hourly rates which includes the confidential annual salary, . payroll tax, benefits, pension, and incentives (bonus payments). We reviewed hourly rate information provided by DEF in its 2009 rate case for customer service and field labor and find the hourly rates included in this docket are reasonable. Furthermore, DEF's salaries are comparable to those approved for FPL's opt -out charges. ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -EI PAGE 5 In response to Commission staff's data request, DEF clarified that if an opt -out customer already has a non-communicating meter installed at the premises, the customer would not be required to pay the $96.34 one-time set up fee as DEF would not incur the cost for the non- standard meter installation. This provision was not reflected in the original opt -out tariff fled by DEF; therefore, DEF filed a revised tariff to clearly state when the one-time fee would not be assessed. Monthly Surcharge The monthly surcharge to take service under the opt -out tariff is $15.60, which reflects a combination of upfront IT related and ongoing meter reading related service costs. DEF states that its upfront IT costs are predicted to be $374,014. This is the estimated cost to update the customer system and change business processes to accommodate the opt -out tariff program. DEF used a 5 -year recovery period for its IT costs to derive monthly IT related costs of $4.58 per customer, which -is the same recovery period we approved for FPL's opt -out tariff. After installation of a non-standard meter, the only ongoing costs to the Utility will be the monthly meter readings, which the Utility estimates to be $11.02 per customer. These costs reflect the meter reading position rates and the vehicle rates, both for an estimated 20 minutes per meter reading. In response to Commission staff's data request, DEF stated that assuming that opt -out customers are spread across the Utility's service territory, it is estimated to take 20 minutes to travel to the customer premises, get out of the vehicle, read the meter, log the read, and return to the vehicle to continue on the route. Customer Notice and Deployment The Utility states that AMI deployment is set to begin November 2018; therefore, DEF is requesting that the opt -out tariff be available the first billing cycle of December 2018. Two weeks prior to a customer receiving a smart meter, DEF shall mail a postcard to the customer informing them of the meter exchange and providing more information on smart meters. The postcard shall include a toll-free number to call for questions regarding smart meters and the option to opt out. Information regarding smart meter deployment and the opt -out tariff shall also be on the Utility's website. Reporting Within three months after the AMI smart meter deployment is completed, December 2021, DEF shall report to this Commission on the costs of the program, revenues, and actual participation. We find that three months is a reasonable time to allow DEF to prepare and file a report in this docket, which shall happen no later than March 31, 2022. If AMI smart meter deployment is significantly delayed beyond the Utility's anticipated completion date, the Utility shall notify this Commission with a filing in this docket. It is noted that FPL is required to file annual smart meter progress reports; however, DEF, in response to Commission staff's data request, stated that it does not believe a formal N,5 ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -EI PAGE 6 . process of tracking costs is necessary. However, we find that actual participation rates and costs may vary, and that a comparison of estimated costs presented in this petition and actual costs incurred is important to ensure the opt -out tariff remains cost -based or else be adjusted through a revised tariff filing. Conclusion We find that the incremental costs to offer the proposed opt -out tariff shall be recovered from the participating customers. In our order approving FPL's opt -out tariff, we stated that "since significant incremental costs would be incurred in providing [an opt -out tariff], it would be discriminatory to require standard meter customers to subsidize that service."5 We find that DEF provided sufficient cost support in its petition and responses to Commission staff's data requests to support its assertion that the proposed tariff is cost -based. Therefore, we hereby approve DEF's proposed opt -out tariff. The effective date shall be on the first billing cycle of December 2018. Within three months after the AMI smart meter deployment is completed, DEF shall file a report within this docket on the costs of the program, revenues, and actual participation. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's petition for a limited proceeding for approval of a smart meter opt -out tariff is hereby granted, effective the first billing cycle of December 2018. It is further ORDERED that two weeks prior to a customer receiving a smart meter, DEF shall mail a postcard to the customer informing them of the meter exchange and providing more information on smart meters. It is further ORDERED that within three months after the Automated Meter Infrastructure smart meter deployment is completed, DEF shall file a report within this docket on the costs of the program, revenues, and actual participation. It is further ORDERED that if a protest is filed within 21 days of the issuance of this Order, the tariff shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. 5 Id. ORDER NO. PSC -2018 -0435 -TRF -EI DOCKET NO. 20180088 -El PAGE 7 KRM By ORDER of the Florida Public Service Commission this 28th day of August, 2018. CARLOTTA S. STAUFPM Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 xvww.floridapsa.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is. available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the :form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on September 18. 2018. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2018 -0435 -TRF -EI ATTACHMENT A DOCKET NO. 20180088 -El PAGE 8 SECTION NO. VI I—fts DYM ORIGINAL SHEET NO. 6.400 'LI VLRV e RATE SCHEDULE NSMR-f Ootional - NonStondard Motor Rider (AMI Opt-0ut) Availability: Available thmuohout the entire tenitory served by the Company. Applicable: 'this optional Rider is available to customers who request a meter that either does not utlli a radio freoueno communications to transmit 'data, or is otherwise required to be readmanually provided that such a meter Is avattable for use by the Company. At the'Companys option. meters to be read manually may be elther a smart meter with the radio fmauency communication taoablilN disabled or other non. ammunicabno meter. The meter manufacturer and model 'chosen to service the customers ("Opt -Out Customer"I premise are at the 'discretion of the Company and are sublect to change'st the Companv:s option at any time. Character of Service: Electric enemy supplied hereunder must meet Me Character of SeMce and usage SPedk-ations consistent OM-servlce under the Opt - Out Customers otherwise applicable tariff, Rate: Initial Set-up Fee (one-time serAce fee) 596.34 Rate bar month 515.60 All charges and provisions of the Opt -Out Customers otherwise applicable rate schedule shall also apply. Limitation of Service: This Rider is not evallable to Net Metering customers or customefs Partidpafina in the Ffxxed8m orocram. TMs Rider Is also not aveilame to customers who have tempered with the eleddc meter service or used service In a fraudulent or unauthorized manner, at the armant or any prior location. Service under this Rider is subject to order3 of aovemmental bo0es having iud5didion and to the currently effedive "General Rules and Regulations Goveming Eleddc Service- on file with the Floritla Public Service Commisdon. Tenn of Service: 'Not les; than one (1) billfna Period Tho'Company reserves the `right to terminate this Rider at any time upon notice to the Customer for Volatlon of any of the terms or conditions of this Rider. Special Provisions: Customers taking servfce under this -Rider relocating to a new Premise who'vdsh to coMinue seMee under this Rider are required to request new service under tMs Rider including Payment of the Initial Set -Up fee at the new Premise, except in the instance where the previous customer at that ommise had on sporoved non-communicating meter etreadv in place. Customers wishirm to take service under this Rider and relocating to a premise where an existing approved non-communicating meter is already in place: NI, not be required to pay er the Initial Set -Un Fee. Customs who cancel service under this Rider and then later re -enroll for this serAm at any location would bg 'required to submit another Inifiat Set -Up Fee, ISSUED BY: Javier J. Portuando. Managing Director Rates & Regulatory Strategy— FL EFFECTIVE: Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar First Responders Fall Cookoff Sep 15 @ Fairgrounds: 5 - 9pm Cookoff — open to public, music,. etc. Community Office Hours Event Sep 20 @ North IRC Library: - I0am- One on one with Commissioner Susan Adams Vero Beach Gun Show Sep 29-30 @ IRC Fairgrounds; - Saturday 9am-5pm - Sunday 9am-4pm South County Community Meeting Oct 1 @ iG Center: 71 www.patriotshows.com • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Special Olympics Aquatic Championship www.ircrec.com/ncac Oct 6-7 @ North County Aquatic Center: Sam - 3pm, VOLUNTEERS NEEDED! Touch ATruck by Kindergarten Readiness Collaborative www.krcirc.org Oct 6 @ IRC Fairgrounds: - Saturday 10am-2pm - Big Trucks to explore, fun for the whole family. Treasure Coast Boat Show, Marine Flea Market&.Seafood Festival. Oct 13-14 @ IRC Fairgrounds: - 9am-5pm: Sat and Sun. www.treasurecoastboatshow.net United Healthcare Medicare and Retirement Workshop Oct 15 @ iG Center: loam- l 2noon 15 Community Office Hours Event Oct 18 @ North IRC Library: • l Dam- One on one with Commissioner Susan Adams Jimmy Graves Foundation (JGF) Leadership Education And Development (LEAD) FAU Training: Student Leader Challenge Oct 20 @ iG Center: • 9am- 3pm United Healthcare Medicare and Retirement Workshop Oct 29 @ iG Center: • IOam- 12noon 16 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180.1 27,' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 9, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 3, 2018 to August 9, 2018 $ compt 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 3, 2018 to August 9, 2018. 17 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 370536 08/08/2018 CATHEDRAL CORPORATION 30.000.00 370537 08/09/2018 COASTAL DOORS INC 997.50 370538 08/09/2018 JORDAN MOWER INC 946.45 370539 08/09/2018 SUNCOAST WELDING SUPPLIES INC 374.87 370540 08/09/2018 COMMUNICATIONS INTERNATIONAL 23;264.62 370541 08/09/2018 TEN4 FIRE EQUIPMENT INC 98.00 370542 08/09/2018 VERO CHEMICAL DISTRIBUTORS INC 154.59 370543 08/09/2018 RICOH USA INC 162.98 3.70544 08/09/2018 SAFETY PRODUCTS INC 643.01 370545 08/09/2018 AT&T WIRELESS 2.72 370546 08/09/2018 DATA FLOW SYSTEMS INC 4,809.26 370547 08/09/2018 BRENDA DICKHART 228.00 370548 08/09/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 37.44 3.70549 08/09/2018 GRAINGER 122.34 370550 08/09/2018 KELLY TRACTOR CO 1,350.48 370551 08/09/2018 GENES AUTO GLASS INC 170.00 370552 08/09/2018 SAFETY KLEEN SYSTEMS INC 686.48 370553 08/09/2018 REPUBLIC SERVICES INC 456.50030 370554 08/09/2018 MY RECEPTIONIST INC 315.93 370555 08/09/2018 GAYLORD BROTHERS INC 184.53 370556 08/09/2018 HACH CO 262.27 370557 08/09/2018 LFI FORT PIERCE INC 1_.300.95 370558 08/09/2018 CLIFF BERRY INC 399.00 370559 08/09/2018 PHYSIO CONTROL INC 3,871.75 370560 08/09/2018 ALLIED ELECTRONICS INC 1,134.67 370561 08/09/2018 DEEP SIX DIVE SHOP INC 51.97 370562 08/09/2018 SCHULKE BITTLE & STODDARD LLC 67.48 370563 08/09/2018 EXPRESS REEL GRINDING INC 1,100.00 370564 08/09/2018 TIRESOLES OF BROWARD INC 7,273.92 370565 08/09/2018 AMERICAN WATER CHEMICALS INC 101105.92 370566 08/09/2018 DELL MARKETING LP 10,885.31 370567 08/09/2018 THE GOODYEAR TIRE & RUBBER COMPANY 100.00 370568 08/09/2018 BLAKESLEE SERVICES INC 645.00 370569 08/09/2018 BAKER & TAYLOR INC 1,902.26 370570 08/09/2018 BARNEYS PUMP INC 17,220.00 370571 08/09/2018 MIDWEST TAPE LLC 86531 370572 08/09/2018 MWI CORP 1,619.04 370573 08/09/2018 MICROMARKET NG LLC 107.37 370574 08/09/2018 BAKER DISTRIBUTING CO LLC 258.75 370575 08/09/2018 ATKINS NORTH AMERICA INC 7,438.05 370576 08/09/2018 CENGAGE LEARNING INC 1,369.47 370577 08/09/2018 PALM TRUCK CENTERS INC 170.29 370578 08/09!2018 CLERK OF CIRCUIT COURT 268.00 370579 08/09/2018 INDIAN RIVER COUNTY HEALTH DEPT 250.00 370580 08/09/2018 CITY OF VERO BEACH 16,123.34 370581 08/09/2018 CHAPTER 13 TRUSTEE 201.08 370582 08/09/2018 UNITED PARCEL SERVICE INC 29.58 370583 08/09/2018 FERGUSON ENTERPRISES INC 26,708.15 370584 08/09/2018 L B BRYAN & COMPANY 12,560.00 370585 08/09/2018 FLORIDA GOVERNMENT FINANCE 35.00 370586 08/09/2018 JANITORIAL DEPOT OF AMERICA INC 55.56 370587 08/09/2018 FLORIDA DEPT OF EDUCATION 310.88 370588 08/09/2018 INTERNATIONAL GOLF MAINTENANCE INC 88.148.43 370589 08/09/2018 FLORIDA WATER & POLLUTION CONTROL 30.00 370590 08/09/2018 FLORIDA WATER & POLLUTION CONTROL 30.00 370591 08/09/2018 GEOSYNTEC CONSULTANTS INC 24.835.92 370592 08/04/2018 MUNICIPAL CODE CORPORATION 2.024.60 370593 08/09/2018 TIMOTHY ROSE CONTRACTING INC 141,187.11 TRANS NBR DATE VENDOR AMOUNT 370594 08/09/2018 TRAFFIC PARTS INC 195.00 370595 08/09/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 10,566.28 370596 08/09/2018 FLORIDA POWER AND LIGHT 9,476.38 370597 08/09/2018 FLORIDA POWERAND LIGHT 1,733.36 370598 08/09/2618 FLORIDA POWER AND LIGHT 2,080.08 370599 08/09/2018 GIFFORD YOUTH ACHIEVEMENT CENTER INC 6,504.76 370600 08/09/2018 WASTE MANAGEMENT INC 189;291.48 370601 08/09/2018 HIBISCUS CH.ILD'RENS CENTER 26.17 370602 08/09/2018 JASON E BROWN 123.18 370603 08/09/2018 CHANNING BETE CO INC 148.50 370604 08/09/2018 CHRISTOPHER S STUCKEY 80.00 370605 08/09/2018 MYLES .BROWN 240.00 370606 08/09/2018 HENRY SMITH 60.00 370607 08/09/2018 KURT ST:EFFEN 30.00 370608 08109/2018 ALAN C KAUFFMANN 1.60.00 370609 08/09/2018 DOUBLETREE HOTEL 113.00 370610 08/09/201.8 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 152.11 37061.1 08/09/2018 BANK OF NEW YORK 1,837.50 370612 08/09/2018 CARIBE ROYALE HOTEL 140.00 370613 08/09/2018 CAR.IBE ROYALE HOTEL 140.00 370614 08/09/2018 CARIBF_ ROYALE HOTEL 280.00 370615 08/09/201.8 INTERNATIONAL CODE COUNCIL INC 540.80 370616 08/09/2018 ARCADIS U S INC 2,950.00 370617 08/09/2018 GLOBAL EQUIPMENT CO INC 521.85 370618 08/09/2018 RUSSELL PAYNE INC 1,015.54 370619 08/09/2018 TRANE US INC 61,992.00 370620 08/09/2018 CELICO PARTNERSHIP 761.25 370621 08/09/2018 CINDY CORRENTE 23.85 370622 08/09/2018 VANWAL INC 1,003.00 370623 08/09/2018 SYNAGRO-WWT INC 48,488.25 370624 08/09/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 150.00 370625 08/09/2018 FLORIDA FLOODPLAIN MANAGERS ASSOC 150.00 370626 08/09/2018 THE CLEARING COMPANY LLC 2,249.50 370627 08/09/2018 BIG BROTHERS AND BIG SISTERS 1,875.00 370628 08/09/2018 BIG BROTHERS AND BIG SISTERS 10,586.00 370629 08/09/2018 ALAN HILL 83.00 370630 08/09/2018 FASTENAL COMPANY 10.80 370631 08/09/2018 SOUTHERN JANITOR SUPPLY INC 2,105.10 370632 08/09/2018 MBV ENGINEERING INC 6,275.00 370633 08/09/2018 CENTRAL PUMP & SUPPLY INC 186.20 370634 08/09/2018 MASTELLER & MOLER INC 92626.00 370635 08/09/2018 STAPLES CONTRACT & COMMERCIAL INC 3.1.37 370636 08/09/2018 GLOVER OIL COMPANY INC 160,217.64 370637 08/09/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 294.99 370638 08/09/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 298.99 370639 08/09/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 166.83 370640 08/09/2018 C W NIELSEN MFG CORP 175.30 370641 08/09/2018 LARRY STEPHENS 120.00 370642 08/09/2018 DIANE ALVEY 35.00 370643 08/09/2018 ARDAMAN & ASSOCIATES INC 1,389.00 370644 08109/201.8 TOTAL TEMPERATURE INSTRUMENTATION INC 5,328.85 370645 08/09/2018 JOHNNY B SMITH 250.00 370646 08/09/2018 MOORE MEDICAL LLC 319.18 370647 08/09/201.8 MENTAL HEALTH ASSOCIATION IRC INC 6,000.00 370648 08/09/2018 WILLIAMS. ANDREA 75.00 370649 08/09/2018 FISHER & PHILLIPS LLP 505.75 370650 08/09/2018 CE:MEX 1,479.00 370651 08/09/2018 KW✓ACKS INC 16,309.08 370652 08/09/2018 NICOLACE MARKETING INC 580.00 370653 08/09/2018 EQ THE ENVIRONMENTAL QUALITY COMPANY 30,087.40 19 TRANS NBR DATE- VENDOR AMOUNT 370654 08/09/2018 HOWARD WOODROW & ASSOCIATES INC 400.00 370655 08/09/201.8 WINSUPPLY OF VERO BEACH 93.45 370656 08/09/2018 FLORIDA VALVE & EQUIPMENT LLC 8,335.00 370657 08/09/2018 WHM LLC 459.83 370658 08/09/2018 SUNRISE PALMS LLC 400.00 370659 08/09/2018 SANDY ARAC.ENA 60.00 370660 08/09/2018 VERA SMITH 60.00 370661 08/09/2018 GARRETT SMITH 180.00 370662 08/0912018 BRENNTAG M'ID-SOUTH INC 3,324.51 370663 08/09/2018 KEM:PER.BUSINESS SYSTEMS 30.25 370664 08/09/2018 ECMC 282.67 370665 08/09/2018 YOUR.AQUA INSTRUCTOR LLC 220.00 370666 08/09/2018 FLORIDA ARMATURE WORKS INC 779.05 370667 08/09/2018 OVERDRIVE INC 6,457.10 370668 08/09/2018 BERMUDA SANDS APPAREL LLC 1,365.00 370669 08109/2018 DANELLA CONSTRUCTION CORPORATION OF FL INC 14,300.00 370670 08/0912018 KEITH GROCHOLL 60.00 370671 08/09/2018 ALAN JAY CHEVROLET CADILLAC 291384.33 370672 08/09/2018 RUTH BOMMARITO 23.85 370673 08/09/2018 LOWES HOME CENTERS INC 597.26 370674 08/0912018 PPG ARCHITECTURAL .FINISHES INC 193.80 370675 08/09/2018 KELLY LORR.AINE 14AMI_IN 120.00 370676 08/09/2018 ALEX M I KLO 50.00 370677 08/09/2018 BURNE7T LIME CO INC 19,229.00 370678 08/09/2018 ATLANTIC ROOFING 11 OF VERO BEACH INC 160,341.57 370679 08109/2018 PENGUIN RANDOM HOUSE LLC 304.40 370680 08/09/2018 KRAUS ASSOCIATES INC 15,781.16 370681 0810912018 AFFORDABLE TRAILER SERVICE AND SUPPLY INC 12,232.00 370682 08/09/2018 C14EMTRADE CHEMICALS CORPORTATION 2,278.53 370683 08/09/201.8 BRUCE SA.BOL 60.00 370684 08/09/2018 FAMILY SUPPORT REGISTRY 9.66 370685 08/09/2018 FORTILINE INC 15,332.00 370686 08109/2018 THE LAW OFFICES OF 290.00 370687 08/09/2018 BERNARD EGAN & COMPANY 3,264.42 370688 08109/2018 AMERITAS 27,458.44 370689 08/09/2018 EAST COAST' VETERINARY SERVICES LLC 38.00 370690 08/09/2018 BRYAN CAVE LLP 49,360.27 370691 08/09/2018 ARROW :INTERNATIONAL 2.760.44 370692 08/09/2018 eMAINT ENTERPRISES LLC 3,060.00 370693 08/09/2018 SKEC14ERS USA INC 31.78 370694 08/09/2018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 370695 08/09/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,980.00 370696 08/09/201.8 JOSEP14 DIZONNO 60.00 370697 08/09/2018 JENNIFER E PROPER 140.00 370698 08/09/2018 CATHEDRAL CORPORATION 53,360.35 370699 08/09/2018 UNIFIRST CORPORATION 754.71 370700 08/09/2018 CDA SOLUTIONS INC 8,394.39 370701 08/09/2018 CDA SOLUTIONS INC 8,940.99 370702 08/09/2018 SCI-I'UMACRERAUTOMOT.IV.E DELRAY LLC 404.22 370703 08/09/2018 SITEONE LANDSCAPE SUPPLY LLC 1,269.84 370704 08109/2018 ADVANCE STORES COMPANY INCORPORATED 537.79 370705 08/09/2018 PATRIOT PRODUCTIONS LLC 250.00 370706 08109/2018 EGP DOCUMENT SOLUTIONS LLC 162.31 370707 08/09/2018 WURTI-1 USA INC 235.47 370708 08109/2018 RUSSELL L OWEN 111 160.00 370709 08/09/2018 EZLINKS GOLF LLC 300.00 370710 08/09/201.8 EASTERN :PIPELINE CONSTRUCTION INC 5,900.00 370711 08/09/2018 EDWARD IL [_IDG'E 110.00 370712 08109/201.8 COLTON PARKER. 120.00 370713 08/0912018 DEBBIE CARSON 100.00 20 TRANS NBR DATE VENDOR AMOUNT 370714 08/09/2018 PEOPLE READY INC 12,701.72 370715 08/092018 ROBERT O RICHARDSON 111 60.00 370716 08/09/2018 EMILY GOUGE 50.00 370717 08/09/2018 COLE AUTO SUPPLY .INC 2,518.58 370718 08/09/2018 JAMES W ENNIS 91.33 37071.9 08/09/2018 KONICA MINOLTA BUSINESS SOLUTIONS 435.76 370720 08/09/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 104.35 370721 08/09/2018 BETH NOLAN 80.00 370722 08/09/2018 SECU:RITAS ELECTRONIC SECURITY INC 101,226.42 370723 08/09/2018 THOMAS R PILIERO 32.00 370724 08/09/2018 WHITT CHENOWITH 60.00 370725 08/09/2018 NESTLE WATERS NORTH AMERICA 72.85 370726 08/09/2018 BOBBY ROGERS PAINTING & PRESSURE 1,900.00 370727 08/09/2018 STUART RUBBER STAMP & SIGN CO INC 89.60 370728 08/09/2018 CORE & MAIN LP 61,965.36 370729 08/09/2018 WOODROW DAWSEY 500.00 370730 08/092018 STEWART MATERIALS LLC 369.11 370731 08/092018 DJD EQUIPMENT HOLDINGS. LLC 889.76 370732 08/09/2018 SACHA VINCENT 100.00 370733 08/09/201.8 OCCIDENTAL FIRE & CASUALTY OF N CAROLINA 16,615.00 370734 08/09/2618 GYRO-TRAC CORPORATION 19,000.00 370735 08/092018 T14ERNELL MILLS 140.00 370736 08/092018 SHAWN MC CLAIN 80.00 370737 08/092018 DIRECT TV 24.99 370738 08/092018 EMPIRE PIPE ORLANDO LLC 382.77 370739 08/092018 CONCRETE CONSERVATION INC 89,210.00 370740 08/092018 FLORIDAARCHEOLOGICAL SERVICES INC 4,495.00 370741 08/09/2018 SARAH .BOWEN 75.00 370742 08/092018 RAMONA MURPHY 51.50 370743 08/09/2018 JOHN BARNHILL 17.66 370744 08/092018 WINNING STRATEGIES MARKETING INC 150.00 370745 08/092018 THE NEW NORMAL SOCIETY INC 150.00 370746 08/092018 VERO BEACH FIRST CHURCH 500.00 370747 08/092018 MARJORIE GORNELL 35.00 370748 08/092018 KRISTIN BRISTOL 133.50 370749 08/09/2018 DONNA ECK 85.00 370750 08/092018 KELLY GOOD 500.00 376751 08/09/2018 JACQUELINE CAMPBELL 29.02 370752 08/09/2018 ALTHEA 1RVING JR 42.51 370753 08/09/2018 LOGMEIN USA INC 1,188.00 370754 08/09/2018 TERESA SIMPSON 60.00 370755 08/092018 TIMOTHY E SIVERLING A 375.07 370756 08/092018 UTIL'REFUNDS 74.39 370757 08/092018 UTIL REFUNDS 47.11 370758 08/092018 UTIL REFUNDS 79.11 370759 08/092018 UTIL REFUNDS 75.49 370760 08/092018 UTIL REFUNDS 43.97 370761 08/092018 UTIL REFUNDS 47.30 370762 08/092018 UTIL REFUNDS 340.79 370763 08/092018 UTIL REFUNDS 1.1.13 370764 08/0912018 UTIL REFUNDS 149.16 370765 08/092018 UTIL REFUNDS 212.57 370766 08/092018 UTIL REFUNDS 65.76 370767 08/092018 UTIL REFUNDS 317.92 370768 08/092018 UTIL REFUNDS 100.00 370769 08/09/2018 UTIL.REFUNDS 45.95 370770 08/092018 UTIL REFUNDS 60.48 370771 08/092018 UTIL REFUNDS 71.27 370772 08/092018 UTIL REFUNDS 70.33 370773 08/09/2018 UTIL REFUNDS 3.62 21 4 r TRAITS NBR DATE VENDOR AMOUNT 370774 08/09/2018 UTIL:REFUNDS 31.30 370775 08/09/2018 UTIL'REFUNDS 102.14 370776 08/09/2018 UTIL REFUNDS 43.83 370777 08/09/2018 UTIL REFUNDS 43.97 370778 08/09/201.8 UTIL REFUNDS 40.33 370779 08/09/201.8 UTILREFUNDS 60.85 370780 08/09/2018 UTIL REFUNDS 73.66 370781 08/09/2018 UTIL REFUNDS 60.51 370782 08/0902018 UTIL REFUNDS 58.35 370783 08/09/2018 UTIL REFUNDS 31.22 370784 08/09/2018 UTIL REFUNDS 27.76 370785 08/09/2018 UTIL.REFUNDS 114.63 370786 08/09/2018 UTIL REFUNDS 81.56 370787 08/0902018 UTIL REFUNDS 340.73 370788 08/09/2018 UTIL REFUNDS 13.78 370789 08/0911018 UTIL REFUNDS 35.78 370790 08/090201.8 UTIL REFUNDS 28.70 370791 08/0902018 UTIL REFUNDS 72.01 370792 08/09/2018 UTIL REFUNDS 48.53 370793 08/09/2018 UTIL REFUNDS 75.72 370794 08/0902018 UTIL REFUNDS 42.88 370795 08/09/2018 UTIL REFUNDS 30.22 370796 08/09/201.8 UTIL REFUNDS 29.26 370797 080090201.8 UTIL REFUNDS 42.88 370798 08/09/2018 UTIL REFUNDS 83,05 Grand Totak 2,282,259.95 22 5 ELECTRO',TIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013652 08106/2018 EVERGLADES FARM EQUIPMENT CO INC 285.84 1013653 08/06/2018 COLKITT SHEET METAL & A/C INC 2,275.00 1013654 08/06/2018 HELENA CHEMICAL 582.99 1013655 08/06/2018 COLD AIR DISTRIBUTORS WAREHOUSE 739.54 1013656 08/06/201.8 SUB AQUATICS INC 337.23 1013657 08/06/2018 DAVES SPORTING GOODS & TROPHIES 152.00 1013658 08/06/2018 APPLE INDUSTRIAL SUPPLY CO 267.56 1013659 08/06/2018 GALLS LLC 6.19.26 1013660 08/06/2018 ALLIED UNIVERSAL CORP 11,470.44 1613661 08/06/2018 IRRIGATION CONSULTANTS UNLIMITED INC 101.43 1013662 08/06/2018 FIRST HOSPITAL LABORATORIES INC 1,128.75 1013663 08/06/2018 COMO OIL COMPANY OF FLORIDA 529.45 1013664 08/06/2018 COMPLETE ELECTRIC INC 235.00 1013665 08/06/2018 MIDWEST MOTOR SUPPLY CO 809.46 1013666 08/06.12018 CONSOLIDATED ELECTRICAL DISTRIBUTORS .INC 5.08 1013667 08/06/2018 WRIGHT FASTENER COMPANY .LLC 324.00 1013668 08/06/2018 COUNTY MATERIALS CORPORATION 6,226.64 1013669 08/07/201.8 AT&T 19,648.50 1013670 08/07/2018 OFFICE DEPOT BSD CUSTOMER SVC 17.01 1013671 08/07/2018 WASTE MANAGEMENT INC 8.513.03 1013672 08/07/2018 COMCAST 212.35 1013673 08/09/2018 COPYCOINC 152.04 1013674 08/09/201.8 MIKES GARAGE & WRECKER SERVICE INC 320.00 10133675 08/09/2018 M.EEKS PLUMBING INC 245.00 1013676 08/0912018 ST LUCIE BATTERY & TIRE CO 788.74 1013677 08/09/2018 SOUTHERN COMPUTER WAREHOUSE 790.76 1013678 08/09/2018 SHRIEVE CHEMICAL CO 4.855.99 1013679 08/09/2018 L&L DISTRIBUTORS 727.76 1013680 08/09/2018 RADWELL INTERNATIONAL INC 221.00 1013681 08/09/2018 PACE ANALYTICAL SERVICES INC 4.400.00 Grand Total: 66,981.85 23 ELECTRONIC PAYMENTS WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6104 08/03/2018 RX BENEFITS INC 391.20 6105 08/03/2018 KIMLEY HORN & ASSOC INC 6,114.75 6106 08/03/2018 CDM SMITH INC 41,247.05. 6107 08/03/2018 CDM SMITH INC 59,596.22 6108 08/03/2018 FL RETIREMENT SYSTEM 611,523.40 6109 08/03/2018 MUTUAL OF OMAHA 16.875.35 6110 08/03/2018 C E R SIGNATURE CLEANING 5,250.00 6111 08/03/2018 VEROTOWN LLC 9,030,00 6112 08/03/2018 FIDELITY SECURITY LIFE :INSURANCE COMPANY 3,128.14 6113 08/06/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,100.00 6114 08/06/2018 1 R C HEALTH INSURANCE -TRUST 89,061.64 6115 08/06/2018 MUTUAL OF OMAHA 1,865.00 6116 08/06/2018 H:IGHMARK STOP LOSS 6.132.28 6117 08/0612018 CHARD SNYDER & ASSOCIATES INC 719.20 6118 08/06/2018 WEST HEALTH ADVOCATE SOLUTIONS INC 2,917.20 6119 08/06/2018 RX BENEFITS INC 251,356.91 6120 08/07/2018 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 49,855.41 6121 08/09/2018 TOTALADMINISTRATIVE SERVICES CORP 10,942.44 Grand Total: 1,178,106.19 24 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk :of Circuit.Court & Comptroller Finance Department 1801 27`h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS .FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R,. SMITH, COMPTROLLER DATE: August 16, 201.8 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 10, 2018.to August 16, 2018 In compliance with Chapter 1.36.06, 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 10, 2018 to August 16, 2018. 25 0 ,. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 370799 08/16/2018 :PORT CONSOLIDATED INC 1,170.28 370800 08/1612018 SPEEDWELL TARGETS 439.25 370801 08/16/2018 JORDAN MOWER INC 530.75 370802 08/1.612018 COMMUNICATIONS INTERNATIONAL 2321.90 370803 08/16/2018 SSES INC 1,666.19 370804 08/1.6/2018 TEN -8 FIRE EQUIPMENT INC 64.87 370805 08/16/2018 FISHER SCIENTIFIC COMPANY LLC 315.32 370806 08/16%2018 VERO CHEMICAL DISTRIBUTORS INC 310.60 370807 08/16/2018 PERERS ENTERPRISES INC 1,044.28 370808 08/16/2018 R.ICOH USA INC 55.48 370809 08/1612018 VELDE FORD :INC 69.94 370810 08/16/2018 SAFETY PRODUCTS INC 516.60 370811 08/16/2018 AT&T WIRELESS 602.17 370812 08/16/2018 DATA FLOW SYSTEMS INC 835.00 370813 08/16/2018 GRAINGER, 160.60 370814 08/16/2018 VERO MARINE CENTER INC 226.69 370815 08/16/2018 REPUBLIC SERVICES INC 481,524.16 370816 08/16/2018 AMERIGAS EAGLE PROPANE LP 938.79 370817 08/16/2018 AMERIGAS EAGLE PROPANE LP 1,594.73 370818 08/16/201.8 AMERIGAS EAGLE PROPANE LP 1,633.08 370819 08/.16/20.18 AMERIGAS EAGLE PROPANE LP 21069.06 370820 08/16/2018 HACH CO 997.69 370821 08/16/2018 LFI FORT PIERCE INC 2,213.01 370822 08/16/2018 FLOWSERVE US INC 1,218.75 370823 08/16/2018 BOUND TREE MEDICAL LLC 2,517.07 370824 08/16/2018 VERO INDUSTRIAL SUPPLY INC 195.97 370825 08/1.6/2018 :DIVE RESCUE INC 516.00 370826 08/16/2018 EXPRESS REEL GRINDING INC 1,100.00 370827 08/16/2018 TIRESOLES OF BROWARD INC 3,032.00 370828 08/16/2018 DELL MARKETING LP 1,521.32 370829 08116/2018 BAKER & TAYLOR INC 2,340.68 370830 08/16/2018 MIDWESTTAPELLC 422.0.1. 370831 08/16/201.8 MICROMARKETING LLC 98.37 370832 08/16/2018 BAKER DISTRIBUTING CO LLC 924.59 370833 08/16/2018 CENGAGE LEARNING INC 150.68 370834 08/16/2018 PALM. TRUCK CENTERS INC 1,251.66 370835 08/16/2018 COMMUNITY ASPHALT CORP 1,779.12 370836 08/16/2018 SUNSHINE REHAB ILATION CENTER OF IRC INC 2,450.00 370837 08/16/2018 RUSTIC DIMENSIONS INC 45.00 370838 08/16/2018 CLERK OF CIRCUIT COURT 1.05.30 370839 08/16/2018 CLERK OF CIRCUIT COURT 4,725.00 370840 08/16/2018 CLERK OF CIRCUIT COURT 829.40 :370841 08/16/2018 CLERK OF CIRCUIT COURT 1,277.80 370842 08/16/2018 CITY OF VERO BEACH 69,703.01 370843 08/16/2018 INDIAN RIVER ALL FAB INC 650.00 370844 08/16/2018 FERGUSON ENTERPRISES INC 17,_565.24 370845 08/16/2018 FERGUSON ENTERPRISES INC 240.00 370846 08/1.6/2018 MARRIOTT FT LAUDERDALE NORTH 402.00 370847 08/16/2018 ROGER CLEVELAND GOLF INC 141.00 370848 08/16/2018 ACUSHNET COMPANY 5,723.93 370849 08/16/2018 DEANGELO.BROTFIERS INC 776.00 370850 08/16/2018 FEDERAL EXPRESS CORP 25.11 370851 08/16/2018 SOUTHEAST DESALTING ASSOCIATION 650.00 370852 08/16/2018 SUBSTANCE AWARENESS COUNCIL OF :IRC INC 5,603,96 370853 08/16/2018 SUBSTANCE AWARENESS COUNCIL OF IRC .INC 9,057.59 370854 08/16/2018 FLORIDA POWER AND LIGHT 42,194.73 370855 08/16/2018 FLORIDA POWER AND LIGHT 4,180.00 370856 08/16/201.8 JAMES GRAY JR 20.40 26 TRANS NBR DATE VENDOR AMOUNT 370857 08/16/2018 THOMAS S LOWT14ER FUNERAL HOME CORP 425.00 370858 08/1.6/2018 PHILLIP J MATSON 106.54 370859 08/1.6/201.8 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7.561.92 370860 08/16/2018 STATE ATTORNEY 8,870.54 370861 08/16/201.8 PEACE RIVER ELECTRIC COOP INC 299.02 370862 08/.16/2018 SASAN ROHANI 380.00 370863 08/16/201.8 TREASURE COAST SPORTS COMMISSION INC 474.45 370864 08/16/201.8 KEVIN OSTHUS 1,621.01 370865 08/16/2018 CHRISTOPHER S STUCKEY 100.00 370866 08/16/2018 MYLES .BROWN 100.00 370867 08/16/2018 HENRY SMITH 60.00 370868 08/16/2018 ALAN C KAUFFMANN 160.00 370869 08/1.6/2018 JOHN BROWN & SONS INC 122450.00 370870 08/16/2018 BRI:DGESTON:EAMERJCAS INC 96.00 370871 08/1.6/2018 LCONOLITE CONTROL PRODUCTS INC 1,113.00 370872 08/16/2018 PERKINS COMPOUNDING PLIARMACY 11.2.52 370873 08/1.6/2018 MICHAEL QUIGLEY 250.00 370874 08/16/201.8 RUSSELL PAYNE INC 321.05 370875 08/16/2018 TRANE US 'INC 288,649.16 370876 08/16/2018 CELICO PARTNERSHIP 144.32 370877 08/16/2018 CINTAS CORPORATION NO 2 217.73 370878 08/16/2018 HIMANSHU ME1.1TA 57.32 370879 08/16/201.8 FASTENAL COMPANY 65.59 370880 08/16/2018 COASTAL TECHNOLOGY CORPORATION 1.6.9.1.1.02 370881 08/161201.8 SOUTHERN JANITOR SUPPLY INC 3,398.00 370882 08/16/2018 M T CAUSLEY INC 17,643.50 370883 08/16/201.8 MBV .ENGINE:ERING INC 7,684.30 370884 08/1.6/2018 MASTELLER & MOLER INC 35,800.00 370885 0811.6/201.8 GLOVER OIL COMPANY INC 80.67 370886 08/16/2018 LARRY STEPH.ENS 60.00 370887 08/16/2018 GE'RELCOM INC 15,396.71 370888 08/16/2018 MICHAEL SCHLITT CONSTRUCTION INC 100.00 370889 08/16/201.8 DAYSPRING 500.00 370890 08/16/2018 RF CONCRETE CONSTRUCTION INC 20,000.00 370891 08/16/2018 FLORIDA SUPERIOR SAND INC 1,162.80 370892 08/16/2018 DIVERSIFIED INSPECTIONS 4,193.40 370893 08/16/2018 JOHNNY B SMITH 340.00 370894 08/16/2018 MOORE MEDICAL. LLC 629.00 370895 08/1612018 STEPHEN GREER 22.00 370896 08/16/2018 CHARLES A WALKER 40.00 370897 08/1.6/2018 GABRI:EL ROEDER SMITH & CO 13,000.00 370898 08116/2018 REDLAN.DS CHRISTIAN MIGRANT ASSOC 5.933.99 370899 08/16/2018 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,000.00 370900 08/16/2018 STREETER. THEORIST & .MARY 450.00 370901 08/16/2018 SEBASTIAN CHARTER JUNIOR HIGH 500.00 370902 08/16/2018 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 150.00 370903 08/16/2018 KNVACKS INC 1,923.89 370904 08116/2018 NICOLACE MARKETING INC 1.753.50 370905 08/16/2018 EQ THE ENVIRONMENTAL QUALITY COMPANY 17,711 20 370906 08/1.6/2018 FEED THE LAMBS ENRICHMENT PROGRAM INC 5.000.00 370907 08/16/2018 SANDYARACENA 120.00 370908 08/16/2018 VERA SMITH 60.00 370909 08/.16/2018 DE LA HOZ BUILDERS INC 39,063.00 370910 08/16/201.8 JANCY PET :BURJA:L SERVICE INC 93.50 370911 08/16/201.8 YOURAQUA INSTRUCTOR LLC 170.00 370912 08/1.6!2018 FLORI DA ARMATURE WORKS INC 1_,845.55 370913 08/16/2018 JOSEPH CATALANO 40.00 370914 08/16/2018 CIT FINANCE.LLC 1.86.21. 370915 08116/2018 XYLEM WATER SOLUTION USA INC 840.00 370916 08/.1.6/2018 ANTOWAIN PERSON 164.13 27 2 TRANS NRR DATE VENDOR AMOUNT 370917 08/16/2018 KEITH GROCHOLL 100.00 370918 08/16/2018 MANCILS TRACTOR SERVICE INC 47,485.08 370919 08/16/2018 PROMATIC INC 1,936.12 370920 08/16/201.8 ALAN JAY CHEVROLET CA.DILLAC 49,909.80 370921 08/16/201.8 FORD GOLF AND SPECIALTIES LLC 2,322.00 370922 08/16/2018 NEXBELT LLC 47.09 .370923 08/1612018 RE'PROGRAPI-11C SOLUTIONS INC 14.82 370924 08116/2018 LOWES HOME CENTERS INC 1.065.32 370925 08/16/2018 ALEX MIKLO 60.00 370926 08/16/2018 TRV ADVERTISING & MARKETING INC 25.12 370927 08/16/2018 BURNETT LIME CO INC 6.354.60 370928 08/16/2018 W&G MAINTENANCE 9,490.00 370929 08/161201.8 STRAIGHT OAK LLC 17.95 370930 08116/2018 SOUTHERN MANAGEMENT LLC 26,375.00 37093.1 08/162018 STEWART & STEVENSON FDDA LLC 2,450.00 370932 08/162018 CHEMTRADE CHEMICALS CORPORTATION 2,282.80 370933 08/16/2018 SUMMIT CONSTRUCTION OF VERO BEACH LLC 49,684.00 370934 08/1.6/2018 BRUCE SABOL 50.00 370935 08/16/2018 BERNARD EGAN & COMPANY 28,930.00 370936 08/16/201.8 NAPIER & ROLLIN P.LLC 910.00 370937 08/16/2018 RONAL'I:) NICHELSON 60.00 370938 08/1612018 MASCHMEYER CONCRETE COMPANY OF FLORIDA 34.98 370939 08116/2018 COBRA GOLF.INCORPORATED 135.69 370940 08/1612018 SYLIVIA.M:ILLER 1,093.00 370941 08/1612018 FLOR.ITURF SOD INC 261.00 370942 08/16/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,447.00 370943 08/16/2018 SCRIPPS NP OPERATING LLC 102.30 370944 08/1612018 SCRIPPS NP OPERATING LLC 143.55 370945 08/16/2018 SCRIPPS NI' OPERATING LLC 326.70 370946 08/16/2018 RONALD RENNICK 495.00 370947 08/16/201.8 UNIFIRST CORPORATION 2.203.91 370948 08/16/2018 JOHNSON-DAVIS INCORPORATED 12,780.00 370949 08/1612018 CDA SOLUTIONS INC 19,659.59 370950 08/16/2018 SITEONE LANDSCAPE SUPPLY LLC 691.08 370951 08/16/2018 GOTTA GO GREEN ENTERPISES INC 221.54 370952 08/16/2018 CENTRAL FLORIDA EXPRESSWAY 2.65 370953 08/16/2018 CENTRAL FLORIDA EXPRESSWAY 1.20 370954 08/1.612018 EGI? DOCUMENT SOLUTIONS LLC 2,101.66 370955 08/16/2018 WURTI-1 USA INC 25.40 370956 08/16/2018 RUSSELL L OWEN .111 40.00 370957 08/1612018 SIEVES FROZEN CHILLERS OF FLORIDA SPACE COAS- 705.00 370958 08/16/2018 EASTERN PIPELINE CONSTRUCTION INC 850.00 370959 08/1612018 EDWARD ILLIDGE 120.00 370960 08/16/2018 COLTON PARKER 160.00 370961 08/1612018 COVERALL NORTH AMERICA INC 2.230.00 370962 08/16/2018 MATHESON TR.I-GAS .INC 3,862.95 370963 08/1612018 PEOPLE READY INC 4,719.36 370964 08/16/2018 EMILY GOUGE 60.00 370965 08116/2018 COLE AUTO SUPPLY INC 1,687.91 370966 0811612018 ALLAN D KELLE'RMAN 13,775.00 370967 08/16/2018 DAY DREAMS UNIFORMS INC 395.86 370968 08/16/2018 THOMAS R PILIERO 24.00 370969 08/16/2018 AQUATIC SYNERGY LLC 760.00 370970 08/16/2018 RELX .INC 50.00 370971 08/16/2018 ENVI RONM ENTAL OPERATING SOLUSTIONS INC 8,237.58 370972 08/16/2018 CALVIN GIORDANO & ASSOCIATES INC 13,706.25 370973 08/16/2018 STUART RUBBER STAMP & SIGN CO INC 10.52 370974 08/16/2018 VEOLIA WATER TECHNOLOGIES INC 21.189.04 370975 08/16/201.8 CORE: & MAIN .LP 6,954.56 370976 08/16/2018 PACIFIC RfM VENTURES INC 650.97 28 TRANS NBR DATE VENDOR AMOUNT 370977 08/16/2018 GLOBAL TRACKING COMMUNICATIONS LLC 575.76 370978 08/1.62018 ADVANTAGE GOLF CARS INC 24.84 370979 08/16/2018 GOMEZ BROTHERS IRRIGATION LLC 81.0.00 370980 08/16/2018 WOERNTERAGRIBUSIN;ESS LLC 293.00 370981 08/162018 ABISCOM :INC 4334.92 370982 08/1.6/2018 TYKES & TEENS INC 6,258.00 370983 08/16/2018 STEPHEN STONE 100.00 370984 08/16/2018 JOSEPH LORINO 120.00 370985 08/1.6/201.8 SHAWN MC CLAM 60.00 370986 08/16/2018 COASTAL WATERWAYS DESIGN & ENGINEERING :LLC 5,547.00 370987 08/16/2018 TAY :LORANNE HAITON 800.00 370988 08/16/2018 Al ASSETS INC 4,749.97 370989 08/16/2018 PICKLEBALL UNIVERSITY INC 564.00 370990 08/16/2018 AMERICAN JANITORIAL INC 3,050.74 370991 08/1.6/20.18 EASTERN FLORIDA STATE COLLEGE 6,500.00 :3709.92 08/16/2018 GRANICUS INC 1,200.00 370993 08/16/2018 RICHARD HALL 183.50 370994 08/162018 SARAH BOWEN 100.00 370995 08/16/2018 RAMONA, MURPHY' 30;50 370996 08/16/2018 WEXFORD FULFILLMENT SOLUTIONS LLC 308.38 370997 08/16/2018 BLOOPRINT.MANAGEMENT INC 200100- 00A0370998 370998 08/162018 VANESSA ADAMS 150.00 3709.99 08/16/2018 GLOBAL TRACK & FIELD ASSOCIATION INC 1,000.00 371000 08/16/20.18 JOE PORTER. 75.00 371001 08/16/2018 ROBERT MOUSER 6095 371002 08/16/2018 ANGELICA RAYA 53.40 371003 08/16/2018 AMANDAKUNDR,OT 53.40 371004 08/16/2018 IRC MOSQUITO CONTROL DISTRICT 6,820.70 Grand Total: 1,614,944.68 29 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NUR DATE VENDOR AMOUNT 1.013682 08/10/2018 OFFICE DEPOT BSD CUSTOMER SVC 3.392.84 1013683 08/1.0/2018 COMCAST 65.89 1013684 08/13%2018 EVERGLADES FARM EQUIPMENT CO INC 231.05 1013685 08/13/2018 COLD AIR DISTRIBUTORS_ WAREHOUSE 267.08 1.013686 08/13/2018 INDIAN RIVER BATTERY 2.112.30 1013687 08/13/2018 INDIAN RIVER OXYGEN INC 142.00 1013688 08/13/2018 DEMCOINC 675.57 1013689 08/13/2018 DAVES SPORTING GOODS & TROPHIES 1.81.5.85 1013690 08/1312018 APPLE INDUSTRIAL SUPPLY CO 74.84 1013691 08/13/2018 SMITH BROTHERS CONTRACTING EQUIP 258.21 1013692 08/13/2018 GALLS LLC 732.20 1013693 08/13/2018 ALLIED UNIVERSAL CORP 5.020.83 1013694 08/13/2018 IRRIGATION CONSULTANTS UNLIMITED INC 319.45 1013695 08/13/2018 GROVE WELDERS INC 1,387.02 101.3696 08/13/2018 FIRST HOSPITAL LABORATORIES INC 32.25 1013697 08/13/2018 APPLE MACHINE & SUPPLY CO 2.612.55 1013698 08/13/2018 COMO OIL COMPANY OF FLORIDA 456.47 1013699 08/13/2018 COMPLETE ELECTRIC INC 95.00 1.013700 08/13/2018 GREAT SOUTHERN EQUIPMENT CO 262.64 1013701 08/.13/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 239.40 1013702 08/1.3/2018 HYDRA SERVICE (S) INC 20,619.00 1013703 08/.13/2018 FILTRATION GROUP CORPORATION 125.40 1013704 08/14./2018 WASTE MANAGEMENT INC 3,249.65 1013705 08/15/20.18 COPYCOINC 322.4.1 1013706 08/15/2018 NORTH SOUTH SUPPLY INC 376.35 1013707 08/15/2018 MIKES GARAGE & WRECKER SERVICE INC 320.00 1013708 08/15/2018 MEEKS PLUMBING INC 245.00 1013709 08/15/2018 ST LUCIE BATTERY & TIRE CO 788.74 1013710 08/15/2018 WORLD INDUSTRIAL EQUIPMENT INC 120.00 1013711 08/.15/2018 SOUTHERN COMPUTER WAREHOUSE 790.76 1013712 08/15/2018 PERKINS INDIAN RIVER PHARMACY 120.00 1013713 08/1512018 SOUTHERN PLUMBING INC 198.00 1013714 08/151201.8 SM. EVE CHEMICAL CO 7,258.74 101.3715 08/75/2018 I.&LDISTRIBUTORS 727.76 1013716 08/15/2018 PIONEER MANUFACTURING 957.00 1013717 08/15/2018 RADWELL INTERNATIONAL INC 221.00 1013718 08/15/2018 PACE ANALYTICAL SERVICES INC 7.898.00 1013719 08/15/2018 NEXAI.R LLC 755.55 1013720 08/1512018 BRIDGESTONE GOLF INC 2.763.83 Grand Total: 68,050.63 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6122 08110/2018 KI:MLEY HORN & .ASSOC INC 10,128.67 6123 08/10/2018 TRC FIRE FIGIfifERS ASSOC 9;628:80 6124 08/10/201.8 BLUE CROSS & BLUE SHIELD OF .FLORIDA INC 100.00 6.125 08/10/20.18 IRC CHAMBER. OF COMMERCE 7,462.31 6126 08/10/2018 IRC CHAMBER OF COMMERCE 63050:75 6127 08/10/2018 NA'T'IONWIDE SOLUTIONS'RETIREMENT INC 4,084,69 6.128 08130%2018 NATIONWIDE SOLUTIONS RETIREMENT INC 53.259.69 6129 08/10/2018 WRIGHT EXPRESS FSC 22,418.52 61.30 08/10/2018 HIG14MARK STOPLOSS 50.68 6131 08/10/2018 .1 R C HEALTH 'INSURANCE - TRUST 1,676.82 6,132 08/13/2018 FL SDU 6,183.45 6133 08/13/2018 VETERANS COUNCIL OF 1. R C 5,704.20 61.34 08/13/2018 IRS -PAYROLL TAXES 403.667.50 6135 08/14/2018 FLORIDA DEPARTMENT OF'REVENTUE 1.858.84 6136 08/14/2018 FLORIDA DEPARTMENT OF REVENUE 9,117.42 6137 08/14/201.8 FLORIDA DEPARTMENT OF REVENUE 4,439.05 6138 08114/2018 FLORIDA DEPARTMENT OF REVENUE 1,.900.80 6139 08/16/2018 PR.OFESSIONALTITLE 10,000.00. 6140 08/16/2018 IRS -PAYROLL TAXES 9,999.43 6141 08/16/2018 ALLEN FALK PA 15,000.00 Grand Total: 582,731.62 31 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 . TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM.: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 23, 201.8 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 17, 2018 to August 23, 2018 In compliance Arith 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 17, 2018 to August 23, 2018. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 371005 08/23/2018 UTIL REFUNDS 37.34 371006 08/23/2018 UTIL REFUNDS 56.38 37.1007 08/23/2018 UTIL REFUNDS 56.83 371008 08/23/2018 UTIL REFUNDS 34.24 371009 08/23/201.8 UTIL REFUNDS 67.08 371010 08/23/2018 UTIL REFUNDS 37.40 371011 08/23/2018 UTIL REFUNDS 70.75 371012 08/23/2018 UTIL REFUNDS 67.08 371013 08/23/2018 UTIL REFUNDS 167.75 .371014 08/23/2018 UTIL REFUNDS 73.12 37101.5 08/23/2018 UTIL REFUNDS 19.29 371016 08/23/2018 UTIL REFUNDS 22.17 371017 08/23/2018 UTIL REFUNDS 15.35 371018 08/23/2018 UTIL REFUNDS 37.11 371019 08/23/2018 UTIL REFUNDS 76.73 371020 08/23/2018 UTIL REFUNDS 7832 371021 08/23/2018 UTIL REFUNDS 43.69 371022 08/23/2018 UTIL REFUNDS 135.75 371023 08/23/2018 UTIL REFUNDS 74.38 371024 08/23/2018 UTIL REFUNDS 63.40 371025 08/23/2018 UTIL REFUNDS 38.49 371026 08/23/2018 UTIL REFUNDS 30.31 371027 08/23/2018 UTIL REFUNDS 35.18 371028 08/23/2018 UTIL REFUNDS 47.16 371029 08/23/2018 UTIL REFUNDS 46.88 371030 08/23/2018 UTIL REFUNDS 20.82 371031 08/23/2018 UTIL REFUNDS 7.54 371032 08/23/2018 UTIL REFUNDS 72.16 371033 08/23/2018 UTIL REFUNDS 2.35 371034 08/23/2018 UTIL REFUNDS 35.06 371035 08/23/2018 UTIL REFUNDS 67.91 371036 08/23/2018 UTIL REFUNDS 70.75 371037 08/230-01.8 UTIL REFUNDS 85.61 371.038 08/23/2018 UTIL REFUNDS 55.76 371039 08/23/2018 UTIL REFUNDS 44.24 371040 08/23/2018 UTIL REFUNDS 63.65 371041 08/23/2018 UTIL REFUNDS 66.80 371042 08/23/2018 UTIL REFUNDS 32.19 371043 08/23/2018 UTIL REFUNDS 75.79 371044 08/23/20.1.8 UTIL REFUNDS 35.61 371045 08/23/201.8 UTIL REFUNDS 37.09 371046 08/23/2018 UTIL REFUNDS 82.28 371047 08/23/2018 UTIL REFUNDS 40.41 371048 08/23/2018 UTIL REFUNDS 53.98 371049 08/23/2018 UTIL REFUNDS 70.49 371050 08/23/2018 UTIL REFUNDS 94.01. 371051 08/23/2018 UTIL REFUNDS 72.32 371052 08/23/2018 UTIL REFUNDS 43.43 371053 08/23/2018 PORT CONSOLIDATED INC 5,265.36 371054 08/23/2018 FIRE EQUIPMENT SVC OF ST LUCIE INC 200.00 371055 08/23/201.8 JORDAN MOWER INC 525.40 371056 08/23/2018 COMMUNICATIONS INTERNATIONAL 3,431.20 371057 08/23/2018 SSSS INC 1,029.29 371.058 08/23/2018 TEN -8 FIRE EQUIPMENT INC 31140.48 37:1.059 08/23/2018 RANGER CONSTRUCTION IND INC 286.13 371060 08/23/2018 VERO CHEMICAL DISTRIBUTORS .INC 853.40 371061 08/23/.2018 RICOH USA INC 100.72 371062 08/23/2018 RICOH USA INC 1.8.92 33 TRANS NBR DATE VENDOR AMOUNT 371.063 08/23/2018 CHISHOLM CORP OF VERO 3,987.19 371064 08/23/2018 VELDE FORD INC 192.45 371065 08/23/2018 AT&T WIRELESS 1,724.81 371066 08/23/2018 DATA FLOW SYSTEMS INC 5,898.18 371067 08/23/2018 DELTA SUPPLY CO 603.36 371068 08/23/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 1.04.94 371069 08/23/2018 KELLY TRACTOR CO 459.08 371070 08/23/2018 GRAYBAR ELECTRIC 39.:11 371071 08/23/2018 GAYLORD BROTHERS INC 55.:16 371072 08/23%2018 HACH CO 3.474.98 371073 08/23/2018 LFI FORT PIERCE INC 9.032.04 371074 08/23/2018 CLIFF BERRY INC 826.50 371075 08/23/2018 BOUND TREE MEDICAL LLC 1,712.44 371076 08/23/2018 SCHULKE BITTLE & STODDARD LLC 2,009.61 37.1077 08/23/2018 PETES CONCRETE 3,650.00 371078 08/23/2018 ECOTECH CONSULTANTS.INC 2,667.00 371.079 08/23/2018 BRISTER SIGNS INC 1,100.00 371080 08/23/2018 DIVE RESCUE INC 6,075.00 371081. 08/23/2018 EXPRESS REEL GRINDING INC 3,500.00 371082 08123/2018 CARTER ASSOCIATES INC 4,110.00 371083 08/2312018 CHILDCARE RESOURCES OF IRC INC 21,831.11 371084 08/23/2018 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 600.00 371085 08/23/2018 DELL MARKETING LP 14,596.40 371086 08/23/2018 THE GOODYEAR TIRE & RUBBER COMPANY 60.00 371087 08/23/2018 BAKER & TAYLOR INC 2,646.41 371088 08/23/2018 BARNEYS PUMP INC 46,190.00 371089 08/23/2018 MIDWEST TAPE LLC 1.915.00 371090 08123/2018 MWI CORP 3,62031 371091 08/23/2018 MICROMARKETING LLC 662.27 371.092 08/23/2018 CENGAGE LEARNING INC 83.98 371093 08/23/2018 PALM TRUCK CENTERS INC 4,980.85 371094 08/23/2018 JIMMYS AIR & REFRIGERATION INC 2,656.34 371095 08/23/2018 GO COASTAL INC 59.90 371096 08/23/2018 COMMUNITY ASPHALT CORP 270,226.04 371097 08/23/2018 SUNS14INE REHABILATION CENTER OF IRC INC 1.5.00 371098 08/23/2018 RIVER PARK ASSOCIATES LIMITED 250.00 371099 08/23/2018 CITY OF VERO BEACH 77,231.93 371100 08/23/2018 CHAPTER 13 TRUSTEE 201.08 371101 08/23/2018 UNITED WAY OF INDIAN RIVER COUNTY 576.00 371102 08123/2018 INDIAN RIVER ALL FAB INC 350.00 371103 08/23/2018 JANITORIAL DEPOT OF AMERICA INC 479.40 371104 08/23/2018 TREASURE COAST HOMELESS SERVICES 5.284.56 371105 08/23/2018 FLORIDA DEPT OF EDUCATION 30636 371106 08/23/2018 HUMANE SOCIETY 21,900.00 371107 08/23/2018 PUBLIX SUPERMARKETS 1.15.12 371108 08/23/2018 WAL MART STORES EAST LP 92.84 371109 08/23/2018 MARRIOTT FT LAUDERDALE NORTH 224.00 371.110 08/23/2018 MARRIOTT FT LAUDERDALE NORTH 268.00 371111 08/23/2018 CULTURAL COUNCIL OF IRC 16,511.50 371112 08/23/2018 FLORIDA WATER & POLLUTION CONTROL 30.00 371113 08/23/2618 WINDSOR PROPERTIES, INC 451.85 371114 08/23/2018 RIVERFRONT HOTEL LLC 537.00 371115 08123/201.8 LITTER GITTE.R INC 43.20 371116 08/23/2018 MORGAN & EKLUND INC 51775.00 371117 08/23/2018 TIMOTHY .ROSE CONTRACTING INC 426.534.04 371118 08/23/2018 FLORIDA POWER AND LIGHT 94.925.18 371119 08/23/2018 PUBLIC DEFENDER 3,217.72 371120 08/23/2018 BRE-CLEARWATER OWNER LLC 426.00 371121 08/23/2018 CITY OF FELLSMERE 166.86 37.1122 08/23/2018 NEW HORIZONS OF THE TREASURE COAST 25,127.50 2 34 TRANS NBR DATE VENDOR AMOUNT 371123 0823/2018 CONTRACT SERVICE ENTERPRISES INC 7,072.00 371124 08/23/2018 SUNSHINE STATE ONE CALL OF ,FL INC 1,007.83 371125 08/23/2018 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,758.54 371126 08/23/2018 LANGUAGE LINE SERVICES INC 125.63 371127 08/23/2018 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 371128 08/23/2018 GREY 14OUSE PUBLISHING 295.70 371129 08/23/2018 GIFFORD COMMUNITY CENTER 1,413.09 371130 08/23/2018 ALAN C KAUFFMANN 160.00 371131 08/23/201.8 NEXTRA.N CORPORATION 157.27 371132 08/23/2018 JOHN BROWN & SONS INC 20,870.00 371133 08/23/2018 CHI.LDRENS HOME SOCIETY OF FL 2,000.00 371134 08/23/2018 PINNACLE GROVE LTD 500.00 371135 08/23/2018 VERO CLUB PARTNERS LTD 1,618.00 371136 08/23!2018 STAN BOLING 440.00 37.1137 08/23/2018 MICHAEL QUIGLEY 90.00 371138 08/23/2018 RUSSELL PAYNE INC 333.70 371139 08/23/201.8 CELICO PARTNERSHIP 3,181.46 371140 0823/2018 ANIXTER INC 488.75 371141 08/23/2018 FLORIDA DEPT OF JUVENILE JUSTICE 25,476.00 371142 08/23/201.8 VAN WAL INC 10.00 371143 08/23/2018 TRAFFIC CONTROL DEVICES INC 175,108.19 371144 08/23/2018 SYNAG'RO-W WT INC 55,449.21 371145 08/23/201.8 FLORIDA FLOODPLAIN MANAGERS ASSOC 150.00 371146 08!23/2018 FLORIDA RURAL LEGAL SERVICES INC 2,280.18 371147 08/23/2018 SOUTHERN JANITOR SUPPLY INC 944.60 371148 08/23/2018 OCLC ONLINE COMPUTER LIBRARY CENTER. 453.03 371149 08123/2018 MBV ENGINEERING INC 11,275.00 371150 08/23/2018 MICHAEL ZITO 243.75 371151 08/23/2018 MASTELL.ER & MO.LER INC 46,723.20 371152 08/23/2018 STAPLES CONTRACT & COMMERCIAL INC 275.12 371153 08232018 GLOVER OIL COMPANY INC 139,920.73 371154 08/23/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 294.99 371155 08/23/2018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 298.99 371156 08/232018 ADMIN FOR CHILD SUPPORT ENFORCEMENT 166.83 371157 08/23/2018 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,118.89 371158 08232018 MATTHEW :DODDS 893.63 371159 08232018 AMERICAN WATER WORKS,ASSOCIAT.ION 137.00 371160 0823/2018 SUNCOAST REALTY & RENTAL MGMT LLC 307.00 371161 08/23/2018 JOHNNY B SMITH 120.00 371162 0823/2018 CHARLES A WALKER 100.00 371163 0823/2018 FISHER & PHILLIPS LLP 424.00 371164 08/23/2018 ALAN LEE SMEYNE 38.95 371165 0823/2018 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 1.00.00 371166 08232018 CEMEX 1.449.00 371167 0823/2018 REDLANDSCHRISTIAN.MIGRANT ASSOC 31447.26 371168 08/23/2018 ROEL RODR.IGUEZ 100.00 371.169 08/232018 FLEETBOSS G P S INC. 599.40 371170 08/232018 KWACKS INC 660.00 371171 08/23/2018 YOUTH GUIDANCE DONATION FUND 2,083.33 371172 08232018 NICOLE MONROE 53.40 371173 0823/2018 NICO.LACE MARKETING INC 2,876.00 371174 08/23/2018 POVTELL, GLENN 2,680.89 371.175 0823/201.8 T C ENTERPRISE 9,600.00 371176 0823/2018 WI-iM LLC 622.30 371177 0823/20/8 SANDY ARACENA 120.00 371178 08232018 HELPING ANIMALS LIVE -OVERCOME 50.00 371.179 08/232018 WEST CONSTRUCTION .INC 116,593.56 371180 0823/2018 BRENNTAG MID -SOUTH INC 13,625.26 371181 08/23/2018 CREATIVE POWER SOLUTIONS INC 575.00 371182 08/23/2018 ATLANTIC COASTAL LAND TITLE CO LLC 125.00 35 TRANS NBR DATE VENDOR AMOUNT 371.183 08/23/2018 TREASURE COAST MOTOR CYCLE CENTER INC 336.80 371184 0812312018 ECMC 282.67 371185 08/23/2018 YOUR AQUA INSTRUCTOR LLC 170.00 371186 08/23/2018 FLORIDA ARMATURE WORKS INC 3,937.76 371187 08/23/2018 MONICA L FOLK 2,500.00 371188 08/23/2018 SYN -TECH SYSTEMS INC 825.00 371189 08/23/2018 JOSEPH CATALANO 40.00 371190 08/23/2018 AUTO.MATIONDIRECT.COM INC 978.00 371191 08/23/2018 THOMAS DINAPOLI 199.30 371192 08/23/2018 MHC OPERATING LIMITED PARTNERSHIP 437.67 371193 08/23/2018 KEITH GROCHOLL 60.00 371194 08/23/2018 PROMATIC INC 343.40 371195 08/23/2018 PROMATIC INC 385.60 371196 08/23/2018 ALAN JAY CHEVROLET CADILLAC 22,301.00 37.1197 08/23/2018 GFA INTERNATIONAL :INC 15.923.25 371198 08/23/2018 CLEAN SWEEP &: VAC LLC 6,206.00 371199 08/23/2018 REPROGRAPHIC SOLUTIONS INC 29.64 371200 08123/2018 LOWES HOME CENTERS INC 1,411.67 371201 08/23/2018 RAFTELIS FINANCIAL CONSULTANTS INC 9,336.85 371202 08/23/2018 CARDINAL HEALTH 110 INC 1.248.84 371203 0812312018 ALEX MIKLO 60.00 371204 08/23/2018 TRV ADVERTISING & MARKETING INC 10.38 371205 08/23/2018 BURNETT LIME CO INC 3,162.60 371206 08/23/2018 TREASURE COAST TURF INC 300.00 371207 08/23/2018 PENGUIN RANDOM HOUSE LLC 138.75 371208 08/23/2018 STRAIGHT OAK LLC 669.88 371209 08/23/2018 DEBORAH CUEVAS 60.00 371210 08123/2018 BSN SPORTS INC 519.98 371211 08/23/2018 COLONIAL HEIGHTS ACQUISITION LP 500.00 371212 08/23/2018 BRUCE SABOL 50.00 3712.13 08/23/201.8 FAMILY SUPPORT REGISTRY 9.66 371214 08/23/2018 MARKETING SPECIALTIES OF GEORGIA LLC 91.4.10 371215 08/23/2018 BERNARD EGAN & COMPANY 8.386.50 371216 08/23/2018 C14ADAIICK PRESTON SMA:LLEY 1.468.00 371217 O8123I2018 RONALD NICHELSON 60.00 371218 08/23/2018 HAWKINS INC 1,464.50 371219 08/23/2018 THE TRANSIT GROUP INC 4,860.18 371220 08/2312018 COSTELLO BROTHERS MARINE CONSTRUCTION INC 2,500.00 371221 08/23/2018 COSTELLO BROTHERS MARINE CONSTRUCTION INC 16._846.98 371222 08/23/2018 SCRIPPS NP OPERATING LLC 224.25 371223 08/23/2018 SCRIPPS NP OPERATING LLC 441.85 371224 08/23/2018 SCRIPPS NP OPERATING LLC 814.1.0 371225 08/23/2018 JOSEPH DIZONNO 120.00 371226 08/2312018 UNI:FIRST CORPORATION 1,143.26 371227 08/23/2018 JOHNSON-DAVIS INCORPORATED 7.520.00 371228 08/23/2018 SCHUMACHER AUTOMOTIVE D:ELRAY LLC 50.46 371229 08/23/2018 GOTTA GO GREEN ENTERPISES INC 59.27 371230 08/23/2018 ADVANCE STORES COMPANY INCORPORATED 53537 371231 08/23/2018 DENISE GILLESP.IE 40.00 371232 08/23/2018 EGP DOCUMENT SOLUTIONS LLC 1._494.95 371233 08/23/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 371234 08/23/2018 RUSSELLI, OWEN I11 100.00 371235 08/23/2018 SIEVES FROZEN CHILLERS OF FLORIDA SPACE CORS" 288.00 371236 08/23/2018 ICON SUPPLY INC 4,220.00 371237 08/23/2018 DARREN COLE 116.29 371238 08/23/2018 EDWARD I:LLI:DGE 120.00 371239 08/23/2018 CDW LLC 789.34 371240 08/23/2018 MATHESON TRI -GAS INC 3.609.45 371241 08/23/2018 PEOPLE READY INC 21,532.08 371242 08/23/2018 EMILY GOUGE 60.00 36 TRANS NBR DATE VENDOR AMOUNT 371243 08/23/2018 WILLIS SPORTS ASSOCIATION INC 1,392.80 371244 08/23/2018 COLE AUTO SUPPLY INC 1,662.91 371245 08/23/2018 RHOADES AIR & HEAT 15,337.00 371246 08/23/2018 MCLAUGHLIN PROPERTIES LLC 497.00 371247 08/23/2018 KONICA MINOLTA BUSINESS SOLUTIONS 608.04 371248 08/23/2018 NORTH CAROLINA DEPARTMENT OF REVENUE 10435 371249 08/23/2018 BETH NOLAN 100.00 371250 08/23/2018 ALLAN D KELLERMAN 14,175.00 371251 08/23/2018 THOMAS R P1LIER0 36.00 371252 08/23/2018 AQUATIC SYNERGY LLC 70.00 371253 08/23/2018 ENVIRONMENTAL OPERATING SOLUTION INC 8,072.90 371254 08/23/2018 CORE & MAIN LP 19.698.58 371255 08/23/2018 STEWART MATERIALS LLC 775.51 371256 08/23/2018 GOMEZ BROTHERS .IRRIGATION LLC 690.00 371257 08/23/2018 WOERNER AGRIBUSINESS LLC 853.00 371258 08/23/2018 DJD EQUIPMENT HOLDINGS LLC 497.28 371259 08/23/2018 CECO ENVIRONMENTAL 21,447.00 371260 08/23/2018 BOTTOMS UP BEVERAGE OF FLORIDA LLC 4,536.00 371261 08/23/2018 FOUR LAKES POA 150.00 371262 08/23/2018 STEPHEN STONE 120.00 371263 08/23/2018 JOSEPH LORINO 60.00 371264 08/23/2018 BEST VERSION MEDIA LLC 244.00 371265 08/23/2018 SHAWN MC CLAIN 60.00 371266 08/23/2018 CONCORDANCE HEALTHCARE SOLUTIONS LLC 1,043.65 371267 08/23/2018 RAMONA MURPHY 18.50 371268 08/23/2018 KELLY LOVE 150.00 371269 08/23/201.8 MARY GIVENS 250.00 371270 08/23/2018 THE FENCE CO OF S FL INC 75.00 371271 08/23/2018 BRIONNAH WILLIAMS 112.14 371272 08/23/2018 PAPICO CONSTRUCTION INC 250.00 371273 08/23/2018 RICHARD BLAKE 1.787.26 371274 08/23/201.8 MARCOS DEFREITAS 503.33 3712.75 08/23/2018 ELLI.S KELLY 40.00 371276 08/23/2018 KIMBERLY MONTO 150.00 371277 08/23/2018 MUKTJEEVAN LLC 1,230.36 371278 08/23/2018 CHAD NICHOLS 19.23 371279 08/23/2018 PENNY WHITTINGTON 79.92 371280 08/23/2018 KATHA VALENCE 893.63 371281 08/23/2018 LAGOON HOUSE LLC 893.63 371282 08/23/2018 JASON REDMAN 35.00 371283 08/23/2018 GAIL HEINBOCKEL 10.00 371284 08/23/2018 JO.RGENSEN CONTRACT SERVICES LLC 2,053.53 371285 08/23/2018 THALLE CONSTRUCTION CO INC 275,850.00 371286 08/23/2018 VERONIQUE ORY STURIALE 30.00 371287 08/23/2018 ANNE SACHS 25.00 37.1288 08/23/2018 FL FIREFIGHTERS SAFETY & HEALTH COLLABORATI V 300.00 371289 08/23/2018 COMPLETE CONSTRUCTION & DESIGN LLC 8,650.00 371290 08/23/2018 UTIL REFUNDS 69.96 371291 08/23/2018 UTIL REFUNDS 88.57 371292 08/23/2018 UTIL REFUNDS 49.08 371293 08/23/2018 UTIL REFUNDS 43.71 371294 08/23/2018 UTIL REFUNDS 10.23 371295 08/23/2018 UTIL REFUNDS 19.23 371296 08/23/2018 UTIL REFUNDS 114.27 371297 08/23/2018 UTII. REFUNDS 82.44 371298 08/23/2018 UTIL REFUNDS 45.95 371299 08/23/2018 UTIL REFUNDS 53.48 371300 08/23/2018 UTIL REFUNDS 48.73 371301 08/23/2018 UTIL REFUNDS 76.1.2 371302 08/23/2018 UTIL REFUNDS 25.61 37 TRANS NBR DATE VENDOR AMOUNT 371303 08/23/2018 UTIL REFUNDS 74.70 371304 08/23/2018 UTIL REFUNDS 183.05 371305 08/23/2018 UTIL REFUNDS 42.89 371306 08/23/2018. UTI.L.REFUNDS 32.74 371307 08/23/2018 UTIL REFUNDS 35.74 371308 08/23/2018 UTIL REFUNDS 25.16 371309 08/23/2018 UTILREFUNDS 45.89 371310 08/23/2018 UTIL REFUNDS 60.55 371311 08/23/2018 UTIL REFUNDS 35.23 371312 08/23/2018 UTIL REFUNDS 81.64 371313 08/23/2018 UTIL REFUNDS 38.36 371314 08/23/2018 UTIL REFUNDS 48.10 371315 08/23/2018 UTIL REFUNDS 242.02 371316 08/23/2018 UTIL REFUNDS 41:89 371317 08/23/2018 UTIL REFUNDS 44.66 371318 08/23/2018 UTIL REFUNDS 270.47 371319 08/23/2018 UTIL REFUNDS 23.89 371320 08/23/2018 UTIL REFUNDS 60.55 371321 08/23/2018 UTIL REFUNDS 108.80 371322 08/23/2018 UTIL REFUNDS 43.28 371323 08/23/201.8 UTIL, REFUNDS 43.28 3.71324 08/23/2018 UTIL REFUNDS 51.58 371325 08/23/2018 UTIL REFUNDS 49.07 371326 08/23/201.8 UTIL REFUNDS 34.87 371327 08/23/2018 UTIL REFUNDS 26.26 371328 08/23/2018 UTIL REFUNDS 36.02 371329 08/23/201.8 UTIL REFUNDS 46.16 371330 08/23/2018 UTH, .REFUNDS 87.86 371331 08/23/2018 UT1.L REFUNDS 56.51 371332 08/23/2018 UTIL REFUNDS 23.54 Grand Total: 2,330,581.91 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6142 .08/17/201.8 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,700.00 6143 08/17/2018 I R C HEALTH.INSURANCE -.TRUST 87,1.92.34 6144 08/17/2018 FIRST AMERICAN TITLE INSURANCE CO 15,000.00 61.45 08/17/2018 SCHOOL DISTRICT OF I R COUNTY 194,250.00 6146 08/17/2018 MUTUAL OF OMAHA 1;875.33 6147 08/17/2018 HIGHMARK STOP LOSS 5,929.56 6.148 08/17/2018 C E R SIGNATURE CLEANING 3,680.00 6149 08/17/2018 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 52,569.45: 6150 08/17/2018 CHARD SNYDER & ASSOCIATES INC 93.60 6151 08/20/2018 RX BENEFITS INC 205:922.50 6152 08/20/2018 VEROTOWN LLC 22.022.77 Grand Totak 600,235.55 39 1 ELECTRONIC PAYMENT - VISA CARD TRANS. NRR :DATE VENDOR AMOUNT 1013721 08/17/201.8 AT&T 1,104.57 1013722 08/17/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,564.:18 1013723 08/1.712018 COMCAST 216.22 1013724 08/20/2018 EVERGLADES FARM EQUIPMENT CO INC 1,023.01 1013725 08/20/2018 COL.KITT SHEET METAL & A/C INC 99.95 1013726 08/20/2018 INDIAN RIVER BATTERY 306.90 1013727 08/20/2018 INDIAN RIVER OXYGEN INC 1.951.50 1013728 08/20/2018 MIKES GARAGE & WRECKER SERVICE INC 55.00 1013729 08/20/2018 GALLS LLC 118.35 1013730 08/20/2018 ALLIED UNIVERSAL CORP 7,562.63 1013731 08/20/201.8 COMO OIL COMPANY OF FLORIDA 602.35 1013732 08/20/2018 COMPLETE ELECTRIC INC 410.00 1013733 08/20/2018 BARKER ELECTRIC, AIR CONDITIONING 9,950.00 1013734 08/20/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,452.84 101.3735 08/20/2018 HYDRA SERVICE (S) INC 4,494.00 1013736 08/21/2018 AT&T 2,655.53 1013737 08121/2018 OFFICE DEPOT BSD CUSTOMER SVC 2,088.97 1013738 08/21/2018 WASTE MANAGEMENT INC 9.562.78 1013739 08/21/2018 COMCAST 84.90 1013740 08/23/2018 PARKS RENTAL & SALES INC 500.15 1013741 08/23/2018 ROBINSON EQUIPMENT COMPANY INC 74.94 1013742 08/23/2018 COPYCOINC 304.69 1013743 08/23/2018 MIKES GARAGE & WRECKER SERVICE INC 55.00 1013744 0823/2018 MEEKS PLUMBING INC 250.00 1013745 08/23/2018 RECORDED BOOKS LLC 18.1.20 1013746 08/23/2018 SOUTHERN COMPUTER WAREHOUSE 1,009.48 1013747 08/23/201.8 PRIDE ENTERPRISES 98.85 1013748 08/23/201.8 SOUTHERN PLUMBING INC 1,726.00 1013749 08/23/2018 MIDWEST MOTOR SUPPLY CO 656.61 1013750 08%23/2018 RECHTIEN INTERNATIONAL TRUCKS 328.15 1013751 08/23/2018 SIMS CRANE & EQUIPMENT CO 1,198.40 1013752 08/23/2018 L&L DISTRIBUTORS 1,131.65 1013753 08/23/2018 STAT MEDICAL DISPOSAL INC 655.00 10:13754 08/23/2018 PACE ANALYTICAL SERVICES INC 41191.97 1013755 08/23/2018 TIGHT LINE PRODUCTIONS INC 850.00 1013756 08/23/2018 NEXAIR LLC 1.230.36 Grand Total: 59,746.13 40 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court. &. Comptroller. Finance Department 1801 27'b Street. Vero Beach., FL 32960 compTR \ ,�gyR'LfR COUN��� a TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 30, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 24, 2018 to August 30, 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 24, 2018 to August 30, 2018. 41 CHECKS WRITTEN TRAMS .NBR DATE VENDOR AMOUNT 371333 08/27/2018 PAUL CARONE 3,596.00 371334 08/27/2018 WILLIE C R:EAGAN 1,746.00 371335 08/27/2018 LARRY STA.LEY 593.00 371336 08/27/2018 PINNACLE GROVE LTD 3,091.00 371337 08/27/2018 VERO CLUB PARTNERS LTD 3,765.00 371338 08/27/2018 DAVID SPARKS 1,407.00 371339 08/27/2018 THE PALMS AT VERO BEACH 1.119.00 371340 08/27/2018 ED SCHLITT .LC 359.00 371341 08/27/2018 JOHN OLIVIERA 716.00 371342 08/27/2018 ARTHUR PRUETT 484.00 371343 08/27/2018 MICHAEL JAHOLKOWSKI 547.00 371344 08/27/2018 .LUCY B H.ENDRICKS 757.00 371345 08/27/2018 ROBERT L. BRACKETT 515.00 371346 08/27/2018 SYLVESTER MC 1NTOSH 365.00 371347 08/27/2018 PAULA WHIDDON 553.00 371348 08/27/2018 JAMES W DAVIS 372.00 371349 08/27/2018 NITA EZELL 609.00 371350 08/27/2018 MISS INC OF THE TREASURE COAST 2,174.00 371351 08/27/2018 DANIEL CORY MARTIN 3,602.00 371352 08/27/2018 SHADOWBROOK AT VERO 563.00 371353 08/27/2018 FIVE STAR PROPERTY HOLDING LLC 830.00 371354 08/27/201.8 MARK BAER 2.877.00 371355 08/27/2018 JUAN CHAVES 700.00 371356 08/27/2018 INDIANTOWN NON-PROFIT ,HOUSING INC 670.00 311357 08/27/2018 AUGUSTUS B FORT JR 641.00 371358 08/27/2018 VERO BEACH PLACE LLC 3,255.00 371359 08/27/2018 GNS REAL ESTATE HOLDINGS LLC 1.353.00 371360 08/27/201.8 COALITION FOR ATTAINABLE HOMES INC 1,107.00 371361 08/27/2018 HELPING HANDS REAL ESTATE & INVESTMENT CO 4.265.00 371362 08/27/201.8 ALIX DENAEAU 750.00 371363 08/27/2018 JOHN K GERRATO 818.00 371364 08/27/2018 1135 RENTALS LLC 778.00 371365 08/27/2018 BLUE DRAGON MANAGEMENT LLC 1,100.00 371.366 08/27/2018 HOWARD R .BRENNAN 556.00 371367 08/27/2018 NKW PIP HOLDINGS I LLC 2.889.00 371.368 08/271201.8 MAXIPLEX LLC 2.714.00 371.369 08/27/2018 RANDY BETH'EL 735.00 371370 08/27/2018 WATSON :REALTY GROUP 800.00 371371 08!27/2018 KARL POKRANDT 747.00 371372 08/27/2018 570 13TH PLACE LLC 2.654.00 371373 08/27/2018 BRANDON .ROUER 1.942.00 371374 08/27/201.8 JEANNEE:BIERMAN 663.00 371375 08/27/2018 HUDSON CONSULTING & MANAGEMENT LLC 552.00 371.376 08/27/201.8 PALMETTO PROPERTY MANAGEMENT CORP 935.00 371377 08/28/201.8 HAWKINS INC 10.896.75 371378 08/30/201.8 UTILREFUNDS 78.32 371379 08/30/2018 UTILREFUNDS 31.59 371380 08/30/2018 UTILREFUNDS 79.11 371381 08/3012018 UTILREFUNDS 2492. 371382 08/30/2018 UTIL REFUNDS 76.12 371383 08/30/2018 UTILREFUNDS 43.85 371384 08/30/2018 UTIL REFUNDS 22.35 371385 08/30/2018 UTIL REFUNDS 42.95 371386 08/30/2018 UTIL REFUNDS 68.54 371387 08130/2018 UTIL REFUNDS 72.44 371388 08/30/2018 UTIL REFUNDS 266.02 371389 08/30/2018 UTILREFUNDS 47.16 371390 08/30/2018 UTIL REFUNDS 46.23 42 TRANS NBR DATE VENDOR AMOUNT: 371391 08/30/2.018 UTIL REFUNDS 69.96 371392 08/30/2018 UTIL REFUNDS 46.99 371.393 08/30/2018 UTIL REFUNDS 78.32 371394 08/30/2018 UTIL REFUNDS 23.19 371'395 08/30/2018 UTIL REFUNDS 21.58 371396 08/30/2018 UTIL REFUNDS 57.09 371397 08/30/2018 UTILREFUNDS 43.83 371398 08/30/2018 UTILREFUNDS 51.10 371399 08/30/2018 UTIL REFUNDS 56.64 371400 08/30/2018 UTIL REFUNDS 61.26. 371401 08/30/2018 UTIL REFUNDS 13.60 371402 08/30/2018 UTIL REFUNDS 70.93 371403 08/30/2018 UTILREFUNDS 37.79 371404 08/30/2018 UTIL REFUNDS 56.16 371405 08/30/2018 UTIL REFUNDS 15.68 371406 08/30/2018 UTIL REFUNDS 41.36 371407 08/30/2018 UTIL REFUNDS 75.16 371408 08/30/2018 UTIL REFUNDS 46.02 371409 08/30/2018 UTILREFUNDS 51.84 371410 08r)x0/2018 UTIL REFUNDS 45.73. 37141.1 08/30/2018 UTIL REFUNDS 40.54 371412 08/30/2018 UTIL REFUNDS 42.36 371413 08/30/2018 UTIL REFUNDS 1.35 371414 08/30/2018 UTILREFUNDS 28.78 371415 08/30/2018 UTILREFUNDS, 46.38 37 14 16 08/30/20.18 UTIL REFUNDS 46.02 371417 08/30/2018 UTIL REFUNDS 28.19 371118 08/30/2018 UTIL REFUNDS 18.16 371419 08/30/2018 UTIL REFUNDS 23.69 371420 08/30/2018 UTIL REFUNDS 54.93 371421 08/30/2018 UTILREFUNDS 87.21 371422 08/3012018 UTIL REFUNDS 29.48 37.1423 08/30/2018 UTILREFUNDS 29.94 371424 08/30!201.8 UTILREFUNDS 53.18 371425 08/30/2018 UTIL REFUNDS 43.78 371426 08/30/2018 UTIL REFUNDS 39.76 371427 08/30/2018 UTILREFUNDS 35.63 371428 08/30/2018 UTIL REFUNDS 20.05 371429 08/30/201.8 UTIL REFUNDS 40.19 371430 08/30/2018 UTIL REFUNDS 40.96 371431 08/30/2018 UTILREFUNDS 96.74 371432 08/30/2018 UTILREFUNDS 19.64 371433 08/30/2018 UTIL REFUNDS 56.79 371434 08/30/2018 UTIL REFUNDS 32.50 371435 08/30/2018 UTIL REFUNDS 68.06 371436 08/30/2018 UTIL REFUNDS 69.08 371437 08/30/2018 UTIL REFUNDS 81.15 371438 08/30/2018 UTIL REFUNDS 58.12 371439 08/30/2018 UTILREFUNDS 35.74 371440 08/30/2018 UTIL REFUNDS 27.38 371441 08/30/2018 UTIL REFUNDS 34.16 371442 08/30/2018 UTIL REFUNDS 68.22 371443 08/30/2018 UTIL REFUNDS 70.60 371.444 08/30/2018 UTIL REFUNDS 187.23 371445 08/30/2018 UTILREFUNDS 168.06 371446 08/30/2018 UTILREFUNDS 42.75 371447 08/30/2018 UTIL REFUNDS 73.58 371448 08/30/2018 UTIL REFUNDS 72.01 371449 08/30/20.18 UTIL REFUNDS 8.55 371450 08/30/2018 UTIL REFUNDS 2.44 43 TRANS NBR DATE VENDOR AMOUNT 371451 08/30/2018 UTIL REFUNDS 38.49 371452 08/30/2018 UTIL REFUNDS 12.12 371453 08/30/2018 UTIL REFUNDS 47.95 371454 08/30/22018 UTIL REFUNDS 71;86 371455 0813012018 UTIL REFUNDS 40.00 371456 08130/2018 UTIL REFUNDS 13.75 371457 08/30/2018 UTIL REFUNDS 79.68 371458 08/30/2018 UTIL REFUNDS 75.23 371459 08/30/2018 UTILREFUNIDS 83.85 371460 08/30/2.018 UTIL REFUNDS 2i89 371.461 08/30/2018 UTIL REFUNDS 3 7. 11 371462 08/3012018 UTIL REFUNDS 73.76 371463 08/30/2018 UTIL REFUNDS 73.58 371464 08/30/2018 UTILREFUNDS 33.82 371465 08/30/22018 UTIL REFUNDS 3.95 371466 08130/2018 UTIL REFUNDS 29.73 3371467 08130/2018 UTIL REFUNDS 108.05 371468 08/30/2018 UTILREFUNDS 28.65 371469 08130/27018 UTIL REFUNDS 89.44 371470 08/30/2018 UTIL REFUNDS 181.79 371471 08/30/2018 UTIL REFUNDS 35.47 371472 08/30/2018 UTIL REFUNDS 43.29 371473 08/30/2018 UTIL REFUNDS 75.78 371474 08/30/2018 PORT CONSOLIDATED INC 1,276.72 371475 0813012018 JORDAN MOWER INC 36.93 371476 08/30/2018 COMMUNICATIONS INTERNATIONAL 76,210.78 371477 08/30/2018 VERO CHEMICALDISTRIBUTORS INC 1.31113 371478 08/30/2018 PERERS ENTERPRISES INC 5,983.39 371479 08/30/2018 RICOH USA INC 418.13 371.480 08/30/2018 CH ISHOLM CORP OF VERO 10,301.00 371481 08/30/2018 HENRY SCHEIN INC 4,789.82 371482 08/30/2018 VELDE FORD INC 67.85 371483 08/30/2018 SAFETY PRODUCTS INC 262.91 371484 08/30/2018 AT&T WIRELESS 855.07 371485 08/30/2018 DATA FLOW SYSTEMS INC 404.78 371486 08/30/2018 PARALEE COMPANY INC 500.00 371487 08130/2018 E-Z.BREW COFFEE & BOTTLE WATER SVC 49.92 371488 08/30/2018 GRAINGER 152.69 371489 08/30/2018 VERO MARINE CENTER INC 37.50 371490 08/30/2018 AMERIGAS EAGLE PROPANE, 'LP 358.62 371491 08/3012018 AMERIGAS EAGLE PROPANE L.P 499.02 371402 08/30/2018 AMERIGAS EAGLE PROPANE LP 1,804.94 371493 08/3012018 AMERIGAS EAGLE PROPANE LP 1.819.72 371494 08/30/2018 AMERIGAS EAGLE PROPANE LP 1.971.33 371495 08/30/2018 HACH CO 308.22 371496 08/30/20 18 CLIFF BERRY INC 42.00 371407 08/30/2018 NATIONAL FIRE PROTECTION ASSOC 175.00 371498 08130/2018 KSM ENGINEERING &TESTING INC 1,195.00 371499 08/30/2018 BOUND TREE MEDICAL LLC 807.10 371500 08/30/2018 SCHULKE B117LE & STODDARD LLC 5,251.33 371501 08130/2018 VERO INDUSTRIAL SUPPLY INC 46.12 371502 08/30/2018 DIVE RESCUE INC 450.17 371503 08/30/2018 TIRESOLES OF BROWARD INC 979.36 371504 08130/2018 PARAGON ELECTRIC INC 352.16 371505 08130/2018 CITY ELECTRIC SUPPLY 21.18 371506 08/30/2018 CARTER ASSOCIATES INC 990.00 371507 08130/2018 CUSTOM CARRIAGES INC 93.79 371508 08/30/2018 XEROX CORP SUPPLIES 7.93 371509 08/30/2018 BAKER & TAYLOR INC 6,102.78 .371510 08/30/2018 MIDWEST TAPE LLC 2,729.71 44 TRXNS N13R DATE VENDOR AMOUNT 371511 08/30/2018 K & M ELECTRIC SUPPLY 11.97 371512 08/30/2018 BAKER DISTRIBUTING CO LLC 132.08 311513 08/30/2018 CENGAGE.LEARNING INC 682.97 371.514 08/30/2018 GREENE INVESTMENT PARTNERSHIP LTD 3,772.96 371515 08/30/2018 LINDSEY GARDENS LTD 1,000.00. 371516 08/30/2018 CLERK OF CIRCUIT COURT 40.88 371.517 08/30/2018 INDIAN RIVER COUNTY HEALTH DEPT 182.00 371518 08/30/2018 INDIAN RIVER COUNTY HEALTH DEPT 52,747.50 371519 08/30/2018 INDIAN RIVER. COUNTY HEALTH DEPT .175.00 371520 08/30/2018 MEDICAL EXAMINERS OFFICE 35,224.16 371521 08/30/2018 VICTIM ASSISTANCE PROGRAM 5,532.66 3371522 08/30/2018 ROGER ,INICOSIA 1,500.00 371523 08/30/2018 CITY OF VERO BEACH 18,465.53 371524 08/30/2018 CITY OF VERO BEACH 2,108.02 371525 08/30.2018 CITY OF VERO BEACH 11,787.50 37:1526 08/30/2018 INDIAN RIVER ALL FAB INC 1,435.00 371527 08/30/2018 UNITED STATES POSTAL SERVICE 20,000.00 371528 08/30/2018 FLORIDA DEPT OF TRANSPORTATION 82.84 371529 08/30/2018 JANITORIAL DEPOT OF AMERICA INC 115.38 371530 08/30/2018 PUBLIX SUPERMARKETS 90.81 371531 08/30/2018 WA.L MART STORES EAST LP 1,074.66 371532 08/30/2018 WAL MART STORES ,EAST LP 431.57 37.1533 08/30/2018 ACUSHNET COMPANY 448.37 371534 08/30/2018 GEOSYNTEC CONSULTANTS INC 9.471.50 371535 08/3002018 ST J014NS RIVER WATER MGMT DISTRICT 1,190.00 37.1536 08/30/2018 FIRST" AMERICAN TITLE INSURANCE CO 91.20 371537 08/30/2018 FEDERAL EXPRESS CORP 88.64 371538 08/30/2018 FEDERAL EXPRESS CORP 96.07 371539 08/30/2018 CALLAWAY GOLF SALES COMPANY 468.63 371540 08/30/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,856.00 371541 08/30/2018 FLORIDA RECREATION & PARK ASSOC INC 160.00 371542 08/30/2018 FLORIDA POWER AND LIGHT 26,025.15 371543 08/30/2018 FLORIDA POWER AND LIGHT 5.00 371544 08/30/2018 FLORIDA POWER AND LIGHT 22,435.72 371545 08/30/2018 MELECH BERMAN 335.00 371546 08/30/2018 AMERICAN PLANNING ASSOCIATION 3,524.00 371547 08/30/2018 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7.561.92 371548 08/30/2018 TOCO.MA RUBBER STAMP & MARKING SYSTEM 27.49 371549 08/30/2018 SHER:ILEE D PARSEL:L 432.00 371550 08/30/2018 ALAN C KAUFFMANN 160.00 371551 08030/2018 3 BAIL ENTERPRISES LLC 3.983.94 371552 08/30/2018 JOHN BROWN & SONS INC 6,012.50 371553 08/30/2018 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 341.84 371554 08/30/2018 COMCAST 298.95 371555 08/30/2018 WILLIAM K DEBRAA.L 38.96 371556 08/30/2018 FLORIDA ASSOC OF CODE ENFORCEMENT 70.00 371557 08/30/2018 HOMETOWN NEWS 557.00 371558 08/30/2018 JAMES JENKINS 40.00 371559 08/30/2018 SUNQUEST INC 50000 371.560 08/30/2018 ARCADIS U S INC 49,377.68 371561 08/30/2018 TRANE US INC 2.665.00 371562 08/30x2018 CELECO PARTNERSHIP 258.78 371563 08/30/2018 CINTAS CORPORATION NO 2 50.79 371564 08/30/2018 U S BANK NATIONAL ASSOCIATION 944.69 371565 08/30/2018 RACHEL IVEY 312.07 371566 08/30/2018 VANWAL INC 20.00 371567 08/30/2018 J & J AUTOWORKS INC 1,104.60 371568 08/30/2018 DASIE BRIDGEWATER:I•IOPE CENTER INC 4.404.52 371569 08/30/2018 ALAN HILL 492.93 371570 08/30/2018 PARGAS 535.75 45 TRANS NBR DATE VENDOR AMOUNT 371571 08/30/2018 SOUTHERN JANITOR SUPPLY INC 2,563.79 371572 08/30/2018 M.BV ENGINEERING INC 1,075.00 371573 08/30/2018 STAPLES CONTRACT & COMMERCIAL INC 547.45 371574 08/302018 GERELCOiM INC 1.533.95 37.1575 08/30/2018 COLOSSUS INCORPORATED 6.281.25 371576 08/30/2018 THE NELRODCOMPANY 1,447.00 371577 08/30/2018 PETER OB RYAN 103.01 371578 08/30/2018 JOH\TNY B SMITH 120.00 371579 08/30/2018 GLOBALSTAR USA 182.43 371580 08/30/2018 CHARLES A WALKER 40.00 371581 08/30/2018 TRANSCAT 475.35 371582 08130/2018 AQUA-AEROBIC SYSTEMS INC 11,973.00 371583 08/30/2018 CEMEX 694.50 371584 08/30/2018 WASHINGTON, DAVID 35.00 371585 08/30/2018 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 5.837.57 371.586 08/302018 THOMAS C CLARK 500.00 371587 08130/2018 WILLIAM RICE 10.00 371588 08/302018 TRADEWINDS POWER CORP. 100,200.00 371589 08/30/2018 TREASURE COAST FOOD BANK INC 1.66.68 371.590 08/30/2018 INDUSTRIAL SCIENTIFIC CORP 1,220.50 371591 08/30/2018 NICOLACE MARKETING INC 1.489.00 371592 08/30/2018 T C ENTERPRISE 17,068.00 371593 08/30/2018 ALERT ALL CORPORATION 497.50 371594 08/302018 HMA-SOLANTIC JOINT VENTURE LLC 360.00 371595 081302018 SANDYARACENA 120.00 371596 0813020:18 GAR.RETT SMITH 60.00 371597 08/30/2018 GUARDIAN FUELING TECHNOLOGIES 936.50 371598 08/302018 LINDSEY GARDENS II LTD 214.00 371599 08/30/2018 PNC BANK NA 46,175.36 371600 08/30/2018 YOUR AQUA INSTRUCTOR LLC 200.00 371601 08/30/2018 AUTOMATIONDIRECT.COM INC 764.25 371602 08/302018 SLV MILLSTONE LLC 46,419.10 371603 08/30/2018 CITRIX ONLINE LLC 840.00 371604 08/30/2018 NEWSOM OIL COMPANY 589.93 371605 08/30/2018 LOWES HOME CENTERS INC 1,265.07 371.606 08/30/2018 RAFTELIS FINANCIAL CONSULTANTS INC 3.193.50 371607 08/30/2018 ALEX MIKLO 60.00 371608 08/30/2018 BURNETT LIME CO INC 6_.374.20 371609 08/30/2018 TREASURE COAST TURF INC 295.50 371610 08/30/2018 PENGUIN RANDOM HOUSE LLC 311.40 371611 08/30/2018 C E R SIGNATURE CLEANING. 850.00 371612 08/302018 KATE P COTNER 15:81 371613 08/302018 THE LAW OFFICES OF 771.00 371614 08/30/2018 AMERITAS 27.783.12 371615 08/30/2018 RONALD NICHELSON 40.00 371616 08/302018 FOUNDATION FORAFFORDABLE RENTAL 276.00 371617 08/302018 FOUNDATION FOR. AFFORDABLE RENTAL 500.00 371618 08/301201.8 MASCHMEYER CONCRETE COMPANY OF FLORIDA 985.00 371619 08/30/2018 SYLIVIA MILLER 1,323.00 371620 08/30/2018 FLORITURF SOD INC 214.00 371621 08/30/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,695.00 371622 08/30/2018 SCRIPPS NP OPERATING LLC 339.90 371623 08/30/2018 COCA COLA BEVERAGES FLORIDA LLC 128.07 371624 08/30/2018 JOSEPH DI701\NO 100.00 371625 08/30/2018 CATHEDRAL CORPORATION 2,832.21 371626 08/30/2018 UNIFIRST CORPORATION 893.19 371627 08/30/2018 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 616.50 371628 08/30/2018 JDS GRAPHICS DESIGN INC 1,294.92 371629 08/30/2018 CDA SOLUTIONS INC 65.00 371630 08/30/2018 CDA SOLUTIONS INC 28,271.96 46 TRANS N.BR DATE VENDOR AMOUNT 371631 08/30/2018 WILSON SPORTING GOODS CO 882.00 371.632 08/30/2018 SOLAR SOLUTIONS WINDOW TINTING INC 125.06 37.1633 08/30/20.18 ADVANCE STORES COMPANY INCORPORATED 124.78 371634 08/30/2018 EGP DOCUMENT SOLUTIONS :LLC 218.00 371635 08/30/2018 SOLSKYN PERSONAL CARE LLC 681.60 371636 08/30/2018 EDWARD ILLIDGE 180.00 371637 08/30/2018 MATHESON TRI -GAS INC 3.849.30 371638 08/30x'2018 PEOPLE READY INC 5,389.18 371639 08/30/2018 EMILY GOUGE 60.00 37.1640 08/30/2018 AQSEPTENCE GROUP INC 327.39 371641 08/30/2018 COLE AUTO SUPPLY INC 880.79 371642 08/30/2018 CANON FINANCIAL SERVICES INC 266.99 371643 08/30/2018 RAMPAGE JUNIORS 500.00 371644 08/30/2018 OZARK MART.ERIALS LLC 25.848.00 371645 08/30/2018 BETH NOLAN 50.60 371646 09/30/2018 THOMAS R PILIE'RO 16.00 371647 08/30/2018 AQUATIC SYNERGY LLC 60.00 371648 08/30/2018 HARAKH I:NC 500.00 371649 08/30/2018 FIDELITY SECURITY LIFE INSURANCE COMPANY 3.062.70 371650 08/30/2018 TOTAL ADMINISTRATIVE SERVICES CORP 673.40 371651 08/30/2018 STUART RUBBER STAMP & SIGN CO INC '176.72 371652 08/30/2018 CORE & MAIN LP 4_,457.34 371653 08/30/2018 PATRICK TRAMEL 69.51 371654 08/3012018 MC DERMOTT WILL & EMERY LLP 10,000.00 371655 08/30/2018 CHANGE HEALTHCARE LLC 424745.40 371656 08/30/2018 STEPHEN STONE 100.00 371657 08/30/2018 JOSEPH LORINO 60.00 371658 08/30/2018 EMPIRE PIPE ORLANDO LLC 171,106.50 371659 08/30/2018 TAYLOR ANNE HATTON 40.00 371660 08/30/2018 BUFFALO GRAPHICS 4,556.90 371661 08/30/2018 IM SOLUTIONS INC 108,035.66 371662 08/30/2018 RAMONA MURPHY 18.50 371663 08/30/2018 DECKS & DOCKS LUMBER COMPANY INC 1,821.60 371664 08/30/20I8 BLOOPRINT MANAGEMENT INC 1_,016.25 371665 08/30/2018 MARY ACEVEDO 106.80 371666 08/30/2018 KAITLYNN BRODE 200.00 371667 08/30/2018 VERONIQUE ORY STUMALE 30.00 371668 08/30/2018 BIJALAMIN 45.00 371669 08/30/2018 EUKHEA JENKINS 40.00 371670 08/30/2018 BRADLEY A ROBERTS 125.00 371671 08/3012018 AMERICAN POOLS & SPAS INC 553.31 371672 08/3012018 LESLIE DAVIS 300.00 371673 08/30/2018 RILEY WARE 500.00 371674 08/30/2018 MELINA ZAMARR.IPA 366.50 371675 08/30/2018 UTIL REFUNDS 40.62 371676 08/30/2018 UTIL .REFUNDS 11.01 371677 08/30/2018 UTIL REFUNDS 94.80 371.678 08/30/2018 UTIL REFUNDS 65.85 371679 08/30/2018 UTI LR.E.FUNDS 74.54 371680 08/30/2018 UTIL REFUNDS 37.80 371681 08/30/2018 UTIL REFUNDS 88.57 371682 08/30/2018 UTIL REFUNDS 56.25 371683 08/30./2018 UTIL REFUNDS 66.64 371684 08/30/2018 UTIL REFUNDS 20.86 371685 08/30/2018 UTIL REFUNDS 28.59 371686 08/30/2018 UTIL REFUNDS 330.78 371687 08/3012018 UTIL REFUNDS 300.41 371688 08/30/2018 UTIL REFUNDS 48.42 371689 08/30/2018 UTIL R:EFU.NDS 72.01 371690 08/30/2018 UTIL REFUNDS 7596 47 0 TRANS.NBR DATE VENDOR AMOUNT 371691 08/30120'18 UTILREFUNDS 59.75 37.1692 08/30/2018 UTIL REFUNDS 24.38 '371693 000/2018 UTILREFUNDS 74.01 371694 08/30/2018 UTIL REFUNDS 8.90 371695 08/30/2018 UTIL REFUNDS. 17.90 371696 08/30/201.8 UTIL REFUNDS 65.26 371697 08/30/2018 UTIL REFUNDS 36.88 371698 08/30/2018 UTILREFUNDS 68:22 371699 08/30/2018 UTIL REFUNDS 753.85 371700 08/30/2018 UTIL REFUNDS 41.77 371701 08/30/2018 UTIL .REFUNDS 40.13 371.702 08130/2018 UTIL'REFUNDS 67.38 371703 08130/2018 UTIL REFUNDS 75.72 371704 08/30/2018 UTIL REFUNDS 88.65 371705 08/30/2018 UTIL REFUNDS 23.52 371706 08/30/2018 UTIL REFUNDS 40.62 371707 08/3012018 UTILREFUNDS 31.29 371708 08/30/2018 UTIL REFUNDS 67.27 371709 08/3.0/2018 UTIL REFUNDS 161.88 371710 08/30/2018 UTIL REFUNDS 5.86 371711 08/30/2018 UTILREFUNDS 116.49 371712 08/30/2018 UTILREFUNDS 40.68 371.713 08/30/2018 UTIL REFUNDS 32.81 371714 08/30/2018 UTIL REFUNDS 19.68 371715 08/30/2018 UTIL REFUNDS 68.85 371716 08/30/2018 UTIL REFUNDS 82.28 371717 08/30/2018 UTIL REFUNDS 74.32 371718 08/30/2018 UTIL REFUNDS 23.21 371719 08/30/2018 UTIL REFUNDS 84.18 371720 08/30/2018 UTILREFUNDS 58.77 371721 0.8130/2018 UTILREFUNDS 33.92 Grand.Total: .1,236,675.01 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013757 08/27/2018 EVERGLADES FARM EQUIPMENT CO INC 2,499.75 1013758 08/27/2018 COLD AIR DISTRIBUTORS WAREHOUSE 205.27 1013759 08/27/2018 INDIAN RIVER OXYGEN INC 1.393.75 1013760 08/27/2018 DEMCOINC 1,344.88 1013761 08/27/2018 DAVES SPORTING GOODS & TROPHIES 1,440.00 1013762 08/27/2018 APPLE INDUSTRIAL SUPPLY CO 191.25 1013763 08/27/2018 SMITH BROTHERS CONTRACTING EQUIP 25.48 10.13764 08/27/2018 GALLS LLC 230.20 1013765 08/27/2018 ABCO GARAGE DOOR CO INC 453.00 1013766 08/27/2018 ALLIED UNIVERSAL CORP 4,991.95 1013767 08/27/2018 JOHNSON CONTROLS INC. 9,770.00 1013768 08727/2018 FIRST HOSPITAL LABORATORIES INC 96.75 1013769 08/27/2018 APPLE MACHINE & SUPPLY CO 4,625.82 1013770 08/27/2018 COMO OIL COMPANY OF FLORIDA 131.69 1013771 08/27/2018 GREAT SOUTHERN EQUIPMENT CO 169.91 1013772 08/27/2018 HARCROS CHEMICALS, INC: 2,299.01 1013773 08/27/20.1.8 CUMMINS INC 14.630.49 1013774 08/27/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,910.28 1013775 08/27/2018 BENNETT AUTO SUPPLY INC 64.46 1.013776 08/27/2018 AUTO PARTNERS LLC 140.76 1013777 08/27/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 750.00 1013778 08/28/2018 AT&T 21,437.99 1013779 08/28/2018 OFFICE DEPOT BSD CUSTOMER SVC 3,123.11 1013780 08/28/2018 COMCAST 1.75.79 1013781 08/30/2018 EVERGLADES FARM EQUIPMENT CO INC 464.92 1013782 08/30/2018 PARKS RENTAL & SALES INC 66.00 1013783 08/30/2018 COLKITT SHEET METAL & A/C INC 244.90 1013784 08/30/2018 NORTH SOUTH SUPPLY INC 107.29 1013785 08/30/2018 HELENA CHEMICAL 1,270.32 1013786 08/30/2018 COLD AIR .DISTRIBUTORS WAREHOUSE 289.89 1013787 08/30/2018 SUB AQUATICS INC 48.70 1013788 08/30/2018 INDIAN RIVER BATTERY 1,079.15 1013789 08/30/2018 MIKES GARAGE & WRECKER. SERVICE INC 174.00 1013790 08/3012018 GALLS LLC 115.10 1013791 08/30/2018 MEEKS PLUMBING INC 157.00 1013792 08/30./2018 ABCO GARAGE DOOR CO INC 130.00 1013793 08/30/2018 ALLIED UNIVERSAL CORP 4,959.58 1013794 08/30/2018 IRRIGATION CONSULTANTS UNLIMITED INC 2_.219.76 1013795 08/30/2018 SOUTHERN COMPUTER WAREHOUSE INC 51.24 1013796 08/30/2018 COMO OIL COMPANY OF FLORIDA 119.03 1013797 08/30/2018 COMPLETE ELECTRIC INC 4.792.50 1013798 08/30/2018 STRYKER SALES CORP 1:857.08 1013799 08/30/2018 SHRIEVE CHEMICAL CO 4.764.73 1013800 08/30/2018 METRO FIRE PROTECTION SERVICES INC 2,890.55 1013801 08/3072018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 69.38 1013802 08/30/20.18 AUTO PARTNERS LLC 70.38 1013803 08/30/2018 L&L DISTRIBUTORS 394.88 1013804 08/3012018 ENVIRONMENTAL CONSERVATION LABORATORIES IN 9,459.00 1013805 08/30/2018 STAT MEDICAL DISPOSAL INC 55.00 100806 08/3012018 HYDRA SERVICE (S) INC 7,958.00 1013807 08/30/2018 RADWELL INTERNATIONAL INC 1.67.26 101.3808 08/30/2018 HORIZON DISTRIBUTORS INC 983.00 101.3809 08/30/2018 PACE ANALYTICAL SERVICES INC 1,658.00 1013810 08/30/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 10138 i l 08/30/2018 GUARDIAN ALARM OF FLORIDA LLC 210.00 1013812 08/3072018 NEXAIR LLC 13.72 Grand Total: :1.19,026.95 49 ELECTRONIC .PAYMENTS - WIRE & ACH TRANS NBR :DATE .,VFND(YR AMOUNT 6153 08/24/201.8 IRC FIRE FIGHTERS ASSOC 9,628.80 6154 08/24/2018 TEAMSTERS LOCAL UNION #769 5,261.00 6151 08/24/2018 FL SDU 6,530.24 6156 08/2412018 IRC CHAMBER: OF COMMERCE 10,274.95 6157 08/24/2018 I-kC, C.HANVBER. OF COMMERCE .347,519.42 6`.158 09/24/2018 IRC CHAMBER OF COMMERCE 7,456.55 6159 08/24/2018 IRC C14AMBER OF COMMERCE 27,724.59 6160 08/24/2018 RUSSELLIPAYNE INC 87,517.80 6161 08/24/2019 NATIONWIDE SOLUTIONS RETIREMENTTNC 521792.57 .6162 08/24/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 4,079.74 6163 08/2412018 VEROTOWNLI-C 11,887.95 6164 08/24/2018 TOTAL ADMINISTRATIVE SERVICES CORP 10,652.44 6165 08/27/2018 IRS -PAYROLL TAXES 399,427.27 Grand Total: .670.753.32 50 CONSENT:9/11/2018 & Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William. K. DeBraal - Deputy County Attorney DATE: August 14, 2018 ATTORNEY SUBJECT: Resolution Cancelling Taxes on Property Purchased by Indian River County for Public Purpose Property identified as 405 35th Avenue and having a legal description of Lots 23 and 24, less and except the South 25 feet thereof, Block "U', Clemann Estates, Unit 1, has been purchased by Indian River County from Norman R. Lamothe and Roberta F. Lamothe for future road expansion; and a Resolution is presented for the purpose of cancelling any delinquent or current taxes which may exist on this property where a public purpose is planned. FUNDING: There is no cost associated with this item. RECOMMENDATION Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon 405 35th Avenue, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 51 purchase of 405 35th Avenue from Norman R. t_amothe and Roberta F. t_amothe for future road expansion RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes; defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 52 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Norman R. Lamothe and Roberta F. LaMothe for future road expansion, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3138 at Page 1653, Public Records of Indian River County, Florida. The resolution was moved for _adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc 2 53 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of September, 2018 BOARD OF.000NTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector C APPROVED AS TO FORM ANO . 'a4K22R'lClPL fEN' Y BY 4vit_L. DEPUTY .COUNTY KIFTORNEY 3 54 3120180048290 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3138 PG: 1653,8/6/2018 11:12 AM D DOCTAX PD $72.10 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48084016 Property Appraisers Parcel Identification (Folio) Number: 33391500005000700023.0 Florida Documentary Stamps. in the amount of $72.10 have been paid hereon. Space above this line for Recording Data WAR"NTYDEED THIS WARRANTY DEED, made the 91r day of July, 2018, by Norman R Lamothe and Roberta F. Lamothe, husband and wife, whose post office address is 925 Nash Loop, The Villages, FL 32162, herein •called the Grantors, to Indian River County, a political subdivision of The State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, :aliens, remises, releases, conveys and confirms unto the. Grantee all that certain land situate in Indian River County, State of Florida, viz.: Lots 23 and 24, LESS AND EXCEPT the South 25 feet thereof, Block "G", CLEMANN ESTATES UNIT NO. l,, according to the Plat thereof, recorded in Plat Book 3, pages 63 and 64, of the Public Records of Indian River County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the sarne in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawtully seized of said land in fee simple; that the Grantors have good right and lawful authority to. sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 3 I, 2017. File No.; 48084016 r.h BK: 3138 PG: 1654 IN WITNESS WHEREOF., the said Grantors have signed and sealed these presents theday and year first above written. SignedBaled and deli, vpred in the presence of: Witness #,. SRClP`ED'NARIK Witness #1 Printed Name fitness #2 Signature T& Witness'#2 Printed Name Etseal) Norman R. Lamothe (Seal) Roberta F. Lamothe State of Florida I,, �- County of ✓n t �1 The foregoing instrumentwas acknowledged before me this 2S day of July, 2018; by Norman R. Lamothe and Roberta F. Lamothe, who are personally known to me or bave produced �Z DL.S- as identification. SEAL ZACHARY HUGHES :�. MYCOMMISSIONiiG(i144391 ?� K? EXPIRES: September 19, 2021 '•:�or M1°.p° BpfIdGA ThRi Natty PilbAC U7IdYIW:1tOr! My Commission Expires: File No.: 48084016 Noubli Phuted Nwt&ry Name r.h 56 Dylan Reingold., County Attorney William K. DeBraal,. Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of ce of Consent 09/11/2018 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: August 23, 2018 SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program ATTORNEY 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, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single family homes apply to Rental Assistance for participation. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by Voucher Program participation. The annual rates for water, sewer, gas, electric, and propane in our area are. established each year by HUD. