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10/23/2018
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 23, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Reverend Dr. Joe LaGuardia, First Baptist Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating October 2018 as Manufacturing Month in Indian River County, Florida Attachments: Proclamation 5.11. Presentation of Proclamation Honoring Kim Denmark's "Walk Across. America" Campaign Attachments: Proclamation 5.C. Presentation on International Coastal Cleanup Results, Lagoon Friendly Lawn Program, and Announcement of Paddle Dash Fundraiser by Ashima Wild, President; Keep Indian River Beautiful, and Daisy Packer, Executive Director, Keep Indian River Beautiful October 23, 2018 Page 1 of 6 5.1). Presentation by Indian River County Health Department on Trap, Neuter, Vaccinate, and Release (TNVR) Attachments: Power Point Presentation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 11, 2018 6.11. Regular Meeting of September 18, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. Resignation & Replacement of Juliana Mendelsohn to the Transportation Disadvantaged Local Coordinating Board Attachments: Staff Report 7.13. Florida Public Service Commission Order No. PSC -2018 -0435 -TRF -EI, In re: Petition for Limited Proceeding for Approval of a Smart Meter Opt -out Tariff, by Duke Energy Florida, LLC is on file in the Office of the Clerk to the Board 8. CONSENT AGENDA 8.A. Checks and Electronic Payments October 5, 2018 to October 11, 2018 Attachments: Finance Department Staff Report 8.B. 43rd Avenue Bridge over IRFWCD South Relief Canal Railing Repair Final Payment, Release of Retainage and Change Order No. 1 IRC -1523 Attachments: Staff Report Contractor's Application for Payment No. 2 Change Order No. 1 8.C. Approval of Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve Attachments: Staff Report Work Order No. 2, GKE OA2 8.1). Microsoft Enterprise Agreement Contract Renewals Attachments: Staff Report Enterprise Agreement Contract 7409364.pdf Enterprise Agreement Contract 5642412.pdf SHI Quote-16035634.pdf SHI Quote-16038304.pdf October 23, 2018 Page 2 of 6 8.E. Base Grant Recipient Request for Match Reduction Attachments: Staff Report Request for Match Reduction IRC Emergency Management Budget History 8.F. Work Order No. 5 with Kimley Horn and Associates for Design and Implementation of Membrane Replacement for Reverse Osmosis (RO) Skids at South (Oslo) RO Water Treatment Plant Attachments: Staff Report Work Order No 5 and supporting documents 8.G. Termination of Bid 2018003 Annual Bid for Aluminum Sign Blanks and Hardware and Rebid Attachments: Staff Report Attachments 8.11. CR510/85th Street Right Turn Lane Extension at 66th Avenue, IRC -1745, Bid No. 2018039 Attachments: Staff Report Contractor's Application for Payment No. 3 Change Order No. 1 8.I. Miscellaneous Budget Amendment 018 Attachments: Staff Report 2017 2018 Resolution Exhibit "A" 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Dr. David Cox, Audubon Florida and Pelican Island Audubon Society, Regarding Trap, Neuter, Reabandon (TNR) Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS October 23, 2018 Page 3 of 6 11.A. Collective Bargaining Agreement between Indian River County and IAFF, Local 2201 - FY2018/19 General Wage Increase Attachments: Staff Report Third Amendment to IAFF CBA Exhibit A H.B. Meetings of the Indian River County Board of County Commissioners - Proposed 2019 Meeting Dates Attachments: Staff Report 2019 Proposed Meeting Dates List Version 2019 Proposed Meeting Dates Calendar Version 11.C. Red Tide Update and Ratification of County Administrator's Actions Attachments: Staff Report Red Tide Clean Up Work Order with Ceres Environmental Services, Inc. Notice to Proceed to Ceres Environmental Services, Inc. Memorandum of Understanding Waste Management of Florida 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Quarterly Budget Report Attachments: Staff Report Reports at a glance 2017-2018 Budget Amendment History 2017-2018 Qtrly Budget Report Q4 2017-2018 revenue Qtrly Budget Report Q4 2017-2018 expense September 30, 2018 Expense Analysis (Preliminary) F. Public Works G. Utilities Services October 23, 2018 1Page 4 of 6 13. COUNTY ATTORNEY MATTERS 13.A. 10:30 a.m. Attorney -Client Session: Martin County, et al. vs. U.S. Department of Transportation, et al. (Case No.: 1: 1 8-cv-00333-CRC) Attachments: Staff Report 13.11. A Resolution Authorizing Participation in a Joint Meeting on Monday, November 26, 2018, with The Board of County Commissioners for St. Lucie County and The Board of County Commissioners for Martin County to Discuss Joint Legislative Priorities Attachments: Staff Report Proposed Resolution 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Additional items for consideration prior to acting on Utility water and wastewater rate study Attachments: Commissioner's Memorandum Water Challenges B. Commissioner Bob Solari, Vice Chairman C. Commissioner Susan Adams D. Comm issioner'Joseph E. Flescher E. Commissioner Tim Zorc 1.5. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of September 11, 2018 15.11.2. Approval of Minutes Meeting September 18, 2018 15.11.3. Solid Waste Disposal District Quarterly Recycling Update Fiscal Year 2017/2018 - 4th Quarter Attachments: Staff Report General Information about Recycling in Indian River County 15.B.4. Final Pay to Geosyntec for Work Authorization No. CCNA-2014-Work Order No. 1 - Class 1 Landfill Permit Renewal Services Attachments: Staff Report Geosyntec Project Completion Report and Final Invoice October 23, 2018 Page 5 of 6 15.B.5. Request to Approve Work Order CCNA2018 WO No. 3 to Geosyntec to provide consulting services associated with Phase 1 of the Former South Gifford Road Landfill Redevelopment Plan Attachments: Staff Report Geosyntec CCNA2018 WO No. 3 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircaov.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 S: 00 p. m. October 23, 2018 Page 6 of 6 5,4 PROCLAMATION DESIGNATING OCTOBER, 2018, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, the manufacturing industry is vital to the health of our County, the State of Florida, and our entire nation; and WHEREAS, manufacturing is a cornerstone of our local economy, helping to sustain our quality of life as well as foster a solid and diversified tax base in Indian River County; and WHEREAS, Indian River County, in partnership with the Indian River County Chamber of Commerce, supports the manufacturing industry and manufacturing careers; and WHEREAS, manufacturing provides nearly 1,900 high -wage and high -skill jobs in Indian River County, paying an average annual wage of $46,000, higher than our current average wage of $39,900; and WHEREAS, our county is home to 136 manufacturers that produce a wide variety of products, from personal aircraft to personal submersibles, sold to customers throughout the world; and WHEREAS, public awareness of the value manufacturers add to our economy is essential to the maintenance of good community -industry relationships; and WHEREAS, we join the Indian River County Chamber of Commerce and its Manufacturing Boot Camp Task Force members in encouraging students to consider manufacturing as a career pathway; and WHEREAS, all residents are encouraged to take time to salute Indian River County manufacturers, and their employees, for the positive economic impact they make in our county, the State, and our nation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2018, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 23rd day of October, 2018. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Bob Solari, Vice -Chairman Susan Adams Joseph E. Flescher Tim Zorc 1 68 PROCLAMATION Honoring Kim Denmark's "Walk Across America" Campaign OCTOBER 23, 2018 WHEREAS, Kim Denmark is an exceptional individual who has been working diligently to raise awareness and action in the fight against homelessness across the United States; and WHEREAS, Kim Denmark is walking through 49 states, stopping in various communities, to bring attention to the poor, less fortunate, and indigent; and WHEREAS, Kim Denmark addresses issues of welfare, homelessness, homeless veterans, and poverty and is dedicated to encouraging the creation of new legislation relating to quality jobs, adequate training, and healthcare for the poor;. and WHEREAS, to date she has "walked" 16 states, clocking over 5,704 miles and 30 pairs of New Balance shoes; and WHEREAS, Kim Denmark has set an outstanding example for other citizens and inspires others to learn about and join the fight to end homelessness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board recognizes and honors the tireless efforts and sacrifices of Kim Denmark, and urges the citizens of Indian River County to join Ms. Denmark in her fight to end homelessness. Adopted this 23rd day of October, 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 10/23/2018 KEEP AMERICA BEAUTIFUL AFFILIATE International Coastal Cleanup 800 Volunteers 11,500 Volunteer Hours= $184,000 saved 12,400 pounds of Litter Top 3 Items Collected #1 Tiny Plastic #2 Cigarette Butts #3 Wrappers 5.C. Z-1 10/23/2018 10/23/2018 Sud & Beach Newmtlo. Satur�'�a F? orerrnbe;r 3rd @ Riverside CaM Dock 5. C. 2-- 3 Kimley>))Horn E z,Ped More, Expertence BOef' rpL DALE SORENSEN lk AGHT "V Sud & Beach Newmtlo. Satur�'�a F? orerrnbe;r 3rd @ Riverside CaM Dock 5. C. 2-- 3 W, S UT ERN EAGLE Pil5er .9� TH rpL I^Tl Ocean Conservancy Sud & Beach Newmtlo. Satur�'�a F? orerrnbe;r 3rd @ Riverside CaM Dock 5. C. 2-- 3 10/23/2018 C. qmpete on kayak or paddle board in individual races or in the ..Corporate Paddle Battle Championship! Register NOW on https:/Ipaddleguru.com/raceslPaddleDash *KJyaksand paddle boards available to rent while supplies last **Heats must have a mlmlnuin of3 participants This fundraiser is to benefit the Lagoon Friendly Lawn program — a "best management practice" & awareness campaign that can reduce the average lawn's Total Nitrogen runoff by 65%each year, Can't race? Donate now at KeepInclianfliverBeautiful.org via PayPal. Presented By DALE SORENSEN REAL ESTATE INC. The Symptoms: THE RIGHT MOVES"' 5.C. 2— 4 MOM 9� DALE SORENSEN REAL ESTATE INC. The Symptoms: THE RIGHT MOVES"' 5.C. 2— 4 10/23/2018 Part of The Problem: Non Point Source Pollution The Science for Lagoon Friendly Lawns w $7.6 billion value contributed to the economy 72,000 jobs generated *SJWMD* 100 homes committed to being Lagoon Friendly Lawns at the basic level = 1,300 lbs of Total Nitrogen LESS EACH i / YEAR in the Lagoon TN Reduced /yard/ year :TP Reduced/ yard /year•E /r 1t fiNon-Member Level 22'.82 lbs/House 62741bs/House FIT Research Study on Lagoon Friendly Certified at Member Level 9.7720 lbs/House 110.1896 lbs/House Lawns* �- O on 1: iti i. ;�1'3;048lbs/House 4378.16s. �-1-edvc , 5.C. 2-- 5 10/23/2018 How To Be Part of the Solution: 1a9OOH FrIenaw Lawn Nutrient Pollution RedUCtlo" PMgr*M S PLE FIRST STEPS w Fertilizer Free (June - September) Use 50% or more Slow Release nitrogen fertilizer No Phosphorus without soil test showing need Minimal Pesticide application (spot treat only) Continued... It's Easier than you think... Fertilizer -free Buffers along water and curbs ➢ Stop fertilizing 4'-8' away from any drain, water source or curb ➢ This prevents spray effects and excess runoff ➢ The excess fertilizer will slowly leak to these areas naturally egularly pick up Pet Waste Keep Lawn Clippings out of storm drains and water ➢ Make sure to point the blower away from storm drains or rake clippings ➢ Decaying clipping release excess nutrients and fibers contribute to muck in the riverbed 5.C. 2 6 10/23/2018 5.C. Silver Award Criteria (Must Meet All Previous) �.'u . a 30% or more non -turf, permeable yard ➢ In other words - planting areas, mulch, stone mixtures, shell mixture, etc aintenance=free buffer along water & curbs ➢ Create non -fertilized planting areas or stone/shell rock borders Use of sustainable mulch Drain spouts pointed at permeable surfaces (Not pavement) w Water capture for reuse - such as rain barrels w Efficient/minimal or no irrigation (Ensure timers are within requirements) w 10% or more Native Plants Gold Award Criteria: (Must Meet All Previous) No Category 1 - Exotic Invasive plants ➢ list of Exotics available through County Extension Office /➢ Site visits are available for a fee to help with plant identification ➢ 50% or more Native Plants ➢ 10 or more varieties of native plant species ➢ Flowering or fruiting plants for wildlife ➢ Living Shorelines Use planting areas as a buffer to help absorb more nutrients faster than grasses Z -- 7 10/23/2018 It's a Pledge: - To reduce your impact - Be Fertilizer Free - June through September - Use slow release fertilizers - Pick up pet waste - Don't over water your lawn, especially after applying chemicals IPL Sponsored By Mft INOWIt'S"V11 5.C. �� 8 Indian .River -County Board of County Commissioners Free -Roaming Cats & Public Health Risks Miranda Hawker, MPH, Health Officer HIM Florida Department of Health in Indian River County HEALTH Tad Stone, Indian River County Emergency Services Director Indian River County 3 G/ 1 0 How many are there? _. 66% of owned cats spend all or part of their lives outdoors • United States • 107 million+ outdoor cats • Indian River County • 38,000+ pet cats • 30,000+ stray / feral cats • 55,000+ outdoor cats References: 2012 AVMA US Pet Ownership & Demographics Sourcebook, Pet Ownership Calculator Winter L. 2004.Trap-neuter-release programs: the reality and the impacts. J Am Vet Med Assoc. Levy JK, Crawford PC. 2004. Humane strategies for controlling feral cat populations. J Am Vet Med.Assoc. 4 Florida bat bite victim dies of rabies Highlands County resident did not seek treatment, officials. say By Daniel Dahm-O itsl MR n_aer Pasted: 3:10PKOctob=_r?7, 2Q37 Updated: `s;in Ptd, pato" er 2;,?Q17 013 IIIt 8.3k 5 Warning issued after 'Pace resident exposed to rabid cat From staff repots, prig com tenor+ FA) Rabid cat shot after attacking an PLOt:arud&,D*I.. CT Fft19. ZD+a l vwabd 5:11 pi. CT FW gots in Gibsonton 17, Ln La. cs f Rabid stray cat attacks three in Afler a Pace resident was exposed to a cat Tampa I` 1 that tested positive for tables, officials are warning Tampa ate public to take precautions to avoid contact with potentially rabid wild or domestic animals.rL. r �l Most uses of rabies occur in wild annals such as raccoons, foxes, skunks and bats, but ,pets can also contract the disease 'I!they are not vaccinated. accordwng to the Florida Department of Health in Saha Rosa County, The virus is carried in the saliva of infected animals and Is usually transmitted through a We or snatch, Rabies can be fatal to humans and animals, in humans, the disease can be prevented if ane rabies vaccine is administered as soon as possible after exposure. Rabid cat found in Tampa, two people treated for rabies exposure BY.' T rS "IdtMO POSTED: 432 AM, = i. 1-18UPDATE���D:... AM. Mug, an19 1 ..; CAT TESTS POSITIVE FOR RABIES,, ®� LJUI.LUIb L.dRC ICJIUCIIL, VVCII IICU UI ICldl ..�.�.. cat with rabies Clay Countyheatth advisory tolast for 60days •w•,,•• .....;,.i,...,.,..r �...,.. ly nulla Flrkfrr •nuA6: butdmnK 117 a+•awr.a,a ••.. +.tt•^^•••w•■••,r AtrwasaraLsrtA.A•�sLs revard Health Department Issues Rabies Alert in esponse to Stray Cat That Tested Positive in MOB IV sttb ra.r ow r igfa~ JA 29111 RABIES ALERT FOR THE FRIDAY ROAD. FLEETWOOD PLACE AREA IN COCOA rr rtwrr�w•a+yu.rrr,w-+R-s �•ti.�a..w,P•rna.rd. ti+,rrmr.o q IT REVARD COOrry • MERRITT ISLA NO. FLORIDA -lite rbttaa oepsRMnt m nrAIM In II—SM Loamy laaood• f*i lin rte the hbpy 01014 TtearWAa Place — in Cane. T till h Ie rcsponu W. U.1 cat loaf tented poaifhe tm fart frtlay. i GREEN COVE SPRINGS, ria • the 03yCo" Health Department issued a raWes adAcay Wednesdayforthe Docmn takeareaforOranDe Park aftuoOkfals uid a person wisblum by a feral rat -tfttened PaSk?mforrab;m t 6 Animal Rabies in Indian River County by Species CY 2007 — July 2018 Raccoon 7 (44%) Bat 4 (25%) Cat 4* (25%) Otter 1 (6%) Tota 1 16 *Positive cats: 2007, 2010(2), May 2018 Outdoor Cats Public Health Issues Other Diseases Spread to Humans o Toxoplasmosis (fecal parasite, chronic infection) o Roundworms /Hookworms —larva migrans (fecal parasites) o Cat bite infections o Cat Scratch Disease Others 17 Courtesy DOH in Miami -Dade County Toxoplasmosis Parasite found only in cat feces (poop) Infects most warm-blooded animals Spread • Cat to human • Foodborne • Mother to child o To lagoon Hvdrocenhalus Human infection o No symptoms in most healthy people • Miscarriage • Neurologic disease • Eye disease Ocular Toxoplasmosis 9 0 Outdoor Cats & Rabies Why Does it Happen? ® Raccoons main rabies carrier in eastern US Outdoor cats have contact with raccoons (fighting over food) • Cats are #1 rabid domestic animal • Rabid cats can be aggressive and dangerous • Hard to catch, confine and observe for signs of rabies - Victim is more likely to require rabies post -exposure treatment 11 High Risk Animal Rabies Exposure Feeding 12 Trap -Neuter -Release or Return (TNR) • Ineffective at population control in most situations - Can't capture every cat - Immigration of intact animals into population - Continued dumping of animals by humans •. Feeding stations - Increase animal congregation and density - Wildlife comingling / competing for food - Increase disease spread Within the colony • To other species • To humans 13 J 4 L I AV I Ir J 4 L I I Ir Pubk Health Threats from San�tary Nu�sances Feeding Colonies Often Create other Sanitary Nuisances Threatening and Impacting Neighborhoods M a t y e sn , 15 Animal intake Data Humane Society and Animal Control 2010-2018 16 \BCROE V A R D ;--=__--- —= Density of Captured Cats U N T Y / (1 I1/ 1I Y 8 -year period (2010 - 2018) - °""'A'' xlrxx LA0001V �. M1 r 11r;r rt o J ,. 507 Sebastian Orchid - } t - I Y 4 5110 Fell[smere a------._ri _jY11 1 OFI z� � � i � fw� Oanssir d1l9 O � .:nylonel ALr rt _.%moi OKEErCHOBEE C061NTY �yetaer• Soy rceoilraovedannnaldata: o� Humane Soc�ty of Vero Beach, 2010-2018. _ 3. Source of Rabies Alert Boundary: FL Department of Health in Indian River County - k Moo Date/Source: 1015/2018, IRC GISICPL— -------------- ----------------- i- S -T. L,U Cil E (.nil MTV Za, LEGEND Density of Captures F7 High Low Rabies Alert Boundaries 2018 1 2010 (December) cm.71 2007 E2Conservation ° Lands Municipal Boundaries This density surface model Is a generalted heat map showing areas where tree -roaming outdoor cats were captured by IRC Animal Control from Jury 2010 to September 2016. During this 8 -year period, there were 2,963 cats trapped, yet 113 of these trapping 14 locations are not included in the model due to incomplete location information. t. 0 1 2 3 4 Miles :1 D N W E !r'rl S Generallocatio.n of rabies -positive J i cat in May 20,10, /Nn1I. resulting in county - RIVE Wide Rabies.Alert. 17 LEGEND 14 Capture Counts: Gifford RrWA 1 Capture Locations 8-year period (2010 - 2018) Cat Count Per Location Iernn,v �0 O 1-2 3_6 6 7-14 15-30 51 L17j Density of Captures 6 49TH ST 4, 0 4 High �. - 1 1 006 O QO 9 O?� O cy tf O __- —_ GIFFORD J O 11 Low 'Sf1Tll. PARK {'� 1 2 At} JQ O 1 1 (�} 0 4� LiL- —i `!�/� " Tho point symbology roprosents a �Q >`+� range of successful captures by > J r _ 4 14' t Qit 7� 050 5 q 3 1 G;—iter Ot �� aS fH S7 magnitude at locations where public �r I IS ♦' Q 2� .S{ 2 1 5 _ For Ed. l �, DOC-K complaints were made from July 2010 --1 ♦ g• L,y - �� 2 6 GI ZroY✓,bdle 4 thru September 2018 (8-year period). - 45TH ST Q 2 1 '4: 1 3 1A 4 1 4 Q; 2 1 til Q + Labels Indicate the actual number of o,tj t '3s' l3 6 rq It O .. 1 cats captured at a single location. 1 3, 3, ,�, t t ,p 1: f 002 Q 1 1 Q (1] rlt} 0 [� 11 B Q 2 f [� County Parks } a lorid`allow� � �+�t *31 4Q ` r r ,-n-� �i Ir I 5 O lEhfinentaTy �© \:/ Q1 1 'yi U u _J Conservation I - p, 13 O 6 �, O i �--J Lands 6 160 St.�� 1gt 5 1 1 121 �_� 9�rQ, ( Schoolyard 1 wdemyi.s. 40 O �0 - 1 b� `' 77,177 v 7 }, 3s t 4 o J 01 O ® 1 t 41STt.$T �1J4,HOWE 'a 2 SCHUMANN PARK i W. �Ea i — j 20; 2 02 '' i 141 F i° 1 2 0 2 `I-� r s p ._-.II �1 O �� 37TH STj VeroIndian River i : © Medical 1 01 Beach Center r W Vim 8bbO. Offi, Soureeof 22221 animal data: a Nrpur! r6 0.ny Humane Soc" of Vero Beach,2010-2018. y cr�� 10MODDate/Source: 13 BFtD 10/412018. IRC GISICPL (' . 0 0.25 0.5 0.75 t 3 ( J ij i 1 t/1ERRILL BARBER- Mle 18 17 N Capture Counts: South County 1 2 24 w E 0 2 8 -year period (2010 - 2018) 0 1 4 0 S A3 10 60 /A 0 0 1 1 1 4 7 11 1 8 0 - INDIAN RIR 1 8TH ST 4 A 0 A 2 w1'� ,LAGOON > 01 6 3 2 2 CK) i 2:00 1 3 2 ts 001 v 0 IVDJ.iA' 0 CN 01 3 M P.- 01 1 13, 00 0 LAC001V 2 2 0 -- O 4TH ST 714 01 4 09 0 1 AO), 2 1 02 10 0 2 I Y 0 0 Jok LONE 1 3 1 (5), RNE 0 0 5 �&6 PARK 0 3 1 1 10 5 01�) 0 0 4 1 &0 1!j ST aJ a1 SW A 0 4 2 TCD 1 -7-10 0 5. 0 04P 9 1 12' Q 0 0 1 3 & A6001 6 6 2 Cb A 4 2 3 2 0 RIVERFRONTCA 1 0 01 A 0 :Iij 2 6 0.10 &0 10 5TH ST SW Middle 3 2 STH ST SW 0 & A, 0 —4 r 2 6 3 co U) 0 2 0 0 0 RICHARD N. BIRD 2 SOUTH COUNTY 0 i2 REGIONAL PARK 0 0 4 NS 4 A 2, 0 1 1 0 ID 0 Source of Ing animal data: 2 Society Vero Beach. 2010-2016. m f 01 Source of Rabies Alert `SO'UTH OSLO FL Department of Health in Indian River County 9 1 1 1 RPVERFRC�NTICA Map Date/Spurce 101412018. IRC GIS/CPL_ OC) 0 0 C'j 0.25 0.5 0.75 1 osmotama atsctZw 2 13, 9" iMil 19 Vero Beach 71 PRANGS 7� ISLAND 7 2 AlA Map Date/Spurce 101412018. IRC GIS/CPL_ OC) 0 0 C'j 0.25 0.5 0.75 1 osmotama atsctZw 2 13, 9" iMil 19 00 (� 1 1�+ AteA^\ •V �r I NO 0 rMr W 138TH AV W 1, ® 134TH CT 2' a N O, y 130TH AV c� 4.. . w '�. .. .�` ... -moi t" m y iJ _ o x 1 V1 N y 00 (� 1 1�+ AteA^\ •V �r I NO 0 rMr W 138TH AV W 1, ® 134TH CT 2' a N O, y 130TH AV c� 4.. . w '�. .. .�` ... -moi t" m y+'q iJ _ Cfl N O � of 4D w o O N C D+ O (no 'Z ._. 11 IM 'N II (0 O HICKORr--T ® , i' U...O krU VO VO (� p uVVu V V VV, �. Q�, 0J0 ;O G M M -0 N ^� 0 00 (� 1 1�+ AteA^\ •V �r I NO 0 rMr W 138TH AV W 1, ® 134TH CT 2' a N O, y 130TH AV c� O N LIME ST y+'q iJ fT Cfl N O � of 4D w o 00 (� 1 1�+ AteA^\ •V �r I NO 0 rMr W 138TH AV W 1, ® 134TH CT 2' a N O, y 130TH AV c� �� Doi' N LIME ST y+'q O W, ® C] rf N ^'jl�\ � of 4D w O N O � IIS V4 {J V4 c9m 'Z ._. �. J V4 C ®� N� II � uVV i' U...O krU VO VO (� p uVVu V V VV, V 0V M N V O 4 C V V �� � V V J 4 V fJ {✓ V V PJ VV V {'!O r !V 4:JV Cl V4 u C:O G Vt t'GV 0 y C11 `l 4V IJ 4C U`J`.L4 4(V c,VG <toJ`JV4 fi U V OC'V�4f V4VU J V�, 4V0V V.j V{JOV VO t'VU ij AJC 40 tCmltr-- A V , V ! .{J CJ4 yD;y L'U V ( {J V4 V O {! V V, 0- �UVV VrJ ! VV1, V' V {.' J U U U V V`�:v,J4! VV t.V � !!t4U V :✓ 1J0 .1C � •� 4V4(J4,,V VU uO VV'J4Jp V V V! C! U 4 V o (tom �m�S �s p 00 � 10 s' c l{111 (n r n -4 W o �; CL a��m Sfoo � r I I r m, 3 mc� arn N o 0 N ID NmR� m g o m m g 0 W A � n m V O to Z .. `d � r •V. a � c o 0 m 3 9 v ^ j mC) m m N ! 3 N a m a u V)2 �iN� � 3 P y�ofi.� m m . -_ ..''•,��`.. t. L� 4 CJ u ZI C' V {J tr S! V 4 C. 0 v rJ V C 4 V u (! V V t f — 37TH ST Capture Counts: Vero Indian River ;I I Medical � 8-year period (2010 - 2018) `— h Center 4 J`J j� ?I � f3caatlune Elementary ♦ 10a:axi N \ I 7yp { BRD(� BEACHIAND BLVD BER Q ♦ - -- 13 anion t 4r` I t MERRUI BAR 3 O �' i �- r.� nla.v 2 Q artvtrr m LAGOO.'�� 2, ./ O1 Z O� 11 6 1 Oz ` I– Vero - _-_ ' - t t\ONg��O, t 8 O2 �' Beach LEGEND i 26TH ST Pv\P 1 Z{ 3' 3 P`o1 t; Capture Locations N t O QPM p0 Cat Count Per Location M 1 1 03 3' f6 yQy p1 0 1-2 201 O 1'1 1 z zO OCDj {J�'1 t .1� 1 t 1 ycr , 20 O 0 til ,t; 0 0v ® 3- 6 0 01 Oz > t O�JO C�1 p�y� 0 -�O O(} �1 ROYAL PALM o� A3 7-14 \C l� 0 , 2 - 3 O o (\ANS 1 a: O'1} �� fl O �`6 1 21ST ST x 2 �. P 2, t ? t 70 - _ Q 15-30 a 1 #-20TH ST 0 t O a 0 �A 2. —' �F- ✓ tw. 10 " "�� 60 1 1 = 1 1 1 3 11 tS 2 � Densityof Captures � 1' 1 ya�" r t, 3' O 9'; q1 '4} �q � t 3 .,. 3 u 2 � � . p O2 11 _pot �0 1 . i D' t A 4 2 �. 22 � r r Q.:x.. t 2� �4? 8.1 2 r-7 High tL�� ,n 6 0 2 1 - 3 O` 0 O pQ 1 2 0t 1 1t� 3 2 OD O M 3)Q00 vexs, O q 1 02 O ��O FLCi U t 1 2 OD 1 1 1 1 Low 5 1 1 4Y Y 10 ,,�� �' 15' O 2 - Q_ O t The point symbology represents a 2 01 1Q 1 1 CIA 4} t> y 1. 1 } 1 17TH ST range of successful captures by 0 1 O O0k 4 ♦ 0�� t a 1 656 magnitude at locations where public 16TH ST 1 2 Rosewood 27 1: O =, •�-•--' 4 O complaints were made from July 2010 0 t Me net -3A t 'g�-O-�1--�9L6 1 5 1 C_7 O 1 3. o Uru September 2018 (6 -year period). 1 1 (T 1 t 4� 2 tvem Beach O �,- _ _, A Labels Indicate the actual number of t 01 02 rrgesohoal A3 7 d ? 3.101 1 t cats captured at a single location. 01 2 O 1 > > 2 -" i t v_ ♦ z z t 2 1 O 0_ Rabies Alert t t O 2 F. I ca O O— — -- 2018 0 O 02 01 02 01 ci, 01 N O 1 -� 2010 3 v I 1 nr v Q C. 01 O 2— 12TH ST em e� ach i eme ary 1 l 4 2 X: R_, \ i O -711 fs tO 1 Conservation i 02 1 0j1 2 1 4 C 01 �J N Lands 1 -- 2 O '� W _,E J Schoolyard yerorlr,b� Source o(treoped animal date: 1 O -, 0 3---' Humane Society of Vero Beach, O 1 1 8 ',, Municipal a 2010-2018. O Q1.Ii Boundaries °a a Mao Date/Source: 1. 1 4 7 8 � jeP 10/412018• IRC GIS/CPL 6- .8 ^1 8TH ST 0 3 1 O 1 trlAN RivER 0,25 , 0.5 0.75 1 . 9 21 Capture Counts: Sebastian North '` 'o' RryB Me Center 41 ' ALORIn'� f 8 -year period (2010 - 2018) " 3 tV A �0 1 B'WEsV A R D � 5y C O U;NrT.Y. N ROSELAND ' COMMUNITY 2 CENTER AND PAIR 01 3 ., s o ROSELAND BALL 1, FIELD M[LCN A+ HANSON KIRK) 1 INDIAN RII'F. R L.I000,V ARCHIE 6MITR'"—`—""'—•" r'? FISH HOuSE^ 3 ' y i" 10 ��al'l a ��_ 01, { ' I v o a J N�+ J a J '----- -�------- ���-- - - -- - Jt ♦7 -ADDIT ON✓ •— — - ^- — - -_ _ J Ja J a J �� J o J �? J , a � J° J r a ' �Y - f � J J � J � ' � J ✓ ,, � J � is �-�� J NORTH �SEBASTIAN CAr MACDONALD PA Sebastian ANDCAMPGROU U { Sehuotluu ° J ' y � . AlrNurt J a � ,> � St. Sebastian River tMMORow J� �P� i 0 PARK < rn Preserve State Park \, ] 1 ,1 4 O 1 O1 1 ,P,vrx�� Source of treooed animal data: r' + ( /uj O d"( Humane Society of Vero Beech, ' L� { 2010-2018. / �','iQ 2 Q : 1 f 1 1 1 O I 5�/. Mao DatelSource �r yunr - 4 �p �{ LL O I Sebastian Elam mA- 10/412018. IRC GIS/CPL L7 }/" L" \�P LEGEND Capture Locations Cat Count Per Location O 1-2 ® 3-6 7-14 O 15-30 Density of Captures F7 High - LOW The point symbology represents a r of successful captures by iitude et bcetions where public lalnts were made from July 2010 ieptemher 2018 (8 -year period). is Indicate the actual number of captured at a single location. _C ] Conservation Lands rCounty Parks Schoolyard r Municipal Boundaries 0 0.25 0.5 \\ M 22 0.75 1 Mile LEGEND Capture Counts: Sebastian South 1� z 3" _ t Capture Locations 8-year period (2010 - 2018) �'' 2 Z Cat Count Per Location ,SEBASTIAN+ O Q 2.r —: , ', IVDIA.Y ;r J ti Q Zn J HARBOR l KIt'CR O 1-2 ,;PRESERVE'j 111 j �_ C C 512 , �� I J `�J �� 2i. 0 7-14 ` ty0 O 15-30 '' ao 01 O 1 ENcv�R I?F, - -1 --, 1 -_._; O v. Density of Captures i I , FITRACT�?} O _ 21 �,1 t r--7High j 0 �{ 1 j�� a � t7LL l`L^ z , O O E' riy �``.1 tow f �� 'O 1 z \ ''1 OA 5 The point symbology represents e _._ CD l��-� r '!�"� range of successful captures by a,� \ZN i ��. 1 magnitude at locations where public �EL�+> �— , Sebastian L 3 '!r —w� N complaints were made from July 2010 CA/JOE� ONCH !- '� �- _nw�` 1 W O ._._..,�.� ,' y y ` _ thru September 2018 (8-year period). Q 1 1 - _ , '� O Labels indicate the actual number of Zt ( Y-,"S', v \ cats captured at a single location. I� TRACT'S 1 .0 O SEBAN L _ } r Conservation , ,3 SCRUBCn �! �. _ `� Lands 2 � t O� , S 3 , 1 0SCRUBNEE�4 ` , + ; COUnty Barks -6 , 3 Y 4 0 0 PRESERVE 0 1 _�^. ---- -- Schoolyard t O♦5\ Municipal G—_—W- P Perioan; J 01P Island' f Boundaries J QST SRNER EBASTAN O 01 Elemenrery. . u __._-_ 001 ;_. . , - F01 N O r'-I i w E er h Stlrool O SPARK I J S Mob hia ib I p -1 J Srnoa 3 waeas I 1 l S � J� a '•' 1 CAU aY .ARK 02 r'� i 5 1r JSCR6BbAA,, t10 o� �L i 0 = a q9lni� Source of trecoedanimal data: 85TH ST _ 1 3` `' J ? ° '.65 2Humene Societyof Vero Beach, 510 2010-2018.Mao Date/Source:SOU14PRONG 101412018, IRC GIS/CPL PRESERVE CA 0t0 0 0.25 0}75 1 Mile 23 LIER" i RHORES� Capture Counts: North Island,,--- \E j B .CH PARK 1 L 8 -year period (2010 - 2018) ,, 51- 01 1 , .01 a 2 02 2 r AIA 1 �ti► C `DEN SANDS 0 1 `o _', 8 CH PARK "Orchid I o � P LEGEND Capture Locations Cat Count Per Location O 1-2 ® 3-6 7-14 Q 15-30 Density of Captures 77 High Low ConservaClon Lands Schoolyard Municipal f Boundaries The point symbology represents a range of successful captures by magnitude at locations where public complaints were made from July 2010 thru September 2018 (8 -year period). Labels indicate the actual number of cats captured at a single location. N 1 1 W E %ABASSO BEACH S PARK 1 III i 1, 0 0.25 0.5 0.75 1 `♦ Mile ' SourceSocieof 2ooed animal data: Humane ty of Vero Beach, 2010-2018. Mao Date/Source: 10/42018, IRC GIS/CPL 24 �ti► 0 _', � "Orchid I � P JANE SCHNEE„a„1 scaue PRE§ERNE%1 1, `'..•-`�,., 't. �, I,VDI IN +\, 93RD ST Dn7 q III!5�. Sebastian o;-------�- .. xrnxx-'t I.d CODA' - , 510 r•Z01 I- i 00 = j D tlt WABASSO �{ `SCRUB CAa! WaDasso Sd1O0/�3 '-. WABASSO CdY ♦ { EWAY LEGEND Capture Locations Cat Count Per Location O 1-2 ® 3-6 7-14 Q 15-30 Density of Captures 77 High Low ConservaClon Lands Schoolyard Municipal f Boundaries The point symbology represents a range of successful captures by magnitude at locations where public complaints were made from July 2010 thru September 2018 (8 -year period). Labels indicate the actual number of cats captured at a single location. N 1 1 W E %ABASSO BEACH S PARK 1 III i 1, 0 0.25 0.5 0.75 1 `♦ Mile ' SourceSocieof 2ooed animal data: Humane ty of Vero Beach, 2010-2018. Mao Date/Source: 10/42018, IRC GIS/CPL 24 Capture Counts: Central Island tuR1o� ` 8 -year period (2010 - 2018) LEGEND Capture Locations Density of Captures Cat Count Per Location FT High O 1 - 2 - Low ® 3-6 The point symbology represents a range of successful captures by W C OCt'AN .AT�r1�T( Z j . r N`G�,� s r r '0 Rabies Alert (2018) Conservation Lands Schoolyard i--• Municipal L f� Boundaries Source of tmnned Animal data, Humane Society of Vero Beach, 2010-2018.., Map Date/Source:, 10/4/2018. IRC GIS/CPL. - STATION - - m R _ ��TA IIII MOCKINGBIRD DR C3 > F O,I, i Y Elemenroy= O i IvolAm ` r `�1,9-� I t p INO(pN RIVER DRE QU ` xmex _ •' 1 , `>! ` ! w W ¢ LAGOON �,% i,. •t OSLO, n O 1 m Vero - .