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2019, effective October 1, 2018, is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve' the utility rate resolution 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, Housing Program Manager 57 RESOLUTION 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly known as Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, the Indian River County Rental Assistance Program (Rental Assistance) administers the Housing Choice Voucher Program in the County; and WHEREAS, Federal regulations require an annual review of utility rates for HCV Program participants; and WHEREAS, HUD has provided an updated schedule of Allowances for Tenant - Furnished Utilities and other Services for fiscal year 2019, effective October 1, 2018 that is attached as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program compliant with HUD regulations and in line with current and past market conditions; 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 accepts, approves and adopts the Allowances for Tenant -Furnished Utilities and other Services for Fiscal Year 2019, attached hereto, which will become effective October 1, 2018 and continues to be used by staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Administrative Plan. 58 RESOLUTION 2018 - The foregoing Resolution was offered and seconded by Commissioner the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc by Commissioner and, upon being put to a vote, The Chairman thereupon declared the Resolution duly passed and adopted this 11th day of September, 2018. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: illiam K. eBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairman 59 Allowances for Tenant -Furnished Utilities and Other Services U.S. Department of Housing and Urban Development Office of Public and Indian Housing The Nelrod Company 7/2018 Initial adapted from form HUD -52667 60 Date (mm/dd/yyyy): Locality: Indian River County Board ofUnit,Type+S,,ngl,&Famaiy-::ectd Commissioners, FL buse),k fy� � z ,tom w �� „1Q�BR i•, �`,;,,,1 BR :�, -_ ./2 13t2- •.�;3�BR "' 4.6)2`' ��<5'BFt a� i .. 3... ., k'. 'f'i ..G . �'•� a �, Monthly Dollar Allowances ...N. a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $45.00 $50.00 $54.00 $54.00 $58.00 $58.00 c. Electric (avg) $8.00 $9.00 $9.00 $10.00 $11.00 $11.00 d. Electric Heat Pump (avg) $5.00 $7.00 $8.00 $9.00 $10.00. $11.00 e. Oil / Other - � :',� � 4':ir: -^l�;s .L :;2?+'+'r' �rj+T;i'.2s;:Y.;-o'`,u'• ; �":;, _ ! �. y :4!t,1?:y.r. £t ..PG +.rr-,.::i:'.'v'r�'2'ff s}%C, Y• :s: Li^aw '�rw.WxS a. Natural Gas N/A N/A N/A N/A I N/A N/A b. Bottle Gas/Propane $8.00 $12.00 $17.001 $21.00 $29.00 $37.00 c. Electric (avg) $4.00 $4.00 $7.00 $9.00 $11.00 $13.00 Other�Elect Other Electric (Lights & Appliances) (avg) 1 $21.001 $25.001 $35.00 $45.00 $54.00 $64.00 Air Conditioning (avg) 1 $9.001 $11.001 $25.001 $39.001 $53.00 $67.00 ..t., yt •. ',l'.4, _ :�'. :.xX.?i:•.. ,.T". _1, Ay.+S=.:a!i�..+'::'<''-N •' J,A.! :�r 1p• -YY:. �R':^ryxsccrtw:s,: .. .�,, �. ;:;: -=�•i;�: V ,,;,`" - ��r+» fi.f... _,c:�' _ :� e1,� „��i: k`,�'�4:c�;. t:. a•: 1?°r<'. _e'�..,.•,t`.: =a,s:. _,rSx-�•e,r:: a. Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $29.00 $33.00 $45.00 $58.00 $70.00 $87.00 c. Electric (avg) $10.00 $12.00 $16.00 $19.00 $22.00 $26.00 d. Oil / Other " - -- " - w-r<_�_,_.-?r�3C.iTgft' - "'�'x;r�t.:.°:�..:^r •:x•: ;r3?`� V'S�: - - Water.-•;S,ewer+Tras�'vo1le�ito:n, �+, - ' � �'• - '.::b;.G....� ';� ' r, t Water (avg) $15.001 $16.001 $19.001 $23.00 $28.00 $33.00 Sewer (avg) $24.001 $26.001 $30.001 $34.00 $38.00 '$42.00' Trash Collection (avg) $12.001�v $12.00 $12.00 $12.00 $12.00 $12.00 ,,.�.. _ -..y::al.,:;;3"%ij:�l��'x�i�`f'�:r.3,'-t�:` .:?il::"->.i�: b�_ 't/.� - Vit._:' - •1J\ Teaarit siiji1ied Alsliai�ces 9 } a �r=`� -F v ::� }>t s,,.. ..A.� ..!J• F#'. -r ..7xCb.:?-'�'.,.w':kr...it u?AL .o�d.:.. -. x.H c - ':f:. a i.irs ^$11.00 J Range/ Microwave Tenant -supplied $11.00 $11.001 $11.00 $11.00 $11.00 Refrigerator Tenant -supplied $12.00 $12.001 $12.001 $12.00 $12.00 $12.00 "a: _ - 'r-Y'.:„'�:.y'4:1"tis:_ r,.J .:�''''itri: S••�'•'-t;. v.``=`°.�:5:. - :.ti i''P:kr:.."i.... _r(,�+?y .•,�, Oftie - pp"ci�:,•y:���ron' '��iar "s> >�.._. -:.r _-sY., � �r 1:� ;;,��.:=':•,.:: s1, .��=, j,, ... �, n-�.r7. !lf �!ll.,.... .yx,.... .,�pt... �,'.`:,. _�ws-+`.�r.<2:�:, :.I�`C�in .:`.rz..'. xit.:h;,i`.`.✓ri.�1w. r.: r:s�°l`:� �7�"wx.Yr .�+'i'�.'r.-�:.c":.'i.:'�l'«�'i ,+:-:+'�tYi'f,' r$10.00 Electric Charge $9.59 (avg) $10.00 $10-001 $10.00 $10.001 $10.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total Is The Nelrod Company 7/2018 Initial adapted from form HUD -52667 60 t INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ":0 RENTAL ASSISTANCE —HCV.— VASH Voucher Program 1800 27'h Street, Building B, Vero Beach FL 32960 772-226-4360 / 772-226-4370 fax NOTICE OF PROPOSED UTILITY ALLOWANCE REVISION August 1, 2018 Attention HCV -Section 8 Tenants Indian River County Board of Commissioners will be making adjustments to the current utility allowances effective this upcoming 2019 fiscal year, which is October 1, 2018 or any time after this FY start date. Adjustments are based on energy efficient consumptions. This notice is in compliance with HUD federal regulations to give- you notice that these changes will take effect, if approved, at the family's rent and subsidy calculations at their first annual reexamination that is effective after the allowance is adopted. Indian River County Board of Commissioners Rental Assistance maintains these. records at our main office: 1800 27th Street, Admin Building B, Vero Beach, Florida 32960. Anyone can review the utility schedules or may receive a copy of such schedule during our business hours which are: Monday and Friday, closed to the public, Tuesday, Wednesday and Thursday, 8:00 am till 4:00 pm. We have posted the Utility Allowance Schedules on our website at http://www.irccdd.com/rental/. You may submit written comments to the IRC Rental Assistance Department, Attention, Robin Miller no later than August 31, 2018. Or you may call the office at 772-226-4360, ext. 4367 if you have questions. EQUAL HOUSING OPPORTUNITY 61 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Consent Agenda - B. C. C. 9.11.18 Of --e of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorne DATE: August 24, 2018 SUBJECT: In Re: Liquid Aluminum Sulfate Antitrust Litigation BACKGROUND. ATTORNEY The above -referenced litigation involves liquid aluminum sulfate, which is used for a variety of uses including, treating drinking water, controlling algae, and treating wastewater. The plaintiffs have alleged that certain parties had participated in a conspiracy to allocate territories, rigging bids, allocating customers, and price fixing. The parties have agreed to settle the case. The settlement includes the requirement that the various companies will collectively pay $10,796,800 in cash and up to $13,527,400 from a sale of all or substantially all of GEO Specialty Chemicals, Inc.'s equity interests. The Indian River County Board of County Commissioners (`Board") has until October 2, 2018 to ask to be excluded from the class or object to the settlement. No action is required in order to stay in the settlement class. If the Board decides to stay in the settlement class, the County will have until December 17, 2018 to file a claim. The Board also has the right to file an objection to the proposed settlement by September 29, 2017. If the Board decides to stay in the settlement class, the Board will relinquish its right to file a lawsuit concerning the issues and claims at stake in the litigation. FUNDING. There is no funding associated with this item if the Board decides to stay in the settlement class and file a claim. RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim. ATTACHMENT(S). Notice of Settlement FAAnomeyVjnda1GENERAL0 C Cl4gendaMemos1LtquldALrm1=m Suljatr Clau Acnon.doc 62 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Civil Action No. 16-md-2687 (JLL) (JAD) In Re: LIQUID ALUMINUM SULFATE ANTITRUST LITIGATION If You Purchased Liquid Aluminum Sulfate In The United States Directly From A Defendant From January 1, 1997 Through February 28, 2011, You Could Be Affected By A Proposed Class Action Settlement A federal court authorized this Notice. This is not a solicitation from a lawyer You are not being sued. This notice ("Notice") .is being sent to you pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of New Jersey ("Court"). The purpose of this Notice is to advise you of the pendency of the class action lawsuit called In. Re: Liquid Aluminum Sulfate Antitrust Litigation ("Action") and the proposed partial settlement ("Settlement") reached in the Action between Direct Purchaser Class Plaintiffs' and settling defendants GEO Specialty Chemicals, Inc. ("GEO"), Kenneth A. Ghazey and Brian C. Steppig (collectively, the "GEO Settling Parties")? The Court preliminarily approved the Settlement on July 19, 2018. Please Note: The Settlement does not release any claims of Direct Purchaser Class Plaintiffs and the other members of the Direct Purchaser Settlement Class (as defined below) against any other Defendant in the Action and litigation against those Defendants is ongoing.' Pursuant to the Settlement, GEO, on behalf of itself and the GEO Settling Parties, has agreed to: (i) pay a total of $10,796,800 in cash; (ii) pay up to $13,527,400 from a sale of all or substantially all of GEO's equity interests, a merger of GEO and another entity, or a sale of all or substantially all of CEO's assets (collectively, a "Sale"), EBITDA -based payments, and/or shareholder dividends; and (iii) provide certain cooperation measures in the ongoing litigation of the Action against the Non -Settling Defendants. The GEO Settling Parties deny all of Direct Purchaser Class Plaintiffs' claims and deny all wrongdoing, but have agreed to settle in order to avoid the cost and risk of a trial. This, lawsuit involves liquid aluminum sulfate or "Alum." Alum is a chemical utilized by municipalities and industries for a variety of uses including, inter alfa, treating drinking water, controlling algae in lakes and ponds, treating wastewater, manufacturing paper and pulp and fixing dyes to textiles. The Direct Purchaser Class Plaintiffs allege that the GEO Settling Parties participated in a conspiracy — with other Defendants in the Action and unnamed co-conspirators — to allocate territories and/or to not compete for each other's historical business by rigging bids, allocating customers and fixing, stabilizing, and maintaining the price of Alum sold in the United States from January 1, 1997 to at least February 28, 2011 in violation of the federal antitrust laws. The GEO Settling Parties deny all of these claims and have asserted various defenses to the claims. The Court has not made any decision as tothe merits of Direct Purchaser Class Plaintiffs' claims against the GEO Settling Parties because the Parties have agreed to settle these claims. ' Direct Purchaser Class Plaintiffs are Central Arkansas Water; City of Charlotte, North Carolina; City and County of Denver, Colorado, acting by and through its board of Water Commissioners; Flambeau River Papers, LLC; City of Greensboro, North Carolina; Mobile Area Water and Sewer System; City of Rochester, Minnesota; City of Sacramento, California; SUEZ Water Environmental Services Inc.; SUEZ Water New Jersey Inc.; SUEZ Water Princeton Meadows Inc.; SUEZ Water New York Inc.; SUEZ Water Pennsylvania Inc.; and City of Texarkana, Arkansas and City of Texarkana, Texas, d/b/a Texarkana Water Utilities. z The full terms of the Settlement are set forth in Settlement Agreement Between Direct Purchaser Class Plaintiffs and Defendants GEO Specialty Chemicals, Inc., Kenneth A. Ghazey and Brian C. Steppig dated June 1, 2018 (the "Settlement Agreement'), a copy of which can be viewed on the Settlement website, www.LiduiidAluminumDirectSettlement.com. All capitalized terms used herein and not otherwise defined herein have the meanings set forth in the Settlement Agreement. In the event of any conflicts between the terms of this Notice and the Settlement Agreement, the Settlement Agreement shall control. Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade. Solutions, LLC, C&S Chemicals, Inc., GEO Specialty Chemicals, Inc., USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff. 63 • The Settlement described in this Notice pertains only to direct purchasers of Alum (i.e., those that purchased Alum in the United States directly from a Defendant). There is another lawsuit pending in the same Court that was brought on behalf of indirect purchasers, which are entities that purchased Alum from distributors or from other direct purchasers. The indirect purchasers have also reached a settlement with the GEO Settling Parties. Information about the indirect purchaser settlement can be found*by' visiting the website www.LiquidAluminumSulfaie.com. • The Court still has to decide whether to finally approve the Settlement. Approval of the Settlement by the Court will resolve the lawsuit against the GEO Settling Parties only. The lawsuit is continuing against the other Defendants in the Action. • Your legal rights will be affected whether or not you act. This Notice includes important information about the lawsuit and the Settlement. Your rights and options are explained in more detail in this Notice. Please read this Notice carefully and completely. R f .•cP� 1 15 ,m}YubYun�'n'.!.;ix 95Y'.C'.his:v.d.3.ixn+�."anJ�vSt�,:r.'a''.� vim, ep SUBMIT A CLAIM FORM If you wish to make a claim against the Settlement Funds, you will need to submit POSTMARKED OR RECEIVED a Claim Form in order to be eligible to receive a payment from the Settlement. The NO LATER THAN DECEMBER 17, portion, if any, of the Settlement Funds to be allocated, to you will be calculated on 2018 a pro rata basis based on your eligible purchases of Alum. (See Questions 9-10). ASK TO BE EXCLUDED BY If you ask to be excluded from the Direct Purchaser Settlement Class and the Court SUBMITTING A WRITTEN approves the Settlement, you will not receive any money from the Settlement. This REQUEST FOR EXCLUSION is the only option that. allows you to be part of any other lawsuit against any of the SO THAT IT IS RECEIVED NO GEO Settling Parties for the claims in this case. (See Question 13). LATER THAN OCTOBER 2, 2018 OBJECT TO THE SETTLEMENT If you do not like the Settlement, or any part of it, you may write to the Court and BY SUBMITTING A WRITTEN explain why you do not like the Settlement. You can only object to the Settlement OBJECTION SO THAT IT IS if you are a Direct Purchaser Settlement Class Member and you do not exclude RECEIVED NO LATER THAN yourself. (See Question 17). OCTOBER 2, 2018 GO TO THE COURT'S FINAL If you submit a written objection, you may (but you do not have to) attend the hear - FAIRNESS HEARING ON ing and, at the discretion of the Court, speak to the Court about your objection. (See NOVEMBER 14, 2018 Questions 19-21). DO NOTHING You do not have to take any action to remain part of the Direct Purchaser Settlement Class. (See Question 22). However, by doing nothing, you give up any rights you may have to sue the GEO Settling Parties about the claims in this case and you will not receive a payment from the Settlement. Your rights and options are explained in more detail in this Notice. Please read this Notice carefully and completely. R SUMMARY OF THE SETTLEMENT BASIC INFORMATION 1. Why did I get this Notice?................................................................................................................4 2. What is this lawsuit about?..............................................................................................................4 3. Who are the Settling Defendants?.................................................................................................... 5 4. Why is this a class action?...............................................................................................................5 5. Why is there a settlement of this Action with the GEO Settling Parties?........................................5 WHO IS AFFECTED BY THE SETTLEMENT 6. Who is included in the Direct Purchaser Settlement Class?...........................................................5 7. What if I am still not sure whether I am included?...........:.............................................................5 THE BENEFITS OF THE SETTLEMENT 8. What does the Settlement provide?................................................................................................. 6 9. How do I receive a payment?............................................:.......................................................:.....6 10. How much will my payment be?..............................................................•.......................................7 11. When will I receive a payment?....................................................................................................... 7 12. What am I giving up to receive a payment?....................................................................................7 EXCLUDING YOURSELF FROM THE DIRECT PURCHASER SETTLEMENT CLASS 13. How do I get out of the Direct Purchaser Settlement Class?........................................:................. 8 14. If I exclude myself, can I receive money from the Settlement?......................................................9 THE LAWYERS REPRESENTING YOU 15. Do I have a lawyer in this case?...................................................................................................... 9 16. How will the lawyers be paid?....................................................................................:.................... 9 OBJECTING TO THE SETTLEMENT, THE PLAN OF DISTRIBUTION AND/OR THE REQUEST FOR ATTORNEYS' FEES, EXPENSES AND CASE CONTRIBUTION AWARDS 17. How do I tell the Court that I don't like the Settlement, Plan of Distribution and/or the request for attorneys' fees, expenses, or Case Contribution Awards?.......................................................... 9 18. What is the difference between objecting and excluding? ................. ............................................ 10 THE COURTS FAIRNESS HEARING 19. When and where will the Court decide whether to approve the Settlement?.................................10 20. Do I have to come to the hearing?.................................................................................................11 21. May I speak at the hearing?............................................................................................................11 IF YOU DO NOTHING 22. What happens if I do nothing at all?.................................:.............................................................11 GETTING MORE INFORMATION 23. Where can I get more information?....................................:..........................................................11 3 65 SUMMARY OF THE SETTLEMENT This is a partial settlement. Pursuant to the Settlement, GEO, on behalf of itself and the GEO Settling Parties, has agreed to pay (i) a total of $10,796,800 in cash; and (ii) up to $13,527,400 from a Sale, EBITDA -based payments, and/or shareholder dividends. The foregoing amounts and any accrued interest are. referred to herein as the Settlement Funds. Additionally, the GEO Settling Parties have agreed to provide certain cooperation measures in the ongoing litigation against the Non - Settling Defendants. The net amount of the Settlement Funds, after payment of any taxes, administration expenses, and Court -approved attorneys' fees, expenses and Case Contribution Awards, will be allocated to Direct Purchase Settlement Class Members, pro rata, according to a plan of distribution, approval of which will simultaneously be sought from the Court as part of the Settlement. As with any litigated case, Direct Purchaser Class Plaintiffs would face an uncertain outcome against the GEO Settling Parties if this lawsuit were to continue against them. Throughout this case, Direct Purchaser Class Plaintiffs and the GEO Settling Parties have disagreed on both liability and damages, and they do not agree on the amount that would be recov- erable even if Direct Purchaser Class Plaintiffs were to prevail at trial. Moreover, continued litigation could result in a judgment or verdict against the GEO Settling Parties in an amount less than the recovery obtained by the Settlement, or no recovery at all. The GEO Settling Parties have denied and continue to deny the claims and contentions alleged by Direct Purchaser Class Plaintiffs, that they are liable at all to the Direct Purchaser Settlement Class, or that the Direct Purchaser Settlement Class suffered any damages for which the GEO Settling Parties could be legally responsible. Nevertheless, the GEO Settling Parties have taken into account the uncertainty and risks inherent in any litigation, particularly in a complex case such as this, and have concluded that it is desirable that the lawsuit be fully and finally settled as to the GEO Settling Parties on the terms and conditions set forth in the Settlement Agreement. BASIC INFORMATION You received this Notice because it is believed that you or your company purchased Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011, and therefore, you may be a member of the Direct Purchaser Settlement Class. The Court has directed that this Notice be sent to you because, as a potential member of the Direct Purchasdr Settlement Class, you have the right to know about the Settlement reached in this Action between the Direct Purchaser Class Plaintiffs, on behalf of the Direct Purchaser Settlement Class, and the GEO Settling Parties, and about all of your options before the Court decides whether to approve the Settlement. This Notice explains the lawsuit, the Settlement, and your legal rights. The Court in charge of this Action is the United States District Court for the District of New Jersey. The case is called In Re. Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD). United States District Court Judge Jose L. Linares is overseeing this Action. The entities who brought this case are the plaintiffs, and the companies and individuals they sued are called defendants. € :z , The Direct Purchaser Class Plaintiffs claim that the GEO Settling Parties participated in a conspiracy — with other Defen- dants in the Action and unnamed co-conspirators — to allocate territories and/or not to compete for each other's historical business by rigging bids, allocating customers and fixing, stabilizing, and maintaining the price of Alum sold in the United States from January 1, 1997 to at least February 28, 2011 in violation of the federal antitrust laws. The Direct Purchaser Class Plaintiffs allege that the claimed anticompetitive conduct resulted in artificially inflated prices for Alum. The GEO Settling Parties deny all of these claims and have asserted various defenses to the claims. The Court has not made any decision as to the merits of Direct Purchaser Class Plaintiffs' allegations. Please Note: The Settlement is a partial settlement of the Action. The Settlement does not release any claims of the Direct Purchaser Class Plaintiffs and the other members of the Direct Purchaser Settlement Class against any other Defendant in the Action and litigation against those Defendants is ongoing. 4 66 C .M� .:. 3 YYaIO ARE;THErSE� ILING DEFENDAN�S`� iyxu. �.r _ '> a..i ? nki 111 The settling defendants are GEO Specialty Chemicals, Inc., Kenneth A. Ghazey and Brian C. Steppig (collectively referred to herein as the "GEO Settling Parties"). In a class action, one or more individuals or entities, called "class representatives," sue on behalf of others who have simi- lar claims. The class representatives in this case are Central Arkansas Water; City of Charlotte, North Carolina; City and County of Denver, Colorado, acting by and through its board of Water Commissioners; Flambeau River Papers, LLC; City of Greensboro, North Carolina; Mobile Area Water and Sewer System; City of Rochester, Minnesota; City of Sacramento, California; SUEZ Water Environmental Services Inc.; SUEZ Water New Jersey Inc.; SUEZ Water Princeton Meadows Inc.; SUEZ Water New York Inc.; SUEZ Water Pennsylvania Inc.; and City of Texarkana, Arkansas and City of Texarkana, Texas, d/b/a Texarkana Water Utilities (collectively referred to herein as "Direct Purchaser Class Plaintiffs"). The Direct Purchaser Class Plaintiffs and the individuals or. entities with similar claims are individually "class members," together comprising a class. One court resolves the issues for all class members, except for those who exclude themselves from the class. �. :,"rfi�� •,t' j�n^�,.•� .�:..,ab">�. �`'��`"' „�:��...e to �*•7 Pi ?t t. `'��''.� '�,a"'°�. +�' Y ae� . •4•4't : cr'� 5 �5 ���„��N�'xo�s;. r�r ®', ,,wr,I�I�-���FU������ �,��•����� •�' .� .va-k._ •.,w..,i.xa vRw,..rx h..vEa.:,.. .a .3,rnx� _.,zs�.a..,+�s,.Ri. ., '£.'^e-,.+,.: �e:c.a.. , ==a.c�a"'T, .: .ri'.+ ,s 7� The GEO Settling Parties have denied all liability and wrongdoing in this case and have asserted various defenses to the Direct Purchaser Class Plaintiffs' claims. The Court did not decide in favor of the Direct Purchaser Class Plaintiffs or the GEO Settling Parties. Instead, both sides agreed to the Settlement. That way, they avoid the cost and risk of a trial, and the Direct Purchaser Settlement Class Members affected will get compensation. This Settlement is the product of extensive negotiations between lawyers for the Direct Purchaser Class Plaintiffs and the GEO Settling Parties. The Direct Purchaser Class Plaintiffs and Interim DPP Lead Counsel think the Settlement is fair and in the best interests of all Direct Purchaser Settlement Class Members. WHO Is AFFECTED BY THE SETTLEMENT To see if you are affected by the Settlement, you first have to determine if you are a Direct Purchaser Settlement Class Member. %'"" •�' ,€'a. ?�:. ai.=e"3sta3 '^�,,�, ,x� .ASK 43" r�' y°{ - 'zr+,,, xt:*i,"§ s• e�" .r .3,*. �v;i": The Court has provisionally certified, for purposes of effectuating the Settlement only, a class consisting of. all persons or entities that purchased Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011. Generally, you are included in the Direct Purchaser Settlement Class if you purchased Alum directly from a Defendant during this period. Excluded from the Direct Purchaser Settlement Class are (1) Defendants and their respective parents, subsidiaries, and affiliates, and (2) any Direct Purchaser Settlement Class Members who timely and validly elect to be excluded from the Direct Purchaser Settlement Class. Pon r��cy a'aY."i £ N �t� C - 1A MTWAR MEN WIN If you are still not sure if you are a Direct Purchaser Settlement Class Member, you can get more information by visiting www.LiquidAluminumDirectSettlement com, or you can get free help by calling or writing Interim DPP Lead Counsel, at the phone number and address listed in Question 23 below. You may also contact the Settlement Administrator, by calling 1-855-338-6128, by emailing info@LiquidAluminumDirectSettlement.com, or writing to Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement, c/o Settlement Administrator, P.O. Box 30097, Philadelphia, PA 19103. 67 THE BENEFITS OF THE SETTLEMENT a"r,C" ti- - r Y 3' -i *� ca1 3'.t,,' rv= yJC 2?. r t t ! Y' �a ✓ '�' >S > c,. i r r z+.,. ,1 s r, VzAT DOESTIizS1JTTi�ENT PROVID>� h 1 *; F t : F ,{ T_.n..- _ _ :s1t 4 .,.a,. ..^ ....%,.: rx,r_. _ ,3a. s ..+���. sz i.<,. a• .,,Ei .f. _5.:4?<'{.sY N-_ a -,a GEO has agreed to pay, on behalf of itself and the GEO Settling Parties: (i) $10,796,800 in cash and (ii) up to $13,527,400 from a Sale, EBITDA -based payments, and/or shareholder dividends. The GEO Settling Parties have also agreed to pro- vide cooperation to the Direct Purchaser Class Plaintiffs through their counsel in connection with the ongoing litigation of the Action against the Non -Settling Defendants as set forth in paragraph 9 of the Settlement Agreement. • With respect to (i) above, GEO will use its best efforts to cause its insurers to pay $6,198,926 directly into the Direct Purchaser Escrow Account within thirty (30) days of Final Judgment ("First Installment"). GEO will make two additional payments into the Direct Purchaser Escrow Account — the first, in the amount of $1,361,437, on or before the first anniversary of the First Installment, and the second, in the amount of $3,236,437, on or before the second anniversary of the First Installment. • With respect to (ii) above, GEO will undertake a marketing process for a Sale that will commence no later than thirty (30) days after entry of Final Judgment. If this marketing process is successful, upon the closing of the Sale, the Direct Purchaser Settlement Class shall be entitled to receive from GEO additional compensation pursuant to an equity value formula (set forth in Exhibit B to the Settlement Agreement), up to $13,527,400. o In the event that, prior to the closing of a Sale, GEO's EBITDA in any of fiscal years 2018, 2019 or 2020 is at least 250% above the mid -point projections of EBITDA for each of the years 2018, 2019 and 2020 prepared by GEO and by the financial advisor(s) retained by Direct Purchaser Class Plaintiffs, the Direct Purchaser Settlement Class shall be entitled to payment of 25% of such excess up to $13,527,400 in the aggregate and credited against the $13,527,400 from a Sale. o In the event that GEO makes.any distributions to its shareholders prior to the closing of a Sale, the Direct Purchaser Settlement Class shall be entitled collectively to a pro rata share of such distributions as if such distributions were proceeds of a Sale. These distributions shall be credited against the $13,527,400 from a Sale. The Settlement Funds will be used to pay: (i) the costs of settlement administration and notice as approved by the Court; (ii) attorneys' fees and expenses, as approved by the Court; and (iii) Case Contribution Awards to Direct Purchaser Class Plaintiffs for litigating the Action on behalf of the Direct Purchaser Settlement Class as approved by the Court. The Settle- ment Funds after deduction of the foregoing payments are referred to as the "Net Settlement Fund." "" .i'i,7RIM-; W0g f"'�: +`rr�a..PS'w"`ri'°7G WN -0 If you are a Direct Purchaser Settlement Class Member and do not exclude yourself, you may be eligible to receive a pay- ment from the Settlement. To qualify for a payment from the Settlement, you must submit a Claim Form, which is enclosed with this Notice or available at www.LiquidAluminumDirectSettlement.com. Please read the instructions contained in the Claim Form carefully. You must fill, out the Claim Form and include all the information the form asks for. Be sure to sign it, and mail it by first-class mail, or submit it online at www.LiquidAluminumDirectSettlement.com, postmarked (if mailed) or received (if submitted online) no later than December 17, 2018 to: Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement c/o Settlement Administrator P.O. Box 30097 Philadelphia, PA 19103 You may be asked to verify the accuracy of the information provided in your Claim Form. Your claim must be valid to receive money. If the Court approves the Settlement (see "The Court's Fairness Hearing" below), the Settlement Funds will be distributed at a later date to members of the Direct Purchaser Settlement Class who submit valid Claim Forms. There are specialized companies that may offer to fill out and file your Claim Form in return for a percentage of the value of your claim. Before you sign a contract with one of these companies, you should examine the claim -filing process provided here and decide whether using a specialized company is worth the cost. You can always seek help free of charge from the Settlement Administrator or Interim DPP Lead Counsel. 6 68 �, tY f x � i i : � x�. ? '� -•�• e .` f y r n _ r .. £L >'.yAe } "� '1t+ y S° s-yx t { �.-� �$�� �5 Direct Purchaser Settlement Class Members who file valid claims will receive their pro rata share of the Net Settlement Fund based on: (1) the Direct Purchaser Settlement Class Member's eligible purchases of Alum; (2) the total money avail- able to pay all claims; (3) the total dollar value of all valid claims submitted; and (4) the cost of settlement administration and notice and the Court -awarded attorneys' fees, expenses and Case Contribution Awards (see Question 16 below). In other words, the Net Settlement Fund shall be allocated on a pro rata basis based on the total dollar value of each Direct Purchaser Settlement Class Member's eligible purchase(s) of Alum in proportion to the total dollar value of all valid claims submitted. Interim DPP Lead Counsel's proposed plan for distributing the Net Settlement Fund to Direct Purchaser Settlement Class Members ("Plan of Distribution") will be presented to the Court with its papers in support of final approval of the Settle- ment. Details about the proposed Plan of Distribution will be available at www.Liq.uidAluminumDirectSettlement.com starting no later than September 17, 2018. Important! Direct Purchaser Settlement Class Members who exclude themselves in accordance with Question 13 below will not be able to share in the distribution from the Net Settlement Fund. ?� '^ ��-"..s7 '•;'y ,s^,�. ' . 35!€'".v�",s `'C:r="se`t�.t�3?'. �r . _ f"'x'',,s, �w z-y;F�-�'�cz"'�� �' ;c; ? rof a�,t m*�..':,.Ta.� , "z_ .g� - - _ ��" r . x.,..-- ,..� w•...�'.p'.�a fir. '�-'-��m `..R-rlb... �.x.;�2+?"�, 5. vu.a.�. 3ei::'€-Y+ � � m r.1.'r�s.�. F��'�� u5�"�a� There is no date certain for making payments from the Settlement Funds. The Net Settlement Fund will be distributed to eligible Direct Purchaser Settlement Class Members after the Court grants final approval to the Settlement, all claims have been fully processed by the Settlement Administrator and the Court has authorized distribution of the Net Settlement Fund. Updates on this process will be made available at www.LiquidAluminumDirectsettlement.com. Please Note: The Settlement may be terminated on several grounds, including if the Court does not approve or materially modifies the Settlement. Should the Settlement be terminated, the Settlement Funds less the cost of settlement administra- tion and notice will be returned to GEO and this Action will proceed against the GEO Settling Parties as if the Settlement had not been reached. If the Settlement is terminated, there will be no payments made to Direct Purchaser Settlement Class Members. 7 r.k ,".' "' - �.[.r3:'x'�-t3!'�i",.3.'�.".-'S,.F•�.;°g.':.�+�,�%ry�'.<.» �- - r„ s+r' eta,c� -x' -a s`•; ;-.�. � - �•.. c, "ic as x w r7N.S s: ,�� . ` .,,3..,:- ,. .isx,.•a„H.:.- ..s. 2 ' ",x. ro?,-..x,���'" i":. ;M—;01 ' k k, 2` :�. �� Unless you exclude yourself, you will remain in the Direct Purchaser Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the GEO Settling Parties about the legal issues in this case. It also means that all of the Court's orders will apply to you and legally bind you. As set forth in paragraphs 15 and 16 of the Settlement Agreement: • Release: Upon Final Judgment and in consideration of payment of the Settlement Funds into the Direct Purchaser Escrow Account, and for other valuable consideration, the GEO Released Parties' shall be completely released, acquitted, and forever discharged from any and all claims, demands, actions, suits, causes of action, whether class, individual, or otherwise in nature (whether or not any Direct Purchaser Settlement Class Member has objected to the Settlement or makes a claim upon or participates in the Settlement Funds, whether directly, representatively, derivatively or in any other capacity) that the Releasing Parties' ever had, now has, or hereafter can, shall, or may ever have, that exist as of the date of Final Judgment, on account of, or in any way arising out of, any and all known The "GEO Released Parties" are the GEO Settling Parties, the GEO Settling Parties' heirs or executors, and GEO's current and former, direct and indirect parents, subsidiaries, affiliates, insurers, directors, officers, shareholders, and employees, other than Alex Avraamides, who shall not be deemed a Party to or a third -party beneficiary of the Settlement Agreement, and who is in no way released from any claims asserted by Direct Purchasers in the Consolidated Proceedings. As used in this Paragraph, "affiliates" means entities controlling, controlled by or under common ownership or control with, in whole or in part, any of the GEO Released Parties. s "Releasing Party" or "Releasing Parties" refers individually and collectively, to the Direct Purchaser Settlement Class and all Direct Purchaser Settlement Class Members, including the Direct Purchaser Class Plaintiffs and the Direct Action Direct Purchaser Settlement Class Members, each on behalf of themselves and their respective predecessors and successors; their current and former, direct and indirect parents, subsidiaries and affiliates; their present and former shareholders, partners, directors, officers, owners of any kind, principals, members, agents, employees, contractors, attorneys, insurers, heirs, executors, administrators, devisees, representatives; their assigns of all such persons or entities, as well as any person or entity acting on behalf of or through any of them in any capacity whatsoever, jointly and severally; and any of their past, present and future agents, officials acting in their official capacities, legal representatives, agencies, departments, commissions and divisions; and also means, to the full extent of the power of the signatories to the Settlement Agreement to release past, present and future claims, the following: (1) any Releasing Party's subdivisions (political or otherwise, including, but not limited to, municipalities, counties, parishes, villages, unincorporated districts and hospital districts), public entities, public instrumentalities and public educa- tion institutions; and (2) persons or entities acting in a parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer or any other capacity, whether or not any of them participate in the Settlement. As used in this Paragraph, "affiliates" means entities controlling, controlled by or under common ownership or control with, in whole or in part, any of the Releasing Parties. 69 7 and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, injuries, damages, and the consequences thereof in any way arising out of or relating in any way to the facts and circumstances alleged in the Consolidated Proceedings ("Released Claims"), provided however, that nothing herein shall release claims involving any negligence, personal injury, breach of contract, bailment, failure to de- liver lost goods, damaged or delayed goods, product defect; securities or similar claim relating to Alum. During the period after the expiration of the deadline for submitting an opt -out notice, as determined by the Court, and prior to Final Judgment, all Releasing Parties shall be preliminarily enjoined and barred from asserting any Released Claims against the GEO Released Parties. The GEO Settling Parties further agree that they will not file any suit against the Releasing Parties and their current and former, direct and indirect, parents, subsidiaries, affiliates, di- rectors, officers, shareholders, and employees arising out of or relating to the Released Claims. The release of the Released Claims will become effective as to all Releasing Parties upon Final Judgment. Upon Final Judgment, the Releasing Parties further agree that they will not file any other suit against the GEO Released Parties arising out of or relating to the Released Claims. • Further Release: In addition to the provisions above (i.e.; Paragraph 15 of the Settlement Agreement), the Releas- ing Parties expressly waive and release, solely with respect to the Released Claims, upon Final Judgment, any and all provisions, rights, and benefits conferred by Section 1542 of the California Civil Code, which states: CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLE- MENT WITH THE DEBTOR; or by any law of any state or territory of the United States, or principle of common law, which is similar, compa- rable, or equivalent to Section 1542 of the California Civil Code. Each Releasing Party may hereafter discover facts other than or different from those which he, she, or it knows or believes to be true with respect to the claims which are released pursuant to the provisions above (i.e., Paragraph 15 of the Settlement Agreement), but each Releasing Party hereby expressly waives and fully, finally, and forever settles and releases, upon Final Judgment, any known or unknown, suspected or unsuspected, contingent or non -contingent claim that the Releasing Parties have agreed to release pursuant to the provisions above (i.e., Paragraph 15 of the Settlement Agreement), whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or,additional facts. Reservation of Claims. -The Parties intend by the Settlement Agreement to release only the GEO Released Parties -with respect to the Released Claims. The Parties specifically do not intend the Settlement Agreement, or any part thereof or any other aspect of the proposed Settlement, to compromise or otherwise affect in any way any rights the Releasing Parties have or may have against any other person, firm, association, or corporation whatsoever, includ- ing, but not limited to the Non -Settling Defendants. The release set forth in Paragraphs 15 and 16 of the Settlement Agreement is not intended to and shall not release any claims other than the Released Claims. The sales of Alum by GEO in the United States from January 1, 1997 through at least February 28, 2011 shall remain in the cases against the Non -Settling Defendants in the Consolidated Proceedings as a basis for damage claims and shall be part of any joint and several liability claims against Non -Settling Defendants in the Consolidated Proceedings or other persons or entities other than the GEO Released Parties. EXCLUDING YOURSELF FROM THE DIRECT PURCHASER SETTLEMENT CLASS If you want to keep the right to sue or continue to sue the GEO Settling Parties on your own about the legal issues being resolved by the Settlement, then you must take steps to get out of the Direct Purchaser Settlement Class. This is called excluding yourself - or sometimes referred to as "opting out." If you opt out of the Direct Purchaser Settlement Class, you will not receive any payment from the Net Settlement Fund. To exclude yourself, you must send a letter saying that you want to be excluded from the Direct Purchaser Settlement Class. The letter must include the following information: (i) a statement indicating that you want to be excluded from the Direct Purchaser Settlement Class 'in In Re: Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD); (ii) your name, address, telephone number, and your signature; and (iii) all trade names or business names 70 and all addresses (including any addresses that have received shipments of Alum from a Defendant) you or your busine; have used, as well as any subsidiaries or affiliates who are requesting to be excluded from the Direct Purchaser Settleme: Class. Your letter must be postmarked by October 2, 2018 and sent to: Class Action Opt Out Attn: Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement P.O. Box 30097 Philadelphia, PA 19103 If you ask to be excluded, you will not get any payment from the Net Settlement Fund created by the Settlement an you cannot object to the Settlement. If you want to receive a payment from the Settlement, do not exclude yoursel Important - Please Note: Unless you exclude yourself, if the Court approves the Settlement, you give up any right to si the GEO Settling Parties for the claims that the Settlement resolves. If you have a pending lawsuit against the GEO Settlir Parties involving the same legal issues in this case, speak to your lawyer in that case immediately. You must exclude you self from the Direct Purchaser Settlement Class in order to continue your own lawsuit against the GEO Settling Parties. Warning! If your letter is sent after the deadline, your request for exclusion will be considered invalid and you will not 1 excluded from the Direct Purchaser Settlement Class. You cannot exclude yourself by telephone or email. No. If you decide to exclude yourself from the Direct Purchaser Settlement Class, you will not be able to receive mone from the Settlement. THE LAWYERS REPRESENTING YOU Yes. The Court appointed James E. Cecchi, Esq. of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. as Interim DF Lead Counsel to represent the Direct Purchaser Settlement Class on an interim basis and for purposes of the Settlement. If you want to be represented by your own lawyer and have that lawyer appear in court for you concerning the Settlemer you may hire one at your own expense. If you hire your own lawyer, you must tell the Court and send a copy of your notic to Interim DPP Lead Counsel at the address set forth in Question 17 below. You are not personally responsible for payment of attorneys' fees or expenses. Interim DPP Lead Counsel will seek award of attorneys' fees up to 33.3% of the total consideration made available to the Direct Purchaser Settlement Class compensate all of the lawyers and their law firms that have worked on this Action since its inception. Interim DPP Le, Counsel will also seek reimbursement of the costs and expenses advanced on behalf of the Direct Purchaser Settlement Claq If the Court approves Interim DPP Lead Counsel's requests, these amounts will be deducted from the Settlement Funds. Interim DPP Lead Counsel will also seek Case.. Contribution Awards of no more than $40,000 for each of the Direct Pu chaser Class Plaintiffs who served as proposed class representatives while the case was pending. If awarded, these amoun will also be deducted from the Settlement Funds. Important! Interim DPP Lead Counsel's request for attorneys' fees, expenses and Case Contribution Awards will be c file with the Court, and available for review at www.LiquidAluminumDirectSettlement.com as of September 17i 2018. OBJECTING TO THE SETTLEMENT, THE PLAN OF DISTRIBUTION AND/OR THE REQUEST FOR ATTORNEYs' FEES. EXPENSES AND CASE CONTRIBUTION AWARDS If you are a Direct Purchaser Settlement Class Member (and have not excluded yourself), you may tell the Court that yc object to (or disagree with) all or part of the Settlement, Plan of Distribution, and/or Interim DPP Lead Counsel's reque for an award of attorneys' fees, reimbursement of expenses, and/or Case Contribution Awards to Direct Purchaser Cla Plaintiffs. You must give reasons for your objection(s). The Court will consider your objections when it decides wheth or not to finally approve the Settlement. 71 Your written objection must include the following: (i) a statement indicating that you object to the Settlement, the Plan of Distribution and/or the request for attorneys' fees, expenses, or Case Contribution Awards, in In Re: Liquid Aluminum Sul- fate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD); (ii) your name, address, telephone number, and your signature; (iii) the reasons you object and all documents and writings that you want the Court to consider; and (iv) proof of your membership in the Direct Purchaser Settlement Class; •such as invoices showing that you satisfy the definition in Question 6. If you intend to appear at the final fairness hearing, you must also include a notice of intention to appear (see Question 21). To object, you must file your written objection(s) with the Court at the following address by October 2, 2018: Clerk of Court Martin Luther King Building & U.S. Courthouse 50 Walnut Street Newark, NJ 07101 You must also send a copy of your written objection(s) to Interim DPP Lead Counsel and Counsel for the GEO Settling Parties at the following addresses by October 2, 2018: Interim DPP Lead Counsel Counsel for GEO Settling Parties James E. Cecchi, Esq. Counsel or GEO: Counsel-for Carella, Byrne, Cecchi, Olstein, James H. Esq. Brody & Agnello, P.C. Kirkland & Ellis LLP 5 Becker Farm Road 300 North LaSalle Roseland, NJ 07068 Chicago, IL 60654 Counsel for Ken GhazeX: Nicholas Theodorou, Esq. Foley Hoag LLP 155 Seaport Blvd. Boston, MA 02210 Counsel for Brian Steppig. J. Bruce Maffeo, Esq. Cozen O'Connor 45 Broadway Atrium, Suite 1600 New York, NY 10006 twax�sr� �r-� NEW-, �— cc:�.'`"4c—+�,��si,..:rcw.x�s.�,��.-t ..�,+s Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you stay in the Direct Purchaser Settlement Class. Excluding yourself, or "opting out," means that you are removing yourself from the Direct Purchaser Settlement Class and will have no right to proceeds from the Settlement. If you exclude yourself, you also have no right to object to the Settlement, because the Settlement no longer affects you. THE COURT'S FAIRNESS HEARING .t., NIFE 7M• ' i mz t"t %i °i � ffiay •. -eF3...... %M ,.�i1 .t"iY The Court will hold a Fairness Hearing at 10:00 a.m. on November 14, 2018, at the United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve the Plan of Distribution and the request for attorneys' fees, expenses, and Case Contribution Awards. The Court will listen to Direct Purchaser Settlement Class Members who have asked to speak at the hearing. If there are objections or com- ments, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement, the Plan of Distribution, and the request for attorneys' fees, expenses, and Case Contribution Awards. We do not knok how long a decision will take to be made. Important! The time and date of the Fairness Hearing may change without additional mailed or publication notice. For updated information on the Fairness Hearing, visit www.Liq.uidAluminumDirectSettlement.com. 10 72 �q,"�'"���'m'�, � %'S�-:.� $,�C a 2:0 swDO XAV��yTU GO�VIErTO�'THE�iDARII;t.`, va No. Interim DPP Lead Counsel will be prepared to answer any questions the Court may have at the Fairness Hearing. However, you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to court to explain your objection. As long as you mailed your written objection on time as set out in this Notice, the Court will consider it. You may also pay another lawyer to attend the hearing, but it is not required. You may ask the Court for permission to speak at the Fairness Hearing. If you wish to do so, you must file a Notice of Intention to Appear with the Court at the following address by October 2, 2018: Clerk of Court Martin Luther King Building & U.S. Courthouse 50 Walnut Street Newark, NJ 07101 You must also mail copies of the Notice of Intention to Appear to the attorneys listed in Question 17 above, no later than October 2, 2018. Your Notice of Intention to Appear must include (i) the case caption, In Re: Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD); (ii) your name, address, and telephone number, and (iii) personal information . for other people (including lawyers) who want to speak at the hearing. IF YOU DO NOTHING n. If you do nothing, you will remain in the Direct Purchaser Settlement Class, and you will be bound by the terms of the Settlement and will forego any right to sue, or be part of any other lawsuit against the GEO Settling Parties over the "Re- leased Claims." If you remain in the Direct Purchaser Settlement Class, to qualify for a payment from the Settlement you must submit a Claim Form, a copy of which is enclosed with this Notice. See Question 9 above. GETTING MORE INFORMATION This Notice summarizes the Settlement. More details are in the Settlement Agreement. You can review the Settlement Agreement and other documents related to the Action by visiting www.LiquidAluminumDirectSettiement.com. In addi- tion, Interim DPP Lead Counsel's motions for final approval of the Settlement, Plan of Distribution and request for at- torneys' fees, expenses, and Case Contribution Awards are currently due to be filed with the Court by September 17, 2018 and will be available for review on the website. If you have questions or want more information, you may contact the Settlement Administrator at Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement, c/o Settlement Administrator, P.O. Box 30097, Philadelphia, PA 19103; 1-855-338-6128. You can also contact Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker Farm Road, Roseland, NJ 07068; 973-994-1700. DATED: August 17, 2018 PLEASE DO NOT WRITE OR CALL THE COURT OR THE CLERK'S OFFICE FOR INFORMATION. BY ORDER OF THE COURT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 11 73 Your claim must be postmarked or received by: December 17, 2018 Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement c/o Settlement Administrator P.O. Box 30097 Philadelphia, PA 19103 1-855-338-6128 info@LiquidAluminumDirectSettlement.com www.LiquidAluminumDirectSettlement.com LAL CLAIM FORM FOR SETTLEMENT WITH THE GEO SETTLING PARTIES IMPORTANT: PLEASE READ BEFORE COMPLETING THIS CLAIM FORM To be eligible for a payment from this Settlement, you must be a Direct Purchaser Settlement Class Member, i.e., you must have purchased liquid aluminum sulfate (G°Alum") in the United States directly from a Defendant from January 1, 1997 through February 28, 2011. This Claim Form must be completed and returned by Direct Purchaser Settlement Class Members who seek to receive a payment from the partial settlement ("Settlement") reached between the Direct Purchaser Class Plaintiffs and GEO Specialty Chemicals, Inc. ("GEO"), Kenneth A. Ghazey and Brian C. Steppig (collectively, the "GEO Settling Parties") in the action captioned In Re: Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16- md-2687 (JLL) (JAD) ("Action"). THIS CLAIM FORM MUST BE COMPLETED AND MAILED BY PREPAID, FIRST-CLASS MAIL TO THE ABOVE ADDRESS, OR SUBMITTED ONLINE AT WWW.LIQUIDALUMINUMDIRECTSETTLEMENT.COM, POSTMARKED OR RECEIVED NO LATER THAN DECEMBER 17, 2018 IN ORDER TO BE ELIGIBLE TO RECEIVE A SHARE OF THE NET SETTLEMENT FUND IN CONNECTION WITH THE SETTLEMENT. FAILURE TO SUBMIT YOUR CLAIM FORM BY THE DATE SPECIFIED ABOVE WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECEIVE ANY MONEY IN CONNECTION WITH THE SETTLEMENT. DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES; OR THEIR COUNSEL. SUBMIT YOUR CLAIM FORM ONLY TO THE SETTLEMENT ADMINISTRATOR AT THE ADDRESS SET FORTH ABOVE. If you have questions regarding your Claim Form, please call 1-855-338-6128 or send an email to info@LiquidAluminumDirectSettlement.com. Members of the Direct Purchaser Settlement Class who do not timely and validly seek exclusion from the Direct Purchaser Settlement Class in accordance with the instructions set forth in the Notice will be bound by the judgment entered approving this Settlement as to the GEO Settling Parties regardless of whether they submit a Claim Form. TABLE OF CONTENTS PAGE # PART I — GENERAL INSTRUCTIONS 2 PART II — CLAIMANT INFORMATION 3 PART III — SCHEDULE OF QUALIFYING ALUM PURCHASES 4 PART IV — SUBMISSION TO JURISDICTION OF THE DISTRICT COURT 5 PART V — CERTIFICATION 5 REMINDER CHECKLIST 6 *Pages 3, 4 and S of this Claim Form must be completed and returned to the Settlement Administrator 74 PART I —GENERAL INSTRUCTIONS 1. It is important that you completely read and understand the Notice that accompanies this Claim Form. The Notice describes the proposed Settlement with the GEO Settling Parties, how Direct Purchaser Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement is approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein. 2. To be eligible for a payment from the Settlement, you must be a Direct Purchaser Settlement Class Member. The Direct Purchaser Settlement Class is defined as all persons or entities that purchased Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.' Excluded from the Direct Purchaser Settlement Class are (1) Defendants and their respective parents, subsidiaries, and affiliates, and (2) any Direct Purchasers who timely and validly elect to be excluded from the Direct Purchaser Settlement Class. 3. Important - Please Note: There is a related settlement with entities that purchased Alum from distributors or from other direct purchasers (Le., "indirect purchasers"). This Claim Form does not pertain to the settlement involving the indirect purchasers. Information about the settlement between the indirect purchasers and the GEO Settling Parties can be found by visiting the website www.LiquidAluminumSulfate.com. DO NOT SUBMIT THIS CLAIM FORM IF YOU ARE AN INDIRECT PURCHASER. 4. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER (see definition of Direct Purchaser Settlement Class on page 5 of the Notice), OR IF YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE DIRECT PURCHASER SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A DIRECT PURCHASER - SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE DIRECT PURCHASER SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE'SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 5. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution. 6. Please be aware that there are specialized companies that may offer to fill out and file your Claim Form in return for a percentage of the value of your claim. Before you sign a contract with one of these companies, you should examine the claim -filing process provided here and decide whether using a specialized company is worth the cost. You can always seek help free of charge from the Settlement Administrator or Interim DPP Lead Counsel. 7. If the Court approves the Settlement, payments to eligible Direct Purchaser Settlement Class Members will be made after the Court grants final approval to the Settlement, after all appeals are resolved, and after the completion of all claims processing. This process could take substantial time. Please be patient. 8. If you have questions concerning the Claim Form, or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administrator, at the above address or by toll-free phone at 1-855-338-6128, or you may download the documents from the website www.LiquidAluminumDirectSettlement.com. You may also contact Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker Farm Road, Roseland, NJ 07068; 973-994-1700. Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., GEO Specialty Chemicals, Inc., USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff. Wi Your claim must be postmarked or received by: December 17, 2018. CLAIM FORM Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement c/o Settlement Administrator P.O. Box 30097 Philadelphia, PA 19103 1-855-338-6128 info@LiquidAluminumDirectSettlement.com www.LiquidAluminumDirectSettlement.com PART II — CLAIMANT INFORMATION The Settlement Administrator will use this information for all communications regarding this Claim Form. If this information changes, you MUST notify the Settlement Administrator in writing at the address above. Claimant Name(s) (as the names) should appear on check, if eligible for payment). Provide either a First and Last Name or a Company Name (not both) to whom you would like a check made payable if your claim is eligible for payment. If you provide both, we will use your First and Last Name, not the Company Name: First Name: Last Name: K. Company Name: Name of Person the Settlement Administrator Should Contact Regarding this Claim Form (Must Be Provided): Mailing Address — Line 1: Street Address/P.O. Box: Mailing Address — Line 2 (If Applicable): Apartment/Suite/Floor Number: City: State/Province: Zip Code: Country: Daytime Telephone Number: Evening Telephone Number: 7771 Email address (E-mail address is not required, but if you provide it you authorize the Settlement Administrator to use it in providing you with information relevant to this claim.): YOU MUST COMPLETE AND RETURN THIS PAGE OF THE CLAIM FORM 76 PART III — SCHEDULE OF QUALIFYING ALUM PURCHASES In the chart below, please report separately each of your purchases of Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011 (attach additional pages if necessary).' In order to qualify as a claim, your purchase(s) must have been billed to and/or shipped to a location in the United States. Foreign transactions where billing and shipping took place outside of the United States do not qualify. Please attach copies of your purchase order(s), invoice(s), or other documentation of your purchase(s). For each purchase of Alum listed below, please include the quantity of Alum purchased, the dollar amount (in U.S. dollars) of purchases made directly from a Defendant during the relevant time period, and the date of each purchase. Amounts should be rounded to the nearest dollar. (Example: $12,345.67 should be entered as $12,346.) Do not include transportation charges, rebates, refunds, credits, etc. Date of Purchase Quantity of Alum Purchased Directl from a Defendant* Dollar Amount (in U.S. dollars) of Alum Purchase (excluding any transportation charges, rebates, refunds, credits, etc.) proof of Purchase Enclosed MM/DD/YYYY EXAMPLE: XX TONS $12,346 0 $ D —/ $ D *In the event that different quantity measurements appear on your invoices)/other record(s), you should default to dry tons if that measurement appears on your invoices)/other record(s). The Net Settlement Fund will be allocated to eligible Direct Purchaser Settlement Class Members on a pro rata basis based on the total dollar value of each Direct Purchaser Settlement Class Member's purchase(s) of Alum in the United States directly from a Defendant during the relevant time period to the total dollar value of all valid claims submitted. ` Defendants 'are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., GEO Specialty Chemicals, Inc., USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff. YOU MUST COMPLETE AND RETURN THIS PAGE OF THE CLAIM FORM 77 PART IV - SUBMISSION TO JURISDICTION OF THE DISTRICT COURT By signing below, you are verifying that: You have provided genuine documentation to support your claim and agree to provide additional information to Interim DPP Lead Counsel or the Settlement Administrator if necessary; 2. You have not assigned or transferred (or purported to assign or transfer) or settled for the same purchases or submitted any other claim for the same purchases of Alum and have not authorized any other person or entity to do so, and know of no other person or entity having done so on your behalf; 3. The information provided in this Claim Form is accurate and complete; and 4. You agree to submit to the jurisdiction of the United States District Court for the District of New Jersey, where this Action is pending, for purposes of resolving any issues related to or arising from your claim. PART V - CERTIFICATION I (We) certify that I am (we are) NOT subject to backup withholding under the provisions of Section 3406 (a)(1)(c) of the Internal Revenue Code because: (a) I am (We are) exempt from backup withholding, or (b) I (We) have not been notified by the IRS that I am (we are) subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me (us) that I am (we are) no longer subject to backup withholding. NOTE: If you have been notified by the IRS that you are subject to backup withholding, completely fill in this bubble: UNDER THE PENALTIES OF PERJURY, I (WE) CERTIFY THAT ALL OF THE INFORMATION PROVIDED BY ME (US) ON THIS CLAIM FORM IS TRUE, CORRECT, AND COMPLETE, AND THAT THE DOCUMENTS SUBMITTED HEREWITH ARE TRUE AND CORRECT COPIES OF WHAT THEY PURPORT TO BE. Signature of claimant Print your name here Company Name Capacity of Person Signing Date YOU MUST COMPLETE AND RETURN THIS PAGE OF THE CLAIM FORM REMINDER CHECKLIST 1. Please sign the above certification. 2. Remember to attach only copies of acceptable supporting documentation as these documents will not be returned to you. 3. Please do not highlight any portion of the Claim Form or any supporting documents. 4. Keep copies of the completed Claim Form and documentation for your own records. 5. The Settlement Administrator will acknowledge receipt of your Claim Form by mail, within 60 days. Your claim is not deemed filed until you receive an acknowledgement postcard. IF YOU DO NOT RECEIVE AN ACKNOWLEDGEMENT POSTCARD WITHIN 60 DAYS, PLEASE CALL THE SETTLEMENT ADMINISTRATOR TOLL FREE AT 1-855-338-6128. 6. If your address changes in the future, or if this Claim Form was sent to an old or incorrect address, please send the Settlement Administrator written notification of your new address. 7. If you have any questions or concerns regarding your claim, please contact the Settlement Administrator at the above address, toll-free at 1-855-338-6128, by email at info@LiquidAluminumDirectSettlement.com or visit www.LiquidAluminumDirectSettlement.com. . THIS CLAIM FORM MUST BE MAILED BY PREPAID, FIRST-CLASS MAIL, OR SUBMITTED ONLINE AT WWW.LIQUIDALUMINUMDIRECTSETTLEMENT.COM, POSTMARKED OR RECEIVED NO LATER THAN DECEMBER 17, 2018. A Claim Form received by the Settlement Administrator shall be deemed to have been submitted when posted, if a postmark date on or before December 17, 2018 is indicated on the envelope and it is mailed First Class, and addressed in accordance with the above instructions. In all other cases, a Claim Form shall be deemed to have been submitted when actually received by the Settlement Administrator. It will take a significant amount of time to fully process all of the Claim Forms. Please be patient. 6 79 Liquid Aluminum Sulfate Antitrust Litigation — GEO Direct Purchaser Settlement c/o Settlement Administrator P.O. Box 30097 Philadelphia, PA 19103 IIIUIIIV916Wfl�YY� 2 0 AUG 1010 Received �tilitie� T7 P1 1 1347 NOTICE ID: LAL005683 INDIAN RIVER COUNTY UTILITIES FL 1800 27TH ST VERO BEACH FL 32960-0310 III[lui-'i'liluii„11111111,,ilii-ui,llii�ii�ill�rilniiiill�l PRESORTED FIRST CLASS MAIL U.S. POSTAGE PAID BELLMAWR, NJ PERMIT #247 Electronic Service Requested M CONSENT: 9/11/18 Q61 OFFICE OF INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal; Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners ATTORNEY FROM: William K. DeBraal — Deputy County Attorney DATE: August 30, 2018 0 SUBJECT: Acceptance of Utility Easement — Chesser's Gap Subdivision Phase IV (Located Within the Municipal Boundaries of the City of Sebastian) Property located at the southeast corner of C.R. 512 and Fleming Street within the municipal boundaries of the City of Sebastian is being platted as Chesser's Gap Subdivision Phase IV and consists of a commercial lot with a utility easement dedicated to both the City of Sebastian and Indian River County. Staff has reviewed the proposed plat of Chesser's Gap Subdivision Phase IV only as it pertains to the utility easement, and recommends the acceptance of the utility easement by Indian River County. The proposed plat of Chesser's Gap Subdivision Phase IV is scheduled to go before the Sebastian City Council for plat approval on September 12, 2018. The County Attorney's Office is recommending that the Board of County Commissioners accept the dedication of the utility easement on the plat of Chesser's Gap Subdivision Phase IV. FUNDING: There is no cost to the Board of County Commissioners with regard to this item. RECOMMENDED ACTION: Staff recommends that the Board of County Commissioners accept the dedication of the utility easement depicted on the proposed plat of Chesser's Gap Subdivision Phase IV, and authorize the Chairman of the Board of County Commissioners to execute the County's acceptance of the dedication of the utility easement on Sheet 2 of 3 of said plat.. /nhm attachment: proposed plat 81 /; F W$A FW—C SMW yQ '^ V/ M Qto 2U Z CL a z big OIM OP888zR�8�c"� a �� •g z`ffiU< a o 8Tt jglln W h 1495 aS K IE a. Z 00 CO) g1'aa 38FW t 5 ���� o�W � � 8 Lb jx� Lu CO ITS 5 jR5 MAP; -RrZ sus a 5h ZN- NO€2 y i pi '4 W G M. F ,Rcg- MOOd y1 y� F � � � •�� � '<�s€ds � rn gaff �� ,.Va a ��•NK <p�Q Ai"�N �9 Ci 13 R FU i in gg lx' -R i O�jb �`ua a Hm a.aQel�ij�oala& 3 gyp aos �o in-i—E NMI w w w Ym oeR� xey� CpeoC`W- W� �WZmt-a a o ci �Z 9.1 mS rjtHM. =9-socva ..a Si, /; F W$A FW—C SMW yQ '^ V/ M Qto 2U Z CL a z big OIM OP888zR�8�c"� a �� •g z`ffiU< a o 8Tt jglln W h 1495 aS K IE a. Z 00 CO) g1'aa 38FW t 5 ���� o�W � � 8 Lb jx� Lu CO ITS 5 jR5 MAP; -RrZ sus a 5h ZN- NO€2 y i pi '4 W G M. F ,Rcg- MOOd y1 y� F � � � •�� � '<�s€ds � rn gaff �� ,.Va a CHESSER'S GAP SUBDIVISION PHASE IV SHEET 2 OF 3 PLAT BOOK: BEING A PARCEL OF LAND IN SECTION 13, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER, FLORIDA PAGE: DOCKET NUMBER: OFTWATE OF TITLE STATE OF FLORIDA COUNTY OF INDIAN RIVER . - THE LANDS AS DESCRIBED AND SHOWN ON THE PLAT ARE N TRE - NAME OF. AND APPARENT RECORD TITLE IS HELD BY HANLEK SEBASTIAN. U.C. A FLORIDA UMITEO UABRITY COMPANY: AU. TAKES ' HAVE BEEN PAID ON SAID PROPERTY AS REOUIRED BY SECTKR+ •. .. • - •. 197.192. FLORIDA STATUTES, AS AMENDED: AND THE OFFICIAL RECORDS BOOK AND PACE NUMBERS OF ALL MORTGAGES. LIENS. OR OTHER ENCUMBRANCES AGAINST THE LAND. AND TIKE NAMES - OF ALL PERSONS HOLDRIC AN INTEREST N 94CH MORTGACi UU! .. _ OR ENCUMBRANCE ARE AS FOLLOWS: 1. ORDINANCE NO. 0-67-09 RECORDED IN OR BOOK 762, PAGE 284. PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. 2. CASEMENT RECORDED M OR BOOK 837, PACE 1100, PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. DATE 0: PUT 201807.27 3, RESOLUTION NO, R-90-46 RECORDED IN OR BOOK 881, PAGE 98, PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. t. DEED Q' EASEMENT AND BILL OF SALE OF UTILITY FAou7iE5 • — TO INDIAN RIVER COUNTY. FLORIDA. RECORDED IN OR BOOK 921 PAGE 2211. PUBLIC RECORDS OF INDIAN RIVER COUNTY. - - MORiDACEES CONSERT 10 DEDICATION FLORIDA. " STATE OF FLORIDA 4, NON-CECWSIVE EASEMENT RECORDED IN OR BOOK 1140, PAGE LNIIMTI' Of INDIAN RIVER 1801, PARTIAL ASSIGNMENT Of EASEMENT RECORDED N OR BOOK 5.5,THE WDA, 1331. PUBLIC RECORDS R RlDIAN RIPER UNMSKNEO HEREBY CERTM MAT 17 IS THE HOLDER OF A COUNTY rLOl •• MORTGAGE UPON THAT OWNER'S PROPERTY DESCRIBED HEREON AS _ . CHESSER'S OAP SUBNASON PHASE IV AND DOES HEREBY JOIN IN 6. ENVIRONMENTAL RESOURCE PERMIT RECORDED IN OR BOOK ' AND CONSENT 70 THC DEDICATION OP TM£ LAND DESCRSEO IN 3M. PAGE 1129, PUBLIC RECORDS a INDIAN RIVER COMITY. ' SAID DEDICATION BY THE OWRRFR THEREOF. AND AGREES THAT' TIS FLO00A. MORTGAGE, WCH IS RECORDED N OFFICIAL RECORDS BOOK 3059, PAGES 239-260 OF THE PUBIJC RECORDS OF INDIAN RIVER ' COUNTY, FLORIDA, SHALL BE SUBORDINATED TO THE "CATION 7. MORTGAGE AND SECURITY AGREEMENT BY HAHLEK SEBASTVJA ' SHOW!! HEREON. LLC. A FLORIDA UNITED LIABILITY COMPANY. IN FAVOR OF SCRIABANK, A LOIJISANA STATE -CHARTERED BANK. RECORDED N MTNCSS WHEREOF, THE AOOVE -NAMED ASSOCIATION HAS AS INSTRUMENT NO. 3120170056177 IN OFFICIAL RECORDS " CAUSED YNESE PRESENTS TO BE SIGNED RY ITS AND ITS CORPORATE SEAL TO BE AFRKED BOOK 3059, PAGE 239 PUBLIC RECORDS CF INDIAN RIVER COUNTY, FLORIDA. HEREON, BY AND WITH THE AUTHORITY OF ITS BOARD OF _ DIRECTORS THIS --_ DAY OF 2016. 0. DECLARATION OF COVENANT FDR CROSS -ACCESS AND UTILITIES IBERIA BANK CASEMENT AND RECIPROCAL EASEMENT MTN COVENANTS AND RESTRICTIONS RECORDED IN OR BOOK 3135. PACE 16, PUBUC ' BY:....` - RECORDS OF INDIAN RIVER COUNTY. FLORIDA. ' DOUG WOODMAN, SW IO. CASEMENT TO FLORIDA POWER G LIGHT COMPANY RECORDED N • OR BOON 3132. PACE 1129, PUBLIC RECORDS OF NOAN RIVER _ ACINOWADOEMU f W MDRWAO S LbNSENT COUNTY. FLORIDA. STATE OF FLORIDA COUNTY OF INDIAN RIVER 10. CORRECTVE AND RESTATED DECLARATION OF COVENANT FOR BHEEi' WOOL• CERTIFICATE 0 APPROVAL AND AOCFPTANCE BY CITY OOUIIU. THIS IS TO CERTIFY, THAT ON _ - - THE FOREGOING PLAY AL CROSS -ACCESS AND UTUTES EASEMENT AND RECORDEDIN ANDRESTRICTIONS T314TH SHEET I OF 3 - LEGAL DESCRIPTION, DEDICATION AND NOTES WAS APPROVED BY THE CITY OF SEBASTIAN CITY COUNCR AND THE FOREGOING NSTRUMENT WAS ACINOMLEDCEO BEFORE ME THIS OR PHAGE 1�iS OF IND�EOOWR THE UTUTY CASEMENTS ARE ACCEPTED. DAY OF _ 2018. BY COUNTY. FLORIDA. SHEET 2 OF 3 - DEDICATION NOTES NERIA RANK. ON SHEET 3 OF 3 - BOUNDARY GEOMETRY AND LEGMO JAMES STOKES, CITY ATTORNEY dM HCL, MAYOR BEHALF OF THE ASSOCIATION. BY: DATE:___ FRANK WATANABE. P.E. JEANEi1E MWAN S, LMC —�— N01ARY PUBLIC TAYLOR D. WARD FLORIDA BAR No. 0811314 INSTRUMENT WAS PREPARED BY: SHERRY L. MANOR, PSM, CITY ENQHEEH dtt CLERK .TMS PERSONALLY KNOWN _ OR PRODUCED 104 LAKE HOWELL ROAD, SUITE 1001, MAITLAND, FLORIDA 32Y51 CERTMATE W COURT gIItK TYPE OF IDENTIFICATION_ __w STATE OF FLORIDA COUNTY OF MOAN RIVER OFYOP OLBTNOF OIC OY.ETM OF, BARK AMASTIAN OROIdTCOURT TNBBOARD ACCEPTANCE OF DFDICCL— BY MIDAIR RIVER COUNTY I. CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA, DO 00 INDIAN RIVER COUNTY HEREBY ACCEPTS THE DEDICATION OF THE HEREBY CERTIFY THAT I HAVE EYAMOQD THIS PLAT OF CHESSER'S { UTILITY EASEMENT. DAP SUBDIVISION PHASE IV, AND MAT IT COMPLIES WTH ALL THE LV S INDIAN RIVER COUNTY RRCOUREMEHTS OF CHAPTER. 177 OF THE LAWS OF FLORIDA. TMS PLAT FI� ATTEST. JEFFERY R. 5M0TN' 208. ANO RECORDED ON O FOR RECORDSP CE _OOF PRAT BOON _ niav - CLERK OF CIRCUIT COURT BY: ___�__�_ AS DOCKET NUMBER N THE OFFICE CE THC AND CDVPTROIIER PETER D. 0'BRYAN. d1AIRMAN' CLERK OF COURT OF NQAN RIVE COUNTY, FLORIDA. BOARD OF COUNTY COMMISSKNERS or. _ LTV: -. DEPUTY CLFRN BCC APPROVED: JEFFREY R SMITH. GERM OF GIRQAT COURT @ COMPTROLLER INDIAN RIVER COUNTY, FLORIDA t g m 9 �Lb - .y�/ s�•�/ o/ \er .o ° �3'h � fes' os g-„� W \\ o ` Iz.BL o - oaf d. Li NA, -Rmd y ?'o N �11 lN H �ga 1 \ 1 za` e-� R i y I 1^ ?i 1 I RI I o " 9 �Lb - .y�/ s�•�/ o/ \er .o ° �3'h � fes' os g-„� W \\ o ` Iz.BL o - oaf d. Li NA, -Rmd y ?'o N �11 lN H INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: I John W. McCoy, AICP; Chief, Current Development DATE: September 4, 2018 SUBJECT: GRBK GHO Lake Sapphire LLC's Request for Final Plat Approval for a Subdivision to be known as Lake Sapphire West Residential Subdivision [2016070128-80535 / SD -16-12-05] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 11, 2018. DESCRIPTION & CONDITIONS: Lake Sapphire West Residential Subdivision consists of 18 single-family lots on 9.54 acres located on the north side of 5th Street SW, between 43rd Avenue and 58th Avenue. Specifically, the subdivision includes the parcel west of the Lake Sapphire Subdivision, as well as Lot 4 and Tract E. The proposed development is a partial replat of and addition to Lake Sapphire. The subject property is zoned RS -3, Single -Family Residential (up to 3 units per acre) and has an L-1 (Low Density -1, up to 3 units per acre) future land use designation. The density for Lake Sapphire West is 1.90 units per acre. On January 26, 2017, the County's Planning and Zoning Commission unanimously granted preliminary plat approval for the Lake Sapphire West subdivision. The applicant subsequently obtained a land development permit, constructed the required subdivision improvements, and it is anticipated a Certificate of Completion will be issued prior to the September 11th Board meeting. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Lake Sapphire West. ANALYSIS: All of the required. subdivision improvements for Lake Sapphire West have been completed and inspected, and it is anticipated a Certificate of Completion will be issued prior to the September 11th Board meeting. As part of the Certificate of Completion process, the developer is posting cash as maintenance security to guarantee the road and drainage improvements. All subdivision improvements (roadways, utilities, stormwater treatment system, landscape tracts) will be private, with the exception of certain utility facilities (water & sewer lines) which will be dedicated and guaranteed to Indian River County, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. C:\Users\legistar\AppData\Local\Temp\BCL TechnologieAeasyPDF 8\@BCL@BCODC7A2\@BCL@BCODC7A2.docx 85, RECOMMENDATION: Based on the above, analysis, staff recommends that the Board of County Commissioners grant final plat approval for Lake Sapphire West Residential Subdivision. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BCODC7A2\@BCL@BCODC7A2.docx 862 LAKE SAPPHIRE WEST RESIDENTIAL SUBDIVISION A .RE -PLAT OF A PORTON OF TRACT 7, SECTIO14 71, TOTMSRIP 33:5, RANCE 39 E, INDIAN RIVER COUNTY. FLORIDA AND A RE -PLAT OF A PORTON OF LAKE SAPPHIRE SUBDIVISION, PS 27, PC 19, INDIAN RIVER COUNTY, FLORIDA. FIRST AMENDMENT TO THE DECLARATION OF'COVENANTS, CONDITIONS, EASEMENTS, RIGHTS: LIMITATIONS AND RESTRICTIONS FOR LANE SAPPHIRE SUBDIVISION RECORDED IN OFFICIAL W � 1�5I6G' . RECORDS BOON 3083, PACE 1094 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, RCRIDA. C619X,1NJ 9. I MATCH LINE SEES ET 4 SM307JT 1$7.7.7• I T 309507.rr r zz LOT 17 i' ' i Il5 I . _`I��p• IIATER MANAGEMENT TRA ,_ A �,v g Qi LOT 7 Q 15.0' LAKE MAINTENANCE �17'�T� I I ,,, i iE I$ 10.1Y.UMJTY I ' �P I+�,�. $ _ �H Oc I (�.��B��br • I R=31. `SSSE75Z' �j., � I�'!' EASEMENT (TSP.) se9soYYf r4Rer• I •�J 4 i oz� � t _y d0.0• /LY✓/ . NZVW73"W NI,EO' THE LAKE SUBW.1510R UTEITY IIT. I :I^a�EASEMENT ll 27. r. PB. 27, TR 19 LOT t Q TRACT E. (TYP.)°qo6LOT a *A-470,�. 6 LOT18 -., j 4=31.45 .r` \ "'-! !—EASEMENT (TYP.t 4 RFLR001ON AM ANO DIMU EE EASEMENT NANa a:Tea rF.mmm a RA IAT 3 1z `- 24 a i + 3Ai93' "TRACT T -'_ - A•-asm•. L1�, f �1/1��'�2•A�20'SR' .•~1 W � 1�5I6G' . 5.o'.uNE ` f 8.!>i977297 S.O IAY7� SPACE ANO C619X,1NJ 9. MAINTENAN6E' EASEM�I. �03�6 , I'. .(iT Eldli 560 R/W THE MANE SAPPHIRE 19 19 RIB PR. 2],, PENT : - — rnecz' n '' _ - `•.,.�� �W � . _`I��p• IIATER MANAGEMENT TRA ,_ A �; ` t LL fir: MFFERE MOIAAISM4PRM) 15.0' LAKE MAINTENANCE �17'�T� I I b RSD ' Sf7 HN 72Y RA THE L'KE SAPPHIRE SUSDIFISION PIL Tr, PG 18 EASEMENTL 8Y5' I e-raan N890o551v r7.iM" a-rQ7Oo• I+�,�. '.LINO USE: L- SUSIAIERAL B-6 36 (�.��B��br • I R=31. `SSSE75Z' �j., � I�'!' UNITS OF THE REPEAT OF --_- _ PLi1{------ _ i 1 /LY✓/ RFSRaCTI0N30N 0EVEL0F6ENEBffDREM1JNO PUNS FOR THE LAKE SUBW.1510R 3p nu� � a 97. SEm N 17838YQ7A6 ll 27. r. PB. 27, TR 19 LOT t Q TRACT E. Sf7;W -------------- --1AKWOUISUMEB -£'Jo_'------------ ',j fRT9RFl.79 NpA59/S(5l7A05NT'SmTRrICP D M;,msm W.OHOf✓D BF:111I10 LANDTN f 8.!>i977297 S.O IAY7� SPACE ANO C619X,1NJ RAMRbMdYAY NA.YAr MTVA ,OPEN 60.0'(O.R9.1af0. ACCESS 'RECREM AREA PLN. 975) EASONENT RFIT.RSI•WIl9- fill 0,. eO.0 X %.-lAND3GR11EYINGeu3eFaa DA.-111WAMCJ=111®uTIUTY 5TH STF',fET S.W. (REBEL ROAD) 90' 111 90.0• 6YMBDL LEOB® YOWKNU OURVEYM 0 aET AfOONCR[fE P19MANEM OAT@OCrWER9LNiT JO' R/W PER INDIAN W1IER FAFM�.SUBDIA:ION MFFERE MOIAAISM4PRM) O 1ATCdtvtNY1NIX6TER =•'PLAT BOOK 2 PACE'25 PUBUCgECOR05, 5T. LUCIE COUNTY 5R'IRCi LPPEFOa THIS PROPERTY MAYBE SUBJECTTORADONG DURNGA TOO AAJAMNT SW. CORNER TRACT -B, J0.7' INON RAflt FMYIS Y611ER 20EAN1 R9 -s 21, TVPP.'33S, RGE.' 39E CONTROL@TIRICT '.LINO USE: L- SUSIAIERAL B-6 36 ADElmdaum LMEAAIOe MRW1ENANW FAPEMENT .-PORT110011,11,018 O.LI .Oa1GLOR MONWQtT C TIR®CORMfli RECORD POD•POMOFCOYI,ENCEY POP. P6UIYFMOOR!ROL C L.CHORD PRN. PFAVAMYMRFFLQEM YMwum1 W.OHOf✓D BF:111I10 LANDTN FO -TD<Ry r.s .EAaET�/T W1'ORP A'Aq�REcam BOOR P0. -PAW RAMRbMdYAY NA.YAr MTVA alE.. PROlaNDtiRL UV10: RNRVEY011 IRC.IRW In-IRCwu ROOANDCAP' (W:RA� NAVO.��AYEPIOtlt YEI %.-lAND3GR11EYINGeu3eFaa DA.-111WAMCJ=111®uTIUTY TRACT N'. \. THE LAKE S;PPHIRE SUBDIVISION PB. 27. P^ 19 87 ViTTPA4001T3 11 D , :i raAc! A c::.:. : N—th D • GRAPHIC SCALE SRU MDE ( >a ) N07 TO W" L IR9i -4o IL RI® ftClVRE3RNAN1"MPW 6YMBDL LEOB® YOWKNU OURVEYM 0 aET AfOONCR[fE P19MANEM OAT@OCrWER9LNiT MFFERE MOIAAISM4PRM) O 1ATCdtvtNY1NIX6TER $�ilA2AAD NAINlAi• 5R'IRCi LPPEFOa THIS PROPERTY MAYBE SUBJECTTORADONG DURNGA TOO ®p�Tp TPF YEARBASERZOOEYFM,YOUDOULDCONTACTLOCAL BUILDINGAWMNNG OFFLTALNAMDOIRNMTHE LATEST HOUSTON, SCHULKE, BETTLE,63TOODARO, TMC. DIEM SHE] WORMATION REGARDING FLOOD EIEVATIONSAND MERIDIAN RFSRaCTI0N30N 0EVEL0F6ENEBffDREM1JNO PUNS FOR ■ AL •.A� 11iNE U9EOFTNIS PROPERTY. "1 111TrvOARyrvaReLW. SVIfe A{ YEROBNCR PL! DCLuaSN T ]JS:34IAI.TVF �ILT}LIRR R. LYYYan A.'N_IaTMLNlY a 87 ViTTPA4001T3 LAKE SAPPHIRE. WEST RESIDENTIAL SUBDIVISION A RE -PLAT OF A PORTION OF TRACT 7, SECTION 21, TOWNSHIP 33 S. RANGE 39 E. INDIAN RIVER COUNTY. FLORIDA AND A RE -PLAT OF A PORTION OF UNE SAPPIdK.SUWYISWK PB 27, PO 18, MAN RIVER COUNTY. FLORIDA. FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, RIGHTS. LIMITATIONS. AND RESTRICTIONS FOR LAKE SAPPHIRE SUBDIVISION RECORDED M OFFldAL RECORDS ROOK.3D83. PAGE 1D94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. NODH 1/4 CURNIN 5ECTON 21-33-38 N.E. CORNER SECTIDN 21-33-39 FD' 1/2' IRC MM A AMOOK0 ID PX&D L97545 N 1114100,1378 N 119637,LnIS 7.1*&wtx84 TRACT 2 .pKimm A E11840598.1931 2W H/W NW CORNER TRACT 8, 1R.721-33-39(CMCJ ATEDPam" NY S7'A9W 2ZmI � 3176• LAKE N 113K9.ES79Gl R SEW2W'SA9•.T/S /J' N I/aR721ArA'I ----------------------- ._____-__-_- 139Y66WX LOT 10 P Lar 13 LOT 14 hTi TRdGR' B 160` LANG 1 'uAildiEFAN^� n LAIM STORWMATER MANAGEMENT TRACT y1 •fasmVIA TICHII EASEMENT M17.Q• 17.0' INWNAGE 19.G' LAKE rrr, `! LMar1A1W WMENTM6E fi1BFNENI N•.VOMCP NO11YN0 o-OOt723T EASEMENT %%ll YNNIENAN(E b' .a1d.�O�A�CTeAtuMaBlf Vat-POINTOFCO MEHMpAR ��.ii L+PA71' EASEMENT t 1 C.CfV eFlaifi�CONIF1i NE00RD !V -r9MJHM OOJfNOLIMR " Hon9trs r7aParw ai"ocRD PRY-FBaU N�Jlf 1EFFAF31C9 7.aP' Op'47'S - 769' Ca-CICRD •EV•No Fn .Fa1ND IAT I a ' _ DY PBFLA7IN=LNlO �AeQ,a"NTR0OFaWAlA1115 LAKE AIND, A-RLLA EASEMENT S0i 7.7• LOT 12 O��GnEaPO €IIG 70 I NDOyyMWL tUw-1DRNIMHACAN Al 1 73' F. -Mm.. BUSINESS AY..RWw 1N0E ANO VIR/i•/ LANDSCAPE _1 EISEMEN f5 ' 12 Ig LOT t2 10 1 13 � A�II TAS' 1 18•L7 H:;:S: WT a \-/ A bvw Rl WH ewALWL 9FACEAm, wa=An , 11777, a '1 dam" _ +5 Ila vow \\ nosh IAT 1{ 7N VIDSCAPE A a 14 U �.) 1 koo 97 Law LmuTr Dy t I EASEMENT (TTP 1 .avloYa£ 711.60' t I" UTILITY1 }" Ir I ABPaoYaM i g � St fae�k i E 8 13 I U7r 1s i ; LET 17 7 ; I gi 16 1 I 1 r r LOT 10 TRACT G OPEN SPACE AaD Fels am AREA Awa �. t2 '€ 500 R//qq THE LAKE SAPPIAiE 918 PTL 27, PG. 19 \\ nosh -7.5' VIDSCAPE A GRAPM SCAIB LOT 9 St fae�k i � GI �~02��PEIIJI I; rT 8 O LaTco AmumvERaET �• " ROOD HA71JiDWARNRIB: SW`KAO•l1MKATi 'S m � IMPROPEFMLUYIEMIB CTTGiiDMMMJRHIA1W YEAR BASE FL= EV ENr. YDU &i= CORTACT LOCAL Y"NBMDMN .DMCWAMDOETAINUSLATW HOUSTON, 9CHUUtE. 1111 9iCRMATONitEQAIODNOR00DL31dATtOMBAND Mr=F LATCH LICE SEE E7 3� eaGLEKexiPLausFnR L� WiN`xm eNAmuaAmi __.it. .w�:�aaa>>aooar3� t t #t . t .AU smToundn g properties zoned RS -3 r Eilr r Subject Site si Zoned: RIS' -3 I 4K t ITt+ ST 4A tdtt 144- Pt$ 11 of CIL -ow •i �i ..,....1.�.4,w..........i'�'',�' iM2i► i'Sirw *p�71 " �.�_I, f ..tr"�� f �� � i ! ..., 89 m?AcmfiiT 2 LAKE SAPPHIRE WEST RESIDENTIAL SUBDIVISION FA+Tsow A RE -PLAT OF A PORTON OF TRACT 7, SECTION21, TOYMSHIP 33 S. RANGE 39 E, INDIAN RIVER COUNTY, FLORIDA AND A RE -PLAT OF A PORTION OF LAKE SAPPHRE SUBDIVISION, PB 27, PG 70, INDIAN P.4� RIVER CC(AM. FLORIDA. FIRST AMENDMENT TO THE DECLARATION OF COVENANTS. CONDITIONS, EASEMENTS. RIGHTS. LIMITATIONS. AND RESTRICTIONS FOR LANE SAPPHIRE SUBDIVISION RECORDED IN 06 CIAL RECORDS. BOON 3053, PAGE ID94 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. DOQIC£T Na sD9T975c 1477r T 569507YC /4781 I MATCH UNE SEE 5 ET 4 LOT 17 -i I I LOT j 17 10.0, UTILITY -I �� uP EAS04INT (TVP.)n _ I yy, f 56970Yd•E' f97.SI'��i. Op I AWWO73M 147.80• I _' L QYII i �5 '�d tad URIn ki I EASEMENT (1YPJ�i AT�'Il' 'I QO LOT 6 � 4sD'dv pp o m 7.s LAaoscAPE LOT IB i =3 I .�.,L \` e�tT04T' "•'� W EAnMENT TW.) ^' I s�soYTf 000d"''' L ♦i . it=/Ss� .1 rRA.CT 7.2 57 ` c :W . 7 T0 AEME41M ATEA LANDSCAPE EASEMENT 4 JTuu If, r �. `'.e; g AMD CPAMVE. EkSEUE i`• tt I (A�gJS � .,�.� C G l,� •"7 ''^ /K�SOSs WT. .til �( {, //yt'' •pa .{tra. ��'' '� eaaBacan9in p•� I.^q p�TS �/ R� S�.'� C ��_/-�+p.� I � .M1 __ /{gI LAID KNtFi M,M1EW4L4 FAeEMEMi 9� LLx°ry! /A��A.\ ?'gd V� 6v. oF`'iJY..l�l n _ //<y�' � �/ 1 :�'.'Z ..... •G�L•R ueEamaWIWEA awEmaO 31u... R % e=ii /9t?".ryap�gP,=IlAI37n1E1PAtc ° 2 A r�r-<_ a xT •Ea3 I Tf s � baTJ > � I �'E' R-asa7 rc v p Ode . mo, LANE .