-w f 1e ���RNERFRONT CA �1 Beach ti 1 -,Indian,, River • o inA • *'.- R BLVD e3 O —` f ♦ • 2 RIVENDIAN !? LOSTTREE A RLAGOON O O GREENWAVISANDS 3` E? P}h OFnh._O 10A _0 1 y 1 R +�'' -r �� �,1` i157N /•v �. •' j �1 . - - '--- -OFA J. t 1t f- mtO 3O1 00 0= 42O= 2 tp5 1 F— 6TH AV ._._.,.,_ o , N 04 9 C7 S U tS H 6 5O O O to W g 1 r N J , 2 ! t 1 0 414 In =�, 10 2 2 1 7 2 3 ��DD�>v30 j 1 4 r� 6' s•1 a i r1 �L t 42J Ti iTetlutnuwevt�t 25 7-14 magnitude at locations where public �.f`—"'��^�-�`-"y� O complaints were made from July 2010 thinSeptember 2018 (8 -year penod). Sexton - 1;:�j15-30 O Labels indicate the actual number of Plaza cats captured at a single location. - ->j to" O , 0 0.25 0.5 0.75 1 ="pGEANOR 1 p1P ��^ PRANGE nISLAND Mile _ 1 Oi N�P,t G + I, 4 ZJ TRACKING r.,+-� 64 2 r N`G�,� s r r '0 Rabies Alert (2018) Conservation Lands Schoolyard i--• Municipal L f� Boundaries Source of tmnned Animal data, Humane Society of Vero Beach, 2010-2018.., Map Date/Source:, 10/4/2018. IRC GIS/CPL. - STATION - - m R _ ��TA IIII MOCKINGBIRD DR C3 > F O,I, i Y Elemenroy= O i IvolAm ` r `�1,9-� I t p INO(pN RIVER DRE QU ` xmex _ •' 1 , `>! ` ! w W ¢ LAGOON �,% i,. •t OSLO, n O 1 m Vero - .-w f 1e ���RNERFRONT CA �1 Beach ti 1 -,Indian,, River • o inA • *'.- R BLVD e3 O —` f ♦ • 2 RIVENDIAN !? LOSTTREE A RLAGOON O O GREENWAVISANDS 3` E? P}h OFnh._O 10A _0 1 y 1 R +�'' -r �� �,1` i157N /•v �. •' j �1 . - - '--- -OFA J. t 1t f- mtO 3O1 00 0= 42O= 2 tp5 1 F— 6TH AV ._._.,.,_ o , N 04 9 C7 S U tS H 6 5O O O to W g 1 r N J , 2 ! t 1 0 414 In =�, 10 2 2 1 7 2 3 ��DD�>v30 j 1 4 r� 6' s•1 a i r1 �L t 42J Ti iTetlutnuwevt�t 25 LIJ 1-1 Possible Solutions Finding Common Ground Public Education - Prevent further abandonment - Educate cat owners —value cats as indoor pets! - Educate feral cat feeders Policy Change - Strengthen ordinances - Properly fund animal control agencies & humane organizations Support Humane Alternatives to TNR - Increased adoption - Widespread low cost spay/neuter and vaccination clinics - Enclosed cat sanctuaries 26 4 Viutcloor enclosures (pet cats) - Cat -safe fencing 50 - Catios - Free-standing enclosures 'I ospaces.com ► -A www purrfectfence.com a Legal Authorities Florida, Department of Health Statute O Chapter 381.0011(2), F.S. — Control of communicable diseases, illness and hazards to health among humans and from animalsto humans, and the general health... C Chapter 386.01-386.051, F.S. — Authority to require sanitary nuisance removal or abatement. Administrative Code C Chapter 64D-3.04, F.A.C. — Rabies control in domestic and wild animals according to Rabies Prevention and Control in Florida, and the recommendations of the Florida Rabies Advisory Committee. Legal Authorities Ind.ian River County Animal. Control Local Ordinances o Animal restraint, rabies vaccination, licensure Animals as nuisances o Animal cruelty o Animal impoundment facilities o Kennels - definition and requirements 29 74 October 23, 2018 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: October 15, 2018 - Subject: Resignation & Replacement of Juliana Mendelsohn to the Transportation Disadvantaged Local Coordinating Board From: Misty L. Pursel Commissioner Assistant, District 1 Ms. Juliana Mendelsohn, Children at Risk representative, on the Transportation Disadvantage Local Coordinating Board, announced her resignation. Ms. Milory Senat, Agency for Persons with Disabilities, will fill the vacancy, effective immediately. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180D3B9D\@BCL@l80MBM.doc 30 FILED 10/16/2018 DOCUMENTS NO. 06588-2018 IFPSC -,COMMISSION CLERK /0.45.16 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for DOCKET NO. 20,180088 -El approval of a smart meter opt -out tariff, by ORDER NO. PSC -2018 -0498 -CO -EI .Duke Energy Florida, LLC. ISSUED: October 16, 2018 CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2018 -0435 -TRF -EI, issued August 28, 2018, this Commission proposed to take certain action, subject to a Petition for Fon-nal 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 -0435 - 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 16th day of October, 2018. k ARLOTTA S. Sl"A/OFFEIZ Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 41-6770 www.floridapse.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. JSC �0 4 ORDER NO. PSC -2018 -0498 -CO -EI DOCKET NO. 20180088 -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 fling 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. ..JEFFREY R. SMITH9 CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance. Department 180 1 271' S,treet Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSJONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 11, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 5. 2018 to October 1, 1..2018 comp; - 0 R Coot" In compliance with Chapter 1-3 -6.06, Florida. Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded ed 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 October 5, 2018 to October 11, 2018. 31 CHECKS WRITTEN TRANS N3R DATE VENDOR AMOUNT 373093 10/05/2018 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 373094 10/05/2018 SOUTHERN MANAGEMENT LLC 89,450.00 373095 10/05/2018 ADVANCED ROOFING INC 785645.15 373096 10/052018 TREASURE COAST PLUMBING LLC 14,035.00 373097 10/112018 PORT CONSOLIDATED INC 8,070.85 373098 10/112018 JORDAN MOWER INC 3,709.1.8 373099 10/112018 COMMUNICATIONS INTERNATIONAL 25,371.28 373100 1.0/11/2018 TEN -8 FIRE EQUIPMENT INC 10,117.64 :373101 10/112018 RANGER CONSTRUCTION IND INC 1,210.55 3731.02 10/112018 RICOH USA .INC 27.23 373103 10/1:12018 C141SHOLM CORP OF VERO 727.80 373104 10/112018 KIMLEY.HORN & ASSOC INC 2,998.10 373105 10/112018 VELDE FORD INC 151.08 373106 101112018 SAFETY PRODUCTS INC 2,08235 373107 10/112018 STEWART MATERIALS INC 1,951.51, 373108 10/112018 AT&T WIRELESS 153.11 373109 10/11/2018 DATA FLOW SYSTEMS INC 2,505.00 3731.10 10/11/2018 PARALE:ECOMPANY INC 908.00 373111 10/11/2018 B G KENN INC 2,039.07 373112 10/112018 DELTA SUPPLY CO 1,001.22 37311.3 10/112018 E-7 BREW COFFEE & BOTTLE NATER SVC 250.00 3731.14 10/112018 GRAINGER 695.04 3731.1.5 1.0/112018 KELLY TRACTOR CO 5,034.48 373116 10/112018 MCMASTER CARR SUPPLY CO 518.64 373117 10/1120.18 AMERIGAS EAGLE PROPANE LP 939.36 373118 10/112018 AMERIGAS EAGLE PROPANE LP 1,697.36 373119 10/112018 AMERIGAS EAGLE PROPANE LP 1,700.00 3731.20 10/1/2018 HACK CO 8,648.82 373121 10/112018 LF1..FORT.PIERCE INC 1,565.62 373:122 10/112018 CLIFF BERRY INC 682.85 373123 10/1/2018 KSM ENGINEERING & TESTING INC 904.75 373124 10/112018 BOUND TREE MEDICAL LLC 1,062.95 373125 10/112018 SCHULKE BITTLE & STODDARD LLC 1,638.90 3731.26 10/112018 PET.ES CONCRETE 2,500.00 3731.27 10/112018 VERO INDUSTRIAL SUPPLY INC 22.62 373128 10/112018 EXPRESS REEL GRINDING INC 779.10 373129 10/112018 TIR:ESOLES OF BROWARD.INC 13,198.42 373130 10/1.12018 CARTER ASSOCIATES INC 5,02130 373131 10/112018 BAKER & TAYLOR INC 5,924.83 373132 10/112018 BARNEYS PUMP INC 49;500.00 373133 10/112018 MIDWEST TAPE LLC 626.93 373134 10/1.1/2018 MICROMARKETING LLC 242.44 373135 10/1.1/2018 BAKER DISTRIBUTING CO LLC 112.95 373136 1.0/1.12018 CENGAGE LEARNING INC 191.46 373137 10/11/2018 PALM TRUCK CENTERS INC 13,825.36 373138 1.0/112018 JTM.MYS AIR & REFRIGERATION INC 254.50 373139 10/1.12018 FLORI DA ASSOCIATION OF COUNTIES INC 15,999.00 373140 1.0/112018 COMMUNITY ASPHALT CORP 87,676.29 373141 10/11/201.8 LINDSEY GARDENS LTD 500.00 3733142 10/112018 CLERK, OF CIRCUIT COURT 3,552.83 373143 10/11/2018 CLERK OF CIRCUIT COURT 947.00 373144 10/11/2018 INDIAN RIVER COUNTY HEALTH DEPT 70.00 3731.45 10/112018 INDIAN RIVER COUNTY PROPERTY APPRAISER 8,088.00 373146 10/11/2018 CITY OF VERO BEACH 79,102.73 3731.47 10/112018 :INDIAN RIVER ALL FAB INC 1,366.00 373148 10/112018 UNITED :PARCEL SERVICE INC 383.24 373149 10/112018 FER.GUSOI`7ENTE:RPRISES INC 1.2,138.50 373150 10/1,112018 FLORIDA DEPARTMENT OF 'BUSINESS AND 1.5,093.92 32 TRANS NBR DATE VENDOR AMOUNT' 373151 1.0/1.1/201.8 TREASURE COAST REGIONAL PLANNING 64,054.00 373152 10/11/20:18 LIVINGSTON PAGE 20.00 373153 10/1.1/2018 JANITORIAL DEPOT OF AMERICA INC 510.71. 373154 10/11/2018 FLORIDA FISH & WILDLIFE 4,833.48 373155 10/11/2018 WAL MART STORES EAST LP 639.64 373156 10,/11/2018 INTERNATIONAL GOLF MAINTENANCE INC 1,949.89 373157 10/11/2018 FEDERAL: EXPRESS CORP 28.44 373158 10/1.1/2018 FEDERAL EXPRESS CORP 30.42 3731.59 10/11/2018 FEDERAL: EXPRESS CORP 110.75 373160 10/11/2018 TIMOTHY ROSE CONTRACTING .INC 620,771.52 3731.61 10/11/2018 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6.254.56 373162 10/11/2018 FLORIDA POWER AND LIGHT 5,358.42 373163 10/11/2018 INDIAN RIVER COUNTY TAX COLLECTOR 18.353.20 3731.64 10/1,1/2018 PUBLIC DEFENDER 9,738.04 373165 10/11/2018 GIF'FORD YOUTH ACHIEVEMENT CENTER INC 71561.93 373166 10/1.1/2018 TREASURE COAST CONSTRUCTION MGMT LLC 9.411.50 373167 10/11/201.8 RrASTE MANAGEMENT INC 189,866.46 373168 10/11/2018 TOCOMA. RUBBER STAMP& MARKING SYSTEM 22.54 373169 10/1.1/2018 MYLES BROWN 74.00 373170 10/1:1/2018 iNTERNATIONALASSOClAT10N OF 336.00 373171 10/1.1/20:18 UNIVERSITY OF FLORIDA 500.00 373172 10/1.1/2018 G K ENVIRONMENTAL INC 7,530.00 373173 10/11/2018 RENAISSANCE ORLANDO RESORT 387.00 3731.74 10/11/2018 FLORIDA DEPT OF FINANCIAL SERVICES 16,295.78 373:175 10/11/201.8 1NTERNATIONALASSOC OF EMERGENCY MANAGERS 190.00 373176 10/11/2018 FAE4-HA 140.00 3731.77 10/11/2018 GLOBAL EQUIPMENT CO INC 1;676.95 3731.78 10/11/2018 RUSSELL PAYNE INC 999.35 373179 10/11/20.18 TRANS US INC 438,631.17 373180 1.0/.11/2018 POTTERS INDUSTRIES LLC 2,250.00 373181 10111/22018 CELICO PARTNERSHIP 176.78 3731.82 10/11/2018 BOYLE & DRAKE INC 2,500.00 373183 10/11/2018 VAN WAL INC 1,015.00 373184 10/11/2018 T14E CLEARING COMPANY LLC 2.249.50 3731.85 10/11/2018 FLASSOCOFCOUNTY AGRICULTURAL AGENTS 100.00 373186 10/1.1/2018 FASTENAL COMPANY 32.08 373187 1.01111201.8 THE SHERWIN WILLIAMS CO 85.25 373188 10/1.1/2018 FLORIDA COALITION FOR THE HOMELESS 395.00 3731.89 1.0/11/2018 COASTAL TECHNOLOGY CORPORATION 11,112.99 373190 10/11/201.8 SOUTHERN JANITOR SUPPLY INC 5,460.86 3731.91 10/11/2018 M T CAUSLEY INC 25,960.00 373192 10/11/2018 J C RENTALS & INVESTMENTS INC 590.00 3731.93 10/11/2018 CHRISTINE KELLY-BEGAZO 186.72 373194 10/11/2018 JOHNS EASTERN COMPANY INC 53,045.00 373195 1.0/1 I/2018 MBV ENGINEERING INC 12,633.50 373196 10/11/2018 MASTI:LLER & MOLER INC 40,320.00 373197 10/11/2018 ETR LLC 314.94 373198 10/11/2018 STAPLES CONTRACT & COMMERCIAL INC 875.90 373.199 10/1.1/2018 GLOVER OIL COMPANY INC 63_,016.40 373200 10/11/2018 BILL BRESSETT 1.60.00 373201 10/11/2018 LARRY STEPHENS 60.00 373202 10/11/2018 GERELCOM INC 4._1.78.72 373203 10/11/201.8 DAYSPRING 500.00 373204 10/11/2018 D&S ENTERPRISES OF VERO BCH LLC 24.69 373205 1.0/1112018 PETER OBRYAN 15.53 373206 10/1.1/2018 PAN MA.I:L 162.68 373207 10/1.1/2018 COMMUNICATIONS BROKERS & CONSULTANTS INC 3.43 373208 10/11/2018 KART CUNDIFF 770.25 373209 10/11/2018 INDIAN RIVER RDA LP 495.00 373210 10/11/201.8 BRIAN FREEMAN 27.09 33 .2 TRANS ABR DATE VENDOR AMOUNT 373211 10/11/2018 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 4,000.00 373212 10/11/2018 ANTONIO DE VITO 42.00 373213 '10/11/2018 MARINCO BIOASSAY LABORATORY INC 2,080.00 373214 10/111201.8 YOUTH GUIDANCE DONATION FUND 2,083.33 373215 1.0/1.112018 WINSUP:PLY OF VERO BEACH 99.60 373216 10/1.1/2018 GARRETT SMITH 40.00 373217 10/11/2018 RANGE SERVANT AMERICA INC 1,168.1.8 37321.8 10/11/2018 KNAPHEI:DE TRUCK -EQUIPMENT SOUTHEAST 1,199.17 373219 10/11/2018 BRENNTAGMID-SOUTH'INC 14,019.98 373220 10/11/2018 DE .LA H07_ BUILDERS INC 29,000.00 373221 10/11/2018 TREASURE COAST MOTOR CYCLE CENTER INC 461.22 373222 10/11/2018 FLORIDA ARMATURE WORKS INC 10,312.36 373223 10/11/2018 AUTOMATIONDIRECT.COM INC 1,262.00 373224 10/11/2018 MANCILS TRACTOR SERVICE INC 73,854.65 373225 10/11/201.8 TIM ZORC 512.19 373226 10/11/2018 OCEAN RESEARCH & CONSERVATION ASSOCIATION 11 18,537.88 373227 10111201.8 CLEAN SWEEP & VAC LLC 6,206.00 373228 10/112018 REPROGRAPHIC SOLUTIONS :CNG 9.60 373229 10/11/20.18 LOWES HOME CENTERS INC 35,435.94 373230 10/112018 CARDINAL HEALTH I10INC 692.40 373231 10/112018 MUNICIPAL EMERGENCY SERVICES INC 3,942.84 373232 10/112018 BURRNETT LIME CO INC 9,433.20 373233 10/112018 BURNETT LIME CO INC 385.50 373234 10/112018 W&,G MAINTENANCE 18,980.00 373235 101112018 PENGUIN RANDOM HOUSE LLC 179.40 373236 10/1.12018 STRAIGHT OAK LLC 588.55 373237 10/112018 KRAUS ASSOCIATES INC 10,18594 373238 '10/.11.2018 SOUTHERN MANAGEMENT LLC 68,278.50 373239 10/112018 CHEMTRADE CHEMICAI:S COR.PORTATION 1,044.69 373240 10/11/2018 KATE PCOTNER 116.59 373241. 101112018 SUSAN ADAMS 188.82 373242 10/112018 REI ENGINEERS INC 7,025.00 373243 10/112018 HUNTER SOUTHWEST PRODUCTIONS LLC 1,975.14 373244 10/11/2018 THE LAW OFFICES OF 881.00 373245 10/11/2018 BERNARD EGAN & COMPANY 6,828.47 373246 10//12018 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 373247 10/11.2018 SYLIVIA MILLER 79.00 373248 10/11/2018 THE TRANSIT GROUP INC 1,696.25 373249 10/11/2018 FLORITURF SOD INC 282.00 373250 10//12018 RICHARD SZPYR.KA 206.00 373251 10/112018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 10,478.75 373252 10/112018 CATHEDRAL CORPORATION 1,171.28 373253 10/112018 UNWIRST CORPORATION 2,480.56 373254 10/11.12018 MSDS ONLINE 3,599.00 373255 10/112018 CDA SOLUTIONS INC 1,079.00 373256 10/112018 SITEONE LANDSCAPE SUPPLY LLC 2,244.18 373257 10/112018 14YDROMAX USA LLC 151947.04 373258 /0/112018 PATRIOT PRODUCTIONS LLC 500.00 373259 10/.1120.1.8 NORTH AMERICAN OFFICE SOLUTIONS INC 1.8.83 373260 10/1112018 INDUSTRIAL. LAUNDRY SERVICES LLC 145.00 373261 10/11201.8 ZERO FRICTION LLC 663.04 373262 10/1.12018 ALL WEBBS ENTERPRISES .INC 88,381.82 373263 10/112018 ASPHALT PAVING SYSTEMS INC I2,907.90 373264 10/11/2018 MATHESON TRI -GAS INC 6,55395 373265 10/112018 PEOPLE READY INC 26;653.94 373266 1.0/112018 STEVE MIX 172.50 373267 10/1.12018 WILLIS SPORTS ASSOCIATION INC 1,749.83 373268 '10/ 112018 COLE AUTO SUPPLY INC 1.354.76 373269 10/112018 VOOTU INC 1.7,045.06 373270 '10/11.2018 CANON FINANCIAL SERVICES INC 248.56 34 TRANS NBR ,DATE VENDOR AMOUNT :3732,71 10/11/2018 BETH NOLAN 65.00 373272 10/1:1/2018 THOMAS R PILIERO 80.00 373273 10/11/2018 RECYCLING ROCKS LLC 800.00 373274 10/11/2018 RELX INC 400.00 373275 10/11/2018 NESTLE WATERS NORTH AMERICA 293.48 373276 1.0/11/2018 LOCKTON COMPANIES 22.375.00 373277 10/11/2018 APTI.M COASTAL PLANNING & ENGINEERING INC 3.996.72 373278 1.0/112018 CORE & MAIN LP 61.771.63 373279 10/112018 ENVIRONMENTAL SCIENCE ASSOCIATES 71871.00 373280 10/112018 BROWNELLSINC 7,131.30 373281 10/112018 GOMEZ BROTHERS IRRIGATION LLC 540.00 373282 10/11/2018 WOERNER AGRIBUSINESS LLC 846.50 373283 1.0/112018 MOUNTAIN PRESS 620.50 373284 10/11/2018 DJD EQUIPMENT HOLDINGS LLC 201,638.17 373285 10/112018 REXEL USA INC 1.126.65 373286 1.0/112018 THERNELL MILLS 72.00 373287 10/11/2018 LAURA YONKERS 206.96 373288 10/112018 BEST VERSION ME DIA LLC 244.00 373289 1.0/112018 APTIM ENVIRONMENTAL & INFRASTRUTURE INC 99,427.72 373290 .10/11/2018 EMPIRE PIPE ORLANDO LLC 293.75 373291 10/112018 PICKLEBALL UNIVERSITY INC 381.00 373292 10/112018 HINTERLAND GROUP INC 4,654.00 373293 10/112018 AMERICAN JANITORIAL INC 3,050.74 373294 10/112018 COMCAST HOLDINGS CORPORATION 4.480.19 373295 10/112018 STATE OF FLORIDA 17,227.00 373296 10/112018 RAMONA MURPHY 30.00 373297 10/11/2018 MLG GOLF INC 200.00 373298 10/l ]/2018 PROFESSIONAL SERVICES GROUP;LLC 11,077.50 373299 10/11/2018 TIMOTHY E SIVERLING JR 450.57 373300 10/112018 QED ENVIRONMENTAL SYSTEMS INC 30,093.05 373301 10/112018 FORTERRA INC 16,611.20 373302 10/112018 KAITLYNN BRODE 100.00 373303 10/I 12018 VERONIQUE ORY STURIALE 60.00 373304 10/112018 LUBRICATION ENGINEERS INC 650.00 373305 10/112018 PREMIER .LANDSCAPE SOLUTIONS OF IR LLC 2,000.00 373306 /0/112018 TMS EQUIPMENT SERVICES 1,750.00 373307 10/112018 AMY JEANETTE DYSON 75.00 373308 10/112018 MARJCELA DELARA 179.60 373309 10/1/2018 ANTONIA MAC PHERSON 3.718.93 373310 10/112018 SALT CREEK. COMPANY 50.00 373311 10/11/2018 LAMBERT COMMERCIAL REAL ESTATE 243.43 373312 1.0/1'I2018 PABLO JR R GRESIA ZAMARRIPA 500.00 373313 10/112018 NEWSPAPER ARCHIVE INC 5,726.00 373314 10/1.12018 MATT JOHNSON 64.89 373315 1.0/112018 FDOT TURNPIKE ENTERPRISE 5.90 373316 10/112018 JOHN TORRES 50.00 Grand Total: 3,268,.966.14 35 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1013959 :10!052018 OFFICE DEPOT BSD CUSTOMER SVC 1,250.71 1013960 10/092018 AT&T 199.24 1013961 10/092018 OFFICE DEPOT BSD CUSTOMER SVC 2,1.00.82 1013962 10/102018 EVERGLADES FARM EQUIPMENT CO INC 367.72 1013963 10/102018 COLKITT SHEET METAL & A/C INC 757.00 1013964 10/10/2018 NORTH SOUTH SUPPLY INC 924.34 1013965 10/10/2018 HELENA CHEMICAL 505.00 1013966 10/102018 COLD ATR DISTRIBUTORS WAREHOUSE 583.42 1013.967 10/10201.8 INDIAN RIVER BATTERY 81.45 1013968 10%102018 INDIAN RIVER OXYGEN INC 3,243.75 1013969 10/101201.8 RING POWER CORPORATION 62.88 1013970 10/10,1201.8 MIKES GARAGE & WRECKER SERVICE INC 170.00 1013971 10/10,2018 APPLE INDUSTRIAL SUPPLY. CO '18.44 1013972 10/10/2018 ALLIED UNIVERSAL CORP 12,391.23 1013973 10/10/2018 IRRIGATION CONSULTANTS UNLIMITED INC 90.54 1013.974 10/10/2018 GROVE vVELDERS :INC 199.25 1013975 10/102018 SOUTHERN COMPUTER WAREHOUSE INC 1,020.57 1013976 10/10/2018 WIGINTON CO,RPO.RATION 494.00 1013977 10/1.02018 TOTAL TRUCK PARTS INC 2,177.54 1013978 101102018 COM.O OIL COMPANY OF FLORIDA 380.55 1013979 10/102018 BARKER ELECTRIC, AIR CONDITIONING 5,500.00 1013980 10/10!2018 SHRIEVE C14EMICAL CO 2,425.08 101.3981 10/10/201.8 RECHTIEN INTERNATI ONAL TRUCKS 4,195.14 1013982 10/1012018 FLAGLER CONSTRUCTION EQUIPMENT LLC 58.83 1013983 10/1012018 METRO FIRE PROTECTIONSERVICESINC 592.69 1013984 1.0/102018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 363.71 1013985 10/10/2018 SIMS CRANE & EQUIPMENT CO 1,177.00 101.3986 10/10/2018 L&,LDISTRIBUTORS 583.24 1013987 10/10/2018 PACE ANALYTICAL SERVICES INC 6,515.00 101.3988 10/10/2018 ALLIED DIVERSIFIED OF VERO BEACH LLC 2,485.00 1013989 10/102018 GUARDIAN ALARM OF FLORIDA LLC 1,023.54 1013996 10/102018 COMCAST 222.62 Grand Total: 52,160.30 36 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6255 10/092018 RX BENEFITS INC 2;307.36 *6257 10/0512018 CER SIGNATURE CLEANING 5,250.00 6258 .10/05/2018 CE R SIGNATURE CLEANING 3,680.00 6259 10/05/2018 CHARD SNYDER & ASSOCIATES INC 311.20 6260 1.0/05/2018 WESTHEALTHADVOCATE SOLUTIONS INC 1,442.10 6261 10/05/2018 IRC FIRE FIGHTERS ASSOC 9.388.08 6262 10/05/2018 NATIONWIDE SOLUTIONS.RETI.REMENT INC 3,794.43 6263 10/05/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 52,890.81 6264 10/05/2018 TOTAL ADMINISTRATIVE SERVICES CORP 12,006.54 6265 .10/08/2018 FL SDU 61592.83 6266 10/09/2018 TOWN OF INDIAN RIVER SHORES 9,396.70 6267 10/091201.8 SENIOR RESOURCE ASSOCIATION 294,369.71 6268 10/09/2018 VEROTOWN LLC 3,500.00 6269 10/09/201.8 IRS -PAYROLL TAXES 402,830.48 6270 10/10/20.18 FLORIDA DEPARTMENT OF BUSINESS AND 11;313.22 Grand Total:. 819,073.46 *SYSTEM ERROR- TRANSACTION NUMBER 6256 SKIPPED 37 1 CONSENT 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: . . Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: 43rd Avenue Bridge over IRFWCD South Relief Canal Railing Repair Final Payment, Release of Retainage and Change Order No. 1 IRC -1523 DATE: October 4, 2018 DESCRIPTION AND -CONDITIONS On May 15, 2018, the Board of County Commissioners awarded Bid No. 2018023 to Timothy Rose Contracting, Inc. in the amount of $143,431.00 for the removal of the existing concrete railing of the 43rd Avenue Bridge over South Relief Canal and the installation of a Thrie Beam Guardrail in its place. Change Order No. 1 is to make final adjustments to contract bid items resulting in a decrease to the total contract amount by $8,320.00 for a final cost of $135,111.00. Timothy Rose Contracting, Inc. has successfully completed the project and has been paid $122,180.45 with $6,430.55 held in retainage. Timothy Rose Contracting, Inc. has submitted Contractor's Application for Payment No. 2 for $6,500.00 and release of retainage in the amount of $6,430.55. FUNDING Funding is available in the following accounts: Secondary Roads/Other Contractual Services Account No. 10921441-033490 . $6,500.00 Secondary Roads Retainage/Other Contractual Account No. 109-206000 Services $6,430.55 38 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologics\easyPDF 8\@BCL.@C8000905\@BCL@C80C0905.doe Page Two 43rd Avenue Bridge over IRFWCD.South Relief Canal Railing Repair For BCC Agenda October 23, 2018 RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Application for Payment No. 2 to Timothy Rose Contracting, Inc. for final payment and release of retainage in the amount of $12,930.55 ATTACHMENTS 1. Contractor's Application for Payment No. 2 2. Change Order No. 1 APPROVED AGENDA ITEM FOR OCTOBER 23, 2018 39 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@C8000905\@BCL@C8000905.doc SEPARATE CHECKS PLEASE SECTION 00622 - Contractor's Application for Payment 43rd Ave Bridge Over IRFWCD So Relief Canal Railing Repair Application for Payment No. 2 For Work Accomplished through the period of 08/13/18 through 09/06/18 To: Indian River County (OWNER) From: Timothy Rose Contracting, Inc (CONTRACTOR) Bid No.: 2018043 Project No.: 1523 (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): $143.431.00 4 Total completed and stored to date: $135.111.00 5 Retainage (per Agreement): 0% of completed Work: 5% of retainage $0.00 Total Retainage: 6 Total completed and stored to date less retainage (4 minus 5): $135,111.00 7 Less previous Application for Payments: $122,180.45 8 DUE THIS APPLICATION (6 MINUS 7): $12,930.55 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2.Updated Construction Schedule per Specification Section 01310, and 00622-1 40 Dated: 09/05/18 STATE OF FLORIDA COUNTY OF INDIAN RIVER By: TRACTOR - must be signed Timothy Rose, President Print Name and Title 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 6th day of September, 2018 Timothy Rose is personally known to me or has produced as identification.. NOTARY PUBLIC: (SEAL).,; vo3,r Printed name: Deborah West j a c 03.:019 tt Commission No: FF904578 Commission Expiration: 10.03.19 Please remit payment to: Contractor's Name: Timothy R • e Contracting Address: 1360 SW Old Dixie Hwy Suite 106 Vero Beach FL 32962 tt*w•�f*t�,t,ea+nt,r.t:warms r*+�*�*�ar�r:t�Ytt�rr:rrtn:�:rar�er:e3,tt r,tx tottstsstttt*ett'xs,tetrxfeexxxt,efnesststttt+it+wx�tx+exx+ri [The remainder of this page was. left blank intentionally] 00622-2 41 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated 10 - U y - 20 SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because am not in a position to accurately determine that issue. DateddD ! `'�''"`� S&2K:i IGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment - 03-10 rev 00622-4 42 FAPublic Works\ENGINEERING DIVISION PROJECTS11523-43rd Ave Bridge_S Rel Canal -Railing Repairl4-Construction\Contractor Pay AppslPay Apps100622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the Final Payment in the amount of $ 5,753.95, hereby waives and releases its lien and right to claim a lien for labor, services, or material furnished to Timothy Rose Contracting, on the job of 43'd Avenue Bridge This waiver and release does not cover any retention or any labor, services, or materials furnished after the date specified. Dated on Ay .5 2018 Lienors name: SOUTHEAST HIGHWAY GUARDRAIL Address: 7760 HOOPER RD. WEST PALM BEACH, FL 33411 By: _&2t�—d Printed Name: Connie Sinkus Title VP STATE OF: FLORIDA COUNTY OF: PALM BEACH Pernally appeared before me, this day of _�� e/ , 2018,/?i P —(name), who beiZn on oath say that he/she is thei (title) of {lienor) and hereby acknowledges the execution of the foregoir,g-r ent f6fand on special instance and request. NOTARY PUBLIC: _( My commission expires: susnrWeAasn mycoMM =co21em eats lo'm 43 PROJECT NO: IRC -1523 43RD AVE BRIDGE OVER IRFWCO SO RELIEF CANAL RAILING REPAIR PAY APP NO I AMOUNT COMPLETED TO DATE $135,111.00 MATERIALS STORED TO DATE SCHEDULED VALUE PREVIOUS APPLICATION THISPERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH ..Item N. NOE i TOTAL COMPLETED AND STORED LESS RETAINAGE $13S,111.00 9%0jo4 101-1 MOBILIZATION I IS $14,000.00 $14,000.00 1.00 $14,000.00 $0.00 1.00 $14,000.00 100.00% 0.00 0.00 $O.OD 102-1 MAINTENANCE OF TRAFFIC 1 IS $15,000.00 $15,000.00 1.00 $15,()00.00 $0.00 1.00 $15,000.00 100.00% 0.00 0.00 $O.OD 053611 GUARDRAIL -ROADWAY, GEN TL -3 250 LF $78.00 $19,500.00 250.00 $19,500-00 $0.00 250.00 $19,500.00 Loom% 0.00 0.00 $0.00 0460712 THRIE BEAM PANEL RETROFIT, CONCRETE HAND ISO LF $274.00 $41,100.00 250.00 $41,100.00 $0.00 150.00 $41,100.00 100.00% 0.00 0.00 $0.00 0401701 RESTORE SPALLED AREAS, EPDXY I IS $2,800.00 $2,800.00 1.00 1 $2,80000 $0.00 1 1.00 $2,800.00 100.00% 0.00 0.00 1 $0.00 05369536 GUARDRAIL END ANCH ASSY/END TRE- TYP CRT I EA $3,007.00 $3,007.00 LOO $3,007.00 $0.00 1.00 $3,007.00 100.00% 0.00 0.00 $0.00 05369522 GUARDRAIL END ANCH ASSY/END TREA- FLARED 3 EA $3,42&00 $10,284.00 3.00 $10".00 $0.00 3.00 $10,284.00 100.00% 0.00 0.00 $0.00 03391 MISCELLANEOUS ASPHALT PAVEMENT 2 TN $400.00 $800.00 6.20 $2,480.00 $O.DO 6.20 $2,480.00 310.00% 0.00 4.20 ($1,680.00) 053673 1 EXISTING GUARDRAIL, REMOVE 220 LF $10.00 $2,200.OD 220.00 $2,200.00 $O.DO 220.00 $2,200.00 100.00% 0.00 O.OD $0.00 0110410 IREMOVAL OF EXIST CONC I IS $18,240.00 $18,240.00 1.00 $18,240.00 1 $0.00 1.00 1 $18,240.00 1OO.D0% 0.00 0.00 $0.00 999-1 AS -BUILT DRAWING (BY REGISTERED SURVEYOR) 1 IS $6,500.00 $6,500.00 0.00 $0.03 1.00 $6,500.00 1.00 $6,500.00 100.00% 0.00 0.00 $0.00 Sub Total $133A31.00 $128,612.00 $6,500.00 $135,111.00 0.00 ($I'680.00) FORCE ACCOUNTI I I LS $10,000.00 $10,000.00 $O.DO $0.00 0.00 $0.00 O.OD% 0.00 LOO $10,000.00 SUB TOTAL $10.000.00 $0.00 $0.00 0.00 $0.00 0.00 $10,000.00 n -.I. AVE BRIDGE OVER.- 1. RELIEF - -KING REPAIR TOTAL� $143,431.00 TOTAL $128,611.00 TOTAL $6,500.00 TOTAL $135,111.00 TOTAL 0.00 TOTAL $8,320.00 AMOUNT COMPLETED TO DATE $135,111.00 MATERIALS STORED TO DATE $0.00 SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE $135,111.00 . RETAINAGE OF WORK COMPLETED AT 0% $0.00 TOTAL COMPLETED AND STORED LESS RETAINAGE $13S,111.00 LESS PREVIOUS PAYMENT $122,180A5 AMOUNT DUE CONTRACTOR, $12,930.55 44 a SECTION 00942 - Change Order Form No. 1 Final DATE OF ISSUANCE 10/23/2018 EFFECTIVE DATE: 10123/2018 OWNER: Indian River County CONTRACTOR: Timothy Rose Contractinq, Inc. Project: 43RD AVENUE BRIDGE OVER IRFWCD SOUTH RELIEF CANAL RAILING REPAIR OWNER'S Project No. IRC -1523 OWNER'S Bid No. 2018043 You are directed to make the following changes in the Contract Documents: Reason.for Change Order: The project is complete. This change order is to make final adjustments to bid line items in Order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change): Description of Itemized Changes II ACCEPTED: I Date: 10.01. t$ CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 30 (9/12/2018) Net increase (decrease) this Change Order: (days) Final Completion: 30 (9/12/2018) Contract Time with all approved Change Orders: (days) Final Completion: 30 9/12/2018 RECOMMENDED: lam By: • �L,ik (Signature) Date:9/26/2018 APPROVED: By: OWNER (Signature) Date: IRC-1523—FCO-2018 00942-1 FAPublic Works\ENGINEERING DIVISION PROJECTS11523-43rd Ave Bridgo S Rel Canal -Railing RepaiA4-ConslniclionlSubs4inlial ComplelionlIRC-1523 FCO_2018.doc CHANGE ORDER NO. I - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 43rd Avenue Bridge Over IRFWCD South Relief Canal Railing Repair I.R.C. PROJECT NO. 1523 BID NO. 2018043 ,.v�ItemNo:;. U, Desai tion,03391 MISCELLANEOUS ASPHALT PAVEMENT TN 4.2 400.00 1,680.00 FORCE ACCOUNT 10,000.00 SUBTOTALS1 I 1 1 1,680.00 1 10,000.00 43rd Avenue Bridge Over IRFWCD South Relief Canal Railing Repair TOTAL (8,320.00) 46 00310-1 FAPubllcWorkskENGlNEERiNG DIVISION PROJECTSV52343rd Ave Brldije_$ Rol Canal -Railing RePal;\1-Admln\Agonda llemsTrojoct CloseouWRC-1523LFCCL2018 no INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCull , P.E., Stormwater Engineer ht" Y g SUBJECT: Approval of Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve DATE: October 12, 2018 DESCRIPTION AND CONDITIONS On April 5, 2016, the Board of County Commissioners directed Public Works Stormwater Division to begin grant applications and fast-track project design for Osprey Acres Floway and Nature Preserve, located on approximately 83.14 acres of County property. This work was completed and a construction contract (the primary construction contract) was awarded to West Construction, Inc. of Lantana, Florida on July 18, 2017. Three construction grants totaling $3,634,536 were obtained for the primary construction contract. Because the Project's design was performed at an accelerated pace in order to receive a St. Johns River Water Management District (SJRWMD) Cost -Share Grant, landscaping for the Shallow Marsh 2 area (formerly a thick Brazilian pepper forest) was not included in the construction bid. Likewise, planting of the two treatment filter marshes was not included in the bid. Rather than allocate this additional work to West Construction through a change order, staff believes the County will be much better served by awarding the landscaping and planting services to GK Environmental, Inc. (GKE). GKE is very familiar with the Project, having performed environmental services during design and subsequent additional Brazilian pepper eradication services. GKE also assisted.staff with the proposed Shallow Marsh landscaping design. GKE also provided and installed landscaping for the adjacent Osprey Marsh Algal Turf Scrubber project, which resulted in a beautiful, low maintenance site. GKE's proposed fee for furnishing, installing and maintaining the landscaping, and providing exotic species control within Shallow Marsh 2; and for furnishing and installing plantings in the two filter marshes is $125,119.12. As a result of RFQ 2017053, GKE was awarded a Continuing Contract Agreement with Indian River County for Environmental and Biological Support Services on October 10, 2017, thereby waiving the necessity of the bid process. FUNDING Funding of the proposed Work Order will be provided from Optional Sales Tax/Public Works/Osprey Acres Stormwater- Acct# 31524338-066510-16022 47 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600D690B\@BCL@600D690B.doc Page 2 Approval of Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve BCC Meeting — October 16, 2018 — CONSENT RECOMMENDATION Staff recommends the Board Approve Work Order No. GKE OA2, executed by GK Environmental, Inc. and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Work Order No. 2, GKE OA2 DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Department William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR OCTOBER 23, 2018 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600D690B\@BCL@600D690B.doc WORK ORDER NUMBER 2 SHALLOW MARSH #2 LANDSCAPINIG SERVICES AT OSPREY ACRES FLOWAY AND NATURE PRESERVE This Work Order Number 2 is entered into as of this day of 2018, pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services entered into as of October 10, 2017 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and G.K. Environmental, Inc. ("CONSULTANT'). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The CONSULTANT will perform the professional services for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are 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. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: Jason E. Brown, County Administrator Approved_as to form and legal suf_fi_ciency:_ William K. Debraal, Deputy County Attorney 1 f:\public works\keithm\stormwater projects\osprey acres\work orders\gk environmental\gke 2\work order 2.doc 49 . ATTACHMENT T to WORK ORDER NUMBER 2 SHALLOW MARSH #2 LANDSCAPINIG SERVICES AT OSPREY ACRES FLOWAY AND NATURE PRESERVE SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide landscaping and exotic elimination services in Shallow Marsh #2 at the COUNTY's Osprey Acres Floway and Nature Preserve (hereinafter "Osprey Acres"). The Work is generally described below. Landscaping Services: Furnish and install landscaping materials, plants, etc. and maintain plantings and eliminate exotics as more specifically specified or implied in Exhibit A (Section 02235 — Specifications), Exhibit B (Drawings SML-1 and SML-2), and Exhibit C (Scope of Work), included herein. **END OF ATTACHMENT 1"* Page 2 of 4 FAPublic Works\KeithM\Stortnwater Projects\Osprey Acres\Work Orders\GK Environmental\GKE Mork Order 2.doc 50 ATTACHMENT 2 to WORK ORDER NUMBER 2 SHALLOW MARSH #2 LANDSCAPINIG SERVICES AT OSPREY ACRES FLOWAY AND NATURE PRESERVE 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $125,119.12 for services rendered according to Attachment 1 of this Work Order and as summarized on Exhibit C, included herein. Additional services shall be performed at the hourly rates as set forth in. the Agreement. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. **END OF ATTACHMENT 2** Page 3 of 4 F.\Public Works\KeithMlStormwater Projects\Osprey Acres\Work Orders\GK Environmental\GKE 2\Work Order 2.doc 51 ATTACHMENT 3 to WORK ORDER NUMBER GKE 2 SHALLOW MARSH #2 LANDSCAPINIG SERVICES AT OSPREY ACRES FLOWAY AND NATURE PRESERVE 1. TIME FOR COMPLETION Complete all planting Work within two months of receiving a Notice -to -Proceed from the COUNTY. Plant maintenance and exotic species control will begin immediately after the planting phase is approved by the COUNTY. **END OF ATTACHMENT 3** Page 4 of 4 F:\Public Works\KeitUM\Starmwater Projects\Osprey Acres\Work Orders\GK Environmental\GKE 2\Work Order 2.doc 52 EXHIBIT A - LANDSCAPING SECTION 02235 LANDSCAPING SHALLOW MARSH #2 AREA PART 1 - GENERAL 1.1 SCOPE A. This Work consists of furnishing all labor, supervision, material, equipment, transportation, etc., to complete all landscaping work for the areas shown or implied on the Drawings, and as specified herein. Work shall also include the removal of all invasive exotic species from within the work area, and continual removal of exotics for the times specified herein. B. The CONTRACTOR is solely responsible for watering and otherwise maintaining the landscaping until the end of the landscape maintenance and warranty period specified herein. Furnish and install a temporary irrigation system if necessary, through the end of the landscape maintenance and warranty period at no additional cost to the OWNER. 1.2 SUBMITTALS A. Before planting, submit two samples of each specified plant to the OWNER for approval and identify the name, address, and telephone number of the nursery supplier. 1.3 PROTECTION OF GOPHER TORTOISES A. Gopher tortoises inhabit the site., Their burrows have been identified to the best extent possible. Take extreme care to prevent disturbing or harming the site's gopher tortoises. Maintain a minimum 25 -foot radius from all gopher tortoise burrows. If a planting location appears that it will interfere with a tortoise burrow, modify the planting layout as necessary so the burrow is not disturbed. 1.4 EXOTIC AND INVASIVE VEGETATION ELIMINATION A. Keep the work area free of exotics and invasive vegetation until the specified time period. B. All herbicide must be applied by an individual possessing a State (FDACS) Certified herbicide application license of the appropriate class. Provide the OWNER with a copy of the individual's license before herbicide application. Do not impact native plants with herbicide. Last revised 9/18/2018 02235-1 SHALLOW MARSH 2 f:\public works\keithm\stormwater projects\osprey acres\work orders\gk environmental\gke 2\02235 - landscaping.doc 53 C. Vines growing in trees within the work area that are to remain do not need to be pulled out of the tree canopy. Cut the vines and carefully treat each vine and stump at the base with approved herbicide, leaving the remaining severed vines in the tree canopy. PART 2 — PRODUCTS 2.1 FERTILIZER A. Provide a complete analysis slow-release fertilizer that is uniform in composition, dry, and free flowing. Deliver to the site in the original unopened containers, each bearing the manufacturer's statement of analysis. Fertilizer shall meet the following requirements: 1. 12 percent Nitrogen (Minimum 70% Slow Release N Source) 2. 8 percent Phosphorus 3. 8 percent Potassium. The fertilizer shall also contain trace elements. Do not place any fertilizer in locations where it may flow into the water in Shallow Marsh #2. 2.2 PLANT MATERIAL A. All nursery stock shall conform with Grades and Standards for Nursery Plants Parts and II, latest edition, published by the Florida Department of Agriculture and Consumer Services. All plantings shall be Florida #1 specimens or better as determined by the Florida Division of Plant Industry. Supply native vegetation in proper containers and at the size indicated on the Drawings. Under no circumstances shall plant material containing fire ants be brought onto the Project Site. B. All vegetation shall be sound, healthy, well -branched, and free of disease, insect eggs, larvae, nematodes, weeds, and exotic or invasive vegetation. All plants shall have adequate root systems and shall not be root -bound. All plants not meeting this requirement will be immediately rejected and shall be immediately removed from the project site. C. Plants larger in size than specified may be used if approved by the OWNER. If the use of larger plants is approved, the required ball of earth or spread of roots shall be increased in proportion to the size of the plant. D. Inspection: At any time, the OWNER may inspect plants at the place of planting for quality, size, and variety. Prior approval shall not impair the right of re -inspection and rejection at the site during progress of the Work or after completion, for size and Last revised 9/18/2018 02235-2 SHALLOW MARSH 2 Mpublic works\keithm\stormwater projects\osprey acres\work orders\gk environmental\gke 2\02235 - landscaping.doc 54 conditions of balls or roots, latent defects, disease, infestations, injuries, etc. Remove rejected plants immediately from the project site and replace with new material within two days. Plant material rejected shall be replaced at no additional charge. E. Condition of Plant Material at Final Completion: At Final Completion, all plant material shall be sound, healthy, well -branched, and free of disease, weeds, and exotic or ,invasive vegetation. Plant material rejected shall be replaced at no additional charge at the end of Final Completion and during the maintenance / acceptance timeframe. 2.3 COLLECTED STOCK A. No collected stock is permitted from private / public property. 2.4 NATIVE STOCK A. Plants collected from wild or native stands shall be considered nursery grown when they have been reestablished in the nursery row and grown under regular nursery cultivation practices for a minimum of one growing season (12 months) and have attained adequate root and top growth to indicate full recovery from transplanting into the nursery row. 2.5 CONTAINER GROWN STOCK A. All container grown stock shall be healthy, vigorous, well -rooted plants and established in the container within which they are sold or grown. The tops shall be in good quality and in a healthy growing condition. B. An established container grown plant shall be transplanted into a container and grown in that container sufficiently long for new fibrous roots to have developed so that the root mass will retain its shape and hold together when removed from the container. C. Root -bound plants will be rejected and shall be immediately removed from the project site. PART 3 - EXECUTION 3.1 DIGGING AND HANDING A. Do not hold for planting more than the time recommended by the supplier and protect from excessive exposure and dehydration. Pack plant material during Last revised 9/18/2018 02235-3 SHALLOW MARSH 2 fApublic works\keithm\stormwater projects\osprey acres\work orders\gk environmentakgke 2\02235 - landscaping.doc 55 transport to prevent breakage and drying during transport. B. Dig balled and burlapped (B&B) plants with firm, natural balls of soil of sufficient size to encompass the plant's fibrous and feeding roots. Do not plant said plants if the ball is cracked or broken. C. Do not handle plants by their stems. D. If plants are marked "BR" on the Drawings they shall be dug with bare roots. Do not cut roots within the minimum spread listed on the Drawings. Ensure roots do not dry out during moving or before planting. E. Excavate for plantings using extreme care to avoid damage to subsurface utilities, Gopher Tortoise burrows, adjacent improvements, etc. F. Prior to ordering plants, test the soil pH and other pertinent soil parameters to verify the specified plants will grow well in the existing soil. If the soil conditions are such that the specified plants will not grow well, notify the ENGINEER in writing and provide a recommended substitute list of plants that will grow well in the existing soil, for the ENGINEER's review. The warranties set forth elsewhere in this Specification shall apply to all substitute plantings recommended by the CONTRACTOR. 3.2 PLANTING PROCEDURES A. Cleanup the site after the work is completed. Remove all objectionable matter, rubbish, etc. from the site before planting. Do not mix these materials with the soil. B. The planting areas are expected to be free of ruts and graded in accordance with the Drawings by others prior to planting. Kill or remove any miscellaneous stray weeds or exotics that may remain either by cultivation or spraying of approved herbicides. C. Protect Geosynthetic Clay Liner: A geosynthetic clay liner is installed a minimum of twelve inches below the bottom and sides of Shallow Marsh #2 and its berms as indicated on the Drawings. Take extreme care when planting to not puncture or otherwise disturb.this liner. Liner details and locations are shown on the Drawings. Repair all liner damaged as recommended by the liner manufacture at no cost to the OWNER. D. Install and maintain all plants as recommended by the supplier nursery. Perform all planting procedures with qualified personnel. Insure no air pockets are around the roots. Last revised 9/18/2018 02235-4 SHALLOW MARSH 2 fApublic works\keithm\stormwater projects\osprey acres\work orders\gk environmental\gke 2\02235 - landscaping.doc 56 E. The diameter of all plant holes (trees and shrubs) shall be two times the diameter of the root ball or plant container (for container grown plants). Fill the void in the planting hole with top quality topsoil. F. Set plants straight and level such that after settlement, the plant crown will stand one to two inches above grade. Set each plant in the center of the pit. G. Evenly space ground cover plants in accordance with the Drawings. H. Fertilize all upland plants at least once to ensure proper growth until the maintenance period begins. Notify the ENGINEER prior to applying the fertilizer. Immediately after fertilizer application, provide a written certification to the ENGINEER that the fertilizer was applied per the Specifications — payment for this fertilization will not be issued without this certification. Fertilize so that runoff of fertilizer -laden water into water bodies does not occur. 3.3 PLANTING AREAS A. Planting areas in general, are shown on the Drawings. 3.4 TEMPORARY IRRIGATION SYSTEM A. If deemed necessary by the Landscaper, design, furnish, install, and maintain a temporary irrigation system or provide other means to water and maintain all landscape items/planting areas during the maintenance and warranty period. CONTRACTOR may use water from Shallow Marsh #2. The OWNER will not provide electricity. Temporary facilities shall not conflict with the site's operation and maintenance. There is no set number of irrigation events in this Contract. Irrigate as many times as necessary to keep all landscape items/planting areas alive and healthy for the entire landscape maintenance and warranty period. Increase irrigation events as required during all drought periods and at no additional cost to the OWNER. 3.5 THE LANDSCAPE MAINTENANCE AND WARRANTY PERIOD A. Maintenance and Warranty Period: The maintenance and warranty period for all landscaping shall run consecutive and the duration is nine months, beginning on the date of Final Acceptance of the planting portion by County staff. During the nine- month maintenance and warranty period, operate and maintain the temporary irrigation facilities, maintain the plantings, and guarantee that: 1. Eighty-five (85) percent of the planted individuals become established and show signs of normal growth, based upon standard growth parameters such as height, base diameter, or canopy circumference; and Last revised 9/18/2018 02235-5 SHALLOW MARSH 2 f:\public works\keithm\stormwater projects\osprey acres\work orders\gk environmental\gke 2\02235 - landscaping.doc 57 2. At least ninety (90) percent cover by appropriate wetland herbaceous species has been obtained. B. Replacement Plantings. Replace all plantings not meeting the above warranty period. All replacement plantings shall be Florida #1 specimens and they shall be installed and maintained as recommended by the supplier nursery and specified herein. Coordinate planting with County personnel. Replacements shall be at no cost to the OWNER. C. Perform maintenance as necessary to insure plant survivability. Take special care to not disturb birds, nests, or other wildlife. D. Fertilize plantings as necessary to ensure proper growth throughout the maintenance and warranty period and provide all other care necessary for their survival at no additional cost. 3.5 EXOTIC AND INVASIVE VEGETATION ELIMINATION PERIOD A. Beginning on the same date as the landscape maintenance and warranty period, destroy and continually destroy, all exotic and invasive vegetation within the Shallow Marsh #2 work area for nine months. Kill all exotic and invasive vegetation using methods approved by both the OWNER and St. Johns River Water Management District (SJRWMD) (i.e. hand remove or lightly spray with SJRWMD approved herbicides) and keep all areas free of exotics. Take special care to not disturb birds, nests, or other wildlife. Do not use any chemicals, etc. harmful to wildlife or native ants. All herbicides must be approved by the OWNER prior to their use. For Brazilian pepper tree eradication, use a herbicide proven to kill Brazilian pepper trees. All herbicides shall be color -marked so it leaves a colored imprint where sprayed, to easily identify where it is applied. Replace all landscaping material damaged by overspray at no cost to the OWNER. B. In addition to cattails and other plants normally considered to be exotic or invasive species by the industry, eliminate and remove from the Project Site all of the plants in the following attachment "Upland and Wetland Invasive Exotics" (11 pages). + + END OF SECTION + + Last revised 9/18/2018 02235-6 SHALLOW MARSH 2 f:\public works\keithni\stormwater projects\osprey acres\work orders\gk environmental\gke 2\02235 - landscaping.doc 58 ATTACHMENT TO SECTION 002235 -LANDSCAPING UPLAND and WETLANb INVASIVE EXOTICS K. C. Burks, Botanist Bureau of Invasive Plant Management Florida Department of Environmental Protection Tallahassee, Florida 32399 850-245-2809 August 2003 59 www.dep.state.fl.us/lands/invaspec/index.htm Illustrations courtesy of the Center for Aquatic and Invasive Plants, IFAS, University of Florida (http://p tants. ifas. ufl. edO Except: Abrus precatorius, courtesy of Jackie Smith, FDEP. Albizia julibrissin, from Kurz, H., and R.K. Godfrey. 1962. Trees of Northern Florida. Univ. Press of Florida, Gainesville. Albizia lebbeck Cupaniopsis anacardioides, Ficus macrocarpa, Jasminum dichotomum, Leucaena leucocephala, courtesy of Miami -Dade County Dept of Environmental Resources Management, illustrations by Elizabeth Smith. Imperata cylindrica, courtesy of LeRoy G. Holm (used in World's Worst Weeds, 1979). Lonicera japonica, from Godfrey, R.K., and J. Wooten. 1981. Aquatic and Wetland Plants of Southeastern United States: Dicotyledons. Univ. of Georgia Press, Athens. Neyraudia reynaudiana, from Hitchcock, A.S., and A. Chase. 1950.2nd edition. Manual of the Grasses of the United States. USDA Ag. Research, Washington, DC. Pueraria montana, courtesy of Suzanne Kennedy, Brevard County Natural Resources Dept. Scaevola sericea, courtesy of K.C. Burks, FDEP. Solanum viarum, courtesy of Jeff Mullahey, Agronomy Dept., Univ. of Fla. WAS (used in # SS -AGR -58. 1996). 60 Trees Trees to _ ft, with spreading crown Unarmed, i.e., no thorns or prickles Leaves twice compound, leaflets tiny, many Flowers in pink "powder -puff' clusters Fruit a long, flat pod • Trees to 65 ft, with spreading crown • Unarmed, i.e., no thorns or prickles • Leaves twice compound, leaflets 1-2 in. long • Flowers in yellowish "powder -puff' clusters • Fruit a flat long pod, persisting & "rattling" in wind • Trees to 150 ft, with open crown • Trees to 65 ft, with dense crown • Branchlets thin, grayish green • Spreads by root suckers • Leaves tiny, scalelike, in whorls of 6-8 • Branchlets thin, green, often waxy • Flowers tiny, unisexual, on same tree • Leaves tiny, scalelike, in whorls of 12-17 • Fruits in woody, conelike clusters • Flowers tiny, mostly male trees in Florida scale -like leaves i flower clusters, — female above male flower clusters (spikes) branchlets 3 61 Trees • Evergreen tree to 60 ft tall, glabrous • • Cut stems/leaves highly aromatic • • Leaves simple, alternate, with short petioles • • Leaf blades lustrous, entire • • Glands on lower leaf surfaces • • Tree with short trunk, rounded crown • • Often growing on other trees when young • • Milky sap from stems or leaves • • Leaves alternate, small, dark shiny green • • Figs yellow or dark red when ripe • Slender evergreen tree to 10 m Inner bark often orange (carrot color) Leaves large, compound, with 4-12 leaflets Leaflets leathery, dark green, oblong Flowers tiny, green -yellow, in long racemes Small tree, to 30 ft tall, often in thickets Stems unarmed, i.e., no thorns or prickles Leaves twice compound, leaflets oblong Flowers white to yellowish in round clusters Pods long flat, red -brown, hanging clusters 4 62 Trees • Evergreen tree to 100 ft, with slender crown • Whitish, thick, spongy bark sheds easily • Leaves alternate, evergreen, gray -green • Flowers white, in "bottle -brush" spikes • Fruits small, brown woody capsules • Deciduous tree to 50 ft tall • Sap milky, poisonous • Leaves ovate with narrowed tips, aspen -like • Pair of glands at petiole tops • Fruit a hard capsule with 3 white, waxy seeds feme I C m • Deciduous tree to 50 ft tall, often in thickets • Twigs stout, with purplish bark • Leaves large, twice or thrice compound • Flowers lilac in large panicles • Fruit a thinly fleshy drupe, yellow Ito A • Shrubby evergreen tree to 13 m tall • Leaves alternate, once compound • Leaflets usually 7-9, often toothed • Flowers unisexual, small, white • Fruits bright red small drupes in clusters s 63 �b�usprecat us o r'YPeQ Droscorea�bulb�era `air �otafo • Stems branching, twining, woody below • Stems herbaceous, twining to 60+ ft • Leaves alternate, even -pinnate compound • Leaves alternate, heart shaped • Leaflets oval -oblong, in 5-15 pairs • Forms many aerial tubers • Flowers pea -like, white -pink to reddish • Rarely flowering in Florida • Seeds scarlet and black, very poisonous • Leaf -blade veins in parallel curves Jasmnum�dichotomum,�.��,Gold ,Coast jasmine Lontcer'a��ontca �J�apanese ha,.oneysuckle • Evergreen woody climber, often shrubby • Stems woody, trailing or climbing • Leaves opposite, glossy green, roundish oval • Leaves opposite, evergreen, oval • Flowers fragrant, white (pink in bud) • Young stems and leaves hairy • Flowers opening at night • Flowers white, yellowing with age • Fruit a two -lobed fleshy black berry • Leaves on new shoots often toothed t"7 VIM 64 • Fronds delicate, twining, to 90 ft long • Fronds delicate, twining, to 90 ft long • Pinnae spread out along stemlike rachis • Pinnae spread out along stemlike rachis • Pinnae triangular shaped, pinnately divided • Pinnae more oblong shaped, not as divided • Sterile leaflets incised on margin • Sterile leaflets lance shaped, not incised • Fertile leaflets with lobe edges narrowed • Fertile leaflets fringed with pinched lobes )inna sterile pinna fertile pinna • Stems woody below, twining, climbing • Deciduous, twining vine, engulfing area • All parts with disagreeable odor • Leaves compound with 3 large leaflets • Leaves opposite, lance shaped • Young stems hairy • Flowers bell shaped, pale lilac • Flowers pea -type, reddish lavender • Fruit a shiny orange -brown round capsule • Fruit a bean pod with golden -brown hairs frwt 7 65 a Ard sia�elliplica��shoebutfionur�,d�sia _ralrsacrenata.ccr,�al�arcJi • Small shrub tolerating deep shade • Glabrous evergreen shrub to 15 ft tall • Leaves alternate, shiny, leathery • Leaves alternate, entire, gland -dotted below • Leaf edges crisped, or scalloped • New foliage often reddish • Flowers white in axillary clusters • Flowers mauve, in clusters at leaf axils • Fruits bright red, in drooping clusters • Fruits black when ripe IC Colubrana_usaaticaather leaf Lagastrumsmse Chineseprn►et • Sprawling evergreen shrub to 20+ ft tall • Semi -evergreen shrub to 15 ft tall • Stems glabrous, many branched • Twigs densely pubescent • Leaves alternate, shiny, ovate, serrate • Leaves opposite, small, dark green in wild • Flowers tiny, greenish white, in leaf axils • Leaves variegated in cultivation • Fruit a brown capsule with 3 grayish seeds • Flowers white, small, many, odorous ` 1 r A t / RrrJ M 66 _.Shrubs , Kimosa;pagra {�,catclnwrmlmosc Rh'odomy�rtustomentosa�downy�r�ose�myrtle • Thicket -forming, prickly shrub to 20 ft tall • Evergreen shrub to 6 ft tall • Large recurved prickles on stems • Young stems soft hairy • Mimosa -like compound leaves, sensitive • Leaves opposite, entire, soft hairy below • Flowers pink in small rounded clusters • Flowers rose -pink, with 5 petals each • Fruits flat brown hairy segmented pods • Fruit a round, sweet -fleshed, purple berry k �3 4.rL^ >`.. Pte-.: w�.. � � ���G�'�• £i .SClIe�Y�OIR�SerICeQ��b2ach �naupQkci �A"-X��'? �.lu.. t`�.'`L'_ ,�`� � '6 ^Y �3.��*�-'k tSennasP�;endula�� �c,�i�n�bing cassia • Large shrub, forming dense mounds • Sprawling evergreen shrub to 14 ft tall • Leaves alternate, crowded near stem tips • Stems somewhat zigzag, sparsely hairy • Leaf blades coarse, shiny, with curved edges • Leaves compound with 3-6 leaflet pairs • Flowers white to pale lilac, "half -flowers" • Flowers yellow, 5 petaled, near stem tips • Fruits round, shiny white • Pods brown, slender, cylindric, glabrous r; v� 67 Grasses , . • Rhizomes scaly, pointy like Panicum repens • • Leaves yellow -green, long pointed, erect • • Leaf -blade midvein off -center • • Leaf blades hairy at base • • Flowers in narrow, fluffy, white spikes • • Rhizomes with hard torpedo-like tips • • Leaf blades with sparse hairs on upper side • • Ligule a tiny collar with short hairs at top • • Sheaths glabrous or hairy near top • • Inflorescence branched & open • Stems reedlike, to 9 ft tall Stems often branched Leaf sheaths woolly at top Large, densely feathery, nodding panicles Spikelets long -hairy, short awned Perennial grass to 9+ ft tall Stem nodes bluish, leaves often bluish green Leaf blades with stout, keeled midrib Inflorescence a dense, bristly, tawny spike Spikelets with bristles falling at maturity 10 68 Other'Herba�ceous .`Plants • Perennial in stands to 5 ft tall • Leaves from corms, stolons, rhizomes • Leaves large, arrowhead shape • Petioles attached to back of leaf blade (leaves "peltate") • Flowers tiny, hidden within yellow spathe • Stolons many, often with small buried tubers • Fronds compound, erect, to 3 ft tall • Leaflets crowded, with small lobe at bases • Rachis with hair-like, 2 -colored scales • Fertile & sterile fronds similar in shape, size • Perennial to 3 ft tall • Bushy perennial to 6 ft tall • Stems mostly erect, with swollen nodes • Stems with scattered, small, hooked prickles • Leaves opposite, to 11 in, with pointed tips • Leaves alternate, angle -lobed, velvety • Flowers prominent, purple to white • Flowers white with recurved petals • Fruit a 1 -in capsule with many brown seeds • Mature fruits leathery skinned, yellow 11 69 NOTES 12 70 AREAS: TOTAL AREA INSIDE SILT FENCE - 8.3 ACRES 03STINC SILT FENCE AREA ERET-EEN SILT FENCE AND TOE OF SLOPE OF PERIMETER BE4's — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -------- ------- -- TM ACRES / / I - . AR T, AREA OF TOP OF PERIMETER BERM MASS SQUARE FEET EAS TO MVE COCONUT MALTING INSTALLED IN ADDITION 70 PLANTINGS. AREA OF TOP Or PENINSULA BERM = 1,023 SQUARE FEET �SUOPE - 3:1 (9' HORrZONTAL DISTANCE) AREA OF INSIDE SLOPE (WATER SIDE) OF PERIMETER BERM SURFACE - 13,391 SQUARE FEET AB&IE WATER AREA OF INSIDE SLOPE (WATER SITE) OF PERI BERM BELOW "TER SURFACE TO 16.0 - 11.758 SQUARE M"FER EL 16,0 CONTOUR EL REFUGUM _ _ DEL CRASS AREA OF OUTSIDE SLOPE OF PERIMETER BERM - 11422 SQUARE SLOPE FROM EL. 16 TO EL 12 - —SPRIG BOTTOMS OF ALL UNLESS OTHERWISE SHOWN AREA BETWEEN TOP OF PE"SULA BERM AND WATER ( SURFACE - 2,084 SQUARE FELT •I EL 13L CONTOUR iL AREA ALONG PENINSULA BERM BETWEEN TOP OF WA#R SURFACE AND ELEVATIONM 18.0 - l,I'll SQUAW FEET TOP OF ISLAND ARM IS 0 1 1,941 SQUARE FEET ISLAND 2 S D 2 521 SQUARE FEETx ISLAND 3 - �398 SQUARE FEET TIYPIC� REFUGIUM MAN 4 . 697 SQUARE FEET ISLAND 5 - 795 SQUARE FEET INSTALL ORANGE PROTECTIVE AREA, OF TOP �F ISLAND BERM BLUE STAKES SLAM 1 1,033 SQUARE FEET FENCING ALONG TOE OF SLOPE ISLAM 2 _ 894 SQUARE FEET ISLAND 3 - 1.384 SQUARE FEET ISLAND 4 : 65 SQUAW FEET ISLAND 5.750 SQUARE FEET EL 17.70 NO GROUND AREA OF MDE SLOPE (WATER SIDE) OF ISLAND BERM �VE WATER SURFACE LSA -AMO 1 .1,0M SQUARE ISLAND 2 94 SQUARE FEET ISLAND 3 1,68 1 SQUARE FEET OF BERM EL. 19.70 ISLAND 4 80 SQUARE FEET r ISLAND 5 914 SQUARE FEET ARSH N IUNIESS > AREA OF INSIDE SLOPE (WATER SIDE) OF ISLAND BERM (I-'-\ WATER SURFACE ISLAM 1 1.931 SQUARE FEET ISLAND 2 = 1.490 SQUAW FEET 10'.30, SPRIG TOP OF ISLAM 56 SQUARE FEET ISLAND 3-2.652SQUARE FEET PLAMTIN=�& M`� BERM (reptcAi-) UNLESS OTHERWISE SNOWN 0 4 'olIN PLAN MEW cn ISLAND 5 i:745 SQUARE FEET AREA, OF OUTSIDE SLOPE (ISLAND SIDE) OF ISLAND BERM INSIDE TOE OF SLOPE 0 9 TOP OF GM EL. 18.70 ISLAND Ts' EL '2 GO.JUR ISLAND BERM (TYPICAL) 0 LSLANQ : 1:119 SQUARE FEET MP OF PENINSULA > 2 ". SQUARE FEET BERM 0— ISLAND 3 2043 SQUARE FEET DESIGN WATER ISLAND 874 SQUARE FEE' ISLAND 5 177 ISLAND 5 - 1,032 SQUARE FEET a El. 120 16.0 AREA OF EL I& PLATEAU . 1391 SQUARE FEET NEW STRUCTURE S25. Lca (mcx-) Z SEE, SHEET C24A AREA - 2,390 SQUARE FEET TOP OF BERM EL 19.70 ""0""- AREA - 316 SQUARE FEET m EE CUL& BERNI G) 255 LF. OF Q' CAP. SUMP AREA - 2.810 SQUARE FEET WEST INVERT EL 1200 EAST INVERT EL I2..0 CLEARING 11.0 CONTOUR OUTSIDE TOE OF SLOPE OF PERIMETER BERM TOP OF PERIMETER BERM (TYPICAL) AR INSTALL ORANGePROTECTNE BLUE STAKES z FENCING ALOPC ME OF SLOPE EL. 1 60 EL EXISTING GROUND cn GREEN NES DEMOTE EL 16.0 ON WATER EL. 17.70 EL 12Z CONTOUR CONTOUR (rMiCAL) isk ON ISLAND MP OF PENINSULA a 1&70 TOP r W OF BMEL 19.]0BER G6�Hm TWOIS DESIGN WATER SURFAC� - KEEP AND BERM (UNLESS wu OTHERWISE SHOWN) PLAN VFW — I. - w �j IMIW�ATER DIVISION. OSPREY ACRES FLOWAY SHALLOW MARSH NOA CONFORMED DRAWING STOR_ _1 1M AND NATURE PRESERVE LANDSCAPING I -RKAI -11 71 -- THESE AREAS TL) HAVE C—NUT MATTING INSTALLED IN AODNION TO PLANTINGS. PLANTING AR TOTAL AREA INS SILT FENCE - 8.3 ACRES AREA BETWEEN SILT FENCE AND TOE OF SLOPE OF PERIMETER BEN - 4.8 ACRES AREA OF TOP OF PERIMETER BERM - 10,086 SQUARE FEET AREA OF TOP OF PENINSULA BERM - 1,023 SQUARE FEET ' AREA OF WSIOE SLOPE (WATER SLOE) OF PERIMETER BERM ABOVE WATER SURFACE - 13,391 SQUARE FEET ® AREA OF INSIDE SLOPE (WATER SMI OF PERIMETER BERM BELOW WATER SURFACE TO EL 16.0 - 11,758 SQUARE FEET AREA OF OUTSIDE SLOPE OF PERIMETER BERM - 11,922 SQUARE FEET OEMARIA BETWEEN TOP OF PENINSULA BERM AND WATER SURFACE - 2,084 SQUARE FEET AREA ALONG PENINSULA BERM BETWEEN TOP OF WATER SURFACE AND ELEVATION 16.0 - 1,604 SQUARE FEET TOP OF ISLAN QAREAS ISLAND 11.941 50UME FEET SLAND 2 - 521 SQUARE FEET ISLUHD 3 . 