` T1' eD 580' 4/9/ iR S MAINTENANCE .:..., `1 EASF)IENT it -0 SET $FJ i7dY THE LANE ."•11PRIB 1 P8 ?7„ PG.a. in t9. TORWMATER.MANAGEMEMT TRA``. at >•p �'� :if L 291u ` I _ 110'. UNE MAINTENANCE It �` I B I INE LIKE SAPPHIRE SUBVF,1RJN 8" CASEMENT p�f005�TU I. PD. 27. PG 10 1 ^ A'8PMIM•WZ74201' - k-ld000• /027x41' I"� �JA � ` `..•c__ --------J '�uI3(.p•. I�' .: UNITS OF THE RERA1 OF __ Z32¢'_- ___ _•a- ^I AiPY I •' THE LANE SAPPMOIE SUBOE1RON - SET ABB PB. 27,' PQ 19 OIL•Ci161q Le•cHaro aFAlllNa, L• Tato tcnDm DNPIAT RgK(& aeclim N=m-PA IYi •PADS Pas.Pav�rawALIANp.. iuNVEvoa L6. •LNIDJIWI4ETIN0 MAi6Li SET RN -------------- --W165CLef 9UIEf8 .re93D sg s±s9s___ a 97.0/ H AdSBIQ7E0 'LOT 4 d TRACT E C&iA%l.219 N I189911ri AlBD�O^3,7'MJA590' 7?KCT D E'AYD77.297, -9.0, UMSO6 NrmI)Mw OYMBOI LEOENO MBOOIAYIANDBURVI AI EN,SPAOE AND ID.O'(O.R.8.1 s19: AOCk55 ., RECRFA71M ARU Pa. 225) -EASEMENT CG9IT. NJ DYNM3/'MAMP, '1150' 9Q0, AND DRRK"GE EI<SEIIQIT STH. STFiET S.W. (REBEL ROAD) 90' R/W OD.o'; TRACT N' THELANE S•PPNpLE SUBDIN70N Pe. 27. P^. 10 \ 30' R/W PER INDIAN RIVER FARM: SUBDIA_7I_ 'e'&PLAT 90OK.2 PACE 25 PUBLIC. RECORDS, ST. LUCIE COUNTY :OO' ®�\ ADJACENT SW CORNER TRACT B,- 20MNa R5-3 :.EC. 21. TWP. 335. RGE 39E pq' INOWI RIVER EARNS INNER r1 e.ln 61EAP}TC SCALE LANG USE: L- CONIML OISIRC7 SUBIATFIBL 84 31) RESTRICTIONS ON (IMLOP ENTBUMAWCIO PLANS FOR (g 7[6rI NIDI TO SCALE I Metra (L P® IT:I2WIESN.9.LNWMPlW OYMBOI LEOENO MBOOIAYIANDBURVI AI 0 SEThlWNR¢iEPWNA'EM OAl&OCfOBFR N,Nt7 LIIEiTLF tMa0AtI11T �aq -T D IGT MK47ARDWNWM e�Ta'iRFteMl6Srunm . -1X15 PROPERRI'7JAYBESUBlECTTO ELIDING OUNNOA 106 pq�Ly YEARRASE FLOOOPMR. YOU9E111(D CONTACT LOCAL BULLANCMIDZ N90FFLML4ANOOBTAIN7/E LATEST HOUSTON, sCFgIU(E, BfT1lE,08T0pOMO, MNG. OVBIA SHE IRo BAAnaI REGARD NG FLOODElEVk7gBAND MERIDIAN RESTRICTIONS ON (IMLOP ENTBUMAWCIO PLANS FOR L_euRVEwLB TNEUBECFTHIS MOPE". nvwmANNrvenRLVo.slmsyTp1 YENp IRAC1I.PL "X0IBMAM I nNIIN. Tn:;awr.t.tx m.IF4NN0 of MAIL: LEAlmn iilL11tI1KNih LAKE SAPPHIRE WEST RESIDENTIAL SUBDIVISION A RE -PLAT OF A PORTION OF TRACT 7; SECTION 21, TOWNSHIP 33 % RANGE J9 I. INDIAN RIVER COUNTY. FLORIDA AND A RE -PLAT OF. A PORTION OF LAKE SAPPHIRE SUW%0ON. PB 27. PO 19. INDIAN FINER COUNTY. FLORIDIL FIRST AMENDMENT TO THE DECLARATION OF COYMANTS• CONDITIONS, EASEMENTS, RIGHTS, LIMITATIONS. AND RESTRICTIONS FOR LAKE SAPPHIRE SUBDIVISION RECORDED IN OFFICIAL RECORDS BOOK3084 PAGE 1994 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA N= 1/4 M10O SECTION 21-33-39 N.E. CORNER SEC90N 21-33-39 FD 1/2- IRC GIRILR 3 ASSO3A7ES. W PNAD L07545 .. N 11m4tIO= N 1189374.7515 E By/M.4311 C ODRN RM31 FAROS YWTER TRACT 2 TACT 1 E 910598.1931 j s m msrt s er_vwv wase' 739 NR CORNER TRACT 9, - TRACT 7 1RAri*- 21-33=39 (CAUMATED-POSTtm n$ ADJACENT 27 A3,u2 NG � /7A' LAKE N N7869.JSNR71 NNN7R , f dBStl.3/81 56976'sF7' 3NS //' EASEMENT SET PAY N tl&- L0F21 i� M9076'A----------------- I V C�.H�9e,Ip"�1 LEFT 10 4i7� �17� 9 r. IDT 13 IDT 14 1 TNACT B 180 LAKE 1 17.0' LAKE STORWMATFJi MANAGEMENT TRACT MEAO�VJTC[ZM - .MAINTENANCE EASEIYFJIT NZ R-1 7.o 15.7 DRAINAGE- }R.�, 15.7 LAKE 4 EASEMENT MAINTENANCE 4" V' � opi�t' ETE NODntss yyv7E !"1 Shy xmy�r.7m�nP T R.R RJf CL'O Cf ATROCRuSIFleE�16TIIn. LOT 11 15.7 LAKE se95P73�.. .2'-J" � T'I 'F /9.+ruT9aac ' !b• Ra" - 0%�1a+ owOFRMLRE001m1I00K MAINTENANCE °- 7.D'+j ' ,1a.PPRROfi'3V"LANO Am - mm �I 7.9 bs 1 lAr 12 R n t 7.5' L9.. RADM0M%ETN09000S SC u(17 1� 11 I 1!r v E(LANDIPE X1210 1 13 LOT 13 LOT '147PE .1 g 24� `R •� 7P 1 i 11 SCA L.- NET 1 1� 1 187 UTILITY EA T i NSC Q}09Wn'P.) 1 0H! 1'•-'usngNT (TYP ..r t S89S073T a160' 1 I .N�97737Y.1 1 ML7 UTILITY k EASEMENT (Tw.)' s LOT Is 8 I 15 m t I 1 I 1 I „ A66 Lor n 7 � I g 16 ' 1 I 1 �n hog LOT 10 -TRACTOPEN 40) SPAS ANOD Forl ARRA 80,7 R//MM THE LAIE SAPPMIE SLID P& 27. PLL 19 North L5 LANDSCAPE EASEMENT GFA3WC BC= (TTP.I aZ4 LOT 9 E ems` a K � E I'rT 9 D uffcO 4mMAmftT u: 91PRR¢.umom m MFyI iN19PROPFRIYMAY9E9U91ECTroFiDDDPI0WRN9AIIO APo"re-mLimem YEAR RASE FLAODEVENr. YOUSHOAD CONTACTLOCAL MKONOANDMINU FACMLRANDWAINTNELATEST PEDAItlNOFiOO)LTE17GtONBANO HOUSTON. IICHUUTE.B MEF NfODMA110N 't�0t MATCH LINE SEE ET 3 �NsaOVEIJ PMENTo"EMAIMKA RFOR tw Ii. TEU'.BOFTNSPRMN. 1717DIOAN,�iWL1 N� P112 IF7WWYMERMED9f WMtl/bRmNLpMRLHA I LAIOeURALYOF7 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Cory Richter, Assistant Chief Fire Rescue Division DATE: August 8, 2018 SUBJECT: Approval of Renewal for a Class "E1" Certificate of Public Convenience And Necessity for Stellar Transport, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On October 18, 2016, the Indian River County Board of County Commissioners approved a Class "E Certificate of Public Convenience and Necessity for Stellar Transport, Inc. to provide Wheelchair and Non -Emergency Stretcher transport service originating within Indian River County. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire on October 18, 2018. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to. believe that the public. health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "E1" certificate has been submitted by Stellar Transport, Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 92 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B1" Certificate of Public Convenience and Necessity for Stellar Transport, Inc., to be effective for a period of two (2) years from October 18, 2018 to October 18, 2020. ATTACHMENTS: 1. Renewal Application from Stellar Transport, Inc. 2. Two (2) Certificates of Public Convenience and Necessity for Stellar Transport, Inc. 93 y,INDIAN RIVER COUNTY DEPARTMENT" OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. C?,This is a renewal of our present COPCN. This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ _BLS ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ iBLS ,ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfer . Class E fm Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services ditly or indirectly with ernment funds. are paid for in pari or in whole eith�heelchair/Stretcher v: � Class E1 wheelchair Ambulatory Transport Agencies that provide wheelchair vehicle service where. said services are not paid ca> -� for to part or In whole either directly or indirectly with government funds. > uj v) �1 x: c C-3 -UJ= d U:\Beth\Beth Casano EOMCOPCM.RENEWAL PACKETSICOPCN Application.doc I 94 11. COMPANY DETAILS 1., NAME OF AGENCY: *Wc-%e'T,(0vvN50o/ MAILING ADDRESS: TY3 (S U j S e l uj �H 2?y CITY I "�pt �I�- COUNTY 1�1' Lt!'G✓✓L ZIP CODE: _ Zzi D ( BUSINESS PHONE: U 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): 1 ert 04-1 ` 3. MANAGER'S NAME: LUIJ bav='v ,V5 ADDRESS: 61 C j :H + 6i �t i US a . ( 6�✓1t- - PHONE M Z (' 7 7 5- 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME L/0 ok+� D S. NAME ADDRESS 9�)6t,1P,( r. POSITION 1�c4��tti. V1ce AeS PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES &�c Ve v ADDRESS PHONE # 7 Z 1157a 7.1z53-2 Z --5-6 "-S%C)?-- �Tr lbN 5 Y UABeth\Beth Casano EOC%COPCNIRENEWAL PACKETSICOPCN Application.doc 2 ,� 6. FUNDING SOURCE: ffc t-04, �� 7. RATE SCHEDULE ATTACHED? YESP NO ❑ N/A O 8. LIST THE THE AD''DiiR tESS(es) OF YOUR BASE AND ALL SUB -STATIONS: D � `C� t �'t t b f, 3 L ✓S f ' � � J v l �. � SOU III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: C, �&t.Id 1. RADIO-FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION U:1MMDeth Casano EOCICOPCMRENEWAL PACKETS\COPCN Application.doc 36 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered.. 3. Factual Statement indicating the ability of the applicant to manage and provide ther proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: ✓a. Make, Model, Year, Manufacturer b. Mileage rc. VIN # ,/d. Tag Number Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) NI R 8. Personnel Roster. For each employee provide the following: v- a. Name — Last, First and Middle Initial v/b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. J 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UABeth\Beth Casano EOc\coPCN\RENEWAL PACKETS\COPCN Application.doc 4 97 V. NOTARIZED STATEMENTS Fill in Statements as applicable. the representative of Applicant Name � T f (�Sj d / -r 1 �u&, do hereby attest that the Business Name of Service above named service meets all the. requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. I the representative of Applicant Name do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part 111, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. AP �LICAN-a�IGNATURE ' DATE Before me personally appeared the said (_LA -i S who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and -subscribed in my presence this a l5 day of t��� '2015. nQ �ilc� My commission expires: IZI 14 Zo I NOTARY PUBLIC aW Ou„ Notary PUNIC State of Florida `*, Susanne kiudacek&O cq' a . . My Cornmiss!on GG 166246 Aja^ Expires12t14r2021 (-^ptL / PCN\REN&AL $ACK \COPCN Application.doc 98 AC CERTIFICATE OF LIABILITY INSURANCE FDA lle�RbP zrz,reo,e THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Tara Camey RRL Insurance Agency 4450 W. Eau Gallie Blvd., Suite 115 PHONE .{ c�, o' Emit 8 407-4077INC, Nuts .321-752-7980 Melbourne FL 32934 Ao L s; tcamey@rrl-ins.com INSURER(S) AFFORDING COVERAGE NAIC a+1 i A 1 S INSURER A: American Automobile Insurance CO. 21849 ! YAMS INSURED STELTRA-01 Stellar Inc. INSURER 8: �___._......._... W... . 301 E Hibiscus Blvd 1EHibiscus B INSURER C- l INSURER D_ Mclbourne FL 32901 _ INSURER E UMBRELLA UAB i ! OCCUR � i I # I INSURER F : COVERAGES CERTIFICATE NUMBER: 688607023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR. OTHER 60CtJIktEW WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANIS CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 13Y PAID CLAIMS, LTR I TYPE. OF INSURANCE. I D B POLICY NUMBER -I PhOULD EFF . 1,=., V"Y i LIMITS t ".8 A X COMMERCIAL 0 ENERAL LIABILITY MXCEt 12( i 2MMS _�pHOCCIUR.RMICE S 4 ,000.000 ~—" CLAIM -&MADE �-I OCCUR fI rEy S 700.000 SE^S I MED EXP e -ay om peri 1 s 5,000 j { PERSONAL S"AOV INJURY S 1.000 000 ` GEN'LAGGREGATE LIMRAPPLIES PER:�GEN°Rillh POLICY l E T LL_. LOC ; i i ,EG.ATE k 52,000.000 PRODUCTS•COMPK)PAGG S.2.000,00D OTHER: f - - - i A 1 S A ` AUTOMOBILE LIABILITY; MXC805Mt2 228me ! YAMS { QMOM 6IN["JTSViCI;E LIMIT I S'1 L..��..�„,�...1. ' • ANY AUTO s i OWNED r --x-7, SCrEDULED i AUTOS ONLY �AUTO - HIRED i X (NON -OWNED E t AUTOS ONLY i_1 AUTOS ONLY i BODILY INJURY (Per parson) S BODILY INJURY rttad rtl k S ice+ i UMBRELLA UAB i ! OCCUR � i I # I � EACHO X UAIRSNCE` S EXCESS LIAB I t OE,O 1 RETENTION 5 WORKERSCOMPENSATION i ) ( PEt h!• �pNOEMPLOVERS`UABILiTY YIN (--_- (F '"' y IIIIIIANYPROPRiETORIPARTNE.-R/EXELUTWE OFFiCERIMEMBEREACLUDED4 !'! NIA� t EJ- S `IMyyaeensadatoryryinnNH) � I ; dOH) .._ EL DISEASE • POLICY LIMP ; S DESCRIPTION OF OPERATIONS below I s j Pwftsianal Uatiuty f DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as additional Insured with respect to the operations of the named insured only, CERTIFICATE HCLDFR r:lrh(r:Fl I ATI(w in 191988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF', NOTICE WELL BE DELIVERED IN ACCORDANCE WrrH THE POLICY PROVISIONS. A2C 16331 BAY VISTA DRIVE AUTHORIZED REPRESENTATrVE CLEARWATER FL 33760 191988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 9 Vehicle Information -Stellar Transport, Inc. 2012/Ford VN VIN: 1FBNE3BL4CSA08989 Tag 412112013 2014/Ford VN VIN: 1FTNS1EW9EDA82751 Tag #02288299 2011/Ford VN VIN: 1FTNS2EWXBDB35958 Tag #02288264 2012/Dodge VN VIN: 2C4RDGD5CR108779 Tag #00773909 2012/Dodge VN VIN: 2C4RDGCG5CR153982 Tag #00773908 2015/Dodge VN VIN: 2C4RDGBG3FR649241 Tag #00211362 2016/RAM PK VIN: 3C6TRVPG8GE108457 Tag #00773906 2016/Ford. VN VIN: 1FTYE2CMOGKB15761 Tag #00211358 2016/Dodge SW VIN: 2C4RDGBG2GR236616 Tag #00121735 2016/Dodge VN VIN: 2C4RDGBG4GR256012 Tag #12112124 2016/Dodge SW VIN: 2C4RDGBG4GR236617 Tag #00213063 2016/Dodge VN VIN: 2C4RDGBG4GR324602 Tag #00213078 2016/Ram VM VIN: 3C6TRVPG5GE103815 Tag #00213091 2015/Dodge VN VIN: 2C4RDGBG2FR702138 Tag #00213105 2015/Chry VIN: IC3CCCAB3FN666064 Tag#00889201 2017/Dodge VN VIN: 2C4RDG13G7HR567368 Tag #00889181 2017/Ram VN VIN: 3C6TRVPG8HE522677 Tag #00211356 2017/Dodge VN VIN: 2C4RDGBG3HR687071 Tag #00211359 2017/Dodge VN VIN: 2C4RDGBG6HR746825 Tag #00211352 2014/Lark TL VIN: 5RTBE1215ED041860 Tag #00773907 100 1 812!2018 CTS Software, Inc. - Trip Master Enterprise Edition Ounint Cary anrr Yttlb C ICBal S nrr . • firas t 2 ' 3 4 test C. Vae . 1RPln symedsam VehiclerVU60 r , Due In Days ADue In Miles Suggested Sarviw Open Requests Maintenance Plan ADtl004rFA188e9 , - to_0,1148 Vora{rn: iA,4 Vin 16 S r 2058 + 0 rrcara � Mini Vans • wits, 9 Rear � � 2716 + Mini Vans • scnmme 6Rear 3 7993 +4C•.+e r. Mini Vins • trip 4Side 183548 3091 +0C—te + Mtro Vont • Valwlanaq 1 1 Van Y 34309 ! 3298 + 0 a.,x targe Vans • v IS Arr 62161 4j 3362 +G:nate - Sedan • tabs<dproa . Trips Van 7 149650 361 B + 5 Ger.. + . targe Vans • - 7 Rear 94796 3875 + 0 rm'm Mini Vans • w+•w Aeta• ,uan Van 177558 1 J 4W:+4eexc 4 ta+ye Vant • 11 Rear 96000 3 / 4169 + 0 Crcarn •i• Mini Vans • Yahider WR to askaed Whim plourM Sary gVrA•Re�YOpe �1� C S��'r CC•t 1 �=• ��� 101 8/21.2018 A A,11 CTS Software, Inc. -Trip Master Ent&pfise Edillan 4, him" AM x 1 2 1 A a Lao OdOMEW —bu* in D&fs A o" in MOF -4 loggelledStfkei Opel, "Vesis lim + + 10 4. OW9 + Cf3ricr + t YtJkttrt Monf Wm ift VI" 9 93r,4 + + Wo 107,45 Ltrgr Wfa 12 R a? 7W, 4 30 + + VA.L" mim VarK fr- s td lut9l LI 357 4 0 C�m-- I mot vArs 4w "t Wor 14 Rf 413758, 2f% + a am's, + M!"i WN 41642 + ocm� + L#Tse %mot . vonick., 04111 tl vAr. I apfw" mlohmi S\ VAK 102 A A,11 "z, 102 D: 1+691 SSN: xxx-xx-6766 iD: 1351 SSN: xxx-xx-1937 Birth 11/13/83 Hire 08125117 Single, 0/FL: No State Tax (SUI:FL) ID: 2 / SSN: xxx-xx-5041 j Birth 08113/77 Hire 09/12114 I Single, 0, +51,100.00 /FL: No State Tax (SUi:FL) i Grady, James A ID: 1161 SSN: xxx-xx-4371 i Birth 09/18147 Hire 06/05/17 Single, 0 /FL: No State Tax (SUI:FL) i ID: 1241 SSN: xxx-xx-6730 Birth 09/03/63 Hire 07/26/17 Single, 2 /FL: No State'Tax (SUI:FL) Hudacek, Christopher M ID: 1781 SSN: xxx-xx-9571 Birth 10130190"Hire 03/26118 Single, 0IFL: No Stale Tax (SUI:FL) Judson, Carl ID: 771 SSN: xxx-yx-8068 Birth 03/17/75 Hire 09/06/16 Married, 2 /FL: No State Tax (SUI:FL) Kisch, Shannon L ID: 1621 SSN: xxx-xx-2127 Birth 06/22/70 Hire 04/17118 Single, 0, +510,00 tFL: No Stale Tax SUhFL } Klingerman, Raymond W ID: 1441 SSN: xxx-xx-4800 Birth 09/06/57 Hire 09/29/17 Married, 4 /FL: No State Tax (SUi:FL) Little, Tyshaun L ID: 1831 SSN: xxx-xx-9436 Birth 08/15/81 Hire 04119/18 Single, 0 /FL: No State Tax (SUI:FL) 03 / SSN:.xxx-xx-3102 07/22/50 Hire 07105118 ed, 0IFL: No State Tax (SUI:FL) 0741 2000.9577' Stellar Transport Inc Run Date 07111/18 04:08 PM Alphonse, Willer R ID: 921 SSN: xxx-xx-4474 Birth 10/28/98 Hire 11/10116 Single, 01FL: No State Tax (SUI:FL) Athey, Austin R ID: 160 / SSN, xxx-xx-7181 Birth 06104/95 Hire 12/29117 Single, 1 /FL: No State Tax (SUi:FL) Barrett, Kimberly A ID: 176 / SSN: xxx-xk4274 Birth 12/06170 Hire 03/20/18 Single, 1 IFL: No State Tax (SUI:FL) Bascoe, D Jon N ID: 174 / SSN: xxx-xx-3923 Birth 02/19/98 Hiro 03107/18 Single, 0 /FL: No State Tax (SUI:FL) Diggs, Tyrone E ID: 191 / SSN: xxx-xx4922 Birth 09114/70 Hire 05/16/18 Married, 0 /FL: No Stale Tax (SUt;FI) Blackmon, Johnny iD: 1621 SSN: xxx-xx-4961 Birth 09/17/67 Hire 01/03/18 Single, O/FL: No Slate Tax (SUI:FL) Breeden, Aaron ID: 195 / SSN: xxx-xx-6802 Birth 09/27/91 Hire 06/04/18 Married, 0 /FL: No Slate Tax (SUI:FL) BROWN, ROBERT iD: 2021 SSN: xxx-xx-9889 Birth 09125/46 Hire 06/25118 Exempt from W1H /FL: No State Tax SUI:FL Burbank, Lynwood M ID: 1481 SSN: xxx-xx-1820 Birth 02101/70 Hire 10/31/17 Single, 0 /FL: No State Tax (SUI:FL) Clark, Kwamana D ID: 781 SSN: xxx-xx-1206 Birth 19/28/93 Hire 09/06/16 Single, 5 /FL: No State Tax (SUI:FL) Coppola, Errol J ID: 190 / SSN: xxx-xx-6241 Birth 04111167 Hire 05/15118 0741 2000-9577 Stellar Transport inc Run Date 07/11118 04:08 PM uyuua, uuauud t ID: 611 SSN: xxx-xx-3679 Birth 05/02/95 Hire 06/27116 Single, 0 /FL: No State Tax (SUL'FL) 999.1 SSN: xxx-xx-1621 h 02/06160 Hire 06/12/18 rrled, 1 /FL: No State Tax (SUI:FL) rtinez Rivera, Vlctor E 1301 SSN: xxx-xx-2147 h 01114/92 Hire 08115117 *tied but withhold at the Smit!& )5 / SSN; xxx-xx-9655 01102/74 Hire 02/15117 _-, 0 /FL: No State Tax .(SUi:FL) ID: 1141 SSN: xxx-xx=0923 Birth 05/04/59 Hire 05108/17 Single, 1 /FL: No State Tax (SUI:FL) Miller, Bradley M ID: 184 / SSN: xxx-xx-8846 Birth 11/08/91 Hire 04/23/18 Single, 1 iFL,, No State Tax (SUI:FL) ID: 185 !SSN: xxx-xx-8709 Birch 03126/97 Hiro 04123/18 Single, 1 /FL: No State Tax (SUI:FL) NEIRN, PHEONIE J ID: 204 /SSN: XXX -XX -34 10 Birth 03/14/70 Hire 07/05/18 Single, 1 1FL: No State Tax (SUI:FL) ID: 1 / SSN: xxx-aur-1748 Birtl1 08/08/77 Hire 09/01114 Marred but withhold at the Single i Rate, 0, +$1,400,00 /FL: No State Tax SUI:FL Dgden, Bruce D I D:1921 SSN: xxx-xx-2639 31rih 11/10/75 Hire 05116/18 Single, 0 /FL: No State Tax (SUI:FL) 07412000-9577 Stellar Transport Inc Run Date 07/11/18 04:08 PM rattutsuU,, neakul twu,,r ID: 1981 SSN- xxx-xx-7183 Birth 09113183 Hire 06111118 Exempt from Will IFL: No State Tax SUI:FL Petrick, Joseph ID: 193 / SSN: xxx-xx-6003 Birth 12/03797 Hire 06/04/18 Single, 0 /FL-: No State Tax (SUi:FL) Phillips, Adrienne R ID. 171 1 SSN: xxx-xx-4902 Birth 11113/86 Hire 02/21/18 Single, 1 1FU No State Tax (SUI:FL) Piplar, Leonard R ID: 1111 SSN: xxx-x3-4654 Birth 07119/46 Hire 04105/17 Marred, 01FL: No State Tax (SUI:FL) Prosch,Joseph C ID: 501 SSN: xxx-xx-5607 Birth 09106/52 Hire 02/29116 Exempt from W/H /FL: No State Tax SULFL. Randall, Lasalle ID: 961 SSN: xxx-xx-2824 Birth 01/06/91 Hire 11/28116 Single, 0 /FL: No State Tax (SUI:FL) Reeves, Stanford G ID: 1681 SSN: xxx-xx-0067 Birth 05/20167 Hire 02!12/18 Married, 1 /FU No State Tax (SUI:FL) Ringgold, Keith M ID: 1471. SSN: xxx-xx-5727 Birth 01131191 Hire 10/30117 Single, 0 /FL: No State Tax (SUI:FL) i Ringgold, Tyson J ' iD: 99 / SSN: xxx-xx-2128 Birth 07118195 Hire 01111t17 Single, 0IFL: No Slate Tax (SUI:FL) i Ris, James A ID: 3'71 SSN: xxx-XX-0196 Birth 12/20168 Hire 06115/15 Marr9ed,'21FL: No State Tax (SUI:FL) 1 Roberts, Darin ID: 1581 SSN: xxx-xx-3638 Birth 04124/66 Hire 12120/17 Married, 1 +1510-00 /FL: No State Tax 0741 2000.9577 Stellar Transport Inc Run Date 07/11118 04:08 PM 103 Roberts, Dann (cont.) 0 1581 SSN: xxx-xx-3638_ Tomselt, Martin 'E ID: 190 / SSN; xxx•xx-6241 SUI:FL ID: 1891 SSN: xxx-xx-2$93 Married, 1 IFL; No Stale Tax (SUI:FL) Romaito Carlos Birth 01110155 Hire 05115!18 i ! Married, 0 /FL: No State Tax (SUI:FL) Cote, Michael L ID: 205 t SSN: xxx•xx•9730 / Birth 1/102/90 Hire 071051'18 10.951 SSN: xxx-xx-1772 Exempt from W/H IFU No State. Walter, /lustin C Birth 12110/82 Hire 1(/28116 Tax SUCFL. ID; 1531 SSN: xxx-xx-0456 i Married, 21FL: No State Tax (SUI:FL) Salter, John E Binh 02116/95 Hire 12104117 10:Salter, er, 1431 SSN: xxx-xx-3355 Single, 1 IFL: No State Tax (SUI:FL) Dean, Sherrod SSN: K Birth 01/30/70 Hire 09127/17 Bir2011 SSN: ire O -4926 Married, 0IFL: No State Tax (SUI:FL) Wessman, : xxxrrin p Binh 02/02/94 Hiro 07102118 ID: 66 /SSN: xxx-xx-4109 Exempt from W/H /FL: No State Samuels, Jeffrey A Birth 02/02/74 Hire 07112/16 Tax SUI:FL Single, 1 iFL: No State Tax (SUI:FL) DeAngelis, Rabin R ID: 164 /SSN: xxx•xx-304G �— 10 1261 gel SSN: xxx•xx-0267 Binh 06/13/84 Hire 01/08/18 Binh 127/6G Hire 08109117 Single, 0IFL: No State Tax (SUi:FL) Weblay, Tyrell p 1D. 179 / SSN; xxx-xx-2220 Married, 0 /FL: No State Tax (SUI:FL) Sears, Samuel Birth 03/03/92 Hire 04/111i8 10: 1721 SSN: xxx-xx-0483 Single; 0 /FL: No State Tax (SUI:FL) Elam, Terry Binh 09/25/80 Hire 02/21118 Bir 1371 557SSNire 0 -3578 Single, 01FL: No State Tax (SUI:FL) Werner, Brandi x Binh 04/15157 Hire 091'!5!17 ID: 821 SSN: xxx-xx-380G Married, 01FL: No State Tax (SUI:FL) r Smith, Chadwick G Binh 12108/90 Hire 09/26/16 t ID; 73 / SSN: xxx-xx-8460 Single, 1 IFL No State Tax (SUI:FL) Elkins, Nicolas J Binh 05101/88 Hire 08/25/16 ID: 1401 SSN: xxx-xx-9396 Single, 0 JFL- No State Tax (SUI:FL) Wigley, Desiinee G Binh 05101/97 Hire 09/22/17 ID: 1871 SSN: xxx•xx-3280 Single, 0 fFL: No State'Tox (SUI:FL) Binh 01124197 Hire 04/25118 Escobar, Anthony J ID: 206 / SSN:, xxx-xx-1942 Splice, JSingle. 0 /FL: No Stale Tax (SUI;FL) SN:. Blnh 03130/72 Hire 07/09/18 ID: 791 SSN: xxx-xx-9003 Married, 1 IFL.- No Slate Tax (SUI:FL) Wilson, Rachet Birth 05102/70 Him 09112116 ID: 2001 SSN. xxx-xx•2500 Married, 01FL: No State Tax (SUI:FL) SI Hill, Korey L Birth 03131/90 Hire.06/27/18 Francis, Yusdt T ID: 112 /SSN: xxx-xx-2397 Single, 1 /FL: No State Tax (SUI:FL) Birth 06/04/83 Hire 04105117 ID:1941551V: xxx-xx-4131 Wood, Kenneth C Married, 1 IFL: No State Tax (SUI:FL) Birth 05/06/99 Hire 06104118 ID: 1491 SSN: xxx-xx4383 Single, 0IFL• No State Tax (SUI:FL) Stewart, Lisa E Birth 06/16/91 Hire 11106117 ID: 1631'SSN: xxx-xx-0154 Single, 0 /FL: No State Tax (SUI:FL) Fredman, Caleb E Birth 07/10174 Hire 01/03118 ID;1511 SSN; 7txx-x%•5700 CQMPA'NY OTALS $tngtfl, 0 /FL. No Stale Tax (SUI:FL) =1 Birth 03120192 Hire 11/13/17 Next Pavrotl Aonotniment # "F T Married, 1 IFL: No State Tax (SUI:FL) Day: 07/30/18 I Stilwell, Daniel D ; #tel ! Garza. Alfredo 10:401 SSN: xxx-xx-6450 S£15eoiall5t;'Stacy at axti 525 ) i 10: 1961 SSN: xxxxx-8706 Birth 08/18167 Hire 09/29175 Birth 07112150 Hire OGY05118 Married, 0, +520,00 /FL: No State Tax Married, 0IFL: No State Tax (SUI:FL) SUI:FL) Thurman, Redal N ; (;oft, Robert L. 3 ID: 197 / SSN:.xxx-xx-9431 1 Birth 07126/92 Hire 06111/18 iD: 1691 SSN: xxx-xx-6766 I Single, 1 IFL: No State Tax {SUI:FL) Birth 10/14160 Hire 02/19118 Married, 1 IFL: No State Tax SUI:FL 1 0741 2000.9577 Siellar`Cransport Inc 0741 2000.9577 Stellar Transport Inc 0741 2000-8577 SteliarTranspon the Run Dale 07/11/18 04:08 PtA Run Date 07111118 04;08 PM l Run Date 07/11118 04:08 PM 104 Stellar Price list 2016 Rates during normal business hours are: In County one way trips: (On Campus Mileage Included) Wheelchair $50 (up to 299lbs) Oversized wheelchair (possible 2 man crew) $65 (over 299lbs) Stretcher (two man crew) $95 (up to 299lbs) Stretcher Bariatric (3 man crew) $199 (over 299lbs size depending) In County round Trips: Wheelchair $85 Oversized wheelchair $95 Stretcher (two man crew) $150 Out of County one way trip: Wheelchair (Call For pricing) Stretcher (Call for pricing) Out of County round trip: Wheelchair. (Call for pricing) Stretcher Transport (Call for pricing) < Dialysis 3 Trips per week: Wheelchair _ $199 Per Week Stretcher $299 Per Week Cancellation Policy: No cancellation. fee will be charged uriless cancelled within one.fiour of scheduled service: ` The charge for cancelling within one hour will be half of scheduled service priced i Additional Feer Oxygen pickup' $15 -' Additional Miles $3.30 per mile Wait Time $12.5 per 15min Additional charge of $25.00 per transport before and after normal hours of operation, weekends and holidays. (Observed Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas) Prices are subject to change according to current gas pricing and you will be notified of any price change ahead of time. Upon receiving billing invoice please admit payment within 30 days. Thank you for your business. Our commitment to you and all patients is to always provide Stellar service! Hours of Operation Monday -Friday 8AM-6PM Saturday & Sunday 1OPM-6PM 365 Days a Year! 24 Hour service available with prior appointment. w 4 r,9 INDIAN RIVER COUNTY CLASS "Ell' CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY NCY S WHEREAS, Stellar Transport has requested authorization to provide wheelchair and non -emergency Stretcher Transports originating within Indian River County; and, WHEREAS, the above named service affirms that it will maintain' compliance with the requirements of the Indian River County Code of Ordinances Chapter 304, Life Support and Wheelchair Services. THEREFORE, the Indian River County Board of County Commissioners hereby issue a Class °E1" Certificate of Public Convenience and Necessity to said Company to provide Wheelchair/Stretcher Non -Emergency Transportation Services, Certificate Type: CLASS E1 Date of Expiration: October 18, 2020 (Unless certificate is sooner revoked or suspended,) Limitations: WheelchairtStretcher Non -Emergency Transportation Services Only Approved by the Indian River County Board of County Commissioners on September 11, 2018 "2- . 14 M3 t Effective Date: October 18, 2018 -Peter 6:dIBryan, Chairman Board of County Commissioners 1 Ana Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THROUGH: Michael Smykowski, Director, OMB FROM: Beth Martin, Risk Manager DATE: August 13, 2018 SUBJECT: Mediated Settlement; Ryan Haffield It is requested that the Board of County Commissioners consider the following Consent Agenda item at their September 11, 2018 regular meeting. Background On August 10, 2018 the County Administrator reviewed and approved the $77,500.00 settlement for former Deputy Sheriff Ryan Haffield's July 4, 2017 workers' compensation claim. Death benefits as provided by statute will be paid to his widow and children. Recommendation In keeping with administrative policy, staff now requests Board approval of this settlement in the amount of $77,500.00. Payment will be made from the Self Insurance Fund. Approved for Agenda September 11, 2018 107 CONSENT AGENDA INDIAN RIVER COUNTY �L INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 13, 2018 SUBJECT: 2018/2019 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Michael Smykowski Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2018/2019. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2018/2019 totals $696,267, which is an increase of $63,297 or 10.0% from the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $691,566 for a total County contribution of $1,387,833. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. 108 Rick Scott Mission: Governor To protect, promote & improve the health of all people in Florida through integrated ' state, county & community efforts. RUM Celeste Philip, MD, MPH HEALTH Surgeon General and Secretary Vision: To be the Healthiest State in the Nation FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY August 9th, 2018 Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2018-2019 State/County Contract Dear Mr. Brown, Please find attached (3) originals of the 2018-19 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $10,359,658. The county appropriation of $696,267 along with estimated building operational expenses of $691,566 are specified fiscal responsibilities of the Indian River County Board of Commissioners. As point of clarification, Indian River County Hospital District's appropriation is reflected under revenue object code -008020 Grants -County Tax Direct for $951,944 funding primary care, dental services, and Gifford Health Center. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly reports will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, Miranda C. Hawker County Health Department Administrator Attachments Florida Department of Health in Indian River County 1900 27t' Street, Vero Beach, Ft. 32960 PHONE: 7721194-7400 WEBSITE: http://indiandver.goddahealth.gov FloridaHealth.gov Accredited Health Department • • Public Health Accreditation B009 o CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2018-2019 This contract is made and entered into between the State of Florida, Department of Health. ("State") and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2018. RECITALS A. Pursuant to Chapter 154, . Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as. follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2018, through September 30, 2019, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated pursuant to the termination provisions set forth in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 110 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 3,037,042 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $ 696,267 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health 111 Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for County Health Systems. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be 3 112 maintained by the CHD in accordance with the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with the Generally Accepted Accounting Principles (GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: L The revenue and expenditure requirements in the Florida Accounting Information Resource (FLAIR) System; ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus/deficit funds accruing to the State and County is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be 4 113 reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for County Health Systems has approved the transfer. The Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by County government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. L The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using County procedures pursuant to paragraph 6.b. 114 m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the County that shall include at least the following: i. The DE3851-1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the County of service variances reflected in the year end DE3851-1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service specific variance between actual and planned expenditures, does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1, 2019 for the report period October 1, 2018 through December 31, 2018; ii. June 1, 2019 for the report period October 1, 2018 through March 31, 2019; iii. September 1, 2019 for the report period October 1, 2018 through June 30, 2019; and iv. December 1, 2019 for the report period October 1, 2018 through September 30, 2019, 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. 115 b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This contract may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2019, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Business Manager For the County: Michael R Svmkowski Name Budget Director 116 1900 271h Street Vero Beach, FI., 32960-3383 Address 772-794-7464 Telephone 1801 27th Street Vero Beach, FI., 32960-3383 Address 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this contract, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one page), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2018. BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: Celeste Philip, MD, MPH TITLE: Surgeon General and Secretary DATE: SIGNEC NAME: NAME: TITLE: DATE: TITLE: CHHD Administrator C, / / DATE: _ 9 i / O s 117 ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384 Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) 118 Attachment_I - Page 1 of 11 8. 9. levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21* HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. School Health Services 10. Tuberculosis 11 Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026.and F.A.C. 64F-6. Tuberculosis Program Requirements as specified in F.A.C. 6413-3 and F.S. 392. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, Investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 6413-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. 119 Attachment -1 - Page 2 of 11 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT PART I. PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES Estimated State Estimated County Share of CHD Trust Share of CHD Trust Fund Balance Fund Balance Total 1. CHD Trust Fund Ending Balance 09/30/18 54381 396374 450755 2. Drawdown for Contract Year October 1, 2018 to September 30, 2019 -54381 -97323 -151704 3. Special Capital Project use for Contract Year October 1, 2018 to September 30, 2019 0 0 0 4. Balance Reserved for Contingency Fund October 1, 2018 to September 30, 2019 0 299051 299051 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects, and mobile health vans. 120 Attachment_II_Part1- Page 3 of 11 1. GENERAL REVENUE • STATE 016040 AIDS PATIENT CARE 016040 . CHD • TB COMMUNITY PROGRAM 016040 DENTAL SPECIAL INITIATIVE PROJECTS 016040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 016040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 016050 CHO GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE • STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL S. FEDERAL FUNDS • STATE 007000 WIC BREASTFEEDING PEER COUNSELING PROG v 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO • PHBG 007000 CMS -MCH PURCHASED CLIENT SERVICES 007000 FAMILY PLANNING TITLE X • GRANT 007000 IMMUNIZATION ACTION PLAN 007000 MCH SPECIAL PRJCT UNPLANNED PREGNANCY 007000 MCH BLOCK GRANT FLORIDA'S HEALTHY BABIES 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB I LTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 WIC PROGRAM ADMINISTRATION 015076 INSPECTIONS OF SUMMER FEEDING PROGRAM . DOE 016076 SUPPLEMENTAL SCHOOL HEALTH 018005 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 018006 RYAN WHITE TITLE H GRANT/CHD CONSORTIUM FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 SEPTIC TANK VARIANCE FEES 60% 001206 PUBLIC SWIMMING POOL PERMIT PEES•10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES 001206 ONSITE SEWAGE TRAINING CENTER 100,000 0 100,000 0 100,000 24,243 0 24,243 0 24,243 5,977 0 6,977 0 5,977 42,693 0 42,693 0 42,593 183,226 0 183,226 0 183,226 136,867 0 136,867 0 136,867 1,343,145 0 1,343,145 0 1,343,145 1,836,051 0 1,836,051 0 1,836,051 8,113 0 8,113 0 8,113 8,113 0 8,113 0 8,113 49,000 0 49,000 0 49,000 10,420 0 10,420 0 10,420 36,000 0 35,000 0 36,000 14,776 0 14,776 0 14,776 76,357 0 76,357 0 76,357 34,951 0 34,961 0 34,951 2,984 0 2,984 0 2,984 25,402 0 25,402 0 25,402 92,396 0 92,396 0 92,396 71,434 0 71,434 0 71,434 63,894 0 63,894 0 63,894 441,800 0 441,800 0 441,800 6,273 0 6,273 0 6,273 160,068 0 150,068 0 150,068 35,396 0 36,396 0 35,396 90,000 0 90,000 0 90,000 1,199,151 0 1,199,151 0 1,199,151 132,317 0 132,317 0 132,317 270,002 0 270,002 0 270,002 24,996. 0 24,996 0 24,996 2,406 0 2,405 0 2,405 4,745 0 4,745 0 4,745 201 0 201 0 201 1,292 0 1,292 0 1,292 523 0 523 0 623 138 0 138 0 138 217 0 217 0 217 95 0 95 121 96 Atlachment_II_PaA_II - Page 4 of 11 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 001206 MOBILE HOME & RV PAR.IC FEES FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 5. OTHER CASH CONTRIBUTIONS - STATE: 090001 DRAM' DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL 6. MEDICAID - STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 031005 SPECIAL HEALTH TRANSFER ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008005 HUMAN AND CHILDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008020 CHD LOCAL REVENUE & EXPENDITURES 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION COUNTY 001025 CHD CLINIC FEES 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONMENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 005000 CHD LOCAL REVENUE & EXPENDITURES 868 0 868 0 868 1,698 0 1,698 0 1,698 439,497 0 439,497 0 439,497 0 0 0 0 0 64,381 0 54,381 0 54,381 54,381 0 54,381 0 54,381 0 98,189 98,189 0 98,189 0 349,146 949,146 0 949,146 0 1,047,334 1,047,334 0 1,047,334 2,100 0 2,100 0 2,100 15,000 0 15,000 0 15,000 23,500 0 23,500 0 23,500 40,600 0 40,600 0 40,600 0 0 0 206,578 206,678 0 0 0 9,492 9,492 0 0 0 1,842,919 1,842,919 0 0 0 18,352 18,362 0 0 0 399,870 399,870 0 0 0 2,477,211 2,477,211 0 66,478 66,478 0 66,478 0 24,460 24,460 0 24,460 0 951,944 951,944 0 951,944 0 696,267 696,267 0 696,267 0 1,739,149 1,739,149 0 1,739,149 0 12,164 12,164 0 12,164 0 216,392 216,392 0 216,392 0 90,289 90,289 0 90,289 0 217,944 217,944 0 217,944 0 636,789 636,789 0 536,789 0 33,741 33,741 0 33,741 0 23,811 23,811 • 0 23,811 0 1,489 1,489 -022 1,489 Attachment -11 -Part -11 - Page 5 of 11 010300 STATE UNDERGROUND PETROLEUM RESPONSE ACT 010300 CHD SALE OF SERN710ES IN OR OUTSIDE OF STATE GOVT 010400 CHD SALE OF SERN710ES IN OR OUTSIDE OF STATE GOVT 011000 REVENUE CONTRACT/MOA W/NO REPORTING REQUIREMENT 011000 CHD CASH DONATION / NON-SPECIFIC 011000 CHD LOCAL REVENUE & EXPENDITURES 011001 CHD HEALTHY START COALITION CONTRACT 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 12. ALLOCABLE REVENUE - COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 031006 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 031005 SPECIAL HEALTH TRANSFER COUNTY ALLOCABLE REVENUE TOTAL 13. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE OTHER (Specify) UTILITIES BUILDING MAINTENANCE GROUNDS MAINTENANCE INSURANCE OTHER (Specify) OTHER (Specify) BUILDINGS TOTAL 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND COUNTY EQUIPMENT / VEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIM- OTHER COUNTY CONTRIBUTION (SPECIFI) OTHER COUNTY CONTRIBUTIONS TOTAL GRAND TOTAL CHD PROGRAM 0 967 967 0 967 0 396 396 0 396 0 1,679 1,679 0 1,679 0 16,402 16,402 0 16,402 0 2,000 2,000 0 2,000 0 70,166 70,165 0 70,165 0 2,243 2,243 0 2,243 0 97,323 97,323 0 97,323 0 249,216 249,216 0 249,216 0 2,100 2,100 0 2,1.00 0 16,000 16,000 0 16,000 0 23,600 23,500 0 23,600 0 40,600 40,600 0 40,600 0 0 0 466,938 456,938 0 0 0 0 0 0 0 0 163,660 153,560 0 0 0 82,068 82,068 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 691,666 691,566 0 0 0 0 0 0 0 3,677,793 3,613,088 7,190,881 0 0 0 0 0 0 3,168,777 0 0 0 0 0 0 10, 369,658 123 Attachment -11 -Part -11 -Page 6 of 11 A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) SEXUALLY TRANS. DIS. (102) HTWAIDS PREVENTION (03AI) HIV/AIDS SURVEILLANCE (03A2) HIV/AIDS PATIENT CARE (03A3) ADAP (03A4) TUBERCULOSIS (104) COMM. DIS. SURV. (106) HEPATITIS (109) PREPAREDNESS AND RESPONSE (116) REFUGEE HEALTH (118) VITAL RECORDS (180) COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: r CHRONIC DISEASE PREVENTION PRO (210) WIC (21W1) TOBACCO USE INTERVENTION (212) WIC BREASTFEEDING PEER COUNSELING (21W2) FAMILY PLANNING (223) IMPROVED PREGNANCY OUTCOME (226) HEALTHY START PRENATAL (227) COMPREHENSIVE CHILD HEALTH (229) HEALTHY START CHILD (231) SCHOOL HEALTH (234) COMPREHENSIVE ADULT HEALTH (237) COMMUNITY HEALTH DEVELOPMENT (238) DENTAL HEALTH (240) PRIMARY CARE SUBTOTAL C, ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programa COSTAL BEACH MONITORING (347) LIMITED USE PUBLIC WATER SYSTEMS (367) PUBLIC WATER SYSTEM (368) PRIVATE WATER SYSTEM (369) ONSITE SEWAGE TREATMENT & DISPOSAL (361) Group Total Facility Programs TATTOO FACILITY SERVICES (344) FOOD HYGIENE (348) 2.61 1,771 2,981 65,639 64,896 56,639 64,895 141,656 99,513 241,069 3.31 910 1,169 62,307 61,010 62,307 61,011 190,372 96,263 226,635 1.66 0 7,826 25,634 29,782 25,634 29,781 106,262 4,369 110,631 0.00 0 0 7 8 7 9 30 1 31 2.16 382 638 48,392 66,443 48,392 66,442 176,662 33,117 209,669 0.66 1 1 10,992 12,821 10,992 12,822 46,852 776 47,627 1.24 174 291 21,319 24,86G 21,319 24,867 24,243 68,128 92,371 2.94 0 230 60,584 69,000 50,684 68,999 .132,112 87,066 219,167 0.00 0 0 0 0 0 0 0 0 0 1.36 0 1 28,586 33,342 28,586 33,941 123,856 0 123,866 0.00 0 0 0 0 0 0 0 0 0 1.17 6,299 18,893 16,246 18,949 16,246 18,949 0 70,390 70,390 16.99. 9,537 31,429 309,606 361,117 309,606 361,116 941,834 399,611 1,341,445 0.35 702 307 11,116 12,964 11,115 .12,964 40,346 7,812 48,168 8.56 4,176 24,481 128,024 149,324 128,024 149,323 554,695 0 664,695 0.00 0 0 0 0 0 0 0 0 0 1,30 0 2,272 16,245 17,782 15,246 17,782 66,054 0 66,054 7.00 1,286 1,953 113,106 131,926 113,106 131,925 254,678 235,384 490,062 0.00 0 0 0 0 0 0 0 0 0 0.06 6 74 706 823 706 823 0 3,058 3,058 7.41 1,396 3,211 119,084 138,898 119,084 138,898 0 615,964 616,964 0.00 0 0 0 0 0 0 0 0 0 4.04 0 25,701 78,694 91,786 78,694 91,786 340,210 760 840,960 23.45 2,663 6,068 469,947 636,472 459,947 636,473 495,986 1,496,854 1,992,839 1.51 0 1,713 28,197 32,888 28,197 32,889 98,671 23,500 122,171 8.97 2,856 5.788 167,667 183,899 157,667 183,899 116,299 566,833 683,132 62.65 13,081 71,668 1,111,785 1,296,761 1,111,785 1,296,762 1,966,938 2,850,155 4,817,093 0.14 116 119 3,983 4,629 8,883 4,528 16,769 64 16,823 0.26 36 407 4,404 6,137 4,404 6,136 16,824 2,267 19,081 0.08 4 116 1,372 1,600 1,372 1,599 1,679 4,264 5,943 1.32 6 1,663 23,698 27,641 23,698 27,641 218 102,460 102,678 6.85 1,606 6,331 92,721 108,148 92,721 108,149 $98,039 3,700 401,739 7.64 1,667 7,625 126,078 147,055 126,078 147,053 433,529 112,735 546,264 0.10 0 34 1,663 1,940 1,663 1,940 7,168 38 7,206 0.46 86 433 8,073 9,416 8,073 9,416 34,788 189 84,977 124 Attachment -11 -Part -111 - Page 7 of 11 BODY PIERCING FACILITIES SERVICES (349) 0.04 6 9 626 731 626 731 2,698 16 2,714 GROUP CARE FACILITY (351) 0.48 78 165 7,968 9,282 7,968 9,281 79 34,400 34,479 MIGRANT LABOR CAMP (362) 0.06 3 19 1,169 1,362 1,169 1,363 1,396 3,628 6,023 HOUSING & PUB. BLDG. (353) 0.16 0 33 3,028 3,532 8,023 3,633 57 13,064 13,121 MOBILE HOME AND PARK (354) 0.17 67 148 2,783 3,246 2,783 3,247 11,724 335 12,059 POOLS/BATHING PLACES (360) 1.10 424 1,404 18,376 21,433 18,376 21,434 78,322 1,297 79,619 BIOMEDICAL WASTE SERVICES (364) 0.67 366 423 10,323 12,040 10,323 12,040 43,634 1,192 44,726 TANNING FACILITY SERVICES (369) 0.01 8 14 277 323 277 324 1,196 6 1,201 Group Total 3.26 1,027 2,682 64,266 63,295 54,266 63,298 180,961 64,164 236,126 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (356) 0.00 0 0 0 0 0 0 0 0 0 SUPER ACT SERVICES (366) 0.05 10 20 1 776 905 776 904 7 3,354 3,361 Group Total 0.05 10 20 776 905 776 904 7 3,354 3,361 Community Hygiene COMMUNITY ENVIR. HEALTH (345) 0.29 0 496 4,869 5,668 4,859 6,668 6,070 14,984 21,054 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.01 0 0 109 127 109 127 469 3 472 PUBLIC SEWAGE (362) 0.51 1,361 280 8,346 9,734 8,345 9,734 85 36,073 36,168 SOLID WASTE DISPOSAL SERVICE (363) 0.02 0 40 385 449 385 460 4 1,665 1,669 SANITARY NUISANCE (365) 0.14. 23 10 2,816 3,283 2,816 3,282 23 12,172 12,195 RABIES SURVEILLANCE (366) 0.22 28 76 4,478 6,222 4,478 5,222 37 19,363 1.9,400 ARBORVIRUS SURVEIL. (367) 0.04 0 32 616 719 616 720 7 2,664 2,671 RODENTIARTHROPOD CONTROL (368) 0.00 0 0 45 53 46 63, 0 196 196 WATER POLLUTION (370) 0.17 0 105 3,430 4,001 3,430 4,001 4,310 10,662 14,862 INDOORAIR (371) 0.22 0 31 4,397 6,128 4,397 6,127 37 19,012 19,049 RADIOLOGICAL HEALTH (372) 0.01 0 1 142 166 142 1.66 164 462 616 TOXIC SUBSTANCES (373) 0.16 12 30 3,045 3,561 3,045 3,651 3,747 9,446 13,192 Group Total 1,78 1,424 1,101 32,666 38,101 32,666 38,101 14,943 126,691 141,634 ENVIRONMENTAL HEALTH SUBTOTAL 12.72 4,128 11,428 213,786 249,366 213,786 249,356 '' 629,440 296,844 926,284 D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (699) 1.00 0 0 16,343 17,896 16,343 17,896 0 66,478 66,478 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 8,681 10,009 8,581 10,010 37,181 0 37,181 MEDICAID BUIBACK (611) 0.00 0 0 654 646 664 646 2,400 0 2,400 NON -OPERATIONAL COSTS SUBTOTAL 1.00 0 0 24,478 28,661 24,478 28,652 39,661 66,478 106,059 TOTAL CONTRACT 93.36 26,746 114,425 1,669,656 1,936,785 1,669,665 1,936,786 .3,577,793 3,613,088 7,190,881 125 Attachment -11 -Part -111 - Page 8 of 11 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 126 Attachment_III -Page 9 of 11 Attachment IV Fiscal Year - 2018 _ 2019 Indian River County Health Department Facilities Utilized by the County Health Department Complete Location (Street Address, City, Zip) Facility Description And Offical Building Name (if applicable) (Admin, Clinic, Envn Hhh, etc.) Lease/ Agreement Number Type of Agreement (Private Lease thru State or County, other- please define) Complete Legal Name of Owner SQ Feet Employee Count (FTE/OPS/ Contract) 1900 27th Street, Vero Beach, Florida, 32960-3383 Administration, HR, Clinic, Vital Statistics, Env. Health, WIC NIA County Owned Commissioners for Indian River County 36,475 87.99 4675 28th Court, Vero Beach, Florida, 32967-1330 Clinic NIA Indian River County Hospital District Indian River County Hospital District 10,642 10.6 Facility - a fixed site managed by DOH/CHD personnel for the purpose of providing or supporting public health services. Includes county -owned, state-owned, and leased facilites. Includes DOH/CHD warehouse and administrative sites. Includes facilities managed by DOH/CHD that may be shared with other organizations. 127 Does not include schools, jails or other facilities where DOH/CHD staff are out -posted or sites where services are provided on an episodic basis. Attachment—IV - Page 10 of 11 CONTRACT YEAR 2017-2018* 2018-2019** 2019-2020*** 2020-2021'** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN N/A CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 $ 0 $ $ 0 $ 0 $ $ 0 $ 0 $ $ 0 $ 0 $ $ 0 $ 0 $ SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING RENOVATION NEW ADDITION 0 Describe scope of work in reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: $ 0 CONSTRUCTION COSTS: $ 0 FURNITURE/EQUIPMENT: $ 0 TOTAL PROJECT COST: $ 0 COST PER SQ FOOT: $ 0 ROOFING PLANNING STUDY OTHER TOTAL 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. * Cash balance as of 9/30/18 " Cash to be transferred to FCO account. *** Cash anticipated for future contract years. 0 0 0 0 128 Attachment—V - Page 11 of 11 INDIAN RIVER COUNTY, FLORIDA CONSENT 0 . MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: August 16, 2018 SUBJECT: Approval of 2018/2019 State Funded Subgrant Agreement (19 -CP -11 -10- 40 -01 -XX) to Update Indian River County's Hazards Analysis It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $3,143.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee,performance based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. ITEM I Amount Account Number Hazardous Analysis Grant $3,143.00 00120825-035290-06807 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Indian River County Budget Office Grant Form 2. Four (4) Original Agreements for Chairman's Signature 129 GRANT NAME: Hazardous. Analvsis Grant GRA\fi 9 19 -CP -11 -10 -40 -01 -XXX AMOUNT OF GRANT: $ 3,143.00 .Position DEPARTMENT RECEIVING GRANT: Emergency Services Position CONTACT PERSON: Tad Stone PHONE NUMBER: _ 772-226-3859 I. How long is the grant for?. 1 year Starting Date: Inty 1.2019 Second Year 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. goes the grant require a match? - Yes X No S If yes, does the grant allow the :match'to be In Kind Services? Yes X No 4. Percentage of match N/A 0% Social Security 5. Grant match amount required S N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A. 012.12 7. Does the grant cover capital costs or start-up costs?. Yes No S If no, how much do you think will be needed in capital costs or start up costs 012.13 (Attach a detail listing of costs) SNIA N/A 8. Are you adding an additional positions utilizin the grant funds? Yes 1'f list. is needed X No yes, please (yIf additional space please attach a schedule.) Worker's Compensation Acct. Description Position .Position Position Position Position 01.1.12 Regular Salaries N/A Second Year SN/A $ 0I 1.13 Other Salaries & Wages (PT) N/A S $ S 012'11 Social Security N/A $ S S 012.12 'Retirement -Contributions N/A S S 012.13 Insurance -Life & Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 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 NIA N/A N/A N/A S N/A $3,143.00 Second Year SN/A $ $ $N/A Third Year S $ S S Fourth Year S $ S S Fifth Year S S S S 10. What is the estimated cost of the grant to the county over five years'. S Signature of.Preparer; &/ fq, Date: August 16, 2018 130 Grant Amount Other Match Costs Not CoveredMatch First Year $3,143.00 $ NI/A S N/A $3,143.00 Second Year SN/A $ $ $N/A Third Year S $ S S Fourth Year S $ S S Fifth Year S S S S Signature of.Preparer; &/ fq, Date: August 16, 2018 130 Agreement Number: 19 -CP -11 -1040 -01 - STATE -FUNDED GRANT AGREEMENT 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 "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement.. THEREFORE, the Division and the Recipient agree to the following: (1) LAWS RULES REGULATIONS AND POLICIES a. 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 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 Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the 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. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient. is entitled under the terms and conditions of the agreement must be refunded to the Division. b. In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment E. 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. 131 (2) 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 Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. I. Monitor and document Recipient performance; and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is: Donna Ray 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-815-4314 Email: donna.ray@em.myflorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Tad Stone, Director Indian River County ftt. of Emergency Services 4225.43rd Avenue, Vero Beach, FL 32967 Telephone: (772) 226-3859 Email: tstone(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. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties'.. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (5) 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. (6) SCOPE OF WORK The Recipient shall perform the work in accordance with the Scope of Work, Attachment B of this Agreement. 2 132 (7) PERIOD OF AGREEMENT This Agreement shall begin July 1, 2018 and shall end on June 30, 2019, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds. authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a fixed -fee 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 pay the Recipient only for the successful completion of each deliverable. The maximum payment amount for each deliverable is outlined in Attachment A of this Agreement ("Budget"). The maximum payment amount for the entirety of this Agreement is $3.143.00. d. The Division will review any request for payment by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment C, which clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. e. 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 period of agreement and produce a final reconciliation report. The final report must identify any.funds paid in excess of the expenditures incurred by the Recipient. f. For the purposes of this Agreement, the term "improper payment" means or includes: I. 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, ii. 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. g. 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. (9) RECORDS 133 a. Asa condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, 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 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 Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos;mvflorida.com/library- arch ives/records-management/general-records-sched u les/. c. 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, basic requirements: (1) all 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 'Recipient based upon the funds provided under this Agreement, the meetings of the 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. d. 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. 4 134 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. e. The Recipient shall maintain all records for the 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 Scope of Work - Attachment B - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §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)." b. When conducting an audit of the 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." c. 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 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 Recipient of such non-compliance. d_ The Recipient shall have all audits completed by an independent auditor, which is defined in Section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable 135 provisions noted above. The audits must be received by the Division no later than nine months from -the end of the Recipient's fiscal year. e. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: L The Division of Emergency Management DEMSingle Audit(a)em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (11) REPORTS a. The Recipient shall provide the Division with progress reports and a close-out report in accordance with Attachment C. These reports shall include the current status and progress by the Recipient and all Sub -Recipients and subcontractors in completing the work described in the Scope of Work, in addition to any other information requested by the Division. b. 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 occurs first. c. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action.as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. d. The Recipient shall provide additional program updates or information that may be required by the Division. e. The Recipient shall provide additional reports and information identified in Attachment C. (12) MONITORING a. The 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. C to this Agreement, and reported in the quarterly report. D 136 b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The 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 Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. ' In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, 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 party 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 this agreement. (14) 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, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. 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: a. If any warranty or -representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the 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; 137 b_ If material adverse changes occur in the financial condition of.the Recipient at anytime during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; d. If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively. a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) 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 (2) CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the 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: L request additional information from the 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 Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the 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 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 Recipient. (16) TERMINATION. D 138 a. The Division may terminate this Agreement for cause after thirty (30) 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 Recipient to permit public access to any document, paper, letter; or other material subject to disclosure under Chapter 119, Fla. Stat., 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 Recipient with thirty (30) calendar days 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 this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The 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 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. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the 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, Fla. Stat. (18) 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. c. This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget 139 Attachment B — Scope of Work Attachment C — Deliverables and Performance Attachment D — 302 Facilities List Attachment E — Program Statutes and Regulations Attachment F — Financial Invoice Form Attachment G — Justification of Advance Payment Attachment H — Warranties and Representations Attachment I — Certification Regarding Debarment Attachment J — Statement of Assurances Attachment K — Hazard Analysis Checklist Attachment L — Hazard Analysis Site Visit Certification Form Attachment M — Statement of Determination Attachment N — Close Out Reporting Form (19) PAYMENTS a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. 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 G. Attachment G 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 fixed -fee basis as needed. b. Invoices shall be submitted at in accordance with Attachment C and shall include the supporting documentation for 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 Recipient's quarterly reporting as referenced in paragraph (11) REPORTS 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 paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (20) REPAYMENTS 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 10 140 . Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with. Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, 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. (21) 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 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 is incorporated by reference, The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the 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. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seg.), 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. f. 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 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. 11 141 g. Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this Agreement been convicted of or had a civil,judgment rendered against it for fraud or a criminal offense in connection withobtaining, 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 (21)(g)(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. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment 1) for each intended subcontractor that Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. h. 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 Chapter 216, Florida Statutes, or the Florida Constitution. L All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. k. The Division reserves the right to unilaterally cancel this Agreement if the 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 Recipient created or received under this Agreement. 1. If the 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. 12 142 m. 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 Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of 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, Fla. Stat. o. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. r. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. s. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan. List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to mhave been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION a. 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." b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 13 143 (23) 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. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. . a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this 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 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 Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists_ The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. d. If the 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 Recipient shall become the sole property of the 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 Recipient, under this Agreement, for Florida government purposes. .(24) LEGAL AUTHORIZATION. The 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 Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment J. 14 144 IN WITNESS WHEREOF,, the parties hereto have executed this Agreement. RECIPIENT: Indian River County By: Name and title: Date:. FID# Include a copy of the Delegation of Authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Michael Kennett, DeputyDirector (By authority from Division Director) Date: 15 U, In ID m 1 ro o n o cD o b' r r N 0 OD 145 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance title: Hazardous Materials Planning & Prevention Program Catalog of State Financial Assistance number: 31.067 3143.00 (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS.AGREEMENT ARE AS FOLLOWS: 1: Florida Emergency Planning and Community Right -To -Know Act (Chapter 252, Part II, Florida Statutes) 2. Hazards Analysis Contract Checklist and CAMEOfm Guide (Attachment K) 3. U.S. Environmental Protection Agency's Technical Guidance for Hazards Analysis https://www.ei)a.gov/epera/technical-quidance-hazardous-ana lysis-emergency-pla nnin-g- extremely-hazardous-substances NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that.the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 16 146 Attachment A Budget Recipient: Indian River County Agreement Number: 19 -CP -11-10-40-01- 1. First Payment (40% of contract amount) $ (25% Hazards Analysis submitted and accepted) 2. Second Payment (40% of contract amount) $ (25% Hazards Analysis submitted and accepted) 3. Final Payment (20% of contract amount) $ (HA's approved, Notifications, zip files uploaded) TOTAL AMOUNT $ 17 147 Attachment B Scope of Work Purpose On October 17, 1986, Congress enacted the Emergency Planning and Community Right to Know Act (EPCRA), also known as Title 111 of the Superfund Amendments and Reauthorization Act (SARA). EPCRA requires hazardous chemical emergency planning by Federal, State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of certain hazardous materials. At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA. At the state level, the Florida Division of Emergency Management (FDEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director.of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for state and federal hazardous materials programs. Additionally, the SERC conducts quarterly public meetings in varying locations throughout the state. Currently, SERC membership consists of 28 Govemor-appointed individuals who represent the interests of state and local government, emergency services, industry and the environment. At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to. increase hazardous materials awareness; (2) collects data on hazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances, (4) submits hazardous materials emergency plans to the SERC for. review; (5) provides the public with hazardous materials information upon request. LEPC membership consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and/or transportation. At the local level, each of Florida's 67 counties performs a hazards analysis (county may elect to contract to the RPC or qualified vendor). The county hazards analysis is used as input to the LEPC Emergency Response Plan for Hazardous Substances required under EPCRA and encompasses; identification of facilities and transportation routes of extremely hazards substances (EHS); description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient, can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The recipient shall update the hazards analysis for all facilities listed in Attachment D, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity. The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right -To - Know Act of 1986" and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part II. 18 148 Requirements A. The Recipient shall submit a list of facilities within the geographical boundaries of the County listed on Attachment D that are suspected of not reporting to the State Emergency Response Commission the presence of Extremely Hazardous Substances in quantities above the Threshold Planning Quantity, as designated by the U. S. Environmental Protection Agency. B. The completed hazards analysis shall comply with the site-specific hazards analysis criteria outlined below for each facility listed in Attachment D. The primary guidance documents are Attachment K (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at; https://www.epa.gov/er)cra/technical-gu idance-hazardous-analysis-emergency-planning- extremely -hazardous -substances. All hazards analyses shall be. consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance and approved by the Division. C. Conduct an on-site visit at each Attachment D facility to ensure accuracy of the hazards analysis. .Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's current CAMEOfm version (download from): http://www.epa.gov/dameo/cameo-software. Each facility hazards analysis shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment D) in the Facility Name field. (b) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (c) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. (d) Enter the maximum number of occupants present at the facility at any given time in the Maximum Number of Occupants. Fields on the ID and Regs tab. The Facility Manned tab must also be correctly checked. Select the correct check boxes indicating if the facility is subject to section 112r and/or section 302. (All facilities should be subject to 302 unless they submitted an SOD) (e) Enter the Facility phone number in the Facility Phones tab field. (f) Enter the name, title and 24-hour phone number of the designated facility emergency coordinator in the Contacts tab field. (g) Enter the main route(s) used to transport chemicals to the facility (from the County line to the facility) in the notes tab of the Facility Page. (h) Enter the route(s) used. to exit the Threat Zone(s) in the notes tab of the Facility Page or link the facility to a Marplot map that graphically shows the evacuation routes. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. (i) Enter any past reportable releases that have occurred in the last five years at the facility in the notes tab of the Facility Page. Include'a copy of the Section 304 follow - 19 149 Lip report submitted to the LEPC. If it is determined that a facility has not had an accident, that shall be noted. 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper chemical name and Chemical Abstract.Service (CAS) number. (b) On each Chemical in Inventory page created for each Extremely Hazardous Substance present over the TPQ, enter in pounds .(not range codes) the maximum quantity of each Extremely Hazardous Substance in the Max Daily Amount field of the Physical State and Quantity tab. (c) Enter the amount (in pounds) of each Extremely Hazardous Substance stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this is the release amount used to determine the Vulnerable Zone). (d) Choose the appropriate description for the Type of storage container (drum, cylinder, tank etc.), storage pressure (ambient, greater than ambient .etc.) and storage temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance in those fields on the Location tab. (e) For each Extremely Hazardous Substance over TPQ, On the Physical State & Quantity tab check the appropriate boxes in the Physical State, Hazards and Health Effects fields (information on the above may be found by clicking on the Datasheet button which opens either the CAMEO Chemicals program or website.) 3. Vulnerability Analysis (CAMEOfm Scenario Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a New Scenario page (if a Scenario page hasn't been created already) and enter the maximum amount in the largest container or interconnected containers in the Amount Released field of the Scenario Description tab. (b) On the Scenario page(s) Scenario Description tab, enter the concentration percentage in the Concentration field. (c) On the Scenario page(s) Scenario Description tab, enter the release duration in the Release Duration field as follows: (1) Gases —10 minutes (2) Powders or solids in solution —10 minutes (3) Liquids — No value shall be entered (d) Enter the proper natural physical state of the chemical at room temperature in the physical state field. (as specified in CAMEOfm Chemicals) (e) On the Scenario page(s) Scenario Description tab, use the weather default settings or, enter average wind speed. Alternate scenarios may also be entered. (f) . On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Risk of a release occurring at the facility on the bottom of the Scenario Page 20 150 (the Risk Assessment should be based upon the Extremely Hazardous Substance, previous release history, maintenance conditions etc.). (g) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically estimate the extent of the threat zone that may cause injury or death to human populations following a release. (h) On the Scenario page(s) notes tab, enter an estimate of the total exposed population within the threat zone(s) or link the facility location to a Marplot map where the threat zone population may be estimated based on the most recently available Census data. This image must be available off-line if this alternative method is selected. A .map -capture from Marplot may be saved as an alternative method. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Total Exposed Population can be found. Add the file name. (Example: Total Exposed Population: See Marplot map (name of map SERC#TEP) (i) On the Scenario page(s) notes tab, identify each critical facility.by name and maximum expected occupancy within the threat zone(s) (schools, day cares, public safety facilities, hospitals, etc.). if there are no critical facilities within the threat . zone(s), that shall be noted. An alternative method is to link the facility location -to a Marplot map in which a critical facilities geographic shape filed has been loaded. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Critical Facility information can be found. Add the file name. (Example: Critical Facilities: See Marplot map (name of map SERC#CF) D. Supporting documentation in the form of Site Visit Certification Form, Statement of Determination or dated letter or email to the SERC, LEPC, and local fire department from the facility identifying the reason the EHS is no longer present shall be submitted to the Division with a list of the facilities for which a hazards analysis was not completed Section 302 site and need to be removed from the official list of Section 302 sites for which hazards analysis are conducted.. E. On -Site Visits 1. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment D. to confirm the accuracy and completeness of information in the hazards analysis. If authorized by the Division, a new or alternate facility may be substituted for a site that has previously had a hazards analysis conducted. A change of facilities after the agreement is executed will require a modification agreement. 2. Submit a completed Hazards Analysis Site, Visit Certification Form (Attachment L) for each facility to. the Division (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV — additional info allowed but not required). Add the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or contacted. Upload the site visit certification form to the.Site Pian Tab of the CAMEOfm Facilities Page for each facility visited or contacted. (a) On -Site visit exception for sulfuric acid (batteries), this exception does NOT apply to bulk storage of sulfuric acid. 21 151 (1) For facilities listed on Attachment D that report the presence of only sulfuric acid in batteries, an initial on-site visit is required and an on-site visit form (Attachment L) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In Agreements subsequent to the initial on-site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all extremely hazardous substances. The on-site visit form shall be signed by the Recipient and identify the date and facility contact information. Another on-site visit is not required in subsequent Agreements, unless, the facility reports the presence of another extremely hazardous substance above TPQ. Nothing additional is required to be changed or updated in CAMEOfm for Sulfuric Acid (Battery) Exemption facilities. (3) If a facility representative reports the presence of an extremely hazardous substance other than sulfuric acid in batteries, subsequent to the period of Agreement in which the initial site visit was conducted, the Recipient.shall conduct an on-site visit, complete all applicable CAMEOfm pages and tabs and submit a completed on-site visit form (Attachment L) to the Division. (4) A list of the facilities using the Sulfuric Acid (Battery) Exception must be included with deliverable submittals. 3. For each facility for which a hazard analysis is conducted, a site plan must be added to the site plan tab of the CAMEOfm Facilities Page. (file name must contain at minimum the SERC number if applicable and SP — if SERC number isnot available facility name and SP — additional info allowed but not required) The site plan shall contain sufficient information to provide situational awareness and at a minimum include: (a) Location of major building(s) (b) Name and location of extremely hazardous substance(s). If multiple extremely hazardous substances are co -located, noting EHS is acceptable. (c) Name and location of street(s) in immediate vicinity, minimum of one cross street and street facility is located on. (d) Identify pertinent access and egress point(s) (e) Note any additional features pertinent to hazmat and medical response F. Ensure that the Hazards Analysis information is provided to the County for inclusion in the Local Mitigation Plan. REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for successful completion of the deliverable task(s) required by this Agreement_ However, the following limitations shall apply: • First payment, the division shall not reimburse the Recipient for an amount that exceeds 40% of the overall amount authorized by this agreement unless the Recipient completes multiple deliverables. 22 152 • -Second payment, the division shall not reimburse the Recipient for an amount that exceeds 40%o of the overall amount authorized by this agreement unless the Recipient completes multiple. deliverables. • `Third payment, the division shall not reimburse the Recipient for an amount that exceeds 20% of the overall amount authorized by this agreement unless the Recipient is submitting for multiple deliverables. If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 40% cap for a particular payment. However, under no circumstances shall the cumulative reimbursement amount for payments 1 and 2 exceed 80% of the overall amount authorized by this Agreement unless all three deliverables have been met. FINANCIAL CONSEQUENCES: Failure to successfully complete each of the required tasks; as demonstrated by the failure to satisfy the. applicable deliverables, shall result in one of the following penalties. • A 20% reduction of the overall amount authorized by this Agreement and or • Payment will be reduced by $110.00 per Facility with incorrect or incomplete CAMEO files If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then the Recipient shall notify the Division immediately. If the Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the .imposition of a financial consequence. 23 153 Attachment C Deliverables and Performance Deliverable Financial Deliverables Minimum Performance Price # Consequences 1. Each CAMEO facility file must Not later than November 1, 2018. contain complete, correct and accurate provide complete CAMEO files in . information required in Section C of compliance with Section C. Scope of the Scope of Work.. 40 % of Contract Payment will be reduced Work, identify 25% of facilities in 2. A signed Site Visit Certification Amount by $110.00 per Facility 1 Attachment D. Include a report Form and. Site Plan in accordance with with incorrect or listing all facilities submitted with site SOW Section D for each facility. For incomplete CAMEO files. visit dates and a certification sulfuric acid (batteries) facilities, the signature stating all facilities were site visit form must contain the date visited. facility was called and the person that responded to the EPCRA in uiries. 1. Each CAMEO facility file must Not later than March. 1, 2019 provide contain complete, correct and accurate complete CAMEO files in information required in Section C of compliance with Section C, Scope of the Scope. of Work. 40 % of Contract Payment will be reduced Work, identify 25% of facilities in 2. A signed Site Visit Certification Amount by $110.00 per Facility 2 Attachment D. Include a report Form and Site Plan in accordance with with incorrect or listing all facilities submitted with site SOW Section D for each facility. For incomplete CAMEO files visit dates and a certification sulfuric acid (batteries) facilities, the signature stating all facilities were site visit form must contain the date visited. facility was called and the person that responded to the EPCRA inquiries. 1. Provide a complete correct copy of Not later than May 15, 2019 provide the approved hazards analysis file completed Hazards Analysis (Completed CAMEO file in compliance (CAMEO File) to the Local with Section C, Scope of Work) to the Emergency Planning Committee and Local Emergency Planning Committee (LEPC) and provide the Division with a Payment will not be provide DEM with notification copy of the transmittal letter. , 20l of the made without required 3 transmittal. Notify first responders and Attachment D facilities of the 2. Notify all Attachment D facilities and contract amount transmittal from notification letters/E- availability of the file on EPlan. first responders of the availability of mails. Provide DEM with transmittal and the hazards analysis information, and final. approved cameo zip uploaded make that information available upon to SharePoint or the FTP portal. request. Submit a copy of the notification to the Division. 24 154 Indian River County ATTACHMENT D — 302 EHS Facility Listing 2018/2019 FACILITY NAME "• SERC;CODE ` . f DATE OF• SITE VISIT CITY OF VERO BEACH— WATER TREATMENT PLANT 2515 Airport North Drive 1107 Vero Beach, FL 32960 CITY OF VERO BEACH— WASTE WATER TREATMENT PLANT 17 171h Street 1108 Vero Beach, FL 32960 CVS PHARMACY— DISTRIBUTION CENTER 8701 2575 98th Avenue 34821 Vero Beach, FL 32966 CVS PHARMACY— DISTRIBUTION SATELLITE #08705 1620 90th Avenue 48956 Vero Beach, FL 32966 INDIAN RIVER COUNTY HOBART R.O. TREATMENT PLANT 22701 7751 581h Avenue Vero Beach, FL 32966 INDIAN RIVER COUNTY SOUTH COUNTY R.O. TREATMENT PLANT 1550 SW 9th Street 6689 Vero Beach FL 32962 RIVERSIDE DRENCH, INC. 1605 981h Avenue 49086 Vero Beach, FL 32966 SAM'S CLUB 5565 20th Street 30651 ? Vero Beach, FL 32960 SYGENTA CROP PROTECTION 7145 58th Avenue 1095? Vero Beach, FL 32967 Page 25 155 THE FOLLOWING FACILITIES WERE LISTED ON ATTACHMENT "C" BUT.A HAZARDS -ANALYSIS WAS NOT COMPLETED FACILITY NAME SERC # REASON Okeechobee Clean Energy Center ' Plant- is physically located in Okeechobee; FL 34972 49067 Okeechobee Count Bellsouth = E8614 5256 Located in 450 SW Irving Street St. Lucie County Port St. Lucie, FL 34983 Page 25A 156 Attachment E Program Statutes and Regulations 1. Emergency Planning and Community Right to KnowAct (EPCRA), Title 111 of the Superfund Amendments Reauthorization Act:of 1986, 42 U.S.C. s. 1101, et seq. (SARA). 2. Florida Emergency Planning and Community Right to Know Act, Chapter 252, Part II, Florida Statutes. 26 157 Attachment'F Financial Invoice Form For Hazardous Materials Hazards Analysis Update RECIPIENT: AGREEMENT# ADDRESS: PERIOD OF PERFORMANCE: FEIN# AMOUNT REQUESTED BY THE RECIPIENT 1. First Payment (40% of contract amount) $ (25% Hazards Analysis submitted) 2. Second Payment (40% of contract amount) $ (25% Hazards Analysis submitted) 3. Final Payment (20% of contract amount) $ (HA's approved, Notifications & zip file uploaded) AMOUNT APPROVED BY THE DIVISION TOTAL AMOUNT $ $ (to be completed by the Division) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms.of the Agreement. Signature of Authorized Official Total HA Update Grant amount: Total amount previously paid: Total amount payable this invoice: Remaining balance: Date (To be completed by the Division) 27 158 Attachment G JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of S is requested. Balance of If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of (list applicable line items) 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 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) 28 159 Attachment H Warranties. and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These .records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work; invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be :evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 29 160 Codes of Conduct. The: Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer; or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 30 161 Attachment I Certification Regarding Debarment, Suspension; ineligibility And. Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, of the 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 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 Recipient's Name DEM Contract Number Street Address Project Number City, State, Zip Date 31 162 Attachment J Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A=87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 3. It will establish safeguards to prohibit employees from using their 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. 4. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 32 163 Attachment K Hazard Analysis Contract Checklist and CAMEOfm Guide Facility Information (CAMEOfm Facility Page) Facility Name {per Attachment D) ( Facility Page) Facility Physical Address (Facility Page) Latitude and Longitude in Decimal Degrees (ex. 30.197, -84.3621) (Map Data Tab on Facility Page) Facility Phone Number (Facility Phones Tab on Facility Page) Facility Emergency Coordinator Name, Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page) Transportation Route(s) (From County Line to the Facility) (Notes Tab on Facility Page) Evacuation Route(s) to exit the Vulnerable Zone (Notes Tab on Facility Page) Historical Accident Record (If none, please note) (Notes Tab on Facility Page) Facility Maximum Occupancy (a minimum of one is required for unmanned facilities) (ID Codes Tab on facility Page) Facility Page (ID and Regs Tab) (Mark correct 112 R and 302 check boxes, max occupancy, facility manned or unmanned) Hazard Identification (CAMEOfm Chemical in Inventory Page) (for each Extremely Hazardous Substance on site) Proper Chemical Name(s) (Chemical in Inventory Page(s)) Chemical Abstract Service (CAS) Number (Chemical in Inventory Page(s)) Physical State in Storage (ex. mixture, pure, liquid, gas) (Chemical in Inventory Pages}, Physical State and Quantity Tab) Maximum amount in largest container tab amount) Maximum Quantity On-site in Pounds (Chemical in Inventory Pages}, Physical State and Quantity Tab) Amount in Largest Container or Interconnected Containers (Chemical in Inventory Page(s), Physical State and Quantity Tab) (This amount must be the same as the Scenario Page release amount.) Type/Design, Pressure and Temperature of Container(s) cylinder, battery, ambient etc. (Chemical in Inventory Page(s), Location Tab) Nature of the Hazard (ex. acute, chronic, fire, pressure, etc.) Chemical in Inventory Page(s), Physical State and Quantity Tab) Vulnerability Analysis (CAMEOfm Scenario Page) (for each Extremely Hazardous Substance on site) Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario Description tab) (This amount must be the same as the Chemical in Inventory page Maximum amount in largest container tab amount) Enter the concentration percentage in the Concentration field (Scenario Description tab) Enter Release Duration (10 minutes for gases, solids in solution orpowders; no entry for liquids is required) (Scenario Description tab) Determine the natural Physical State (specified in CAMEO Chemicals) and enter into the Physical State field (Scenario Description tab) Weather Information - Use the weather default settings or enter average wind speed (do not enter a value in the Wind From field) Urban or Forest is recommended in the Ground Roughness field. (Scenario Description tab) Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring (based upon release history etc.} (Scenario Description tab) Extent of Vulnerable Zone (CAMEO automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are used) (Scenario Description tab) Enter estimate of Total Exposed Population (Notes Tab on Scenario Page(s)) Enter Critical Facilities (name of critical facility(s) and max occupancy for each; if none, state No Critical Facilities) (Notes Tab on Scenario Page(s)) On -Site Visits (for each Facility and within the Contract Period) Site Visit Certification Form (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV. Phone call updates for the Sulfuric Acid Battery Exemption Facilities must indicate who made the call, the name of the facility representative spoken to, and the date of call.) Site Plan (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SP — if SERC number is not available the facility name and SP — additional info allowed but not required.) Sufficient Detail to Identify: Location of Major Building(s) Name and Location of Extremely Hazardous Substance(s) (if extremely hazardous materials are co -located, noting EHS is acceptable) Name and Location of Street(s) Identify Pertinent Access and Egress Points Note Additional Features Pertinent to Hazardous Materials and Medical Response 33 164 Attachment L FLORIDA STATE EMERGENCY RESPONSE COMMISSION FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM PLEASE PRINT. Facility Name Street Address, City & Zip Code County Name of Facility Representative Facility Representative Signature Site Visit Performed by Signature SERC ID # Site Visit Date Site Visit Date If a telephone update was conducted instead of site visit, please check box O The individuals signing above certify that a hazards analysis site visit was conducted on the above date. Notes: ❑ Check if facility representative was informed about using E -Plan (https://erplan.netteplan/login.htm) for EPCRA on=line filing 34 165 Attachment M Statement of Determination Facility Name Physical Address: LEPC: County SERC # I have determined that this facility is / is not subject to the following section(s) of EPCRA, Title III, for the reporting year(s) indicated (circle all applicable): SECTION 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 302/303 Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N 311/312 Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/W 313 Y/N Y/N Y/N Y/N Y/N Y/N YIN Y/N Y/N Y/N Y/N If "No" was indicated on any of the above, please check appropriate box(s) why: Sections Extremely Hazardous Substances (EHSs) are / were present only in amounts less than established 302/303 Threshold Planning Quantities POs . No EHSs are Present. No EHSs were present on-site during the year. Sections Hazardous chemicals/EHSs are/were present only in amounts below established reporting thresholds. 311/312 No hazardous chemicals/EHSs are/were present. No hazardous chemicals were present on-site during the year. Section Not within covered SIC Codes. 313 Within covered SIC Codes, but less than ten (10) employees. Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313 reporting thresholds. Other Closed facility Chemicals removed Chemicals reduced below Date Effective: YES / NO YES / NO thresholdrrPQ YES / NO New Facility. Date chemicals brought on site meeting / exceeding TPQ: Further explanation if necessary CERTIFICATION: I understand the requirements of the law(s) circled above. I also understand that ultimate compliance responsibility lies with me and failure to comply, if required, can result in civil and criminal penalties under federal and state laws. Name of owner/operators authorized representative (printed): Official Title (printed): Signature: Date signed: 35 166 Attachment N Close Out Report DIVISION OF EMERGENCY. MANAGEMENT Hazard Analysis Update Grant 2018-2019 This form should be completed and submitted to the Division no later than sixty (60) days after the termination date of the Agreement. Sub -Recipient Address City and State. Cost Categories By Category - Total Agreement Expenditures 1. Deliverable 1 2. Deliverable 2 3. Deliverable 3 Total $0.00 Agreement No. Agreement Amount Agreement Period Payments Received Under this Agreement (Include any advanced funds and final requested 1 2 3 4 5 6 Total 7 Agreement Amount Minus Total Payments (Including final requested funds — Line 7) Unused balance 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)." Signed Chief Financial Officer or Budget Director Name & Title Date FOR DEM USE: Signed DEM Grant Manager Name & Title 36 167 CONSENT LBCCMeeting 09-11-2018 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator I Department of General Services Date: August 13, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Anne Shepherd, Director Library Services Subject: Indian River County Library System Long Range Plan 2019-2022 BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have a Commission Approved Long Range Plan on file at the State. The Plan runs from 2019-2022. DESCRIPTIONS AND CONDITIONS: The Long Range Plan for the Libraries had several components. The components included a survey both on line and on paper in the Libraries, four public forums, and two staff workshops. Four service responses were identified to focus on for the next four years. The responses are: Reading, Viewing and Listening for Pleasure, Lifelong Learning, Physical and Virtual Spaces, and Youth and Family Engagement. Each service response has goals, objectives and activities. The current Long Range Plan addresses each Library individually with goals and objectives that are almost identical. The new plan addresses the Library System as a whole with common goals, objectives and service responses. This will unite the libraries as one system serving the citizens of Indian River County with excellent Libraries. FUNDING; No funding is required for the subject task. RECOMMENDATION: Staff respectfully request the Board of County Commissioners approve Indian River County Library System 2019-2022 Long Range Plan. ATTACHMENT: Indian River County Library System Long -Range Plan of Service 2019-2022 APPROVED AGENDA ITEM FOR SEPTEMBER 11, 2018 C:\Users\svotzi\AppData\Local\MicrosoR\Windows\Temporary Internet Files\Content.Outlook\XDFMY9P!\BCC Memo - Library Services Long Range Plan 2019-2022.doc 168 INDIAN RIVER COUNTY LIBRARY SYSTEM Long -Range Plan of Service 2019-2022 Indian River County Main Library 16,00,21" Street Vero Beach FL 32960 (772) 770-5060 www.irclibrary.org O L� OR�n Indian River County Library System INDIAN RIVER COUNTY LIBRARY SYSTEM LONG RANGE PLAN 2019 - 2022 TABLE OF CONTENTS Board of County Commissioners & Management 2 Mission Statement 2 Library System General Principles 3 General Information 4 History 5 Government 7 Library Descriptions 7 Community Profile 11 Regional Profile 12 Library Roles 13 Library Survey 17 Goals,Objectives, & Activities 18 Technology & Facilities 21 1 170 Board of County Commissioners of Indian River County Susan Adams Joseph Flescher Tim Zorc Peter O'Bryan Bob Solari County Administrator Jason E. Brown Assistant County Administrator/General Services Director Michael C. Zito Library Services Director Anne M. Shepherd Friends Presidents Jane Dawe, Main Library, Gifford, Law, & Brackett Library Lynn Walsh, North County Library Mission Statement The mission of the Indian River County Library System is to provide the means by which people of all ages, interests, and circumstances may avail themselves of the recorded wisdom, experiences, and ideas of others. In support of this mission, library materials are assembled, organized, and made accessible to all. Opportunities for personal, educational, cultural, and recreational enrichment are offered. Collections of library materials, services, and programs are planned and developed to respond to individual and community needs. A trained and skilled staff and the latest technologies are employed to facilitate and enhance the use of resources of the library system. 171 By committing themselves to excellence in all facets of the library system's services and operations, the library administration and staff reaffirm the democratic ideals upon which the American public library was founded. General Principles of the Library System Purpose: Public libraries, through their services and facilities, contribute to the quality of life in the communities they serve. A public library system committed to excellence will. assist in enhancing the quality of life for all of the residents of Indian River County. Service Principle: The users of the Indian River County Library System deserve the highest quality service possible to fulfill their educational, informational, cultural, and recreational needs. High quality library service is dependent upon the following factors: well -selected and well-maintained collections of library materials in adequate numbers to respond to user needs, the availability of qualified and enthusiastic personnel, convenient hours of service, inviting physical facilities accessible to all segments of the county, implementation of the latest technology, and the financial resources to meet library needs of the county residents. The Indian River County Library System subscribes to the principles and statements included in the Library Bill of Rights and its interpretations and the Freedom to Read Statement, in the latest versions,.as adopted by the American Library Association. Standards: The Indian River County Library System recognizes the importance of standards appropriate to public library service. Standards are developed by the American Library Association, the Florida Library Association, the State Library of Florida, and other similar organizations responsible for the 172 development of standards. Unless otherwise excepted, such standards are used as guidelines for the library system. General Information The Indian River County Library System includes the Main Library, located in downtown Vero Beach; the Brackett Library, a joint -use facility with Indian River State College, located on the Mueller Center campus in Vero Beach; the North Indian River County Library, located in Sebastian; the Law Library, located.in the Main Library, and the Gifford Youth Activities Center Library, located in the Gifford community. The system employs 43 staff (FTE). The FY 2018/2019 proposed budget for the library system is $4,031,695.00. The facilities total 106,347 square feet. The Main Library is 49,389 square feet; the Brackett Library is 30,000 square feet; the North County Library is 25,445 square feet, and the Gifford Library is 1,513 square feet. The System offers access to 472,787 items, including audio visual and electronic materials. There is also an extensive Florida history, genealogy, and Civil War collection which include online databases, historic maps, and microforms. The library system has been automated since 1991, and upgraded periodically and as recently as 2017. Polaris is the automation vendor. All library applications are automated. Upgrades are done as available. The Friends of the Library organizations offer support for all the system libraries. Volunteers provided 10,796 hours of service to the System in FY 2016/2017. Library Hours of Operation: Main Library Mondays & Thursdays 10:00 - 8:00 Tuesdays, Wednesdays, & Fridays 10:00 - 5:00 Saturdays 10:00 - 4:00 Sundays 1:00 - 5:00 Brackett Library Mondays, Thursdays, & Fridays 9:00 — 5:00 4 173 Tuesdays & Wednesdays 12:00 — 8:00 North Indian River County Library Mondays - Wednesdays 10:00 - 8:00 Thursdays & Fridays 10:00 - 5:00 Saturdays 10:00 - 4:00 Gifford Library Tuesday, Wednesday, Thursday 1:00 — 5:00 Fiscal Year 2016/2017 Library System Statistics Circulation: 1,065,444 Library Visits: 559,943 Reference: 326,580 Program Attendance 57,504 History Library service for Indian River County was the main objective of the Vero Beach Woman's Club in 1915. There was community support and in 1916 the building opened serving as a library and a club house. As the population and usage increased, the need for a larger space became evident. Several of the community and the Woman's Club formed the Indian River County Library Association. A fund drive ensued and a 7,000 square foot facility was built across from City Hall. The library opened in 1962. An addition was built in 1974. LSCA funds were awarded in 1983 to build a meeting room and a reading room ($25,000.00), and the building was increased to 9,500 square feet. In 1981, the Sebastian River Library Association was organized by the Sebastian Junior Woman's Club. The North Indian River County Library began as the Sebastian Area County Library and was first opened in May, 1983, in a small building which formerly served as Sebastian City Hall. The library was governed by the Sebastian River Library Association, but received most of its funding from Indian River County. In October, 1986, the library became a division of county government and plans were soon 5 174 underway for a new facility as usage and the collection had outgrown the 2,400 square foot building. A new facility was opened and named the North Indian River County Library, reflecting its service commitment to more than Sebastian residents, in November, 1990. As the end of the decade came nearer, it became necessary to once again plan for more space. In 2002 the Library was expanded and remodeled to its current size of 25,445 sq.ft. In 1985, LSCA funds provided for a system development plan ($6,000.00). Cecil P. Beach and Darro C. Wiley prepared the report entitled "The Indian River County Library Organizational Analysis and Needs Assessment." This report was approved by the Indian River County Board of County Commissioners in January, 1986. In June, 1986, LSCA funds provided for an automation planning grant ($7,000.00). RMG Consultants, Inc. prepared the "Plans and Recommendations for Automated Systems and Services for Indian River County Library System." Pat McClintock prepared the report, and he updated the report in 1989. In September, 1986, a 5.9 million bond issue passed 3-1 by the citizens of Indian River County to build 2 new facilities, fully automated. In July, 1987, Richard L. Waters was selected to prepare library building programs for the North Indian River County Library and the Indian River County Main Library. In November, 1990, the new 17,470 square foot North Indian River County Library facility opened. In February, 1991, the new 39,666 square foot Indian River County Main Library opened. Both facilities were expanded in 2002. The North Indian River County Library is now 25,445 square feet and the Indian River County Main Library is 49,286 square feet. The Indian River County Law Library was established in 1957. Indian River County took over the complete responsibility of operating and maintaining the Law Library in October, 1989. In January of 1995, the new Law Library 6 175 opened in the new Court house with 3,993 square feet. Due to space needs of the Courthouse, the Law Library was relocated to the Main Library in 2012. In 2003, a small library outlet was opened in the Gifford Youth Activity Center building. For several years, discussions had taken place with Indian River State College to build a branch on the Mueller Campus in Vero Beach. In 2002, the Board of County Commissioners approved this location for the next branch library. The Board also approved the expenditure from sales tax revenues. In March, 2004, the Board of County Commissioners approved a contract with Harvard Jolly Cleese Toppe Architects and Ruth O'Donnell, library consultant, to prepare the "Indian River County Library Master Facilities Plan, 2005 — 2025." This report was approved by the Board of County Commissioners on March 15, 2005. In January, 2005, the Board of County Commissioners agreed to deposit $4.3 million dollars in the Indian River State College Foundation account to be eligible for a state dollar for dollar match from the Legislature. The Legislature approved this match and plans proceeded with this facility. The 30,000 square foot Brackett Joint -Use Library opened on October 28, 2009. Government The Indian River County Library System is a division of the General Services Department. The Library Services Director reports to the Assistant County Administrator, who reports to the County Administrator, who reports to the Board. The library system's budget is funded from the general fund. Library Descriptions Indian River County Main Library The collection has 257,008 cataloged items in addition to the microfiche, microfilm, and map collections. The collection includes materials in all formats, including electronic resources and E -books. There is also a 176 collection for the visually impaired. The emphasis of the collection is general reference and Florida history and genealogy. Main Library staff is shared with the Brackett Library. Equipment is available for public use, as well as public computers. Wireless Internet access is available. There are seven study/typing rooms, 1 classroom, 1 conference room, 1 meeting room with capacity of 20-25, and a 200 -seat capacity multimedia meeting room. The children's department has a large story time pit. The Adult Literacy Service of Indian River County maintains its office in the lobby area of the library. The Friends of the Library Gift Shop and office are also located in the lobby area of the library, and the Friends' Used Book Depot is in another location. The Vero Beach Art Club exhibits local artists' works throughout the year. There are three display cases for special displays, and the lobby has two large bulletin boards. The Friends purchased display boards for specific subject displays and displays from the Florida Humanities Council. The library serves as an early voting site. The Friends sponsor the lease plan program that provides patrons with additional copies of popular books and DVD's (System -wide). Programming is on-going for adults, young adults, and children. For children, the library offers Books and Babies; pre -toddler, toddler, and 3-5 year old storytimes; after school programs; art; music; sign language; summer programs; field trips and tours; and special programs throughout the year. Programs for adults and young adults have included poetry, genealogy, babysitting, calligraphy, belly dancing, yoga, breathing, sign language, art, music, monthly concert (on the lawn), talent shows, writing, modeling, career, creative writing, drama, illustration, photography, public relations, crafts, cultures, summer programs, and special programs throughout the year. The Friends sponsor author presentations. 177 Indian River County Law Library The Indian River County Law Library is located on the second floor of the Main Library. The Law Library provides legal resources and information for the community. Resources are provided for patrons, students from junior high school through graduate school, paralegals, judges, attorneys, law enforcement personnel, and the general public. The Law Library offers Lois Law and basic law references in print form. There is no charge for any of the Law Library services. North Indian River County Library The collection includes 117,660 items in many formats, including electronic resources and E -books. Wireless Internet access is available. Library users have access to the collection through the Polaris system's online catalog. Equipment is available for public use, and public computers are also available. A meeting room, seating 200, a conference room seating 10 and three study/typing rooms are available for groups or individuals to reserve and use. All are heavily booked by community groups, boards, literacy tutors, etc. A Storytime Room in the Children's Department provides a special area for children's programming. The library sponsors and/or cosponsors many programs for all age groups, often with support from the Friends of the North Indian River County Library. Programs for preschoolers and toddlers are offered by the Children's Department. Staff visits Headstart Centers monthly, as well as offering programs in the library to local preschools. During the summer a full schedule of programs for children of all ages is offered. The Friends offer film programs each Thursday from January through April. Several reading/discussion groups, poetry and writing workshops have been offered. Musical programs are very popular. 178 Exhibits are displayed monthly in the library covering a variety of subjects and types of objects. Some belong to local collectors or craftsmen; others are traveling exhibits offered by a variety of sources. Fees are paid by the Friends organization. Through the programming, meetings and displays offered, the library has become a cultural center for the north county area. More information about the resources, programs and materials of the North Indian River County Library can be found on the website: www.irclibraKy.org Brackett Library (Indian River County/Indian River State College Joint - Use) The Brackett Library is located on the Mueller Center campus of Indian River State College in Vero Beach, Florida. This two-story, 30,000 square feet facility is a full service public library branch of the Indian River County Library System. The Brackett library offers services to patrons of all ages, students, and faculty. There is a computer Instruction Lab that can be used both by the College and the public with 37 workstations. Equipment and public computers are available for the public. Brackett has 89,493 cataloged items. Programs for all ages are also offered throughout the year (including concerts on the lawn). There are 4 study rooms, a reserve room, a small classroom, a 20 — 25 seat conference room, and a 50 — 75 seat meeting room. The "Vero Man" historical exhibit is housed on the second floor of the Library. Close proximity to the Charter High School lends to numerous cooperative projects. Gifford Library The collection has 10,160 cataloged items. The collection's focus is K-12 in numerous formats. Public computers are also available and wi-fi access. 10 179 The library is located within the Gifford Youth Activity Center building. The Center provides varied and numerous programs for all ages in the Gifford Community. The facility is located next to the Gifford Aquatic Center and a park. There is a gymnasium within the facility. The Center serves as a voting precinct. Indian River State College offers a computer lab and classes, along with Project Hope, Upward Bound, and Adult Basic Education. Community Profile Indian River has a humid, sub -tropical climate with an average coastal temperature of 72.6 degrees. The county is 502.872 square miles and is located on the east coast between Brevard and St. Lucie Counties. The following information is from the "Profiles of Florida 2014." Population of the county is 141,994 (2013 estimate). The average age is 48.9. Per capita income --$31,630 Median Household --$45,274 Average Household --$72,710 Woods & Poole 2014 State Profile Ages 0 - 17: 18.7% Ages 18 — 34: 15.6% Ages 35 — 54: 23.9% Ages 55 — 64: 14.5% Ages65 — 79: 18:6%0 Ages 80 & Older: 8.7% White: 87.4% Black`. 9.3% Asian: 1.4% Hispanic: 11.7% Native American: 0.4% Percentage of population over 25 with 12 or more years of school completed: 86.7% i l 180 Percentage of population over 25 with 16 or more years of school completed: 26.8% Percentage of population over 25 with a master's degree or higher: 10.2% There are 2 high schools, 1 freshmen learning center, 4 middle schools, 1 exceptional school, 1 Alternative Education school, 13 elementary schools, 5 Charter schools, Adult and Community Education School, Gifford Youth Activities Center, and the Indian River State College Mueller Center. The Vero Beach Art Museum, Riverside Theatre, Riverside Children's Theatre, and the Vero Beach Theatre Guild provide cultural, recreational, and classroom programs for the community year round. There are numerous golf courses, beach parks, and parks within the county. In addition, there is the aquatic center, North County pool, and the gun range. Indian River County residents can enjoy the Environmental Learning Center, McLarty Museum, Mel Fisher Museum, McKee Botanical Gardens, Laura Riding Jackson Home Preservation Foundation, Windsor Polo Club, and the Disney Resort. The Vero Beach Sports Village offers sports -related activities throughout the year. Regional Profile The North Indian River County Library has traditionally been considered to serve the communities of Sebastian, Roseland, Fellsmere, Wabasso, Orchid Island and unincorporated areas of Indian River County north of Hobart Park. There are no actual boundaries for service within the County, however, as the library is a branch of the Indian River County Library system, and together with the Main Library and other branches, serves all of Indian River County. For the purpose of pointing out the distinguishing features of this branch, however, we will look at the characteristics of the communities listed above. The estimated population of Sebastian, Fellsmere and Orchid Island, Wabasso, and Roseland is 31,475. The north county area has five elementary schools, a middle school, a high school and an exceptional school, as well as a charter elementary and a charter junior high school. There are three preschools in the area and three 12 181 Headstart centers. Along with a growing home school population, many students use the library extensively. Students in this area often continue their education at Indian River State College or Brevard Community College. Recreational opportunities are offered by Adult Education, the Indian River County Recreation Department, the City of Sebastian Recreation Department, the Sebastian Sharks football and cheerleading league, the Sebastian Soccer Association and Sebastian Little League. Golf courses are available in Sebastian and Winter Beach. The North County Aquatic Center offers a variety of water activities, and a new softball park is located nearby. The Sebastian Inlet State Park and Recreation area, as well as county parks and beaches provide many opportunities for outdoor activities. The Environmental Learning Center at Wabasso causeway, the McLarty Museum on AIA, and Mel Fisher's Treasure Museum in Sebastian provide other interesting experiences for residents and visitors. The Sebastian River Medical Center provides a series of health-related programs each year. Many organizations thrive in the north county area, reflecting the diverse interests of the community. Many of these organizations hold their meetings in the library meeting room each month, such as Welcome Wagon, the Fishing Club, the Sebastian River Area Historical Society, the Treasure Coast Archeological Society, the Pelican Island Preservation Society, and various property owners associations. Service groups, such as the Exchange Club, Rotary Club, Chamber of Commerce, Sebastian Junior Woman's Club and Sebastian Woman's Club meet elsewhere. Library Roles Indian River County Main Library Primary roles are "reference center," "independent learning center," and the "popular materials library." Secondary roles are the "preschooler's door to learning," the "formal education support center," and the "community activities/information center." The library actively provides timely, accurate, and useful information to those in pursuit of job-related and personal interests. Staff provides on-site and telephone reference/information services, interlibrary loan services, research 13 182 classes, provide Internet, online reference resource services, and assist with Florida history and genealogy research. The library supports individuals of all ages who are pursuing a sustained program of learning independent of any educational provider. Comprehensive collections are available to support their varied interests, from career development and basic skills to writing for publication and advanced historical research. Information is available in many formats, including microfilm and fiche, Internet, and online resources. The collection strengths are in literature, business, medical, history, Florida history, county history, war information, maps, and genealogy. Staff is knowledgeable in general, as well as specialized reference. Wireless Internet and public computers are available. Over 70% of the materials budget is expended on reference, Florida History & Genealogy, online services, and nonfiction materials, supporting the primary roles of "reference center" and "independent learning center." The primary role of "popular materials library" is supplemented by the Friends of the Library book lease plan. The Friends donate annually for the purchase of multiple copies of popular materials. The library features and promotes the use of current, high demand, high interest materials in a variety of formats for persons of all ages. The "new book" area is located just inside the entrance to the library. One of the secondary roles is the "preschoolers' door to learning." The library encourages preschoolers to develop an interest in reading and learning by providing services for children and for parents and children. The library promotes reading readiness from infancy. Programs are offered weekly for these age groups and their parents: babies, toddlers, preschoolers, day cares, and grade school children. Knowledgeable staff is available to assist with patron's needs. The children's collection includes materials for the home schoolers, curriculum enrichment, adult basic education, recreational, educational, magazines, audio visual, online resources and Internet. Board books, picture 14 183 books, easy books, paperbacks, read -a -longs, computer games, puppets, fiction and nonfiction books are available. The "formal education center" is another secondary role. The library assists students of all ages in meeting educational objectives established during their formal course of study. Assistance and materials are available for elementary and secondary students, college and technical school students, adult basic education and adult literacy students. Research and computer classes are taught for each type of student and for every level. The library has informal agreements with Indian River Community College, Webster Business College, and Flight Safety. The library is also considered a "community activities and information center." The library provides both meeting room space and equipment for community, governmental, and library related and library sponsored programs. Meeting rooms available for public use are: 1 large multimedia room, 2 conference rooms, a 25 seat meeting room, 1 classroom, and 7 study/typing rooms. The library maintains a high profile as a clearinghouse for current community information. The Information & Referral database is available for downloading. The Genealogical Society has indexed the local newspaper and obituaries. Two large bulletin boards are available for the public in the lobby and 3 more are available on the second floor. Public information from numerous community organizations is made available on the first floor. Indian River County Law Library The primary role of the Law Library is "reference center." The library actively provides timely, accurate, and useful information for the legal profession and for residents in their pursuit of job-related and personal interests. The library promotes on-site and telephone reference & information services, interlibrary loan services, Internet and online resources access. North Indian River County Library The primary role is "popular materials library." The library features current, high demand, high interest materials in a variety of formats for persons of all ages. The library actively promotes and encourages the use of its collections. 15 184 Multiple copies of best sellers, new titles in all formats are required. The staff is knowledgeable about current, popular interests and anticipates "hot" titles. The secondary roles are the "independent learning center" and the "preschooler's door to learning." The library supports individuals of all ages pursuing a sustained program of learning independent of any educational provider. The library is the only institution available to persons regardless of age or the ability to pay. Reference materials and how-to manuals in all formats are available for the independent learner. Staff must be available to assist in the pursuit of interests and to guide to the appropriate materials. The facility provides comfortable reading areas, and space is available for quiet study. The library also encourages young children to develop an interest in reading and learning through services for children and for parents and children together. The library promotes reading readiness from infancy, providing services for self -enrichment and for discovering the pleasures of reading and learning. The library provides a place designated for preschoolers to satisfy their curiosity, stimulate new interests, and find information. The library promotes early reading, contributing to successful performance in formal schooling. The collection has a variety of materials and formats for prechoolers and adults working with young children. Staff is knowledgeable about early childhood development and children's literature. Indian River County/Indian River State College Brackett Library The primary roles of the Brackett Library are "formal education support center," "reference center," and "independent learning center." These roles are based on the type of branch the Brackett Library is and may be further supported by usage statistics. The secondary roles are "popular materials library" and "preschooler's door to learning." Instructional classes are held in the computer lab and group study is held in the larger study room. Programs based on the Main Library programs are held for all ages throughout the year, including the outdoor concerts. 16 185 Library Survey The Indian River County Library System conducted public forums in the Winter of 2018. Eight forums were conducted, 2 for staff and 4 for public with 2 at the Main Library, one at Brackett Library and one at North County Library. Each forum was conducted in the same format with the topic headings being the focus of discussion. The headings were : facilities, programs, collection, technology and other. About 60 citizens attended and discussion among the groups was common. The comments were recorded and cataloged. The most common topic and or complaint was the hours of the various libraries and the lack of staffing. Brackett Library was the most noted with the lack of Saturday hours. The second most requested topic was to have more programming. The third most noted topic was the look of the Main Library with dated furniture and paint. Saturday hours for Genealogy were also a highly requested topic, we have none at this time. More than 150 comments were recorded at the forums. It was clear at these forums that our citizens care very much about the Libraries. Some of the comments were questions that staff could answer at the time and resolve. Some of the questions were from lack of knowledge of our programs or services and some were requests for specialized services. The Indian River County Libraries conducted a Library Survey in the Spring of 2018. We provided the survey both online and in paper form in the Libraries. The online survey tool allowed us 100 responses which we received and the paper form was provided throughout the Libraries. The survey was conducted over a two week period. Survey is attached. Brackett Library received 37 responses, Main Library 297 responses and North County 342 responses. The largest overall request was for more hours -for all libraries, with Brackett the most requested for Saturday hours. The survey consisted of a ranking system with excellent, good, fair, needs improvement. The two questions at the bottom were, "what do you value about the library and how could the library or its services be improved, if at all?" The most offered comment about what they value about the Library was the staff and then the services. The comments overall were very positive and the responders gave the staff some great ideas. The majority of people wanted more: more books, more staff, more hours, more services, more classes and more DVD's. Many of the comments centered on staff and how they know our patrons' names and are so 17 186 positive. It was a great experience but did not give us the forward thinking that we were hoping for, there were not unique new ideas. We are in the process of addressing the comments and making changes where warranted. Goals, Objectives and Activities Four Service Responses have been identified County -wide that the Library staff will be achieving by using goals, objectives and activities. These service responses were created as a result of the information that staff gathered with the library survey and the public forums. The goals objectives and activities fit under the service responses. The four service responses are: • Reading, viewing and listening for pleasure • Lifelong Learning • Physical and virtual spaces • Youth and Family engagement Service Response -Reading, Viewing and Listening for Pleasure Goal: Provide current, high demand and high interest materials in a variety of formats to meet patron demand, which supports the primary role of "popular materials library". Objective: Make available popular materials in all formats in sufficient quantities to meet public demand in a timely manner. Activities: • Continue the Friends of the Library's book and DVD lease plans for multiple copies of popular, best selling and well reviewed titles. • Expand the audio visual collections of DVDs, music CDs and audio books • Expand the E -Book and downloadable audio collections • Offer cultural and recreational programming for the public, community groups and organizations • Offer book groups, writing groups and classic film groups 18 187 Service Response- Lifelong Learning Goal: Provide patrons with timely, accurate and useful information in a variety of formats, which supports the primary roles of "reference center" and "independent learning center". Objective: Make available materials and technology to answer patron's needs for information on any subject in which they have an interest or a need to learn. Activities: • Provide in-house, Internet, telephone, online and interlibrary services to best meet individual needs. • Provide training and access to the Internet and online resources for patrons and staff. • Evaluate and determine which format for which resource is the most user friendly and cost efficient • Keep all resources current, both in print and technology • Build and Maintain a comprehensive reference collection, Florida History & Genealogy and non- fiction collections to assist patrons with their pursuit of job-related, scholarly or personal interests. • Continue to digitize historical information & photographs. • Develop an ongoing plan to extend the hours of Brackett and North County Libraries to assist the public with their information needs. Service Response -Physical and Virtual Spaces Goal: Provide safe and welcoming spaces to meet, interact, read and study. Objective: To have all four of our libraries be considered as "Community Gathering Spaces" by our patrons. To have our buildings be multiple use destinations for our community and to meet the needs of all ages 19 188 Activities: • In 2019 complete the full interior painting of both the Main Library and North County Libraries. • In 2019 complete the replacement of the security camera systems at both Main Library and North County Library. • Provide study and meeting spaces for community use • In 2019 complete the replacement of much of the public furniture at the Main Library and some of the furniture at North County Library using the money from the sale of the old library. • Continue to repurpose spaces in all the Libraries as our collection needs change. • Provide updated technology for community use including printing and computers. Service Response -Youth and Family Engagement Goal: Encourage children of all ages to develop an interest in reading and learning and self -enrichment. Objective: Provide assistance & resources for youth of all ages from birth forward to meet their educational objectives and a love of reading and learning. Activities: • Provide weekly storytime programs for babies, toddlers, preschoolers, day care centers and grade school children. • Provide special programming through the year including holidays, a summer reading program and evenings • Develop the collection for children for curriculum enrichment, home schoolers, education, recreation and information. • Assist parents and caregivers in encouraging their efforts to foster a love of reading in youth. • Develop selected reading lists for all ages and levels for children, parents, and teachers. • Make available resources and knowledgeable staff relevant to the students' needs. 20 189 • Provide resources that supplement each level of study and cooperate with the local schools. Technology A technology plan is on file with the State Library. Certification of approval of this plan has been received. Facilities In March, 2004, the Board of County Commissioners approved a contract with Harvard Jolly Cleese Toppe Architects and Ruth O'Donnell, library consultant, to prepare the "Indian River County Library Master Facilities Plan, 2005 — 2025." This report was approved by the Board of County Commissioners on March 15, 2005. This revision prepared by Anne M. Shepherd, Indian River County Library Services Director, August, 2018. 21 190 1 4an giver Camty Ubrery System INDIAN RIVER COUNTY LIBRARY SYSTEM Please take a moment to answer this anonymous survey about the library. All questions are optional. How would you rate each of the following library services? Customer Service 0 Excellent 0 Good 0 Fair 0 Needs improvement 0 N/A Collection (books, DVDs, music, newspapers, etc.) 0 Excellent 0 Good 0 Fair 0 Needs Improvement 0 N/A Programs (classes, storytimes, etc.) 0 Excellent 0 Good 0 Fair .0 Needs Improvement 0 N/A Online services (website, catalog, research databases, etc.) 0 Excellent . 0 Good 0 Fair 0 Needs improvement 0 N/A Computers and printers 0 Excellent 0 Good 0 Fair 0 Needs Improvement 0 N/A Internet access 0 Excellent 0 Good 0 Fair Facilities 0 Excellent 0 Good 0 Fair Hours of operation 0 Excellent 0 Good 0 Fair Overall, how would you rate the library? 0 Excellent 0 Good 0 Fair What do you value most about the library? 0 Needs Improvement 0 N/A 0 Needs Improvement 0 N/A 0 Needs Improvement 0 N/A 0 Needs Improvement 0 N/A How could the library or its services be improved, if.at all? 22 191 CONSENT 10L INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone; Director Department of Emergency Services FROM: Cory S. Richter, Assistant Chief Fire Rescue Division DATE: August 21, 2018 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On October 4, 2016, the Indian River County Board of County Commissioners approved a renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services to provide BLS/ALS Emergency Medical Services originating within. Indian River County. This certificate was necessary in order to comply with Indian River Code of.Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 15, 2018, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River County Department of Emergency Services. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 192 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services, to be effective for a period of two (2) years from October 15, 2018, to October 15, 2020. ATTACHMENTS: Renewal Application from Indian River County Department of Emergency Services 2. Two (2) Certificates of Public Convenience and Necessity for Indian River County Department of Emergency Services 193 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I. CLASSIFICATION OF CERTIFICATE REQUESTED (See attachment for certificate classifications) Class A X Class C ❑ II. TYPE OF APPLICATION: NEW ❑ RENEWAL X Class B ❑ Class D ❑ LEVEL OF SERVICE: BLS ❑ ALS X III. DATE OF APPLICATION: September 20, 2016 APPLICATION FEE ATTACHED: YES ❑ NO X APPLICATION FEE OF $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. THE APPLICATION FEE IS WAIVED FOR CERTAIN APPLICANTS - REFER TO THE ATTACHMENT FOR INFORMATION. If payment is applicable, the check must be made payable to INDIAN RIVER COUNTYT, FLORIDA. 1. NAME OF AMBULANCE SERVICE: Indian River County Department of Emergency Services 194 MAILING ADDRESS: 4225 43rd Avenue CITY: Vero Beach COUNTY Indian River ZIP CODE: 32967 BUSINESS PHONE: (772) 226-3900 2. TYPE OF OWNERSHIP: (i.e. Private, governmental, Volunteer, Partnership, etc.) COUNTY 3. MANAGER'S NAME: Tad Stone, Director of Emergency Services 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary). NAME ADDRESS POSITION Peter D. O'Bryan 1800 271' Street Vero Beach, Fl. Chairman Susan Adams 1800 271 Street Vero Beach, Fl. Commissioner Bob Solari 1800 2701 Street Vero Beach, Fl. Vice Chairman Tim Zorc 1800 27' Street Vero Beach, Fl. Commissioner Joseph E. Flescher 1800 27d' Street Vero Beach, Fl. Commissioner 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES: NOT APPLICABLE 6. PROVIDE SOURCE OF FUNDING Tax Generated Revenue/User Fee 7. RATE SCHEDULE ATTACHED? YES X NO ❑ NIA ❑ 195 8. LIST THE ADDRESS(s) OF YOUR BASE STATION AND ALL SUB -STATIONS: Administrative Office 4225 431 Avenue, Vero Beach, Fl. 32967 Emergency Services Station 1 1500 Old Dixie, Vero Beach, Fl. 32960 Emergency Services Station 2 3301 Bridge Plaza Drive, Vero Beach, Fl, 32963 Emergency Services Station 3 2900 431d Avenue, Vero Beach, Fl. 32960 Emergency Services Station 4 1500 91 Street S.W., Vero Beach, Fl. 32962 Emergency Services Station 5 6585 US 1 Vero Beach, Fl. 32970 Emergency Services Station 6 101 South A 1 A, Vero Beach, Fl. 32963 Emergency Services Station 7 1891901 Avenue, Vero Beach, Fl. 32966 Emergency Services Station 8 1115 Barber Street, Sebastian, Fl. 32958 Emergency Services Station 9 1640 US 1, Sebastian, Fl. 32958 Emergency Services Station 10 62 North Broadway, Fellsmere, Fl. 32948 Emergency Services Station 11 2555 93" Street, Vero Beach, Fl. 32963 Emergency Services Station 12 3620 491h Street, Vero Beach, Fl. 32967 Emergency Services Station 13 4440 4'h Street, Vero Beach Fl. 32968 Emergency Services Station 14 6780 26'h Street, Vero Beach FL. 32966 Emergency Services Station 15 9470 CR 512, Vero Beach FL. 32967 9. THE APPLICANT MUST DEMONSTRATE A NEED FOR THE PROPOSED SERVICE IN THE REQUESTED SERVICE AREA (attach sufficient documentation). Reference Chapter 304 Advanced Life Support 10.DESCRIBE THE GEOGRAPHIC AREA(s) IN WHICH YOUR PROPOSED AMBULANCE SERVICE WILL RECEIVE PATIENTS: Indian River County with the exception of the Town of Indian River Shores (Mutual Aid) 11. COMMUNICATIONS INFORMATION: RADIO FREQUENCY (s) Hams 800MHz Trunk Radio System RADIO CALL NUMBER(s) Med 1 thru Med 14 196 12. PLEASE LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All State Hospitals and Medical Stations Sebastian River Medical Center Central Dispatch Indian River Medical Center All Law Enforcement Lawnwood Regional Medical Fire Apparatus Municipal, County and Constituency Agencies 13. ATTACH THE FOLLOWING COMPLETED DOCUMENTS WITH APPLICATION: A. VEHICLE INFORMATION (form provided) Attached B. PERSONNEL ROSTER (form provided) Attached C. I" E. INSURANCE VERIFICATION (provide copy of policy, coverage limits must be shown on policy). Attached COPY OF STANDARD OPERATING PROCEDURES INCLUDE A COPY OF MEDICAL PROTOCOLS On File in Commission Office On File in Commission Office 197 14. 1 hereby certify that this service will provide continuous service. on a 24-hour, 7- day week basis. I, the undersigned representative of the above service; do hereby attest. that my service meets all of the requirements for operation of an ambulance service in the state as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304:. life support services. I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity -Will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority. TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON THIS APPLICATIOM rE TRUE AND CORRECT. Tad Stone, Director STATE OF FLORIDA COUNTY OF 1 Ac� ?--, JEfc The foregoing instrument was acknowledged before. me this 2200 day of u5us 20 1'S -by ° C,6 5A-17-�ne He/she is personally_ known to be or has produced a driver's license as identification. 091 0 Personally known to. me., or Produced identification: ERIN BASKINS Notary 0111c - State of FioriGa fj�jj Commission N FF 233597 .My Comm. Expires May 21, 2019 deo twough Na MW Notary eaAssn. Type of I.D. NOTARY PUBLIC -� &k1jJ/0 State of Florida at Large My Commission Expires: 2 V, 198 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES VECHICLE ROSTER NAME OF SERVICE: Indian River County Department of Emergency Services DATE: August 15, 2018 SUBMITTED BY: Cory S. Richter, Assistant Chief MAKE MODEL MANUFACTURE VEHICLE IDENTIFICATION NUMBER IN ALS/BLS SERVICE ASSIGNED NUMBER Ford 2016 ETR LLC. 1 FDNX6EE5GDA02947 ALS 733 Ford 2017 ETR LLC. 1 FDWX6EEZHDB05877 ALS 734 Ford 2015 ETR LLC. 3FRNX6GZ7FV687781 ALS 711 Ford 2015 ETR LLC. 3FRNX6GZ5FV687780 ALS 710 Ford 2015 ETR LLC. 3FRNX6GZ9FV687782 ALS 713 Ford 2016 ETR LLC. 1 FDNX6EE5GDA01314 ALS 703 Ford 2016 ETR LLC. 1 FDNX6EE7GDA01315 ALS 731 Freightliner 2007 ETR LLC. 1 FVACWCS57HY41100 ALS 745 FORD 2016 ETR LLC. 1 FDNX6EEXGDA03527 ALS 732 Freightliner 2008 ETR LLC. 1 FVACWDK58HZ54111 ALS 709 Ford 2017 ETR LLC. 1 FDWX6EE4HDB05878 ALS 735 Ford 2016 ETR LLC. 1 FDNX6EE3GDA01313 ALS 706 Ford 2013 ETR LLC. 3FRNX6GZ1DV037941 ALS 715 199 AMBULANCE FEE SCHEDULE 2018 YEAR SERVICE TYPE** BASE RATE OXYGEN MILEAGE WAITING TREAT & CANCEL COMMENTS/SPECIAL CHARGES ALS 1 $500.00 $12.00 ALS 2 $675.00 $12.00 BLS $430.00 $12.00 **TYPE CODE: ALS = ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT 200 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES PERSONNEL ROSTER NAME OF SERVICE: Indian River County Emergency S TYPE OF SERVICE: BLS ❑ ALS X DATE: August 15th, 2018 SUBMITTED BY: Cory S. Richter, Assistant Chief PLEASE LIST ALL PERSONNEL (INCLUDING VOLUNTEERS) 201 CERTIFICATION TYPE EVOC NAME First EMT PARA EXP. DATE YES NO DATE Abernathy Steve EMT61835 12/1/2018 X Accardi Tristan PMD530381 12/1/2018 X Alexander Nathan PMD514917 12/1/2018 X Alvarez Antonio PMD525797 12/1/2018 X Alvarez Juan PMD517775 12/1/2018 X Arnold Wesley PMD516363 12/1/2018 X Ayerdis Alexander PMD531805 12/1/2018 X Barcus Chris PMD522673 12/1/2018 X Barkey William PMD518216 12/1/2018 X Bartholomew Blake PMD9701 12/1/2018 X Beck ITyler I EMT556938 1 12/1/2018 X 201 NAME First EMT PARA EXP. DATE YES NO DATE Bell David PMD522985 12/1/2018 X Bellamy Jerald PMD18978 12/1/2018 X Bender Joshua PMD521527 12/1/2018 X Benham Kyle PMD533321 12/1/2018 X Benham Lonn PMD500861 12/1/2018 X Berkstresser Bryan PMD532945 12/1/2018 X Berman Melech PMD4635 12/1/2018 X Bernstein Michael PMD510146 12/1/2018 X Beuttell Clifton PMD523091 12/1/2018 X Binafif Mazen PMD518192 12/1/2018 X Bishop David EMT527338 12/1/2018 X Bloch Matthew PMD526165 12/1/2018 X Bobsein Christopher PMD532246 12/1/2018 X Boniello Anthony PMD530630 12/1/2018 X Bowden Chase PMD530725 12/1/2018 X Brennan -Brooks Theresa EMT67533 12/1/2018 X Brewer Christen PMD500053 12/1/2018 X Brouwer Jhonatan PMD530310 12/1/2018 X Bruno Harrison PMD532116 12/1/2018 X Burke Donald EMT551619 12/1/2018 X Burke Chris PMD516306 12/1/2018 X Cagle Garrett PMD529396 12/1/20181 X Callahan Ryan PMD518884 12/1/2018 X 202 NAME First EMT PARA EXP. DATE YES NO DATE Calloway Jamie PMD517373 12/1/2018 X Calzadilla Evan PMD528250 12/1/2018 X Cappelen Ryan PMD524938 12/1/2018 X Carter Richard EMT62379 12/1/2018 X Cass James PMD205931 12/1/2018 X Caster Mark PMD13179 12/1/2018 X Cataldo John PMD533186 12/1/2018 X Cavaleri Samuel PMD532329 12/1/2018 X Cebrynski Joseph PMD528716 12/1/2018 X Chavez Brett PMD532831 12/1/2018 X Chesnutt Jack EMT89543 12/1/2018 X Chisholm Keith EMT302434 12/1/2018 X Ciceroni Travis PMD520707 12/1/2018 X Clute Kevin PMD513260 12/1/2018 X Cobb John EMT305021 12/1/2018 X Coe John PMD19119 12/1/2018 X Coleman Levi PMD532280 12/1/2018 X Coleman Jamie PMD517444 12/1/2018 X Colligan Dalton EMT557076 12/1/2018 X Conner Thomas PMD532440 12/1/2018 X Cooper Mika[ PMD521662 12/1/2018 X Corso John EMT555494 12/1/2018 X Cuevas Ruben PMD533092 12/1/2018 X 203 NAME First EMT PARA EXP. DATE YES NO DATE Davison Mike EMT68967 12/1/2018 X Debrowski Francis 12/1/2018 X Dekker Dustin PMD522937 12/1/2018 X Dekker Anthony PMD522937 12/1/2018 X Delashmutt Kevin EMT300479 12/1/2018 X DeLuague Tyler PMD530585 12/1/2018 X Dent Richard PMD519832 12/1/2018 X Diaz Nicholas 9/30/2010 PMD517295 12/1/2018 X Diehl Linda PMD11664 12/1/2018 X DiFrancesco Brandon PMD532316 12/1/2018 X Dion Roger PMD513514 12/1/2018 X Doyle Silas PMD532846 12/1/2018 X Duskin Michael PMD521148 12/1/2018 X Efferen Robert EMT555264 12/1/2018 X Ellison Craig PMD529259 12/1/2018 X Escobedo Paul PMD529995 12/1/2018 X Eskew Bradley PMD522629 12/1/2018 X Esposito Anthony EMT550287 12/1/2018 X Farrell Sarah EMT555024 12/1/2018 X Fazekas Andrew PMD531315 12/1/2018 X Febres-Cordero Dyllan PMD526883 12/1/2018 X Feinberg Jordan PMD550235 12/1/2018 X Filippi Dean EMT58627 12/1/2018 X 204 NAME First EMT PARA EXP. DATE YES NO DATE Fioretto Nicholas PMD533332 12/1/2018 X Flood Stephen PMD517414 12/1/2018 X Flores Ivan PMD522059 12/1/2018 X Flores Julio PMD528765 12/1/2018 X Ford Bradley PMD520524 12/1/2018 X Forget Justin PMD517465 12/1/2018 X FOX Thomas PMD515011 12/1/2018 X Fucci James PMD520699 12/1/2018 X Fuentes Alejandro EMT556818 12/1/2018 X Fuller Grant PMD526435 12/1/2018 X Gabbard Kyle PMD517432 12/1/2018 X Gallegos Matthew PMD532931 12/1/2018 X Gatins Alec PMD530238 12/1/2018 X Gehring Joely PMD206927 12/1/2018 X Glllig Justin PMD527524 12/1/2018 X Glenton Kyle EMT555559 12/1/2018 X Glick Brandon PMD531391 12/1/2018 X Gombos Richard PMD531338 12/1/2018 X Gomez Jesus PMD500432 12/1/2018 X Gornall Ross PMD532236 12/1/2018 X Grabenbauer Diane PMD17002 12/1/2018 X G ra u I Steve PM D201304 12/1/2018 X Graves Russell PMD10506 12/1/2018 X 205 NAME First EMT PARA EXP. DATE YES NO DATE Gruwell Chris PMD518342 12/1/2018 X Guanch Brian PMD517409 12/1/2018 X Hagopian Patrick PMD526945 12/1/2018 X Hamilton Michael PMD524742 12/1/2018 X Harkness Stephen PMD520969 12/1/2018 X Harley-Oppel Kyler EMT555847 12/1/2018 X Hatton Casey EMT551555 12/1/2018 X Hawkins Dustin EMT305106 12/1/2018 X Henderson Mario PMD517353 12/1/2018 X Herrington William PMD205333 12/1/2018 X Hickman Sheena EMT556638 12/1/2018 X Hinson Christopher PMD528543 12/1/2018 X Holbrook James PMD511290 12/1/2018 X Holmes Cody PMD205877 12/1/2018 X Holtzclaw Kyle PMD526160 12/1/2018 X Horner Chad PMD517607 12/1/2018 X Howard Wayne PMD513482 12/1/2018 X Hughes Devon PMD525149 12/1/2018 X Isaacson Erik PMD516256 12/1/2018 X Istanich David EMT556460 12/1/2018 X Jensen Casey PMD532162 12/1/2018 X Jimenez Alan PMD529198 12/1/2018 X Jones Christopher EMT555277 12/1/2018 X 206 NAME First EMT PARA EXP. DATE YES NO DATE Jones Jeffrey PMD520256 12/1/2018 X Jones Christopher (Willia EMT69093 12/1/2018 X Judson Jason PMD518830 12/1/2018 X Kahl Brandon PMD525353 12/1/2018 X Karpinski Dodge PMD529860 12/1/2018 X Kiernan David PMD18764 12/1/2018 X Kofke Kyle PMD201248 12/1/2018 X Kovaleski Joseph PMD500866 12/1/2018 X Kovatch Nathan EMT301777 12/1/2018 X Krueger Ryan PMD 513532 12/1/2018 X Lang Arthur PMD528944 12/1/2018 X Lang Geoffrey PMD529645 12/1/2018 X LaPorta Quinn PMD530391 12/1/2018 X Lefemine Julia PMD530554 12/1/2018 X Lewis Austin PMD532840 12/1/2018 X Lewis Sheldon PMD201184 12/1/2018 X Lloyd James PMD519334 12/1/2018 X Logsdon Tyler PMD519612 12/1/2018 X Lopez Eric PMD527039 12/1/2018 X Loudermilk Jeff EMT72913 12/1/2018 X Machiela Todd PMD530338 12/1/2018 X Mahan Steven PMD529022 12/1/2018 X Marchesini Todd PMD532401 12/1/2018 X 207 NAME First EMT PARA EXP. DATE YES NO DATE Marques Carlo PMD520450 12/1/2018 X Martin Eric (Timothy) EMT62405 12/1/2018 X Mason Brett PMD528136 12/1/2018 X Masters Daniel PMD524373 12/1/2018 X Matherly Chris PMD517422 12/1/2018 X Mazzola Michael PMD532423 12/1/2018 X McCormack Sean PMD500897 12/1/2018 X McDonnell Ryan PMD530678 12/1/2018 X Meddar Creig PMD531438 12/1/2018 X Medina Nickolas PMD 532157 12/1/2018 X Meilan Tomas PMD528093 12/1/2018 X Mirisola John PMD528138 12/1/2018 X Morris Nicole PMD512509 12/1/2018 X Morris, Jeff Jeffrey PMD532176 12/1/2018 X Morris, Josh Joshua PMD522710 12/1/2018 X Morrison James PMD520995 12/1/2018 X Mumm Elizabeth PMD17994 12/1/2018 X Murico Carmen EMT65888 12/1/2018 X NadOlny Vincent PMD14314 12/1/2018 X Neil Kyle PMD530441 12/1/2018 X Nicolosi Sebastian PMD526598 12/1/2018 X Nielsen Alex PMD528739 12/1/2018 X Nohrr Juli PMD15261 12/1/2018 X 208 NAME First EMT PARA EXP. DATE YES NO DATE Nolan Joseph PMD521024 12/1/2018 X O'Connor John PMD201258 12/1/2018 X O'Leary Alexander PMD532950 12/1/2018 X Oliver Luke PMD529846 12/1/2018 X Osgood David PMD531950 12/1/2018 X Parker Tyler PMD206434 12/1/2018 X Parker Ryan PMD200885 12/1/2018 X Patterson Ryan EMT551919 12/1/2018 X Payne Matthew PMD526894 12/1/2018 X Pica Christopher EMT513595 12/1/2018 X Plourde Hunter OMD532801 12/1/2018 X Poblano Jacob PMD527725 12/1/2018 X Porter Todd PMD206441 12/1/2018 X Potenza Nicholas PMD529338 12/1/2018 X Powell Steven PMD532276 12/1/2018 X Pressley Jason PMD525927 12/1/2018 X Quigley Brennan PMD521602 12/1/2018 X Ramdin Vijay EMT555012 12/1/2018 X Ramsey Willard EMT65533 12/1/2018 X Rattray David PMD512660 12/1/2018 X Rattray April PMD201637 12/1/2018 X Raulerson Jameson PMD513490 12/1/2018 X Raynor Jeffrey EMT59108 12/1/2018 X 209 NAME First EMT PARA EXP. DATE YES NO DATE Reardon Jonathan PMD518791 12/1/2018 X Reiselbara Julie PMD205904 12/1/2018 X Richter Joseph PMD501605 12/1/2018 X Rivas Robert PMD520972 12/1/2018 X Roberts Brian PMD524601 12/1/2018 X Robinson Marcus PMD516345 12/1/2018 X Roman Michael PMD514240 12/1/2018 X Rouse Alex PMD528085 12/1/2018 X Ruff Cody EMT556742 12/1/2018 X Rule Michael PMD512463 12/1/2018 X Russell Derek PMD527431 12/1/2018 X Sansone Michael PMD513455 12/1/2018 X Santiago Joshua PMD529055 12/1/2018 X Santoro James 12/1/2018 X Satchell Brett PMD532837 12/1/2018 X Schauman Adam PMD516288 12/1/2018 X Schilling Thomas PMD516580 12/1/2018 X Schloesser Steven PMD516378 12/1/2018 X Schraw Steven EMT523879 12/1/2018 X Sheeley Johnathan PMD532072 12/1/2018 X Shields William PMD527666 12/1/2018 X Shults Derek PMD531062 12/1/2018 X Simons Brad PMD522498 12/1/2018 X 210 NAME First EMT PARA EXP. DATE YES NO DATE Sinagra Marc PMD529833 12/1/2018 X Sio David PMD524091 12/1/2018 X Smith Trent PMD528479 12/1/2018 X Smith Stephen PMD526197 12/1/2018 X Sommers Beau PMD521027 12/1/2018 X Sparkman Cody PMD532317 12/1/2018 X Springer Morris PMD500044 12/1/2018 X Steele Joshua PMD525760 12/1/2018 X Stenger Andrew PMD522961 12/1/2018 X Stephens Zacharia PMD530599 12/1/2018 X Strickland Richard PMD14343 12/1/2018 X Strote M PMD15190 12/1/2018 X Sturtevant Marc PMD529809 12/1/2018 X Tamayo Christian EMT555987 12/1/2018 X Thompson Russell PMD513493 12/1/2018 X Tobin Justin PMD514548 12/1/2018 X Travis Hunter PMD532715 12/1/2018 X Trent Christopher PMD513569 12/1/2018 X Trnka Kevin PMD532949 12/1/2018 X Troska Hunter PMD532322 12/1/2018 X Ursulean Florin PMD201278 12/1/2018 X Usher Adam PMD512544 12/1/2018 X Velie Anthony EMT65330 12/1/2018 X Wagner Brandon PMD529057 12/1/2018 X 211 NAME First EMT PARA EXP. DATE YES NO DATE Wallace Jeremy PMD526829 12/1/2018 X Walls Joseph PMD10480 12/1/2018 X Watson Thomas PMD532849 12/1/2018 X Weimann Bruce PMD11236 12/1/2018 X Wells Michael PMD530073 12/1/2018 X Welter Joshua PMD518182 12/1/2018 X Westerman James PMD514590 12/1/2018 X White Kevin PMD521006 12/1/2018 X Whitlock William PMD201413 12/1/2018 X Williams Corey EMT555567 12/1/2018 X Williams Eric EMT521118 12/1/2018 X Willmot William PMD507639 12/1/2018 X Wilsnack Alex PMD527366 12/1/2018 X Wilson Neil PMD522609 12/1/2018 X Wise Blaine PMD532249 12/1/2018 X Witt Jacob EMT552668 12/1/2018 X Young Robby EMT527368 12/1/2018 X Zedek Stacy PMD511758 12/1/2018 X Zelinka IMichael PMD522949 12/1/2018 X VOLUNTEERS TORRES BRIAN Forrestry X FLANARY JOHN Forrestry X WEATHERLY MICHAEL PMD 527397 12/1/2018 X FUTCH CHRISTIAN EMT551685 12/1/2018 X CRUZ ICHRISTOPHER EMT535588 1 12/1/2018 X HILL IJOE EMT3380112 12/1/2018 X NADOLNY IZACHARY EMT559332 1 1 12/1/2018 X 212 M N W F- 0 0 Z U) W x x x } W 00 00 00 coo (14 r4 r4 N N N Q. r -I ri r -I X W Q Q a Ln N O 1- M 00 Il n Ln O q:t 01 w Ln V) W w w w LU D 9' w >- z Z LU ++ C7 p Q Li p m N W p c � G Z w _ Q p Z V Z c>-0� ACRD ® �. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 200 S. Orange Avenue Orlando FL 32801 CONTACT NAME: Sand Andrade PHONE 407-563-3523 FAX No E-MADDIL AREss: Sandy_,4.ndrade@ajg.com INSURERS AFFORDING COVERAGE NAIC # 5/1/2018 INSURER A: Lloyd's S nd 2987 EACH OCCURRENCE $2,000,000 INSURED INDIRIV-04 Indian River County Board of County Commissioners Attention: Beth Martin INSURER B: Safety National Casualty Corporation .15105 INSURER C: Markel American Insurance Company 28932 INSURER D : 1800 27th St. Vero Beach FL 32960 INSURER E : INSURER F: AUTOMOBILE X COVERAGES CERTIFICATE NUMBER: 89572859 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FTI OCCUR OCCUR X SIR $200,000 PK1017418 - 5/1/2018 5/1/2019 EACH OCCURRENCE $2,000,000 DAMAGE RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: X JECT POLICY PRO LOC OTHER: GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X SIR $200,000 PK1017418 5/1/2018 5/1/2019 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB EXCESS LAB HCLAIMS-MADE OCCUR - EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) If as, describe under DESCRIPTION OF OPERATIONS below N/A SP4054789 - .5/1/2018 5/1/2019 X STATUTE EERH E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 C Auto Physical Damage MKLM31M0049722 5/1/2018 5/1/2019 Per Occurrence $17,704,258 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Workers Compensation & Employer's Liability Policy # SP4054789 SIR: $650,000 Evidence of insurance for certificate of public conveyance. :RIBED POLICIES BE CANCELLED BEFORE OF, NOTICE WILL BE DELIVERED IN ROVISIONS. CORPORATION. A$ fights reserved. 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 IRC -1123 43rd Avenue Sidewalk Improvements from Aviation Boulevard to Airport Drive West DATE: August 22, 2018 DESCRIPTION AND CONDITIONS On January 17, 2018, the Board of County Commissioners awarded Bid No. 2017013 to Timothy Rose Contracting, Inc. in the amount of $497,113.24 for the construction of an 8 -foot wide concrete sidewalk along the east side of 43rd Avenue from Aviation Boulevard to Airport Drive West. This project is funded by a Florida Department of Transportation (FDOT) Local Agency Program (LAP) grant which will provide up to $569,763.00 reimbursement of the eligible construction costs, which includes construction, engineering and inspection (CEI) services. The County will fund any ineligible construction costs. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $41,499.46 and make final contract time adjustments. Timothy Rose Contracting, Inc. has completed the project and has been paid $432,833.09 with $22,780.69 held in retainage. Timothy Rose Contracting, Inc. has submitted Application for Payment No. 4 for release of retainage in the amount of $22,780.69. FUNDING Funding is budgeted and available from Secondary Roads Retainage/43rd Avenue Sidewalk - Account No. 109-206000-15028 in the amount of $22,780.69. RECOMMENDATION Staff.recommends approval of Change Order No.1 and payment of Application for Payment No. 4 to Timothy Rose Contracting, Inc. in the amount of $22,780.69. ATTACHMENTS 1. Contractor's Application for Payment No. 4 2. Change Order No. 1 216 C:\Uscrs\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40D64D8\@BCL@D40D64D8.doe Page 2 Release of Retainage and Change Order No. 1 43rd Avenue Sidewalk Improvements (Aviation Blvd to Airport Drive West) For September 11, 2018 DISTRIBUTION 1 . William Scott, P.E., Road & Bridge Superintendent 2 . Timothy Rose Contracting, Inc. APPROVED AGENDA ITEM FOR SEPTEMBER 11, 2018 217 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyMF 8\@BCL@D40D64D8\@BCL@D4OD64D8.doc SECTION 00622 - Contractor's Application for Payment . 43rd AVE SIDEWALKS (26th TO AIRPORT DRIVE) Application for Payment No. 4 For Work Accomplished through the period of 07/12/17 through 09/30/17 To: Indian River County (OWNER) From: Timothy Rose Contracting, Inc (CONTRACTOR) Bid No.: 2017013 Project No.: 1123 FM No.: 431725-2-58-01 (1) Attach detailed schedule and copies of all paid invoices. 2 Net change by Change Orders and Written Amendments (+ or $0.00 3 Current Contract Price (1 plus 2): $497,113.24 4 Total completed and stored to date: $455,613.78 5 Retainage (per Agreement): $0.00 0% of completed Work: 0% of retainage $QM Total Retainage: $0.00 6 Total completed and stored to date less retainage (4 minus 5): $455,613.78 7 Less previous Application for Payments: $432,833.09 8 DUE THIS APPLICATION (6 MINUS 7): $22,780.69 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 l 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; 43rd Ave Sidewalks 00622-1 Cover Page - Pay App 4 218 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Westfield Insurance Company, Inc. ,a corporation, in accordance with Public Construction Bond Number 5227184 , 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: STATE OF FLORIDA COUNTY OF INDIAN RIVER Westfield Insurance Company Corporate Surety One Park Circle, P.O. Box 5001 Westfield Center, OH 44251-5001. Business Address BY: Print Name: Cabot W. t-ord. Title: Attorney -in -Fact (Affix Corporate SEAL) 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 31st day of July , 2017 1,0" Notary Public State of Florida James T Hill NotaryPublic, State of F4- 7, My Commission FF 171797 M Commission Expires: 11I-17 jM1 Expire. 11/21/2019 Y p ' [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev 00622-3 fdPublic WorksIENGINEERING DIVISION PROJECTS11123 43rd Ave Sidewalk Improvements 26th SL to Airport Or WesMdmim%bid docrunenlsWaster Contract DowmentslQ0�7�- contractor's Appllcalton for Payment - 03-10 rev.doc Rev. 05101 - L 1 i i It 2.Updated Construction Schedule per Specification Section 01310, and Dated: 5/18/2017, By: -�---� " CONTRACTOR - must be signed by an Officer of the Corporation 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 31st day of July, 2017 Timothy Rose is personally known to me or has produced . as identification. E:77 (SEAL)ST904578, 2019 i4i8f� Please remit payment to: Contractor's Name: Timothy Rose Contracting Address: 1360 SW Old. Dixie Hwy Suite 106 Vero Beach FL 32962 43rd Ave Sidewalks NOTARY PUBLIC: Printed name: DeboralkWest Commission No: FF904578 Commission Expiration: 10.03.19 [The remainder of this page was left blank intentionally] 00622-2 Cover.Page - Pay App 4 220 General POWER NO. 0990102 00 Power Westfield Insurance Co. of attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio 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 Attomey(s)-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 Insttuments or contracts of suretyship.......................... ...... • ... • . • • ... • ................ , LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, 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 duiy attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the Premises, Sa(d 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 If 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 Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorneyin-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, recognizances, 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 varid 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 . Corporate w • ,",p, .............. ".,,,,,,,,,, Seats ��svR (kc`` .�t°NA(" ., WESTFIELD INSURANCE COMPANY Affixed . v '' .os. °'� n :'p P' NS +�!e°°� WESTFIELD NATIONAL INSURANCE COMPANY !'� OHIO FARMERS INSURANCE COMPANY SEAL �3 t =�: :m_ tn 1848 Jl :? _Qj�?. ell By: 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 l Sealo"'4t1 1A lw'"+yc /A/ Affixed �P' ��llil S t // State of Ohio.w David A. Kotnik, Attorney at Law, Notary Public N o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.;k T�OF0 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 31 St day of July 6Q;, � 2017.............. (_I 10NA%S i LLjf EAL � eN• SEAL :m. r f�= ! /�""'vr � //A 1V .i�. _r` ' r Secretary �'r•• �`Mb r��:. 1848 a f • Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 221 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of TEN AND 001100 ($10.00), hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to: TIMOTHY ROSE CONTRACTING on the job of INDIAN RIVER COUNTY to the following described property: Description of Property: INDIAN RIVER143 AVE & AVIATION BLVD SIDEWALKS 43 AVE & AVIATION BLVD, VERO BEACH PORTION OF PUBLIC LAND IN INDIAN RIVER COUNTY FL BID# 2017013 Dated on July 26, 2017 Lienors Name STEWART MATERIALS LLC 2875 JUPITER PARK DR STE 1100 JUFITER FL 334 8 i By Printed Name k_I, I' Vj ryk The foregoing instrument was acknowledged before me this 26 day of July , 2017, by who is personally known fo'me or who has produced as identification and who -dii3Tae ffn`oath.' r TABATHA MURRAY Commission # GG 070767 0. Expires May 6, 2021 NOTARY PUBLIC, STATE OF+LORIDA OwndedTrruTrayF9inlnsurance8003857919 My commission Expires: Note. This is a statutog fi•in. prescribed 1?y section 713.20, Florida statutes (1996) Efec7ive October 1 1996, a pet -son inav not require a lienor to furnish a wcriver or release q/'lien that is dyfeivw i-om the statutorvform. re: 2248302 - 580405171 222 f 'SUPPLY WATERWORKS FINAL WAIVER AND RELEASE .OF LIEN 062=038&19 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 TIMOTHY ROSE CONTRACTING INC on the job of INDIAN RIVER COUNTY (owner), to the following described property: "43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST", BOND NUMBER 5227184, AND FURTHER DESCRIBED IN BOND RECORDED IN OR BOOK 2998 PAGE i 123 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on JULY 26, 2017 Swom to and subscribed before me this JULY 26, 2017 Zc ure of Notary Public Commissioned State of Florida Personally Known XX OR, Produced Identification Type of Identification Produced H D SUPPLY WATERWORKS LTD 1830 CRAIG PARK COURT SAINT LOUIS MO 63146 By. SHARNELL I MERKL G CREDIT MANAGER STACIE K. SANDERS MY COMMISSION #GG 111710 b' EXPIRES: October 4,2021 'w';p„„F-o � 8mded7bruNotaryPublicUndembrs Print, Type or Stamp Name of Notary Public NIA 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. 223 L 7/26/2017 WAIVER & RELEASE UPON FINAL PMT WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (Section 713.20(5) Florida Statutes) This instrument Prepared by: KENNETH WACHMAN MWI CORPORATION. ATTN: JOE HATHCOCK 7775 9TH ST SW (OSLO ROAD) VERO BEACH FL 32968 PO # 43RD AVE 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 to TIMOTHY ROSE CONTRACTING INC (customer) on the job of INDIAN RIVER COUNTY (owner), to the following described property: CORNER OF 43RD AVENUE AND 26TH STREET, VERO BEACH, FLORIDA. 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST, BOND NUMBER 5227184, AND FURTHER DESCRIBED IN BOND RECORDED IN OR BOOK 2998 PAGE 1123 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on JULY 26, 2017 MWI CORPORATION ATTN: JOE HATHCOCK 7775 9TH ST SW (OSLO ROAD) VERO BEACH FL 32968 -A442m�, By: 01 H WACHMAN GENERAL MANAGER Before me, personally appeared, KENNETH WACHMAN, the GENERAL MANAGER of MWI CORPORATION, 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 behalf of said entity, this 26 day of JULY, 2017 •,�;'% "'•• FRANCES FLORES-IANNUCCI 1 MY COMMISSION # GG 013250 EXPIRES: August 9, 2020 Notary Public; State of Florida enn�aThNNotuyPu*U n� My Commission Expires: p t9 �v Qono https://www.nacmtampa.com/webwiz/wwiz.asp 224 1/1 f WAIVER AND RELEASE OF LIEN FOR FINAL PAYMENT[' 189729 . The undersigned lienor, in consideration of the final payment in the amount of tMaq, the receipt of payment is acknowledged, hereby waives and releases its lion and right to claim a lien for labor, services or materials, furnished to TIMOTHY ROSE CONTRACTING #189729, located on the following described property: 43RD AVENUE SIDEWALKS, AVIATION AVENUE TO AIRPORT DRIVE WEST, VERO BEACH, FLORIDA, BOND # 5227184, INDIAN RIVER COUNTY, FLORIDA. Dated on JULY 26, 2017 Lienor's Name; TITAN FLORIDA LLC fka TARMAC AMERICA LLC 455 FAIRWAY DR SUITE 200 Deerfield B ch, FL 33441 By:U� Title: Regional Credit Manager Printed Name: Laura Marino STATE. OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this known to me or who produced N/A as identification. of �L', 201\7,. t yy aura Marino who is personally iry Public: Commission expires: 225 018 MEDINA t;• t*� MY COMMISSION 9 FF 134171 xThruN Bonded ab ryPublUndarwrgors urdia"s�Trn�"` +ntrsmzaaxmm of �L', 201\7,. t yy aura Marino who is personally iry Public: Commission expires: 225 N N 8 8 814 8 8 8 8 8 d' o S g 8 g 8 S $ m S S $ 8 8 $ S8 8$$ 8 8 8 8 8$$ S o 8 S 8 g g? d 8 8 8 8 80 a 8 8 S 8 8 S 8 8 9 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 I 8 8 8 8 8 8 8 8 8 e 8 8 8 8 s g 8 8 8 8 8 8 8 8 8 SIS 8 8 8 8 e m I s mI e$ I 8 1 8 8 8S 8 S S g 8 8 $ N 8 8 8 S � '�o o o' � dlo 8 i 8 $ I o 8 ho 6 I s I �I 5 8 8 8 8 S 8S 8 8 8 8 8 8 5 8 8 S S s i i I I � I g g I h W a I < s IN 9 E V F a � F � f _ a ,� rI o '� � o � c _ _ 3l g 0 I p � � � _ � o � i W � � � � � k,I � 3 c a � of o z d z i z 0 3 d c p 2 F N - u u u o w p¢ i N i a c rc Pi 3� S p x s x 3 € €I! N N Pay Applleatlon IeF 19ttl Pve 6ldexnik (20th to AI, Wtt Drive) INC PROJECT NO. 1123 1 630-2-14 CONCUR ABOVE GROUND LF 46 25,00 1,150.00 46.00 1,150.00 100.00% 0.00 0.00 632.7-2 SIGNAL CABLE (PEDESTRIAN CABLE ADD MON) LF 668 8.00 5,344.00 668.00 5,344.00 0.00 000 D.GD% 635.211 PULl60% EA 4 750.00 3,000.00 0.00 0.00 2.00 0.00 0.00 646-1-11 ALUMINUM PEDESTAL EA 4 1,464.00 5,856.00 0.D0 0.00 000% 0.00 2.00 GM6-1-60 ALUMINUM PEDESTAL REMOVAL EA 2 300.00 600.00 0.00 0.00 0.00 0.00 0.W. 653-1-11 PEDESTAL SIGNAL S WAY AS 2 630.00 1,260.00 0.00 0.D0 0.00 0.00 TOTAL $9,799.00 TOTAL $0.00 TOTAL $14,409.00 6534-12 PEDESTAL 5IGNAL 2_ WAY AS 2 1,381.00 2,762AD 0.00 0.00 0.00 653-1-60 PEDESTAL SIGNAL REMOVAL AS 2 38.00 7600 0.00 0.00 0.00 �)665-1-11 EA 6 150.00 900.00 0.00 0.00 U,DO PEDESTRIAN DETECTOR -- DUCT SPUTDUCTAND REMOVE FIBER PULL BOX PI 1 2,450.00 2,450.00 1.00 2,450.00 0.DO SUBTOTAL TRAFFIC IMPROVEMENTS TOTAL $24,208.00 TOTAL $9,799.00 TOTAL $O.OD .J Pay App 4 46.00 1,150.00 100.00% 0.00 1 0.00 0.00 668.00 5,344.00 100.00% 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 4.DO 3,000.00 0.00 0.00 D.GD% 0.00 4.00 5,856.00 0.00 0.00 0.00% 0.00 2.00 600.00 0.00 0.00 0.OD% 0.00 2.00 1,260.00 0.00 0.00 000% 0.00 2.00 2,762.00 0.00 0.00 0.00°6 0.00 2.00 76.00 0.00 0.00 0.W. 0.OD 6.00 900.00 1.00 2,450.00 100.00% 0.00 0.00 0.00 TOTAL $9,799.00 TOTAL $0.00 TOTAL $14,409.00 FORCE ACCOUNT 40ODD.W 17,315.73 0.00 17,315.73 22,684.27 WW1-CaK7tte Fnasement EYiSIhK Gtavlty9ewet IS 1 77x9.00 ],718.00 7)48,W 7.7x8.0 100 7,719.00 100 O.w om i_ -D2. Rn de/AdI vm A/(Cans@St,tIoe13,W LT 1 97].00 971.0 97]00 0)).00 LIXI 97]00 LW 0.00 200 0.00 WW3-Mphxll-0 FIm9UGen 9652Yds _.IS t 2210_00_ WCD4-Guattlrali LF 57 110.99 2i2]O.M _ 1.QY 1,2]0.011 6,l30.Y! - $7.00 _ _ 1.00 ___ 1)70.00 1.OD 97.00 6,930.]3 ( L00 0.00 O.OD 000 0.00 200 0.00 43rd Pve Adewalk(26th-Alrpm Dr) TOTAL 497,113.24 TOTAL 455,613.78 TOTAL 0.00 TOTAL 455,613.78 TOTAL 0.00 TOTAL 41,499.47 - AMOUNT COMPLETED TO DATE $455,613.78 MATERIALS STORED TO DATE $0.00 SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE $05,613.78 RETAINAGE OF WORK COMPLETED AT 5% 50.00 TOTAL COMPLETED AND STORED LESS RETAINAGE $455,613.78 LESS PREVIOUS PAYMENT $432,833.08 AMOUNT DUE CONTRACTOR _ $22,786.70 227 El SECTION 00942 - Change Order Form DATE OF ISSUANCE: 09/11/2018 No. 1 EFFECTIVE DATE: 09/11/2018 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting Inc, Project: 43RD AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULEVARD TO AIRPORT DRIVE WEST OWNER's Project No. 1123 OWNER'S Bid No. 2017013 FM No.: 431725-2-58-01 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 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $497.113.24 Net decrease of this Change Order: $(41.499.46) Contract Price with all approved Change Orders: $455.613.78 ACC (Signature) Date: g U3, t g CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days/dates) Substantial Completion: 120 (6/28/20171 Final Completion: 150 7/28/2017 Net increase this Change Order: (days/dates) Substantial Completion: 32 Final Completion: 32 Contract Time with all approved Change Orders: (days or dates) Substantial. Completion: 152 (7/30/2017) Final Completion: 182 8/29/2017 RECOMMEND: 2 c�pr-t S ENGINEER (Signature) Date: 611-71 Z61 g APPROVED: to (Signature) 00942 - Change Order Form REV 04-07 00942 =1 FVublic WorkslENGINEERING DIVISION PROJECTS11123 43rd Avenue Sidewalk Improvements from Aviation Blvd to Airport Drive Wesl\1-Adminlogenda itemslFINAL 220 CHANGE ORDER100942 - Change Order Form REV 04-07.doc Rev. 05101 OVERRUN/UNDERRUN 43rd AVENUE SIDEWALK IMPROVEMENTS FROM AVIATION BOULVARD TO AIRPORT DRIVE WEST FM NO 431725-2-58-01 I.R.C. PROJECT N0. 1123 BID NO.2017013 229 001147 r:A�WrtwNs•EI.TdlYEAplG avismn AAefECT51tf7J i4d AtrrtMSf:rxaR 1.y:C.trzrAYtonRYata�lC+Ebrtfd101+i Y:rsALAGK�ObA1. "�.e¢aKINAI CNN:GE ORRFR� ai CA»pe OM:t Unit iGtuantil UnIGPii'` 'Pdce l.cioHas Pdco'Docrouse` 120.0 Embankment coni acted in -place) CY 57 2200- 1254.00 430-174-11G Pipe Culvert, Round15°SD ACNIP LF 59.64 29.95 178(3.22 570.1-2 Preformance 1-urt Sod match Existing) SY 4 027.86 2.95 11 88219 711-11-123 ThermopfaslIs. Standard, White, Solid, 12",for Crossvallgs and roundabouts LF 43000 _ 1.60 774.00 711-16-101 Thermopiasllb-Standard While Solid 6" LF 21 1.00 21.00 -630-2-11 Conduit Open Trench LF- 5 9.OD 45.00 286-2 Turnout Construction (Asphalt) SY 50.00 1 26.40 1.320.00 430-94.3 Desillirt Pipe 37"-46" LF -282 1250 3625.00 430-174-148 Pipe CulveRound 4,, 6 ."SD ACMP) LF 20 155.00 3120.00 515-2311 Pedestrian/Bicycle Ralring, Aluminum Ont 42" Type 1 LF 74 86.00 6,364.00 522-2 Concrete for Sidewalk, 6" thick SY 26 40.42 1,050.92 527-2 Delectable Warnings SF 120 38.00 4,560.00 7063 Retro•Refoloctfve Pavement Markers(Amber/Amber) FA 2 1 ' 5.00 10.00 711-11-125 Thermoplastic, Standard, White, Solid, 24",for Crosswalks and Roundabouls LF 29 3.92 113.68 711- G-201 Thermoplastic Standard Yellow Solid 6" LF 1 60.00 60,00 635-2-11 Pullbox EA 4 750.00 .3 000.00 646-.-11 Aluminum Pedestal FA 4 1464.00 1 585600 646-1.60 Ahnninum Pedestal Removal FA 1 2 300.00 600.00 653-1-11 PedoslafSfanal1Way AS 2 63000 1260.00 653-1-12 Pedestal Si nal 2 Way AS 2 1381.00 2 762.00 653-1.60 1 Pedestal Si net Removal AS 2 1 38.00 76.00 665-1-11 Pedestrian Detector EA 6 150.00- 900.00 Rounding 0.01 WCD1 i Concrete Encasement Existinp Gravity Sewer LS 1 7748.00 -7.748.00 WCO2 R rnderAdiusiment of Forms Station 13460 LS 1 977.00 977.00 . WC03 Asphalt Work Fire Station 86 Sq Yds LS 4 2,270.00 2,270.00 WCD4 Guardrail LF 57 110.69 6320.73 FA Force Account EA 1 40 ODD.00 40 000.00 SUBTOTALS I r 1 33,078.15 1 74,577.60 PROJECT NAME TOTAL 41,499.46 229 001147 r:A�WrtwNs•EI.TdlYEAplG avismn AAefECT51tf7J i4d AtrrtMSf:rxaR 1.y:C.trzrAYtonRYata�lC+Ebrtfd101+i Y:rsALAGK�ObA1. "�.e¢aKINAI CNN:GE ORRFR� ai CA»pe OM:t NO, INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 27, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2018073 — Demolition of 5816 26th Street BACKGROUND: On April 3, 2018, the Board approved the purchase of 5816 26th Street as advance acquisition right-of-way in the widening of 26th Street to four lanes between 58th and 66th Avenues, which is included in the five-year Capital Improvement Element. The property was purchased for $200,000.00 included a single-family home built in 1955, which has apparently been vacant for a few years. In addition to the needed right-of-way, the remainder of the parcel will be used for stormwater treatment of the intersection and the roadway sections (both east and west), as needed. Due to the condition of the structures and their location in relation to the right-of-way needed for the widening project, staff determined demolition to be the appropriate course of action. The scope of work will also include the removal and stump grinding of 23 trees. BID RESULTS: Advertising Date: July 21, 2018 Bid Opening Date: August 10, 2018 DemandStar Broadcast to: 537 Subscribers Bid Documents Requested by: 9 Firms Replies: 1 Firm Bidder _ Location Total Bid Summit Construction of Vero Beach, LLC Vero Beach $33,400.00 ANALYSIS: Summit Construction has successfully completed demolition of structures for the County, and is considered the lowest responsive and responsible bidder. 230 FUNDING: Funding for demolition of the structure is available in the Road and Bridge Construction Program, 26th Street 58th Avenue to 66th Avenue fund (31521441-066510-16006) from Optional Sales Tax. RECOMMENDATION: Staff recommends the Board award bid 2018073 to Summit Construction of Vero Beach, LLC and authorize the Purchasing Division to issue a Purchase Order for the work. Approved for September 11, 2018 231 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William. Johnson, P.E., Roadway Production Engineer SUBJECT: Work Order No. 3, Andersen Andre Consulting Engineers, Inc. CR 512 Resurfacing & Shoulder Widening from Myrtle Street to 125th Avenue Project, IRC -1305, FDOT FM 433068-1 DATE: August 24, 2018 DESCRIPTION AND CONDITIONS On April 19th 2016, the Board of County Commissioners approved consultant Atkins North America, Inc. to perform professional services through Work Order Number 3 to prepare construction documentsfor CR 512 in Fellsmere. The project consists of adding 5 -ft. paved shoulders to accommodate bicycle lanes, milling and resurfacing the roadway, providing crosswalks, upgrades to existing traffic signal equipment, installation of a mast arm signal at Willow Street & CR 512, replacing school zone flasher, upgrading and replacing signs as well as striping. On September 20, 2016, the Board of County Commissioners approved the renewal of the Annual Agreementfor Professional Geotechnical Services with Andersen Andre Consulting Engineers, Inc. Work Order No. 3 is to provide construction material testing services in a not -to -exceed amount of $23,245.00 for support of the design as shown in Andersen Andre Consulting Engineers, Inc. Proposal No. P18-1117 (Exhibit A). FUNDING Funding is budgeted and available from Secondary Roads — Road Resurfacing - Account No. 10921441- 053360-16020/Secondary Roads/CR 512 Resurface (Myrtle to 125th) for a not -to -exceed amount of $23,245.00. RECOMMENDATION Staff recommends approval of Work Order No. 3 to Andersen Andre Consulting Engineers, Inc. authorizing the professional services as outlined in Exhibit A and requests the Board to authorize the Chairman.to execute Work Order No. 3 on their behalf for a not -to -exceed amount of $23,245.00. 