4.398 SQUARE FEET SLAND 4 - 697 SQUARE FEET ISLWD 5 - 795 SQUARE FEET AREA OF TOP OF ISLAND BERM ISLAND 1 - 1.033 SQUARE FEET ISLAND 2 - 884 SQUARE FEET ISLAND 3 - 1,384 SQUARE FEET ISLAND 4 - fi54 SQUARE FEET GLAND 5 - 750 So. FEET AREA OF INSIDE SLOPE (WATER SIDE) OF ISLAND BERM MOVE WATER SURFACE ISLAND 1 - 1,941 SOUARE FEET ISLAND 2 - 521 SQUARE FEET ISLAND 3 - 4,39B SQUARE FEET ISLAND 4 - 697 SQUARE FEET ISLAND 5 - 795 SQUARE FEET AREA OF INSIDE SLOPE (WATER SNE OF ISLAND BERM BELOW WATER SURFACE TO EL. 16.0 ISLAND 1 - 1,931 SQUARE FEET ISLAND2 - 1,490 SQUARE FEET 10130' EEL GR/55 SPRIG ISLAND 3 . 2.652 SQUARE FEET PLANTING AREA ISLAND 4 - 1,569 SQUARE FEET ISLAND 5 . 1,745 SQUARE FEET AREA OF OUTSIDE SLOPE (ISLAND SIDE) OF ISLAND Bp0/ ISLAND 1 - 1.529 SOLIARE FEEr ISLAND 2 - 1.169 SQUARE FEET SLAND 3 - 2,143 SQUARE FEET L4AND 4 - 874 SQUARE FEET ISLAND 3 - 1,0.72 SQUARE FEET AREA OF EL 16 PLATEAU = 1391 SQUARE FEET ® AREA - 2.390 SQUARE FEET MFA - 316 SQUARE FEET ...................... AREA - 2.810 SQUARE FEET INTERIOR 20'x30' EEL CRASS SPRIG PLANTINGS - 5 • 300 - 1,500 SQUARE FEET TOTAL REFUGIUM BOTTOM EEL GRASS SPRIG PLANTINGS - 6.030 SQUARE FEET SLOPE - 3:1 (9' HORIZONTAL DISTANCE) '• UN6S 910W1 Oa1DiW6E MS OSTAX¢ 6 +6'. Fm xOAvxEAa A1aAS SOA¢ nAxnxc 0. 16.0 CONTOUR °o�Wa:c�e°M�DmmAi° no a°�i+axFOfte Wm °MHE" AP Neter' .x«re.. ¢noise , -E w°T.11 .oru Y �wcc�rw ru aTrlwwa - uvo (TIAL) k (iHi �ff— LR- TYPICAL 1x0. 13.0 CONTOUR R- B.wBx: aow PWfRK P°w ttyypp11GTALL ppEEFFVvDGRRIIMM Trow TYPICAL PLANTING PLAN —TQ SCNE of � DEET- WATER +� EL 17.70_ ` EXISTING GROUND f 160 EL 18.70 TOP OF BERM EL 19.70 CLAY UNER T Nor ro swe �UNLESS OTHERWISE SHOWN IN P M WEW DESIGN WATER DESIGN WATER EL 17;70 EL. 17.70 _ 0. 1�.,�+,f'�w>�- EL 16.0 OCL (TVPICAL) TOP OF BERM ELppE1}0MR.7M�0T�BBLLggµµ TOP OF CCL EL 18.70 0 DESIGN WATERti'• EXISTING GROUND 0. 1].70 _ \4 ON ISLAND F2. 1 B.O p. 18.70 TOP OF BERM EL 19.70 GCL 1yPM 1•iAND BERM (UNI ESS OTHERWISE SHOWN) MOT ro UTNE CONFORMED DRAWING STORMWATER DIVISION OSPREY ACRES FLOWAY SHALLOW MARSH NO.2 . bn3 21+6 1101 ER DTVI W. kEilll aefklLLT, P.E AND NATURE PRESERVE LANDSCAPING ` SM ° Sae-+Yx fLOPDA P.E. NI. 3200> .mSML-2 72 OSPREY ACRES - SHALLOW MARSH - G K. Environmental Inc. Planting Breakdown and Proposal to Complete (based on Indian River County drawings dated 6/12/18) 8.3 Acre Area of Planting and Maintenance October 10, 2018 PHASE I A) Pre -Planting Exotic Control On All Berms $each #units $total (if needed) 8.3 ac, include open water and area outside perimeter dike 1 time pre -application of herbicide 1,400.00 all berms $ 1,400.00 within 30 days of berm completion TOTAL FOR PHASE I $ 1,400.00 PHASE II A) Polyacrylomide Application $each #units $total 1 application on all berms/slopes and top of berms - 77,381 SF Product / material 350.00 /bag 2 $ 700.00 Application to all berms B) Coconut Matting Installed $each #units $total all berm side slopes (perimeter, peninsula, and islands) 0.31/sf 61,557sf $19,082.67 & overlap top 1' on both sides = 61,557 SF @ .31 per SF tops of all berms including islands TOTAL FOR PHASE II 0.31/sf 12,160 sf $ 3,769.60 $23,552.27 PHASE III A) Perimeter Berm $each #units $total Dr Purple 2,390 SF - submerged-pickerelweed & duck potato clusters of 50 each/2"plugs / 18" OC every 200'= 747 1.00 747 $ 747.00 Red 11,758 SF - submerged - Eleocharis,. BR,18 OC = 3,675 Dr Blue 13,391 SF - s. patens./ BR 2" prigs / 18" OC = 4,185 1.00 3,675 $ 3,675.00 1.45 4,185 $ 6,068.25 73 Pink 1 10,086 SF - saltgrass / BR 2" plugs / 18" OC = 3,152 1.45 3,152 $ 4,570.40 Pink 2 clusters of 50 plants every 100 ft / 1 Gal / 24" OC 3.75 800 $ 3,000.00 Lt Blue (A) 11,922 SF - s. patens / BR 2" plugs / 18" OC = 3,726 1.45 3,726 $ 5,402.70 Lt Blue (B) at toe of slope: plant clusters of 50/1 Gal 3'0C mutely and S. baked 3.75 800 $ 3,000.00 every 100 ft., alternating every species every 100'= 800 plants) (1,600' divided.by 100'= 16 planting areas of 50 plants each) subtotal $26,463.35 B) Peninsula Berm $each #units $total Gray 316 SF - submerged - pickerelweed.& duck potato clusters 1.00 99 $ 99.00 of 50 each/2"plugs / 18" OC every 200'= 99 Orange 1,604 SF - submerged - Eleocharis, BR, 18" OC = 502 1.00 502 $ 502.00 Lt Green 2,084 SF - S, patens / BR 2" plugs / 18" OC = 652 1.45 652 $ 945.40 Blue 1. 1,023 SF - saltgrass / BR 2" plugs / 18" OC = 320 1.45 320 $ 464.00 Blue 2 4 clusters of 50 plants (mixed -dune sunflower, native lantana, 3.75 200 $ 750.00 and blanket flower) every 50 ft / 1 Gal / 24" OC subtotal G) Island Berms $each #units $ 2,760.40 $total Yellow 2,.810 SF - submerged-pickerelweed & duck potato clusters 1.00 879 $ 879.00 of 50 each/2" plugs./ 18" OC every 200'= 879 Med Blue 5,329 SF - submerged - Eleocharis, BR, 18" OC = 1,665 1.00 1,665 $1,665.00 Lt Purple 8,352 SF - S. patens/ BR 2" plugs / 18" OC = 2,610 1.45 2,610 $ 3,784.50 74 Tan 4,715 SF - S. patens / BR 2" plugs / 18" OC =1,475 1.45 1,475 $2.1138.75 Dr Green 6,747 SF - S. patens / BR 2" plugs/ 18" OC = 2,108 1.45 2,108 $ 3,056.60 Dr Brown 5,329 SF -1 Gal muhly, S. bakeri, &-wild coffee / 5' OC = 215 3.75 215 $ 806.25 subtotal $12,330.10 D) EEI Grass Areas $each #units $total EEL Grass or white lilies (availability) = 825 2.75 825 $ 2,268.75 3 Refugium / 2,640 SF / BR 2" plugs/ 18" OC / 3' band around top.of slop perimeter only (880 lineal ft x.3 = 2,640 SF) 5 plant areas -1,50.0 SF, BR / 2' plugs / 18' OC subtotal $ 2,268.75 E) 4.8 Acres / Area From Perimeter Berm to Silt Fence $each #units $total 3.0 ac of S. bakeri / 1 Gal on 5'0C = 5,226 plants 3.75 5,226 $19,597.50 (1,742 per acre = 3 ac x 1,742 =5,226 plants) 1.8 ac muhly grass / 1 Gal on 5' OC = 3,136 plants 3.75 3,136 $11,760.00 (1,742 per acre =1.8 ac x 1,741= 3,136) subtotal $ 31,357.50 F) 0.6 AC J 2 6,800 SFJ Seed Filler Marsh with Eel Grass Liners j Plugs $each #units $total EEL Grass - 3 ft OC 2.7.5 2,977 $8,186.75 subtotal $ 8,186.75 TOTAL FOR PHASE III (A, B, C, D, E, & F) $83,366.85 75 PHASE IV A) Maintenance for All Areas $each #units $total 8.3 acres: open water areas, islands, berms, & open upland areas 1,400.00 12 events $16,800.00 1 event per month / 9 months except 2 events per month in June, July, August = 12. events (based on starting in December 2018) TOTAL FOR PHASE IV $16,800.00 GRAND TOTAL GKE COST FOR PROJECT / PHASES 1, II, III, AND IV..................'...,.................................................. $125,119.12 (includes installation, fertilization, initial watering, warranty, and 9 months maintenance) & as noted below. NOTE 1: All plants will be watered in, fertilized, and warranted for 85% survival for the 9 month maintenance period. Itis not anticipated that additional watering will be necessary based on the time of year that planting will be completed (ie: November / December 2018) and the type of plants being planted. NOTE 2: TOTAL SITE PLANTING AREAS - 298,312 SF / 6.85 acres This includes the proposed square footage of eel grass planted. There is an additional 1.8 acres of open water that will not be planted, but will need to be maintained for cattails, etc, NOTE 3: TOTAL SITE MAINTENANCE AREAS / 353,248 SF / 8.3 acres NO3:"- The NO3: 4:The above pricing is based on the site being ready / prepped..(by others) to plant. OTE We will need a minimum of 7-8 weeks advance notice prior to planting in order to grow the appropriate number of plants. Growing plants in our own nursery helps with cost reduction, quality of plant material, and survival ability. NOTE 6: Pricing is based on all planting going in at the same time and the above note. END OF PROPOSAL 76 • Consent INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Basil Dancy, Computer Services Manager SUBJECT: Microsoft Enterprise Agreement Contract Renewal DATE: October 15, 2018 DESCRIPTION AND CONDITIONS The Indian River County Board of County Commissioners purchased an enterprise agreement from the Microsoft Corporation in September of 2001. In October 2006, the Board of Commissioners approved two new enterprise agreements to continue the licensing coverage of desktops, laptops and server systems, as well as all future growth. This agreement covered a period of three years from 11/30/2006 to 11/30/2009 with renewal options every three years. This is distinguished from the December 20, 2016 agenda item which was for the True - Up for additional licensing requirements. The initial renewal was from 11/30/2009 to 11/30/2012. A second renewal was done which covered from 11/30/2012 to 11/30/2015. A contract renewal was submitted for the period which covers from 11/30/2015 to 11/30/2018. We are in the process of extending the contract for another 3 year term. The new contract term references the license quantities obtained after the December, 2016 True -Up audit. This contract extension will cover from 11/30/2018 to 11/30/2021. The new contract phase will require payments of $183,780.31 per year for a period of three years. Since this was a known upcoming extension of the existing contracts, the funds have already been budgeted and allocated. FUNDING The annual cost of the agreement is $183,780.31 per year for 3 years. SHI International currently has the State contract for this licensing. The funding sources will be spread across multiple departments due to the distributed nature of the end user locations. The allocations will be set up per the table below. These funds are already set in the existing budget year allocations. Fund Name Department Name Account Number FY 2019 Budget M.S.T.U. Recreation 00410872-035120 $2,520 77 Page 2 M.S.T.U. Shooting Range 00416172-035120 $720 M.S.T.U. County Planning 00420515-035120 $5,040 Impact Fees Impact Fees 10320415-035120 $180 Transportation Fund Public Works 11124319-035120 $12,780 Emergency Services Fire Rescue 11412022-035120 $33,534 911 Surcharge Fund Communication Center 12013325-035120 $900 SHIP SHIP 12322869-035120 $540 MPO MPO 12420415-035120 $900 Beach Restoration Beach Restoration 12814472-035120 $720 SWDD Landfill 41121734-035120 $2,520 Golf Course Clubhouse 41823672-035120 $1,440 Building Division Buildinq Division 44123324-035120 $19,541 Utilities General & Engineering 47123536-035120 $36,555 Fleet Management Fleet Management 50124291-035120 $1,080 Risk Management Risk Mana ement 50224613-035120 $540 Information Technology GIS 50510319-035120 $10,807 Information Technology Computer Services 50524113-035120 $53,464 Total $183,781 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Microsoft Enterprise Agreements and authorize the Commission Chairman to sign the Microsoft Enterprise Agreement Contracts. ATTACHMENTS 1. Enterprise Agreement Contracts 2. SHI Vendor Quotes 78 Page 2 APPROVED AGENDA ITEM FOR October 23, 2018 79 Previous Enrollment(s)/Agreement(s) Form Entity Name: Indian River County BOCC Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. 80 Program Signature Form MBA/MBSA number Agreement number 01E73902 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here,'or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Enrollment By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* Indian River County BOCC Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) 81 Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA 82 Enterprise Enrollment Enterprise Enrollment number 56987029 (Microsoft to complete) Previous Enrollment number 7409364 (Reseller to complete) State and Local Framework ID (i/ applicable) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between tWentities-as'identified in the signature form as of the effective date.. Enrolled Affiliate represents andrwarrants")tJs the same`,Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified,on the program signature form. NN\1 . This Enrollment consists of: (1) these terms and conditions, (�2)�the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection �Form�(4)Ithe`Product Terms (;5) the Online Services Terms, (6) any Supplemental Contact;�ormavion-Form P`evious Agreement/Enrollment form, and other forms that may be required, and (7) any,orrde submittted,pnd r this Enrollment,This Enrollment may only be entered into under a 201`'0 later Enterrprise Ag eement By'enterind into -this Enrollment, Enrolled Affiliate agrees to be bound byte -terms and cond�ions of the EnterpRrise Agreement. All terms used but not defined are located`at,hfto:l/www:rnicrosdft:dom%Iicensinp/contracts. In the event of any conflict the terms of this`,Agreement control -,_v Effective date. If Enrolled Affiliateis Softwa e Assurance or,Sabscription Licenses from one or more previous Enrollments or agree Onts,�then the eff �tive dat will be the day after the first prior Enrollment or agreement expires -or terminates.lf this Enrollment,is renewed, the effective date of the renewal term will be the day after the-, x - ira t.ion_11Date of the initial term. Otherwise, the effective date will be the date this Enrollment is. accepted y�Mierosof\� An reference to "anniversary date" refers to the anniversary of the effective`�daie�ahhe applicable"iniiiA or renewal term for each year this Enrollment is in effect. � �� �� �����\ Term!The initial term of;this Enrollment will�expire.omthe last day of the month, 36 full calendar months from the-eectivedate of�the`initial term. Thome renev wal term'wis�expire 36 full calendar months after the effective date�of theve ewal term�����7\� and Conditions 1. Definitions. Terms used but not defined in* this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community' means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. 83 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. � �� [�\�� "Government Community Cloud Services" means Mi crosoft`O,�nline Services thaQare provisioned in Microsoft's multi -tenant data centers for exclusive use b or for the Community�antl offered in accordance Y with the National Institute of Standards and Technology (NIST),Sp�eciah.Publication',800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such-in-the,Use Rights and Product Terms. �\s•\ \� '%v "Industry Device" (also known as line of -business dedice-)-rrieans-\anq,de'vice�,that�(1').is-not useable in its deployed configuration as a general purpose person al\com'puting*device (such as'a,personal computer), a multi -function server, ora commercially viable substitute, for one ofthese systems- and (2) only employs an industry or task -specific software program (e..g. a cornputeAaded\design,prog am used by an architect or a point of sale program) ("Industry -Program"). The -device may,include features and functions derived from Microsoft software or third-party4of wa`e. If�the device�perrfforms desktop functions (such as email, word processing, spreadsheets, database, network�or Internet browsing; ,or scheduling, or personal finance), then the desktopfunctions: 1 maN)�;onl: Rbe used for tii lug os1e�of su ortin the Indust Program () Y y.\ �\ tiP ' P PP 9 Industry 9 functionality; and (2), -,must be technically\integrated with the Industry Program or employ technically enforced policies or architecture to `operate�only when,used,withkthe Industry Program functionality. "Managed Device" meansany�vii dece ontwhich,any Affil to in the Enterprise directly or indirectly controls one or more operating system envitonments. Examples of,\Managed Devices can be found in the Product Terms:-.,,\\ "Qualified �De ire means any�de icce`that is used bV or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable` computer, workstation, or similar device capable of running Windows Pro,loc Ily`(in�a p.h.ysical�or virtuaroperatmg system environment), or (2) a device used to access a virtual desktopinfrastructure ( VDI,).<Qualified Devices do not include any device that is: (1) designated as a server and not used as,a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled,Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of t"e Enrolled,`Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller`' means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. 84 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity' means a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the�Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/li a successor site. 2. Order requirements. D���\�\`�\ a. Minimum order requirements. Enrolled Affiliate's Enterpn\seem\\st��have alminimum of 250 Qualified Users or Qualified Devices. The initial order--must�include at least 250 Licenses for Enterprise Products or Enterprise Online Services. \� (i) Enterprise commitment. Enrolled Affiliat m r enou.gh`L'icense�to cover all NN Qualified Users or Qualified Devices, �epending,on,,the,L•icense�Type --with one or more Enterprise Products or`amix of Enterprise Products and -,the corresponding Enterprise Online Services (as longus all Qualified,Devices,not-covered.by a1icense are only used by users covered with a use�.License)������ (ii) Enterprise Online Services only. If`no Enterprise 'Product is ordered, then Enrolled Services. Affiliate need only aintain at IeastR25 Subscription Licenses for Enterprise Online Services. �\\� y b. Additional Products�Upon sii sfying the minimun order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights.fo� Ent prisProducts. F r Enterprise Products, if a new Product version has more restrictive usexights than'the�version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d\\Country�of-usage �EnrollledAffiliate'must specify the countries where Licenses will be used on its initial order,and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States�Enrolled,Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted,to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine prii g and payment terms as between them, and Microsoft will invoice the Reseller based'on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. 85 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if -ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by -,existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that havle-ermpreviously ordered under this Enrollment, Enrolled Affiliate must determine the maximumh number of Additional Products used since the latter of the iniial�,orden-the astt true -up order, or the prior anniversary date and submit a true -up order that,accounts',for any,increase. (iii) Online Services. For Oi Terms, Enrolled Affiliate m use and payment may be report of Reserved Licen: Reseller. Reserved Lic n ordered. \\� (iv) Subscription`License r, Subscription -Licenses at, permitted in the,Producji 1) For Subscripti6hlicE the reduced if'the;tots group meets or ezc ordering user!, ased; any additionsI Qualifi Stea-u�Licenses do e Services identified as eligible�for'true up,'in the Product place a reservation order for the additional,Licenses prior to Wired untihthe next*true-upsorder. Microsoft -will provide a ordered�butnot_yef�invoice*d toEnrolled Affiliate and its will be invoiced retroactively tothe m,�onth in which they were :duce the quantity of a prospective basis if are partbf,ariNEnterprise-wide purchase, Licenses may of Licenses and Software Assurance for an applicable quantity-of'Q alified Devices and Qualified Users (if )identified -on the Product Selection Form, and includes s and�Qualified Users added in any prior true -up orders. towards,this total count. are',not a part of an Enterprise -wide purchase, as theNnitial order minimum requirements are �3, )��For Additional Products available as Subscription Licenses, Enrolled Affiliate may U reduce the,Licenses jf the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices*will be,adjusted\to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversaryydate and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate 86 may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial orderEnrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, `by -following the true -up order process. :Zrbs �� Nnt, Clerical errors. Microsoft may correct clerical n`t\h Enr\olf\m\end anydocuments submitted with or under this Enrollment, by providing noticeLby email and�a reasonable opportunity for Enrolled Affiliate'. object to the,, on� lerical errors? include minor mistakes, unintentional additions and omissions:, This,provision.does not apply -to material terms, such as the identity, quantity or�price of�a�Product ordered. j. Verifying compliance. Microsoft may,, Wits -discretion and alf its expense, verify compliance with this Enrollment as set forth in the. Enterprise Agreement\\��� 3. Pricing. 't�`�� �. \el \e \Ea. Price Levels. For bboth the,rrntial�an�an-�r� ewal,teerr`m Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level�D"4h oughout the term of the Enrollment. b. Setting Prices. EnrolledAffil ate's prices for each Product or Service will be established by its Reseller. Except for_Online Services designated,in the Product Terms as being exempt from fixed pricing.As; ong as Enroll, Affili&t ontinues to qualify for the same price level, Microsoft's prices for R sellersfor each Product or Service ordered will be fixed throughout the applicable initiahor renewal En°rollment,term, Microsoft's prices to Resellers are reestablished11 4. For the initial or r`eriewal order,�Erirolled`Affiliate may pay upfront or elect to spread its payments over the applicable Enroll ment'term��lf aniupfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of�this`Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. 87 A b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License. with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following o ptions are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will auexpire in accordance with the terms of the Enrollment. An'extende`djermrfeaturetha allows Online Services to continue month-to-month ("Extended Terms) for,uQo one�year�nless designated in the Product Terms to continue until cancelled -,-,is available�Durin,g the Extended Term, Online Services will be invoiced monthly at the,then-current pub'lished price as of the Expiration Date plus a 3% administrativetfee`if Enrolled�`Afi• l ate wants an Extended Term, Enrolled Affiliate must submit.a request to,Microsoft at -least 30 days prior to the Expiration Date. �� `����\�� J \\ 2) Cancellation during Extended Term` At any time�durn. g the first year of the Extended Term, Enrolled AfFillate.may`terminate the Extended Term by submitting a notice of cancellation t �M`crosoft for each"bn ine"Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Ser-vice\Car bellation�willl,be effective at the end of the month following 30 days after Microsoft has received'o�,isssueydXthe notice. (iii) Subscription Licenses and Online Services.not,eligible for an Extended Term. If Enrolled Affiliateelects\notNto renew, the Licenses -will be cancelled and will terminate as � �� of the Expiratio'zbateny\associated media_imust be uninstalled and destroyed and Enrolled-Affiliate:s Ente,'rpnse,must discontinue use. Microsoft may request written termination for cause of this Enrollment will be subject to the of tWAgreement�ln addition, it shall be a breach of this �o1an'y Affiliate in the Enterprise that uses Government Is to -meet and maintain the conditions of membership in the e. Early termination`,\ rMy ,early termination of this Enrollment will be subject to the "Early Termination-Secti \ '6"f the` nt rprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for,regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to'provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary^in the Use Rights: (i) Government Community Cloud Services will be offered"'orily within the United States. (ii) Additional European Terms, as set forth in the Use Rights will not apply. (iii) References to geographic areas in the Use Rights with trespect to\the location of Customer Data at rest, as set forth in the Use Rights, refer only to the-United,States. 89 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled. Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: _ ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify if fewer than all Affiliates are to be included in the Enterprise) Please indicate whether the Enrolk after the start of this Enrollment: E Each party will notify the oth&'ir changes. The asterisks (*) in( consents to its use for purposes that help administerthis Enrolln will be used an8J grotec astUancy ncy@ircgov.com affiliates to be included acquired following contact information page(s) ont`act information, Enrolled Affiliate •rosoft, its Affiliates, and other parties nd in connection with this Enrollment privacy statement available at t for the Enrollment from within Enrolled Administrator for the Volume Licensing The primary contact will be the default identified for specific purposes Postal code* 32960 -3388 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 772-226-1256 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. 90 2 Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Basil Last Dancy Contact email address* bdancy@ircgov.com Street address* 1801 27th St. City* Vero Beach State/Province* FL Postal code* 32960 -3388 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 772-226-1256 Language preference. Choose the language for noticeN`English ❑ This contact is a third party (not the Enrolled Affiliate):"kWarning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to -manage the Online Services ordered under the Enrollment and (for applicable Online Services:) toadd-or reassign Licenses and step-up prior to atrue-up order. � �����, � ����� ❑ Same as notices contact and�Online Admmis_trator (default�if no information,is provided below, even if box is not checked) N\ Contact name*: First Basil—Last Dannct Contact email address* bdancy@ircgo) m Phone* 772-226-1256�\�� ❑ This contact is from a third party,orgarnzation (not the entity) W rJning: This contact receives personally identifiable information of'the entity. * indicates requir4fi_el�����\ d. Reseller information. Reseller loo l tact for this Enrolltis: Reseller company.name* SWI International Corp. Street address (PO boxes will not�be accepted)_290 Davidson Ave City* Somerset State/Province*- NJ. Postal cod 0'8873 --�Couritry, United;`States� corn By signing\below,\th'e�ReseIIer identified above confirms that all information provided in this Enrol Im enfisTrre`ct, Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the 91 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing?-'D,Yes, 0 No. If a purchase under this Enrollment is financed through MS Financing, and,Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft,--- `' 92 Enterprise Update Statement Enterprise Agreement Number 01 E73214 Enrollment Number 7409364 Company Name Indian River County BOCC In accordance with the terms of entity's Enterprise Agreement and Enrollment, a true -up order must be submitted for each Enrollment's anniversary (including at Enrollment expiration and prior to any renewal) to account for License quantity increases for: a. Qualified Desktops/Devices or Qualified Users b. Online Services (where permitted) c. Previously ordered Additional Products d. Products included in the Server and Cloud Enrollment or En e. Products included in the Enrollment for Applii three year true -up option must place the true - prior to renewal. If entity has ordered any additional quantities since its las order is still required. Entity must submit an Enterprise °U there has been no increase in required License quantities \�� �. 19 In checking this box, entity confirms that undet�the-al no increase in the number of required Licenses"not Orders. Entity understands that itis the �esponsibl installed are used according to the Enterprise�AAgreefr Select applicable year for this Update�statemt 3 �� \ applicable) Name River Entity* � _�F Q Indian River Count BO`GC,\� � Printed,iffi�\�X`\���v V Printed T.it��\\\X'A j Signature DateQ N\\ `\\V * indicates required fields\ �\ for Core Infrastructure selected with the ;nt expiration and true -up v.when there has been placed True Up that all licenses :ed above. 93 Previous Enrollment(s)/Agreement(s) Form Entity Name: Indian River County IS Contract that this form is attached to: State Local Government For the purposes of this form, "entity' can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License' cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. 94 Program Signature Form MBA/MBSA number Agreement number 01E73902 Note: Enter the applicable active numbers associated. with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate sictninq, as of the effective date identified below. Enterprise Enrollment Indirect . X20-10634 Sub250 Form W29 Product Selection Form 1 0778158.003 PSF By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Name of Entity (must be legal entity name)* Indian River County IS Signature* Printed First and Last Name* Printed Title Signature Date* Tax ID * indicates required field Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) 95 Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required field Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA 96 Enterprise Sub 250 Program Amendment ID W29 The parties agree that the Enrollment is amended as follows: 1. On the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that`(\1) it also has 25 or more Qualified Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If"Enrolled Affiliate is enrolling with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller,for a fee` [����� The submission of this Amendment can only be placed'a& Enrollment that has the Updated EA Amendment terms and Amendment may not be contingent on submittal of a new Ent 2. 3. Section 2a of the Enrollm hereby amended and rest a. Minimum Order Requi 25 Qualified Users or Q (i) InitialOrder.,,�,, outlined in the (ii) Ifcchoosing E outlined in the Software RE eement or an bmittal of this a minimum of one of the four groups If choosing�EntePprise Products in a specific group orm, EnNrolled�Affiliate's initial order must include an more Enterprise Products or a mix of Enterprise prise Online Services for that group. isfy ng\the minimum order requirements above, Ied;Affiliate must specify the countries where Licenses will Jon any additional orders. as only. If no Enterprise Product is ordered, then Enrolled n at least 25 Subscription Licenses for Enterprise Online Renewing Software Assurance: If Enrolled Affiliate will be renewing Products ❑ Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled "Software Assurance Addition." Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. 97 Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. Program License ID Number Expiration Date 98 Enterprise Enrollment Enterprise Enrollment number 59360699 (Microsoft to complete) Previous Enrollment number 5642412 (Reseller to complete) State and Local Framework ID (if applicable) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between i as of the effective date. Enrolled Affiliate represents and'warr: the Customer, that entered into the Enterprise Agreement ilei This Enrollment consists of: (1) these terms and conditions, identified on the signature form, (3) the Product Selection T Services Terms, (6) any Supplemental Contact -,Information -'l and other forms that may be required, and (7) any o de sNGbr may only be entered into under a 2011—or later Enterprise A Enrolled Affiliate agrees to be bound bythe terms aridcond ti All terms used but not defined, any conflict the terms of this Ac Effective date. If Enrolled Affi more previous Enrollments or Enrollment or agreement expil renewal term will be the day of be the date this Enrollment is anniversary of the effective�dat effect. '�,N\ d in the signature form tomer, or an Affiliate of signature form. 11 Enterprise Agreement Terms(5) the Online ment/En ollment form, Iiment�This Enrollment d`into-this Enrollment, In the event of ftw6re%ssurance or,Subscription Licenses from one or the effective date -will be the day after the first prior xi r this Enrollrnent.,is renewed, the effective date of the ate of the initial -term. Otherwise, the effective date will oft. Any reference to "anniversary date" refers to the �itialbr renewal term for each year this Enrollment is in Term`-,The`initialrtem term Enrollh?ent Wii `ezo�i wori�the last day of the month, 36 full calendar months from the,effective date of the,mitial term. The'renewal term willex ire 36 full calendar months after the effective date of the renewal'term. \„v\ Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community' means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. 99 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires "Federal Agency" means a bureau, office, agency, department or other entity of the United. States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. (�\� "Government Community Cloud Services" means Microsoft.Online Services hat\are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Cornm�unityand'offered in accordance with the National Institute of Standards and \Technology (NIS T)Oecia -,Pu blication\800 }145. Microsoft Online Services that are Government Community Cloud Services are designated,as suoF'jn-tlie,Use Rights and Product Terms. \ �����\ �� "Industry Device" (also known as line of -business de',vice�e�a�ns,,any,deVice,t\ Isnot useable in its deployed configuration as a general purpose personal'computi�g device,(such�as`a,personal computer), a multi -function server, or a commercially viable substitute for one of,'these systems;and (2) only employs an industry or task -specific software program (e.,g. a computer -a ded,design.pr\ogram used by an architect or a point of sale program) ("Industry,Program"). `The -device may -in lude'featur`es and functions derived from Microsoft software or third-party,software .\�If the device performs,desktop�functions (such as email, word processing, spreadsheets, database4network\or Internet orscheduling, or personal finance), then the desktop functions: (1) may\onl,y\be used for thepurpose6f supporting the Industry Program functionality; and (2) -must be technically-,integ`rated with the 'Industry Program or employ technically enforced policies or architecture to operate�only when used with\the Industry Program functionality. "Managed Device" means -any device on �which,any,Affiliate in the Enterprise directly or indirectly controls one or more operatingCsystem envitonments�Examples of:Maa�b\enefit naged Devices can be found in the Product Term; r-\� ���\`�� ,\��\��"QualifiedCDvice�means anydeyice thatJisused'byor for of Enrolled Affiliate's Enterprise and is: (1) a personal\desktop\ computer;,portable computer, workstation, or similar device capable of running Windows Pro loc Ily`(in a'physical�or v`irtuahoperating system environment), or (2) a device used to access a virtual desktop infrastructure ('VDI;).NQualifed Devices do not include any device that is: (1) designated as a server and not„used as�a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolle' Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of th`eEnrolled,Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or OnServices the Enrolled Affiliate has selected. "Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post -transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. 100 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally -recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the;Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.m a successor site. 2. Order requirements. �����\\\ \� a. Minimum order requirements. Enrolled Affiliate's�Enterprise``\mf\st\�hiao\ateminimum of 250 Qualified Users or Qualified Devices. The initial order-,must,include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate muenough`Lice� cover all Qualified Users or Qualified Devices,gepending,-on the\,License�Type; -with one or more Enterprise Products or,,a-mix of Enterprise,Products and,,the corresponding Enterprise I \1,,\ w ti� \\ � , Online Services (as long,as all Qualified,D.evices,not,covered"by a.License are only used by users covered with a us�er,License). n Enterprise Online Services only �tf Enter rise Prod is ordered, then Enrolled Affiliate need only maintain at least 250 Subs tion Licenses for Enterprise Online Services. \\��. ���� b. Additional Products�U�satisfying the minimum order requirements above, Enrolled J Affiliate may order Additional P.,roducts. c. Use Rightstfor,Enterprise Products.�For�Enterprise Products, if a new Product version has more restrictive�use.rights than, the version that is current at the start of the applicable initial or renewal�term�of�theEnrol\merit;�hos`e�more er strictive use rights will not apply to Enrolled i �\ Affil`iiate'siiuse�of that Product during that term. \ d�Country of,usage. Enrolled Affiliate must specify the countries where Licenses will be used on its,mitial order,and on any additional orders. e. Resellers. Enrolled Affil ate must choose and maintain a Reseller authorized in the United States�Enrolled,Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submittedtito the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pri"d g and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. 101 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if`.ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered byeexisting Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have'been.previously ordered under this Enrollment, Enrolled Affiliate must�determin�e the max mum number of Additional Products used since the latter of the initial order-theC�ast t� -up��order, or the prior anniversary date and submit a true -up order that\accounts for any 4increase. (iii) Online Services. For Online Services identified as elig�ble\for true--�p�m the Product Terms, Enrolled Affiliate may,place a reservation X\ X\ the a`dditional1\11 I,Licenses prior to use and payment may be deferred untillbe next true-up,order. Microsoft -will provide a report of Reserved Licenses ordered'-but\not yet�invoed\oEnrolled Affiliate and its Reseller. Reserved Licenses will be invoiced'retroactivel.y,to the month in which they were ordered. \\ \Q �� (iv) Subscription\License reductions. Enrolled Affiliate may reduce the quantity of Subscription'\,,Licenses at the\Enrollment anniversary\date on a prospective basis if \\. \\ \� \ \\ \\ v permitted in tWP`rroduct Terms, as -follows: 1) For Subscription,Licenses,that are part\of-amEnt&prise-wide purchase, Licenses may c �&� %ereducedif'the total�quarifity�of Licerisesti.antd'Software Assurance for an applicable group meetsor-exceeds the quantity -of Qualified Devices and Qualified Users (if ordering userbased,Licenses),identified-on the Product Selection Form, and includes any,additiona*Qualified Devices and�Qualified Users added in any prior true -up orders. Steo,uicen �p",Lses donot\ ount towards,this total count. k\2)For Enterprise`Online Services`that are"not a part of an Enterprise -wide purchase, Licenses can-betluc, ed�aJlong as the initial order minimum requirements are . \�marntame\�\dFor Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the,Licenses.,_�If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoic�will b Z.adj sted Ao reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversarv,date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true -up order if, since the initial order or last true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate 102 may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrollffiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by -following the true -up order process. � :�Zrbis �\�i. Clerical errors. Microsoft may correct clerical n�th s�En`\oll�\�ent. and any documents submitted with or under this Enrollment, by providing notic \by email and a reasonable opportunity for Enrolled Affiliat&\to object to the correction&dlerical errors\include minor mistakes, unintentional additions and omissions: JThis,provision\does not apply -to material terms, such as the identity, quantity or price of\,a Product ordered. ���� r� \\1 _\\\'\ \\ \ �J j. Verifying compliance. Microsoft may;�n Jts,di creetion and at'its� pease, verify compliance with this Enrollment as set forth in the Ent erprise,�Agreement \\\\ 3. Sa. Pr Price Levels. For both the Initial*and` nroll d Affiliate's Price Level for all Products ordered under this Enrollment will be�LeveQ�D"throughout the term of the Enrollment. b. Setting Prices. Enrolled;Affiliate's prices for each Product or Service will be established by its Reseller. Except for Online Services designated,in 'the Product Terms as being exempt from fixed pricing�As, ong as Enrolled Affiliate continues to qualify for the same price level, NMicrosoft's prices for R sellersLffor each P,�oduct,or Service ordered will be fixed throughout the applicable ihitial,or renewal Enrollment -term, Microsoft's prices to Resellers are reestablished 4. Pa For the initial or reriewal order,-EiirbIIe&AffiIiate may pay upfront or elect to spread its payments over the applicable Enrollment'term�lf an\upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance ofsthis�Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will -be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. 103 6. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following �options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. AnTextended term�featurethai allows Online Services to continue month-to-month ("Extend'e\d Term")fo'r�up�o one�year„,nless designated in the Product Terms to continue until cancelled;Ris available�During the Extended Term, Online Services will be invoiced monthly.at tt e\then-current published price as of the Expiration Date plus a 3% administrative fee�lf Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit,a`request to,Micro, soft,at-least 30 days prior to the Expiratory ate. � \�t_ m\\ �,2) Cancellation during -Extended Term. ytime during the first year of the Extended Term, Enrolled Affiliatemay terminate�the �E t nded-Term by submitting a notice of cancellation to\,-Microsoftlfoeach\O' ine\Seniice":� Thereafter,. either party may terminate the Extended -Term providing the other with a notice of cancellation for each Online,Ser-viceCancellation,will,be effective at the end of the month following 30 days after Microsoft has received*\oris\sued the notice. (iii) Subscription Licenses and Online Services,not�eligible for an Extended Term. If Enrolled Affiliate elects not to,renew. , the Licenses -will be cancelled and will terminate as N\ \� ��.a of the Expiratio�t- DaAny associ ed media)must be uninstalled and destroyed and Enrolled --Affiliates Enterprisemust discontinue use. Microsoft may request written termination for cause of this Enrollment will be subject to the `of,thejAgreementln addition, it shall be a breach of this ;loVany Affiliate in the Enterprise that uses Government Is to -meet and maintain the conditions of membership in the v e. Early termination.Ariy,early termination of this Enrollment will be subject to the "Early Termination�Section oftheEnterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service forjegulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly 104 prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Seryices. For Government Community Cloud Services, notwithstanding anything to the contrary^,in the Use Rights: (i) Government Community Cloud Services will be offered'only within the United States. (ii) Additional European Terms, as set forth in the Use Rights�.'will,not apply. (iii) References to geographic areas in the Use Rights with tres pectto\the location of Customer Data at rest, as set forth in the Use Rights, refer only to the-United'iStates. 105 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: _ ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify if fewer than all Affiliates are to be included in the Enterprise):. Please indicate whether the En after the start of this Enrollmer Each party will notify the other,ir changes. The asterisks (*) inc consents to its use for purposes that help administer;this Enrolln will be used arida Drotec affiliates to be included acquired owing contact information page(s) tact information, Enrolled Affiliate n -oft, its Affiliates, and other parties in connection with this Enrollment vacv statement . available at itact for the Enrollment from within Enrolled line Administrator for the Volume Licensing hers. The primary contact will be the default are, identified for specific purposes name)* Indian River County IS Postal code* 32960-3388- U (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 772-226-1256 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. 106 Z Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Basil Last Dancy Contact email address* bdancy@ircgov.com Street address* 1801 27th St. City* Vero Beach State/Province* FL Postal code* 32960 -3388 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 772-226-1256 Language preference. Choose the language for notices. ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affilia` . * indicates required fields c. Online Services Manager. This contact is autho under the Enrollment and (for applicable Onl ne step-up prior to a true -up order. Services ordered gn Licenses and Same as notices contact and,,Online Administrator (iiefault,if no informatiomis provided below, even if box is not checked)\D��ndy,�\ Contact name*: First Basii-Last Contact email address* bdancy@ircgov oni Phone* 772-226-1256 �`�� ❑ This contact is from a third party organization (not the entity). Warring: This contact receives personally identifiable,information�`of,the entit . *indicates require�i`fields ,. \� d. Reseller infoi Reseller com Street addres City* Somers By signir Enrollme Signature*_ Printed name* Printed title* Date* * indicates required fields for 711 Davidson Ave @shi.com identified above confirms that all information provided in this Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the 107 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact . 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing?--�1],Yes, 19 No. If a purchase under this Enrollment.is financed through MSFinancing, and.Enrolled,Affiliate chooses not to finance any associated taxes, it must pay these taxes directlyto Microsoft\��\ 108 Indian River County FL Basil Dancy 1801 27th St. Vero Beach, FL 32960 UNITED STATES Phone: (772) 226-1256 Fax: (772) 226-1558 Email: bdancy@ircgov.com All Prices are in US Dollar (USD) Product 1 CoreCAL ALNG SA MVL UsrCAL Pltfrm Microsoft - Part#: W06-01072 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 2 OfficeProPlus ALNG SA MVL Pltfrm Microsoft - Part#: 269-12442 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 3 WINENTperDVC ALNG SA MVL Pltfrm Microsoft- Part#: KV3-00353 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 4 Prjct Std ALNG SA MVL Microsoft - Part#: 076-01912 Contract Name: Licensing Solutions. Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 5 SQLCAL ALNG SA MVL UsrCAL Microsoft - Part#: 359-00961 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 6 VSEntSubMSDN ALNG SA MVL Microsoft - Part#: MX3-00117 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Pricing Proposal Quotation #: 16035634 Created On: 10/1/2018 Valid Until: 10/31/2018 Account Representative Jarrett Taranto 290 Davidson Avenue Somerset, NJ 08873 Phone: 800-543-0432 Fax: 732-868-6055 Email: Jarrett-Taranto@shi.com Qty Your Price Total 25 $44.99 $1,124.75 25 $94.07 $2,351.75 25 $41.72 $1,043.00 5 $115.34 $576.70 25 $33.54 $838.50. 2 $1,052.77 $2,105.54 109 Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 7 VisioPro ALNG SA MVL 5 $98.98 $494.90 Microsoft - Part#: D87-01159 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 Total $8,535.14 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions. unless a separate resale agreement exists between SHI and the Customer. 110 Indian River County FL Basil Dancy 1801 27th St. Vero Beach, FL 32960 UNITED STATES Phone: (772) 226-1256 Fax: (772) 226-1558 Email: bdancy@ircgov.com All Prices are in US Dollar (USD) Pricing Proposal Quotation #: 16038304 Created On: 10/2/2018 Valid Until: 10/31/2018 Account Representative Jarrett Taranto 290 Davidson Avenue Somerset, NJ 08873 Phone: 800-543-0432 Fax: 732-868-6055 Email: Jarrett-Taranto@shi.com Product Qty Your Price Total 1 CoreCAL ALNG SA MVL UsrCAL 541 $47.44 $25,665.04 Microsoft - Part#: W06-00446 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 2 OfficeProPlus ALNG LicSAPk MVL 200 $188.96 $37,792.00 Microsoft - Part#: 269-05623 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 3 OfficeProPlus ALNG SA MVL 178 $98.16 $17,472.48 Microsoft - Part#: 269-05704 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note.: EA Annual Payment Year 1 of 3 4 ExchgSvrEnt ALNG SA MVL Microsoft - Part#: 395-02504 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 5 PrjctPro ALNG SA MVL w1 PdctSvrCAL Microsoft - Part#: H30-00238 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3' 6 SQLSvrEntCore ALNG SA MVL 21-ic CoreLic Microsoft - Part#: 7JQ-00343 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services 4 $711.66 $2,846.64 3 $189.78 $569.34 26 $2,206.96 $57,380.96 111 Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 7 SQLCAL ALNG SA MVL UsrCAL 541 $33.54 $18,145.14 Microsoft - Part#: 359-00961 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 8 SQLSvrEntALNG SA MVL 5 $1,379.15 $6,895.75 Microsoft - Part#: 810-04760 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 9 SQLSvrStd ALNG SA MVL 2 $144.79 $289.58 Microsoft - Part#: 228-04433 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 10 SysCtrDatactrCore ALNG SA MVL 2Lic Core Lic 8 $48.26 $386.08 Microsoft - Part#: 9EP-00208 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 11 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 8 $21.27 $170.16 Microsoft - Part#: 6VC-01254 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 12 WinSvrSTDCore ALNG SA MVL 21-ic CoreLic 424 $18.00 $7,632.00 Microsoft - Part#: 9EM-00270 Contract Name: Licensing Solutions Providers (LSP) of Microsoft Software and Services Contract #: 43230000-15-02 Note: EA Annual Payment Year 1 of 3 Total $175,245.17 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions unless a separate resale agreement exists between SHI and the Customer. 112 CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: October 17, 2018 SUBJECT: Base Grant Recipient Request for Match Reduction FROM: Kristin Daniels Acting Budget Manager, Office of Management & Budget BACKGROUND: Indian River County is an award recipient of the Emergency Management Preparedness and Assistance (EMPA) Grant. Per Chapter 27P-19.011(2) of the Florida Administrative Code, if the Base Grant recipient does not comply with the match requirements in subsection 27P-19.011(1), the recipient may request that the Division authorize a reduction in the amount of the match required. Due to employee turnover, Indian River County's Emergency Management Agency has seen a reduction in their budget over and above what Chapter 27P-19.011(1) allows. The Agency's long time Emergency Management Director retired in April of 2018 which caused an employee training overlap and a vacation payout. These circumstances caused the Fiscal Year 2017/18 budget to be higher than any other previous year. Although the decrease in Fiscal Year 2018/19 funding does not reflect a reduction in the program itself, the attached letter is a requirement of the grant. STAFF RECOMMENDATION: Staff recommends that the Board approve and authorize the Chairman to sign the attached letter requesting a reduction in the Base Grant match requirement. ATTACHMENT: Request for Match Reduction IRC Emergency Management Budget History 113 BOARD OF COUNTY COMMISSIONERS ER c� ORID October 15, 2018 Mr. Wesley Maul Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Dear Mr. Maul: Indian River County is an award recipient of the Emergency Management Preparedness and Assistance (EMPA) Grant. Per Chapter 27P-19.011(2) of the Florida Administrative Code, if the Base Grant recipient does not comply with the match requirements in subsection 27P- 19.011(1), the recipient may request that the Division authorize a reduction in the amount of the match required. Please consider this letter as Indian River County's request for a reduction in the required match. Due to employee turnover, Indian River County's Emergency Management Agency has seen a. reduction of $79,879 or 15.9% from last year's budget and $32,875 or 7.2% from the average of the previous three years' budgets. The Agency's long time Emergency Management Director retired in April of 2018 which caused an employee training overlap and a vacation ,payout. These circumstances caused the. Fiscal Year (FY) 2017/18 budget to be higher than any other previous year. Although staff does not anticipate the budget reaching FY 2017/18 figures again soon, returning to previous budget levels is expected to happen by FY 2019/20. Enclosed please find the requested financial data for the previous three years and the budget detail regarding all individual items of the County Emergency. Management Agency's budget. Indian River County appreciates. your attention to this matter and looks forward to returning to previous funding levels. If you have any questions, please contact Kristin Daniels at (772) 226-1307. Sincerely, Peter D. O'Bryan Chairman, Indian River County Board of County Commissioners 114 Indian River County Emergency Management Budget Based 001-208 F:\Budget\2018-2019 Budget\Initial Summary 1(IV&018 Original Budget Final Budget Final Budget Final Budget Account Titles Account Numbers Year 2019 Year 2018 Year 2017 Year 2016 Regular Salaries 00120825 011120 $284,217 $322,380 $279,691 $273,067 Overtime 00120825 011140 360 360 7,174 360 Special Pay 00120825 011150 600 .8,300 9,670 8,104 Social Security 00120825 012110 16,828 18,395 16,284 15,860 Retirement Contribution 00120825 012120 19,416 33,996 29,458 27,426 Insurance - Life & Health 00120825 012130 42,485 42,532 41,093 37,047 Workers Comp 00120825 012140 536 536 468 465 OPEB Expense 00120825 012160 5,041 6,066 6,066 7,635 Medicare Matching 00120825 012170 3,937 4,502 4,259. 3,966 Other Professional. Services 00120825 033190 800 650 246 939 Other Contractual Services 00120825 033490 1,000 - 224 464 Vehicle Allowance 00120825 034010 - 2,600 2,600 2,600 All Travel 00120825 034020 2,800 2,800 2,800 2,800 Telephone 00120825 034110 10,500 14,010 13,104 10,500 Postage 00120825 034210 400 200 400 400 Rent - Office Equipment 00120825 034430 3,000 - - - Automotive Insurance 00120825 034510 2,850 2,850 1,900 1,900 Maintenance - Office Equipment 00120825 034630 3,000 4,532 4,000 5,295 Maintenance - Auto Equipment 00120825 034640 3,311 1,220 200 1,311 Maintenance - Other Equipment 00120825 034690 - 450 - - Outside Printing 00120825 034720 2,000 300 - 1,246 Legal Ads 00120825 034910 101 All Office Supplies 00120825 035110 4,000 7,000 5,577 4,550 Computer Software 00120825 035120 1,977 4,435 1,977 1,967 Computer Hardware Upgrade 00120825 035130 - 694 - - Fuels & Lubricants 00120825 .035210 2,000 1,000 260 1,420 Uniforms 00120825 035240 100 100 - 609 Institutional Supplies 00120825 035250 1,300 100 - - Food & Dietary 00120825 035280 250 250 150 250 Other Operating Supplies 00120825 035290 3,790 5,090 6,504 9,154 Book -Magazines 00120825 035410 330 - 48 340 Dues- Memberships 00120825 035420 950 950 870 955 Tuition/Registration Fee 00120825 035430 200 200 200 630 PC Maintenance 00120825 036830 100 100 - - Communication Equipment Maint. 00120825 044710 3,050 1,856 500 2,900 Communication Equipment 00120825 066450 - 6,272 EDP Equipment 00120825 066470 - - 1,120 - Other Equipment 00120825 066490 6,180 Total $421,128 $501,007 $436,843 $424,160 Average of last 3 years $454,003 F:\Budget\2018-2019 Budget\Initial Summary 1(IV&018 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES M Date: October 16, 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: Work Order No. 5 with Kimley Horn and Associates for Design and Implementation of Membrane Replacement for Reverse Osmosis (RO) Skids at South (Oslo) RO Water Treatment Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The South County Reverse Osmosis (SCRO) Water Treatment Plant is rated for 8.57 million gallons per day (mgd). The existing membranes on skids 1 through 4 at the SCRO plant are more than 10 years old and ready for replacement, due to higher operating pressures, reduced salt rejection and their inability to achieve design rated capacity of 1.5 mgd. Replacement will consist of removal and.disposal of the existing elements, swabbing/cleaning of the existing pressure vessels, disinfection of RO skid product piping, installing new membrane elements, flushing, and startup and testing of new membranes. ANALYSIS: Staff requested Kimley-Horn and Associates (KHA) submit a proposal to implement new membranes at the SCRO plant to include a condition assessment, contract specifications and drawings, permitting, observation and startup. The work order will be provided in accordance with the Continuing Consulting Engineering Services Agreement for Professional Services with Kimley-Horn and Associates dated April 17, 2018. The scope is more specifically described in the attached Work Order No. 5. The total negotiated cost for the membrane replacement at the SCRO plant in Work Order No.5 is a lump sum amount of $72,366.00, separated into four (4) tasks. FUNDING: Funding for the Membrane Replacement for the -SCRO plant project is available in the account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount SCRO Membrane Replacement 1 471-23536-044699-19503 1 $72,366.00 RECOMMENDATION: Staff recommends approval of Work Order No. 5 authorizing the professional services and requests the Board of County Commissioners to authorize the Chairman to execute Work Order No.5 on their behalf for a lump sum amount of $72,366.00 to Kimley-Horn and Associates. ATTACHMENT(s): Work Order No.5 and supporting documents (7 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680C1D19\@BCL@680C1D19Am 116 CCNA2018 WORK ORDER 5 SOUTH OSLO WATER PLANT MEMBRANE REPLACEMENT AND PLANT IMPROVEMENTS This Work Order Number _5_ is entered into as of this _ day of . 