232 Work Order No. 3, Andersen Andre Consulting Engineers, Inc. CR 512 Resurfacing (Myrtle Street to 125th Street) Project IRC -1305 For September 11, 2018 BCC Meeting ATTACHMENTS 1. Work Order No. 1 2. Exhibit A DISTRIBUTION Andersen Andre Consulting Engineers, Inc. AGENDA ITEM FOR September 11, 2018 233 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCOD0291\en BCL@FCOD0291.doc WORK ORDER NUMBER 3 IRC -1305 CR512 RESURFACING & SHOULDER WIDENING FROM MYRTLE STREET TO 125TH AVENUE This Work Order Number 3 is entered into as of this . day of . 201_, pursuant to that. certain_ Annual Professional Geotechnical Engineering Services Agreement, dated September 23, 2014, and that certain Renewal and Amendment of Annual Professional Geotechnical Engineering Services Agreement entered into on the 20th day of September, 2016 collectively referred to as the "Agreement", by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Andersen Andre Consulting Engineers, Inc. ("Geotechnical Professional"). The .COUNTY has selected the Geotechnical Professionaf to perform the professional services set forth on Exhibit A (Scope of Services), attached to this Work Order No. 3 and made part hereof by this reference. The professional services will be performed by the Consultant for. the fee schedule set forth in Exhibit. A (AACE Proposal P18-1117), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframes more particularly set forth in Exhibit A, 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. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS. WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Andersen Andre Consulting OF INDIAN RIVER COUNTY Engineers, Inc. BY: By: David P. Andre, P.E. Peter D. O'Bryan , Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved.: Jason E. Brown, County Administrator Approved as to form and legal Sufficiency:.° William K. DeBraal, Deputy County Attorney 234 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County Engineering Department 1801 27'b Street, Building `A' Vero Beach, Florida 32960 Attention: Mr. William Johnson, P.E. Roadway Production Engineer Subject: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING CR 512 RESURFACING AND SHOULDER WIDENING FROM MYRTLE STREET To 125"' AVENUE IRC PRoJEcT No. 1305 FELLSMERE, INDIAN RIVER COUNTY, FLORIDA Dear Mr. Johnson: AACE Proposal No. P18-1117 August 21, 2018 Revised August 23, 2018 Andersen Andre Consulting Engineers, Inc. (RACE) is pleased to present this proposal for construction materials testing services during the resurfacing of portions of CR512, as indicated above. The purpose of our services, as discussed further herein, will be to provide materials testing in general accordance with the project plans and technical specifications. BACKGROUND INFORMATION Based:on our cursory review of the Contract Plans prepared for the project by Atkins North America, Inc. dated November 2017, we understand that the proposed improvements to CR512 consist of milling and resurfacing both east and west lanes of CR 5121.from Myrtle Street to 125dAvenue. Additionally, a 8 -foot wide stabilized shoulder will be constructed between STA 1159 and STA 1176, after which 8 -foot wide shoulders will be constructed outside of both travel lanes to the project terminus at STA 1245+20. Intersections at Cypress Street and Broadway Street will be signalized, each with two (2) strain poles and span wires, and four (4) mast -arm signals will be constructed at Willow Street. Approximately 16 side streets.that intersect CR 512 will result in turnout construction and extending the paved sections. Incidental drainage, sidewalk and curb -and -gutter construction is also depicted in the plans. A project duration of 180 days has been established by Indian River County (150 days to substantial completion). -Balance of page intenfionalyleft blank - 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fxt 772-807-9192 www.aaceinc.com 235 CR 512 RESURFACING - FROM MYRTLE ST. To 1251*" AVE. Page -2 IRC PRoJECT No. 1305 AACE Proposal No. P18-1117 SCOPE OF SERVICES Unless otherwise communicated to us, we anticipate that our role for the project will include the following testing elements: 1. Performing density testing for embankment, stabilized subgrade (shoulders) storm drain piping backfill, roadway turnouts and driveways, and for sidewalk and curb subgradq 2. Performing laboratory testing of soils and base rock (e.g., Proctor and LBR sampling); 3. Performing compressive strength testing of concrete used in sidewalk, poured curb_, and mast arm foundations; 4. Obtaining bulk samples of asphalt for extraction/gradation and asphalt -content testing; 5. Performing roadway coring for laboratory specific gravity testing; 6. Performing drilled shaft and anchor bolt inspections for four (4) drilled shaft foundations for mast - arm signalization; Based upon our understanding of the project plans and our prior experience with projects similar to this one, we estimate the cost of the services will be approximately23$ ,245.00. The actual cost of AACE's testing services will be a function of work actually performed in accordance with the attached unit fee schedule (in accordance with the continuing service contract between Indian River County and RACE, Contract #2014007). Contractor efficiency; methodology and changes in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be exceeded. To authorize us to proceed with this project, please execute and return to us a copy of the attached Project Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. David P. Andre, P.E. Principal Engineer Peter G. Andersen, P.E. Principal Engineer ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM 236 CR 512 RESURFACING - FROM MYRTLE ST. TO 125"' AvE. Page -3- IRC PRoJECT No. 1305 AACE Proposal No. P18-1117 Proposed Testing FreguencX The following in-place density testing frequencies are typically employed by AACE for similar roadway projects: Roadways and Turnouts: Natural Ground - 1 test performed 1 foot into natural ground per 100 lineal feet, per travel direction Embankment - 1 test per 100 lineal feet, per travel direction, per 12 -inch lift Stabilized Subgrade -1 test per 200 lineal feet, per travel direction, per 12 -inch lift Base Course - 1 test per 100 lineal feet, per travel direction, per 6 -inch lift Sidewalks -1 test per 100 lineal feet, per 12 -inch lift of embankment or 1 foot into natural ground Curb Pad Subgrade - 1 test per 100 lineal feet Drainage: Structures -1 test per 12 -inch lift of backfill, from bottom of structure to top of structure. (Fill placed on all sides of structure is probed with a manual probe rod to confirm uniform compactive effort). Piping - 1 test per 200 lineal feet (or per backfill/open cut operation) per 12 -inch lift along both sides of pipe to top -of -pipe, then every 1 foot of fill atop pipe thereafter. Concrete Testing_ A minimum of one set of four (4) cylinders will be made for every pour, and for each 50 cubic yards for larger pours. One slump test will be performed for every pour, and for each 50 cubic yards for larger pours. Proposed Scope and Budget Man -Hour Estimates: Construction will have an approximate duration of approximately 5 months, working 5 days/week. While our field technician will not be needed on-site on a full-time basis for this duration, we have included limited technician man-hours to allow for periods of "standing by" during compaction, travel portal-to-portal, soil and concrete sample pick-up, etc. ► Senior Field Technician; 75 hours @ $55.00/hr........................................... $4,125.00 Density Testing ► Stabilized Shoulders - 90 tests @ $23.00/test............................................ $2,070.00 ► Turnout and Driveway - 60 tests @ $23.00/ test .......................................... $1,380.00 ► Drainage/Sidewalks/Curbs - 40 tests @ $23.00/test....................................... $920.00 Soil Laboratory Testing: ► LBR (stabilized shoulders and mist. base rock); 8 tests @ $295.00/test....................... $2,360.00 ► 5 Proctor (Moisture/Density Relationship) Tests @ $85.00/test ............................. $425.00 Concrete Compressive Strength Testing: ► Sidewalks, Curbing and Driveway Reconstruction: 12 sets of concrete specimens @ $85.00/set......................................... $1,020.00 Roadway Coring and Asphalt Testing: ► Three (3) coring mobilizations @ $100.00/day ........................................... $300.00 .............. ► Core machine rental; 3 days @ $150.00/day.............................................. $450.00 ► Generator rental; 3 days @ $50.00/day.................................................. $150.00 ► Senior Field Technician (for Roadway Coring - 2 techs required for all coring); - 3 events x 6 hours/event @ $55.00/hour............................................... $990.00 ► Extraction/Gradation/Asphalt Content testing of bulk samples; 3 tests @ $190.00/sample ....... $570.00 ► Specific Gravity of Asphalt Cores; 9 cores (3 samples obtained for each event) @ $35.00/core .... $315.00 237 CR 512 RESURFACING - FROM MYRTLE ST. To 125"' AvE. Page -4- IRC PROJECT No. 1305 AACE Proposal No. P18-1117 Drilled Shaft and Anchor Bolt Inspections and Testing: ► Senior Field Technician (Structural Steel Unit Rate) - Pre -Drilled Shaft Construction Meeting. 4 hours @ $65.00/hour ........................... $260.00 - Drilled Shaft Inspections: 4 Shafts @ 10 hours/shaft @ $65.00/hour....................... $2,600.00 - Bolted Connections: 4 visits x 6 hours/visit @ $65.00/hour .............................. $1,560.00 (NOTE: Since the contractor's proposed assembly methodology is currently unknown, we have assumed that separate technician -visits will be required for each of the four. (4) anchor assemblies, and also for each of the four (4) mast -atm connections (for a total of 8 technician -visits). Further, we have assumed that a bucket truck will be available for our use. Finally, we have budgeted limited standby time during this effort in the event that MOT requires adjusting, the bucket truck is delayed, etc. However, we have assumed that all inspections will occur during normal working hours/days (M -F, 7am-5pm). Professional/Administrative Man-hours (Eneineerin¢ Consultations, Limited Progress Meetings, Reporting, etc.): ► Senior Project Engineer (kick-off, pre -con, pre -drilled shaft mtgs., etc.); 30 hours @ $110.00/hr.. $3,300.00 ► Technical Secretary; 10 hours @ $45.00/hr............................................... $450.00 Anticipated Not -to -Exceed Budget . $23,245.00 -Balance of jiage intenfionalyleft blank - 238 CR 512 RESURFACING - FROM MYRTLE ST. To 125TH AVE. Page -5- IRC PRoJEcr No. 1305 RACE Proposal No. P18-1117 TERMS AND CONDITIONS (1) For non-full time or hourly projects, a minimum of 4 density tests will need to be performed per hour, per visit to the site. (2) Stand-by time will be charged at $55.00/hour per technician ($82.50/hour for after-hours, holidays and/or weekend testing services). (3) We note that density testing frequencies are based on our experience with similar projects and anticipated contractor methodologies. Allowances for re-tests (from failing density tests) are not included herein. (4) The contractor should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a minimum of 24 hours prior to any testing and 48 hours prior to weekend and evening work. (5) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates will be increased by 50% for weekend, holiday or after-hours services. (6) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can be used without prior authorization from the client as long as our total cost estimate is not exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (7) Soil sample and concrete cylinder pickup for laboratory testing (e.g., Proctor, LBR testing, compressive strength, etc.) will be billed at $55.00/hour if not scheduled with other work. (8) AACE's budget is based upon the construction schedule stated herein. If this schedule changes (i.e., weekend work, evening work, or if the project takes longer than the anticipated duration), this proposal will likely require modification to include additional man -hours to accommodate such changes. (9) AACE's field technicians and engineers do not direct or witness the performance of any work. Neither the presence of an AACE representative on-site nor the observation and testing performed by our firm implies AACE's responsibility for defects discovered in the construction work. (10) AACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of the contractor. Further, our services do not include reviewing, monitoring or reporting any aspect of the required Maintenance of Traffic (M.O.T.) that may be required for this project. (11) Demolition of existing strain pole foundations will be observed by others. If it is desired to have AACE confirm this scope item, we would be pleased to revise this proposal. (12) AACE will not have stop-work authority. Should our representatives encounter materials or workmanship that, either based on direct testing or on our experience with similar projects, does not appear to meet the en ineering plans and specifications, we will notify Indian River County immediately. Results will not be relayed to the Contractor without prior consent of the County. (13) No FDOT density (earthwork) log book is required for this project, nor are testing results required to be entered into the FDOT's M.A.C. database. 239 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT AACE Proposal No: P18-1117 Project Name: CR 512 Resurfacing and Shoulder Widening, From Myrtle Street to 125th Avenue IRC Project No. 1305 Client: Indian River County Address: 1801 27th Street, Building `A' Attention: Mr. William Johnson, P.E. Vero Beach, Florida 32960 Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following services: Provide construction materials testing services during the CR512 Resurfacing Project, as described herein. Estimated Budget: $23,245.00 Payment Terms: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, l'/z% per month following the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: Name: Title: Date: Billing Address: Accepted for AACE: By: f Name: David P. Andre, P.E. Title: Principal Engineer Date: August 23, 2018 Phone No. 240 GENERAL CONDITIONS 1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter referred to as "AACE") shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work. "Work" means the specific geotechnical, analytical, testing, environmental or other service to be performed by AACE as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein by this reference, and these General Conditions. "Client" refers to the person or business entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work. Further, Client shall disclose any such agency relationship to AACE in writing before the commencement of AACE's Work hereunder. Client agrees that AACE's professional duties are specifically limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any part of AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall AACE have any duty or obligation to any third patty. The ordering of Work from AACE shall constitute acceptance of the terms of AACE's proposal and these General Conditions. 2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if, upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the progress of work as a result of changes in the scope of work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client. 3 - Responsibility: AACE's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences or procedures of construction. AACE shall not be responsible for, evaluating, reporting or affecting job conditions concerning health, safety or welfare. AACE's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the rate of 18°/" per annum (or the highest rate allowable by law) from 30 days after date of invoice to date payment is received will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection ofpast due invoices will be paid by Client. 5 - Right -of -Entry: Unless otherwise agreed, Client will famish right -of -entry on the property for AACE to make the planned borings, surveys, and/or explorations. AACE will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the property to its former condition, AACE will accomplish this and add the cost to its fee. 6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, AACE will give special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to AACE in writing, whether such claims or damages are caused in whole or in part by AACE, and agree to reimburse AACE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a professionalmanner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and AACE is promptly notified in writing prior to one year after completion of such portion of the services, AACE will re -perform such portion of the services, or if re -performance is impracticable, AACE will refund the amount of compensation paid to AACE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by famishing an oral response of the findings made or by any representations made regarding the services included in this agreement In no event shall AACE be liable for any special, indirect, incidental, or consequential loss or delay or time -related damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to pay AACE an additional sum as agreed in writing prior to the commencement of AACE's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless AACE and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by RACE, or claims against AACE arising from the work of others. This indemnification provision extends to claims against AACE which arise out of, are related to, or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches arc based on specific information famished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. 9 - Sample Handling and Retention: Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and RACE, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of AACE's report to Client free of storage charges. After the initial 30 days and upon written request, AACE will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after completion of testing and at Client's expense: (1) return such samples to Client; (n) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that AACE is acting as a bailee and at no time does AACE assume title of said waste. 10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present AACE and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. AACE and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for AACE to take immediate measures to protect health and safety. RACE agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages AACE to take any and all measures that, in AACE's professional opinion, are justified to preserve and protect the health and safety of AACE's personnel and the public. Client agrees to compensate AACE for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against RACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from AACE's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 11- Joint and Several Liability: The concept of joint and several liability is basically this: When two or more parties are considered responsible for causing injury or damage, any one of the parties may be made to provide compensation for as much as 100% of the damages assessed. When applied to hazardous materials projects, itis possible that the concept of joint and several liability could be construed to make AACE partly or wholly responsible for damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for AACE to be exposed to such an action, because AACE had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives any claim against AACE, and agrees to defend, indemnify and save RACE harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would, in any manner, hold or seek to hold AACE responsible for creating a hazardous condition or permitting one to exist. Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 - Legal jurisdiction: The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in St Lucie County, Florida. All causes of action arising out of AACE's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts or failures to act occurring after substantial completion of the Work. 13 - Force Majeure: AACE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government require EL,icivil or military authority, acts of God, act or omission of subcontractors, carriers, 'ent or other similar causes beyond its control. CONSENT BCC Meeting 1•-2018 INDIAN RIVER COUNTY, FLORIDA YS AGENDA ITEM Assistant County Administrator / Department of General Services Date: August 22, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Leigh Ann Uribe, Human Services Director Subject: Renewal of Florida Power & Light (FP&L) Care to Share Agreement DESCRIPTION AND CONDITIONS: Attached, is a copy of a proposed renewal agreement to be entered into between Florida Power and Light (FP&L) and Indian River County. The "Care To Share" program is established by FP&L via contributions from the electrical utility's customers to provide emergency energy assistance to low- income residents in Indian River County, who are in special need of emergency funding to pay a delinquent power bill from FP&L. Pursuant to this renewal agreement, FP&L's Assistance and Referral Representatives (ASSIST Reps) will serve as the utility's primary liaison on a day-to-day basis with the County's Human Services Department. FP&L has found the "Care To Share" Program to be a great match for other Health and Human Services type departments. The program tends to align well with the missions of these departments to assist residents in need and to help foster self-sufficiency. The FP&L program is intended to be a funding option of last resortafter all Federal and State resources have been used. Staff has found this program to be relatively easy to administer and does not cause any significant burden on existing staff. The program will continue providing a source of non-governmental funds that can be used to help citizens in an energy crisis situation, and will continue to supplement public funding that is provided through the Human Services operation of Indian River County. Contribution from FP&L received during FY 2015-16 totaled $37,417. The following year, FY 2016-17, was $30,349. Thus far, this FY 2017-18, the total funds received to -date is $47,272. FUNDING: No County funding is required for this task. RECOMMENDATION: Staff respectfully recommends the Board approve the renewal of the Care to Share agreement with Florida Power & Light and authorize the Chairman to sign the Agreement. ATTACHMENT: FP&L Care to Share® Program Agreement APPROVED AGENDA ITEM FOR SEPTEMBER 11, 2018 242 C:\TJsers\legistar\AppData\Local\Temp\BCL Technolo 1es\eas PDF 8\ BCL740EDA8A\ BCL 740EDA8A.doc Florida Power & Light Company FPL CARE TO SHARE® PROGRAM AGREEMENT FPL East Service Area 5 -Year Agreement from January 1, 2019 to December 31, 2023 THIS AGREEMENT is entered into between FLORIDA POWER & LIGHT COMPANY, hereinafter referred to as "FPL" and INDIAN RIVER COUNTY, hereinafter referred to as the "Agency." The Agency should provide each of its intake offices involved in the program with a copy of the executed agreement. FPL's facilitation of this program agreement is delegated to FPL's Area Special Consumer Services Manager, hereinafter referred to as the "FPL Area Manager." Agency staff/volunteers handling intake for the program will hereinafter be referred to as "Caseworkers." To assist the emergency needs of people in times of hardship, FPL shareholders, employees and customers are providing a contribution fund known as the "FPL Care To Share ' emergency energy assistance fund for electric utility payment, also referred to as "C2S." As part of its obligations under this agreement, the Agency will administer the FPL Care To Share funds to provide emergency energy assistance (payment of FPL bills) to eligible residents in Indian River County, Florida. The Agency will serve as the administrator and lead service provider for the program and may be asked to coordinate with other FPL Care To Share service provider(s) in the county, as designated by FPL. The Agency will register in the FPL ASSIST Program. The FPL ASSIST Program provides a standardized process for the Agency to access/verify customer account information, provide information to FPL for program qualification purposes and notify FPL of pending agency payments. The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The Agency will work with the appropriate social service providers in their area by sharing FPL Care To Share program information and promoting broad access to these community resources through the formal FPL Care To Share structure. As a condition to this Agreement becoming effective, the Agency will furnish to FPL a copy of its letter of determination of tax exempt status (not applicable for agreements with county/municipal entities). The Agency will determine the eligibility of energy assistance recipients, subject to the FPL Care To Share program criteria. FPL will play no part in determining the eligibility of the applicant for assistance, or the amount of funding an approved applicant might receive. Before proceeding with eligibility assessment, the Agency must secure from the Account Holder (or Applicant) a signed "Authorization for Release of General and/or Confidential FPL Care To Share Program Agreement (rev 7-9-2018) 243 Information" form, in order to have access to FPL billing information. FPL reserves the right to request the Agency to provide copies of the forms as part of the program audit requirements. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the applicant's verbal approval was obtained. The Agency shall ensure that no person shall be subjected to discrimination in connection with the FPL Care To Share program on the basis of age, gender, disability, race, color, creed, national origin, religion or ancestry contrary to applicable law. FPL customers who are potential recipients of FPL Care To Share funds shall have equal opportunity for assistance, and assistance remains available twelve months per year, as funding and resources permit. The eligibility criteria cannot be added to or deviated from without the prior consent of the FPL Area Manager. The Agency signing this Agreement does hereby bind itself to the following terms and conditions: I. Eligibility Criteria Potential recipients must contact the administering Agency and follow the agency's intake process, which could include receiving preliminary screening and making an appointment with the Agency representative when appropriate. An eligible applicant is one who meets all the following criteria: 1. Must physically reside in FPL's service area at the address for which assistance is sought. 2. Must have an account with FPL or reside at the service location. Should an Agency employee seek to apply for FPL Care To Share assistance through the Agency, an Agency supervisor — such as the Primary or Alternate contact listed on FPL ASSIST Program record - must contact the FPL Area Manager in advance for approval and commitment placement. 3. Must have identification that reflects the applicant name and the same address as the FPL account. Some examples of acceptable identification include a driver's license, a rent receipt, a water or phone bill, a tax bill or a mortgage statement 4. Must have a delinquent or Past Due FPL bill, final notice, or disconnect notice for the FPL account. Current bill is also eligible, if Agency caseworker reasonably deems it appropriate. 5. Must NOT have received a benefit under the FPL Care To Share Program within the last twelve months -at the current service address. The initial commitment set- up date is used to determine the 12 -month time period. 21 FPL Care To Share Program Agreement (rev 7-9-2018) 244 6. Must show proof of a family or personal crisis. The Agency is responsible. for . reasonably determining what constitutes a family or personal crisis. 7. Must consider all other available government -funded sources for electric service payment assistance first, unless the applicant is in imminent danger of losing electricity (service disconnect), and time does not allow the client to apply for government funds. In addition, FPL recognizes that government funds may not be available at the time due to limited resources. If that's the case, the caseworker should record the circumstances in the applicant's file. But if time does permit and government funds are available, then FPL Care To Share should be considered only after the government funds for which the applicant qualifies have been applied for or committed. 8. Must have a plan in place to maintain additional/future household expenses, if FPL Care To Share assistance is provided. 9. Must have a household income level that falls at or below 150% of the Federal Poverty Level (as revised annually by U.S. Health and Human Services). The incomes of all persons residing at the service address are to be included in determining household income eligibility. The Agency may exercise flexibility in expanding income limits based on special recipient situations and needs. 10. Must NOT have a history of fraud or service tampering. This may include, but is not limited to, using a minor or fictitious name, unauthorized connection, re- connection or by-passing of the electric meter, current diversion, or tampering with the FPL service in any way. FPL views fraud and service tampering very seriously. If an applicant with a history of fraud or service tampering is permitted to receive an FPL Care To Share Program commitment, FPL reserves the right to pursue return of payment from the customer for any charges related to the fraud or service tampering activity. None of those charges can be paid for by FPL Care To Share Program funds. II. FPL Care To Share Application, Documentation and Records Retention 1. Caseworkers will ask the applicant to sign an Authorization for Release of General and/or Confidential Information form and retain that signed original. If telephone pre-screening is conducted, the caseworkers will review the information from the release form and seek the applicant's verbal approval to share information. Caseworker should note on the file that the client's verbal approval was obtained. 2. Caseworkers will use the Agency's standard intake form for the FPL Care To Share program. 3. Caseworkers will record the applicant's proof of crisis and plan to sustain future bills. 4. Caseworkers will secure and retain a copy of the applicant's actual bill (or FPL bill statement provided through the FPL ASSIST Web Portal or by FPL staff), notating 3 FPL Care To Share Program Agreement (rev 7-9-2018) 245 the balance eligible for the program. Balance should be verified through the FPL ASSIST Web Portal.. 5. Regarding income, caseworkers will: a. Use potential recipient's current participation in Temporary Assistance for Needy Families (TANF), Medicaid, Supplemental Security. Income (S.S.I.), food stamps, and public housing for means testing.. b. Verify and record "self -declaration" of recipient's income based on established Agency guidelines to limit inappropriate disbursements. 6. If a call to the FPL ASSIST Office is needed to qualify the applicant, caseworkers will note the date of the call and the first name of the FPL ASSIST representative who handled the call. In most cases, caseworkers should be able to use the FPL ASSIST Web Portal to qualify the applicant and make a commitment. The use of the FPL ASSIST Web Portal should then be noted. 7. Caseworkers will retain all approved applications, disapproved applications, and other pertinent records described in this section, for a period of three calendar years plus the current calendar year. 8. Caseworkers will maintain a list of retracted commitments, indicating reason for .retraction and when FPL was notified. Ill. FPL Care To Share Payment Requirements 1. All FPL charges with the exception of deposits, non -electric optional products and services, return check fees, and additional billings resulting from service tampering (non -inherited current diversion charges) are eligible for the program. Late payment fees assessed to customer accounts during the time the Agency's disbursement process to the utility is pending are applicable. 2. If funds are available, and the recipient has no other means to pay, the Agency must pay the entire delinquent amount up to the currently prescribed upper limit, as determined by FPL. While this limit can be increased or decreased at the discretion of FPL, the standard upper limit for the program is $500. 3. No recipient may receive more than a one-time benefit in a twelve-month period on the current account. No recipient may circumvent this limitation. Commitment initial set-up date is used to determine the 12 -month time period.. 4. Disbursement of funds by the Agency must be by check payable to Florida Power & Light Company and must be received by FPL's Payment Processing Center no later than 60 days from the commitment date. 5. Payment must be submitted in the name of the FPL Account Holder (customer -of record) for the household applying for assistance. 4 FPL Care To Share Program Agreement (rev 7-9-2018) 246 6. Exceptions to the requirements listed above require the approval of the FPL Area Manager, and may require additional approval by the FPL Lead Area Manager. IV. Public Energy Assistance Programs The FPL Care To Share Program is designed to fill voids in existing energy assistance programsthat have exhausted their resources or where recipient's needs exceed program limits. Agency caseworkers should document efforts to link recipient with the Low Income Home Energy Assistance Program (LIHEAP), the Emergency Home Energy Assistance Program for the Elderly (EHEAP), and the National Food and Shelter (FEMA) program energy funds in advance of, and prior to committing any, FPL Care To Share funds to such client. V. FPL /Agency, Interface Program Funding FPL will solicit its customers to contribute to the "FPL Care To Share" fund via the customer's monthly electric statement, and may as an option supplement customer contributions with shareholder and employee contributions. FPL will determine in its sole discretion the method by which contributions will be collected. FPL will collect and distribute these funds to the administrative Agency proportional to the amount of donations received in the area to which the Agency has agreed to provide program services. FPL shareholder and employee contributions will be distributed. to the administrative Agency at the discretion of FPL, with area population and poverty factors considered. FPL will work closely with the Agency on disbursement of Agency funding. FPL funds from all sources will be disbursed to the Agency on a quarterly basis (subject to change upon 30 days notice from FPL). 5 FPL Care To Share Program Agreement .(rev 7-9-2018) 247 Program Commitments and Payment Commitments must be paid and itemized using an FPL Payment Transmittal form (or alternative transmittal as pre -approved by FPL) that contains the following: • Agency name, address, preparer's contact phone and/or email and date submitted • Funding type for the payments contained on the specific transmittal (i.e., LIHEAP, EHEAP, FPL Care To Share, and Other Assist) Note: Please use separate transmittals for different funding types. FPL Customer Name of Record • Address where FPL is providing service • Alternative Client Name if not FPL Customer of Record FPL Bill Account Number • Amount of Commitment to be placed. Prepared transmittals must be mailed to the following address, and FPL will provide pre -addressed envelopes upon request: FPL ASSIST P.O. Box 25231 Miami FL 33102-5231 In some cases, the Agency may not be able to use the Transmittal Envelope because of their processing system. In those cases, and to ensure timely and accurate posting of payments, the above identified mailing address must still be used. Agency commitments may be submitted in the following ways: 1. FPL ASSIST Web Portal 2. Phone call to 1-800-480-7927 No deductions from FPL Care To Share funds may be made for overhead, salaries, administrative costs or any other expense incurred by the.Agency. The entirety of funds disbursed for FPL Care To Share must be applied to payment assistance on behalf of FPL customers.. FPL Program Staff The FPL ASSIST Web Portal is the agency's primary resource to access/verify account information and to make commitments. The "FPL ASSIST Office" is the telephone center for the FPL ASSIST Program and serves as a secondary contact point for the Agency, if needed. The FPL Area Manager will serve. as primary contact concerning the overall administration of the program, including when the Agency is requesting an exception commitment. The FPL Area Manager has the authority to change FPL Care To Share program qualifications and process requirements on a "temporary" basis, with thirty days notice to the Agency, if in the best interests of FPL, its customers and partner agencies. This would include temporary changes to payment limits, number of payments for a client annually and other such considerations. 61 FPL Care To Share Program Agreement (rev 7-9-2018) 248 Client Education The Agency should encourage energy efficiency through referral of the client to FPL's free energy survey service (1 -800 -DIAL FPL) and by distributing FPL energy conservation and program information, when feasible and as appropriate for the applicant. FPL will keep the Agency advised regarding available programs. The Agency should encourage FPL's billing and payment programs, when feasible and as appropriate for the applicant, including FPL 62PIus, Friendly Reminder, On - Call, Budget Billing, and others as appropriate. FPL will keep the Agency advised regarding available programs. Agency Staff Training Caseworkers handling intake for the FPL Care To Share Program must first be trained on the program criteria, either through the agency, FPL Area Manager or a combination of both sources. Caseworkers must read, sign and agree to abide by the Program Eligibility Criteria outlined in the FPL "Staff/Volunteer Certification" form. Caseworkers will sign this form to confirm their understanding of program criteria, and their commitment to use account information obtained from FPL for the sole purpose of conducting the customer qualification process. The form must be maintained by the Agency and be made available upon request. Agency Staff/FPL ASSIST Record The Agency must maintain its list of authorized agents for FPL's ASSIST Program through the FPL ASSIST Web Portal. VI. Auditing The Agency will routinely review FPL Care To Share recipient files and program processes. The Agency will include FPL Care To Share funding in its own internal auditing schedule and will confirm the completion of such audits by their signature on the Quarterly Agency Statement of Fund Verification form. In this report, the Agency will indicate any significant irregularities to FPL as found. On a quarterly basis (due by the 15th day of the first month of each quarter, for the prior quarter), the Agency will provide to the FPL Area Manager the following: • the completed Agency Statement of Fund Verification form, signed by a principal of the Agency, confirming the FPL Care To Share fund to be "in balance" and verifying that the information provided is as true and accurate as possible. The completed and signed Agency Statement of Fund Verification form also demonstrates the Agency's internal reconciliation of the fund. the Agency Statement of Fund Verification form also includes the following metrics: o Previous Audit Ending Balance o Funds Provided by FPL to Agency o Transmittals Paid and/or Submitted to Agency Payment Dept for Payment o Other Adjustments o Audit Ending Balance 71 FPL Care To Share Program Agreement (rev 7-9-2018) 249 o Number of Customers Served Copies of all transmittals pertaining to that Quarter's report. The FPL Area Manager will help to coordinate the audit of the records submitted and will request from the agency copies of signed Authorization for Release of General and/or Confidential Information forms for customers selected at random from the accounts covered in that quarter. Upon completion of the quarterly audit, the FPL Area Manager will provide a completed quarterly audit report to the Agency. The report will specifically confirm the audit as acceptable (or not), and/or identify any exceptions cited, along with recommended (or required) steps to eliminate or correct said exceptions and process shortcomings. In addition to the quarterly audit, FPL and/or a third -party designee will conduct an on-site agency Operational Review no more than once every two years. These on- site visits are intended to be minimally intrusive to the agency's normal operation, and will be scheduled approximately thirty days in advance. The agency will be advised on what type of files/documentation/information will be needed for review. The agency may be asked to review some information in advance, to facilitate an efficient on-site review. VII. General The Agency and FPL personnel will strive to provide this community resource with a high degree of professionalism, reflecting positively on the program's donors, FPL and the Agency. The Agency and FPL have named the following designees for purposes of this Agreement: FPL Corporate Contact Marlene M. Santos Vice President, Customer Service 700 Universe Boulevard Juno Beach, Florida 33408 FPL Area/Regional Contact Dianne Verner East Area Special Consumer Services Manager 6001 Village Blvd., CSC/CSE West Palm Beach, FL 33407 561-640-2540 Agency Contact Budget. Director Indian River County Budget Department 1801 27th Street Vero Beach, FL 32960 772-226-1214 The Parties understand this program is designed to be flexible to the current needs of the community, and modifications may be made from time to time to make the program more effective. Any modifications to this Agreement must be by mutual agreement of the Parties in form of a written amendment. 8 FPL Care To Share Program Agreement (rev 7-9-2018) 250 VIII. Miscellaneous FPL may terminate this agreement at any time without liability to any party. In no event shall either party hereto be liable to the other for consequential, special, exemplary, indirect or incidental losses or damages under the agreement; including loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, and Agency and FPL each hereby release the other and each of such persons and entities from any such liability. This agreement is governed by Florida law. Nothing herein shall constitute a waiver of Agency's sovereign immunity. This agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. THE PARTIES HERETO WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AGREEMENT. The remainder of this page is intentionally blank 9 FPL Care To Share Program Agreement (rev 7-9-2018) 251 IX. Approvals Upon its execution, this Agreement shall supersede any previous agreements and remain in force for five years -- from January 1, 2019 to December 31, 2023. Either party has the. right at any time on ninety (90) days written notice to the other to terminate or amend the Agreement. Should this occur, any remaining funds will be returned to FPL along with a complete accounting. IN WITNESS WHEREOF, Florida Power & Light Company and the Agency caused this Agreement to be executed on the date indicated below. FPL Florida Power &. Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Marlene M. Santos (print name) Vice President, - - Agency Board of County Commissioners Indian River County, Florida Peter D. O'Bryan (Print Name) Chairman (Print Title) ignature/Date) (Signature/Date) +�" 6kw or % eke Sang APPROVED BY BOARD OF COUNTY COMMISSION.- (Date) OMMISSION:(Date) ATTEST.- Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficie Dylan Reingold, County Attorney Indian River County, Florida Approved: Jason E. Brown, County Administrator Indian River County, Florida APPROVED AS TO FO`"-" AND LEGAL SUFFIC BY DYLAN REINGOLI' COUNTY ATTORNL* 10 1 FPL Care To Share Program Agreement (rev 7-9-2018) 252 Confessore, Kathy From: Santos, Marlene Sent: Tuesday, August 07, 2018 3:44 PM_ To: Caplan, Deborah; Barrett, Robert E J; Silagy, Eric; Litchfield, Wade; Hoffman, Kenneth; Holmes, Julie; Robo; Jim; Sieving, Charles; Rauch, Pamela M; Forrest, Sam; Miranda, Manny, Babcock, Ana; Gomez, Maria E; Haney, John; Ho, Willie, Reynolds, Dennis; Getchell, Ken; Gupta, Ashish; Sharma, Anita; Hickson, Mark;.Sole, Michael, Cutler, Paul; Kelliher, Joe; Chapel, Christopher, Nazar, Mano; Pimentel, Armando; Yeager, Bill; Spoor, Mike G; Stengle, Kate; Thomas, Dawn M; Gould, Rob; Ketchum, John; Dobin, Alex, Prieto, Rosa; Daggs, Nicole; Kurian, Grace; Warren, Mandy, Hanrahan, Brian; rboren@southernco.com; Fowler, Michael Cc: Socorro, Mayra; Aspuru, Ivette; Jimenez, Vivian; Figuera, Monica; Dominguez, Debra; Danek, Diane; Warner, Diane; Confessore, Kathy; Santos, Marlene Subject: Delegation of Authority - August 8 - 26 I will be out of the office, on vacation, starting Wednesday, August 8 and returning Monday, August 27. I will be travelling abroad, with a 12 -hour time -zone difference, and limited access at times, so please direct any items needing attention, to the following direct reports: Ken Getchell (Customer Service) Office #: 305-552-2479 Cell ##: 305-903-6472. Grace Kurian (Integration) Office #: 561-304-5510 Cell #: 954-494-2045 Thank you, FPL Marlene Santos I Florida Power and Light I Vice President - Customer Service 9250 W Flagler Street I Miami, FL 331741305-552-2569 (o); 305-552-2398 (f) 253 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 28, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2019003 —Annual Bid for Liquid Aluminum Sulfate BACKGROUND: The Department of Utility Services requested the solicitation of annual bids to provide as needed delivery of aluminum sulfate (liquid alum), used in wastewater and biosolids treatment facilities to remove phosphorus and aid in the settlement of solids in the clarifiers. The current bid, awarded to ChemTrade on September 15, 2015, expires on September 30, 2018. The term of the new annual bid is October 1, 2018, through September 30, 2021, with the option for two additional one-year renewals. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: July 21, 2018 August 21, 2018 371 Subscribers 12 Vendors 5 Vendors *Three firms submitted statements of "no bid" without specifying a.reason they elected not to bid. 254 Per gallon unit Estimated Bidder's Name Location annual cost at price 60,000 gallons Chemtrade Chemicals US LLC Parsippany, NY $0.5672 $34,032.00 Thatcher Chemical of Florida, Inc. Salt Lake City, UT $0.61 $36,600.00 GEO Specialty Chemicals* Little Rock, AR NB NB Kemira Water Solutions, Inc.* Lawrence, KS NB NB Univar USA, Inc.* Morrisville, PA NB NB *Three firms submitted statements of "no bid" without specifying a.reason they elected not to bid. 254 CONSENT ANALYSIS: The low bid represents an increase of $0.0431 per gallon, or 8%, but remains lower than the price paid for the October 1, 2012, through September 30, 2015, bid period. SOURCE OF FUNDS: Funding in the amount of $34,032.00 is available in the Wastewater. Treatment -Chemicals account, as shown below. Account Number Account Description FY 18/19 Proposed Budget 471218367035230 Wastewater Treatment — Chemicals $25,032.00 47125736-035230 Sludge Treatment - Chemicals $9,000.00 RECOMMENDATION: Staff recommends the Board award bid 2019003 to ChemTrade Chemicals US LLC and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2018, through September 30, 2021, to the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 255 INDIAN RIVER COUNTY,, OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 29, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms for RFQ 201842 — Continuing Geotechnical Engineering Services BACKGROUND: The current professional geotechnical engineering consultant contracts will expire on September 22, 2018 and have no renewals available. On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional geotechnical engineering services on a continuing contract basis. Term of award is anticipated to be three years with one two-year renewal option available. RFQ RESULTS: Advertising Date: June 3, 2018 RFQ Opening Date: June 27, 2018 DemandStar Broadcast to: 252 Subscribers RFQ Documents Requested by: 22 Firms Replies: 7 Firms ANALYSIS: A selection committee comprised of James Ennis, P.E., County Engineer, Kirstin Leiendecker, P.E., Project Engineer, Arjuna Weragoda, P.E., Capital Projects Manager and Keith McCully, P.E., Stormwater Engineer independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. All seven firms were notified they had been pre -qualified and invited to participate in discussion about anticipated projects and work distribution. All seven firms are recommended for award; based on the anticipated volume of work. Final agreements will be presented to the Board at a later date for approval. he final ranking established by the committee is: Res orcim Firm x Location p 1. Anderson Andre Consulting Port St. Lucie 2. Terracon Port St. Lucie 256 Responding'Firm,e Locations k_, 3. Ardaman & Associates Port St. Lucie 4. Nutting Engineers of Florida, Inc. Port St. Lucie 5. GFA International Port St. Lucie 6. Universal Engineering Sciences, Inc. Fort Pierce 7. Tierra South Florida West Palm Beach FUNDING:. Funding for work orders under these agreements will vary, based on project and department. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations. with all of the responding firms in accordance with FS 287.055, Consultant's Competitive Negotiation Act. For September 11, 2018 257 DATE: TO: THROUGH FROM: SUBJECT: INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION August 28, 2018 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Jennifer Hyde, Purchasing Manager CONSENT ?-V Award of Bid 2018066 — Demolition of Condemned Structure (Club Bali) BACKGROUND: With Resolution 2015-115, the Board of County Commissioners declared the property known as the former Club Bali and located at 4076 Old Dixie Highway unsafe and a nuisance and ordered the demolition of the building and removal of related debris. The Sheriff's Department later requested the addition of clearing the three adjacent parcels to the north of the structure to the scope of work. Due to the poor condition of the structure, its location adjacent to the building to the south, and the potential of a common wall or other structural components between the two properties, many questions were asked and reviewed, leading to two separate extensions to the bid due date. Ultimately the scope of work was modified to exclude removal of the potentially common wall between the condemned structure and the adjacent building to the south. Staff anticipates after the removal of the bulk of the structure, a more thorough analysis of the structure to the south may be completed and instructions prepared by a structural engineer to demolish the remainder of Club Bali, while protecting the building to the south. A subsequent bid will be issued after those instructions are prepared. BID RESULTS: Advertising Date: June 29, 2018 Bid Opening Date: August 21, 2018 DemandStar Broadcast to: 633 Subscribers Bid Documents Requested by: 18 Firms Replies: 2 Firms 258 CONSENT Bidder Location Demolition of Club Bali Lot Clearing Summit Construction of Vero Beach, LLC Vero Beach $77,160.00 $9,480.00 The BG Group Delray Beach DQ DQ *The BG Group bid was disqualified for failure to acknowledge receipt of Addendum #4 (which modified the scope of the work).. ANALYSIS: Summit Construction has successfully completed demolition of condemned structures for the County, and is the lowest responsive and responsible bidder. FUNDING: Funding for the clearing of the three lots to the north ($9,480.00) is available in the Transportation Fund/Road & Bridge/Other Contractual Services account (11121441-033490), and funds for demolition of the structure ($77,160.00) will be made available in the. MSTU Road and Bridge — Other Contractual Services account (00421441-033490). RECOMMENDATION: Staff recommends the Board award bid 2018066 to Summit Construction of Vero Beach, LLC and authorize the Purchasing Division to issue a Purchase Order for the work. Approved for September 11, 2018 259 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: IJason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Award of Bid No: 2018074 IRC West WWTP Roof Replacement DATE: August 29, 2018 DESCRIPTION AND CONDITIONS The existing shingle roof at the County's West Waste Water Treatment Plant, located at 8405 Stn Street, was last repaired following the 2004 hurricanes. Since then, the roof has surpassed its functional lifespan and roof failure is likely with continued wear. To address this issue, on May 1, 2018, the Board of County Commissioners approved Work Order No.6 with REI Engineers, Inc. to design a roof replacement. Following REI's completion of design for the new roof, the project was advertised and a bid opening was held on August 22, 2018. Three (3) qualified bids were received for the project, a detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The three successful bidders and their respective bids are as follows: Southern Coatings, Inc. $40,197.00 All Area Roofing and Waterproofing, Inc. $41,910.00 The Roof Authority, Inc. $50,000.00 Southern Coatings, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $ 40,197.00. This bid is below the engineer's cost estimate of $45;000.00. Upon checking references, County Staff, in coordination with REI Engineers, Inc. staff, has determined that Southern Coatings, Inc. has successfully completed similar construction projects both on time and at budget. FUNDING Funding for the West Regional WWTP Roof Replacement is available in the R+R Account in the Utilities Operating Fund. Operating funds are generated from water and sewer sales. The account number is 47123536-044699-18518. 260 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7COE4989\@BCL@7COE4989.doc Page 2 Award of Bid No: 2018074 IRC West WWTP Roof Replacement September 11, 2018 BCC Meeting RECOMMENDATION Staff recommends that the project be awarded to Southern Coatings, Inc. in the amount of $40,197.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. Second, since the project will not be completed by 9/30/18, staff recommends rolling the funds to FY 18/19. ATTACHMENTS Sample Agreement DISTRIBUTION Southern Coatings, Inc. All Area Roofing and Waterproofing, Inc. The Roof Authority, Inc. APPROVED AGENDA ITEM FOR SEPTEMBER 11, 2018 261 Bid No. 2018074/IRC-1803 SAMPLE AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: PROJECT DESCRIPTION: Project consists the replacement of the Control Room roof at the Indian River County West Wastewater Treatment Plant located at 8405 81" Street, Vero Beach, Florida, 32968. Work includes the removal and disposal o the following existing shingles underlayment,,sheet(metal flashings, trim, gutters, downspouts, and gutter edge wood faciaiboards. Repair of existing (substrate as needed and inst'allation�of the following: underlayment, shingles, sheet metal flashings, trim, gutters, downspouts and gutteredge wood facia ARTICLE 2 -THE PROJECT . {I The Project for/which rthe unde Work r the Contract Documents may be the whole or only -a -part is gene described as -follows: — Project Name: INDIAN RIVER COUNTY WEST WWTP ROOF REPLACEMENT (IRC -1803) Bid Number: 2018074 Project Address: 84058 TH STREET, VERO BEACH, FLORIDA 32968 ARTICLE 3 - CONTRACT TIMES 3.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of theAgreement. 3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 30" calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 45'calendar day after the date when the Contract Times commence to run. Page 24 of 34 262 Bid No. 2018074/IRC-1803 3.3 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if. the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $956.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. . ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For.all Work, at the prices stated in{l CONTRACTOR's Bid, attached_ hereto as an exhibit. B. THE CONTRACTS M ONTRACTSU;M subject to dd'it !`ns and deductions provided in the Co tract Docum nt�s: Numerical A mount: $. ". { Written Amount:: -- I ARTICLE 5 - PAYMENT PROCEDURES 5.1 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. Page 25 of 34 263 Bid No. 2018074/IRC-1803 5.2 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay jjrequest. 1 1� i h 5.3 4 Paragraphs 5.01fand,5.02 do not ziipplV, to construciion servic e s work purchased by the County as OWNER which'are,paid for, in whole or in part, with `federal funds and are subject to federal grantor laws and regulations or requireme is that are contrary to any provision of the Local Government Prompt Payment Act. In such event, \ ,' 1 j l r' I I J ( _ - payment and retainage provisions shall lbe governed by the applicable grant requirements and guidelines. 5.4 Acceptance of Final Payment a;Release. ! ! A-� Theacceptanceby-the'CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations underthis Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — PUBLIC CONSTRUCTION BOND 6.1 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in, the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. Page 26 of 34 264 Bid No. 2018074/IRC-1803 B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by theOWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida32960. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A.CONTRACTOR has ermined and carefully studied t +e Contra - -ct_ current and the other -.related data identified in the Invitation to Bid documents. I I B. CONTRACTOR has visited the Site and become/ amil� ar, with�and is satisfied as to the gene ral,-local,_and Site conditions that may affect cost, progress\ and performance of the Work. C. CONTRACTOR is-familiarwi'th and is sat sfieclas to all federal state, and local Laws and Regulations that may r` J,cost, progress, and performance ofthe 'Work.f .� I_J t � � .� LJ L � k D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Page 27 of 34 265 Bid No. 2018074/IRC-1803 H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2018074; (2) CONTRACTOR'S Bid Form (pages 12 to 14, inclusive); (3.)- Bid Bond (page 15); 64) - Drug Free Workplace Fo4rm\(page 16); g (5) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of elatio`nships (�pa\ges 17 11 0�18\iinclusive);� ! 1�_ (6) Bidders ;Qualifications Q es do nnaire (pagesil9 to 22, inclusive); I---:--� (7) �List�fSubcontracto`rs (paL_ge23); (8) Plan set follows: Sheets Rl' W1' and D1 with each sheet bearing the general titleof COUNTY WEST WWTP; (9) Project Manual: PREPARED BY REI ENGINEERS,- (10) NGINEERS; (10) This Agreement (pages 24 to 32, inclusive); (11) Certificates of Liability Insurance (page 33); (12) Notice to Proceed (page 34); (13) Addenda (if applicable) to ; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s) Page 28 of 34 266 Bid No. 2018074/IRC-1803 ARTICLE 10 - MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 Successors and Assigns A. OWN (thE agre 10.4 A. Any p shal r-, and and CONTRACTOR each J ,arty hereto, its partner ents, and/obligations co Wity itself, its partners, successors, assigns, •essors, assigns, nd Iegal-representati d in the Coht,r'act Documlents. rovision or part -of -the Contract Documents held to be void or-unenforcea I be deemed stricken, and all r`emaininglpr'ovisions shall continue to be CONTRACTOR, who agree that the Contract Dtodumenitsl shall be refo ii sion or part thereof with a valid and enforceable provision that comes a intention of the stricken provision. 10.5 Venue legal representatives�to the in respect.to all_covenants, e'underany Law or Regulation flid and binding upon OWNER ned to replace such stricken close sae possible t expressing xpressing A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.6 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractorshall: (1) Keep and maintain public records required by the County to perform theservice. (2) Upon request from the County's. Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided bylaw. Page 29 of 34 267 Bid No. 2018074/IRC-1803 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT; CONTACT THE C STODIAN OF PUBLIC RECO�RDSk11AT: �'` i\\ t (772)1226-142'4 j I I publicrecords@ircgov.com indiin RiverCounty Office of the County Attorney { �� 1801.271 Street r�J Vero Beach, F'L 32950 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11- TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have underthis Contract or underlaw: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contractor any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timelybasis. Page 30 of 34 268. Bid No. 2018074/IRC-1803 B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unlesst e otice directs otherwise,immediately discon inue the_ work and i m m e—d iately ceasF ord g of any materials Tabor, equipment, facilitie' s,'orlsupplies in connectioln wi ht the performance of this Contract. Upon sncli termination Co�ntra�ctor shall be entitled to payment only as follows: I (1) th`e actual cost of the work completed'in conformity with'this Contract and the specifications; plus, (2) such other costs actuallyincurred by CONTRACTORraslare permitted.byjhe prime contract and p ved by the OWN; � Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. [The remainder of this page was left blank intentionally] Page 31 of 34 269 Bid No. 2018074/IRC-1803 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman By:. Jason E. Brown, County Administrator APPROVED AS TO FORM/AND LEGAL S By: Dylan` ingold, County y Attorney Jeffrey R. Smith, Clerk of Court and Co Attest: Deputy Clerk (SEAL) CONTRACTOR: By: Attest ;1ENCY: f t { ddr Iler Designated Representative: Name: Richard B. Szpyrka, P.E. Title: Public Works Director Address: 180127thStreet. Vero Beach, FL 32960 Phone:(772) 226-1234 Email: rszpyrka@ircgov.com ice (Contractor) (CORPORATE SEAL) (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 32 of 34 270 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B: Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 2018070 Atlantic Boulevard Parking Area, IRC -1719 DATE: August 21, 2018 DESCRIPTION AND CONDITIONS On May 16th 2017, the Board of County Commissioners selected consultant MBV Engineering, Inc. to perform professional services through Work Order Number 6 to prepare construction documents to construct Atlantic Boulevard Parking Area improvements, in conjunction with the anticipated future State Road 60 and 43`d Avenue roadway widening project. On April 14, 2015 the Board of County Commissioners approved an interlocal agreement with the City of Vero Beach to provide for the release of certain contractual land use restriction encumbering the City - owned former Dodgertown nine -hole golf course propertyand City cooperation and assistance regarding certain roadway improvements project for Aviation Boulevard, 43`d Avenue, and State Road (SR) 60 in the area of43`d Avenue. The interlocal agreement obligated the County to incorporate a "Cure Plan" for the northeast corner of SR -60 and 43`d Avenue into the, plans for the SR -60 and 43`d Avenue roadway widening project. MBV Engineering Inc. has completed construction documents for bidding. A bid opening for the project was held on August 08, 2018. Three (3) qualified bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: COMPANY BID Timothy Rose Contracting, Inc. $310,259.50 Vero Beach, FL Cathco,lnc. Vero Beach, FL $360,598.75 Ranger Construction Industries, Inc. Stuart, FL. $503,352.55 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $310,259.50. Timothy Rose Contracting, Inc. has successfully completed numerous construction projects with Indian River County. Timothy Rose Contracting, Inc. bid was below the Engineer's Estimate of $343,268.22. 271 Award of Bid No. 2018070, Atlantic Blvd Parking Area Project IRC -1719 For September 11, 2018 BCC Meeting FUNDING Funds are budgeted and available from Traffic Impact Fees/District II/SR 60/Atlantic Blvd Parking Area, Account# 10215241-066510-18034. RECOMMENDATION Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the amount of $310,259.50 and requests the Board of County Commissioners approve sample agreement and authorize the Chairman to execute agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and the County Attorney has approved agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement AGENDA ITEM FOR SEPTEMBER 11, 2018 272 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40DBF02\@BCL@C40DBF02.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT..............................................................f. / - 2 .................... ARTICLE3 - ENGINEER................................................................... ... ....../... >..............................2 ARTICLE 4 - CONTRACT TIMES .................................... ...�..................... �...\......... �....?.............. 2 ARTICLE 5 - CONTRACT PRICE ................ C...................... ................................... 3 ARTICLE 6 -PAYMENT PROCEDURES �......................./...................\............................................ 3 ARTICLE 7 - INDEMNIFIC-ATION...... ...................................................................................................5 ARTICLE 8 - CONTRACTOR ARTICLE 9 - CONTRACT, -.................................................................. 5 .......................................................................................... 6 . J............................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@C40D948?.'7g3 00520-1 C:\Users\IegistaAHppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified `o� died in the Contract Documents. The Work is generally described asfollows: The project consists of repaving and reconfiguring the parking 'lot at the northeast corner of SR -60 and 43rd Avenue, including -,drainage improve ments, signing and pavement markings, landscaping, sign' -relocation and removal of existing monitoring wells. Additional improve'ments include the construction of concrete sidewalks along 42"d Avenue/Atlantic.Boulevard, and associ the, markings. All work is to be in accordance with Florida Department of Transportation, City of Vero N A\ \ Beach and Indian River County requirements. 2.01 The Project for which,th'eWork und& the Contract Documents may be the whole or only a part is generally described`as follows.,, Project Name: ATLANTIC BOULEVARD PARKING AREA County> Project -Number: IRC -1719 Bid Number: 208070 Project Add s: ATLANTIC -BOULEVARD AT SR -60, 43RD AVENUE AND 42ND /AVENU.E, VERO BEACH, FLORIDA 32960 ARTICLE 3 - ENGINEER 3.01 The Indian �Ri'County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@C40D948?,74 00520-2 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 1201th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of thb essence of this Agreement and that OWNER will suffer financial loss if the Work is\not completed within the times specified in paragraph 4.02 above, plus any extensions thereof#allow'echn accordance with Article 12 of the General Conditions. Liquidated damages wilNommence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in in a legal proceeding the actual loss suffered by OWNER if the Work�is not�com'pleted on time. Accordingly, instead of requiring any such proof, OWNER`and1CONTRACTOR agree that as liquidated damages for/delay (bu�not as a�penalty), CONTRACTOR shall pay OWNER $1,241.00 for each cfa�ndar day,that a pires\after the time specified in paragraph 4.02 for Substantial.,Completion\until the Work i�substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse,.,or fail to complete the remaining Work within the Contract\Time�or any proper extension thereof granted by OWNER, CONTRACTOR shall pa�y�OWNER'11241.00 for each calendar day that expires after the time specified in paragraph 402�for completion and readiness for final payment until the Work is competed and read I for finahpayment� CLE 5 - 5.01 OWNER pu AA' For all Work, at CONTRACTOR for completion of the Work in accordance with the ts,ani-a` unt.in)current funds equal to the sum of the amounts it to,pa,r.agrraph 5:01.A and summarized in paragraph 5.01.8, below: prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. UM'subject to additions and deductions provided in the Contract:: Numerical Amount: $ Written ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. @BCL@C40D948Z7S 00520-3 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easylRDF 8\@BCL@C40D948E\@BCL@C40D948E.doc A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under' the Contract Documents. Pursuant to Florida Statutes -section 218.735(8)(b), fifty percent (50%) completion means the point at whict6he County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, togeth�er\with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress poy'mentashall, beNsubmitted on the/application for payment form supplied by OWNER and`the�apOication for 0ayment shall contain the CONTRACTOR'S certification�All progress payments will be on the basis of progress of the work measured by the schedule of valu_es'established, or in the case of unit price work%ased on4the number of units completed. After fifty percent (50%) completion and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER four p tone half'(112) of the retainage held by the County as OWNER, and the County�asOWNER shall promptly make payment to the CONTRACTOR unless such armunts.arethe\subject\of�'a good faith dispute; the subject of a claim,pursuant toNFlo.rida-Statutes section 255.05; or otherwise the subject of a claim "Oridemand \by\the County] as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, enr ci es , or -materials supplied by one or more subcontractors or suppliers, the Contractor shall<timely' remit payment of such retainage to those Csubcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as —OW-NERshall receive immediate written notice of all decisions made by \_CONTRACTORo withhold retainage on any subcontractor at greater than five percent!(5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay,r_eque . . 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work @BCL@C40D948?,.'7(6 00520-4 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Ag following representations: A. CONTRACTOR has examined and carefully other related data identified in the Bidding Doc B. CONTRACTOR has visited the Site a general, local, and Site conditions that Work. C. CONTRACTOR is familiar Regulations that may affect makes the d the Contract'Documents and the with and 'is satisfied as to the egress, and performance of the all federalostate, and local Laws and rmance of the Work. D. CONTRACTOR has carefully studied, dlk (1) ports of explorations and tests of subsurface conditions at -or contiguous to\\the,Site and all drawings of physical conditions in or relating to ezistiiig.surface or`subsurface, structures at or contiguous to the Site (except Underg round\Fbcilities)�-which\ have been identified in the Supplementary Conditionsfas.provided in,paragraph14v02\of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in�the Supplement ryConditions�as provided in paragraph 4.06 of the General Conditions. \ \ E. CONTRACTOR has/o`btained�d carefully studied (or assumes responsibility for having done so) all additiona`l/or supplementary examinations, investigations, explorations, tests, studies; and data concerning conditions (surface, subsurface, and Underground Facilities) at or -contiguous to theSite which may affect cost, progress, or performance of the Work or which relate�to,any)aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the @BCL@C40D948?.7 67. 00520-5 C:\UsersVegistarWppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR -has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTI(" A AA\.Tl1AAT f�AA...•P^..TA 9.01 A. 13. Addenda (if applicable ); sive); s of the Technical inclusive, - - ARKING; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Condition For Right -of -Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); @BCL@C40D948?,.7c8 00520-6 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc ARTH 10.01 A. 10.02 A. 10.03 A. 10.04 - - - - 16. Bid Bond (page 00430-1), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1); 17.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18.Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19.The following which may be delivered or issued on or after the Effective Date of the >nditions. ict will be ght to be 1 moneys t that the -d to the Jischarge igns, and and legal ted in the A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract @BCL@C40D948?.'7Q 00520-7 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be respected or copied within a reasonable time at a cost that does not exceed the cost/provided in Chapter 119 or as otherwise provided by law. 1� <-1, ,-%. (3) Ensure that public records that are exempt�or confide ntial"and'exempt from public records disclosure requirements are not disclosed -except as authorized by law for the duration of the contract term and following completion of the contract if'thec tractor does not transfer the records to the County. N�7 (4) Upon completion of the contract, transfer, at no cost, to.the County all public records in possession of the Contractor or keep and',maintain public records required by the County to perform the service. If the Contractor transfer/all/public records' to the County upon completion of the contract, the Contractor shalMestroy any duplicate public records that are exempt or confidential and exempt\,6mKpubl c\ecords disclosure requirements. If the contractor keeps and maintains publicNecords upon completion of the contract, the Contractor shall meet/al al pplicable requirements fobretaining public records. All records stored electronically m�ust"�be provided �to'\the�County, upon request from the Custodian of Public Records, in a format that -is compatible with"the information technology systems of the County. /--,, B. IF THECON--TRACTROHAS' QUESTIONS REGARDING THE APPL-ICATIOON OF'-CHAPTER)119, FLORIDA STATUTES, TO THE CONTRACTOR'S'DUTY-,TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC (772) 226=1424 Publicrecords(d-)ircgov.com Indian�Riv"er County Office of the County Attorney 180127 th- Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@C40D9482" 00520-8 C:\UsersVegislar\AppData\Local\Temp\BCL Technologies\easyPDF 8\ o@BCL@C40D948E\@BCL@C40D948E.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND L SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Attest: `. V\ \ \ \ Deputy Clerk (SEAL)/� Designated Representative: Name:\James W -7 -Ennis, P�E.�,PMP Title: County -Engineer-,, 1801 27th Street Vero Beach, Florida 3296 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: By: ('nntrartnr) License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@C40D9482 ft 00520-9 C:\UsersVegislar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40D948E\@BCL@C40D948E.doc INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 27, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: West Wabasso Phase II Septic to Sewer Approval of FDEP Funding Agreement DESCRIPTIONS AND CONDITIONS: On May 1, 2018, the Indian River County Board of County Commissioners (BCC) authorized staff to seek additional grant funding opportunities for the West Wabasso Phase I I Septic to Sewer project. On June 7, 2018, the Florida Department of Environmental Protection (FDEP) announced that Indian River County was awarded $450,000 in funding for the West Wabasso Phase II Septic to Sewer Project. Funding will be made available through a cost reimbursement grant, which will require execution of a grant agreement with the FDEP. ANALYSIS/ENGINEERING: In orderto secure the funding, the following needed to be done: • Agreement.Contact Information form, • A Grant Work Plan; and, • Certificate of Insurance Coverage or letter from the community or agency's Chief Financial Officer stating that the Grantee is self-insured. The above information was prepared by staff and forwarded to FDEP for their preparation of the final agreement. On August 9, 2018, FDEP forwarded the final grant Agreement No. NSO45 which expires February 28, 2020. FINANCING/FUNDING- The estimated construction cost is $2,500,000. The FDEP grant will pay $450,000 towards the construction cost. Other funding sources are as follows: • Indian River County pledged funding up to $1,475,000, as approved by the BCC on May 1, 2018. • Indian River Lagoon National Estuary Program (IRLNEP) funding award of $200,000. Please note that agreement has not been finalized. Pagemil C:\Users\legistar\AppData\Local\Temp\BCL Techno1ogies\easyPDF8\@BCL@A40DCOBO\@BCL@A40DCOBO.docx Ala • Saint Johns River Water Management District (SJRWMD) Cost -Share Grant. Please note that the SJRWMD cost -share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $825,000. RECOMMENDATION: Staff recommends approval of the Florida Department of Environmental Protection Grant Agreement No. NS045 and requests the Board of County Commissioners to authorize the Chairman to execute the same on their behalf. Please note that if, during the procurement process, bids are much higher than the engineer's opinion of probable cost, the County has the option to close the agreement early without addressing any construction. The early closeout of the agreement would be brought as a new item to the board at that time. Page0 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement —This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: West Wabasso Phase it Septic to Sewer Project NSO45 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard (Department) Tallahassee, Florida 32399-3000 Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 180127th Street, Vero Beach, Florida 32960-3365 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: . Upon Execution 2/28/2020 4. Project Number: Project Location(s): (If di„(%rentfromAgreement Number) West Wabasso, Indian River CounglM Project Description: The Project includes the construction of a gravity sewer system within the Whitfield Subdivision of West Wabasso and conversion of existing septic systems to central sewer. 5. Total Amount of Funding: $450,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal Line Item 1624, GAA, FY 2016-17 $450,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $450,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Chris Williams Name: Arjuna Weragoda or successor or successor Address: 3900 Commonwealth Blvd., MS3570 Address: 180127th Street Tallahassee, Florida 32399-3000 Phone: 850-245-2948 Vero Beach, Florida 32960-3365 Phone: 772-226-1821 Email: christopher.t.williams@dep.state.tt.us Email: aeragoda@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements m Attachment 2: Special Terms and Conditions 66 Attachment 3: Grant Work Plan © Attachment 4 Public Records Requirements ® Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) =Copy available at httosJ/facts.tldI&coin, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): GZ Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. NSO45 Rev. 4/30/18 EM 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)( l): Federal Award Identification. Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? O Yes (ZIN/A IN WITNESS: WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Grantee Name By (Authorized Signature) Print Name and Title of Person Signing Date Signed State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ® Additional signatures attached on separate page. DEP Agreement No. NS045 Rev. 4/30/18 285 DWRA Additional Signatures DEP Grant Manager DEP QC. Reviewer .DEP Agreement No, NSO45 286 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT. l 1. Entire Agreement. This Grant Agreement, 'Including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes al prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal; and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant. Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terns and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. S. Performance Measures. Attachment 1 1of11 Rev. 4/27/18 287 The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. . a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in.the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter. rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. Attachment 1 2of11 Rev. 4/27/18 ..l a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security -and other taxes resulting from this Agreement. c. Maximum Amount of Aereement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional finds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: %vww.mvfloridacfo.com/andir/reference guide/. e. Invoice Detail.. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Rectuest. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: Nv%v,,v.nivfloridacfo.com/Division/AA/Veildois/defatilt.littii. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salarv/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 31 Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1. 3ofII Rev. 4/27/18 289 charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S:, and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee. shall be responsible for maintaining appropriate property records for any subcontracts that. include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall requestthe advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt. of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,. Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. Attachment 1 4of11 Rev. 4/27/18 290 The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits :an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Department must submit al invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services.for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5ofII Rev. 4/27/18 291 e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. if services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s); however additional requirements may be outlined in the Grant Work'Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in: the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity .to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this.Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of. Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; J. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title I I of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy: of Grantee's business or property; and/or' iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may; in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment I 6of11 Rev. 4/27/18 292 foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (l) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; .or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless. Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents,. employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents; employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1.) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies, for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. Attachment I 7of11 Rev. 4/27/18 293 The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid, proposal, orreply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real propertyto a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or.disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., Department may immediately terminate this Agreement at its sole option if Grantee or its subcontractors are found to have submitted a false certification; or if Grantee, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S.; Department may immediately terminate this Agreement at its sole option if Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if Attachment 1 8ofII Rev. 4/27/18 294 Grantee, its affiliates, or its subcontractors are placed on the Scrutinized Companies that Boycott the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Grantee agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. d. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that .no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance,.term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shalt provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: littr):Hdos.mvflorida.com/I ibraty-archives/records-mana_ement/general-records-schedu Iesf). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Reguirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the. type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "•Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fld fs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). The Department Attachment 1 9of11 Rev. 4/27/18 295 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,. shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered .funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions., all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes; but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent: d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment I 10 of 11 Rev. 4/27/18 296 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement;of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall, not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents. performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment I Il of 11 Rev. 4/27/18 297 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. NSO45 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the West Wabasso Phase II Septic to Sewer Project. The Project is defined in more detail in Attachment 3, Grant Work Plan.. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are.extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match . Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ p a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ . Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment p ❑ Miscellaneous/Other Expenses ❑ ❑ .Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements There is no match required on the part of the Grantee under this Agreement. 9. Insurance Requirements Attachment 2 1 of 2 Rev. 5/3/2018 298 .Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each .policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability.and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however -the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. . The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's. duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' .compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall coverall employees engaged in any work under the Agreement. d. Other Insurance. None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. No retainage is required under this Agreement. 12. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. None. Attachment 2 2of2 Rev. 5/3/2018 299 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: West Wabasso Phase 11 Septic to Sewer Project PROJECT LOCATION: The Project will be located south of CR -510 bounded to the west by 64th Avenue, 62nd Avenue to the east and 83rd Street to the south in West Wabasso. West Wabasso is located in the unincorporated area of Indian River County. Project Coordinates: 27.746667, -80.4558333. See Figures 1 and 2 for a location map and site plan. PROJECT BACKGROUND: The project area is in a financially disadvantaged community of. 88 residential and 13 commercial properties, for a total of 101 properties that can be served by centralized sewer. The ability to provide sewer services to West Wabasso would yield a positive benefit to the Lagoon by reducing an estimated 3,131 pounds/year of Total Nitrogen and 505 pounds/year of Total Phosphorus from being leached into the ground water. PROJECT DESCRIPTION: Indian River County (Grantee) will construct a new gravity sewer collection system within the Whitfield Subdivision of West Wabasso, The, Project includes converting approximately fifty-four (54) existing septic systems to centralized sewer. The facilities shall also provide sewage collection infrastructure to serve about sixty (60) lots on CR 510, 64th Avenue, 86th Street, 86th Lane, 65th Drive, 65th Court and 64th Drive. The gravity sewer main will consist of approximately 5,000 feet of gravity sewer, manholes, service laterals, and a new Indian River County Department of Utility Services sanitary sewer lift station.. Septic tanks on the lots to be connected to the laterals will be demolished and removed. The Project also includes constructing stub -outs to approximately forty-seven (47) vacant parcels for future connection. TASKS: All documentation should be submitted electronically unless otherwise indicated. Deliverables: The Grantee will construct a a new gravity sewer collection system within the Whitfield Subdivision of West Wabasso in accordance with the construction contract documents. The facilities will provide sewage collection infrastructure to serve approximately sixty (60) lots on CR 510, 64th Avenue, 86th Street, 86th Lane, 65th Drive, 65th Court and 64th Drive. The gravity sewer main will consist of approximately 5,000 feet of gravity sewer, 15 manholes, service laterals, stub -outs for future connection, and a new Indian River County Department of Utility Services sanitary sewer lift station. Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee and the Engineer's Certification of Payment Request, and dated color photographs of on-going work representing the time period covered in the payment request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. NSO45, Attachment 3, Page 1 of 4 300 Task 2: Connection to Central Sewer Deliverables: The -Grantee will connect approximately 45 single family residences and approximately 6 commercial buildings to a central sanitary sewer system for wastewater treatment by the Central Wastewater Treatment Facility owned and operated by Indian River County. Documentation: The Grantee will submit a signed acceptance of the completed work to date by the Grantee, a list of addresses and types of the properties connected, and proof of connection for each property, as evidenced by copies of invoices for the connections by a licensed plumber or a utility contractor or building contractor; or a certification by a Licensed Professional Engineer. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE: The tasks must be completed and all documentation received by the corresponding task end date. Task No. Task Title Task Start Date Task'End Date 1 Construction Upon execution 08/31/2019 2 Connection to Central Sewer Upon Execution 08/31/2019 BUDGET DETAIL BY TASK: Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Budget Category Grant Funding, Not to exceed $ 1 Contractual Services $346,980 Total for Task: $346,980 2 Contractual Services $103,020 Total forTask$103,020 Pro'ect'Total:- $450,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NSO45, Attachment 3, Page 2 of 4 301 Figure 1. Detailed Project Area Map EXHIBIT A -DETAILED PROJECT AREA MAP DEP Agreement No. NSO45, Attachment 3, Page 3 of 4 302 Figure 2. Project Location Map WEST WA BASSO PHASE II SEPTIC TO SEWER PROJECT LOCATION MAP DEP Agreement No. NSO45, Attachment 3, Page 4 of 4 VINCITY MAP ;f Yi EXHIBIT B - PROJECT LOCATION MAP 303 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 11 9.07(l), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section I I9.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 DEP Agreement No. LP####, Attachment 4, Page 1 of 1 Rev. 4/27/2018 304 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of. resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", DEP", "FDEP" or "Grantor-'; or• other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S.j as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipientagrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133,.as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in SubpartC of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal .year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular .A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). DEP Agreement No. NSO45, Attachment 5, Page I of 5 Rev. 427/2018 305 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.Qov PART II: STATE FUNDED This part is applicable ifthe recipient -is a nonstate entity as defined by Section 21.5.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal .direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10:550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at littps:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites .may be accessed for information: Legislature's Website at http://www.les!.state.fl.us/Welcome/index.cfin, State of Florida's website at http:Hww►v.mvflorida.coml. Department of Financial Services' Website at.littp://wNyw.f1df§.con1/ and the Auditor General's Website at :htti)://www.invflorida.coi-n/audeeii/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that. are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional. audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with ONIB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d); OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: DEP Agreement No. NSO45, Attachment 5, Page 2 of 5 Rev. 4/27/2018 306 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin leAudit a dep. state. fl.us. B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following -address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at litto://Iiarvester.census.eov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A -I33, as revised, and 2 CFR Part 200,, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133; as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor,. to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSin_leAudit n.dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 DEP Agreement No. NSO45, Attachment 5, Page 3 of 5 Rm 4/27/218 307 Electronically: FDEPSingleAudit nmdev.state.fl:us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I 1 I West Madison Street. Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinaleAuditRmdep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement fora period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. NSO45, Attachment 5, Page 4 of 5 Rev. 4/272018 308 EXHIBIT -1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number State Appropriation CFDA Title Funding Amount Category CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1624 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $450,000 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA CFDA Title State Appropriation Funding Amount Category CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1624 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $450,000 088964 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement General Appropriations, Line Item 1624 2016-2017 37.039 Statewide Surface Water Restoration and Wastewater Projects $450,000 088964 Total Award $450,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) f littps:Happs.fldfs.com/fsaa/seai•chCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. DEP Agreement No. NSO45 Attachment 5, .Exhibit 1, Page 5 of 5 Rev. 487/2018 309 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: NSO45 Grantee Name: Grantee Address: Grantee's Grant Manager: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: A summary of project accomplishments for the reporting period, and comparison to goals for the period. If goals were not met, provide reasons why. Provide an update on the estimated time for completion of the task and an explanation for any anticipated delays..Identify by task. Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed. Task #: Description: Progress for this reporting period: Identify any delays or problems encountered: Task #: Description: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. NSO45 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A, DEP Agreement No. NSO45 IofI Rev. 4/5/2018 310 EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. NSO4.5 Payment Request No. - . Request Grantee: (Noate R Mailing Address) Grantee's Grant'Manager Task No(s)., Task Amounts) Requested: GRANT EXPENDITURES SUMMARY SECTION GRANTEE CERTIFICATION Complete.Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No. NSO45 Exhibit C, Page l of 6 311 PREVIOUS TOTAL MATCHINGTOTAL AMOUNT OF THIS CUMULATIVE REQUEST PAYMENT PAYMENT FUNDS FOR THIS CUMULATIVE CATEGORY OF EXPENDITURE REQUESTS REQUESTS REQUEST. MATCHING FUNDS As authoriwd) Salaries/Wages 5 -. S - S - S - $ Fringe Benefits S - S S - S - 5 Indirect Cost S S - S - $ - S - Contractual (Subcontractors) S S - S - S -$ Travel S -. S - S - S - S - Equipment (Direct Purchases) S - $ - S - $ - $ RentaVLcase of Equipment S - S - $ S S Miscellaneous/Other Expenses S - $ - S - $ - $ Land Acquisition S - $ - S - S $ - TOTAL AMOUNI S $ S $ $ TOTALBUDG TASKS) S $. (ALL LESS TOTAL CUMULATIVE PAYMENT S REQUESTS OF: $ TOTAL REMAINING (ALLTASKS) $ S GRANTEE CERTIFICATION Complete.Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No. NSO45 Exhibit C, Page l of 6 311 Grantee's Certification of Payment Request 1, on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) do hereby certify for (Print name of Grantee) DEP Agreement No. I and Payment Request No. that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices orother appropriate documentation as required in the Agreement.. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number DEP Agreement No. NSO45 Exhibit.C, Page 2 of 6 Telephone ]Number 312 Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF TIME PROJECT I, , being the Professional Engineer retained by (name of Professional Engineer) ,. am responsible for overseeing construction of the project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction, which is underway, have been obtained. 2. Payment is in accordance with construction contract provisions. 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. (Date) DEP Agreement No. NS045 Exhibit, C. Page 3 of 6 Signature of Professional Engineer Firm or Affiliation . (P.E. Number) 313 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER: Number of payment request REQUEST DATE: Date regeust is submitted GRANTEE: Enter the name of the grantee's agency. MAI LING ADDRESS: Enter the address that you want the state warrant sent. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. TASK NO.: This is the number of the task that you are requesting payment for and/or claiming match for (must agree with the current Grant TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGET AMOUNT" line for the "AMOUNT OF THIS REQUEST" column. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in. a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET (ALL TASKS)" line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAI'MENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS)" for the amount to enter on the "TOTAL REMAINING (ALL TASKS)" line. "PREVIOUS PAYMENT REQUESTS" COLUMN: Enter the total cumulative amount that has been paid in previous requests. Do not include the current reqeusted amount in this total. Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL TASKS)" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS)" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of al on the line titled "TOTAL PAYAIENT REQUEST." The final request should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. ENGINEER'S CERTIFICATION: Must be signed by Professional Engineer when Construction is being reqeusted for reimbursement. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No. NSO45 Exhibit C, Page 4 of 6 314 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYNIENT— PART 11 REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.: Name Deliverable Invoice Invoice Amount Local Share or Other Task[ Number invoice Date (�) Funding or Amount Requested Amount (3) Check Number Number(4)4) Not Requested (2) $ - $ - $ $ - $ $ - Totals: $ - $ - DEP Agreement No. NSO45 Exhibit C, Page 5 of 6 315 Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. I Invoice Amount: Amount of Invoice being submitted for reimbursement. Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee,that is not 2 being requested for reimbursement by this grant Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for. each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under (2). Submittal Instructions Instructions for E -mailing: The program now accepts reimbursement requests electronically. When scanning please be sure that the minimum scan resolution must be 300 DPI .(dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. Remit Payment Request by E-mail to the Department's Grant Manager. Be sure the E-mail payment request includes the following: Subject: Project Number Disbursement Number: example — LP14025_Disb I Attachments: I) Exhibit C Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Proof of payment (copies of canceled checks, front and back or EFT verification) 5) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact the Department's Grant Manager. DEP Agreement No. NSO45 Exhibit C, Page 6 of 6 316 GRANT NAME: West Wabasso Phase II Septic to Sewer GRANT # AMOUNT OF GRANT: S450.000.00 DEPARTMENT RECEIVING GRANT: Department of Utility Services NSO45 CONTACT PERSON: _Chris Williams (FDEP) /&juna Weragoda (IRC) TELEPHONE: 850-245-2948 1. How long is the grant for? 2 -years, expiration 2/28/20 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant IRC Pledged up to 59% 5. Grant match amount required $ TRC PletigPj „p to $],470.00 Starting Date: Upon execution 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? SJRWMD Cost Share (33%). IRLNEP (8%) Yes X No Yes __X___No Yes No 7. Does the grant cover capital costs or start-up costs? A portion of the Capital Cost Yes 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? If yes, please list. (If additional space is needed, please attach a schedule.) Yes __2L_No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: 9/4/2018 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ is $ $ Signature of Preparer: Date: 9/4/2018 CONSENT AGENDA g INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 30, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Jennifer Hyde, Purchasing Manager SUBJECT: ' Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will either be sold by online auction or held in storage for a future live auction. The funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 091118 Agenda as surplus, and authorize their sale and/or disposal, as indicated. ATTACHMENT: Excess Equipment List for 091118 Agenda 318 Dept # Asset Fleet Description VIN/Serial Working y/n 245 13819 & 13890 10" dies for die cutter, 10" UCL (A -Z Die Set Y 106 25994 Dell Latitude E5510 64CV2N1 N 206 19486 Toshiba Copier N 212 21198 Toshiba E -Studio 20S Black & White Copier CKF213644 Y 218 21272 Hach DR2500 Spectrophotometer 30200004785 N 241 22558 Projector from Chambers Y 241 22273A Internal Modem Card Y 241 22273B Internal Modem Card Y 241 Dell Precision 690 Work Station 69RPNC1 N 268 11381 6" CHE Gas Pump P-17518099R20TR N 268 11422 6" CHE Gas Pump P-17618098R20TR N 268 27676 Dell Latitude E6540 47JL12 Y 268 28395 Dell Latitude E6540 349NJ72 Y 269 27075 Mikasa MTX -60 Tamper Y3489 N 471 21246 CL17 Chlorine Analyzer N 471 21971 Ice-O-matic ice machine N 471 25731 IDell Latitude E6500 28LGPM1 N 471 28393 Dell Latitude E6540 1XXMJ72 N 471 28394 Dell Latitude E6540 169NJ72 N 204 177090, 171100, 177110, 177120, 177130 Ge Marc V MDX Base Radio & 4 GE pcs Handheld Radios & Charging bases and 1 extra charging base 1655172, 9167390, 9167643, 9167392, 9168094 y 214 190720 244 2000 720A Volvo Grader X030931X N 220 131020 Turquoise Patio Table with 4 chairs attached N 248 25128 212 GMC 31' Glaval 25128B Monitor, 25128E transmission 1GDE5V1919F402925 N 471 22116 Mobile Ericsson EDACS Radio 1418960 N 241 24180 24 Port NetGear Switch 1CV26C3K000D9 N 120 24776 Battery Back up for 911 System N 120 24752 Misc Capitalized DC Capacitor N 120 26300 Misc Capitalized- Higher Ground PSAP Rec N 120 26301 Misc Capitalized- Higher Ground PSAP Rec N 120 26302 Misc Capitalized- Higher Ground PSAP Rec N 120 26303 1 Misc Capitalized- Higher Ground PSAP Recorder N 245 146650 2160 Dual Trace Oscilloscope Y 245 118690 20k-18 Concrete Saw W/HYD Lift MCS20K N 245 24994 Heavy Duty Parking Lot Stripper W/7 Gal 8648 N 241 APC SmartUPS5000 PH-OT0074-18740-73Q-0192 N 217 135490 & 208281 12,000 Ib Transport Trailer w/ Generator JRSSC010212KIR1484 REF WAR# 127824, # 123 y 400 25043 Manatron Windows Server G2PWSF1 N 319 Dept# Asset Fleet Description VIN/Serial Working y/n 400 25045 Oracle Software N 400 24715 Manatron Tax Software N 400 22941 Dell Poweredge 2850 Server 51.12W71 N 400 22941A MS SQL Software & License N 400 22943 Arc Serve Backup Software N 400 NA [pad 4th gen A1459 Y 400 NA Ipad 4th gen Zagg Case YW2-ZKPR102 0331W Y 400 NA HP all in one printer C7100 Y 400 NA (2) Targus Laptop Bags TCT011-10 Y 400 NA Targus Laptop Bag TR70140 Y 400 NA HP ink Cartridges 02 BLACK Y 400 NA HP ink Cartridges 02 MULTICOLOR Y 400 NA 22 Dell Monitors P190ST Y 400 24963 Hp Laserjet Printer 4250 CNRXL65977 N 400 NA DVD Player DVB412 Y 400 1591110 IBM 4.5 GB Hard Drives / Risc Box NA N 221 26658/ 26658A Manitowoc SFA 2914501b Ice Machine N 221 186140 Toro Spiker Attachment Y 221 26668 3 gang range ball picker Y 220 20914 Computer Equipment Dell CS1883 Y 221 400 Rainbird Sprinkler heads, Model 900/9505 21 Rainbird Control Boxes y 471 23531A 816 2006 Ford F150 Pick-up Truck 1FTRF12W96KD98934 N 320 Dept # Asset Fleet Description VIN/Serial Working y/n 241 27795 Dell Optiplex 7020 40HW942 N 500 24385 HP DesignjetT1100pS N 300 24482 Dell inspiron 1501 Laptop N 300 24485 Dell inspiron 1501 Laptop N 300 24665 Dell inspiron 1501 Laptop N 300 24666 Dell inspiron 1501 Laptop N 300 24667 Dell inspiron 1501 Laptop N 300 24669 Dell inspiron 1501 Laptop N 300 22954 Dell Latitude D510 Laptop N 300 Apple iPad DR5HJ47LDFHW N 300 Apple iPad DR6HJ09KDFHW N 300 jApple iPad DR5HJZF3DFHW N 300 Apple iPad DR5HL19GDFHW N 300 HP 1200 Laserjet USPG046481 N 300 HP 1320 LaserJet CNFC54M1WL N 300 HP 2015 LaserJet CN1311)28636 N 300 HP 2015 LaserJet CNB1P28663 N 300 HP 2015 LaserJet CNB1P72723 N 300 HP 2015 LaserJet CNBJL08747 N 300 HP 2015 LaserJet CNBJL08748 N 300 HP 2015 LaserJet CNBJP74977 N 300 HP 2100 LaserJet 19221 N 300 22177 HP LaserJet 4200 TN N 300 HP P2035N LaserJet CNB9T47942 N 300 Lexmark E321 88074GG N 300 HP 2015 LaserJet CNBJL08753 N 300 HP DeskJet 5740 MY4A01W2FW N 300 HP DeskJet 6980 MY75Q9R04R N 300 21166 Dell Powervault Y 300 22882 Fujitsu Scanners F14120C2 Y 300 22884 Fujitsu Scanners F14120C2 Y 300 22877 Fujitsu Scanners F14530C Y 300 Fujitsu Scanners F14530C 100825 Y 300 Fujitsu Scanners F15120C 24212 Y 300 24118 Fu'isan Scanners F15530C Y 300 24119 1 Fuji's Scanners F15530C Y 300 25966 Fujitsu Scanners F15530C2 Y 106 25998 Dell Latitude e5510 Laptop F4CV2N1 N 106 25996 Dell Latitude E5510 Laptop 84CV2N1 N 106 25993 Dell Latitude E5510 Laptop 94CV2N1 N 106 Dell Optiplex 780 1WVW9P1 N 106 Dell Optiplex 780 1WW3BP1 N 106 Dell Optiplex 780 1WW4BP1 N 106 Dell Optiplex 780 1WW5BP1 N 106 Dell Optiplex 780 1WW9BP1 N 106 Dell Optiplex 780 260MFQ1 N 106 Dell Optiplex 780 DSHFJQI N 106 Dell Optiplex 780 DSHGJQI N 106 Dell Optiplex 780 DSJDJQI N 106 Dell Optiplex 780 D5JFJQ3 N 106 Dell Optiplex 780 D5KDJQ3 N 106 Dell Optiplex 780 D5KGJQ1 N 106 Dell Optiplex 780 DSLDJQI N 106 Dell Optiplex 780 D5MDJQ1 N 106 Dell Optiplex 780 DSMGJQI N 106 Dell Optiplex 780 DSNDJQI N 106 Dell Optiplex 780 DSNGJQI N 106 Dell Optiplex 780 DSPDJQI 2b., N Dept # Asset Fleet Description VIN/Serial Working y/n 106 Dell Optiplex 780 D5PFJQ1 N 106 Dell Optiplex 780 D5QDJQ1 N 106 Dell Optiplex 780 D5RDJQ1 N 106 Dell Optiplex 780 D5RFJQ1 N 106 Dell Optiplex 780 D5RGJQ1 N 106 Dell Optiplex 780 HS3BGQ1 N 106 Dell Optiplex 780 HS3CGQ1 N 106 Dell Optiplex 780 HS46GQ1 N 106 Dell Optiplex 780 HS47GQ1 N 106 Dell Optiplex 780 HS48GQ1 N 106 Dell Optiplex 780 HS49GQ1 N 106 Dell Optiplex 780 HS4BGQ1 N 106 Dell Optiplex 780 HS4CGQ1 N 106 Dell Optiplex 780 HS5BGQ1 N 106 Dell Optiplex 780 HS5CGQ1 N 106 Dell Optiplex 780 HS66GQ1 N 106 Dell Optiplex 780 HS67GQ1 N 106 Dell Optiplex 780 HS69GQ1 N 106 Dell Optiplex 780 HS76GQ1 N 106 Dell Optiplex 780 HS77GQ1 N 106 Dell Optiplex 780 H579GQ1 N 106 Dell Optiplex 780 HS7BGQ1 N 106 Dell Optiplex 780 HS87GQ1 N 106 HP P2035N LaserJet VNB3G33352 Y 106 Dell Optiplex 360 71-1164J1 N 106 Dell Optiplex 360 H97Y5J1 N 120 (18) CPAP N 120 196150 Old Ventilators N 120 196160 Old Ventilators N 120 196170 Old Ventilators N 120 196190 Old Ventilators N 120 196180 Old Ventilators N 120 19564 Old Ventilators N 120 196210 Old Ventilators N 120 196220 Old Ventilators N 120 21345 Night Vision Binoculars N 120 17945A Old Radios N 120 17955A Old Radios N 120 17950A Old Radios N 120 17952A Old Radios N 120 17951A 1 Old Radios N 120 17943A Old Radios N 120 17942A Old Radios N 120 21149A Old Radios N 120 17948A lold Radios N 120 180090 Old Radios N 120 22568A Old Radios N 120 17954A Old Radios N 120 19747A Old Radios N 120 17953A Old Radios N 120 17990 Old Radios Boxed separately N 120 179890 Old Radios Boxed separately N 120 192230 Old Radios Boxed separately N 120 181730 Old Radios Boxed separately N 120 18177 Old Radios Boxed separately N 120 181720 Old Radios Boxed separately N 120 181770 Old Radios Boxed separately N 120 113160 EDACS Paging Translator Cabinet N 120 21835 Dell Latitude D600 Laptop N 120 26095 Tricaster Studio Unit TC350 BN11140236 Y Dept # Asset Fleet Description VIN/Serial Working y/n 120 24684 MAV AV Matrix Switch A03G9B4E18201D03449B Y 120 26096 Live Control LC -11 HlAF11479131014 Y 120 Crestron Touchpanel TPS -12B N14176 6003512 and/or 2626133 Y 120 Sympodium Smart Board ID350 6LFP00336 Y 120 Garmin GPS 45 34701081 Y 120 Canon Portable Printer K10156 SBV39990 Y 120 Pentax Camera Y 120 Laptop Cases Y 120 Various Desk Items Y 244 27747 HP Probook 45405 Laptop N #1) Mackie 1604-VLZPRO 160 Channel Mic/Line Mixer WJ-MX50A Digital Video 208191960 S/N (21)BW41558 #2) Genter DH20CY Bergate P/N 910-012-101 S/N 2263 070018269 #3) Rane Headphone Console HC6 S/N (21) 00296072 #4) Aphex Compeller Model 320A S/N AX320A06820 #5) TFT Eas930A Receiver S/N 10103013 #6) Tripp -Lite Powertap Model -RS -1215 #7) RCA STA - 3850 AM/FM Stereo Receiver S/N ICO?00694 #8) ETA Power System Model PD8 S/N 12873 #9) TFT Encoder /Decoder EAS 911 S/N 10304280114 #10 & #11) JVC AC Adapters Model AA-P700U S/N 068E3359 & S/N 068E3360 #12) JVC Remote Control Unit Model RM LP55U S/N 09953720 #13) JVC Pan Tilt Controller Model 180 #14) Zephyr Telos Digital Network Audio Transceiver S/N 9200FHJ6289 120 19200 #15) UPS R3A031 Model SUA1OORM2U S/N AS0938242272 #16) Y Shure Power Supply PSI S/N 83140026 #17) Extron VSC 700 Video Scan Converter S/N A0021R46E17704W01325299-40 #18) Inline Video Scaler Model IN 1402 S/N A02HS49EI6292W01090718-11 #19) Panasonic 5" Triple B/W Monitors S/N 02WI0934, 02W10935, & 02WI0936 #20) Sabine Dual Feedback Exterminator Model FBX2400 S/N FBX2406533X #21) Crestron TV Tuners w/ Power Supply QTY 5 in one unit S/N 2532778, 2532736, 2532764, 2685781, & 2607851 #22) RGB Quadview XL Model QVXL4/0/2 S/N 773486 #23) RGB Spectrum 4 view XL Model 250 S/N 91395 #24) ClearOne PSR1212 Sound Board S/N 1530-0707 #25) Crestron AV Control Processor AV2 S/N 6001376 and/or 2552560 #26) Extron Crosspoint Series Switcher 1616HVA S/N 855249008E14946 245 NA iPhone 5S DNPPX09LFF9V Y 245 21853 Dell D600 Latitude Laptop CS 2075 N 245 3961 Die Cutter Machine and Dies 2-12-18-984 Y 245 21276 Apollo II Thermoplastic Applicator 32010312 N 245 209770 IThermoplastic Applicator 720041009 N 118 NA Ativa Paper Shredder DQ61M021007 N 118 na HP Office Jet Pro 8500A CN14NBKONB Y 268 22656 869 Ford F350 with Pipe Rack 1FDWF36P55ED06678 Y 269 22058 673 2004 F350 Service Truck 1FDWF36P84EC5976 Y 269 22101 681 2004 F350 Service Truck 1FDWF36P64EC56789 Y 202240 & 269 394 2002 F350 Service Truck & 21924 Lift Gate 1FDWF36F22EB70223 Y 21924 20234, 202330, F350 Service Truck with 202330 Crane, 202341 Boom Mount, 21925 269 202341, 399 Lift gate IFDWE36F82EB56058 y 21295 120 (2) A/C Units (2) Air Handlers N 108 144790 1993 Wells Cargo Concession Wagon 1WC200G2XP3025252 N 108 198880 Ebacs 800MHZ Portable Radio 721998 N 108 17930A GE Prism Handheld Radio 000043M N 234 23458 Optiplex 745 8GJW8C1 CS#2415 Y J I" Y Dept # Asset Fleet Description VIN/Serial Working y/n 234 23324 Dell Optiplex 170L D755C91 y 234 NEC White Desktop Tower 642016 y 234 White Tower w/ Black Dell Printer 14313740JK / 761BN71 N .217 28207 Television /Video Scalehouse CCN Camera System I I y 324 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: August 30, 2018 SUBJECT: Approval of Blue Medicare Advantage Renewal MY4-1 BACKGROUND: Under, Florida Statute, retirees of the County are eligible to continue health insurance under the County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain age 65 are provided the option to enroll in the Blue Medicare Advantage Plan. The Board of County Commissioners approved the current Blue Medicare Group PPO 2 RX 1 plan at its July 18, 2017 meeting at a monthly premium of $363.97. Two retirees are insured under this plan. The County provides a health insurance subsidy of 54% for one retiree and 60% to the other retiree at an annual cost of $4,979.11 per year. Staff received a renewal evaluation for the plan year beginning October 1, 2018, reflecting a significant decrease in the monthly premium from $363.97 to $316.55. Additional plan options were also provided, however, they were either an increase in monthly premium for an increased benefit or a decreased benefit with an even greater reduction in premium... In order to provide the same level of benefits to covered retirees that results in a premium savings to both the retirees and the County, staff is recommending renewal of the current plan at a monthly premium of $316.55. The retirees' share of the monthly premium would be reduced from $167.43 to $145.61 and $145.59 to $126.62 respectively and maintain current benefit levels. The County's cost would reduce from $4,979.11 to $4,330.40 annually — a savings of 13.03%. FINANCIAL IMPACT: A breakdown of the financial impact of the renewal proposal is listed below: PP02Rx1 MAP Plan Monthly Premium Annual MAP Premium Annual Retiree Premium Annual IRC Subsidy Current $363.97 $8,735.28 $3,756.17 $4,979.11 Renewal $316.55 $7,597.20 $3,266.80 $4,330.40 $ Change ($47.42) ($1,138.08) ($489.37) ($648.71) % Change -13.03% -13.03% -13.03% -13.03% 325 This expense is funded from the OPEB Trust fund. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the renewal of the current Blue Medicare PPO 2 RX 1 plan effective October 1, 2018 through September 30, 2019 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree Medicare Advantage Renewal Evaluation effective October 1, 2018 326 FileX- &B&W In the pursuit of health' Indian River County BOCC #90000 2018 BlueMedicare Group PPO (Employer PPO) Health Benefits GroupBenefits BluoMedicare Plan 2 Premium (per member, per month) $316.55 for PP02Rx1 Annual Deductible $0 In -Network / $2,000 Out -of -Network Out -of Pocket Maximum (based on plan $2,000 In -Network / $4,000 Out -of -Network year) In -Network out-of-pocket maximum accumulates 1 toward Out -of -Network out-of-pocket maximum Phys,ician Office Primary Care (per visit) In -Network $35 Copayment Out -of -Network Deductible & 40% Coinsurance Specialist Care (per visit) In -Network $50 Copayment Out -of -Network Deductible & 40% Coinsurance Convenient Care Center In -Network / Out -of -Network $50 Copayment Podiatry Services (per visit) in -Network $50 Copayment (routine foot care up to 6 visits per year) Out -of -Network Deductible & 40% Coinsurance In -Network $20 Copayment Chiropractic Services (per visit) For each Medicare -covered visit (manual Out -of -Network Deductible & 40% Coinsurance manipulation of the spine to correct subluxation) Outpatient Mental Health Care (per visit) In -Network $40 Copayment For individual or group therapy E Out -of -Network Deductible & 40% Coinsurance (including partial hospitalization) Outpatient Substance Abuse Care (per visit) In -Network $40 Copayment Out -of -Network Deductible & 40% Coinsurance Part B drugs (including chemotherapy) In -Network 20% coinsurance Out -of -Network Deductible & 40% Coinsurance Allergy Injections In -Network $10 Copayment Out -of -Network Deductible & 40% Coinsurance Y0011 33939 0817 EGWP C: 09/2017 327 fitter smWo Outpatient Surgery Diagnostic Tests, X -Rays Office IDTF I' Outpatient Hospital Lab Services Independent Clinical Lab i Outpatient Hospital All Locations - In -Network • $250 Copayment for each outpatient hospital facility visit • $175 Copayment for each visit to an ambulatory surgical center Out -of -Network Deductible & 40% Coinsurance In -Network / Out -of -Network • $0 Copayment for physician services In -Network • PCP $35 Copayment • Specialist $50 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network $100 Copayment { Out -of -Network Deductible & 40% Coinsurance In -Network $250 Copayment Out -of -Network Deductible & 40% Coinsurance i In -Network $0 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network $30 Copayment Out -of -Network Deductible & 40% Coinsurance Advanced Imaging (MRI, MRA, .CT Scan, i PET Scan and Nuclear Medicine): Office = In -Network $175 Copayment Out -of -Network Deductible & 40% Coinsurance k i IDTF In -Network $175 Copayment Out -of -Network Deductible & 40% Coinsurance Outpatient Hospital i In -Network $250 Copayment Out -of -Network Deductible & 40% Coinsurance Y0011_33939 0817 EGWP C: 09/2017 2 328 Outpatient Hospital Services (per visit): Occupational Therapy, Physical Therapy, Speech & Language Therapy, Cardiac Rehab (including intensive cardiac rehab) Pulmonary Rehab Radiation Therapy Dialysis Lab Only 3 All Other Diagnostic Tests, X -Rays, Advanced Imaging, etc. Urgently Needed Care (This is not emergency care, and in most cases is out -of -the -service area.) Emergency Services (including Worldwide Coverage) In -Network $40 Copayment Out -of -Network Deductible & 40% Coinsurance $1,980 Physical and Speech Therapy Annual Benefit Maximum. This limit is for 2017 and subject to change by Medicare in 2018. $1,980 Occupational Therapy Annual Benefit Maximum. This limit is for 2017 and subject to change by Medicare in 2018. In -Network $30 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network $50 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network / Out -of -Network 20% Coinsurance In -Network $30 Copayment Out -of -Network Deductible & 40% Coinsurance i In -Network $250 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network / Out -of -Network $50 Copayment In -Network / Out -of -Network $75 Copayment Dental, Hearing and Vision (Medicare- f In -Network $50 Copayment Covered) Out -of -Network Deductible & 40% Coinsurance f Home Health i Ambulance Y0011 33939 0817 EGWP C: 09/2017 In -Network / Out -of -Network $0 Copayment In -Network / Out -of -Network $150 Copayment for Medicare -covered ambulance services 3 329 ' ` e Durable Medical Equipment/Diabetic Supplies t Diabetic Supplies (glucose meters, test In -Network $0 Copayment strips and lancets) Out -of -Network Deductible & 40% Coinsurance Note: needles, syringes and insulin for self- j I injection are covered under your Part D benefit i Equipment: Plan -Approved Electric Customized Wheelchairs, Electric Scooters All Other Medicare -Covered Durable Medical Equipment Prosthetic Devices Outpatient Rehabilitation Occupational Therapy, Physical Therapy, Speech & Language Therapy, Cardiac Rehab (including intensive cardiac rehab) x Office or Freestanding Facility Services Outpatient Hospital Services I Pulmonary Rehab Dialysis thpitlent Cato - - Inpatient Hospital Care (including substance abuse treatment) Y0011 33939 0817 EGWP C: 09/2017 In -Network 20% Coinsurance Out -of -Network Deductible & 40% Coinsurance I In -Network $0 Copayment Out -of -Network Deductible & 40% Coinsurance In -Network $0 Copayment for Medicare -covered items Out -of -Network Deductible & 40% Coinsurance $1,980 Physical and Speech Thera Annual Benefit Y p Therapy Maximum. This limit is for 2017 and subject to change by Medicare in 2018. $1,980 Occupational Therapy Annual Benefit Maximum. This limit is for 2017 and subject to change by Medicare in 2018. In -Network $40 Copayment for each visit Out -of -Network Deductible & 40% Coinsurance i; In -Network $40 Copayment for each visit ! Out -of -Network Deductible & 40% Coinsurance In -Network $30 Copayment for each visit Out -of -Network Deductible & 40% Coinsurance In-Network/Out-of-Network 20% Coinsurance i In -Network i $250 Copayment each day for day(s) 1-7 for a Medicare -covered stay in a network hospital ' • After the 7th day, the plan pays 100% of ( covered expenses per stay o i Out -of -Network Deductible & 40 /o Coinsurance 4 330 i Inpatient Mental Health Care 1 In-Network • $250 Copayment each day for day(s) 1-7 for a Medicare-covered stay in a network II hospital i • $0 Copayment each day for day(s) 8-90 for a i Medicare-covered stay in a network hospital " 190-day lifetime limit in a psychiatric hospital Out-of-Network Deductible & 40% Coinsurance Skilled Nursing Facility } In-Network (in aMedicare-certified skilled nursing $0 Copayment each day for days 1-20 per facility) benefit period • $100 Copayment each day for days 21-100 per benefit period There is a limit of 100 days for each benefit period 3 -day prior hospital stay is not required {i Out -of -Network Deductible & 40% Coinsurance Hospice Member must receive care from a Medicare -certified hospice Preveolavi - Annual Screening Mammograms In -Network $0 Copayment for Medicare -covered (for women with Medicare, age 40 and older) screening mammograms Out -of -Network 40% Coinsurance Pap Smears and Pelvic Exams " In -Network F (for women with Medicare)i • $4 Copayment per pap smear • $0 Copayment per pelvic exam Out -of -Network 40% Coinsurance i Bone Mass Measurement In -Network $0 Copayment for each Medicare - (for people with Medicare who are at risk) covered bone mass measurement Out -of -Network 40% Coinsurance Colorectal Screening Exams In -Network $0 Copayment for Medicare -covered (for people with Medicare age 50 and older) colorectal screening exams Out -of -Network 40% Coinsurance I Prostate Cancer Screening Exams In -Network $0 Copayment for Medicare -covered {for men with Medicare age 50 and older} prostate cancer screening exams Out -of -Network 40% Coinsurance 1 Y0011_33939 0817 EGWP C: 09/2017 5 331 Vaccines (Medicare -covered) In -Network • $0 Copayment for influenza vaccine Fitness • $0 Copayment for pneumococcal vaccine • $0 Copayment for hepatitis B vaccine Out -of -Network 40% Coinsurance Free membership through SilverSneakers BlueMedicare Group PPO out-of-pocket maximum includes all covered health services member cost share rendered in/out of network on a Plan Year basis. Supplemental services and Part D costs are not applied to out-of-pocket maximum. Medicare Part B - the premium provided under this plan excludes the Medicare Part B premium payments. (Members must continue to pay the Medicare Part B premium unless paid by Medicaid or another third party.) Florida Blue is a PPO Plan with a Medicare contract. Enrollment in Florida Blue depends on contract renewal. Y0011_33939 0817 EGWP C: 09/2017 6 332 Brie In the pursuit of health' Indian River County BOCC #90000 2018 B1ueMedicare Group Rx (Employer PDP) Premium Annual Deductible Retail Tier 1 - Preferred Generics Tier 2 - Generics Included in PP02Rx1 $0 31 -day Supply $10 Copayment $10 Copayment Tier 3 - Preferred Brand $40 Copayment Tier 4 - Non -Preferred Brand $70 Copayment Tier 5 - Specialty Drugs 25% Coinsurance Mail Order --1 - I ---- -- 90 -day Supply with Mail Order Tier 1 -Preferred Generics — $0 Copayment Tier 2 - Generics - -' I $0 Copayment Tier 3 - Preferred Brand i $80 Copayment Tier 4 - Non -Preferred Brand ' $140 Copayment Tier 5 - Specialty Drugs ; 25% Coinsurance (31 -day supply only) r Gap .... -- -- - - ---------- — - ' 1 -day Supply Tier 1 - Preferred Generics $10 Copayment Tier 2 - Generics , $10 Copayment Tier 3 - Preferred Brand 1: $40 Copayment Tier 4 - Non -Preferred Brand $70 Copayment Tier 5 - Specialty Drugs 25% Coinsurance Catastrophic i $3.35 Copayment for generic drugs $8.35 Copayment for brand drugs Florida Blue is an Rx (PDP) Plan with a Medicare contract. Enrollment in Florida Blue depends on contract renewal. Prescription drug copayments do not accumulate towards the health Plan Year out-of-pocket maximum. Part D Creditable Coverage - The enrolling member may incur Part D late enrollment penalties as defined and set by CMS in accordance with Part D guidelines if prior creditable coverage cannot be proven. Y0011_33942 0817 EGWP C: 09/2017 333 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll 47 _ Human Resources Director DATE: September 4, 2018 SUBJECT: Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policy BACKGROUND: The County is self-insured in its Group Medical Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current excess loss/reinsurance policy is with Florida Blue and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $148,750. The current annual premium for this policy is $498,995. Currently, the medical plan has five (5) ongoing high cost claims that are estimated to have an impact on the plan of $395K - $1.15M for 2018-2019. Lockton Companies marketed the stop loss and received 4 quotes, with 7 firms declining to quote due to being uncompetitive. Various renewal options from Florida Blue were considered that included retaining/ increasing/decreasing the individual and aggregate deductibles (attached). ANALYSIS: Six renewal options were reviewed by our broker/consultant Lockton Companies using a Monte Carlo Modeler analysis to evaluate risk (attached). Two of the six renewal proposals would result in an annual fixed premium savings; however, it would require increasing our specific deductible from $300,000 to $350,000 (Option 1) and one would also include increasing the aggregating specific deductible from $148,750 to $200,000 (Option 5). Lockton's analysis reflects the premium savings would not outweigh the increase in the deductibles based on projected claims experience. After analysis of the proposal and the projected claims experience, Lockton is recommending we renew with the current specific deductible of $300,000 and reduce the aggregate specific deductible from $148,750 to $100,000 as proposed in Option 2. The premium for this policy is $625,615 annually and is $38K more than renewing at current deductible levels ($587,215) and provides a lower aggregate specific deductible of $100,000. 334 FUNDING Funding for the annual stop loss insurance premiums of $625,615 are included in the health insurance fund. The increased cost is estimated to be $126,615 based on current enrollment. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve Renewal Option 2 with Florida Blue for the County's excess loss/reinsurance policy for plan year 2018/2019 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal 2018/19 Lockton Companies Monte Carlo Modeler 335 An Independent Licensee of the Blue Cross and Blue Shield Association Sales Representative: Broker: TPA: Provider Network(s): Utilization Review Vendor(s): George Eppl Lockton Companies LLC Florida Blue Florida Blue Florida Blue STOP LOSS PROPOSAL FOR Indian River County Board of County Comm Effective Date: 10/01/2018 Through Date: 09/30/2019 Specific Deductible (per Covered Individual) $300,000 $300,000 $350,000 $300,000 Policy Year Maximum Specific Benefit Inforce Unlimited Unlimited Unlimited Lifetime Maximum Specific Benefit i Inforce 1 Unlimited Unlimited Unlimited Covered Benefits i Med, Rx Card Med, Rx Card Med, Rx Card Med, Rx Card Specific Premium Covered Benefits Policy Year Maximum Composite Rate Total Lives . 1,641 1,641 } $23.87 I $28.19 $22.81 $30.14 Estimated Contract Specific Premium Contract Aggregating Specific Loss Fund i $470,048 $148,750 $555,117 $148,750 $449,175 $148,750 $593,517 1 $100,000 J Contract Basis Commission 48/12 0.00% 60/12 0.00% 60/12 0.00% 60/12 l 0.00% Aggregate: Covered Benefits Policy Year Maximum i Med, Rx Card ! $1,000,000 Med, Rx Card $1,000,000 Med, Rx Card $1,000,000 Med, Rx Card $1,000,000 Aggregate Factors Composite Med & Rx Card Factor 1,641 �` $1,082.41 $1,165.75 $1,172.74 $1,165.75 Estimated Contract Attachment Point 1,641 E $21,314,818 $22,955,949 $23,093,596 $22,955,949 f Estimated Contract Minimum Attachment Point (100%) f $21,314,818 $22,955,949 $23,093,596 $22,955,949 Aggregate Corridor Contract Basis 125% ! 48/12 125% 60/12 125% 60/12 125% 60/12 P%!j!j1UUdLC r1C1111u111 i Composite Rate 1,641 $1.47 $1.63 $1.68 $1.63 Estimated Contract Aggregate Premium 1,641 $28,947 $32,098 $33,083 $32,098 Commission 0.00% 0.00% 0.00% 0.00% Total Combined Estimated Contract Premium $498,995 $587,215 $482,257 $625,615 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: 33 Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 Page 1 of 6 FCr�rc B& (e An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of.County Comm PROPOSAL NOTES • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. • The Estimated Contract Attachment Point includes the Aggregate Corridor level as shown. To determine Estimated Expected Claims, you may divide the Attachment Point or Attachment factors by the corridor level. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying ,plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. • The Specific rates are guaranteed not to increase by more than 50% at the next renewal. The second year rate can be adjusted if changes result in the following: underlying plan document, our stop loss contract provisions, PPO Network or Claim Administrator. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 09/14/2018 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Title: Accepted on the day of , 20 Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 33 Page 2 of 6 F&W4& B&ee 0. d An Independent Licensee of the Blue Cross and Blue Shield Association Sales Representative: George Eppl Broker: Lockton Companies LLC TPA: Florida Blue Provider Network(s): Florida Blue Utilization Review Vendor(s): Florida Blue STOP LOSS PROPOSAL FOR Indian River County Board of County Comm Effective Date: 10/01/2018 Through Date: 09/30/2019 Specific Deductible (per Covered Individual) i $350,000 $300,000 $350,000 Policy Year Maximum Specific Benefit Unlimited Unlimited Unlimited Lifetime Maximum Specific Benefit Unlimited Unlimited Unlimited i Covered Benefits Med, Rx Card Med, Rx Card Med, Rx Card Specific Premium $22,955,949 $23,093,596 1 Aggregate Corridor Contract Basis Composite Rate 1,641 $24.31 $26.44 $21.26 Total Lives 1,641 Estimated Contract Specific Premium $478,713 $520,656 $418,652 Contract Aggregating Specific Loss Fund i $100,000 $200,000 $200,000 '. Contract Basis 1 60/12 60/12 60/12 ' Commission 0.00% 0.00% 0.00% Covered Benefits Med, Rx Card Med, Rx Card Med, Rx Card Policy Year Maximum $1,000,000 $1,000,000 $1,000,000 Aggregate Factors J Composite Med & Rx Card Factor 1,641 $1,172.74 $1,165.75 $1,172.74 Estimated Contract Attachment Point 1,641 i $23,093,596 $22,955,949 $23,093,596 Estimated Contract Minimum Attachment Point (100%) $23,093,596 $22,955,949 $23,093,596 1 Aggregate Corridor Contract Basis 125% j 60/12 125% 60/12 125% 60/12 Aggregate Premium Composite Rate Estimated Contract Aggregate Premium Commission 1,641 1,641 $1.68 $33,083 0.00% . $1.63 $32,098 0.00% $1.68 $33,083 0.00% Total Combined Estimated Contract Premium $511,795 $552,754 $451,734 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: 33 Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 8age 3 of 6 F&P4& Is&M eq. An Independent Licensee of the Blue Cross and Blue Shield Association PROPOSAL NOTES (For Option 3 - 5) STOP LOSS PROPOSAL FOR Indian River County Board of County Comm • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. • The Estimated Contract Attachment Point includes the Aggregate Corridor level as shown. To determine Estimated Expected Claims, you may divide the Attachment Point or Attachment factors by the corridor level. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. • The Specific rates are guaranteed not to increase by more than 50% at the next renewal. The second year rate can be adjusted if changes result in the following: underlying plan document, our stop loss contract provisions, PPO Network or Claim Administrator. PROPOSAL ACCEPTANCE Leave of Absence (LOA) Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days, but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document, the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial. Upon exhaustion of LOA benefits as described above, to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra" section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 09/14/2018 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement.within the same period will. result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Accepted on the day of , 20 Title: Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 33 ?age 4 of 6 F&ft & Blue :•,. d An Independent Licensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm initials: date: BASIS OF OFFER Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates, or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s) and the Utilization Review Vendor(s) listed on this proposal. • This proposal assumes a minimum participation level of 75% applies for all eligible enrollees under a contributory plan, and 100% under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre -certification, utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s) provided and approved by Florida Blue, employee and dependent census data, plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved, the rates and factors will be modified, and the specific and aggregate claims will be adjusted accordingly. • Surcharges (including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State), pool charges, and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. Florida Blue is not responsible for the filing, and/or payment of any assessment for which Florida Blue is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. • Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • The dollar value of the minimum attachment point shown above is representative. The actual value of the minimum attachment point will be calculated according to the terms of the stop loss policy. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements, eligible claim expenses under the stop loss policy will follow the covered underlying plan, up to the proposed Specific Benefit Maximum. • The Agent is properly licensed and appointed by Florida Blue. • The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15% COBRA participants. Qualifications • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices. • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10% or more, either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk, an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date, and the premium rates and aggregate factors may be subject to re -rating; retro -active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including, but not limited to the following: eligibility, HIPAA, termination provisions, extension for leave of absence or disability, FMLA, subrogation, transplants, COB, exclusions for job related injuries, experimental and cosmetic treatment, usual and customary charges, war, not medically necessary, traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date, we reserve the right to issue the Policy assuming standard exclusions will apply. • HIPAA Privacy rules permit the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of "Health care operations". Florida Blue will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten. by Florida Blue, Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 34 Page 5 of 6 F&Pu&Bkee ::..9 An Independent Licensee of the Blue Cross and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm • The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by Florida Blue must be acknowledged before terms of coverage for such individuals are included under Florida Blue's stop loss policy. • Any stop loss policy issued by us may be rescinded or re -underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent, or if the Applicant and/or the Applicant's Agent commits fraud. As used above: An "Agent" is the Applicant's representative, including but not limited to, the agent, producer or broker of record, or Claims Administrator. The "Applicant" is the entity, or that entity's authorized representative, that has contracted with us to provide stop loss coverage. A "Claims Administrator" is a third party administrator (TPA) designated by the Applicant and approved by us. "Claim Information" consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review; such information includes but is not limited to Know or potential catastrophic claims, large claims and/or shock losses. "Complete Details" includes the name, social security number (or unique identifier), date of birth diagnosis, prognosis (unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control) of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A "Diligent Review" consists of a complete review by you, and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims, large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure" consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal "Known" if, prior to the date or dates we request such information (including but not limited to Disclosure and Claim Information) a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue; Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter: REB (August 30, 2018) 10554202426-2018-546579-2-2 341 age 6 of 6 Time period of projection: 10/1/2018 - 9/30/2019 Number of Employees: 1641 Number of members (estimated): 3446 Average 3.9 2.9 3.9 2.9 3.9 2.9 Minimum Based on Simulations 0.0 0.0 0.0 0.0 0.0 0.0 ] 25th Percentile 2.0 2.0 2.0 2.0 2.0 2.0 75th Percentile 5.0 4.0 5.0 4.0 5.0 4.0 Maximum Based on Simulations 14.0 10.0 14.0 10.0 14.0 10.0 dotal Dollar Amount of Cla Exceedi gecf7 eucibDde _ CarriFF. options I Florida Blue,(HM) Florida Blue (HM) Florida Blue (HM) Florida Blue,(HM) Florida Blue,(HM) Florida Blue (HM' Average $746,051 $590,044 $789,776 $629,540 $702,013 $551,101 ] Minimum Based on Simulations $0 $0 $0 $0 $0 $0 ] 25th Percentile $166,750 $36,000 $215,500 $84,750 $115,500 $0 75th Percentile $1,029,875 $826,250 $1,078,625 $875,000 $978,625 $775,000 ] Maximum Based on Simulations $9,421,250 $9,135,750 $9,470,000 $9,184,500 $9,370,000 $9,084,500 Total Expected Claims (Paid by Plan after $18,706,377 $18,852,339 $18,652,702 $18,812,842 $18,740,465 $18,891,281 specific and aggregate) Specific Premium $555,117 $449,175 $593,517 $478,713 $520,656 $418,652 ] Aggregate Premum $32,098 $33,083 $32,098 $33,083 $32,098 $33,083 Total Expected Cost (Expected Claims + $19,293,592 $19,334,596 $19,278,317 $19,324,637 $19,293,220 $19,343,016 Stop Loss Premum) % of simulations this option 'Wins" when all 0.0% 0.0% 65.1% 14.4% 0.0% 20.4% of simulations this option wins" when 11 . 0.0% 32.8% 100.0% 35.4% 14.6% 25.7% Consent Agenda Indian River County Interoffice Memorandum 0 Office of Management & Budget To: Members of the Board of County Commissioners From: Acting Director, Office of Management & Budget Date: September 4, 2018 Subject: Miscellaneous Budget Amendment 015 Description and Conditions 1. On August 14, 2018, the Board of County Commissioners approved award of bid for renovations of the North County Offices at Sebastian Corners. Additionally the Board approved the roof replacement bid. Exhibit "A" appropriates $1,407,911 from Optional Sales Tax/Cash Forward -Oct 1 st 2. On August 14, 2018 the Board of County Commissioners approved a study of the Blue Cypress Lake Water Quality. Exhibit "A" appropriates funding in the amount of $63,485 from Transportation Fund/Reserve for Contingency. 3. On August 14, 2018, the Board of County Commissioners approved for staff to contract with Tetra Tech to begin an initial outline on the scope of the Indian River Lagoon Master Plan, with funding in an amount up to $15,000. Exhibit "A" appropriates the funding from General Fund/Reserve for Contingency 4. On March 20, 2018, the Board of County Commissioners approved a Public Transportation Supplemental Joint Participation Agreement for a FDOT Corridor Grant in the amount of $99,750. Additionally, on May 22, 2018 the Board approved a 5307 grant application for FY 2018 in the (amended) amount of $3,290,751,and 5339 grant application for. FY's 2016, 2017 and 2018 for $609,824. Exhibit "A" appropriates the grant funding. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 343 RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017-2018 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2017-2018 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2017-2018 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2017-2018 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. Attest: Jeffrey R. Smith Clerk of Court and Comptroller M Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Resolution No. 2018 - Budget Office Approval: Exhibit "A" Kristin Daniels, Acting Budget Director Budget Amendment: 015 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $1,407,911 $0 Expense Optional Sales Tax/ Facilities Mgmt/North County Offices Sebastian Corners 31522019-066510-17018 $1,407,911 $0 2. Expense Transportation Fund/Stormwater/Other Professional Services 11128138-033190 $63,485 $0 Transportation Fund/Reserves/Reserve for Contingency 1119981-099910 $0 $63,485 3. Expense General Fund/IR Lagoon/Other Professional Services 00128337-033190 $15,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $15,000 4. Revenue General Fund/FTA Section 5307 Grant- SRA. 001033-331410 $3,290,751 $0 General Fund/FTA Section 5339 Grant -SRA 001033-331424 $609,824 $0 General Fund/FDOT Commuter Grant -SRA 001033-334415-54001 $99,750 $0 Expense General Fund/Agencies/Comm unity Transportation Coord/SRA 00111041-088230 $2,599,750 $0 General Fund/Agencies/Other Machinery & Equip/SRA 00111041-066490-54001 $1,400,575 $0 345 August 13,2018 heriff beryl Loar Indian River County The Honorable Peter D. O'Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman O'Bryan: Please accept this letter as my request to be placed on the Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting $15,000 from the account to apply to the purchase of the following items: Annual Subscription for Offender Watch Sex Offender notification software $ 7,350 Registrant office supplies $ 7.650 $15,000 Please place this item under Constitutional Officers for the September 11, 2018 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:nmj cc: Kelly Goodwin Metcalf, Comptroller Jason Brown, County Administrator Michael Smykowski, County Budget Director 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772)569-6700 !`"i QA JOA Public Hearings - B. C. C. 9.11.18 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County :attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney �. DATE: August 30, 2018 SUBJECT: Escambia County Housing Finance Authority Multifamily Housing Revenue Bonds (Taylor Pointe Apartments) BACKGROUND On June 19, 2018, the Indian River County Board of County Commissioners (the Board") adopted Resolution 2018-058, in which the Board granted to the Escambia County Housing Finance Authority (the "Escambia Authority") area of operation authority, pursuant to Section 159.603, Florida Statutes, to operate within Indian River County for the purpose of financing or refinancing the costs of acquiring; upgrading, reconditioning, rehabilitating, improving and beautification by Vero Beach Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership, or its affiliate or subordinate non- profit corporation (as applicable, the "Company"), or a limited liability company of which the Company is the managing member or a limited partnership of which the Company is the general partner (as applicable, the "Borrower"), of an existing multifamily -rental housing facility presently containing 168 units to be known as the Taylor Pointe Apartments (also known as the Lindsey Gardens Apartments/Phases I & II), located at 4885 38th Circle, Vero Beach, Florida 32967 (the "Apartments"), to provide residential rental housing facilities for persons of very low, low, middle, and moderate income. Escambia Authority has informed Indian River County that the Company has submitted an application for up to $16,000,000 in tax exempt multifamily housing revenue bonds for the Apartments. The Company is affiliated with Dominium, which the Escambia Authority has noted is one of the nation's largest affordable housing development and management companies. The tax exempt bond financing will allow the Company to make improvements and enhancements to the Apartments. The Company advises that it expects that the current tenants will not be significantly inconvenienced by the renovation process, though temporary relocation to other units within the complex might be required in limited instances for the safety and convenience of the tenant. On August 25, 2018, a notice of a Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing was published in the Indian River Press Journal advising the citizens of the hearing for the purpose of receiving public comment. F.Uw-,yVUd.1GENFRALIB C CWXg dadfe ITEM E.—bl.0—u ,P.McHe Mgdx 347 Board of County Commissioners August 30, 2018 Page Two Thus, the chair should open, the public hearing and take any input from the public and then have the Board vote as to whether to approve the resolution authorizing, the plan of finance for the issuance of up to $16,000,000 in multifamily housing revenue bonds by the Escambia Authority to be used to finance or refinance improvements to the Apartments. FUNDING: No funding is required from Indian River County for this .item. The Bonds are to be obligations of the Escambia Authority and will not be a debt, liability or obligation of or pledge of the faith and credit of Indian River County. RECOMMENDATION: The County Attorney's Office recommends that the chair open the public hearing and take any input from the public and then have the Board vote as to whether to approve the resolution authorizing the plan of finance for the issuance of up to $16,000,000 in multifamily housing revenue bonds by. the Escambia Authority to be used to finance or refinance improvements to the Apartments. ATTACHMENT(S) Proposed Resolution RW /lomeyVJadaIGENFRALIB C C�iMda.W—ITFFRA_P—bia C—y Nbfhll—ft d. 348 RESOLUTION 2018-. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS NOT TO EXCEED $16,000,000 MULTIFAMILY HOUSING REVENUE BONDS (TAYLOR POINTE APARTMENTS), SERIES [TO BE DETERMINED] FOR THE BENEFIT OF VERO BEACH LEASED HOUSING ASSOCIATES III, LLLP, OR ITS AFFILIATE, TO PROVIDE FUNDS TO FINANCE OR REFINANCE A MULTIFAMILY RESIDENTIAL RENTAL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Escambia County Housing Finance Authority (the "Authority") is a public body corporate and politic, duly organized and existing under the provisions of Chapter 159, Part IV, Florida Statutes, as amended and supplemented; and WHEREAS, the Authority, per Resolution 2018-058, adopted by the Indian River County Board of County Commissioners on June 19, 2018 has been granted "area of operation" authority within Indian River County with respect to the financing of Taylor Pointe Apartments (also known as the Lindsey Gardens Apartments/Phases I & II), a multifamily residential rental facility development (as hereinafter identified); and WHEREAS, Vero Beach Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership qualified to conduct business in the State of Florida, or one of its affiliates (the "Borrower"), has requested the Authority to issue its not to exceed $16,000,000 Multifamily Housing Revenue Bonds (Taylor Pointe Apartments) (the 'Bonds"), the proceeds of which would be used to (i) pay or reimburse the Borrower for the cost of acquiring, upgrading, reconditioning, rehabilitating, improving and beautification of an existing multifamily residential rental apartment project known as Taylor Pointe Apartments (also known as the Lindsey Gardens Apartments/Phases I & II) (the "Taylor Pointe Apartments Development"), which will consist of 168 residential units, at least 40% of such units are to be occupied by persons of low and moderate income, whose income does not exceed 60% of the area median income, located at 4885 38'h Circle, Vero Beach, Florida, in the City of Vero Beach, Indian River County, Florida (the "Project Location"); (ii) fund a debt service reserve fund for the Bonds; and (iii) pay a portion of the costs of issuance of the Bonds; and WHEREAS, the County Commission conducted a public hearing on September 11, 2018, notice of which hearing was published on August 25, 2018, in the Indian River Press Journal (a copy of which notice is attached hereto as Exhibit "A" and incorporated herein), for the purpose of considering the issuance of the Bonds by the Authority, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). Said public hearing disclosed no reason why the Bonds should not be issued; and WHEREAS, Section 147(f) of the Code requires approval of the issuance of the Bonds by the Board of County Commissioners of Indian River County, Florida (the 'Board"), as the 349 RESOLUTION 2018 - "applicable elected representative" under Section 147(f) after a public hearing following reasonable public notice; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. The Board, pursuant to, and in accordance with, the requirements set forth in Section 147(f) of the Code, hereby approves the issuance of not to exceed $16,000,000 principal amount of the Bonds by the Authority, in one or more series at one or more times. Section 2. The Bonds shall not constitute a debt, liability or obligation of the County, the State of Florida (the "State") or any political subdivision or agency thereof other than the Authority, or a pledge of the faith and credit of the Authority, the County, the State or of any political subdivision or agency thereof, and neither the Authority, the County, the State nor any political subdivision or agency thereof will be liable on the Bonds, nor will the Bonds be payable out of any funds other than those pledged and assigned under the Indentures and the Loan Agreements. Section 3. The approval given herein is solely for the purpose of satisfying the requirements of Section 147(f) of the Code and shall not be construed as an approval of any necessary rezoning application or any regulatory permits required in connection with the issuance of the Bonds or the construction of the Project, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard. Section 4. The approval given herein is solely for the purpose of approving the project, the plan of finance, and the bonds herein described. The Board reserves the right to consent to any additional project to be financed within the jurisdictional limits of the County upon such terms as it shall deem appropriate and to adopt and amend policies applicable to obtaining such consents. Section 5. It is a condition of the approval given herein that a Land Use Restriction Agreement. with a Qualified Project Period of not less than thirty-five years be executed and delivered in connection with the issuance of the bonds herein described. The foregoing resolution was moved for and seconded by Commissioner vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Bob Solari adoption by Commissioner and, upon being put to a CA Users\nancym\AppData\Local\ Microsoft\ Windows\Temporary Internet Files\Content.Outlook\ 6X6N1XQD\ Indian River County BCC TEFRA Resolution Taylor Pointe 8.17.18-cl.doc 2 350 RESOLUTION 2018 - Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman,thereupon declared the resolution duly passed and adopted this 1 l th day of September, 2018. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficienc By: _ Dy an Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF, INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman C:\Users\nancym\AppData\Local\lyhcrosoft\Windows\Temporary Internet Files\ Content.Outlook\ 6X6N1XQD\ Indian River County BCC TEFRA Resolution Taylor Pointe 8.17.18-cl.doc 3 351 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 2ollar, 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 Beads 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 arty discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been.entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO# 944559-ESCAMBIACOUNTY 2086332, TEFRATAYLOR POINTE APiS Pub Oates August 25, 2018 Sworn to and subscribed before me this day of, August 27, 2018, by who is Natalie Will (K) personally known to me or I ) who has produced as identification. W14 V � q qnxion Karol Kangas Notary Public o` KAROLEKANGA9 N MI'iblk-Statedilorida CammlulontGG1' 04i MyCOMM.ExplresJWI9,1021 OoMedVrtouphNaUmxtlMefyAsaG . EXHIBIT "A" 352 Well-known Vero restaurant set to close doors Tuesday Angela smith fpMl reTman ca.e nn..o.m s 11aA TONY NflWORx-gOrPA Recent months have been rough for reSawl teur Patrick Tommst so he sdd he had to make some tough decistoIn. OnTuesday, he win of- Mally dose the down to The Quilted Giraffe Res- murant In Vero Beach Although Tomassi had only owned the nearly 20•ym-ohl restaurant far the past seven yeas, his aid his love tar the customers and food ran deep. '1 like to treat my tms- mmers the way f would want to be treated while eating out: said Tomssd who would often go table to table to v" with din- ers. He said he made R his gal to be on the restau- rant Rom night after fight, whether it was to check on orders m to chat with frequent customers. 'Momtind-pop plant arehard to dupl late' Tc - massi sald.'People n ke to see the owners there and that'asohardmfindmw- *days In the restaurant business' But customers dldnt frequent The Quilted GI- rsffe Restaurant just to eat, they would make an evening out of it. Tomassi said. 'I talk with everybody and I thunk that's what separated us from other plac'ss, we had a personal toudt' he said. 'Every- day was like a big Rangy' Besides the personal tablestde service and rand (mbnml was the most popular ordered dishes on the menu), To- ma -d believes the rea- murant'a entertainment options helped keep din- ers returning week after week. 'When we bought IL wetumedltmtomoreen- tertalnment' Patrick sald.'We had a lm ofmu- dq a tat of dandng and It -Its* became a fun Please. That happy emdon- ment changed an Mardi 16 when his wife, SM Toremst, 73, walked to the back parch of The Quilted Giraffe Resteu- rent and varnished. Surveillance video at a nearby shopping plaza captured Busy Tomassi, who suffers from demen- tia, walking by berme es - Hing the frame, which marks her last known whereabouts. Initially, Patrick To- massi doled the restau- rant fm the summer, but couldn't bring himself to reopen It with Susy still missing. 1t come m u point to move an,' he mid. 'I dont want to Brian to songs that I dmrced with Susy there, it's just not the Same thing and rte not thesame.' He add site Tuesdays auction of restaurant content and other Items, he just needs to take a break and -evaluate what rm going to do' He thanks customers for their support over the years. People who have The Quilted Giraffe Restaurant gift cards an Asked to bring them to the restaurant on Aug. 28 during the auction for a fun reared. Theatre -Go -Round Dinner Theatre will be moving to a new location before int next Performance. Penick Tomassi dill owns Mt Manatees In Vero Beach and he said ft would continue to be open operate as anal. L TCPALM.COM I SATURDAY. AUGUST 25,2018 1 17A Desegregation sfble for tracking the district's progress with the remaining aspects of the desegre- gation order. T'MS committee will meat far Comhe»d from Page IA the next five years, school officials said. The desegregation order wW be lifttd after four parents sued the school district completely, though if the district complies over Its treatment of black students. it with the agreement over the next thin specifies plana for creating racially baE years, school officials said. arced schools, taught by diverse staffs, to But for that to happen, the district must estabnshan equitable education system for Improve Its minorlt"escher recruitment minority students. efforts and ensure minority students are The NAACP on Friday agreed the district given the same aademt"chlavement op - 'is entitled to a declaration of partial un1- portmdttes as a0 students, according to the tory status already in the area of fadBtles, agreement. non -Instructional staff, and administrative The new committee also will monitor staff,- school offtdals said in a statement. other aspects of the order, including tram; - Representatives ofthe the school district portation and student ampus assign - and NAACP signed the nine -page agree- mems. ment Friday afternoon. The ave-membet rnmmittee will have Frost recognized recognized current trwo chosen by the board, two by the School Board members and former board NAACP and a fifth chosen by those four ap- members Matt McCain and Claudia Lime- points", according to the agreement. nez, who, along with Superintendent Mark They are towed quarterly and presenia Rendell, who In recent years restarted dis- retort to the board the first Monday of No- trict efforts to comply with the desegrega. vember each year, according to the agree - tion order. over recent Mo. mem. 'This begins n new em of uniting as a 01`34 Florida school districts once ander community,- Frost said. desegregation orders, IL including Indian The board, as pad of the agreement, Rive; remain Dania court orders, according mud mate an 'equity commlace respon- to a 2016 PropubBa report. 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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: ADDRESS: 19-207 Vista Gardens VB Katherine Booth PHONE: (386) 506-9477 SUBJECT MATTER FOR DISCUSSION: Update needed of IRC Ordinance re Tree Pruning IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx__1 YES F-1 NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx —1 NO WHAT RESOLUTION ARE YOU Update IRC Ordinance re Tree Pruning to Provide Additional REQUESTING OF THE COMMISSION? Protection for Mature Live Oaks ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 NO YES WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS Update IRC Ordinance re Tree Pruning REQUEST? Transmitted to Administrator Via: Interactive Web Form x E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: F:\CountyAdmin\ExecAsst\AGENDA\Public Discussion Items Fmm.doc 354 PRESENTATION TO THE INDIAN RIVER COUNTY COMMISSION REQUESTING ORDINANCE Section 926.02 - 927.03 BE UPDATED TO REFLECT Best Management Practices (BMP) of Pruning Mature Trees Provided to the Public by the University of Florida and the Institute of Food and Agricultural Sciences Urban Forest Hurricane Recovery Program 2015 Authors Dr. Edward Gilman and Dr. Amanda Bisson AUGUST 141 2018 Katherine Booth (386) 506-9477 mprademachermsn.com 355 Section 7 of Article II, General Provisions, of the Constitution of the State of Florida, provides a clear statement that the actions of the legislature and state agents of Florida are to be defined and guided by policies that serve to "conserve and protect" the Florida environment. SECTION 7. Natural resources and scenic beauty. (a) It shall be the policy of the state to conserve and protect. its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources. 356 2018 Florida Statutes Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 373 WATER RESOURCES SECTION 185 Local Florida -friendly landscaping ordinances. 373.185 Local Florida -friendly landscaping ordinances. — ...each [water management] district shall use the materials developed by the department, the Institute of Food and Agricultural Sciences at the University of Florida... 357 Search Gardening Solutions L& bout Us IThe Center for Landscape Conservation and Ecology .Gardening Solutions? The Center for Landscape Conservation and Ecology Mer for Landscape In 2006, the Florida legislature created the OF/IFAS Center for Landscape Conservation and Ecology (CLCE) to cation & Ecology Florida -Friendly information: The CLCE promotes the protection and preservation of Florida's natural resources a quality of life through responsible landscape management. The Center's mission is to protect and conserve Florida's natural resources through research -based sustainablf landscape practices. The Center's vision is to be the leading source of science -based information on horticulture and the urban envir in Florida. 358 e .+ "j• `tWA 41 ,:.*..'til. ct V) a) a; '��Io Ct 4-4 ct ct O ri E O U ct U ct O bA � N ct O ct ct �, �+ ct ,—� U R3 O H � -+Z 0 UPDATE NEEDED OF IRC ORDINANCE Current IRC Ordinance Section 926.02 - 927.03 - Indian River County Ordinance Excerpts Section 926.02 - 927.03 Purpose and intent. The Board of County Commissioners recognizes that the unique characteristics and qualities of Indian River County justify regulations to retain and perpetuate a beneficial, natural, and visually pleasing environment. Trees and native vegetation are recognized for their importance in: shading; cooling; reducing noise and wind; preventing soil erosion; producing oxygen; filtering dust; absorbing carbon dioxide; enhancing aesthetics; and increasing the economic value of real property. Trees also contribute to the general well-being and quality of life in Indian River County, It is further the purpose and intent of this chapter to promote water conservation through the preservation of existing native Florida vegetation. (2) (c). Mature trees shall not be pruned to reduce the canopy to less than the minimum fifteen -foot spread, except for the removal of dead or diseased wood. (d) Pruning techniques that are unhealthy for or produce an unnatural appearance of a tree or native palm are prohibited. Le. no more than twenty-five (25) percent of the living crown of a tree removed through pruning. OF/IFAS BMP Mature Trees • Old trees can decline as a result of removing too much live tissue. • Try not to remove more than 10°0 of the live foliage on a mature tree. • Remove more than 10% only for a good reason such as a cracked live branch over a house. 360 ct QJ . U •c U ct r� 4-4 U CA 4� C/) O U U U U U N m ct m ct N . Pruning to Thin The selective removal of small live branches from the edge of the canopy to reduce crown density Increases light and air penetration to promote internal foliage* • Reduces the risk of storm damage �p .� :•s�� - "'�."'.:.'. fir. ' :,+-4.: ��,�!1� '+'�.•:'''_r��I �� .k '� � ��• i�i�+ i� t. � .�:°�d+Rf �, �7N �'�V�ti VON, f.� �'r� � � .�,. `s.F� r� ;y'� � � � yyNqq �:'�• � �,s +•5�`1j A- yi��� = P ' �La1k;i r. �� c:; , ti ``` / ;F ^::— %� _ . �<St�;:$!a!Y' f.' • ' `4� �iR�7r �,+�_}SI� w n ;� � � � � ���ty.::{ y, . ..+�, �•^^'tea,. ,Fid '::� � � l•�', �,K� sf �•r-�\�t� Zi �"G. _ _.':D;•;> ' 'i7'.` iii r,. p �- . How to thin a canopy t Inappropriate thinning A -W - It Q e concentr § foliag �tw -4-3-5-N. R' VIM N O Ct Ct O 0 ct ct C}"d O � � Q ct • .--4 O � U Ct c O � U � N O 0e,sir nce can be achieved by shoirtening Row bir'aIC cher iratheir than irem®ving them ' • A la �p�� \ • �.! s" '1• • ;�<Y• t � � � +:�' f ,sh '.-j+u,r s '`rs�`' f` �r � .i „r•.�.— � x +, R� 1�{•P I p�� •�' ,� �.t'.r�,1�y •'+�x a1 .•,pr+-', "��.1'-^'.y��"" l �,1. :"►. �' �'"'•�,• 'y 1c' r t+ � RMF t a =''. $+� � ► a V � • ► 1 j • • � � � �► �� �!/} k•!!'<�,• ft.. �', � I+i r y r�'4 = ' 'i�i'� '"r..�.. `'- � �`•i ,�, •. ;�_• � '; i MC•!� +• ,. � ra .�- �w , . w. r��k T•+f �'�_ iF Y t y: Jam.. _ ` �7 •\ � ►y,, Jt, •� �y� tii•ii•�+yS���tiw� "r�l�'f'F�� r• ; �+ i� �a f�+��� a���•I � � �}� i 11 As S,(�+�C�, x ♦ ,�y� � �+ � a��Y!�a •'� T !� +st �7+ty { _ ax ,�1"� .:4`�1 � � �' 'off • �'Sp a+`14 •'.1/�•j�-ct _ s, fes'" ,r C J1 �'1'�'ly.'�.i t'�.r ." r� ~' �< .t \�4 -i►'i + r I 171 �_ �I 1� ►• • j y►.�•+ f{ r. �.� ► 1, r '`" � �� . i• � .*.,,,,�TT��,.� • *�`+�j PM - 7.;o �•a.. 4�, � � � rte,; ► w /•• Is It Ill+ �.•it i - -Vlt/* �. _.y+ �-`..r+ moi, � j} �`'��+y�' • • `� . • � 1 'ti.✓� ,• f •,rye ,CI moi' � �'e `••1 •!'7r# �,., 1 NLy�j, i �• a '1 4 pa .= '•� _ �A'•++ `. 1I J.� .dry as«.�' x •� a lt'--:. ;..4 ''. •I�i•i •. ;.i +i�•r. _ < - � + C+e• j �a ► �• , *� •r.f R.R E i►�t �a him 1}rjjri �o M Map of Vista Gardens Map of Wells and Storm Water System Provided by Indian River County Land Development Department showing ponds drain into Indian River Land Trust Greenway Property (Right side is East) 370 Example of a severely thinned, lion's tailed mature oak in Vista Gardens, pruned April 201711j I 1 %Wftn Trees Urban design l Site Selection i Nursery Planting Pruning i Health Species Roots Structure i Wood i Storms ( Arborists i Plan i See: Paver lines ► Shrubs Selection I Production i Maintenance i Species See: Planting ► Groundcover Selection i Production Maintenance ► Palms ► PowerPolnts ► Fact sheets nome+Pmnngsnaxaaes>DaW, causes beOWN or-Irng Overliftin Removing too much Interior foliage, refemd to as overdllUng or Ions -tatting (see photo) removes branches that prevlousryprovided dampening of movement In wind storms. Without this dampening, maln branch movement can Increase In a wind storm. This Is thought to lead to contribute to damage In stones. Overfilling also removes many live branches ghat provided a food source for living cells Inside the wood. UvIng cells wfhIn the wood .9 as a resd. Ttds can lead to dlsfunctlonal wood and sacks. 371 Mature oak showing evidence of severe thinning and raising on the bottom of the tree April 2017 with wind and salt scald on the top from Hurricane Irma September 2017 (top was not protected by the wall in the background) 372 OF/IFAS Document ENH-722: Quercus virginiana: Range of Southern Live Oak 373 v C r L d 0 0 2 0 � o 0t Q L. d cn a Q� C3 Z u r C a� o 0 oa a m r M as_ rt 4 c rn L g x 0 = 0 O w „ C �i a 0V o ° ° baa a s S .2 E iu you .��yva "' O. O Eco a, E sm�r��='� F Q a s a a 1$ �� �Q CLCLp CD O A '�1 � -•7 3 .n 5 L •: 0 c . V .