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of.April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work),. attached to this Work Order and made part hereof by this reference. The professional services will be. performed by the Consultant for the fee scheduler set forth in Exhibit B (Fee Schedule), attached to this. Work Order and made a part hereof by this reference. The Consultant will perform the professional services Within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: Kimley-Hc By: Print Narr By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan , Chairman Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 117 EXHIBIT #1 Work Order Number 5 South Oslo Rd Membrane Treatment Plant Membrane Replacement and Process Piping Improvements PROJECT UNDERSTANDING The existing membranes at the Oslo Road membrane water treatment plant are more than 10 years old and ready for replacement. Some of the membranes have reduced salt rejection and operate at higher than normal operating pressures. Replacement will consist of removal and disposal of the existing elements, and installation of new membrane elements. Competitive bidding of equivalent elements from membrane manufacturers is recommenced since membrane technology has improved and other manufacturers offer competitive membranes at equivalent performance. The work will be requested through advertising by an original equipment manufacturer (OEM) who has experience performing this type of work. The work will be publicly advertised for bidding through Indian River County (IRC) purchasing department. Due to the age of the existing membrane system and support piping systems, a condition assessment will be conducted to assess reliability of the existing mechanical equipment; feedwater, permeate, and concentrate piping; pipe trenches; membrane skids; small piping systems; and high service pump distribution piping systems. Based on the assessment, improvements will be identified and prioritized according to importance. Documents will be prepared for the improvements identified in the assessment review and be included with the membrane replacement specifications. SCOPE OF SERVICES The following scope consists of membrane replacement implementation and improvements identified in the assessment review for the South Oslo Rd water treatment plant. Task 1— Condition Assessment — Piping & Membrane System The existing membrane system is currently operating at a reduced efficiency due to membrane degradation from scaling, fouling, and apparent intrusion of sand into the membranes. Consultant will evaluate the existing RO skid performance and normalized data, if available, to determine degradation method and determine if additional raw water quality is needed from the raw water supply wells. Consultant will conduct a one -day condition assessment of the existing RO skid equipment, piping, pressure vessels, manifolds, trench piping, (permeate, concentrate, dump), pipe trench walls/floors/grating, feedwater pumps and piping manifold, high service piping manifold, cleaning piping, and chemical system piping within the trenches. C:\Users\mark.miller\Documents\IRCU\Oslo Membrane R&R\Oslo WTP Membrane Replacement 10.4.2018.docx Page 1 of 4 118 Consultant will review existing raw water quality evaluated under Work Order #17, and utilize available data to define, if necessary, the design raw water quality to be used for membrane projections. A design and worst case list of raw water quality parameters will be used for membrane projections. Consultant will conduct up to twenty (20) membrane projections using membrane suppliers' software, with up to three (3) different membrane element manufacturer, and evaluate if optimization of the membrane system with respect to recovery, array, and other operating parameters are warranted to improve operating efficiency and lower operating pressures. Consultant will review membrane suppliers that can manufacture membrane elements which meet Hobart's treatment system requirements. Consultant will develop a matrix of improvements that includes capital costs, operating cost savings, priorities (1— 5 years), and how they are dovetailed into the wellfield and SCADA system improvements. Consultant will submit draft copies to IRCU, attend review meeting, update matrix with IRCU comments, then submit final copy to IRCU. Task 2 — Preparation of Documents Consultant will prepare drawings for the following: • membrane replacement, • train piping replacement/modifications, • drawings of skid piping modifications and feedwater pump room, • inter -stage valve replacement, • sample tubing modifications, • permeate headers and PV permeate pipes, • pressure vessel replacement, • train modifications to array and/or piping, • trench piping, • trench repairs or flowable fill/structural slab, • chemical piping listed herein, • cleaning piping system • dual high service pump discharge piping and replacement piping Consultant will review and prepare drawings depicting small piping replacement, and should consider the following piping systems: • Instrument air piping — black iron to stainless steel • Sulfuric acid piping _ PVC/CPVC to Halar/PVDF` • Scale inhibitor — PVC to HDPE *Consider replacing acid with CO2 supply — stainless steel tubing/piping C:\Users\mark.miller\Documents\IRCU\Oslo Membrane R&R\Oslo WT? Membrane Replacement 10.4.2018.docx Page 2 of 4 119 Consultant will design dual discharge piping headers for the high service pumps, with the intention of replacing the existing deteriorated header piping in the trench and routing a new parallel discharge header on the floor between high service pumps. It is estimated a total of 10 —12 drawings will be prepared. The documents will be prepared and be used in advertising for bids. Consultant will utilize base drawings and sketches prepared in 2008 of RO trains depicting the scope of work on each of the membrane treatment trains and process room. The procurement documents will include membrane and project specifications, projections, and scope of work for modifications to the train piping and arrays. Consultant will prepare a list of qualifications for membrane suppliers and review with Owner. Consultant will finalize membrane replacement specifications and prepare scope of work as described in project understanding. Task 3 — Permitting Due to the fact that permeate hoses and piping will be replaced, and that they come in contact with "potable water", a permit from the Florida Department of Environmental Protection will be required. Consultant will prepare a FDEP permit application FDEP Form 62-555.900(1), Application for a Specific Permit to Construct PWS Components for a minor modification to the RO water plant without an increase in rated plant capacity. Consultant will prepare supporting documents, consisting of drawings, specifications, projections, and calculations supporting the permit application. Consultant will prepare four (4) signed and sealed copies of permit application package and submit to FDEP Southeast District. Consultant will respond to one round of reasonable requests for additional information from FDEP permitting agency requests for clarification. Task 4 — Bidding Phase Consultant will prepare electronic copy of document for IRC purchasing department to be utilized for bidding purposes. IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. The Consultant will attend a pre-bid meeting, respond to OEM, contractor, or membrane supplier questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRC purchasing department. C:\Users\mark.miller\Documents\IRCU\Oslo Membrane R&R\Oslo WTP Membrane Replacement 10.4.2018.docx Page 3 of 4 120 Consultant will review bids, provide a summary of comments, and a letter that identifies the lowest responsive, responsible bidder. TIME SCHEDULE Consultant will conduct Task 1 within 2 - 4 weeks and Task 2 within 6 — 8 weeks from notice to proceed. Task 3 is scheduled to be 2.— 4 weeks after task 2 is complete. Bidding phase is assumed to take up to 4 — 6 weeks after task 1 through 3 are complete. FEE SCHEDULE We will provide these services in accordance with our extension and amendment of our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for Task 1 through Task 4 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Condition Assessment $ 15,827 Task 2 Prepare Documents $ 39,100 Task 3 Permitting $ 7,715 Task 4 Bidding Phase $ 9,724 Total Lump Sum Fee = $ 72,36 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Membrane pilot testing is not included under this scope • Direct purchase of membrane elements and the procurement of these elements is not included under this scope, but can be provided if decided to purchase membrane elements directly • Design drawings of any modification to the RO skids beyond what is listed herein • Construction phase services not included under this task order, but will be prepared depending on schedule of bidding. C:\Users\mark.miller\Documents\IRCU\Oslo Membrane R&R\Oslo WTP Membrane Replacement 10.4.2018.doex Page 4 of 4 121 INDIAN RIVER COUNTY, FLORIDA CONSENTAGENDA MEMORANDUM DATE: October 10, 2018 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James Ennis, P.E., County Engineer SUBJECT: Termination of Bid 2018003 Annual Bid for Aluminum Sign Blanks and Hardware and Rebid DESCRIPTION AND CONDITIONS The Indian River County Traffic Engineering Division — Operations Section requested the solicitation of annual bids to establish firm fixed pricing for aluminum sign blanks and sign posts on an as -needed basis. The materials are necessary for daily repair, replacement and new installation of signs throughout the County. On February 6, 2018, IRC Bid 92018003 was awarded to Traffic Supplies & Distribution, LLC of Fort Pierce, FL and Osburn & Associates, Inc. of Logan, OH. On August 10, 2018, Traffic Supplies and Distribution, LLC notified the County that the industry pricing of sign posts increased well over 40% and was not able to honor the prices that was approved in the bid. The proposed 40% mark-up would not be in the best interest of the County. In addition, on October 4, 2018 Osburn & Associates, Inc. notified the County that due to the industry rise of prices for aluminum, they cannot renew the bid. Staff finds it is in the County's best interest to terminate bid #2018003 with Traffic Supplies & Distribution, LLC and Osburn & Associates, Inc., and rebid using different line item pricing that is equitable to both the contractors and County. FUNDING Annual expenditures totaling approximately $91,000.00 for signs come from various accounts in Transportation/Traffic Engineering to include 11124541-035290 and 11124541-035360. RECOMMENDATION Staff recommends the Board of County Commissioners: • Terminate bid #2018003 with Traffic Supplies & Distribution, LLC and Osburn & Associates, Inc.; and, • Authorize staff to rebid. ATTACHMENTS Traffic Supplies & Distribution Email Message with Email Attachments 1 & 2 Osburn & Associates, Inc. Email Message APPROVED AGENDA ITEM FOR OCTOBER 23, 2018 122 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FgOCBADC\@BCL@F80CBADC.doc Maya Miller From: Kenny Jordan Sent: Friday; August 10, 2018 3:41 PM To: James Ennis Cc: Maya Millet Subject: FW: 1.75" x ]:2' Square Posts Attachments: 2018003 Award -.annual term - Traffic Supplies.pdf; .Est_9258 _from_Traffic_Supplies_Distribution _LLC _9660.pdf; January 2018 Market Information.pdf, Grimco July 2018 Price Announcement.pdf Take a look at this email and attachments and let me know your thoughts. From: dan@tsdist.com <dan@tsdist.com> Sent: Friday, August 10, 20181:58 PM To: Kenny Jordan <kjordan@ircgov.com> Cc: 'Dean Sales' <dean@tsdist.com>; mwarner@tsdist.com; 'Dave Warner' .<dwarner@tsdist.com> Subject: 1.75" x 12' Square Posts Hi Kenny, Well, it looks like my worst suspicions are true. in checking with our vendor regarding current square sign post. pricing, it has gone up well over 40% since the time that we bid this contract. Because of that, we simply cannot sell the posts to Indian River County at the pricing that we bid without taking an extremely significant loss (thousands). Please know that it is by no means our wish to not be able to supply at the pricing that we bid, it is just not possible to do, at this loss - that could jeopardize our business. Due to this, I have attached a new quote for the amount that we can afford to supply these posts for. Just_ for clarification, I have also included the price increase letters that we've received from our vendor. There is a silver lining to this. Our vendor DOES have these posts in stock, and we can get them to you within a week or so of your order. Thank you very much. for understanding. Please let us know if we may still proceed with this, or if any further information is needed from our end. Many Thanks, 02 a oc nitih C n M ,d" � 1 Account. Manager C: 904-226-2764 dan(atsdist.com Sanford Office O: 321:420-1214 3501 Sanford Ave. Sanford, FL 32773 j+�,",.tsdist.com 123 SCO MANUFACTURED PRODUCTS DIVISION January 8, 20.1.8 Market Update — Aluminum Pricing Volatility To Our Valued Customers: In an effort to keep you informed and prepared, we would like to share information that will impact our industry in the near future. The U.S. Department of Commerce opened an investigation into the illegal dumping and subsidies of aluminum exports from China. While this investigation is not related to Grimco, it is already having a major impact on the aluminum market as a whole. This impact is causing raw materialprices to be unpredictable and unstable, driving significant -increases over the past 2 -3 weeks. At this time, we are not announcing any changes to our current pricing; however, we do want to make everyone aware that changes are more than likely in front of us. We expect to understand more about this investigation and the response from the world aluminum market in the near future. For additional information regarding this communication, please visit the below website or contact your sales representative. https://ww-w.commerce.gov/news/press=releases/2017/11/us-department-commerce-self.- initiates-historic-.antidumping-and Sincerely, Michael Sparks Director, Manufactured Products Grimco, Inc. 1585 Fencorp Drive r Fenton, Missouri, 63026 - Phone: 800-542-9941- www.gdmco.com 124 a�CO MANUFACTURED PRODUCTS DIVISION Price Adjustment, Notice To Our Valued Customers: July 27, 2018 2018 continues to be an unprecedented year for raw materials; labor and logistics' :markets. World-wide supply challenges.on aluminum and steel markets continue and are having an adverse effect on domestic prices. In addition, labor markets, logistics and freight continue to create unforeseen rising costs. As a result of these factors, we are announcing the following price adjustments at this time. Effective August 20. 2018 Steel square posts, bare aluminum, sheetedblanks and finished signs are being adjusted per the levels listed. Please refer to the chart below and/or communicate with your sales representative for more detailed information. Steel SquamPosts Bare Aluminum EG / EGP Signs & Blanks HIP Signs & Blanks DGO (3924S).Signs & Blan. ks DG' Signs & Blanks Effective September 1, 2018 3M Transportation Safety Division .announced an increase on all reflective sheeting. Grimco is working to absorb the majority of these costs. It is our intention to hold pricing wherever possible, but please ,note that some items might be adjusted 2 - 4%; Please reach out to yoursales representative for further details. Sincerely;, :Michael Sparks Director, (Manufactured Products Grimco, Inc. 1585 Fencorp Drive Fenton, Missouri, 63026 ■ Phone: 800-542-9941a www.orimco.com 125 Maya Miller From: Diane Lystlund Sent: Thursday, October 04, 201811:05 AM To: 'Melinda Thompson' Cc: Maya .Miller, Kenny Jordan Subject:- RE: purchase order Indian River County, FL 2018 blanket Good morning Melinda, I will do a change orderto correct the Purchase Order so it doesn't reference the bid and isn't over our bid threshold. Thanks, From: Melinda Thompson [mailto:melindat@osburns.com] Sent: Thursday, October 04, 2018 10:36 AM To: Diane Lystlund<dlystlund@ircgov.com>; Melinda Thompson <melindat@osburns.com> Subject: FW: purchase order Indian River County, FL 2018 blanket Hello Diane. We have received your blanket Purchase Order 81955-00. Osburn unfortunately cannot renew your bid 2018003 at the same pricing as was on the bid in 2017. With the aluminum industry in the state that it is, the pricing has and continues to rise. We have recently received orders from Ken Jordan at higher agreed upon prices (we've quoted at the time of the needed order) and he's accepted those prices and placed the orders. We can continue to offer current pricing, however, we did not want you to expect the same pricing as in the bid 2018003. Please let us know if any questions/concerns. Thanks! OSia o psora Ta _ soclate In . 800-523-8917 melindat@osburns.com From: Diane Lystlund <dlystlund@ircgov.com> Sent: Thursday, October 04, 2018 9:25 AM To: Melinda Thompson <melindat@osburns.com> Subject: purchase order Good morning, Please see attached Purchase Order. 1 126 am 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., PMP, County Engineer FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: CR510/85th Street Right Turn Lane Extension at 66th Avenue IRC -1745, Bid No. 2018039 DATE: October 12, 2018 DESCRIPTION AND CONDITIONS On May 1, 2018, the Board of County Commissioners awarded Bid No. 2018039 to Mancil's Tractor Service, Inc. in the amount of $151,016.30 for extending the eastbound to southbound right turn lane at CR -510 and 66th Avenue. Change Order No. 1 is to make final adjustments to contract bid items resulting in a decrease to the total contract amount by $23,290.27 for a final cost of $127,726.03. Mancil's Tractor Service, Inc. has successfully completed the project and has been paid $121,339.73 with $6,386.30 held in retainage. Mancil's Tractor Service, Inc. has submitted Pay App 3 with release of retainage in the amount of $6,386.30. Once the final releases of lien from all subcontractors have been received, reviewed and approved by County staff, payment will be processed. FUNDING Funding is available in the following accounts: Traffic Impact Fees/Retainage Account No. 102-206000-18016 85th Street Turn Lane at 66th Avenue $5,276.12 Optional Sales Tax/Retainage Account No. 315-206000-18016 85th Street Turn Lane at 66th Avenue $1,110.18 127 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FOOCEC93\@BCL@FOOCEC93.doc Page Two CR510/85th Street Right Turn Lane Extension at 66th Avenue For BCC Agenda October 23, 2018 RECOMMENDATION Staff recommends approval of Change Order No.1 and payment of Application for Payment No. 3 to Mancil's Tractor Service, Inc. for final payment and release of retainage in the amount of $6,386.30. ATTACHMENTS 1. Contractor's Application for Payment No. 3 2. Change Order No. 1 APPROVED AGENDA ITEM FOR OCTOBER 23, 2018 128 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FOOCEC93\@BCL@FOOCEC93.doc SECTION 00622 - Contractor's Application for Payment (CR510) 85TH STREET RIGHT TURN LANE EXTENSION AT 66TH AVENUE Application for Payment No. 2. For Work Accomplished through the period of 08/01/2018 through 09/30/2018. To: Indian River County (OWNER) From: Mancil's Tractor Service, Inc. (CONTRACTOR) Project No.: IRC -1745 Bid No.: 2018039 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $151;016.30 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $151,016.30 4. Total completed and stored to date: $127,726.03 5. Retainage (per Agreement): 100% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $127,726.03 7. Less previous Application for Payments: $121,339.73 8. DUE THIS APPLICATION (6 MINUS 7): $6,386.30 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 129 RETAINAGE COVER PAGE 00622-1 MADocumenfsMORK FILES\CR510 85TH STREET RIGHT TURN LANE EXTENSIOMPAY APPLICATIONS\RETAINAGE COVER PAGE.doc Rev. 05101 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated 10/05/2018 By: ��PG ..... % (CONTRA TO — must be signed by •`' '• �� : an Officer(of the Corporation) C� CooRPol?4 C� Z —•-- F : m � SEAL T Z _ Myra Smith, Vice President ►J 1'LL ; .n, Print Name and Title STATE OF FLORIDA1gg4 COUNTY OF INDIAN RIVER F�ORIOP Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Myra Smith, who being by me first duly sworn upon oath, says that she is the Vice President of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that 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 5th day of October, 2018. Myra Smith, Vice President is personally known to me. NOTARY PUBLIC: (SEAL) Printed name: Wanda Sue Smart WANDA SU@SMART Commission No.:GG200367 o1*PY PUB ? •' commisslon#GG200367 Commission Expiration: 04/25/2022 Expires April 25, 2022 �9rF0Pe1.v, Bonded ThruBudpotNOWServloes Please remit payment to: Contractor's Name: Mancil's Tractor Service, Inc. Address: 8530 SW Jayme Way Palm City, FL 34990 [The remainder of this page was left blank intentionally] 130 RETAINAGE COVER PAGE 00622-2 M:10owments\WORK FILES%CR510 85TH STREET RIGHT TURN LANE EXTENSIOMPAY APPLICATIONS\RETAINAGE COVER PAGE.doc Rev. 05/01 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, North America Specialty Insurance Company ,a corporation, in accordance with Public Construction Bond Number 2269621 , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary STATE OF FLORIDA COUNTY OF PINELLAS North. America Specialty Insurance Company Corporate Surety 650 Elm Street Manchester, NH 03101 Business Address BY:�..-- Print Name: Kevin Wojtowicz Title: Attorney -in -Fact h„d (1a. (Affix Corporate SEAL) .: Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Kevin Wojtowicz , to a 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 North American Specialty Insurance Company and that he/she has been authorized by North American Specialty Insurance Company 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 8th day of October, 2018. JENNIFER BUTTERFIELD quo f 01A MISSION N GGIBU76 blic, tate ommor f EXPIRES Sept 9, 2020 FLOMBONDEDTHROUGH My Commission Expires: RU INSURANCE COMPANY [The remainder of this page was left blank intentionally] 00622-3 00622 - Contractors Application for Payment - finil_ainage C:\Usersljstephens.NIELSONBONDS\Desklop\00622 - Contractoes Application for Payment -final retainage.doc Rev. 05/01 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing tinder laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under tine laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: JOHN R. NEU, LAURA D. MOSHOLDER, KEVIN WOJTOWICZ, DANIEL OAKS and DAVID HOOVER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile tinder and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held on March 24, 2000 and Westport insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, tine Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto byfacsinnile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." S�F�G,tAUiTY,�y///i// �gQ�pPPorq- 6, �i Air° opil0"!A( jn 8 ,��Q o r;'��?�:yd'�a-,� O key / Slttttll. �SEAL .'7sSteven nt erson, enmr ce res ent o as ungton nternat ono usurnnce Company & Senior Vice President of North American Specialty Insurance Company �f°" ''0 &Senior Vice President orWestport Insurance Corporation (awrlit Mikee A. Ito, Senior Vice President ofWashington International Insurance Company& � Senior Vice President oriN'arth American Specialty Insurance Company & Seninr Vice President or Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 26th day of July —,20 17, North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 26th day of July 2017, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SFAL M 1(ENNY F , NOTAl1Y PUBLIC. STATE OF IWNOIS M. Kenny, Notary Public 1 MY COMMISSION EXPIRES 12'0412017 ,• ,, • 1 i ,J r. I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty iiisurince ,Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing,i5 a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International lnsurance Conipanyai4 Wcstport Insurance Corporation which is still in fiill force and effect. t IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this -0gday of 0, r - _ lelTmy Goldberg, Vice President&Assistant Secremry or Washington International In�rrrQQG�C'ompanv& North American Specialty Insurance Company & Vice President & Assistant Secretory ar It�estt7r4fImuranje Corporation Page 4 of 5 CERTIFICATION OF ENGINEER: certify that l have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated 16--1� - zws �t-� `1.4_t dj'— SIGNATURE CERTIFICATION OF INSPECTOR: have checked the estimate against the Contractor's Schedule of Amounts for Contract. Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements ovhe Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. l am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated. LO — t 7 / "- S(GNATURE [The Remainder of This Page Was Left Blank Intentionally]. 00622 -4 J RETAINAGE COVEY J13E. MIDocumenlsMORK FILESXCR510 85TH STRFFT RIM4TTI IRM I ANF FVTFMCInM1PAV noci $PATIMImO AIAOAnc -C6 —C a.... o_..-- Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): None 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages.as necessary): None RETAINAGE COVER PAGE 00622-5 MADocumentsMORK FILES1CR510 65TH STREET RIGHT TURN LANE EXTENSIOMPAY APPLICATIONS\RETAINAGE COVER PAGE.doc Rev. 05/01 IRG41VI5 (CRSIO) 85TH STREET RIGHT TURN LANE EXTENSION AT 66TH AVENUE 135 SCHEDULEDVALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS IBALANCETOFINISH Nem No. [ba -do IS, 7-L � 6 �jMTffy �W�6,jf !bU� re low up" is w"OHOWS, UA joj-j MOBILIZATION IS 1 45,000.00 45,000.00 1.00 45,000.00 0.00 0.00 1.00 45,000.00 100.001A o-oo 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS i 3933.60 3,933.60 too 3,933.60 0.00 0.00 LOO 3,933.60 100.00% 0.130 0.00 0.00 104=10=3 SEDIMENT BARRIER LF 420 1.50 630.00 420.00 630.00 0.00 0,00 420.00 630.00 100.00% 0.00 0.00 0.00 110-1-1 CLEARING AND GRUBBING IS 1 83100 83LOO 1.00 83LOO 0.00 0.00 too 83LOO 100.00% 0.00 0.00 0,00 120-1 REGULAR EXCAVATION LS I 6 500.00 6,500.00 too 6,500.00 0.00 0.00 1 LOD 6500.00 100.00% 0.00 0.00 0.00 220-6 IEMBANKMENT IS 1 2,118.00 1 2,118.00 1.00 2,218.00 0.00 0.00 1.00 1 2128.00 100.00% 0.00 0.00 0.00 285-706 14"CEMENTED COQUINA%1IDU!6 UBR 100 (2LIFTS) SY 956 15.65 14,961.40 956.00 14,961AO 0.00 0.00 956.00 14,961.40 100.00% 0.00 0.00 0.00 327-70w6 MILLING EXISTING ASPHALTICPAVEMENT (AVE. 1-1/2- 'T DEPTH) SY 441 11.50 5,07L50 44100 5,071.50 0.00 0.00 44LOO 5,071.50 100.00% 0.00 0.00 0.00 334-143 SUPERPAVE ASPHALTCONREIE TRAFFIC CLS SY 0 9.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 #DIV/01 0.00 0.00 0.00 337-7-83A MF'!9�SLl":THK ASPHALT CONRETE FRICTION COURSE 'C (F, 175)1- 1/2"THK SY 0 16.11_ 0.00 0.00 0.00 0.00 0.00 O.Do 0.00 #DIV/O! 0.00 0.00 0.00 337-7-83 ASPHALT CONRETE FRICTION COURSE TRAFFIC C (FC12.5)0"- 2" OVERBUILD SY 0 20.73 0.00 0.00 0.00 0.00 0.00 0.00 0.00 #DIV/01 0.00 0.00 0.00 520-1-10 CONCRETE CURB AND GUTTER (TYPE F) LF 415 14.00 5,810.00 415.00 5,810.00 0.00 0.00 415.00 5,810.00 100.00% 0.00 0.00 0.00 55040-221 FENCING TYPE B. 5.1'-6.0- WITH BARBED WIRE, LF 0 39.33 0-00 .-Do "'Do Do. -.Do ---o 0- "Dwol 0.00 0.00 0.00 570-1-2 PERFORMANCE TURF, SOD (BAHIA) SY so 6.00 300.00 50.00 2100L00 0.00 0.00 50.00 300.00 100.00% 0.00 0.00 0.00 _ 700=1-50 SINGLE POST SIGN, RELOCATE AS 2 137.50 275.00 2.00 275.00 0.00 0.00 2.00 275.00 100.00% 0.00 0.00 0.00 711-11-102 THERMOPLASTIC, PAVEMENT MARKINGS, STANDARD SOLID WHITES" LF 20 1.16 23.20 20.00 23.20 0.00 0.00 20.00 23.20 100.00% 0.00 0.00 0.00 711-11-124 THERMOPLASTIC, PAVEMENT MARKINGS, STANDARD SOLID WHITE 18" FOR DIAGONAL OR CHEVRONS LF 20 2.64 52.80 20.00 52.90 0.00 0.00 20.010 52-80 100.00-A 0.00 0.00 0.00 711ml1-170 THERMOPLASTIC, PAVEMENT MARKINGS STANDARD, SOLID WHITEARROWS EA 6 82.50 495.00 6.00 495.00 0.00 0.00 6.00 495.00 100.00% 0.00 0.00 0.00 711-16-101 THERMOPLASTIC, PAVEMENT MARKINGS, STANDARD, SOLID WHITE V Lf 1327 088 1,167.76 1,327.00 1,167.76 0.00 0.00 1,327.00 1,167.76 100.00% 0.00 0.00 0.00 711-16-131 THERMOPLASTIC, PAVEMENT MARKINGS, STANDARD, SKIP, WHITE, 6"10'30' LF 150 0.38 57.00 150.00 57.00 0.00 0.00 150.00 57.00 100.001A 0.00 0.00 0.00 999-1 AS -BUILT DRAWING (BY REGISTERED SURVEYOR) IS 1 2,170.00 2,970.00 -oo 2,970.00 0.00 0.00 1.00 7,970.00 100.00% 0.00 0.00 0.00 90,196.26 90,196.26 0.00 90,19626 0.00 0.00 FORCEACCOUNT LS 1 30,000.00 23,290.27 0.00 0.D0 0.00 0.00% 0.00 LOD 23,290.27 WCD 1 NET AMOUNT FORCEACCOUNT DECREASED 1 6,709.73 6,709.73 0.00 0.00 0.00 0.00% 0.00 1.00 6,709.73 WcDi SP -12.5 (TRAFFIC C) 1.5- SY 895 11.89 10,642.55 895.00 10,641.55 0.00 0.00 895.00 10,641.55 100.00% 0.00 0.00 0.00 WCD 1 FC -9.5 (TRAFFIC C) 1- SY 1348 17.64 23,778.72 1,348.00 23,778.72 0.00 0.00 1-1148.00 23,778.72 100.00% 0.00 0.00 0.00 WCD I SAWCUT EXISTING ASPHALT LF 415 3.00 1,245.00 415.00 1,245.00 0.00 0.00 415.00 2,245.00 100.00% 0.00 0.00 0.00 WcDl REMOVE & DISPOSE OF EXISTING ASPHALT& BASE SY 185 7.00 1,295.00 185.00 1,295.00 0.00 0.00 185.00 1,295.00 100.00% 0.00 0.00 0.00 WCDI CONCRETE FLUME EA 1 287.50 287.50 too 287.50 0.00 0.00 1.00 297.50 100.00% 0.00 0.00 0.00 WCD 1 RIGHT LANE MUSTTURN RIGHTSIGN EA 1 282.00 282.00 1.00 292.00 0.00 0.00 2.00 282.00 100.00% 0.00 0.00 0.00 MISCELLANEOUS SUBTOTAL 37,529.77 37,529.77 0.00 37,529.77 0.00 30,000.00 ITOTAL 151,016.301 TOTAL 227,726A3 TOTAL . .. . ....... 0.001 TOTAL 127,7Z6 013 TOTAL 0.001 TOTAL 30,000.00 AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT ()% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $127,726.03 $0.00 $127,7Z6.03 $0.00 $127,726.03 $121,339.73 $6-386.30 135 9 SECTION 00942 - Change Order Form No..1 DATE OF ISSUANCE: 10/23/2018 EFFECTIVE DATE: 10/23/2018 OWNER: Indian River County CONTRACTOR Mancil's Tractor Service, Inc. Project: (CR510) 85TH STREET TURN LANE EXTENSION AT 66TH AVENUE OWNER's Project No. IRC -1745 OWNER'S Bid No. 2018039 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is.complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $151.016.30 Net decrease of this Change Order. $23,290.27 Contract Price with all approved Change Orders: $127,726.03 ACCEPTED: By: v�+' ✓ CONTRACTOR (Signature) Date: 10- 2 - 1St CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: (10/6/2018) Final Completion: 11/5/2018 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: N/A Final Completion: N/A Contract Time with all approved Change Orders: (days or dates) Substantial Completion: (9/26/2018) Final _Complletion: (10/5/2018) RECOMMENDED: By: L U,& W ENGINEER (Signature) Date: 10/12/2018 APPROVED: By: IRC -1745 00942 COF 20181023 00942 -1 FAPublic WorWENGINEERING DMSION PROJECTS\1745 (CR510) 85th Street Right Turn Lane Extension at 66th Ave11-AdminWgenda ItemslProjecl CloseouNRC- 1745 00942 COF 20181023.doc Rev. 05/M 136 i CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: CR510/85th Street Right Turn Lane Extension at 66th Avenue I.R.C. PROJECT NO. 1745 BID NO. 2018043 WCD#1 INET E 1.0 1 6.709.73 1 6.709.73 SUBTOTALS 6,709.73 30,000.00 CR510185th Street Right Turn Lane Extension at 66th Avenue TOTAL $ (23,290.27) 137 003104 FAPubl1cWorksT-NGINEERING OMSION PROJECTS\1745 (CR510) 85th Street Right Turn Lane Extenslon at 66th Ave\1-Admin\Agonda Ite=\Projed CloseouNRC-1745 FCO 20181023 �k Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners. From: Acting Budget Manager Date: October 17, 2018 Subject: Miscellaneous Budget Amendment 018 Description and Conditions 1. The School District of Indian River County has invoiced the County for Hurricane Irma Shelter costs. The county has included this expense in the Category B FEMA Project Worksheet and is anticipating reimbursement. Exhibit "A" appropriates $284,617 from General Fund/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-2018 budget. 