� �Q m�£ C 4! ii QO ai ~t c o a= gg ut. m r M 6. R®d'ucad limb Strong% (Loading to areakajo. In the same manner. Indlatdtual illn'bs are su'hjecl to higher stresses if too much of its foliage and Icteral gfawlh have been removed. Ttees Shat contain loulg limbs with raliage only on tholips •are more fikely ,lo brdrak than limbs that contain 'many smallor, oaatviard gr>Aving Itmbs and an even °d7 nnou hl of foliage. The even amount of oulward growth and loiloge help distribute the stress load from fitgh• winds along the entire 'length of the limb Instead' of Oo -e'ehiraliing it at'tholip. in summary, over pruning causes-. • Excessive wounds that mud be healed • IRcduccd food storage • increased Interior sproulirv9 • IDecrecuod lip grow+nth • increoted end weight on 1ttrnbs • Incredsed chances of sunscdld/sawn injury • tncroa"- maintenance axponsc • Increased chances of vfjnd or Ice d6mage _ t__Y_ lei yl18l I�asdt 1S'yli U 75rY9f1 philuq 97? -442.19 74 ! FG IM A.7X0.11PA Tali Free. 66k,5:5.PinflO t a ww,asharillagicat.com Vie..Twe, Ceur.Experts DANd3E1R5 OF 1OVEIR POUNING rr I ","Cv111M OICIS616 ooft rev—qr, Cor, I.'od+real�}'ff Over.pruhing Is or* d>f the vrorst and most common, misiakes.lntree malntenance, Whys Is socommorv? Thete is a general tact of understanding about how a Iree functions or a ted k of current in' ormation abogt tree health. Unfortunately, m yIhs often guide tree pruning, Myths to Avoid "Remove one4hird of the top growth when 'transplanting to offset tool loss'. • "Rune heavily to offset construction injury or. soil compaction', • "P o heavit,V o hoop the tud grow" 375 ARBORICULTURE IN FLORIDA • In Florida, NO TRAINING is required for anyone wanting to prune trees • Arborists are NOT LICENSED as professionals by the State of Florida* • Arborists have only a business license from Indian River County, not a license as a professional • To be certified by the International Society of Arborist [ISA] or other similar organizations, requires only passing a written examination and paying annual dues • There is NO accountability for arborists in Florida • Unlicensed, untrained arborists have enormous earning power and use myths and unproved reasons to persuade homeowners and HOA's to over -prune trees year after year • Due to high demand for unskilled labor, arboriculture is one of the top ten at -risk industries for human trafficking, slave labor and illegal immigration 376 ! 09-� INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC! DISCUSSION Any organization o.r: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 IO2.04(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: �_ iI� {7l ADDRESS: SUBJECT MATTER FOR DISCUSSION: V 1�I ,/ 41 1 s KA " A_Aff4 121!'0, IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU All, _ REQUESTING OF THE COMMISSION? j YES a NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? � YES � NO WHAT FUNDS OR ACTI'VI'TIES ARE REQUIRED TO MEET THIS REQUEST. Transtnitted to Administrator Via: Interactive Web Form E=Mail Hand Delivered Phone COUNTY ADMINISTRATOR:1 Jason E. Brown MEETING DATE: F.ACounty AdminkCACCAsstl:K;C4rtA\Public Mi iiiun (isms Fomdo 377 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION l Q 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: Penelope King ADDRESS: 114 Hidden Oak Dr., Indian River Shores, Fl. PHONE: 32963 (772)-234-0684 SUBJECT MATTER FOR DISCUSSION• FDOT Proposed A -1-A Road Resurfacing and Sidewalk Construction ( 6.74 miles that traverses throughout all of Indian River Shores) IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx I NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx I NO WHAT RESOLUTION ARE YOU To officially appeal to FDOT to repeal the sidewalk construction REQUESTING OF THE COMMISSION? part of this project per Indian River Shores Council and residents living along this 6.74 mile route ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx I NO WHAT FUNDS OR ACTIVITIES ARE If this request is granted, this would save all State taxpayers more REQUIRED TO MEET THIS REQUEST? than $3.75 million. Transmitted to Administrator Via: X Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Fmm.doc 378 ER ro I 4� G� Office Of the INDIAN RIVER COUNTY ti * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: . Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 5, 2018 SUBJECT: City of Vero Beach Property adjacent to Historic Dodgertown DESCRIPTION As directed by the Board of County Commissioners on September 4, 2018, a presentation was made at the City of Vero Beach Council Meeting on September 4, 2018 with an offer from the County of $2,400,000 to purchase the golf course property adjacent to Historic Dodgertown. Following the Board's decision to make an offer of $2,400,000, the developer increased their offer to $2,430,000. The City has postponed a decision and plans to reschedule this matter for their October 2, 2018 meeting. Therefore, the County needs to be prepared to make a presentation of our proposal for the property. Staff is requesting authorization from the Board of County Commissioners to take various actions needed to make this presentation as detailed below: • Staff is working on a purchase agreement between the County and the City. Staff is requesting Board authorization to continue negotiating terms of an agreement with City staff. • Per Section 125.355, F.S., the County must obtain two (2) appraisals for any purchase of real property in excess of $500,000. Staff requests authorization to obtain these appraisals in preparation for a purchase. • It seems that the City Council would like additional information and clarification on the County's plans for the property as well as any economic impacts of future development. Staff would like to further develop a proposed conceptual plan for this property, and present these plans back to the Board in preparation for a presentation to the City Council on October 2nd • Take other actions as necessary to prepare for an October 2nd presentation to the City Council. 379 STAFF RECOMMENDATION Staff requests direction from the Board for staff to take. the actions outlined above in preparation to present our offer to the City Council at their meeting on October 2, 2018. 380 Peter D. O'Bryan From: O'Connor, Jim <JOConnor@covb.org> Sent: Thursday, September 06, 2018 12:09 PM To: Peter D. O'Bryan Subject: Re: Dodgertown golf Course Probably in deed restriction since that will follow any transfer of title Sent from my Sprint Samsung Galaxy S7. -------- Original message -------- From: "Peter D. O'Bryan" <pobryan@ircgov.com> Date: 9/6/18 11:56 AM (GMT -05:00) To: "O'Connor, Jim" <JOConnor@covb.org> Subject: Dodgertown golf Course Jim, Greetings. Have you determined the method you will use to ensure that no residential development takes place on the property, such as.a Deed Restriction or anything? Thanks, Peter Commissioner Peter D. O'Bryan Indian River County District 4 Pobryah@itcgov.com 772-226-1440 Please Note` Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. '3@ - / COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: September 4, 2018 RE: Consideration to Approve an Addendum to an Agreement with RedevGroup, Inc., for Release of a Conservation Easement on Indian River Mall Lot 5 in Exchange for Conveyance of Title and Easement Interest to the County of Alternate Conservation Land and Establishing Certain Special Development Restrictions It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of September 11, 2018. ' DESCRIPTION AND CONDITIONS At its meeting on June 12, 2018, the Board of County Commissioners approved an agreement with RedevGroup, Inc., to allow for release of a conservation easement on Indian River Mall Lot 5 in exchange for alternative conservation land and special development restrictions. The subject 4.7 acre Lot 5 property is located on State Road 60 near the Mall's main entrance, west of and adjacent to the existing Wendy's Restaurant (see aerial, Attachment 1). As explained at the June 12 Board meeting, the Lot 5 conservation easement was originally established in 1994 as a condition of County Resolution 94-93, which serves as the Development Order (D.O.) for the Indian River Mall. The Lot 5 conservation easement contains a clause allowing release of the easement provided alternative conservation land of equal or greater environmental value is protected to fulfill the intent of the D.O. In the June 12 exchange agreement, two alternative conservation properties are identified: • Alternative Property 1: "The Alice Siew Property," approximately 9.17 acres (4 contiguous tax parcels) of riverfront coastal wetlands north of and adjacent to the County -owned Oyster Bar Marsh Conservation Area; or Alternative Property 2: "The Kinner Property," approximately 10.3 acres of riverfront coastal wetlands south of Quay Dock Road, north of Spoonbill Marsh, adjacent to conservation land owned by the Indian River Land Trust (IRLT). [Note: this alternative includes payment of $291,819.00 to the County to be used for public access improvements to county -owned conservation lands.] 381 Proposed Third Alternative After the June 12 agreement was approved, Mr. Joe Cataldo of RedevGroup approached staff with a third alternative proposal that is a combination of portions of both Alternative 1 (the Siew Property) and Alternative 2 (the Kinner Property). This third proposed alternative ("Option 3") is described as follows: • RevdevGroup conveyance of the +10. 3 acre Kinner Property to the IRLT (Indian River Land Trust) with a conservation easement over +8.8 acres in favor of Indian River County covering all but the east 150 feet of the Kinner Property, together with conveyance of ±7.87 acres of the Siew Property to the County (all but the eastern +1.3 acres of the originally proposed Siew Property). This matter is now being presented for the Board to consider approving an addendum to the June 12 RedevGroup agreement to allow for the described third alternative ("Option 3"). ANALYSIS The purpose of the Lot 5 conservation easement, as described in Condition 17 of the Indian River Mall D.O., was to provide for wildlife and upland habitat protection and to maintain "quality entrance and gateway character" at the mall along SR 60. The June 12 RedevGroup agreement addresses that "quality entrance and gateway character" aspect through certain special development restrictions contained in the agreement. For the Board to accept the proposed third alternative to address wildlife and habitat protection, the Board must conclude that the third alternative offsets the loss of the Lot 5 conservation easement by providing equal or greater environmental protection value, similar to the Board's findings for Alternatives 1 and 2 currently in the agreement. In staff's opinion, the proposed third alternative exchange option, which combines and protects the majority of both the Siew and Kinner properties (i.e., +16.67 protected acres combined), will provide greater ecological value than the current 4.7 acre Mall Lot 5 easement, and therefore can be accepted as a third alternative. Consistent with Kimley-Horn habitat assessment report findings presented to the Board on June 12, this third "combination" alternative contains higher ecological value when compared to the Mall Lot 5 site. It should be noted that the "third alternative" +7.87 acre Siew Property component, when added to the existing Oyster Bar Marsh Conservation Area, will add approximately 1,320 linear feet of dike/trail public access. Overall, the conditions of the agreement — if amended as proposed or otherwise as it currently exists - will satisfy the purpose and intent of D.O. Condition 17, will provide greater ecological value to the public compared to the existing unmanaged Lot 5 site, and will increase public access to conservation lands compared to the existing Mall Lot 5 site which provides no public access to conservation area. Therefore, staff supports adding the "third alternative" to the conservation area swap agreement. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the proposed Addendum to Amend Agreement with RedevGroup, Inc. to release the conservation easement of Indian River Mall Lot 5, allowing a third alternative exchange option (Option 3) as described herein in addition to certain special Lot 5 development restrictions and other conditions more particularly described in the proposed amended Agreement. 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@840E32E3\@BCL@84OE32E3.rtf 382 ATTACHMENTS 1. Aerial Map of. Indian River Mall Lot 5. 2. June 12, 2018 BCC Meeting Minutes. 3. June 12, 2018 County/ RedevGroup, Inc. Agreement. 4. Aerial Maps of Proposed Third Alternative (Option 3) Conservation Sites. 5. Proposed First Addendum to Amend Agreement. 3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@840E32E3\@BCL@840E32E3.rtf 383 i Board of County Commissioners Meeting Minutes - Final June '12, 2018 Attachments: Staff Report Sebastian Ordinance Fire Services Agenda Item Adopted Ordinance 0-18-02 Fire Services 03-14-18 Chairman's Letter to City of Sebastian City of Sebastian Response to Chairman's Letter County Administrator Jason Brown detailed thepr ous steps that have been taken in reference to the City of Sebastian's attempt establish an independent City Fire Marshal Office, and offered options that qduild need the Board's approval to proceed. He recommended that the and vote to initiate the Governmental Conflict Resolution Act, a conflict resol ' n process, which would allow him the opportunity to meet with Sebastian's Ci anager in an effort to mediate a resolution with the City of Sebastian. Following th mments voiced by the Board, all of whom were in favor of resolving the ma5pe, County Attorney Dylan Reingold detailed the process moving forward, not that the first step would be to draft a resolution to be brought back to the for approval at a future meeting. A motion was made by Commissioner Flescher, seconded by Vice Chairman Solari, to approve staffs recommendation. The motion carred by the following vote: Aye: 5 - Chairman OBryan, Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. 18-1895 Consideration to Approve an Agreement with RedevGroup, Inc. to Release a Conservation Easement on Indian River Mall Lot 5 in Exchange for Conveyance of Title to the County of Conservation Land at an Alternate Site and Establishing Certain Special Development Restrictions Recommended action: Staff recommends that the Board of County Commissioners approve the proposed Agreement with RedevGroup, Inc. to release the conservation easement of Indian River Mall Lot 5 in exchange for RedevGroup's conveyance of title to the County of alternate :conservation land, subject.to establishing certain special Lot 5 development restrictions and other conditions more particularly described in the proposed Agreement. Indian River County Florida 38&e 12 Board of County Commissioners Meeting Minutes - Final June 12, 2018 Attachments: Staff Report Aerial Map of Mall Lot 5 Resolution 94-93 (Development Order) Mall Lot 5 Conservation Easement Aerial Maps of Alternate Sites Environmental Comparison of Sites Lot 5 Conceptual Development Plan Proposed Agreement (Clerk's Note: This item was heard prior to Item 11.A. City of Sebastian Fire Marshal, and is placed here for continuity.) Community Development Director Stan Boling, along with Environmental Planning & Code Enforcement Chief Roland DeBlois, used a PowerPoint Presentation to provide in-depth details of the proposed Exchange Agreement with RedevGroup, Inc., including the location of Indian River Mall Lot 5, the conservation easement to be released in exchange for the conveyance of title of either The Alice Siew Property or the The Kinner Property, noting that The Kinner Property would include a payment of $291,819.00 to the County to be used for conservation land access improvements. Chief DeBlois, in response to Commissioner Zorc's question, explained that the County would prefer obtaining The Siew Property due to the public access of the property. Chairman O'Bryan explained that he had spoken with Ken Grudens, Executive Director, Indian River Land Trust, who informed him that if The Kinner Property was acquired, it could be deeded to the Land Trust for them to manage, leaving the additional $291,819.00 available for use on other projects. The following speakers addressed the Board: Bruce Barkett, Attorney, representing RedevGroup, Inc. Joseph Cataldo, President, RedevGroup, Inc. Bob Johnson, Coral Wind Subdivision A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc B. Emereencv Services C. General Services Indian River County Florida 3 g(ye 13 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS AGREEMENT is made and entered into this 12th day of .7 `i` •'.,a. ., 2018, by and between Indian River County, Florida, a political subdivision of the State of Florida; 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, on July 19, 1994 Indian River County issued Resolution 94-93 ("Development Order'), approving the Indian River Mail as a Development of Regional Impact ("DRI"); and WHEREAS, one condition of the Development Order required that the developer of the DRI dedicate a Conservation Easement over approximately 4.7 acres of cabbage palm hammock within the DRI property ("Lot 5'=), for protection of wildlife; protection of upland habitat; protection of hand fern; and to assist the County in its efforts to maintain State Road 60 as an attractive gateway corridor; and WHEREAS, the Conservation Easement was recorded .in O.R. Book 1072, Page 2581, Public Records of Indian River County, Florida (`'Conservation Easement"). WHEREAS, the factors supporting the conservation easement over Lot 5 have diminished by the passage of time as the parcel experienced a significant decrease in wildlife and upland habitat preservation, most specifically due to the disappearance of hand fern from the site. Also of significance is that, Lot 5 is not accessible to the public and is currently unmaintained and unmanaged: and WHEREAS, the dedication of the conservation easement over Lot 5 specifically contemplated a future swap or trade if conditions changed by the passage of time; and WHEREAS, there are alternative sites in the County which would provide greater ecological value and greater public benefit than that which is provided by Lot 5; and WHEREAS, County has determined that the public interest could be best served by releasing Lot 5 from the Conservation Easement and from the Development Order to permit responsible commercial development of the site, in accordance with approved development standards, in exchange for title to one of the alternative sites which would provide greater ecological value and greater public benefit to the County; and WHEREAS, County and. Developer have determined. that they are able to assist each other to accomplish their mutual goals, provided Developer is able to deliver to County title to one of the alternative -sites, and further provided County releases Lot 5 form the Conservation Easement and from the Development Order. RedevGroup/1RC Agreement 3 8t NOW, THEREFORE, for in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, County and Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. On or before December 20, 2018, Developer shall cause to be conveyed to the County title to one of the following described properties; free and clear of all liens, save property taxes and assessments which are not due: Property 1: "The Alice Siew Property", See Exhibit "A", attached hereto and made -a part hereof Property 2: "The Kinner Property", See Exhibit "B", attached and made a part hereof, to -ether with $291,819.00. Developer shall pay documentary stamps on the conveyance, and property taxes shall be pro -rated to the date of closing. County may elect to purchase title insurance at its own cost and expense. 3. Simultaneously with delivery of title of one of the above-described properties by Developer, County shall release" Lot 5 .from the Development Order and from the Conservation .Easement, by execution of a document which shall be recorded in the Public Records of Indian River- County, Florida. 4. Also simultaneously, Developer shall record a Declaration of Restrictive Covenants which will restrict the development of Lot 5 with the following standards: a. The combined pervious and storm water areas are not to be less than 44% of the total property area. No building or pavement shall be constructed within the southern most 75' of property (this area shall be used .for landscaping, water retention and signage). b. A minimum of six (6) specimen trees shall be preserved. c. No single building footprint shall exceed 7,200 square feet, and onsite buildings shall be separated by a minimum of 50 feet. d. State Road 60 criteria, parking, setbacks and buffers shall apply per code. 5. Attached hereto as Exhibit "C" is an example of a site plan which complies with the covenants described above. RedevGroupltRC Agreement 3 8 6. Developer acknowledges that in addition to the restrictions described above, all other provisions of the Indian River County Land Development Regulations applicable to site plan approval for Lot 5 shall apply. 7. This Agreement is contingent upon Developer's ability to deliver to County good and marketable title to either Property A or Property B (together with $291,819.00) on or before the date specified, failure of which shall operate as a termination of this Agreement (unless modified in writing by the parties), releasing each party from all obligations hereunder. 8. 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. 9. 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 Indian River County, Florida. Time shall be of the essence. 10. 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. 1 1. 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. 12. 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. 13. 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. 14. All words, teens; and conditions contained herein are to be read in concert each and with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 15, In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by -a court of competent jurisdiction, such declaration RedeyGrouprlRC ;agreement 389 of illegality or unenforceability shall .not affect or alter the legality, or enforceability of any remaining term, condition; or clause hereof; provided same does not frustrate the intention of the parties., as set forth in this Agreement. ; REDEVGROUP, INC., a Florida Profit Corporation f Wht N e' Its:��r,clo.rl WITNESS:% _ WITNESS: (Corporate seal is`�c�e able in place of witnesses) Redev Gro.apARC Agreement BOARD OF COUNTY COMMISI INDIAN RIVER COUNTY, FLOP By: Print Name: Its:. BCC Approved: June 12, 2018 Jeffrey R, Smith, Clerk of Court Atte t-4, and By: �h'�//l Deputy Clerk Name• A=.k au (Approved as to Form and Legal Sufficiency) 39% Exhibit "A" Parcel 1: Government Lot 4, Section 27, Township 33 South, Range 40 East, less the North 1,100 feet, less road right of way, and less and except that portion for Genesea Subdivision, recorded in Plat Book 11, Page 7, and less that portion for Oyster Bay Subdivision, recorded in Plat Book 12, page 96, Moth of the Public Records of Indian River County, Florida. Parcel 2: Government Lot 4, Section 28, Township 33 South, Range 40 East, less and except the North 1,100 feet thereof, lying and being in Indian River County, Florida. Parcel 3: The South 220 feet of the North 1,100 feet of Government Lot 4, Section 28, Township 33 South, Range 40 East, lying and being in Indian River County, Florida. Parcel 4: The South 110 feet of the North 880 feet of Government Lot 4, Section 28, Township 33 South; Range 40 East, lying and being in Indian River County, Florida. TOGETHER WITH an easement of ingress and egress for access over, across and through all of the streets, roadways and river crossovers forming part of the common areas of Oyster Bay Subdivision, as referenced in the Declaration of Restrictions for Oyster Bay Subdivision, recorded in Official Records Book 828, page 1165, of the Public Records of Indian River County, Florida. 391 Exhibit "B" From the Southwest corner of Government Lot 3, Section 11, Township 32 South, Range 39 East, Indian River County, Florida, run Northerly along the West boundary line of said Government Lot 3, a distance of 150.27 feet to a concrete monument, which said monument is the point of beginning; thence .run Easterly and parallel to the South boundary line of Government Lot 3, a distance of 1,170.04 feet, more or less, to the Indian River; thence meandering northwesterly along the Indian River, a distance of 490 feet, more or less, to a point, which said point is at the end of a line parallel to the South boundary line and 582.27 feet north, of the South boundary line of Government Lot 3; thence run Westerly and parallel to the South: boundary line of Government Lot 3, a distance of 908.61 feet, more or less, to a cast iron pipt located on the West boundary line of Government Lot 3; thence run South and along the West boundary line of Government Lot 3, a distance of 432 feet to a concrete monument which is the point of beginning, containing 10.30 acres, more or less, together with riparian rights thereunto appertaining, or littoral rights thereto. 392 Exhibit "C" 0 Igo ACCESS DRIVE 5 f ------ — � o fl 0I.I .e gra aaii A 111 o O TTI Iiio #i0 101 ._I � o IHI-J-1 1 : .o I iIY ° 91-17, � ° I o 1' I � Fg ► i FL IN04W RIVER MALL ! _ ACCESS DRIVE e � T f R . S 1I.DLCI ,II,M4[. �RFNY. 1Kimiey »Horn _ LOT5 SITE PLAN cW �5- hn. c.. Y.., -= .w.SAC--- 105 55557 an Y 7R wat..o, w!t iax aa.m h sww M.. W4. cou., m AjunoS4�j, �-+ Ise@ 0 i v •1 � t `NA, an .` '7t y;+4�,.'•'+ .chi ji'� r 'r Q . y.t d- >:..� M ,rf.AAk. Mm x'�'i- L'}r„ . [r +�;+�4^��' �r �`.Y �."ta y1��4'�. '.•r��" t '�v74t-'`�9 ry '4+a �i+r,.. �.;.�._.... z `E"•fi3alal��. ii4. , 4 � R � • 3 ,. R lu9w@se3 uoilenaasuoo aauuiN :c uoildo,y .i'. i• �SR��S*. lif 'R +w.! ri-. ��'iy1.��f {. ! All � F .(� w x ♦ r � .+i +�. i � § fly' tlq��.�4 •,.���'x''�f -� �m * � Ft y �'- .; �, ♦�ta� � �y . Y �.� R ,� � �. � � ���.1 i i � � ` �}. R j� s:X ;`♦.y s x � ? .s 1 � �, }, Lif w`* "i : `16 t� i�y� � .�y `'� .`r1' : �• ic� .; � , ] � �4 �r� '�. -�'# ia�M � d� A.s�2r� �' "+ v.� ;�=q ,fit N;♦'iYi� �:� �';:. �"°..�'. 4. �� "Y �. ,fit FIRST ADDENDUM TO AMEND AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND REDEVGROUP, INC. THIS FIRST ADDENDUM is made and entered into this day of , 2018, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer"). WITNESSETH WHEREAS, County and Developer entered into an Agreement dated June 12, 2018, ("Agreement"), and WHEREAS, County and Developer desire to amend the Agreement as described herein; NOW, THEREFORE, for in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, County and . Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Section 2 of the Agreement is hereby amended to read in its entirety: On or before December 20, 2018, Developer shall cause to be conveyed to the County title to one of the following described properties; free and clear of all liens, save property taxes and assessments which are not due: Option 1: "The Alice Siew Property", See Exhibit "A", attached hereto and made a part hereof Option 2: "The Kinner Property", See Exhibit "B" attached hereto and made a part hereof, together with $291,819.00. Option 3: That portion of the Alice Siew Property shown and described on Exhibit "C-1" attached hereto and made a part hereof. Simultaneously, Developer shall convey to the Indian River Land Trust the Kinner Property described above, subject to a conservation easement in favor of Indian River County over the western portion of the Kinner Property; as shown on Exhibit "C-2". 3. Except as amended or restated by this Addendum, the Agreement and all of its terms and conditions remains in full force and effect. 396 REDEVGROUP, INC., a Florida Profit Corporation By: Print Name: Its: WITNESS: WITNESS: (Corporate seal is acceptable in place of witnesses) 2 BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORII)k By: Print Name: Its: BCC Approved: F Attest: By: Name: (Approved as to Form and Legal Sufficiency) 397 m OEM Indian River Mall Lot 5 It , if , a �mqx p ws�!ma E01 'El El 0 13 13 41- . " U Indidn River Mall Lot 5 r ► Condition 17 of the Indian River Mall 1994 Development. Order: Conserve a 4.7 acre cabbage palm hammock (Mall ►Intent of hammock conservation requirement:, 3 ; -, :. A ► Provide for wildlife and habitat protection -xlip ► Prov de protection to' an endanger hand fern (no longeron er species tenance of SR -60's "quality entrance and gate er" June 12, 2018 RedevGroup Ag uu ipmgll�9ll Ali it t reem�'In Mall Lot 5 Conceptual Development Plan INDIAN RMR MALL RING ROAD --- - - - - - - - FV; C -D /7 W) STATE ROAD OD ArIACHMENT6 June 12, 2018 RedevGroup Agreement ► Alternative Property 1: "Alice Siew Property" ► Approximately 9.17 acres of riverfront coastal wetlands.north. of and adjacent to the Oyster Bar Marsh Conservation Area; OR ► Alternative Property 2: "Kinner Property" Approximately 10.3 acres of riverfront coastal wetlands south of 1401-q Proposed Addendum to Agreement, ► RedevGroup Request: allow a Third Alternative ("Option 3".1 for conservation land exchange (combination of portions .o# Alternative 1 (Siew property) and Alternative 2 (Kinner..Proper_ty): ► Redev Group conveyance of the entire ±10.3 acre Kinner property to the IRLT, with a County conservation easement over the western +8.8 acres; AND ► Title conveyance of ±7.87 acres of the Siew property to the.County (all.bu .the eastern ±1.3 acres) E u �' 1 Staff Recommendation: I q,61 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Maria Resto, Emergency Services Manager Department of Emergency Services DATE: August 20, 2018 SUBJECT: Request for Sole Source to Communications International Inc. for the Public Safety Communications System FX Software Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On August 9, 2016, the Board of County Commissioners approved Communications International, Inc., as a sole source for the public safety radio system P25 Migration Project based on the limited response to a Request for Information (#2016047). During the migration period, the county will be operating both the EDACS and the P25 radio systems concurrently to maintain a public safety level of service, stable operation and functionality until completion of the project. An integral part of the EDACS and P25 system is the FX Software. The FX Software provides enhancements and corrections to public safety EDACS and P25 backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. ANALYSIS: Communications International, Inc. is the manufacturers sole authorized service agent for the central and southwest Florida, which includes Indian River County. The proposed FX Software agreement will cover all necessary upgrades for the P25 system. The EDACS system will be covered under the same agreement at no charge until the EDACS system is taken out of service. FUNDING: Funding for the FX Software Services is an approved FY 17/18 budgeted expenditure and is available in the General Fund/Communications/Emergency Services/Computer Software account. Because the contract will be allocated over two fiscal years, a budget amendment will be necessary to roll-over the remaining balance into FY 2018/19. ITEM I AGREEMENT AMOUNT ACCOUNT NUMBER FX Software Services 1 $95,000.00 00110719-035120 . 402 RECOMMENDATION: Staff recommends the Board authorize the Chairman to execute the Public Safety Communications System FX Software Services Agreement with Communications International Inc. ATTACHMENTS: 1. Three (3) Original FX Software Service Agreement's for Execution 2. Harris/CI Sole Source Letter 3. FX Software Quote- 2018-2019 403 SOFTWARE FX AGREEIVIENT THIS SOFTWARE FX AGREEMENT ("Agreement") is hereby entered into between Harris Corporation, a Delaware Corporation, through its Communication Systems Segment ("Harris") and Indian River County, FL ("Subscriber") on the following terms and conditions: 1. SCOPE OF AGREEMENT During the term of this Agreement, as set .forth in Section 11, Harris agrees to provide Subscriber with the following: A. Harris Software Update benefits including software updates, documentation updates and other services, as set forth in Section 3 of this Agreement, for the software developed and provided by Harris and contained within the Subscriber's Designated Harris System(s) as described in Exhibit A to this Agreement; and B. Harris Security Update Management Service (SUMS) for the updating of security related patches, as set forth hi Section 4 of this Agreement, to the Subscriber's Designated Harris System(s) as described in Exbibit A#o this Agreement. 2. DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below. A. "Contract" means the Agreement for the purchase of the Designated System(s). B. "Current Software Release Levels" means the most recent Software release announced by Harris as being commercially available. "Commercially available" does not include interim releases provided as emergency fixes or software released for beta test or noncommercial or similar purposes. C. "Designated System(s)" means the Harris system(s) purchased by Subscriber and identified in Exhibit A to this Agreement. The Designated System does not include Third Party Software Products. Excluded Products or other systems to which the Designated System may be linked. D. `Enterprise Configuration" means a radio system level configuration that is capable of supporting large county, multi -county, regional or state-wide installations. E. "Excluded Products" means third Party Products contained in the customer's system that were not sold by Harris to Subscriber. F. "Harris Licensed Programs" means all. Harris Software programs and associated documentation nonexclusively licensed to Subscriber by Harris for use solely with Subscriber's Designated System. G. "Harris Software Updates" means any commercially available corrections, modifications or enhancements to the Licensed Programs generally released and/or provided by Harris. H. "Harris Authorized Dealer" means an entity authorized by Harris to sell certain Harris products and systems as an authorized dealer in accordance with the provisions, of a Dealer Agreement between Hands and such person or entity. I. "LAVA" Information Assurance Vulnerability Alert. An JAVA is an announcement of a computer application software or operating system vulnerability notification in the form of alerts, bulletins, and technical advisories identified by DoD-CERT, a division of the United States Cyber Command. J. "Optional Feature" means those Harris Software features, not currently contained in the Subscriber's Designated System, available for Current Software Release Levels that are available to Subscriber at an additional cost. 404 Page 1 of 10 l ill lso K. "Product Vulnerability Alerts" (PVAs) means security vulnerabilities reported against a product supplied by the Harris. Notifications of these PVAs are obtained from multiple sources; governmental, vendor, independent and open source databases. L. "PVA Evaluation" means the Harris's process for evaluation of a potential Product Vulnerability Alert affecting products provided by the Harris. M. "STIG" means Security Technical Implementation Guide. A STIG is a methodology for standardized secure installation and maintenance of computer software and hardware N. "Security Updates" means software updates that mitigate, address and/or resolve product security vulnerabilities in system components offered by the Harris. These updates may include Vendor Patches and/or Vendor Work-Arounds. O. "Security Update Distribution" means the Harris providing Security Updates to which the Subscriber is entitled under the terms of this Agreement, affecting components of the Subscriber's Designated System as defined in Exhibit A. P. "Software Updates" means all Harris provided software updates to either Harris designated SW system components or SUMS Software updates. Q. "SUMS" means Harris's Security Update Management Service. Harris's automated patch management system that provides periodic, security -related software updates. R. "SUMS Software Updates" means periodic, security -related software, including but not limited to, operating system updates, antivirus signatures, and other security related Windows-based 3rd party updates (Adobe, Java, Flash). S. "Tech -Link" is the technical information section of Harris's web site. Access is restricted to authorized subscribers via user ID and password login. T. "Third Party Software Products" means software owned by aparty other than Harris Corporation. U. "Vendor Patches" means software updates provided by third -party software vendors that mitigate, address and/or resolve PVA(s). V. "Vendor Work-Arounds" means configuration and/or procedural changes provided by third -party software vendors that mitigate, address and/or resolve PVA(s). U' II7'7 Y•YJQW�1i.'Z A. Harris Software Releases Included. With respect to each Licensed Program, and subject to the conditions of this Agreement, Harris will provide the Software Updates described below during the term of this Agreement. All Updates shall be shipped to Subscriber's Software FX contact designated in Exhibit A of this Agreement via protective packaging containing a quantity of programmed Software media necessary for Subscriber to fully implement the Software Updates within its Designated System. In addition, each shipment of Software Updates shall contain at least one set of Software release notes detailing the contents of the Software Update and providing installation instructions. i. Software Updates Upon Enrollment. As determined by the system audit described in Section 6.A.i. of this Agreement, Harris shall provide to Subscriber the Software Updates needed, if any, to bring the Licensed Programs within Subscriber's Designated System up to Harris' Current Software Release Levels. Such Updates will be provided at no additional cost to Subscriber provided Subscriber has enrolled in the Software FX program within the enrollment deadline specified in Section 9.A of this Agreement. fl. Subsequent Software Updates. During the term of this Agreement and subject to Subscriber's performance of its obligations, Harris shall provide to Subscriber Software Updates, released by Harris subsequent to Subscriber's enrollment in Software FX, for the Licensed Programs contained within Subscriber's Designated System. Such subsequent Software Updates may include: 405 Page 2 of 10 �rARRIS@ a. Enhancements and/or corrections to existing features for all Designated System backbone components and/or radios; b. New features or improvements to existing features implemented via the system components already contained within Subscriber's Designated System. B. System Level Release Documentation: Prior to the general release of a major system release by Harris for Harris Licensed Programs, Harris shall make available a system level release document announcing the impending release, and detailing its contents and impact, if any, on any other Harris hardware or Software components. Subscriber acknowledges that older hardware may not have sufficient capacity for the operation of the Software Updates. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES HARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT, AND SUBSCRIBER WAIVES ANY SUCH DUTY OR OBLIGATION BY HARRIS. 4. HARRIS SECURITY UPDATE MANAGEMENT SERVICE A. Security Update Distributions Inclusions. Subject to the conditions of this Agreement, Harris will provide periodic Security Updates described below during the term of this Agreement. All Security Updates shall be provided to Subscriber's contact designated in Exhibit A. Security Updates shall contain software necessary for the Subscriber to fully implement the Security Update within the Designated System and at least one set of Software release notes detailing the contents of the Security Updates and providing installation instructions. i. Security U_ dA ates Upon Enrollment. As determined by the system audit described in Section 6 -Ad. of this Agreement, Harris shall provide to Subscriber the Security Updates needed, if any, to bring the Licensed Programs within Subscriber's Designated System up to Harris' current security software release levels. Such updates will be provided at no additional cost to Subscriber provided Subscriber has enrolled in the Software FX program within the enrollment deadlines specified in this Agreement. ii. Subsequent SecuriV Updates, During the term of this Agreement and subject to Subscriber's performance of its obligations, Harris shall provide to Subscriber Security Updates that may include: a. Vendor Patches and/or.Vendor Work-Arounds, enhancements, corrections and/or changes, made by third -party software vendors to software included in Harris provided products subject to the Subscriber's right to receive the third -party software. The Subscriber may be required to have currently executed services/support Agreement(s) with third -party vendor(s) separate from this Agreement. B. SUMS Product Features Summga. a. Harris will use reasonable efforts to monitor pertinent governmental, vendor, independent and open source databases for PVAs, IAVAs, STIGs and for any subsequent resolutions that affect products provided by Harris that are part of the Subscriber's Designated System. b. Harris will make every reasonable effort to verify that the PVA, IAVA, and STIG resolutions, Vendor Patches and/or Vendor Work-Arounds, do not adversely affect Harris' stated performance of the Subscriber's Designated System. c. Harris will provide Security Update Distributions to the Subscriber at periodic intervals targeting bi-monthly releases. The interval shall be determined solely by Harris. More frequent Security Update Distributions may be required to address urgent product security vulnerabilities. Security Update Distributions on other than a bi-monthly basis do not constitute a contractual default by Harris. d. Harris will provide Security Update Distributions in a means suitable for use on the target devices of the Subscriber's Designated System. Optional On -Site Support Services may be contracted by the Subscriber, outside of this Agreement, through Harris or Harris' Authorized Dealer as set forth in Section 6.A.iv. 406 Page 3of10 ItIS° e. Prior to the general release by Harris of any Security Updates, Harris shall make available a SUMS Product release document announcing the impending release, and detailing its contents and impact, if any, on any other Harris hardware or Software components. Subscriber acknowledges that older hardware may not have sufficient capacity for the operation of the Software Updates. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES HARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT, AND SUBSCRIBER WAIVES ANY SUCH DUTY OR OBLIGATION BY HARRIS. f. Harris will provide with each Security Update Distribution a Security Release Notes document. This document will detail the PVA resolutions and/or mitigation addressed by this release, installation and installation recovery procedures and software and hardware compatibility information where applicable. g. Automated Security Update Distribution Services. Subscriber shall be responsible for providing the necessary hardware and licenses to run the automated distribution of Security Updates. This hardware shall be part of Subscriber's Designated Harris System or purchased at Subscriber's expense from Harris prior to the initialization of this Software FX Agreement. As set forth in Section 9.C. of this Agreement, it shall be the Subscriber's responsibility to.complete the security update process on the target devices (e.g. rebooting the target devices) following the Patch Application instructions in the Release Notes accompanying each Security Update Distribution. Optional On -Site Support Services may be contracted by the Subscriber, outside of this Agreement, through Harris or Harris' Authorized Dealer as set forth in Section 6.A.iv. h. Assessment Reporting. For those PVAs monitored by t Harris as stated in Section 4.B.a., Harris will provide responses assessing the effects of the monitored PVAs on the LMR system and stating Harris's recommendations for required actions. Access to the PVA assessments will be granted through Tech -Link, a restricted web site maintained by Harris. Harris does not guarantee assessment response time, but will make reasonable efforts to provide timely assessment responses. 5. SOFTWARE RELEASES NOT INCLUDED A. Software Releases Not Included. The following Software releases are not included within the terms of this Agreement: i. New Products. Any Software products released by Harris for which an earlier generation or release level is not already contained within Subscriber's Designated System. If Subscriber wishes to implement such Software products within its Designated System, it will need to license such products at the fees then in effect and purchase any necessary compatible hardware for operation of such Software. ii. Third Party Software. To the extent that such Third Party Software Products are available and compatible with the Designated System, Harris reserves the right to charge an additional fee for upgrades to software programs that are licensed by a third party for use with the Harris system yet are not the property of Harris. The Subscriber may be required to have currently executed services/support Agreement(s) with third -party vendor(s) separate from this Agreement. Subscriber must provide evidence of a current services/support Agreement at the Harris's request. 6. SOFTWARE SERVICES INCLUDED A. Services Included. Subject to the terms and conditions of this Agreement and Subscriber's compliance therewith, Harris will provide to Subscriber the services described below. i. System Configuration Baseline and Documentation Update. As part of the initial enrollment process for Software FX, Harris may deem it necessary to conduct a system audit of Subscriber's Designated System(s) to be covered under this Agreement. If said audit is required, Harris, or its Authorized Dealer will conduct the audit. This audit will be used to verify Subscriber's first-year Software FX Fee and to determine the Software release levels for Licensed Programs contained within Subscriber's Syat Page 4 of 10 ,�Armjsr@ the time of enrollment, together with any hardware updates necessary to accommodate Software Updates. ii. Installation Phone Support Subscriber's Software FX subscription shall include telephone support by Harris' Technical Assistance Center (TAC) personnel with respect to the installation of Software Updates. Such support will be available during Harris' normal business hours (8:00 a.m, to 5:00 p.m. Eastern Standard Time Monday through Friday, excluding holidays) and for a period of ninety (90) days from the date the Software Update is released to Subscriber. After-hours emergency support will be available through Harris optional System Maintenance services at prices then in effect, provided that Subscriber is in compliance with the terms of this Agreement. iii. Upgrade Planning. If Subscriber is in compliance with the terms of this Agreement and its Designated System is classified as an Enterprise Configuration, Harris or its Authorized Dealer shall provide an annual consultation service to review Harris' planned Software releases and evaluate the operational and financial impact such releases may have on Subscriber's Designated System. If Subscriber is in compliance with the terms of this Agreement and its•Designated System is classified below 'an Enterprise Configuration, upgrade planning is not included within the terms of this Agreement but can be obtained from Harris at the rates then in effect for such service. iv. On -Site Services. Initial Installation Services are optionally available, outside of this Agreement, through Harris or its Authorized Dealer provided that Subscriber is in compliance with the terms of this Agreement. v. Tech -Link. Tech -Link is the restricted access, technical information section of Harris's web site. Harris will provide FX subscribers access, via user ID and password authorization, to FX and SUMS release documentation and downloadable distribution media. Harris will also provide additional authorization to allow subscribers to view PVA, LAVA, and STIG assessment recommendations described in Section 4.B.a. 7. SOFTWARE SERVICES NOT INCLUDED Services Not Included. The following services/products are not included within the terms of this Agreement: i. Hardware Up rg ades. In the occasional event that a Software Update released requires a corresponding hardware change, Subscriber will need to purchase separately the compatible hardware required. Harris will endeavor to notify Subscriber in advance via the system level release documentation or, if applicable, via Software FX's upgrade planning.service of any hardware changes needed in order to implement a Software Update. No such notice will be given for Third Party Software Updates or Excluded Products, and no hardware upgrade may be available. ii. Software Update Installation. Installation of Software Updates for terminal products, Software Updates for infrastructure, and Security Updates by Harris are not included, but such installations may be obtained from Harris or its Authorized Dealer at the rates then in effect for such service, provided that Subscriber is in compliance with the terms of this Agreement. iii. Optional Support Set -vices. Other Software support services Subscriber may require, including, but not limited to, training, customized software programming or troubleshooting through Harris's Technical Assistance Center are outside the scope of this Agreement but may be obtainable through other programs offered by Harris. 8. SOFTWARE DISTRIBUTION AND INSTALLATION All Software Updates shall be provided to Subscriber's contact designated in Exhibit A. In addition, each shipment of Software Updates shall contain at least one set of Software release notes detailing the contents of the Sofhvare Update and providing installation instructions In the event any Software .media contained within Subscriber's Designated System incurs damage, whether from acts of Nature or human error, Harris shall provide replacements for such Software to Subscriber at no additional charge, subject to the terms and conditions of this Agreement. 408 Page 5 of 10 js 9. CONDITIONS FOR SERVICE A. Enrollment Deadline. Subscriber agrees to enroll in Software FX no later than sixty (60) days after the earlier of (i) the first expiration date of the warranty provided by Hatris for any component of Subscriber's Designated System,. or (ii) the first expiration date of the warranty provided by Harris for any of the Software within Subscriber's Designated System. If either such warranty already has expired when Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period in which to enroll in Software FX. A Subscriber meeting the enrolhnent deadline will receive, at no additional charge as described in Sections 3.A.i. and 4.AJ of this Agreement; the Software Updates needed to bring its Designated System up to Harris's Current Software Release Levels to the extent the Designated System hardware is compatible with such Software Updates. B. Subscriber Contact. Harris requests that Subscriber identify its Subscriber Contact in Exhibit A. Subscriber shall designate a person with sufficient technical expertise to be able to interact knowledgeably with Harris's technical support personnel. To the maximum extent practicable, Subscriber's communications with Harris (with regard to the Software Updates provided under this Agreement) should be through the Subscriber Contact. C. Installation. Subscriber agrees to properly install the Software Updates provided by Harris in order of receipt from Harris. Subscriber understands that Software support provided by Harris is limited to Harris's Current and current minus 1 Software Release Levels of Licensed Programs for the Designated System. D. Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by Harris, for backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing on and/or in such Update and will label all copies with all information, including part numbers and revision levels, provided on the set of media provided by Harris. Nothing herein grants Subscriber any right to sublicense any Software or to distribute copies to any other person, and such sublicensing and distribution is expressly prohibited. E. No Modification of Software. Subscriber agrees not to modify, enhance or otherwise alter any Software unless specifically authorized in the user documentation provided by Harris with such Software Update or unless the prior written consent of Harris is obtained. Under no circumstance shall Subscriber create or permit the creation of any derivative work from any Software or the reverse engineering or replication of any Software. F. Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms of this Agreement and any Contract then in effect between Harris and Subscriber. G. Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to Harris, acting as the Subscriber's agent or to a person or entity authorized by Harris, all approval rights relating to the selection of Vendor Patches. All approvals given to thud -party vendors by Harris acting as the subscriber's agent under the terms of this AGREEMENT shall be deemed as being granted by the Subscriber. 10. FEES, TERMS OF PAYMENT & TAXES A. SOFTWARE FX Fee. Subscriber agrees to pay Harris or its Authorized Dealer an annual Software FX Fee, in the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, for Software FX services provided during the term as defined in Exhibit A. Subsequent years' Software FX Fees, beyond Subscriber's first-year fee specified in Exhibit A, may or may not remain at the same rates. Any significant changes made to Subscriber's Designated System(s) configuration will be reflected in the following year's Software FX Fee. If Harris's rates for Software FX should increase, Subscriber will be notified in writing of any such increases at least one hundred twenty (120) days prior to the end of Subscriber's yearly Software FX period then in effect. B. Other Charges. Subscriber understands that if it chooses to delay its enrollment in Software FX beyond the deadline described in Section 9.A. of this Agreement, Subscriber will need to license, at the applicable fees 409 Page 6 of 10 1,"JFM1 o then in effect, the initial Software Updates needed to bring its System up to Harris's Current Software Release Levels, as well as any hardware which may be required to accommodate such Updates. C. Due Date. Subscriber's first-year Software FX Fee will be invoiced upon receipt of this Agreement signed by Subscriber. Payment will be due thirty (30) days from the date of the invoice. Subscribers subsequent years' Software FX Fees will be automatically invoiced sixty (60) days prior to the commencement of the subsequent year's term. Payment of all amounts due is a condition precedent to Harris providing any future Software Updates or other services. D. Taxes. In addition to all fees specified herein, Subscriber shall pay the gross amount of any present or future sales, use, excise, value-added, or other similar tax applicable to the price, sale or delivery of any products or services furnished hereunder or to their use by Subscriber, unless Subscriber shall otherwise furnish Harris with a tax -exemption certificate acceptable to the applicable taxing authorities. E. Discontinuance. Subscriber understands that if Subscriber discontinues and then subsequently resumes participation in the Software FX Program, Subscriber will be required to pay a re-entry fee for any benefits provided to Subscriber upon re-entry to the Software FX Program plus the Software FX Fee for the term then commencing. 11. TERM & TERMINATION A. Software FX services will be provided by Harris to Subscriber for an initial one-year term, as defined in Exhibit A to this Agreement, and thereafter on a year-to-year basis as provided herein, subject to prior payment in full of all outstanding fees and charges at the time of renewal and compliance with the provisions of this Agreement. B. Provided Subscriber is then in frill compliance with all of its obligations, Subscribers Software FX enrollment shall be automatically renewed on a succeeding yearly basis thereafter unless either party notifies the other in writing, at least ninety (90) days prior to the end of the yearly period then in effect, that this Agreement will not be renewed. C. Harris shall have the right to suspend or tenninate this Agreement upon thirty (30) days' prior written notice if Subscriber fails to pay any fees or charges due hereunder or if Subscriber commits any other breach of this Agreement or commits any breach of any applicable Software license Agreement for any Licensed Program being supported under this Agreement, any contract between Subscriber and Harris or any other obligation of Subscriber to Harris or any of its affiliates. D. Harris shall have the right to discontinue providing Software FX services (including Updates) for any Licensed Program supported under this Agreement. Software Updates may be discontinued at any time at Harris's discretion. Other services shall not be discontinued without at least ninety (90) days' prior written notice by Harris to Subscriber. Notwithstanding any other provision of this Agreement, as Subscriber's sole and exclusive remedy Harris will provide a pro -rata refund of Subscriber's annual SoftGvare FX Fee if Harris elects to discontinue providing Software FX services for any Licensed Program supported under this Agreement. E. Except as provided in Section I I.D. above, under no circumstances (including any termination of this Agreement) shall any fees paid pursuant to this Agreement be refundable once paid by Subscriber. 12. LIMITATION OF LIABILITY EXCEPT FOR PERSONAL INJURY OR DEATH, HARRIS' TOTAL LIABILITY ARISING FROM THIS AGREEMENT WILL BE LIMITED TO THE AGGREGATE AMOUNT OF SOFTWARE FX FEES PAID TO HARRIS UNDER THIS AGREEMENT. 13. GOVERNING LAW AND DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its rules pertaining to conflict of laws. Subscriber consents to the personal jurisdiction of the state and federal courts in the Commonwealth of Virginia. By entering into this Agreement, Harris and Subscriber hereby 410 Page 7 of 10 �K�Jls 0 expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of this Agreement. 14. NOTICES All notices required or permitted hereunder shalt be in writing and shall be deemed validly given upon being hand delivered, or upon receipt if sent by facsimile, e-mail or if mailed by certified mail, return receipt requested, to Subscriber at the address set forth in Exhibit A or to Harris Corporation at 221 Jefferson Ridge Parkway, Lynchburg, VA. 24501, Attention; Software Services Group, or to such other address as either party may designate to the other in writing. 15. ENTIRE AGREEMENT, EXECUTION AND MODIFICATION A. This Agreement contains the entire and only Agreement between the parties concerning the subject matter hereof, and all prior representations and understandings in connection with the subject matter hereof are superseded and merged herein, and any representation or understanding not incorporated herein shall not be binding upon either party. B. This Agreement shall not become effective until signed on behalf of Harris by one of its officers or by an executive duly authorized by Harris's Vice President. No change, modification, ratification, rescission, or waiver of this Agreement or any of the provisions hereof shall be binding upon Harris unless made in writing and signed on its behalf in like manner. C. HARRIS DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SOFTWARE OR SERVICES OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT, .AND DOES NOT AUTHORIZE ANY PERSON (INCLUDING HARRIS'S RC.E'S OR SUBCONTRACTORS OR SUPPLIERS) TO ASSUME FOR HARRIS ANY OTHER OBLIGATIONS OR LIABILITIES. [Signature Page Follmvs] 411 Page 8 of 10 IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. HARRIS: HARRIS CORPORATION COMMUNIC TION SYSTEMS SEGMENT By: ) J� Lon Name: Harriet Jefferson Title: Senior Specialist, Contracts Date: August 17, 2018 SUBSCRIBER: INDIAN RIVER C OUNTY, FL. By: Name: Title: Date: Page 9 of 10 412 EXHIBIT A DESIGNATED SYSTEM 1. Terfn of Sofavare FX Agreement. The services, as described in the Software FX Agreement to which this Exhibit A is attached, will be provided for the initial period beginning and ending and will be automatically renewed for one-year periods thereafter pursuant to Section 11 of the Ab eement. 2. Designated System Fees. The Designated System(s) for which the Software FX Agreement will apply is (are): System Name System Classification FX Option FX Fee Indian River County, FL P25 — SR10 MASS-BSN6J $95,000.00 Subscriber's subsequent years' Software FX Fees will be determined in accordance with Section 10.A. of the Agreement. 3. All Notices and Software Updates under this Software FX Agreement are to be provided by Harris to Subscriber under this Agreement are to be sent to: Contact's. Naive: Company Name: Title: Address: (Do not use P.O. Boxes) Telephone: Email Address: Maria Resto Indian River County Emergency Management 4225 43`d Avenue Vero Beach, FL 32967 Page 10 of 10 413 �KRR/S January 21st, 2018 Maria Resto Radiological Emergency Analyst Indian River County 4225 43rd Street Vero Beach, FL 32967 RE: Communications International Dear Ms. Resto, HARRIS CORPORATION RF Communications 221 Jefferson Ridge Parkway Lynchburg, Virginia 24501 www.pspc.hards.com This letter is to certify that Communications International, Inc. is the sole authorized sales and service agent for Harris Corporation PSPC for central and southwest Florida which includes Indian River County. Communications International is both a Regional Center of Excellence (RCE) and Authorized Service Center (ASC) and is in good standing with Harris Corporation. If you have any further questions or concerns I encourage you to call me at (954) 214-5783. Truly yours, j Jose Luis Vasquez Sales Account Manager— Florida Harris RF Communications Division iose.vasguez(ilharris.com (954)214-5783 414 assuredcommunicatione 0 COMMUNICATIONS INTERNATIONAL Indian River County Emergency Services 4225 43`d Ave Vero Beach, FL 32967 Attn: Maria Resto 7/16/2018 Subject- 2018-2019 FX Agreement Maria attached is the new quote for FX services for August 15Y, 2018 to July 311t, 2019. As discussed the FX Services Agreement did go up this year due to the addition of the equipment listed below. This equipment is part of the current IRC P25 migration. The P25 system is more software driven so FX services/support which include the SUMS (Security Update Management Service) updates will be very important going forward. Even more so than it was with the EDACS system which is more hardware driven. NSC A — Switch located at the EOC HMA Router (for home agent. Terminal data) IFW (Internet Firewall) RAR (Cisco layer 3 switch) WAR (Cisco Router) VAS A (VMware virtual servers) Secure Synch clock NSC B — Switch located at the South Site HMA Router (for home agent. Terminal data) IFW (Internet Firewall) RAR (Cisco layer 3 switch) WAR (Cisco Router) VAS A (VMware.virtual servers) Secure Synch clock DACS Migration Gateway SMT (System Management Terminal) Quorum PC (for the RSM Pro Servers) 6 UAC Cards (Interop Gateway). 2 UAC Chassis SAR (Site router for Interop gateway) SAS (switch for Interop gateway) Symphony Consoles 2 Symphony consoles at Vero PD 2 Symphony consoles at Sebastian PD 5 Symphony consoles at IRC Sheriff's Office 2 Symphony consoles at IRC EOC 415 4450 US Highway 1 I Vero Beach, FL 32967 1 p 1.888.ask.4cii I p 772.569.5355 1 ask4ci.com 0 COMMUNICATIONS INTERNATIONAL Going forward the FX Agreement will be for the P25 system, the EDACS system will be covered under the same agreement at no charge until the EDACS system is taken out of service. Also please note that as part the P25 migration more equipment will be added in the. next few years that effect the FX Services Agreement pricing. Respectfully, Y4 WW&g"n Jeff Willingham Regional Manager Communications International Inc. 4450 U.S Hwy 1 Vero Beach, FL 32967. 772-794-4242 Cfc 772-794-4248 Fax 772-473-2557 Cell 416 4450 US Highway 1 1 Vero Beach, FL 32967 1 p 1.888.ask.4cii I p 772.569.5355 1 ask4ci.com ° Project quotation confirmation COMMUNICATIONS INTERNATIONAL An Employee Owned Company Page 1 of 1 Communications International Quotation Number Q00003518 4450 US Highway 1 Date 07/16/2018 VERO BEACH, FL 32967 Expiration Date 08/11/2018 Terms of Payment N30 Customer Contact Customer PO . Salesperson Jeffery L Willingham Quotation Name IRC Emergency Services - EOC Customer (Bill to) Customer Site (Delivery address) IRC Emergency Services - EOC IRC Emergency Services - EOC Emergency Services Dept Emergency Services Dept Radio Systems Manager Radio Systems Manager 4225 43rd Avenue 4225 43rd Avenue VERO BEACH, FL 32967 VERO BEACH, FL 32967 Description IRC -Harris FX Agreement for the period of August 1st, 2018 to July 31st, 2019. Quotation Description Item Quantity Unit Price Discount Discount Extended Line Percent Amount Price Item P25NIDA Software Services - 1 MASS-BSN6J 1.00 95,000.00 0.00 0.00 95,000.00 Year Sales subtotal amount Sales tax amount Net amount 95,000.00 0.00 95,000.00 By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ci.com/termsconditions Order Acceptance - Please sign below Printed Name Signature Date 417 [e) _'8_q�' INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency. Services DATE: August 23, 2018 SUBJECT: Approval of an Interlocal Agreement between the Indian River County Board of County Commissioners and the School Board of Indian River County Concerning Public Evacuation Shelters It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: This Interlocal Agreement concerns the use of facilities and payment of school district employees working at public evacuation shelters for declared state and local emergencies. Pursuant to Section 252.38(I)(d), Florida Statutes, during a declared state or local emergency and upon the request of the director of a local emergency management agency, the School Board shall participate in emergency management by providing facilities and the necessary personnel to staff such facilities. Indian River County Emergency Management utilizes 15 public schools as public evacuation shelters to protect the public during an emergency evacuation. This agreement formalizes details such as responsibilities, staffing, transportation, and reimbursement associated with the activation of our public evacuation shelters. RECOMMENDATION: Staff recommends approval of the Interlocal Agreement between Indian River County and the School District of Indian River County. ATTACHMENTS: 1. Two (2) copies of the Interlocal Agreement for execution. 418 AN INTERLOCAL AGREEMENT BETWEEN THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY CONCERNING USE OF FACILITIES AND PAYMENT OF SCHOOL EMPLOYEES WORKING AT PUBLIC SHELTERS BUILDINGS FOR DECLARED STATE AND LOCAL EMERGENCIES This Interlocal Agreement (the "Agreement") is made and entered into this day of , 2018, (the "Effective Date") between the Indian River County Board of County Commissioners, (the "COUNTY") and the School Board of Indian River County (the "SCHOOL BOARD"). WHEREAS, Section 163.01, Florida Statutes, known as the 'Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part 1 of Chapter 163, Florida Statutes permits "public agencies" as defined in Section 163.01(3Xb), to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which. each might exercise separately; and WHEREAS, the Florida Legislature has found that safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision of the state; and WHEREAS, pursuant to Section 252.38(I)(d), Florida Statutes, during a declared state or local emergency and upon the request of the director of a local emergency management agency, the School Board shall participate in emergency management by providing facilities and the necessary personnel to staff such facilities; and WHEREAS, the COUNTY and the SCHOOL BOARD, together constituting the "Parties" to this Agreement, mutually desire that the SCHOOL BOARD make available certain school facilities for emergency shelters and the personnel, to staff such shelters. NOW, THEREFORE, in consideration of the mutual promises. contained herein, it is agreed between the Parties as follows: 419 1. Recitals The Parties agree that the foregoing recitals are true and correct and are incorporated herein by this reference. 2. Purpose The. SCHOOL BOARD agrees, that after meeting its responsibilities to pupils, it will permit upon .request of COUNTY, the use of specific mutually agreed upon public school facilities set forth in Exhibit "A" (excluding the COUNTY Special Needs Shelter), attached hereto and made a part hereof, by COUNTY as emergency shelters in advance of a potential emergency and during and after an emergency. Use of the public school facilities as shelters shall be in accordance with all applicable laws, ordinances and SCHOOL BOARD policies, including but not limited to prohibitions against the possession and/or use of firearms, tobacco products and illegal drugs on SCHOOL BOARD -owned property. The SCHOOL BOARD shall have the absolute discretion to remove from a shelter any member of the public who violates any of the applicable laws, ordinances or SCHOOL BOARD policies. The County will annually, before hurricane season, meet with School Board staff to discuss which of the designated shelters will not be available to serve as a general public shelter. The County shall coordinate with the School Board staff as to which school facilities are utilized and when such facilities shall be open and closed. During a localized Emergency Event, affecting only a portion of Indian River County, the County will utilize non -School Board buildings as shelter facilities whenever possible. The COUNTY will have the responsibility to determine when shelters will be closed after.an emergency event. 3. Staffing The SCHOOL. BOARD agrees to operate, supervise and staff the shelters with SCHOOL BOARD personnel, including but not limited to: cafeteria staff, facilities' maintenance staff, custodians, and appropriate administrative staff as mutually acceptable to the COUNTY and SCHOOL BOARD. Disaster related roles and a staffing plan will be described for these staff members in a separate Suggested Operating Procedures document. The SCHOOL BOARD will be responsible for making sure personnel have any required or recommended Just -in- Time, American Red Cross training. 4. Emergency Medical Services The County agrees to staff each activated shelter with a minimum of two Emergency Medical Technicians (EMTs) to provide emergency medical services within the facility should the need arise. 5. Law Enforcement The COUNTY shall coordinate with the Indian River County Sheriff's Office to provide at least one law enforcement officer at each public shelter while the shelter is being utilized under this Agreement. 420 6. Transportation The SCHOOL BOARD shall provide transportation assistance to the COUNTY, including the use of its vehicles and personnel, as deemed necessary by the COUNTY before and during an emergency event. In the event, the SCHOOL BOARD cannot provide enough drivers, the COUNTY may provide its own drivers, as long as such drivers have a CDL license or are drivers within the County's Fire Rescue Division. 7. Reimbursement The COUNTY shall be responsible for reimbursing the SCHOOL BOARD for all reasonable and necessary costs and expenses incurred by the SCHOOL BOARD in providing the school facilities pursuant to the COUNTY's request in accordance with the Shelter Plan (referred to in Item 3. Staffing, above), except that SCHOOL BOARD employees' regularly scheduled salary will not be reimbursed and the COUNTY will not be responsible for reimbursing the SCHOOL BOARD for the administrative costs incurred by the SCHOOL BOARD. In the event a disaster has been declared, the COUNTY shall submit its claims for reimbursement directly through the Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program. The COUNTY will submit project worksheets ('PW') to FEMA for approval of eligible project expenses. The SCHOOL BOARD shall provide any information requested by the COUNTY in support of completing the PW. The COUNTY will bear the risk that. FEMA does not approve full reimbursement of expense or that a disaster is not declared. The SCHOOL BOARD shall submit an invoice documenting all reasonable and necessary costs and expenses incurred by the SCHOOL BOARD in providing the school facilities pursuant to the COUNTY's request and in accordance with the Shelter Plan to COUNTY through its Office of Management and Budget. The COUNTY may require reasonable additional documentation of costs and expenses sufficient to document the expenditures per the COUNTY's Office of Management and Budget. Reimbursement requests will normally be paid within thirty (30) days following the COUNTY's receipt of the invoice(s), but in no event more than sixty (60) days, unless the COUNTY formally disputes in writing some or all of the costs and expenses as set forth herein . Notwithstanding the forgoing, the COUNTY shall reimburse all undisputed costs and expenses not later than sixty (60) days from receipt of the invoice. If the COUNTY disputes a cost or expense, the COUNTY shall within fifteen (15) days of receipt of the invoice, provide the SCHOOL BOARD with a written explanation of the basis of the dispute with regard to the disputed cost or expense and the parties shall attempt to resolve the dispute in accordance with the provisions of Chapter 164, Florida Statutes. SCHOOL BOARD staff overtime costs, which includes straight time pay and time and one-half pay, will be reimbursed in accordance to the SCHOOL BOARD'S Policy 4410.0 1, Compensation for Declared Emergency, as amended from time to time. The COUNTY will not reimburse for the SCHOOL BOARD employees'.regularly scheduled salary. The SCHOOL BOARD will submit an invoice to the C 0 U N T Y'S Office of Management and Budget with supporting documentation that will include employee name, job title, status (exempt, non-exempt, bargaining unit), 421 FT/PT, hourly rate, benefit rate breakdown, regular and overtime hours separately, copies of time sheets, and purpose of work. 8. Liability By this Agreement, the SCHOOL BOARD recognizes that for the purposes stated, the SCHOOL BOARD is an active participant with COUNTY in this community service endeavor. Each are cognizant of the provisions of Chapter 252, Florida Statutes, pertaining to "Emergency Management," particularly Section 252,51, Florida Statutes, insulating both the SCHOOL BOARD and COUNTY from liability due to death of or injury to, any person on or about emergency shelter premises or for loss of, or damage to, the property of any such person unless the gross negligence or the willful and wanton misconduct of one of the Parties is the proximate cause of such death, injury, loss or damage occurring during such sheltering period. In addition to the COUNTY's reimbursement of the SCHOOL BOARD costs and expenses set forth above, the COUNTY shall reimburse the SCHOOL BOARD for the actual cost to repair or replace SCHOOL BOARD -owned real and personal property that is lost or damaged as a result of the use of the school facility as an emergency shelter, unless such loss or damage is caused by SCHOOL BOARD employees and unless it was caused by the actual disaster (e.g., hurricane related property damage, etc.). The SCHOOL BOARD shall promptly notify the COUNTY of any such loss or damage and COUNTY shall reimburse the SCHOOL BOARD within sixty (60) days of the receipt of invoice. If the COUNTY disputes a cost of repair or replacement, the COUNTY shall within fifteen (15) days of receipt of the invoice, provide SCHOOL BOARD with a written explanation of the basis of the dispute with regard to the disputed repair or replacement and the parties shall attempt to resolve the dispute in accordance with the provisions of Chapter 164, Florida Statutes. 9. Indemnification Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the Parties recognize their respective tort liability for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee acting within the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as; i) a waiver of any right, defense or immunity that the Parties have under Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party hereto to indemnify the other; or iii) consent by either Party to be sued by third parties. Each Party covenants to maintain sufficient general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Agreement. 10. Insurance The Parties warrant that they are self-insured and agree to maintain general liability insurance as required by law. The Parties further agree to provide each other with a copy of said insurance certificates. 422 11. Non -Discrimination The Parties shall not unlawfully discriminate against any individual on the basis of his or her race, age, religion, ancestry, color, ethnicity, gender, national origin, marital status, familial status, disability, sexual orientation, genetic information, or gender identity or expression with respect to any activity occurring or under this Agreement. 12. Modifications This Agreement may be modified or amended only by mutual written consent of the Parties. Notwithstanding the foregoing, the Parties agree that Exhibit "A" may be amended or supplemented from time to time upon the mutual written agreement by the Superintendent and the Director of the COUNTY'S Emergency Management without formal amendment hereto. 13. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either Party shall be deemed an employee of the other Party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. 14. No. Third Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 15. Pre -Emergency Event Responsibilities The School Board will be responsible for performing an inventory and inspections of public shelters prior to an emergency event. Photographs shall be taken to document and strengthen post -disaster reimbursement claims. 16. Post -Emergency Event Responsibilities The School Board will be responsible for identifying and reporting all of its disaster - related damage to the County as soon as possible for inclusion in the County's Public Assistance Damage Assessment for the purpose of determining Public Assistance eligibility. Utilizing the School Board's chosen vendor, the County will be responsible for reimbursing the School Board for cleaning the carpets at the school facilities that are utilized as public shelters. All other required cleaning will be performed by the School Board, the costs of which will be included in the invoice to the COUNTY for reimbursement. 17. Execution, Term and Termination The term of this Agreement shall commence upon the Effective Date and shall remain in effect until March 31, 2022, or sooner if replaced by a substitute agreement or otherwise terminated in accordance to this paragraph. This Agreement may be terminated with or without cause by either party to the 423 Agreement by providing at least one hundred eighty (180) days prior written notice to the other party, but in no event shall this Agreement terminate during the period of June 1 through November 30 of each year ("Hurricane Season"), or during any COUNTY declared state of emergency. A notice of termination shall be held in abeyance until the conclusion of the Hurricane Season or a declared state of emergency. 18. Notice Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Indian River County: County Administrator 1801 27th Street, Building A Vero Beach, FL, 32960 School Board: The School Board of Indian River County Attn: Dr. Mark J. Rendell 6500 57th Street Vero Beach, FL 32967 19. Choice or Law and Venue The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 20. Prior Agreements This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. In addition, notwithstanding any other provision set forth herein, it is agreed that this Agreement shall not constitute a third party beneficiary contract and no third party, even if referenced or mentioned hereunder, shall have any rights or privileges hereunder 424 including, but not limited to, standing to enforce any term or condition of this Agreement or make any claim based on this Agreement. . 21. Construction/Interpretation of Agreement Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. 22. Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this. Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 425 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey R. Smith, Clerk of Courts, and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator THE SCHOOL BOARD OF INDIAN RIVER COUNTY By: Shawn Frost, Chairman Date Approved: Attest: By: Mark I Rendell, Ed.D., Superintendent BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ("County") By: Peter B. O'Bryan, Chairman Approved by BCC: Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 426 Exhibit "A" Indian River County Public Shelter List OR[O4' # South County, Indian River Academy 500 20th Street SW Vero Beach, Florida 32962 Oslo Middle School 480 20th Avenue SW Vero Beach, Florida 32962 Osceola Magnet School 111018th -Avenue S.W. Vero Beach, Florida 32962 Central `County: Gifford Middle School 4530 28" Court Gifford, Florida 32967 Indian River County 2018 PRIMARY SHELTER LIST Glendale Elementary School 4940 8th Street Vero Beach, Florida 32960 V.B.H.S. Freshman Learning Center 150719th Street Vero Beach, Florida 32960 Vero Beach Elementary School 1770120'Street Vero Beach, Florida 32960 North County: Fellsmere Elementary School 50 North Cypress Street Fellsmere, Florida 32948 Pelican Island Elementary School 1355 Schumann Drive Sebastian, Florida 32958 Sebastian Elementary School 400 County Road 512 Sebastian, Florida 32958 Sebastian River Middle School 9400 County Road 512 Sebastian, Florida 32958 Sebastian River High School 9001 90'" Avenue Sebastian, Florida 32958 Storm Grove Middle School 6400 571" Street Vero Beach, Florida 32967 **SPECIAL NEEDS SHELTER" \ � Treasure Coast Elementary School e ba Street Sebastian, n, Florida 32958 Pre -registration required: Call 772-226-,3900 for information. **PE T-FRIENDL Y SHELTER Liberty Magnet School 6850 81" Street s Vero Beach, Florida 32967 Call 772-388-3331, bd. 10 for informatfon� 427 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Comer, Assistant County Attorney l3A County Attorney's Matters B. C. C. 9.11.18 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Dylan Reingold, County Attorney��—' DATE: August 24, 2018 SUBJECT: City of Fellsmere — Sebastian River Improvement District Conflict Resolution BACKGROUND. On August 16, 2018, the City of Fellsmere (the "City") City Council (the "Council") adopted Resolution 2018-18 (the "Resolution") initiating the conflict resolution procedures with the Sebastian River Improvement District (the "SRID") under Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act (the "Act"). In the Resolution, the Council stated that the SRID has proposed to impose discharge limitations for properties in the Lateral D. watershed, including those properties located within the City, on a case-by-case basis. In the Resolution, the Council has disputed SRID's authority to regulate stormwater discharges from the Lateral D watershed into the Lateral D Canal. Thus, the Council adopted the Resolution initiating the procedures under the Act. Pursuant to section 164.1052, Florida Statutes, within five days after the passage of the Resolution, the Council must send a letter and a certified copy of the resolution to SRID District Manager. The Council is also required to mail a copy of the letter and Resolution to any state, regional, or local governmental entities which, in the determination of the Council, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the Resolution of the conflict, and any other governmental entity deemed appropriate by the Council. The Council sent a copy of the letter and Resolution to the Florida . Department of Transportation, St. Johns River Water Management District, Indian River County, City of Sebastian, School Bboard of Indian River County and the Vero Lakes Water Control District. Per section 164.1052, Florida Statutes, Indian River County may elect to participate in the conflict resolution process, but Indian River County would not be entitled to control the timing or progress of the conflict resolution process. However, the Indian River County Board of County Commissioners (the "Board"), by passage of its own resolution could join the conflict resolution process as a primary conflicting governmental entity. F.,1Atlomey1Ltnda1GENPJW0 C CUgenda.Nem Te11smere Chaprer 164.doc 428 Board of County Commissioners August 24, 2018 Page 2 Having reviewed the Resolution, the County Attorney's Office does not believe that the Board needs to become a primary conflicting governmental entity. However, since the matter does impact the stormwater drainage in Indian River County, it is recommended that the Board authorize County staff and the County Attorney's Office to. monitor and attend the various meetings between the City and SRID. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Board authorize County staff and the County Attorney's Office to monitor and attend the various meetings between the City and SRID. ATTACHMENT(S). Letter to Todd Wodraska, District Manager, Sebastian River Improvement District, dated August 17, 2018 City of Fellsmere Resolution 2018-18 Sebastian River Improvement District Map C:IUsersknrooreWppOninlLocaMficr X111'IndoivslTcmpornry/memetF7leslContentOmlook1G7a1'i1J8UFellm¢reChapferlb�.doc 429 August 17, 2018 VIA CERTIFIED MAIL 7017 1450 0000 5674 3514 RETURN RECEIPT REQUESTED Mr. Todd Wodraska District Manager Sebastian River Improvement District Special District Services 2501A Burns Rd. Palm Beach Gardens, FL 33410 Re: Initiation of Conflict Resolution Procedures Dear Mr. Wodraska, Please find a certified copy of Resolution 2018-18 passed by the City of Fellsmere City Council initiating conflict resolution procedures as set forth in Chapter 164, Florida Statutes. The govern -mental entities in conflict are the City of Fellsmere and the Sebastian River Improvement District ("SRID"). The nature of the conflict and the issues in conflict are identified in the Resolution. The City of Fellsmere is initiating the conflict resolution procedures, asthese issues are within the scope of Chapter 164, as set forth in Section 164.1051, Florida Statutes and out of a desire to avoid potentially costly and protracted litigation between the City of Fellsmere and SRID by reaching an expeditious, effective and cost-effective resolution of the conflict. The City of Fellsmere proposes 1:30 PM September 181h, 2018 at the City of Fellsmere council chambers located at 21 South Cypress Street, Fellsmere, Florida as the date and location of the conflict assessment meeting to be held pursuant to Section 164.1053, Florida Statutes. Based on the nature of the conflict, 1 suggest that at a minimum you, Mr. Block and Mr. Simons attend the meeting on behalf of SRID. The persons attending on behalf of the City of Fellsmere will be the City Manager and the City Attorney. Also, because of their interest in this matter, I have also invited, Bryan Corrigan, Dan Corrigan, Tad Corrigan and their attorney, Edward de la Parte, Jr. to attend the meeting. Of course, you are free to invite whomever you wish to attend as you see fit. 22 SoWh Orange Street Wlarnere, FSorl-da 32948-5700 Phone; 772-571-1616 Fax: 772-571-8613 430 R� Sincerely, raker, City Manager Certified Resolution 2018-18 cc: Fla. Dept. of Transportation St, Johns River Water Management District Indian River County City of Sebastian School Board of Indian River County Vero Lakes Water Control District 2:1 fatdh- 431 I, Deborah C. Krages, CMC, City Clerk of the City of Fellsmere, Indian. River County, Florida, do hereby certify this to be a originally executed Resolution numbered 2018-18 executed by the Mayor after adoption of same and as approved by the City Council of the City of Fellsmere during their regular meeting held on August 16, 2018, in the City Council Chambers, 21 S. Cypress Street, Fellsmere, FL. Resolution 2018-18 will be maintained /.iin tthe public records of the City of Fellsmere, Indian River County, Florida, certified this! 1'^ day of August 2018. Deborah C. Krages CMC, City Clerk 432 RESOLUTION 2018-18 A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 164.1052, FLORIDA STATUTES, DECLARING THE INTENT OF THE CITY COUNCIL TO INITIATE THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES; FINDING THAT A CONFLICT EXISTS WITH THE SEBASTIAN RIVER IMPROVEMENT DISTRICT, AS IT RELATES TO. THE REGULATION OF STORMWATER DISCHARGES FROM THE LATERAL D WATERSHED INTO THE LATERAL D CANAL; INITIATING THE PROCEDURES OF THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT; DIRECTING THE CITY MANAGER MAIL A CERTIFIED COPY OF THIS RESOLUTION TO THE SEBASTIAN RIVER IMPROVEMENT DISTRICT, AS WELL AS OTHER GOVERNMENTAL ENTITIES,. THEREBY INTIATING THE PROCESS OUTLINED IN CHAPTER 164, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fellsmere is a municipal corporation, duly organized and existing under the laws of the State of Florida, which is located entirely within Indian River County and would be considered a "local governmental entity" pursuant to Section 164.1031 (1), Florida 'Statutes; and. WHEREAS, the Sebastian River Improvement District ("SRID") is an independent special district of the State of Florida, which was re-created by special act and is currently operating pursuant to Chapter 2007-309, Laws of Florida and Chapters 189 and 298, Florida Statutes, which is located entirely within Indian River County and would be considered a "local governmental entity" pursuant to Section 164.1031(1), Florida Statutes; and WHEREAS, SRID encompasses ten thousand (1.0,000) acres more or less as set forth in Section 2 of Chapter 2 of Chapter 2007-309, Laws of Florida; and WHEREAS, SRID is responsible for drainage, flood control, water management, operation and maintenance of district works of improvement and rights-of-way, and reclamation of lands within its jurisdictional boundaries using dikes, canals and water control structures within its boundaries, which drain to the Lateral C and L Canals, along with drainage from the City of Sebastian that enters the Lateral L Canal through the Elkan Dam/Waterway; and WHEREAS, the Lateral C and L Canals drain south to north merging in a receiving area just south of the County Road 512 Bridge known as the SRII) Flow Way before discharging into the South Prong of the Sebastian River; and (00545404.1 ) Page 1 of 5 433 WHEREAS, SRID has built a protective levee referred to as the Lateral D Levee along its western boundaries in order to protect the lands within the district from drainage originating from lands located to the west of its boundaries; and WHEREAS, the borrow area from which material was excavated to build this protective berm runs parallel and immediately to the west of the Lateral D Levee and is referred to as the Lateral D Canal; and WHEREAS, the Lateral D Canal serves to intercept and convey stormwater originating from lands to the west to the South Prong of the Sebastian River merging with the Lateral C and L Canalswithin the SRID Flow Way; and WHEREAS; the area approximately twenty thousand (20,000) acres that discharges into the Lateral D Canal is referred to as the Lateral D Watershed; and WHEREAS, the Lateral D Canal and the entirety of the Lateral D Watershed lies outside the territorial boundaries of SRID; and WHEREAS, on July 15, 1999, the City of Fellsmere adopted Ordinance 1999-08 annexing approximately 3,750 acres of unincorporated property in the Lateral D Watershed into the City of Fellsmere; and WHEREAS, on December 6, 2007, the City of Fellsmere adopted Ordinance 2007-29 annexing approximately 2,592 acres of unincorporated property in the Lateral D Watershed into the City of Fellsmere; and WHEREAS, on June 7, 2007, the City of Fellsmere adopted Ordinance 2007-10 annexing approximately 300 acres of unincorporated property in the Lateral D Watershed into the City of Fellsmere; and WHEREAS, on October 2, 2014, the City of Fellsmere adopted Ordinance 2014-16 annexing approximately 8,845 acres of unincorporated property in the Lateral D Watershed into the City of Fellsmere; and WHEREAS, on August 18, 2016, the City of Fellsmere adopted Comprehensive Plan Amendment #2016-02; and WHEREAS, Policy ICE A.1.9 of Amendment #2016-02 provides that "[a]ny rules, policies :or restrictions adopted. by the Fellsmere Water Control District, the Vero Lakes Water Control District and the Sebastian River Improvement District regulating drainage of lands located within the boundaries of the City or works or improvements owned and controlled or regulated by said districts shall be consistent with and not stricter than any ordinance, rule or policy adopted by the City"; and WHEREAS, Policy ICE A-5.2 of Amendment #2016-02 provides that "any rules, policies or restrictions adopted by the Fellsmere Water Control District, the Vero Lakes Water Control (00545404.1) Page 2 of 5 434 District and the Sebastian River Improvement District regulating drainage of lands located within the boundaries of the City or works or improvements owned and controlled or regulated by said districts shall be consistent with and not stricter than any ordinance, rule or policy adopted by the City"; and WHEREAS, Policy FLUE 21.7.5 of Amendment #2016-02 provides that "[tjhe land necessary for water storage, attenuation and discharge for drainage of new development in the Villages of Fellsmere shall be arranged and managed as part of a comprehensive regional drainage system permitted by the City, FWCD and/or SJRWMD"; and WHEREAS, Policy CIE A-5.1 of Amendment #2016-02 requires the following level of service requirements for drainage: 1. For projects located in the Old Town District, the LOS standards shall be as required by Section 62-330.055, Florida Administrative Code for Urban Infill or Redevelopment authorized by Section 373.4131(1) (b), Florida Statutes. 2. For projects located outside the Fellsmere Water Control District or the Vero Lakes Water Control District and subject to permitting requirements of the St. Johns River Water Management District (SJRWMD) or the Florida Department of Environmental Protection (FDEP), the LOS standard shall be that required by the SJRWMD or FDEP, as applicable. 3. For projects located within the Fellsmere Water Control District or the Vero Lakes Water Control District, the LOS standard shall also require a stoimwater. .discharge limitation of 2 inches/24 hours for a 25 year 24 hour storm event over the first 72 hours during and after the 24 hour storm event. 4. For projects located outside the Fellsmere Water Control District or the Vero Lakes Water Control District and not subject to permitting requirements of either SJRWMD.or FDEP, as applicable, the LOS standards shall be as follows:. a. Water Quality. Detention of first inch of runoff. b. Water Quantity. Post development peak rate of discharge must not exceed the predevelopment peak rate of discharge for the 25 -year frequency, 24=hour duration storm event for water quantity. The City of Fellsmere shall not be required to maintain the additional LOS standard related to projects within the FWCD or VLWCD for paving existing dirt roads or expanding existing roads; and WHEREAS, for purposes of Policy CIE A-5.1.2 of Amendment #2016-02, the SJRWMD level of service standard requires that the post -development discharge rate must not exceed the pre -development peak rate of discharge for the mean annual 24-hour storm for systems serving new developments; and (00S4.5404.1 } Page 3 of 5 435 WHEREAS, on December 6, 2017, the SKID Board of Supervisors proposed the adoption of a rule formally setting discharge limitations in accordance with a 2015 technical memorandum for all properties in the Lateral D Watershed, including those within the City of Fellsmere municipal boundaries; and WHEREAS, on March 7, 2018, the SRID Board of Supervisors stated that rather than formally adopting a rule setting maximum discharge limits for the Lateral D watershed, it would instead impose the discharge limits on a "case-by-case" basis and set limits in accordance with the recommendations in the 2015 technical memo; and WHEREAS, the City of Fellsmere disputes SRID's authority to regulate storrawater discharges from the Lateral D Watershed into the Lateral D Canal; and, WHEREAS, according to Section 3 of Chapter 2007-3009, Laws of Florida and Section 298.301(1), Florida Statutes, in the execution of its powers and authorities, SRID's actions must be consistent with: any adopted local government comprehensive plan within which the lands of the district are located; and WHEREAS, there is a conflict between the SRID's proposed stormwater discharge limits in the 2015 technical memo and the stormwater discharge restrictions for the Lateral D Watershed imposed by the City of Fellsmere's Comprehensive Plan; and WHEREAS, to the extent SRID has the authority to regulate stormwater discharges from the Lateral D Watershed into the Lateral D Canal, the City of Fellsmere disputes SRID's authority to impose stormwater discharge limits on property located within the City of Fellsmere's municipal boundaries, which conflict with the City of Fellsmere's Comprehensive Plan; and WHEREAS, the Florida Governmental Conflict Resolution Act provides that the purpose and intent of that Act is to promote, protect, and improve the public health, safety, and welfare and to enhance intergovernmental coordination efforts by the creation of a governmental conflict resolution procedure that can provide equitable, expeditious, effective, and inexpensive method for resolution of conflicts between and among local and regional governmental entities; and, WHEREAS,prior to initiating court action against SRID regarding the above -referenced matters in dispute, the City of Fellsmere wishes to initiate the conflict resolution procedures in Chapter 164, Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE, FLORIDA, THAT: 1. The City of Fellsmere initiates conflict resolution procedures against SRID pursuant to Section 164.1052(1), Florida Statutes. (00545404.1 ) 2. The issues in conflict between the City of Fellsmere and SRID are as follows: Page 4 of 5 436 a. Whether SRID has authority to regulate stormwater discharges from the Lateral D Watershed into the Lateral D Canal. b. Whether, to the extent SRID has the authority to regulate stormwater discharges from the Lateral D Watershed into the Lateral D Canal, the City of Fellsmere Comprehensive Plan precludes SRID from imposing stormwater discharge limits on property located within the City of Fellsmere's municipal boundaries. 3. The issues in conflict between the City of Fellsmere and SRID fall within the'scope of Chapter 164, as set forth in Section 164.105 1, Florida. Statutes. 4. The City Manager is directed to mail a certified copy of this resolution by certified letter, return receipt requested to SRID's District Manager and provide copies of the resolution and letter to the Florida Department of Transportation, the St. Johns River Water Management District, Indian River County, the City of Sebastian, the School Board of Indian River County and the Vero Lakes Water Control District, all of which are state, regional or local governmental entities, which in the City of Fellsmere's determination, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the resolution of the conflict within five (5) days of the enactment of this resolution. (0054540x.1 ) 5. This Resolution shall take effect immediately upon its adoption. Th foregoing Resolution was moved for adoption by Council Member k The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Joel Tyson Council Member Fernando Herrera Council Member Inocensia Hernandez Council Member Sara Savage 7w� Council Member Jessica Salgado The Mayor th eupon declared this Ordinance duly passed and adopted this day of '2018. CITY OF FELLSMERE, FL Joel yson, ayor ATTEST: eborah C. KrageMC�Ciltyy�erk P-2018-18,- as(here Ch 164 Res.dd. page 5 of 5 (SEAL) 437 September 11, 2018 ITEM 1.4.A.1 INDIAN RIVER COUNTY. BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 27, 2018 SUBJECT: Request the Board consider adopting a Resolution similar to the Resolution adopted by the Treasure Coast Regional Planning Council addressing biosolids and biosolids,, applications FROM: Peter O'Bryan Commissioner, District 4 Commissioners: On June 8, 2018 the Treasure Coast Regional Planning Council (TCRPC) sponsored a "Biosolids Symposium" bringing in speakers from across the country to 1) attempt to better understand the process of land applying human waste biosolids and 2) explore new technologies that can improve treatment and afford more efficient use of human wastewater biosolids. Following upon the success of the symposium, at the July 20, . 2018 meeting of the. TCRPC, the Council passed Resolution #18=03, with the following. two declarations: 1. The State of Florida and its local governments prioritize the reduction and eventual elimination of the land application of human wastewater biosolids; and 2. The State of Florida 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. I am asking the Board to review the attached ,Resolution and backup material and then consider adopting a Resolution in support of the TCRPC Resolution. Thanks. 439 RESOLUTION #18-03 .A RESOLUTION OF THE TREASURE COAST REGIONAL PLANNING COUNCIL SUPPORTING COLLABORATION WITH THE 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, PRIORITIZE THE REDUCTION AND EVENTUAL ELIMINATION OF THE LAND APPLICATION OF HUMAN WASTEWATER BIOSOLIDS, AND ESTABLISH 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, it is time to work together as a region and state to increase awareness of current and future biosolids management issues, examine potential water quality impacts from our current practices, and explore new wastewater treatment technologies to improve biosolids resource recovery and management options; and WHEREAS, the TCRPC wishes to collaborate with 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 THE TREASURE COAST REGIONAL PLANNING COUNCIL ENCOURAGES THAT: The State of Florida and its local governments prioritize the reduction and eventual elimination of the land application of human wastewater biosolids; and 2. The State of Florida establish a Pitot 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. DULY ADOMD by the Treasure Coast Regional Planning Council this 20th of July, 2018. e J. Parrish Michael J. Busha Chair Executive Director 440 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 6 From: Staff Date: July 20, 2018 Council Meeting Subject: Management Alternatives for Human Wastewater Biosolids -- Resolution Introduction One of the by-products or residuals of the wastewater treatment process is called biosolids or the wet sludge that is left behind after initial processing, which is then collected for further treatment and processing. In Florida, biosolids are either land -applied as a soil amendment to improve agricultural productivity or disposed of in landfills. Either way it is an important source of water, energy, nitrogen, and phosphorous resources that some suggest could be recovered and used more efficiently. There. is also concern statewide that excess nutrients from land application of human waste biosolids reach surface waters as a result of rainfall runoff and continue to increase the occurrence of chronic harmful algal blooms (HABs). The purpose of this item and the attached resolution is to inform Council's member counties, municipalities, and their associations about this regional issue and potential solutions. ,Background Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 dry tons of biosolids. Approximately 100,000 dry tons of biosolids qualify as Class B biosolids, which are treated sewage sludge meeting U.S. Environmental Protection Agency (EPA) .guidelines for land application as fertilizer with restrictions, and are allowed to have detectable levels of pathogens. Another 100,000 dry tons of biosolids are deposited in various landfills throughout the state. The final 140,000 dry tons of biosolids are further processed., dried, and composted with material from the landscape industry to produce approximately 200,000 tons of Class AA biosolids, which can then be distributed and marketed as fertilizer. This class of biosolids is unregulated and land -applied mainly on pasture and, to a lesser extent, citrus. Bahia grass pastures in Florida can generally produce satisfactorily without total Phosphorous (TP) fertilization, and every crop in Florida can be grown economically without the use of biosolids as fertilizer. Biosolids provide an inefficient form of fertilization that provides only a fraction (less than 40%) of plant available nitrogen that can result in both total .Nitrogen (TN) and TP over fertilization, which may negatively affect surface and other coastal waters. Of additional concern are compounds found in human wastewater biosolids which may include: hormones; steroids; bacteria; viruses•, polychlorinated biphenyls (PCBs); pharmaceuticals; antibodies•, polybrominated diphenyl ethers (PBDE fire retardants); polyfluoroalkyl substances 441 (PEAS) like Teflon, polishes, waxes, paints, and household cleaning products; organics; metals; and artificial sweeteners. Although these materials are applied in a manner that may not be harmful to humans according to EPA guidelines, their accumulated secondary impacts are not entirely known. Both Class B biosolids and Class .AA biosolid fertilizers contain approximately 5.5 % TN and 2.2% TP.. Therefore, land application of 300,000 dry tons of Class AA and Class B biosolids deposits over 33 million pounds of TN and 13.2 million pounds of TP onagricultural lands each year. Peer reviewed studies, such as those related to the Lake Okeechobee drainage basins, estimate that +/- 12% of both TN and TP imports will find their way to surface waters. This basin currently receives over 1,000 dry tons of TP from Class AA biosolids, which could amount to 120 dry tons or 240,000 pounds of TP to surface waters. Large areas within Florida such as the basins draining into Lake Okeechobee already exhibit enough legacy phosphorus to last for the next 25 to 60 years. `chile the practice of land -applying Class B biosolids was recently banned in the Lake Okeechobee, Caloosahatchee, St. Lucie.River and Everglades watersheds, the St. Johns River Upper Basin received nearly 74,000 tons of Class B biosolids in 2016, or approximately 74% of the Class B biosolids produced in Florida, in its watershed. Analysis Agricultural crops can be grown profitably without land applying this inefficient nutrient source:. There are alternative technologies that should be considered such as: pyrolysis; vapor recompression distillation; boiler technology electric generation; and supercritical water oxidation to improve recovery of resources and sustainable management of biosolids (see .Attachment A). Recently, the Florida Department of Environmental Protection announced the fonnation of a .statewide Biosolids Technical Advisory Committee to: 1) establish a better scientific understanding of potential nutrient impacts of the land application of biosolids; and 2) evaluate current biosolids management practices and potential opportunities for enhancements to better protect IFlorida's water resources (see Attachment B). Conclusion Florida's populationcontinues to grow at historic rates. Today, the Treasure Coast Region's estimated 1.6 trillion people on public sewer generate about 87,000 dry tons of biosolids each year. In 30 or 40 years from now that total could :increase by 50 percent. With this in mind, the region is encouraged to begin a serious conversation among local elected officials, utility directors, the agriculture industry, and others about what the future of biosolids management should look like in 30 years. Is it the same as we are doing now, or is it something completely different, using new technology to create more strategic, sustainable, and valuable reuse products? All of this starts with increasing awareness about the current status of: 1) how we manage biosolids in Florida; 2) our progress in meeting water quality goals established through approved Basin Management Action.Plans and other measures; and. 3) new technology aimed at improving biosolids resource recovery and water quality. 442 Reconimendation. Council should approve Resolut on.No. 18-03 and authorize its distribution to local government associations and involved state agencies. Attachments 443 RESOLUTION #1&BJ A RESOLUTION OF THE TREASURE COAST REGIONAL PLANNING COUNCIL SUPPORTING COLLABORATION WITH THE 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, PRIORITIZE THE REDUCTION AND EVENTUAL ELIMINATION OF THE LAND APPLICATION OF HUMAN WASTEWATER BIOSOLIDS, AND ESTABLISH 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 S2 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, it is time to work together as a region and state to increase awareness of current. and future biosolids management issues; examine potential water quality impacts from our current practices, and explore new wastewater treatment technologies to improve biosolids resource recovery and management options; and WHEREAS, the TCRPC wishes to collaborate with 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 Consutner Services, and other partners to accomplish these objectives, and rethink 21 fit Century human wastewater management practices for Florida. NOW, THEREFORE, BE IT RESOLVED THE TREASURE COAST REGIONAL PLANNING COUNCIL ENCOURAGES THAT: 1. The State of Florida and its local governments prioritize the reduction and eventual elimination of the land application of human wastewater biosolids; and 2. The State of Florida 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. DULY ADOPTED by the Treasure Coast Regional Planning Council this 20th of July, 2018. Reece J. Parrish Chair 4 Michael J. Busha Executive Director 444 Attachment A. Executive Summary ii Treasure Coast Regional Planning Council •+X w Regional Biosolids Symposium ONE LAGOON +y `} Charting the Future of � _+7J Biosolids Management �^a•^�° June 08, 2018 On Friday June 08, 2018 the Treasure Coast Regional Planning Council and the Indian River Lagoon National Estuaries Program sponsored a "Regional Biosolids Symposium" at the Indian River State College Chastain Campus, Wolf High -Technology Center in Stuart Florida. With 170 people in attendance, Martin County Commissioner Doug Smith welcomed everyone and put forth a purpose and challenge for the attendees to listen to one another and find a better, more sustainable path forward on how we manage and reuse our biosolids resources. Henry Dean, St. Johns County Commissioner and former Executive Director for both the St. Johns River Water Management District and the South Florida Water Management District provided opening remarks encouraging that with open minds and cooperative efforts, we can solve any problem. Jennifer Smith, the Director of the Southeast District, Florida Department of Environmental Protection announced the creation of its Biosolids Technical Advisory Committee to evaluate current management practices and potential opportunities for enhancements to better protect Florida's water resources. The event included presentations by wastewater utility representatives from Palm Beach, Martin, St. Lucie, and Indian River counties and the Florida Department of Environmental Protection about standard utility practices and current challenges, programs, and regulations related to providing wastewater services cost effectively to the public and managing disposal of human waste biosolids. Today, Florida's central sewer wastewater treatment facilities produce approximately 340,000 tons of biosolids which are the human waste effluents from central sewer wastewater treatment facilities. Approximately 100,000 dry tons of biosolids are designated as Class B biosolids which are treated sewage sludge that meets U.S. Environmental Protection Agency guidelines for land application as fertilizer, and are allowed to have detectable levels of pathogens. Another 100,000 dry tons of biosolids are deposited in various landfills throughout the state. The final 140,000 dry tons of biosolids are further processed, dried, and composted with material from the landscape industry to produce approximately 200,000 tons of Class AA biosolids. These biosolids can then be distributed and marketed as fertilizer. This class of biosolids is unregulated and land - applied mainly on pasture lands, and to a lesser extent on citrus. Both Class B biosolids and Class AA biosolid fertilizers contain approximately 5.5% Total Nitrogen (TN) and 2.2% Total Phosphorus (TP). Therefore, the 300,000 dry tons of land - applied Class AA and Class B biosolids contribute over 33 million pounds of TN and 13.2 million pounds of TP to agricultural lands each year. While the practice of land -applying 5 445 Class B biosolids was recently banned in the Lake Okeechobee, Caloosahatchee, St. Lucie River and Everglades watersheds, the St. Johns River Upper Basin in 2016 received nearly 74,000 tons of Class B biosolids in its watershed. A representative from the University of Florida's Institute of Food and Agricultural Services (IFAS), Maria Silveira Ph.D., Associate Professor at the University of Florida Range Cattle Research and Education Center, presented information on the fertilizer recommendations for pastures in Florida and explained the differences in P solubility and availability from various P sources and described the limitations associated with current soil testing using .P as a tool to predict environmental hazards. Presentations by Del Bottcher Ph.D., President of Soil & Water Engineering Technology, and Anthony Janicki Ph.D., President of Janicki Environmental, Inc., included information on the current conditions and probable future trends of nutrients in lakes, streams, springs and our coastal estuaries. Their conclusions were though we have made progress in reducing nutrients within our surface waters we still need to do more. The symposium also included Edith Widder, Ph.D., CEO and Senior Scientist for the Ocean Research and Conservation Association (ORCA) who commented on some concerns related to compounds found in human wastewater biosolids which may include: hormones; steroids; bacteria; viruses; polychlorinated biphenyls (PCB); pharmaceuticals; antibodies; polybrominated diphenyl ethers (PBDE fire retardants); polyfluoroalkyl substances (PEAS) like Teflon, polishes, waxes, paints, and household cleaning products; organics, metals, and artificial sweeteners. Although these materials are applied in a manner that may not be harmful to humans according to EPA guidelines, their accumulated secondary impacts are not entirely known. Many Florida residents are alarmed about the recent water releases from Lake Okeechobee, including the threats from the presence of blue-green algae blooms. According to Dr. Widder, blue-green algae also known as cyanobacteria, can produce toxins in surface waters that can cause problematic respiratory issues. The toxins also specifically target the liver and studies have documented liver damage and cancers from these toxins in cases from China to the Indian River Lagoon. The toxins may reduce crop production when found in irrigation water and they may actually be absorbed by the crop. Gary Roderick an environmental consultant and former Environmental Administrator for the Southeast District Office of the Florida Department of Environmental Protection gave a comprehensive presentation on nutrient loading and the importance of and progress being made by implementing South Florida Basin Management Action Plans (BMAPs). He stressed the importance that bahia grass pastures in Florida can generally produce satisfactorily without TP fertilization and every crop in Florida can be grown economically without the use of biosolids as a fertilizer. It was indicated that biosolids provide an inefficient form of fertilization that provides only a fraction (Iess than 40%) of plant available nitrogen that can result in both TN and TP over fertilization, which may negatively affect surface and other coastal waters. The main highlight of the symposium came in the afternoon when Todd O. Williams, P.E., BCEE, Principal Technologist, Residuals Resource Recovery Glohal at Jacobs,presented the importance, value and urgency of improved nutrient recovery and sustainable biosolids 6 446 management. His presentation was immediately followed by a panel on the technologies and future trends in biosolids management. The symposium audience was given a look into the future of biosolids management. Instead of depositing biosolids into the landfill or using agricultural lands to dispose of human biosolid wastes, there are alternatives that allow for improved recovery and sustainable management The future of biosolids management was discussed by a panel chaired by Fred Mussari, Ph.D., Vice President of Technology at BCR Solid Solutions and included three new technologies. Although each process is different, all three processes recover useful byproducts from human biosolids and capture its stored energy, water, and nutrients. Dobe Nagar, P.E., Senior Process Engineer, Pratt School of Engineering at Duke University, presented Supercritical Water Oxidation or SCWO, which is a process that occurs in water at temperatures and pressures above a mixture's thermodynamic critical point. Under these conditions water becomes a fluid with unique properties that can be used to quickly convert biosolids and other hazardous wastes into hot water, electricity, Cot, N2, 02, inorganic minerals and distilled water. Duke's vision for the future of SCWO technology is decentralized SCWO treatment facilities that can be housed in a standard 40 foot long container capable of servicing 6,000 people a day. Duke has developed a working industrial scale prototype (A) capable of treating the fecal waste of 1,000 people per day. A new prototype (B) is under design. Its current focus is on technology transfer and commercialization, with the establishment of a spinoff company to bring the first units to the market in 2020. The Advanced Pyrolysis Technology system was presented by Steve Wirtel, P.E., Executive Vice President of Business Development at Kore Infrastructure. This technology is made up of individual processes that operate in series: material handling, drying, lower - temperature pyrolysis, and gas conversion into renewable natural gas, methane and hydrogen for power generation. These gases can be used to power the process, with the excess sold on the open market. The process produces a crystallized form of carbon termed "biochar." Biochar sequesters carbon in the soil and can be used as a soil supplement to provide soil structure that helps retain key nutrients and water. It does not contain nitrogen or phosphorus. The equipment used in each step is modular, mobile, and compact to enable multiple system configurations and ease in siting requirements. Peter Janicki, P.E., of Janicki Industries and Bioenergy provided information on Vapor Recompression Distillation (VRD) and Boiler Technology Electric Generation. The combination of these two technologies are also made up of individual components and processes that can operate in series to produce electricity and fresh distilled water. TN is converted to aqueous ammonium, and the TP ends up in its elemental form in the final ash. The aqueous ammonium can be made available as a more efficient N source for fertilizer. The electricity produced provides the power needed to operate the facility with excess electricity sold back to the power grid. The TP in the reduced volume of final ash can now be transported economically to areas that are currently depleted of nutrients such as the "bread basket region" in middle North America from years of corn, wheat, and soy bean production, or the Caribbean which has seen soil nutrient depletion from years of sugar cane production and other practices. 447 A final "Roundtable Panel" of summit participants and elected officials was moderated by the Executive Director of the Indian River Lagoon National Estuaries Program, Duane De Freese, Ph.D., with questions also being taken from the public. The discussion and public comment centered around how best to move -forward to prioritize the review of existing alternatives based on a better understanding of the performance, economics, and funding needed for constructing Pilot Projects that will eventually reduce negative nutrient impacts to surface waters. It was suggested by local elected officials on the Roundtable, that assembling a virtual panel of national experts to help local governments Vet new wastewater technology proposals would be extremely helpful for them to have access to when they need it.. It was also suggested that state and local governments join together in establishing a Pilot Project. Implementation Program that would create Request for Proposals to encourage competitive bids on new wastewater technologies capable of achieving wastewater treatment goals and outcomes for the region. The video/audio proceedings and PowerPoint presentation from the symposium may be found at; www.tcrpc.orq/announcements/Biosolids/Surrimit.html 8 448 Attachment B From: Florida Department of Environmental Protectionjmailto:FloridaDEP@public.govdetivery.com) Sent: Friday, June 08, 2018 4:12 PM To: Michael Busha Subject..DEP Announces Creation.of Biosolids Technical Advisory Committee The Florida Department of Environmental Protection is committed to protecting Florida's water and natural resources. Vital to our mission is working cooperatively with state, local and federal agencies, local communities as well as various stakeholder and interest groups that provide key input, local knowledge and additional data and information to help inform our regulatory and restoration programs. DEP is aware of an increased interest in better understanding the nutrient impacts of the land application of biosolids. Because the Department remains committed to using science to guide our efforts, we are creating a Biosolids Technical Advisory Committee (TAC) to evaluate current management practices and potential opportunities for enhancements to better protect Florida's water resources. DEP is currently seeking nominations for membership on the committee, which will include agricultural interests, environmental groups, local governments, academia and research entities, representatives from large and small wastewater utilities (including the Florida Rural Water Association), biosolids haulers and the Florida Onsite Wastewater Association. The deadline for nominations is 5 p.m., July 6, 2018. Any person interested in learning more about the TAC or submitting a nomination may email BIOSOLIDS TAC@floridadep.gov. a 4 w SUBSCRIBER SERVICES: = Manage Preferences I Delete Profile. I Help O `�6 This email was sent using GovDefivery Communicafions cloud on behalf of: Florida Department of Environmental Protection • 3900 P Commonwealth Boulevard - Tallahassee. FL 32399-3000. 850.245.2118 gOVDELIVERY 9 449 Prioritize Consideration of Alternatives to the Land Application of Treated Human Waste From Central Sewer Wastewater Biosolids PROBLEM: Excess nutrients from land application of human waste from wastewater treatment effluent termed "biosolids", reach surface waters as a result of rainfall runoff and continues to increase the occurrence of chronic harmful algal blooms (HABs). BACKGROUND: Today Florida's central sewer wastewater treatment facilities produce approximately 340,000 dry tons of biosolids. Approximately 100,000 dry tons of biosolids qualify as Class B biosolids which are treated sewage sludge meeting U.S. EPA guidelines for land application as fertilizer with restrictions and are allowed to have detectable levels of pathogens. Another 100,000 dry tons of biosolids are deposited in various landfills throughout the state. The final 140,000 dry tons of biosolids are further processed, dried, and composted with material from the landscape industry to produce approximately 200,000 tons of Class AA biosolids, which can then be distributed and marketed as fertilizer. This class of biosolid is completely unregulated and land -applied mainly on pasture and to a lesser extent citrus. However, citrus fertilized with human biosolids seldom qualify for overseas export. Bahia grass pastures in Florida can generally produce satisfactorily without total Phosphorous (TP) fertilization, and every crop in Florida can be grown economically without the use of biosolids as a fertilizer. Biosolids provide an inefficient form of fertilization that provides only a fraction (less than 40%) of plant available nitrogen that can result in both total Nitrogen (TN) and TP over fertilization, which may negatively affect surface and other coastal waters. Of additional concern are compounds found in human wastewater biosolids which may include: hormones; steroids; bacteria; viruses; polychlorinated biphenyls (PCBs); pharmaceuticals; antibodies.; polybrominated diphenyl ethers (PBDE fire retardants); polyfluoroalkyl substances (PFAS) like Teflon, polishes, waxes, paints, and household cleaning products; organics; metals; and artificial sweeteners. Although these materials are applied in a manner that may not be harmful to humans according to EPA "guidelines," their accumulated secondary impacts are not entirely known. Both Class B biosolids and Class AA biosolid fertilizers contain approximately 5.5 % TN and 2.2% TP. Therefore, land application of 300,000 dry tons of Class AA and Class B biosolids deposits over 33 million pounds of TN and 13.2 million pounds of TP on agricultural lands each year. Peer reviewed studies, such as those related to the Lake Okeechobee drainage basins, estimate that +J- 12% of both TN and TP imports will find their way to surface waters. This basin currently receives over 1,000 dry tons of TP from Class AA biosolids which, could amount to 120 dry tons or 240,000 pounds of TP to surface waters. Large areas within Florida such as the basins draining into Lake Okeechobee already exhibit enough legacy phosphorus to last for the next 25 to 60 years. While the practice of land - applying Class B biosolids was recently banned in the Lake Okeechobee, Caloosahatchee, St. Lucie River and Everglades watersheds, the St. Johns River Upper Basin in 2016 received nearly 74,000 tons of Class B biosolids, or approximately 74% of the Class B produced in Florida, in its watershed. SOLUTION: Agricultural crops can be grown profitably without land applying this inefficient nutrient source. There are alternative technologies that should be considered such as: pyrolysis; vapor recompression distillation; boiler technology electric generation; and supercritical water oxidation to improve recovery of resources and sustainable management of biosolids. RECOMMENDATION: Prioritize the reduction and eventual elimination of the land application of human wastewater biosolids. Establish 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 resources. 450 RESOLUTION 2018-084 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 BIOSOLI.DS 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 Departtnent 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 lg5T " 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 BobSolariAYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE, Commissioner Tim Zorc AYE The- Chairman thereupon declared the resolution duly passed and adopted this 1 I" day of September, 2018. r 6VNS Y .417.. . . .i/ •.Sri'.. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: By: Dylan'Reingold, County Attorney BOARD OF COUNTY COMM] OF INDIAN RIVER COUNTY, By: A Peter D. O'Bryan, 2 F:UnomgALitWokOENERALiResoNtions M 0,dim—\ResoW anslTCRPC Rewloiion 6iowildxd12 — :3+ September 11, 2018 ITEM 14.A.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 27, 2018 SUBJECT: Request the Board to consider a request from the Executive Roundtable of Indian River County to use the parking area at the North Aquatic Center for a 5k run on the Central Florida Rail Trail. FROM: Peter O'Bryan Commissioner, District 4 The Executive Roundtable of Indian River County (ERIRC) is a 501©(3) comprised of community leaders from throughout the county. The Mission of the ERIRC is to identify solutions that will protect and enhance the lives of Indian River County residents, and their families, with an emphasis on children. The ERIRC is currently sponsoring the Kids at Hope philosophy with the School District of Indian River County and the Gifford Youth Achievement Center. Kids at Hope's basic tenant is that all children can be successful, no exceptions. The ERIRC is planning a 5k fundraiser for January 19, 2019 with the race layout starting west of the North County Aquatic Center and running west, crossing over the new overpass, then looping back and returning to the starting point. The race is scheduled for approximately 8 -10 AM and for a first time event, approximately 80 — 100 runners are expected. The Roundtable is requesting the use of the parking area at the North County Aquatic Center for the event. This should be a onetime only request as future races will start/finish at the Fellsmere Trailhead Preserve located west of 1-95. Staff has indicated they are supportive of the request and that the parking will not create any interference with regular activities at the aquatic center. 451 BCC AGENDA September 11, :2018 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 4, 2018 SUBJECT: A -1=A Resurfacing—Sidewalk or Safer Bike Lane FROM: Commissioner Bob Solari I would like to discuss with the Board the possibility of joining the people of Indian River Shores in support of safer bike Lanes as opposed to a new sidewalk. Thank you.. 452 BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan RSV Kk e District 4 p Chainn.an C G� Bob Solari z District 5 Vice -Chairman LORI�� September 13, 2018 Mr. Gerry O'Reilly, PE, District IV Secretary Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Dear Mr. O'Reilly: Susan Adams District 1 Tim Zorc District 3 Joseph E. Flescher District 2 At its September 11, 2018 meeting, the Indian River County Board of County Commissioners (BCC) unanimously approved a motion to request that new sidewalks proposed for the east side of SR A 1 A be removed fi•om the upcoming resurfacing project (SR A 1 A Resurfacing, Tides Road to Coco Plum Lane, FM# 438042-1). This motion was passed in light of overwhelming public opposition to the aforementioned sidewalks from concerned citizens which included letters, emails, phone calls, and attendance at public meetings as well as correspondence from a coalition of homeowner's associations located within the project limits. It is the belief of the Board of County Commissioners that the proposed sidewalk on the east side of the project is redundant in light of the presence of sidewalks on the west side of AIA. As such, the BCC feels that the new sidewalks represent an unnecessary expense and possible source of project delay for relatively little potential future benefit. Beyond the issue of expense and delay, we are also concerned about the removal and relocation of landscaping caused by the new sidewalk. FDOT's 2060 Long Range Plan Objective states that the Department seeks to "...restore the character of the natural environment and avoid or minimize adverse environmental impacts." Indian River County also places tremendous value on maintaining the natural environment and we feel that installation of the sidewalk will have the effect of negatively impacting the environment and our local quality of life. 1801 271h Street, Building A Vero Beach, FL 32960 (772) 226-1490 X5-2-/ September 13, 2018 p.2 The Board of County Commissioners applauds the Department's commitment to safety and feels that there is a clear solution to improving safety on SR AIA. That solution is the installation of wider bike lanes along AIA. Installing wider bike lanes is unanimously supported by local citizens and elected officials alike. Currently, bicyclists are forced onto narrow and poorly delineated bike lanes on what is, without question, the most popular facility for cyclists in the County. Constructing state- of-the-art bike lanes, preferably including 5 -foot lanes with a 2 -foot buffer, would better serve the safety, aesthetic, and mobility needs of the community while achieving a widespread consensus of support by local residents. Thank you for your consideration. If you have any questions or comments, feel free to contact me at (772)226-1440. Sincerely, Peter D. O'Bryan Chairman District 4 Indian River County Board of County Commissioners Cc: Bob Solari, Vice -Chairman, .Indian River County Board of County Commissioners Susan Adams, Indian River County Board of County Commissioners Joe Flescher, Indian River County Board of County Commissioners Tim Zorc, Indian River County Board of County Commissioners Donovan Pessoa, PE, FDOT Project Manager Jason E. Brown, County Administrator Dylan Reingold, County Attorney 45 September 11, 2018 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 31, 20.18 SUBJECT: Oslo Cemetery FROM: Susan Adams Commissioner, District 1 I would appreciate a discussion regarding the current status of the Oslo Cemetery and options for moving forward. Thank you.. 453 �VINDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT \ �LORtoA BOARD MEMORANDUM 1583 Date: August 19, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Approval of 2018 CPI Adjustment Request by 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, LP (Republic Services). The agreement is for the operation and maintenance of the county's Class 1 landfill as well as non -Class 1 landfill services. The contract began January 1, 2011, with an initial term of seven (7) years with an option.for one (1) renewal term of seven (7) years. On February 21, 2017, the SWDD Board approved the Ninth Amendment and Extension to contract agreement with Republic Services extending the agreement for another seven (7) years beginning on January 1, 2018 and expiring on December 31, 2024. In accordance with the approved rates in the renewal agreement, Republic Services is compensated for the Class 1 landfill operations and maintenance including the landfill gas system at a rate of $13.25 per ton. The Fiscal Year (FY) 17/18 expenditures to date for the first 10 months are $2,271,453 out of a total fiscal year budget of $2,600,000. For the non -Class 1 landfill services including the operation of the five customer convenience centers, Republic Services is compensated $2,974,004.79 per year. The FY17/18 expenditures to date for the first 10 months are $2,477,410 out of a total fiscal year budget of $3,000,000. Section 4 of this agreement includes an Annual Escalation provision allowing 100% change in the Consumer Price Index (CPI) with the maximum rate adjustment set to 3.0%. On May 21, 2018, Republic Services submitted an annual rate adjustment request of 1.82% to be effective January 1, 2019. This agenda item is requesting SWDD Board approval for the 2018 CPI adjustment request by Republic Services. ANALYSIS: Staff has reviewed, verified and recommends the approval of the request by Republic Services of 1.82% of the Class 1 landfill rate and the Non -Class 1 landfill rate. In summary, here are the changes: Services Calendar Year 2018 Rate Calendar Year 2019 Rate Change from %Change Prior Year Class 1 Landfill $13.25 per ton $13.49 per ton $0.24 1.82% Non -Class 1 Landfill $2,974,004.79 per year $3,028,056.48 per year $54,051.69 1.82% 454 @BCL@A40DFBD4.docx Page 1 of 2 FUNDING: Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account, and the funding forthe SWDD non -Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. Based on the FY17/18 expense projections, the SWDD Class 1 landfill services may require a budget amendment. Below are the proposed funding allocations for FY18/19: Description Account Number Amount Landfill — Contractual Services 41121734-033489 $2,700,000 Recycling—:Contractual Services 41125534-033489 $3,100,000 RECOMMENDATION: SWDD staff recommends the following for Board review and approval: 1. Approve the request for a 1.82% rate adjustment by Republic Services of Florida, LP and authorize the County Adminstrator to take any necessary actions to effectuate the change. 2. Authorize the Office of Management and Budget to prepare a budget amendment for FY17/18, if needed, to cover -any expenses exceeding the budget of $2,600,000 for the Class 1 landfill services. ATTACHMENT: Rate Adjustment Letter from Republic Services 455 @BCL@A40DFBD4.docx Page 2 of 2 REPUBLIC SERVICES May 21, 2018 Indian River County Solid Waste Authority District Attn: l4imanshu Mehta P.E. Managing Director 1801 27`.' Street Vero Beach, FL 32960 7329 7th Place North,'West Palm Beach, FL 33411 561-478-9590 F. 561-207-7802. www.republicservices.com Re: 2019 Rate Adjustment/ Landfill and Convenience Center Operations. Dear Mr. Mehta, It is that time of year when we notify our counties of the annual Consumer Price Index rate adjustment. This early notification allows you to, plan your budget for the next fiscal year. We appreciate the opportunity to provide Solid Waste Operations and Maintenance for the Landfill and Convenience Centers and look .forward to our continued partnership with your community. Each year our agreement allows us a rate adjustment to. reflect the change in the cost of doing business, as measured by fluctuations in the Consumer Price Index (CPT), South Urban Consumers, All Items, published by the U.S. Department of Labor, Bureau of -Labor Statistics. The adjustment shall be computed as follows: For each subsequent year of the Contract, the net percentage shall be 100 percent of the difference between the CPI as ofthe immediately Preceding January -and second preceding January divided by the CPI as of the second preceding January. This year's rate adjustment is 1.82%. Therefore as of January 1, 2019, the new adjusted rates will be $13.49 per ton for the Landfill and $252,012.45 per month for the Convenience Centers. I have enclosed the necessary documentation for your review. Please feel free to contact me should you have questions. Regards Steven. Paulik Business Unit Controller Republic Services Cc: Jason Brown- County Administrator Vincent Burke- P.E. Director of Utility Services Brian. Lewis- Operations Manager Joanne Stanley — Manager Municipal Services Bureau of Labor Statistics CPI -All Urban Consumers (Current Series) Original Data Value Series Id: CUUR0300SA0,CUUS0300SA0 Not Seasonally Adjusted Series Title: All items in South urban, all urban consumers, not seasonally Area: South Item: All items Base Period: 1982-84=100 Years: 2008 to 2018 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2008 204.510 205.060 206.676 208.085 210.006 212.324 213.304 212.387 212.650 210.108 205.559 203.501 208.681 207.777 209.585 2009 204.288 205.343 206.001 206.657 207.265 209.343 208.819 209.000 208.912 209.292 209.738 209.476 207.845 206.483 209.206 2010 210.056 210.020 211.216 211.528 211.423 211.232 210.988 211.308 211.775 212.026 211.996 212.488 211.338 210.913 211.764 2011 213.589 214.735 217.214 218.820 219.820 219.318 219.682 220.471 220.371 219.969 219.961 219.469 218.618 217.249 219.987 2012 220.497 221.802 223.314 224.275 223.356 223.004 222.667 223.919 225.052 224.504 223.404 223.109 223.242 222.708 223.776 2013 223.933 225.874 226.628 226.202 226.289 227.148 227.548 227.837 227.876 227.420 226.811 227.082 226.721 226.012 227.429 2014 227.673 228.664 230.095 231.346 231.762 232.269 232.013 231.611 231.762 231.131 229.845 228.451 230.552 230.302 230.802 2015 226.855 227.944 229.337 229.957 230.886 232.026 231.719 231.260 230.913 230.860 230.422 229.581 230.147 229.501 230.793 2016 229.469 229.646 230.977 231.975 232.906 233.838 233.292 233.561 234.069 234.337 234.029 234.204 232.692 231.469 233.915 2017 235.492 236.052 236.154 236.728 236.774 237.346 236.942 237.892 239.649 239.067 238.861 238.512 237.456 236.424 238.487 2018 239.772 241.123 241.595 242.486 Calculation= (CPI2-CPI1)/CPI1 (239.772-235.492)/235.492) 2018 2019 Landill/ton 13.25 13.49 Transfer stations 247,833.73 252,338.04 2,974,004.79 1 3,028,056.48 457 Source: Bureau of Labor Statistics Generated on: lune 1, 2018 (03:35:35 PM) �Rc INDIAN RIVER COUNTY %ivK SOLID WASTE DISPOSAL DISTRICT ti �toR10 BOARD MEMORANDUM Date: August 19, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Approval of 2018 CPI Adjustment Request by Mr. Mulch DESCRIPTIONS AND CONDITIONS: On March 7, 2017, the Solid Waste Disposal District (SWDD) Board authorized the Yard Waste Processing and Disposal Services Agreement (Agreement) with Russell Payne, Inc. d/b/a Mr. Mulch, Inc. (Mr. Mulch). The agreement commenced on April 1, 2017, for one (1) year with an option to exercise up to six (6) extensions of one (1) year terms. On February 6, 2018, the SWDD Board approved the First Amendment to the Agreement to clarify the annual rate adjustment process. In accordance with the Agreement, the Indian River County Purchasing Manager issued a one (1) year extension to the Agreement for the period of April 1, 2018, through March 30, 2019. In accordance with the approved rates in the agreement, Mr. Mulch is compensated for the processing of yard waste at a rate of $11.19 per ton and a rate of $9.48 per ton for the transportation and disposal of the yard waste. The Fiscal Year (FY) 17/18 expenditures to date for the first ten months include processing approximately 62,310 tons of incoming material, and transporting and disposal of approximately 29,175 tons at a total cost of $973,820 out of a total fiscal year revised budget of $1,155,800. Article 4 of the Agreement includes an Annual Escalation provision allowing 75% change in the Consumer Price Index (CPI) with the maximum rate adjustment set to 3.0%. On May 17, 2018, Mr. Mulch submitted an annual rate adjustment request of 1.88% to be effective October 1, 2018. This agenda item is requesting SWDD Board approval for the 2018 CPI adjustment request by Mr. Mulch. ANALYSIS: Staff has reviewed, verified and recommends the aproval of the request by Mr. Mulch of 1.88% of the yard waste processing and disposal services rates. In summary, here are the changes: Services Existing Proposed Change from %Change FY2017/18 Rate FY2018/19 Rate Prior Year Processing $11.19 per ton $11.40 per ton $0.21 1.88% Disposal $9.48 per ton $9.66 per ton $0.18 1.88% Based on the proposed pricing and the projected incoming tonnages of 75,000 and outgoing tonnages of 40,000, it is estimated that $1,300,000 in funding will be needed for FY 18/19. 458 @BCL@A40D7D17.docx Page 1 of 2 FUNDING: Funding for yard waste processing is budgeted and is available in the Other Professional Services account in the SWDD Recycling fund which is funded through user assessment fees. Below is the proposed funding allocation for FY 18/19: Description Account Number Amount Recycling — Other Professional Services 41125534-033190 $1,300,000 RECOMMENDATION: Solid Waste Disposal .District staff recommends that the Board approve the request for a 1.88% rate adjustment by Russell Payne, Inc. d/b/a Mr. Mulch, Inc. and authorize the County Adminstrator to take any necessary actions to effectuate the change. ATTACHMENT: Rate Adjustment Letter from Mr. Mulch 459 @BCL@A40D7D17.docx Page 2 of 2 RUSSELL PAYNE, INC. d/b/a MR. MULCH, INC. 1765 COMMERCE AVE. Vero Beach, FL 32960 (772) 778-2652 * Fax (772) 778-5800 russell0rusellpayne.com May 16, 2018 Indian River County Solid Waste Disposal District Attn: Himanshu Mehta 1325 74"' Avenue SW Vero Beach, FL 32968 Himanshu, We are submitting our application for a rate increase effective October 1, 2018. Receiving and Grinding Current rate: $11.19 per ton Proposed rate: $11.40 per ton Hauling & Disposal Current rate: $9.48 per ton Proposed rate: $9.66 per ton. Attached are our calculation of rate adjustment and the BLS -Series Report - 2018051013342_bb7981 through April 2018. Please contact our office with any questions. Thank you, Russell Payne President 460 IRC LANDFILL CALCULATION OF RATE ADJUSTMENT 2018 PERIOD CPI APRIL 2017 232.552 APRIL 2018 238.38 ((238.38-232.552)/232.552)*.75 ROUND ($11.19*(1+.0188),2) ROUND(9.48*(1+.0188),2) 1.88 $11.4000 $9.6600 461 Bureau of Labor Statistics CPI -..Urban Wage Earners and Clerical Workers (Current Ser Original Data Value Series Id: CWUR0300SAO Not Seasonally Adjusted Series Title: All items in South urban, urban wage earners and Area: South Item: All items Base Period: 1982-84=100 Years: 2008 to 2018 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2008 201.814 202.291 204.044 205.669 207.912 210.469 211.438 210.362 210.572 207.312 201.821 199.399 206.092 205.367 206.817 2009 200.067 201.150 201.737 202.619 203.500 205.968 205.415 205.867 205.726 206.121 206.859 206.716 204.312 202.507 206.117 2010 207.405 207.325 208.621 209.017 208.920 208.640 208.440 208.740 209.155 209.376 209.352 209.994 208.749 208.321 209.176 2011 211.216 212.416 215.272 217.234 218.437 217.722 218.087 218.947 218.787 218.109 218.030 217.463 216.810 215.383 218.237 2012 218.571 220.080 221.792 222.872 221.690 221.077 220.705 222.250 223.497 222.779 221.361 220.975 221.471 221.014 221.928 2013 221.849 224.019 224.862 224.266 224.352 225.338 225.838 226.119 225.981 225.294 224.588 224.895 224.783 224.114 225.453 2014 225.459 226.443 227.975 229.519 229.901 230.476 230.195 229.594 229.666 228.724 226.959 225.251 228.347 228.296 228.398 2015 223.133 224.390 225.936 226.618 227.706 229.008 228.716 228.011 227.348 227.164 226.621 225.578 226.686 226.132 227.240 2016 225.274 225.239 226.818 227.955 228.943 229.955 229.281 229.479 230.070 230.238 229.753 230.016 228.585 227.364 229.806 2017 231.413 231.825 231.920 232.552 232.494 233.064 232.658 233.691 235.707 234.886 234.667 234.361 233.270 232.211 234.328 2018 235.649 236.975 237.318 238.380 462 Source: Bureau of Labor Statistics Generated on: May 17, 2018 (07:31:05 AM) INDIAN RIVER COUNTY a SOLID WASTE DISPOSAL DISTRICT '2oRtoA BOARD MEMORANDUM Date: August 30, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services / 56S Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to CDM Smith for CCNA 2018 Work Order No. 1 — 2018 Water Quality Technical Report DESCRIPTIONS AND CONDITIONS: On June 05, 2018, the Solid Waste Disposal District (SWDD) Board approved CCNA 2018 Work Order No. 01 to CDM Smith in the amount of $31,660 to provide a Water Quality Technical Report in accordance with the Florida Department of Environmental Protection (FDEP) permit requirements for the Indian River County (IRC) Class I and Construction and Demolition Landfills. ANALYSIS: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $18,996.00. After final payment, the total amount paid to CDM Smith will be at the cost of $31,660.00. Attached is CDM Smith's letter report describing in more detail the services provided under each task. FUNDING: Funding for this work is budgeted and available in the Engineering Services account, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $18,996.00 RECOMMENDATION: SWDD staff recommends that its Board approve CDM Smith's final invoice in the amount of $18,996.00. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice @BCL@A40D583C.doc Page 1 D"15 CDM Smith 1701 Highway A -1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 August 27, 2018 VIA EMAIL Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District Water Quality Technical Report Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above referenced project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated April 17, 2018, under Work Order No. CCNA2018-WO No. 1 dated June 5, 2018. This project completion report is to serve as additional information to the final invoice (Invoice No. 90053335). Technical Reports of groundwater quality at the IRC Class I and Construction and Demolition (C&D) Landfills must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Water Quality Monitoring Plans (WQMPs) of operations Permit Nos. 0128769 -023 -SO (Class I) and 0128769 -025 - SO -024 (C&D). By rule, the Technical Reports are due every two and one-half years and cover water quality data collected for the previous five routine water quality monitoring events. The WQMPs state that the Technical Report that will be prepared under this Authorization will include five monitoring events performed from January 2016 through January 2018 in accordance with the current rule. However, because the last Technical Report prepared in May 2015 was prepared under the previous rule that required a Technical Report after four monitoring events and permitting for the Class I Landfill was in progress, the July 2015 monitoring event was not included. As discussed with FDEP during the permitting process, this Technical Report will include the July 2015 monitoring event. iA 464 WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES CDM Smith Mr. Himanshu H. Mehta, P.E. August 27, 2018 Page 2 This project included preparing the required.water quality report under the following task: ■ Task 1.0 — Water Quality Technical Report TASK 1.0 — Water Quality Technical Report Under this task, CDM Smith prepared and submitted the technical report in accordance with the WQMPs and Chapter 62-701.510(8)(b), F.A.C. The report was based on laboratory data received from the County for the July 2015, January 2016, July 2016, January 2017, July 2017, and January 2018 semi-annual monitoring events. The report included: 1. Tabular displays of any data which shows that a monitoring parameter has been detected, and graphical displays of any leachate key indicator parameters detected (such as pH, specific conductance, Total Dissolved Solids (TDS), TOC, sulfate, chloride, sodium and iron), including hydrograph for all monitor wells; 2. Trend analyses of any monitoring parameters consistently detected; 3. Comparisons among shallow, middle, and deep zone wells; 4. Comparisons between background water quality and the water quality in detection and compliance wells; S. Correlations between related parameters such as total dissolved solids and specific conductance; 6. Discussion of erratic and/ or poorly correlated data; 7. An interpretation of the ground water contour maps, including an evaluation of ground water flow rates; and 8. An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions. CDM Smith performed a technical specialist review of the draft Technical Report prior to submittal to the FDEP. The draft report was submitted to IRC on July 26, 2018. Comments were received on July 31, 2018 from IRC and incorporated into the report. The final report was submitted to FDEP on July 31, 2018. ..CDM_ Smith Mr. Himanshu H. Mehta, P.E. August 27, 2018 Page 3 CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. Sincerely, Amy M. Hightower, P.E. Project Manager CDM Smith Inc. AMH/jj File: PW PL1 6706-229857.02.01 CC. Kevin Vann, RE, BCEE D2330t�dgeZ �� CDM - Smith 621 N.W. 53rd Street, Suite 265 Boca Raton, Florida 33487 Tel: 561 571=3800 Fax: 561.241-7084 INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 PLEASE Amount Due: $18,996.00 UDE Ptease Remi To: COM Soth Inc. Po 8az 100902 Atlanta C,A30384-0902 Account Number: Wire Routing: Invoice Number: Invoice Date: Project Number: 000200418081 011000138 90053335 08/18%2018 229857 In accordance with the Continuing Consulting Engineering Services Agreement for Professional Services dated April 17,. 2018 and CCNA2018 Work Order No. 1, dated June 5, 2018, between Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), we are rendering the following invoice for Professional Engineering Services as described below: 229857-2018 WATER QUALITY TECH REPORT�� 4 Description Contract Amount $31;660.00 Lumpsum Amount $31,660.00 Percent Complete 100.00% Billed ITD $31,660.00 Less Previously.Billed $12,664.00 Total $18,996.00 Amount Due $18,996.00 467 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM / 5e,6 Date: August 30, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWDD Subject: Cost Sharing Agreement between SWDD and School Board BACKGROUND: Indian River County Solid Waste Disposal District (SWDD).partnered with the School Board of Indian River County (School Board) to launch a recycling pilot program at four district schools in January 2018. The pilot program was a huge success, and on July 3, 2018, the SWDD Board conceptually approved to provide 50% funding, estimated at $13,800, to cover half of the one-time costs for containers and materials for the expansion of the pilot program to the remaining 16 schools in the district. The Board directed staff to work with the School Board Superintendent, Dr. Mark Rendell, to request a 50% funding match from the School Board at the next available School Board meeting. Superintendent Dr. Mark Rendell.took this item to his School Board at a Superintendent's Work Shop on August 14, 2018. The purpose of this agenda item is to finalize a cost sharing agreement between SWDD and the School Board. ANALYSIS: Using the pilot schools as a guide and considering the number of students in each school, SWDD staff estimated that there would be a one-time cost of approximately $38,000 to provide the remaining 16 public schools with the same recycling containers and equipment used in the Pilot Program. The School Board recently entered into a contract with Waste Management to provide recycling pick-up services, and Waste Management has offered to provide 64 -gallon carts for the cafeterias and 35 -gallon carts for the outdoor areas, a total monetary savings of $9,700. Recycle Across America (RAA) has a donation program that offers 100 free recycling labels per school, and at this time, they have committed to providing free recycling labels for four schools, or 400 labels, which is a saving of $700. The RAA school donation program is based on corporate sponsorships, and additional in-kind donations for the schools may be available at a future date. The remaining labels are included in the overall estimated budget. On August 17, 2018, SWDD submitted an application on behalf of the School Board for a $2,500 grant from the Waste Management Think Green Grant program. On August 28, 2018, SWDD received an email notification from Waste Management that they awarded the grant to the School Board for $5,000. SWDD Agendapag 68 With these in-kind donations and the grant, the remaining cost to expand the program to the 16 public schools is tentatively estimated to be $22,600. Therefore, the 50% cost share would be $11,300 each for SWDD and the School Board. A cost sharing agreement has been prepared between SWDD and the School Board, with Dr. :Rendell signing the agreement on behalf of the School Board as the total amount is less than $50,000. It is anticipated that the recycling program will be implemented in phases. The attached agreement includes two exhibits that outline the conceptual costs and the cost sharing breakdown as well as the annual report that is required to be submitted by the School Board to Waste Management. SWDD has requested to be copied on this annual report to keep progress on the expansion of the recycling program. FUNDING: Since the School Board intends to purchase the materials for the recycling program, funding for the cost share agreement is available in the SWDD recycling account under Other Operating Supplies, Account No. 41122534-035290, which is funded from SWDD assessments and userfees. The account has a total budget of $25,000 for Fiscal Year 2017-18. Description Account Number Amount Other Operating Supplies 41122534-035290 $11,300 RECOMMENDATION: Staff recommends that the Solid Waste Disposal District (SWDD) Board consider and authorize the following: 1. Approve the Cost Sharing Agreement between SWDD and the School Board of Indian River County, which provides 50% funding in the amount of $11,300, to cover half of the one-time costs for containers and materials for the remaining 16 public schools. 2. .Authorize the Chairman to sign the Cost Sharing Agreement. ATTACHMENTS: 1. Cost Sharing Agreement between SWDD and the School Board 469 SWDD Agenda Page 2 - Cost. Sharing Agreement for the Expansion of the Indian River County School Recycling. Program THIS COST SHARING AGREEMENT for the expansion of the Indian River County School Recycling Program, 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, 1.801 27th Street, Vero Beach, FL (hereinafter "SWDD") and the School Board of Indian River County (hereinafter "School Board"), whose address is 6500 57th Street, Vero Beach, FL 32967. WHEREAS, a Recycling Pilot Program initiated in January 2018 at four public schools. showed that a campus wide approach to recycling resulted in a higher volume of recycling and a reduction in the amount of garbage generated per school; and WHEREAS, the Indian River County Solid Waste Disposal District and the School Board of Indian River County wish to collaborate on the expansion of the Indian River County school recycling program to 16 additional public schools as detailed in Exhibit 1; and WHEREAS, the Superintendent Dr. Mark Rendell has the authority on behalf of the School Board of Indian River County to provide the matching. funding; NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: 1. The SWDD Board is providing a one-time contribution in the amount of $11,300 to the School Board for the sole purpose of the expansion of the school recycling program; 2. The School Board shall provide the matching funding in the amount of $11,300 to purchase materials to be used for recycling programs at select schools in the School Board of Indian River County. The School Board shall provide an annual report on the first Monday in December as a condition of the grant from Waste Management, Inc. of Florida with a copy to SWDD, as referenced in Exhibit 1 and detailed in Exhibit 2, to provide updates on the progression of the program, until the expansion is complete. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Peter D. O'Bryan, Chairman By: Deputy Clerk BCC approved: 0001:1113 By: Jason E. Brown County Administrator Date APPROVED AS TO LEGAL FORM AND SUFFICIENCY Dylan Reingold County Attorney SCHOOL BO RD OF INDIAN RIVER COU TY By: L // L-L� Dr. Mark J.. a ell, Superintendent Date Approved 470 Exhibit 1 Estimate for Districtwide Expansion, Cost Share Breakdown and Annual Report Recycling Breakdown per School: 471 Page 1 of 6 Location Container Type Price per Container # Containers Cost Beachland Elementary (466 students) Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 31 $278.67 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 80 $140.12 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,906.51 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 50 $444.91 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Citrus Elementary Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (744 students) Collection Cart for Custodial Staff . Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 1 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 99 $172.55 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,105.19 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 30 $269.70 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Dodgertown Elementary Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (451 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 79 $138.37 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,895.79 471 Page 1 of 6 472 Page 2 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 41 $367.77 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Fellsmere Elementary (615 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 90 $157.50 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,013.00 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 33 $297.80 Glendale Elementary Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (498 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 82 $143.85 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,929.38 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 32 $289.43 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Indian River Academy Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 (484 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 - 81 $142.22 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,919.38 472 Page 2 of 6 473 Page 3 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 37 $330.69 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Liberty Magnet Elementary (553 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 86 $150.27 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,968.69 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Osceola Magnet Elementary Classrooms 10 gallon $8.97 36 $319.33 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria S gal. bucket with strainer $10.00 3 $30.00 (534 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 85 $148.05 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,955.11 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 35 $310.96 Sebastian Elementary (520 students) Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 84 $146.42 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $1,945.11 473 Page 3 of 6 Treasure Coast Elementary (673 students) Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 45 $402.45 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 94 $164.27 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,054.45 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 47 $425.18 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 2 $150.00 Vero Beach Elementary (711 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 3 $30.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 96 $168.70 RAA Labels for larger recycle labels $2.35 12 $28.20 Subtotal $2,081.61 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 55 $493.95 Teacher workroom Lounges 10 gal. bin $8.97 • 9 $80.73 Gifford Middle (826 students) Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 104 $182.12 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,348.49 474 Page 4 of 6 475 Page 5 of 6 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 55 $494.55 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Oslo Middle (827 students) Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 104 $182.23 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,349.21 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Sebastian River Middle (968 students) Classrooms 10 gallon $8.97 65 $578.86 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 1 $220.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 114 $198.68 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $2,449.98 Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 155 $1,391.85 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Sebastain River High (1;862 students) j. Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 2 $440.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 204 $357.29 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $3,641.57 475 Page 5 of 6 Subtotal $36,700.00 Shipping Costs $1,300.00 TOtal $38,000 Cost Share Breakdown: Funding Source Location Container Type Price per Container # Containers Cost Offices 7 gal. bin $5.50 20 $110.00 Classrooms 10 gallon $8.97 192 $1,725.23 $22,600 Teacher workroom Lounges 10 gal. bin $8.97 9 $80.73 Vero Beach High School' Cafeteria 55 gal. Round bin w/o lid $75.00 4 $300.00 Drainage Bucket Cafeteria 5 gal. bucket with strainer $10.00 6 $60.00 (2,995 students) Collection Cart for Custodial Staff Dual Dolly & 55 gallon bin $220.00 2 $440.00 Hallway/Copier room 23 gal. bin $22.94 20 $458.80 Outdoors 32 gal. round w/ lid $41.00 10 $410.00 RAA Labels for smaller recycle labels $1.75 241 $422.33 RAA Labels for larger recycle labels $2.35 14 $32.90 Subtotal $4,039.99 Subtotal $36,700.00 Shipping Costs $1,300.00 TOtal $38,000 Cost Share Breakdown: Funding Source Amount Percentage Total Needed $38,000 100.0% WM Think Green Grant $5,000 13.2% WM In -Kind Carts $9,700 25.5% Recycle Across America $700 1.8% Balance Remainingl $22,600 59.5% S School Board $11,300 $11,300 50% 50% Total $22,600 100% Overall Breakdown: Funding Source Amount Percentage WM Think Green Grant $5,000 13.2% WM In -Kind Carts $9,700 25.5% Recycle Across America $700 1.8% SWDD $11,300 29.7% School Board $11,300 29.7% Totall $38,000 100.0% Annual Report: The Think Green Grant from Waste Management requires an annual report to be submitted by the first Monday in December. Please see Exhibit 2. The Solid Waste Disposal District is requesting to be copied on this annual report to Waste Management. 476 Page 6 of 6 Exhibit 2 - Annual Report wime 444444444444 2018 Waste Management Think Green" Grants Vero Beach, Florida WM Market Area AUGUST 28, 2018 Dear Valued Community Partner, Thank -you for your participation in Waste Management's 2018 Think Green Grants Program! The WM Think Green Grants are part of our company's ongoing national effort to encourage the development of local community engagement and environmental solutions that build sustainable communities. We are excited to learn how your grant project/program went this year! Please complete this brief end -of -year report. The information you share in this report will help us improve our program and process for future awardees. In addition, information provided may be used in our internal and external communication materials. Please complete your report and provide signed release forms and photos/videos by December 03, 2018. Submit report, waiver and media by December 03, 2018 via email to the following: WM Market Area Contact Name/Email address: Amy Boyson, aboyson@wm.com WM Market Area Information: Vero Beach, Florida We are truly honored to support the great work you are doing in our communities across. North America. Sincerely,. Dawn McCormick WM Market Area Contact 477 WASTE WUMB 444444444444 2018 Waste Management Think Green" Grants End of Year Report Due December 03, 2018 1. Please provide name of Think Green Grant Awarded Organization. Click or tap hereto enter text. 2. Please provide city/state where the Think Green Grant was, utilized. Click or tap hereto enter text. 3. Please provide a brief description of the project/event where Think Green Grant money was allocated. Click or tap here to enter text. 4. Briefly describe how the funding has helped to improve your community. Click or tap here to enter text. 5. How many people did your project/event engage and/or impact? Click or tap here to enter text. 6. Please list any specific accomplishments from your project/event. Please be as specific as possible. For example, # of trees planted, # of 32 gallon bags of trash collected, # of tons of food collected. for local food bank, etc. Click or tap here to enter text. 7. Please share any additional thoughts, reflections or information you would like to share. Click or tap here to enter text. Complete this report, and email to: Amy Boyson (aboyson@wm.com) In your email, please also include any photos, videos and/or media along with release forms. Information collected may be highlighted in our external/internal communications such as but not limited to our wm.com website, social media or company sustainability report. 478