138 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 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 Manager Budget Amendment: 018 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1 st 001039-389040 $284,617 $0 Expense General Fund/Emergency Management/Other Contractual Services/Irma 00120825-033490-17026 $284,617 $0 140 1031 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR Dr. David Cox, Audubon Florida & Pelican Island Audubon ORGANIZATION: Society ADDRESS: 2044 14" Avenue, Suite 24 Vero Beach, FL 32960 PHONE: 772-766-2074 SUBJECT MATTER FOR DISCUSSION: Trap, Neuter, Reabandon (TNR) IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? FX__1 YES F-1 NO IS THIS AN APPEAL OF A DECISION ❑ YES FX1 NO WHAT RESOLUTION ARE YOU Request Commission oppose any ordinance condoning or legalizing REQUESTING OF THE COMMISSION? establishment of feral cat colonies and TNR programs. ARE PUBLIC FUNDS OR ACTIVITIES REQUHtED? F-1 YES Fx I NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS None, though request is for 10 minutes. REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown FACowry Admin\ExecAsst\AGENDA\Public Discussion Items Fo=.doc 141 10/23/2018 Wildlife Impacts of TNR Trap -Neuter -Rea ba ndon Dr. David Cox Audubon Florida & Pelican Island Audubon Society f 1 i udubo F LCA R i D A The voice of conservation in Florida for over 115 years. Using science to guide our priorities and birdlife to measure ecosystem health, Audubon advocates for the protection of land, water, and wildlife. 10.6.1. A - 1 Al�;iGu AtidubonFLORIDA v� f 1 i udubo F LCA R i D A The voice of conservation in Florida for over 115 years. Using science to guide our priorities and birdlife to measure ecosystem health, Audubon advocates for the protection of land, water, and wildlife. 10.6.1. A - 1 10/23/2018 10.6.1. / nat7i<. /�:��1 13 Our Mission: To preserve and protect the animals, plants, and natural communities, and the land and water on which they depend, in Indian River County, through education, advocacy, and public awareness. Our Position on Free -Ranging Cats We recognize that domestic cats provide many benefits to people, including companionship and comfort. We also recognize that free -ranging (feral, stray, and outdoor owned) cats kill billions of birds and small mammals in the U.S. each year. Audubon supports responsible pet ownership, to keep domestic cats indoors or controlled on a leash, and to manage feral cat overpopulation by establishing alternatives to feral cat colonies. I4(- 2 10/23/2018 10.6.1. Background • The domestic cat is an exotic, invasive species to North America, and is now more abundant than any native carnivore. • The ±140 million domestic cats in the U.S. annually kill 1.3-4.0 billion birds and 6.3-22.3 billion small mammals. • There is broad scientific consensus that cats are the top source of direct human -caused mortality for birds and small mammals in the U.S., and thus disrupt native ecosystems. Background • Cats are instinctive hunters. They hunt to kill whether fed or not. • Outdoor domestic cats and feral and stray cats prey upon native birds, small mammals, reptiles, and amphibians. • These cats are also vectors of diseases affecting humans, pets, and wildlife. • Outdoor domestic cats lead short, brutal lives, exposed to many risks. 141- 3 10/23/2018 10.6.1. Indian River County • The number of free -ranging domestic cats in Indian River County is estimated to be at least 53,000. • These cats annually kill 492,000-1.5 million birds and 2.38-8.45 million small mammals in Indian River County. • Many of these victims will have lived in public parks, conservation areas, and vacant greenspaces. Indian River County • Our conservation areas and greenspaces are islands in a sea of urban and suburban development. • Whenever cats are introduced to islands they cause extinctions. 141- 4 10/23/2018 y Capture Counts: Sebastian Nordi o c `rA ', LEGEND • 8 -year (2010 - 2018) 2 © Capture Locations period Cat Count Per Location A° s o t -z A 3-6 r� .. 7-10 BREVARD 'C �P uc;e.a r'R ® 15-30 D O N T Y. mm?.nm 317 4p t�rm* t\•\ Density of Captures - - .. V OS - a .a trigh !.ow - .. N � >•.\ j I • na qe:: tp.+�bbp rcP+au"m a N et Gk[x :'i'—•— _ —•_•\ I 3 qr cmM y^_ret M . �; 0 ♦ o °.� •.\ e'aul \.` �i .. .mMs nad•arn Ae770fa ' . ..: .' :' :: i pit a• .ie�,'O I < \•3 tsSW trdca. ant �m:n°acr a <•'a u?t'tt et e 3 tre•b+. Yd t Con tFn03 C*.,4 PDMS =•t' Bound s a>uaT. _0 �� \ - � roY - JJ {ta Tii- Ca� � F, 7• •` 1 R r>." mgr sr. sba 4s r Pr _ sl.% PnA J 5 y Vit$ t , - y 1 - t O •E N •\ WE K6iJ� 0 1Mnanvt8>ebno, l4ro a., r \ _._._._._._ r> MIR7 2 t ••••••�\ "� L:,.nR•.t3G.cexe� u •p •� t G• O Se:eteveeri+y' o *"r 0.15 0s0.76 1M.la .avaate, we aucnt tl Recommendations • We support efforts to educate and encourage cat owners to keep cats indoors or controlled on leashes when outdoors, and to have their pets spayed or neutered. • We support the humane reduction of feral cat colonies. • We support the passage and enforcement of state legislation and local ordinances prohibiting establishment of feral cat colonies and the release of feral or unwanted cats outdoors. 10.6.1. 14i 6 10/23/2018 10.6.1. Recommendations • We oppose the passage of state legislation and local ordinances that condone or legalize the deliberate establishment of feral cat colonies. Summary • Trap-neuter-reabandon appears advantageous to one species — cats — and harmful to many dozens, perhaps hundreds of other species. • To protect our threatened wildlife we must humanely remove domestic cats from the landscape. R " 10/23/2018 10.6.1. A - 8 //4 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY [i 011firelft_1►1amTki TO: The Honorable Board of County Commissioners THRU Jason Brown, County Administrator FROM: Suzanne Boyll, Human Resources Director Michael Zito, Assistant County Administrator Tad Stone, Director of Emergency Services DATE: October 15, 2018 SUBJECT: Collective Bargaining Agreement between Indian River County and the International Association of Firefighter's, Local 2201 The current collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201(IAFF) included a wage reopener to negotiate a general wage adjustment for the second and third year of the agreement (FY2017/18 and FY2018/19). For FY2017/18, a 2.5% general wage increase was agreed upon and approved. For the final year of the three year agreement FY2018-19, the parties met on several occasions to negotiate the third year wage adjustment. Tentative agreement was reached on September 26, 2018 to provide a 2.75% general wage increase effective the first full pay period in October 2018. This wage adjustment would increase the minimum and maximum of the pay plan for each IAFF represented position. The proposed agreement was submitted to the IAFF membership and ratified by the Union on October 11, 2018. The 2.75%. wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the Emergency Services District budget (Fund 114) to provide for the recommended wage increase totaling $536,220 including benefits. RECOMMENDATION: Staff respectfully recommends approval of a 2.759/o general wage increase for employees represented by the International Association of Firefighter's, Local 2201 effective the first full pay period in October 2018 and requests the Board authorize its Chairman to sign the amendment to Article 34 — Salaries of the collective bargaining providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 34 - Salaries of the Agreement between Indian River County and the International Association of Firefighter's, Local 2201 to include Exhibit A. 142 THIRD AMENDMENT TO OCTOBER 1, 2016 COLLECTIVE BARGAINING AGREEMENT THIS THIRD AMENDMENT by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, hereinafter referred to as the "County', . and the INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF, hereinafter referred to as the "Union". WHEREAS, effective May 16, 2017, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2016 through and including September 30, 2019; and, WHEREAS, Article 34, Salaries, provides for bargaining unit employees to receive general wage increases, step increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 34, Salaries, shall be amended as set forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By Peter D. O'Bryan, Chairman Date Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney INDIAN RIVER COUNTY FIREFIGHTERS/ PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF By John O'Connor, Union President Ratified by the Union on the 11th day of October 2018 Attest: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk 143 EXHIBIT A ARTICLE 34 SALARIES 34.1 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at $2,000 below the entry level for a dual' certified positions and will be required to become dual certified within 12 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2016-17, effective October 14, 2016, which is the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. B. For Fiscal Year 2017-18, effective the first full pay period in October, all bargaining unit employees shall receive a 2.5% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. C. For Fiscal Year 2018-19, effective the first full pay period in October, all bargaining COUNTY PROPOSAL #3 - 9/26/2018 144 unit employees shall receive a 2.75% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. D. Effective the first full pay period of April 2017, April 2018, and April 2019 all non - topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pay period of April 2017. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pay period of April 2018. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first full pay period of April 2019. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2017, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed 12 months from date of hire). This new hire provision will also extend to new hires in April 2018 and April 2019 who have not attained paramedic certification as of the first full pay period in April of each year. Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. E. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2019 shall be established through collective bargaining for a successor Agreement. F. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 D. COUNTY PROPOSAL #3 - 9/26/2018 145 34.3 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 34.4 Employees who retire under regular FRS guidelines after the termination date of this agreement but prior to the ratification of a new agreement will be eligible for retroactive payments calculated in the same manner as other bargaining unit employees. COUNTY PROPOSAL #3 - 9/26/2018 146 ��rvER Office of the Z y INDIAN RIVER COUNTY *�'Loelo' 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: October 5, 2018 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2019 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2019. Staff requests direction from the Board. 147 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2019 MEETING DATES January 8, 2019 January 15, 2019 January 22, 2019 February 5, 2019 February 12, 2019 February 19, 2019 March 5, 2019 March 12, 2019 March 19, 2019 April 2, 2019 �— April 9, 2019 April 16, 20,1-9---,` April 23,(20i'9 4 I May 7,201?,, May-l:4�2019�� '\May 21)2019` .June 4 2:01'9 June 11~201'9, .� June 18, 2019 9:00 A.M. July 2, 2019 ;uly 9,-Z�0 19 Jul16, 20.19 August 13, 2019` Septeml`e X1.0, 2019 ' \\Sep ;ember 17, 20.19/ \Oc ober 1,2 019 ' i �Oc ob r , 2019 October 15, 2019 October 22, 2019 November 5, 2019 November 12, 2019 November 19, 2019 December 3, 2019 December 10, 2019 December 17, 2019 148 Proposed 2019 BCC. Meeting Dates January S M T W T F S * 2 3 4 5 6 7 0 9 10 11 12 13 14 (0 16 17 18 19 20.023 24 25 26 27 28 29 30 31 May S M T W T F S 1 2 3 4 5 6 8 9 10 11 12 13 015 16 17 18 1920Q22232425 26` 28 29 30 31 September S M I w I_F 5 1, (31 2 3 4 5 6 7 8 9 (0 11 12 13 14 15 16018 17 19 2.021 22 23 24 25 26 27 28 2930 28 29 30 31 Proposed 2019 BCC:Mcetvig Dates 2019 February S M T W T F S 1 2 3 4 0 6 7 8 9 101i 13 14 15 16 17 18 (3 20 21 22 23 24.25 26 27 28 June S M T W T F S 1 2 3® 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 October 5 M I w I r S (31 2 3 4 5 6 7 ® 9 10 11 12 13 14 (0 16 17 18 19 20 210 23 24 25 26 27 28 29 30 31 March S M T W T F S 1 2 3 4 () 6 7 8 9 10 110131415 16. 17 18020 21 22 23 24 25 26 27 28 29 30 31 July 5 M T w T F S 1 Q 3)$ 5 6 7 8 Q 10 11 12.13 14 15 � 17 18 19 20 21 22 23 24 25 26 27 28 29.30 31 November S M T W T F S i z 3 4 0 6 7 8 9 '10 �A1Q 13 14 15 16 ll 18 (f9 20 21 2223 24252627�b A30 April S M T. W T F S 1 3 4 5 b 7 8 10 11 12,13 14 15 (0 17 18 020 21 22 Q 24 25 26 27 28'29 30 August S M T W T F S 1 2 3. 4 5 6 7 8 9 10 11 12 (0 14 15 16.17 18'19 20 21 22 23 24 25 26 27 28 29 30 31 December S M T W T F S 1 2 �3 4 5 6 7 8 9 0 11 12 13 14 15 160 18 19 20 21 22 23 '� � 26 27 28 293031 149 �R,vER C� a o Office of the INDIAN RIVER COUNTY �oR��� * 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: October 17, 2018 SUBJECT: Red Tide Update and. Ratification of County Administrator's Actions Staff would like to provide an update to the Board of County Commission on Red Tide in Indian River County. Initially, County crews (Road & Bridge, Parks, and Recreation) were cleaning the County's beach access points each morning. This addressed the fish that washed ashore with each high tide at these public access points. Upon confirmation of Red Tide in Indian River County, and inclusion in the Governor's Executive Order, staff proceeded with the execution of a Grant Agreement with the State of Florida, Department of Environmental Protection. This grant provides 100% reimbursement of costs related to Red Tide Clean-up in Indian River County with no local match required. The grant provides funds to the County which could be passed on to the Cities and Towns through interlocal agreements. The executed grant agreement is provided for Board ratification. A meeting was held with representatives from the City of Vero Beach, the Town of Indian River Shores, and the Town of Orchid. During this meeting, a determination was made that Indian River County would proceed with a countywide cleanup effort rather than entering into interlocal agreements requiring each City and Town to enter into separate agreements. In order to get a contractor mobilized as quickly as possible, under the authority outlined in Emergency Procurements Section 3.4 of the County's approved purchasing manual, a Work Order and Notice.to Proceed was issued to Ceres Environmental Services, Inc. (Ceres), one of the County's approved emergency debris removal contractors. The entire coastline of Indian River County is to be cleaned as needed. The attached work order with Ceres is provided for Board ratification. 150 Initially, our costs are estimated to be approximately $79,500.00 for the shoreline clean-up with Ceres Environmental. This cost is based upon 10 days of cleanup with three (3) crews per day. The actual costs could be greater or less than this depending upon the number of days of cleanup needed. The proposal from Ceres does not include hauling/transportation of debris to the disposal site. Therefore, the County has signed an emergency contract memorandum with Waste Management per the 2015 franchise agreement for necessary containers and transportation to the landfill. The estimated cost of this service is approximately $10,791 based upon 10 days of cleanup with 5 containers per day (17.5 tons) of debris. Additionally, the County landfill charges a tipping fee of $32.50/ton/ for chargeable garbage. County staff estimates a cost of $569 in tipping fees for this effort based upon the quantities outlined above. Funding Funding for these expenses will be provided by the Florida Department of Environmental Protection Grant on a 100% basis with no required local match. The County has incurred some costs prior to the execution of the grant that will not be eligible for reimbursement. There may be some additional minor expenses (e.g. supplies, limited overtime, etc.) that will not be covered by the grant. Any expenses not covered by the FDEP grant will be provided from Transportation Fund reserves. Please see the table below which shows a breakdown of the estimated costs for debris cleanup. Item Description Estimated Cost Debris removal $79,500 Hauling/Transportation $10,791 Landfill disposal $569 Misc. other costs $25,000 Contingency 25% $28,965 Total Estimate Cost $144,825 These expenses will be accounted for in account number 11121441-033490-19005 (Transportation Fund/Road & Bridge/ Other Professional Services — Red Tide Disposal). A budget amendment will be necessary to allocate this funding. 151 Staff Recommendation Staff recommends that the Board of County Commissioners: 1. Ratify the attached Work Order with Ceres Environmental Services, Inc. as executed by the County Administrator on October 18, 2018. 2. Ratify the grant agreement with the Florida Department of Environmental Protection to fund debris cleanup for Indian River County as executed by the County Administrator on October 18, 2018. 3. Authorize a budget amendment" to allocate funding for these expenses in the amount of $144,825. Attachments: Red Tide Clean Up Work Order with Ceres Environmental Services, Inc. Notice to Proceed to Ceres Environmental Services, Inc. Florida Department of Environmental Protection Grant Agreement 152 RED TIDE CLEAN UP WORK ORDER . Date: October 17" 2018 Jason E. Brown County Administrator Indian River County 1800 27th Street Vero Beach Florida 32960 Ref: Contract #: RFP No. 2016015 Disaster Debris Removal & Disposal (Red Tide Clean tip) Ceres Environmental Services Inc does hereby submit pricing for the work order to remove the Dead fish located on the Indian River County Public Beach resulting from Red Tide. The Scope of work shall include the following; The Raking, Scraping, Collection and Removal of Dead fish from Indian River County Public Beach using the following pieces of Equipment and Operators. 1. Tractor w/ Rake with Operator 2. 2000 LB. Skid steer with Grapple Bucket with operator. Work shall consist of raking the fish to a pile located on the beach and then picking up that pile .using the Skidsteer with Grapple Bucket to dispose of the fish in on site County provided Dumpsters. County is responsible for 1. Hauling of dumpsters to a Final Disposal site 2. The cost of Disposal Fees and 3. The provision of a nearby location to store the equipment. Proposed Hours of.Operation: 07:00 a.m to 3:00 p.m. (1) Mobilization Cost: .$500.00 /per Day (2) Demobilization Cost: $500.00 /per Day (3) Ceres Supervisor: $500.00/Day (4) Collection and Removal of Fish from Beach $3,250.00/Day per Crew The undersigned hereby agree to the terms and conditions above. All otherterms and conditions of the Contract Agreement remain in full force and unchanged. IndianR' er County FL Ceres Envir nm -Services Inc. r By: Jason E. B wn, County Administrator Tia Laurie, Corporate Secretary FLORIDA I LOUISIANA I MINNESOTA I TEXAS 3825 85th Avenue klmn I Brooklyn Park krmnesota 554421 mm 763 4,5 06221 Farr 763 493 S tO3 cere'senvironmenia! cam 153 Indian River County F1 NOTICE TO PROCEED October 18th 2018 Suzan Dunlop, Contracts Manager Ceres Environmental Services, Inc. 6968 Professional Parkway East Sarasota, Florida 34240 Re: RFP#: 2016015 Disaster Debris Removal and Disposal Services — Red Tide Clean Up Activation. Dear Ms. Dunlop: Pursuant to the terms of the RFP#2016015 Disaster Debris Removal and Disposal Services Contract dated April 5t 2016 and valid thru to April 4th 2020, Ceres Environmental is hereby given -notice that Indian River County is activating the contract for the removal of the dead fish resulting from the Red Tide. Per the contract, Ceres Environmental is required to respond to this Notice To Proceed within 24 hours of receipt of this Notice. Please respond by contacting James Ennis with Indian River County upon receipt of this Notice to make necessary arrangements for beginning work under this activation on notice. Please sign and date this original and return it to my attention by electronic mail at iennisCoNrogov.com. The total estimated cost of debris removal for this activation is TBD. Ceres Environmental shall have 20 days from the date of this Notice to Proceed to complete the debris removal services required under the contract. Indian River County's point of contact for this debris removal project is James Ennis P.E. PMP County Engineer for Indian River County. He may be contacted at (772) 563-7666 or Email: jennis ircgov.com. James Ennis RE is duly authorized to administer this contract for and in the name of Indian River County FL. Sincerely, mes Ennis, PE PMP County Engineer (772)-226-1221 Ceres Environmental ervices, I c. Received by GI �2'"� Date 76 — ,-9 -- t $ 154 BOARD OF COUNTY COMMISSIONERS October 18, 2018 Kasey Godwin, District Manager Waste Management of Florida 431077 th Street Vero Beach, Florida, 32966 Re: Emergency Contract Memorandum of Understanding Supplemental to Franchise Agreement for Red Tide Response Dear Mr. Godwin: Pursuant to the terms of.the 2015 Franchise Agreement (RFP# 2015023), Waste Management (`WM") and the Solid Waste Disposal District ("SWDD") agree that: WM will provide 20 -yard open top roll -off containers to locations requested by Indian River County ("County") at the current franchise rate of $175.81 per container (billed per haul). Disposable liners for the containers will also be provided at a rate of $40 per liner per container, with each container requiring one liner. At no point in time are containers permitted to be placed on the sandy beach east of the vegetation line unless authorized by county personnel. Full containers shall be removed and transported to the County Landfill on a daily basis, with no tipping fees payable by WM. Empty containers with liners will be returned to locations specified by the County. Indian River County's in -field point of contact for this project is James Ennis, P.E., County Engineer. Mr. Ennis can be contacted at (772) 563-7666 and jennis@irceov.com. If Mr. Ennis is not available, James Gray, County Natural Resources Manager may be contacted at (772) 453-3784 or igray@ircgov.com. Sincer ly, Jason . Brwn. Coun y Adt`ninistrator Waste Management, Inc. of Florida Agreed by ,/�`zDate �D % r/ 2yt' Kasey C. Godwin, District Manager 155 VEIZ Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: October 11, 2018 SUBJECT: Emergency Addition: Ratification of Red Tide Clean Up Work Order #2, Ceres Environmental Services It has been determined that in order to effectively and .expeditiously clean the coastline of Indian River County, additional vehicles, equipment, and crews are necessary. Work Order Number 2 with Ceres Environmental Services, Inc. has been executed by the County Administrator to facilitate the clean-up, and it is requested that the Board of County Commission ratify Work Order # 2. Funding Funding for these expenses will be provided by -the Florida Department of Environmental Protection Grant on a 100% basis with no required local match. These expenses will be accounted for in account number 11121441-033490-19005 (Transportation Fund/Road & Bridge/ Other Professional Services — Red Tide Disposal). A budget amendment will be necessary to allocate this funding. Staff Recommendation Staff recommends that the Board of County Commissioners ratify Work Order #2 with Ceres Environmental Services Inc. Attachment — Ceres Environmental Services, Inc. Red Tide Clean Up Work Order #2 A ►551 � As RED TIDE CLEAN UP WORK ORDER # 2 Date: October 22nd 2018 Jason E. Brown County Administrator Indian River County 1800 27th Street Vero Beach Florida 32960 Ref: Contract #: RFP No. 2016015 Disaster Debris Removal & Disposal (Red Tide Clean Up) Ceres Environmental Services Inc does hereby submit additional pricing for additional vehicles and laborers to be added to the 1St work order in order to effectively and expeditiously remove the Dead fish located on the Indian River County Public Beach resulting from Red Tide. Additional Vehicles, Equipment and Laborers being added include; Unit Rate 1. 2000 LB Skidsteer with Straight Bucket and operator. $85.00/Hour 2. Six (6) Laborers $65.00/Hour per laborer 3. One (1) Support Vehicle (Side by Side) $180.00/Day The Scope of work shall include the following; The Raking, Scraping, Collection and Removal of Dead fish from Indian River County Public Beach using the following pieces of Equipment and Operators. Work shall consist of raking the fish to a pile located on the beach and then picking up that pile using the Skidsteer with Grapple Bucket to dispose of the fish in on site County provided Dumpsters. County is responsible for 1. Hauling of dumpsters to a Final Disposal site 2. The cost of Disposal Fees and 3. The provision of a nearby location to store the equipment. Proposed Hours of Operation: 07:00 a.m to 3:00 p.m. The undersigned hereby agree to the terms and conditions above. All other terms and conditions of the Contract Agreement remain in full force and unchanged. Indian Rive By: Jasc Ceres Environmental Services Inc. Tia Laurie, Corporate Secretary FLORIDA ! LOUISIANA I MINNESOTA I TEXAS IFA>R'. _ ( ceresenotonmeniai, ccm 1555-Z ADDITIONAL BACK-UP AGENDA ITEM 11C October 23, 2018 P SS - 3 'I , 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: Red Tide Management for and within Indian River County AB010 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Board of County Commissioners 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 12/16/2018 4. Project Number: Project Location(s): (If differentfrom Agreement Number) Indian River County Project Description: The Grantee will get a quote and draft a proposed contract with a vendor to provide red tide management services. These contracted services may include, but are not limited to, the containment, removal, cleanup, elimination, transportation, and disposal of biological debris associated with the red tide event. 5. Total Amount of Funding: $144,825.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal Florida Executive Order 18-221 $144,825.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $144,825.00 6. Department's Grant Manager Grantee's Grant Manager Name: Ed Cambeiro Name: Kristin Daniels or successor Address: 3900 Commonwealth Boulevard, MS #24 Tallahassee, FL 32399-3000 Phone: 850-245-3176 Address: 180127th Street Vero Beach, FL 32960-3365 Phone: 772-226-1307 or successor Email: Ed.Cambeiro@dep.state.fl.us Email: kdaniels@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incornorated by reference - m Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Attachment 2: Special Terms and Conditions CEJ Attachment 3: Grant Work Plan m Attachment 4: Public Records Requirements W Attachment 5: Special Audit Requirements Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:Hfacts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): W Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 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. ABO10 Rev. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement; _ Federal Awarding Agency - Award genc :Award R&D? D Yes DN/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 Board of CounA- Commissioners GRANTEE Grantee Name" By Jason Brown, Cdep a/Administrator Print Name and Title of Person Signing State of Florida partment of Environmental Protection _ W_ DEPARTMENT_ ! _ By --- ioltajtg- Secretary or Designee Date Signed ) n a� V (-'rj h Print Name and Title of Person Signing D Additional signatures attached on separate page. DEP Agreement No. ABO10 Re-, 6!20,18 C65 -5 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 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 all 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 Cand 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 Terms 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. 5. Performance Measures. Attachment 1 1 of 11 Rev. 4/27/18 I55-0 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 2ofII Rev. 4/27/18 15511 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 Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds 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: www.myfloridacfo.com/aadir/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 Request. 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: www.mvfloridacfo.coiii/Division/AANendors/default.litm. 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. SalarL/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, 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. by eepies of irweiees 1_11_ , ».. ,.. b.. ....» and » .,.....v » a.v a» s) Attachment 1 3of11 Rev. 4/27/18 `J5_5 f. t funds te Depaftment within thii4y (30) days ef—ioen nefifieati fir- •, and, i, ifweiee and -a g in the fixed pfiee fer---Pmpesals, er. ether- similar • ii- 'at under- seefien p lied ...:}ti. the statut------ d. -- ..« F .fin«ni .• nr.}n arca r.....rwr»r .� a�w�. w. .v.lw.. �...�...... 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 (F 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 t S5 ,q 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 all 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 5of11 Rev. 4/27/18 155�1� e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agr, Bement. 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; i. 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: L Entry of an order for relief under Title 11 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 1 6of11 Rev. 4/27/18 1551 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 (1) 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. i t Attachment 1 7of11 Rev. 4/27/18 X 6 S -�Z, 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 of this 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 for a public entity crime 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 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 F 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 8of11 Rev. 4/27/18 X55 -t3 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 shall 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: http://dos.myflorida.com/library-archives/records-mana eg ment/2eneral-records-schedules/). 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 Requirements. 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.fl dfs.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 `55 d4 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative t 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. L 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 1 10 of 11 Rev. 4/27/18 155.6 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 be 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 1 11 of 11 Rev. 4/27/18 X55-(� STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. ABO10 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 Red Tide Management for and within Indian River County. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on October 18, 2018 and ends at the expiration 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 combination fixed fee/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 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 1 budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. N ❑ Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment N ❑ 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. Attachment 2 1 of 2 Rev. 5/3/2018 9. Insurance Requirements 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 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 cover all employees engaged in any work under the Agreement. 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 without the prior written consent of the Department's Grant Manager , The Grantee shall submit a eepy of the exeeuted subeontmet to the DepaFtment pr-ier- te submitting any inveiees fe subeentmeted war -k. 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 X55 16 ATTACHMENT 3 GRANT WORK PLAN PROJECT: Red Tide Management for and within Indian River County BACKGROUND: On August 13, 2018, Governor Rick Scott issued Emergency Order 18-221, which included funding to assist Charlotte, Collier, Hillsborough, Lee, Pinellas, Manatee and Sarasota counties following the presence of algal blooms in proximate waters. On October 4 and 8, 2018, Executive Orders 18-275 and 18-278 were issued amending EO 18-221 to include Broward, Martin, Miami -Dade, Palm Beach and St. Lucie counties impacted by naturally -occurring red tide. On October 17, 2018, Executive Order 18-282 was issued amending E0.18-221 to include Brevard and Indian River counties, and extending the order until December 16, 2018. This emergency order allows the Department of Environmental Protection to waive various restrictions and regulations to help alleviate the effects from the red tide algal blooms which are causing harm to Florida's environment and fragile ecosystems, including beaches and wildlife. DESCRIPTION: The Grantee will get a quote and draft a proposed contract with a vendor to provide red tide management services. These contracted services may include, but are not limited to, the containment, removal, cleanup, elimination, transportation, and disposal of biological debris associated with the red tide event. Tipping fees will be eligible for cost reimbursement as part of disposal. Red Tide Management Services Description: Containment, removal, cleanup, elimination, transportation, and disposal of biological debris associated with the red tide event in Indian River County. TASKS and DELIVERABLES: All documentation should be submitted electronically unless otherwise indicated. Task 1: Executed Contract for Biological Debris Removal Deliverables: The Grantee will contract with an appropriate biological debris removal vendor to collect and remove biological debris associated with the red tide in the Atlantic Ocean, coastal and interior waters of Indian River County. Documentation: The Grantee will submit a copy of the contract to be executed with the biological debris removal vendor and a summary of the procurement action, if any, that resulted in the proposed contract. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables are provided as described above. Upon review and written.acceptance by the Department's Grant Manager of the deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request upon completion of the deliverable. Task 2: Biological Debris Disposal Deliverables: The Grantee will dispose of biological debris associated with the red tide in the Atlantic Ocean, coastal and interior waters of Indian River County. DEP Agreement No. ABO 10, Attachment 3, Page 1 of 2 f55 -(q t t Documentation: The Grantee will submit a signed acceptance of the completed work by the Grantee. 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 by, and all documentation received by, the corresponding task end date. Task `.. - � �, ,.. _ , Red Tide g . _ Bud` et : et Bud` et ft Task Start , I .— Task End'. ' No._. Title, Location Cate o Amount Date Date 1 Executed Contract for Contractual $144,256 10/18/2018 12/16/2018 Biological Debris Removal Indian River Miscellaneous 2 Biological Debris Disposal County / Other $569 10/18/2018 12/16/2018 Expenses Total: 1 $144,825 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. ABO 10, Attachment 3, Page 2 of 2 � 55 20 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 119.07(1), 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 119.0701(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.servicesgfloridadep.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. ABO10, Attachment 4, Page 1 of 1 Rev. 4/27/2018 i 5521 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., 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 recipient agrees 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 Subpart C 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. ABO 10, Attachment 5, Page 1 of 5 Rev. 4/27/2018 165 2Z 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via theJ internet at www.cfda.eov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 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 1 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. In connection with the audit requirements addressed in Part H, paragraph 1; 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. 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 https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at littp:HNvww.lea.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http:/Avww.fldfs.com/ and the Auditor General's Website at hiip://www.myflorida.com/audgen/.' PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify 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 Copies of reporting packages for audits conducted in accordance with OMB 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. ABO 10, Attachment 5, Page 2 of 5 Rev. 4/27/2018 155 -23 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: FDEPSingleAudit@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 http://harvester.census.gov/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-133,' 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: FDEPSineleAudit(c>),dep.state. fl.us 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. ABO 10, Attachment 5, Page 3 of 5 Rev. 4/27/2018 I 55 Zai Electronically: ' FDEPSingleAudit@dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 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: FDEPSingleAudit n,dep.state.fl.us S. 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 for a 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. A13010, Attachment 5, Page 4 of 5 Rev. 4/27/2018 155 ?5 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 CFDA Number Federal Agency Number State Appropriation CFDA Title Funding Amount Catego State Appropriation Category CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Florida Executive Order 18- 221 as amended State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Florida Executive Order 18- 221 as amended 2018-2019 37.039 Statewide Surface Water Restoration and Wastewater Projects $144,825 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 Florida Executive Order 18- 221 as amended 2018-2019 37.039 Statewide Surface Water Restoration and Wastewater Projects $144,825 140891 Total Award $144,825 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) [haps://apps.fldfs.com/fsaa/searchCatalog.asyxl. 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. ABO 10, Attachment 5, Exhibit 1, Page 5 of 5 J 1 r n Rev. 4/272018 �r �, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS FOR HARMFUL ALGAL BLOOMS ATTACHMENT 6 1. TESTING: The Department will test the HAB levels of the treated waterbody at the end of the treatment. 2. FIXED PRICE TERMS: The Grantee shall be paid a fixed price upon receipt of the deliverables as outlined in the Grant Work Plan. Refund of Overpayment. The Grantee shall be responsible for all costs incurred above the amount of the Agreement, or Agreement as amended. However, if at the end of the Agreement, the required documentation shows that the funds spent by the Grantee were less than the full amount of the Agreement, or Agreement as amended, then the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under 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. Supplantation of Funds. In the event that the Grantee receives funds for this project, 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. Failure to Execute Contract. If after 30 days of executing this Agreement, the Grantee has not entered into a contract with the Grantee's vendor, then the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under 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. Addine Funds through an Amendment. If it appears that the quoted amount from the Grantee's vendor will not be sufficient to remediate the HAB, then the Grantee may request additional funds under this Agreement by submitting an Amendment prior to incurring any funds above the Agreement amount. The Grantee may also add new project locations and related funds to the Agreement through an Amendment. However, if the Grantee will be using a new vendor for the project, the Grantee must submit a new grant application to the Department so the proposed solution can be considered by the Department. End of Grant Documentation. A final payment request should be submitted to the Department no later than thirty (30) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment 3, Grant Work Plan, must be performed on or before the completion date of the Agreement, and the subsequent thirty -day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. Attachment 6 1 of 1 Rev. 4/23/2018 65-21 DEPARTMENT OF ENVIRONMENTAL PROTECTION Harmful Algal Bloom Daily Progress Report Form Exhibit A Provide an update in the format below for the work identified in the Grant Work Plan to cover activities planned per day. Add rows for multiple event sites per Lat/Lone. Please return via e-mail to DEP Grant Manager Ed Cambeiro (ed.cambeiro@floridadep.gov) and copy Kristyn McClure (lmstyn.mcclure@floridadep.gov), Office of Ecosystem Projects. This report should be submitted daily by 9:00 a.m. prior to the day's activities, if possible. Do not convert to PDF. Exhibit A, Page 1 of 1 a Was the algal bloom event previously reported to the Cumulative Amount DEP Agreement Reporting Date Grantee Name/County Grantee's Grant Manager DEP? Statewide algal bloom hotline Identify Type Recovered Date (Blue Location No. (855-305-3903) or website Green Algae in gallons / Algae (floridadep.gov/ dear/algal- Red Tide in pounds) bloom Blue -Or Yes or No Tae Latitude Longitude or red Tide Exhibit A, Page 1 of 1 a EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. Payment Request No. Request Date: Grantee: (Name & Mailing Address) Grantee's Grant Manager Task No(s). Task Amount(s) Requested: $ GRANT EXPENDITURES SUNIMARY 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. ABO 10, Exhibit C, Page 1 of 6 155-21 PREVIOUS TOTAL MATCHING TOTAL AMOUNT OF THIS PAYMENT CUMULATIVE FUNDS FOR THIS CUMULATIVE CATEGORY OF EXPENDITURE REQUEST REQUESTS PAYMENT REQUEST MATCHING FUNDS REQUESTS As authorized Salaries/Wages $ - $ - $ - $ - $ - Fringe Benefits $ - $ $ - $ - $ Indirect Cost $ $ - $ - $ $ - Contractual (Subcontractors) $ - $ $ - $ $ Travel $ - $ $ $ - $ Equipment (Direct Purchases) $ - $ - $ - $ - $ - Rental/Lease of Equipment $ - $ $ $ $ Miscellaneous/Other Expenses $ - $ $ - $ $ Land Acquisition $ - $ $ $ - $ TOTAL AMOUNT $ $ $ $ $ TOTAL BUDGET $ $ (ALL TASKS) LESS TOTAL CUMULATIVE PAYMENT $ REQUESTS OF: $ TOTAL REMAINING $ $ (ALL TASKS) 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. ABO 10, Exhibit C, Page 1 of 6 155-21 Grantee's Certification of Payment Request (Print name of Grantee's Grant Manager designated in the Agreement) (Print name of Grantee) DEP Agreement No. and Payment Request No. on behalf of do hereby certify for 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 or other 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. ABO 10, Exhibit C, Page 2 of 6 Telephone Number 155 -�() Engineer's Certification of Payment Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT 1, , 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. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. ABO 10, Exhibit C, Page 3 of 6 155-51 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM ( jEP AGREEMENT NO.: This is the number on your grant agreement. PAYMENT REQEUST NUMBER: Number of payment request REQUEST DATE: Date reqeust is submitted GRANTEE: Enter the name of the grantee's agency. MAILING 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 Work Plan). TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGETAMOUNT" 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 PAYMENT 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 -eimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot xceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the "TOTAL PAYMENTREQUEST" 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 all on the line titled "TOTAL PAYMENT 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. A130 10, Exhibit C, Page 4 of 6 155 -32- FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUEST FOR PAYMENT - PART II REIMBURSEMENT DETAIL Grantee Name: Payment Request No.: DEP Agreement No.:$ Vendor Name Invoice Invoice Amount Local Share or Other Task/Deliverable Number invoice Date (t) Funding or Amount Requested Amount (3) Check Number Number (4) Not Requested (2) $ - $ - $ - $ - Totals: $ DEP Agreement No. ABO 10, Exhibit C, Page 5 of 6 r55-�3 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. 1 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 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 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 o 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 1 Attachments: 1) 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. ABO 10, Exhibit C, Page 6 of 6 f 55 55 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners. DATE: October 17, 2018 SUBJECT: 4th Quarter (Preliminary) FY 2017/2018 Budget Report FROM: Kristin Daniels Acting Budget Manager, Office of Management & Budget Following is the staff report for the fourth quarter of fiscal year 2017/2018. Staff will make a presentation at the Board meeting. 156 Financial Indicators Snapshot - Sept 2018 -preliminary Report Revenues Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreation Revenues NCAC GAC Recreation IG Building Profit & Loss Building Dept. Golf Course Fleet SWDD Shooting Range Compared to Prior Year % Change Current Month % Change Year - -Date % Variance Year -to -Date - 12.8% 6.6% 1 F 11.2% oto -j F �, 5.1% �� 4.9% 4.3% 60.2% 6.2% 145.3% 0.1% 19.1% 3.1% 39.0% 20.5% 56.8% 4 23.7% 21.3% 22.4% 23.3% 54.8% LF 11.8% 1.1% 3.8% 38.9% -4.4% 11 47.7% 10.8% 523.9% 16.7% 30.6% 38.5% 96.1% -42.4% -21.3% -362.0% 803.0% -59.7% Nu_ -96.5% 68.5% 16.7% Compared to Budget Variance Current Month % Variance Year -to -Date - 12.8% 6.6% 1 F 11.3% 12.4% 4.0% �� 4.9% 53.8% 60.2% 104.4% 145.3% 18.7% 19.1% 48.9%8.5% 218.1% 4 23.7% 59.9% 22.4% 40.6% 54.8% LF Comments Represents collection Oct 2017 -Aug 2018.; Increase of $170,601 from prior year YTD. Through Aug 2018 collections -trend is positive -YTD figures have exceeded prior year by $990,203 Through Aug 2018 collections -trend is positive -YTD figures have exceeded prior year by $428,555 Varies by month, however, increase of 93,201 for month and $759,242 YTD compared to prior year. Varies by month, however, increase of $68,720 for month and increase of $506,014 YTD compared to prior year. Tourist Taxes have exceeded the budget by $449,156; year to date revenues are $295,456 more than last year. Overall Franchise Tax revenue of $9,720,683 vs $9,366,802 in prior year. YTD revenues are down $13,501 compared to prior year, but up $23,257 compared to budget. YTD revenues are up $6,657 compared to prior year, and up $13,094 compared to budget. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $326,666 in FY2017 vs. $433,508 in FY2018. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building YTD revenue of $326,666 in FY2017 vs. $433,508 in FY2018. Profit of $847,029 through 4th quarter vs $431,922 during the same period last year Total rounds are up 139 or 0.2% YTD. Net income of $504,968 vs $641,698 from last year Fleet YTD net income of $140,664 vs $15,576 from last year SWDD YTD net income of $25,679 vs $724,237 from last year Shooting Range YTD net income of ($186,589) vs ($224,108) from last year 157 FY 2017/2018 BUDGET RECONCILIATION October 1, 2017 to September 30, 2018 Budget Approved Budget as of October 1, 2017 General Fund/Purchase Order Rollover $ 328,340,393 Fund Item Description General Fund/SRA Rollover Budget Amendment Grants Received General Fund/CIE-Rollover 686,783 001 General Fund/FY17 CERT Grant 7,000 3 001 General Fund/Emergency Management Performance Grant 156,123 3+13 001 General Fund/EMPA Base Grant 37,389 3 001 General Fund/Hazardous Materials Grant 2,848 3 001. General Fund/Comm Transp. Grants 4,627,869 8+15 109 Secondary Roads/FDOT SCOP Grant 2,884,493 8+11 114 Emergency Services District/EMS County Awards Grant 24,659 3 136 HUD Grants/Rental Assistance 837,300 11 315 Optional Sales Tax/Osprey Acres Grant 2,434,286 3 315 Optional Sales Tax/IR Blvd Sidewalk Grant 62,116 9 315 Optional Sales Tax/LAP Grant 416,720 3 411 SWDD/School Recycling Program Grants 7,500 3 5 124 11,498,303 2,000 Projects Carried Forward from FY 2016/17 001 General Fund/Purchase Order Rollover 139,645 1 001 General Fund/SRA Rollover 953,716 9 001 General Fund/CIE-Rollover 686,783 5 004 MSTU Fund/CIE-Rollover 1,584,353 5 102 Traffic Impact Fees/CIE-Rollover 2,441,920 5 103 Impact Fees/CIE-Rollover 500,000 5 103 Impact Fees/Purchase Order Rollover 27,416 1 108 Section 8/TBRA Rollover 24,980 10 109 Secondary Roads/CIE-Rollover 7,834,989 5 111 Transportation Fund/CIE-Rollover 114,218 5 111 Transportation Fund/Purchase Order Rollover 332,419 1 114 Emergency Services District/Purchase Order Rollover 732,928 1 114 Emergency Services District/CIE-Rollover 1,184,022 5 120 911 Surcharge/CIE-Rollover 64,776 5 123 SHIP/CIE-Rollover 406,534 5 124 MPO/CIE-Rollover 2,000 5 127 Native Uplands/CIE-Rollover 100,000 5 128 Beach Restoration/CIE-Rollover 212 5 129 CDBG/CIE-Rollover 60,803 5 130 NS P3/CI E -Rol lover 68,214 5 133 Florida Boating Improvements/CIE-Rollover 100,000 5 134 Library Bequest/CIE-Rollover 87 5 136 Fed Grants/CIE-Rollover 112,359 5 140 Court Facility Surcharge/CIE-Rollover 124,000 5 145 Land Acquisition Bond/CIE-Rollover 45,000 5&8 181 Gifford Streetlighting/CIE-Rollover 25,000 5 315 Optional Sales Tax/Sporting Clays Course Rollover 24,836 9 315 Optional Sales Tax/CIE-Rollover 8,032,456 5&8 315 Optional Sales Tax/Purchase Order Rollover 1,303,790 1 411 SWDD/CIE-Rollover 75,000 5 411 SWDD/Purchase Order Rollover 34,307 1 441 Building Department/CIE-Rollover 45,196 5 441 Building Department/Purchase Order Rollover 123,549 1 471 Utilities/CIE-Rollover 260,262 5 471 Utilities/Purchase Order Rollover 423,095 1 502 Self Insurance/Purchase Order Rollover 12,415 1 505 Information Technology/CIE-Rollover 87,849 5 28,089,129 158 Fund Item Description Budget Amendment Dona tions/Contributions 001 General Fund/FP&L Donation 500 3 001 General Fund/Library Donations 27,565 12 004 MSTU/Recreation/Orchid Island 5K Donation 8,500 12 128 Beach Restoration/Reef Program Donation 3,000 12 001 General Fund/Parks/Other Capital Improvements/Fairgrounds 39,565 Unbudgeted Items 001 General Fund/Sebastian Corners Rent Revenue/Monthly Expenses 80,000 7 001 General Fund/Main Library/Operating Supplies/Annex Proceeds 224,517 8 001 General Fund/Hurricane Irma 89,700 8+12 001 General Fund/Parks/Other Capital Improvements/Fairgrounds 99,148 13 001 General Fund/Service Charges/Sex Offender Registration Fees 15,000 16 001 General Fund/Charges/Fairground Fees 30,000 16 004 MSTU Fund/Hurricane Irma 56,915 8+12 111 Transportation Fund/Road & Bridge/Drainage Crew Equipment 406,629 9 111 Transportation Fund/Captial 609,645 7+11+12 111 Transportation Fund/Hurricane Irma 111,954 8 112 Special Law Enforcement Trust Fund/Sheriffs Request 97,814 10 114 Emergency Services/Hurricane Irma 115,221 8 114 Emergency Services/EMS County Award Interest 3,658 8 119 Tourist Tax/Fishing Tournament 27,500 6 120 911 Surcharge Fund/EDP Equipment 319,430 3 121 Drug Abuse Fund/Indian River Problem Solving Court 25,000 8 126 Multi Jurisdiction Trust Fund/Sheriff/Law Enforcement 11,112 8 128 Beach Restoration Fund/Hurricane Irma Beach Profile Survey 55,000 3 133 FL Boating Improvement/Hurricane Mathew 31,909 12 141 Additional Court Costs/Transfer In 9,134 8 315 Optional Sales Tax/Jail Complex Improvements 263,655 10 315 Optional Sales Tax/EDP Equipment 108,036 11 315 Optional Sales Tax/Chiller Systems 300,000 9 315 Optional Sales Tax/Chambers AN System/PBX System 372,646 6+12 315 Optional Sales Tax/Hurricane Irma 131,040 8+11. 315 Optional Sales Tax/North Coutny Offices at Sebastian Corner 1,407,911 14 411 SWDD/Recycling at Governmental Buildings 53,016 6 411 SWDD/Loss on Assets 852,122 11 411 SWDD/Hurricane Irma 827,645 8 418 Golf Course/Hurricane Irma 3,525 8 441 Building Dept/Private Provider Inspectors 350,000 10 441 Building Dept/Hurricane Irma 3,241 8 471 Utilities/Overtime Increase 87,691 9 471 Utilities/Hurricane Irma 16,824 8 471 Utilities/Software-Hardware Integration 57,386 8 501 Fleet/Hurricane Irma 485 8 504 Employee Health/OPEB 9,000,000 9 504 Employee Health/Health Insurance/Pharmacy Claims 1,775,000 16 18,029,509 Total - All Amendments 57,656,506 Total Budget as of September 30, 2018 $ 385,996,899 159 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2017-2018 4th Qtr. Preliminary 001 -GENERAL FUND 004 MUNICIPAL SERVICE FUND Percentage of Difference from Account Description BUDGET YTD Revenues Annual Budget 100% Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 001031 Taxes $53,613,202 $54,288,351 101.3% $675,149 Most are paid by November to receive the 4% discount. Final revenue actual is 96.3% 001032 Permits & Fees $0 $660 N/A $660 Developer/Extension Modification Fees 001033 Intergovernmental $9,352,081 $8,557,197 91.5% ($794,885) Some SRA grants budgeted in FY 17/18 but will receive 004033 Intergovernmental $8,350,398 $8,893,664 106.5% $543,266 monies in 18/19 001034 Charges For Services $1,089,216 $1,303,187 119.6% $213,971 Prison revenue and fairground fees higher than 004035 Judgments, Fines & Forfeits $137,750 $130,481 94.7% ($7,269) anticipated 001035 Judgments, Fines & Forfeits $192,366 $176,398 91.7% ($15,967) Library fines down from budgeted amounts. 001036 Licenses $104,500 $137,915 132.0% $33,415 Animal Licenses exceeding projected revenue amounts. 001037 Interest $133,190 $337,049 253.1% $203,859 Interest income exceeding projected revenue amounts. Sebastian Corners rent now being received. FPL Grant 001038 Miscellaneous $4,686,209 $5,365,886 114.5% $679,677 received that was budgeted last fiscal year. Insurance Grand Total T $32,362,982 1 $29,896,458 92.4% ($2,466,524) Proceeds received Hurricane Mathew 001039 Other Sources $24,113,834 $18,060,480 74.9% ($6,053,354) 1 Cash forward reserves budgeted, but not actual Grand Total $93,284,597 $88,227,123 1 94.6% 1 ($5,057,474) 004 MUNICIPAL SERVICE FUND 160 Percentage of Difference from Account Description BUDGET YTD Revenues Annual Budget 100% Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 004031 Taxes $10,284,057 $10,481,080 101.9% $197,023 Most are paid by November to receive 4% discount. MSTU includes communications tax and business tax which makes this percentage higher than other funds. 004032 Permits And Fees $8,776,100 $8,989,493 102.4% $213,393 Franchise Fees higher than anticipated 004033 Intergovernmental $8,350,398 $8,893,664 106.5% $543,266 State Revenue Sharing exceeding projected revenues 004034 Charges For Services $1,112,219 $1,174,400 105.6% $62,181 Pool and recreation revenues higher than anticipated 004035 Judgments, Fines & Forfeits $137,750 $130,481 94.7% ($7,269) 004037 Interest $47,500 $172,939 364.1% $125,439 Interest income exceeding projected revenue amounts. Positive variance reflects payments received for 004038 Miscellaneous $14,390 $54,400 378.0% $40,010 additional staff to cover events at the IG Facility and Building Demolition Liens 004039 Other Sources $3,640,568 $0 0.0% ($3,640,568) Cash forward reserves budgeted, but not actual Grand Total T $32,362,982 1 $29,896,458 92.4% ($2,466,524) 160 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2017-2018 4th Qtr. Preliminary 111 TRANSPORTATION FUND Department Description BUDGET YTD Revenues Percentage of Annual Budget Difference from 100% Comments/ Notes 111032 Permits And Fees $213,750 $270,008 126.3% $56,258 Other permit revenue higher than anticipated. 111033 Intergovernmental $2,753,749 $3,033,209 110.1% $279,460 FEMA and other grants received but not budgeted 111034 Charges For Services $89,775 $106,894 119.1% $17,119 PRD Application revenue higher than expected 111037 Interest $30,400 $72,763 239.4% $42,363 Interest income exceeding projected revenue amounts. Paving assessments interest charged here until year end entry. 111038 Miscellaneous $353,101 $720,194 204.0% $367,093 Hurricane Matthew insurance proceeds received. 111039 Other Sources $13,722,851 1 $10,228,276 74.5% ($3,494,575) 1 Cash forward reserves budgeted, but not actual Grand Total $17,163,626 1 $14,431,344 1 84.1% 1 ($2,732,281) Fire Inspection Plans and ALS charges exceeding. 114 EMERGENCY SERVICES DISTRICT Grand Total - All Taxing funds $182,363,327 $169,888,212 93.2% ($12,475,115) 161 Percentage of Difference from Department Description BUDGET YTD Revenues Annual Budget 100% Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 114031 Taxes $30,033,653 $30,416,086 101.3% $382,433 Most are paid by November to receive the 4% discount. Final revenue actual is 96.3% 114033 Intergovernmental $69,784 $103,812 148.8% $34,028 Received EMS County Awards Grant that was budgeted last fiscal year. 114034 Charges For Services $5,659,451 $6,643,658 117.4% $984,207 Fire Inspection Plans and ALS charges exceeding. budgeted figures. 114035 Judgments, Fines & Forfeits $11,400 $7,300 64.0% ($4,100) False fire alarm revenue. 114037 Interest $28,500 $140,071 491.5% $111,571 Interest income exceeding projected revenue amounts. Other Miscellaneous Sales and Reimbursements below 114038 Miscellaneous $38,029 $22,360 58.8% ($15,670) budget. 114039 Other Sources $3,711,304 1 $0 0.0% ($3,711,304) Cash forward reserves budgeted, but not actual Grand Total $39,552,122 1 $37,333,286 1 94.4% 1 ($2,218,836) Grand Total - All Taxing funds $182,363,327 $169,888,212 93.2% ($12,475,115) 161 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2017-2018 4th Qtr. Preliminary 001- General Fund 162 Percentage of Department Description BUDGET YTD Expenses Annual Budget Difference Comments/ Notes 101 BCC Operations $1,060,669 $1,003,989 94.7% ($56,680) 102 County Attorney $1,385,284 $1,276,732 92.2% ($108,552) Legal Services budgeted & incurred but not yet expensed regarding All Aboard Florida. 103 Geographic Info Systems Dept. $74,030 $74,030 100.0% $0 GIS costs charged on a monthly basis. 106 General Health $934,500 $909,373 97.3% ($25,128) 107 Communications/Emergency Sac $578,541 $379,646 65.6% ($198,895) 800 MHZ Maintenance budgeted but not yet expended -including software 109 Main Library $2,500,328 $2,137,020 85.5% ($363,308) Office Furniture budgeted but not yet spent 110 Agencies $8,126,733 $5,423,158 66.7% ($2,703,575) Community Transportation Coordinator expenses reimbursed as expended. 111 Medicaid $1,077,218 $987,379 91.7% ($89,839) Lag time in reimbursement submittals. 112 North County Library $1,117,174 $1,028,709 92.1% ($88,465) PT Salaries/benefits and operating expenses lower than anticipated 113 Brackett Family Library $294,504 $281,117 95.5% ($13,387) 114 Value Adjustment Board $60,000 $46,464 77.4% ($13,536) Other Professional Services expenses lowerthan anticipated 118 Ind Riv Soil/Water Conserv $47,033 $46,159 98.1% ($874) 119 Law Library $88,424 $85,672 96.9% ($2,752) 128 Children's Services $1,607,965 $1,385,452 86.2% ($222,513) Funding based on reimbursement submittals. 137 Redevelopment Districts $190,947 $190,946 100.0% ($1) CRA payments are due in full in December. 199 Reserves $7,027,319 $5,192,580 73.9% ($1,834,739) Contingencies budgeted, but not expended. 201 County Administrator $476,148 $437,577 91.9% ($38,571) Actual expenses lower than anticipated 202 General Services $141,039 $138,350 98.1% ($2,689) 203 Human Resources $480,257 $465,177 96.9% ($15,080) 204 Planning and Development $6,000 $1,528 34.0% ($4,472) Pace/illegal dumping expenses not as high as requested 206 Veterans Services $278,831 $222,048 79.6%($56,783) Veteran's Services employee vacancy. Veteran's Council expenditures based on reimbursement. 208 Emergency Management $712,935 $558,933 78.4% ($154,002) Some grants budgeted but not yet expensed. Budgeted capital fairground expenses not yet 210 Parks $2,600,372 $2,185,796 84.1% ($414,576) incurred. Other actual expenses lower than anticipated 211 Human Services $298,466 $219,268 73.5% ($79,198) Actual expenses lower than budgeted 162 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2017-2018 4th Qtr. Preliminary 001- General Fund (continued) 163 Percentage of Department Description Budget YTD Expenses Annual Budget Difference Comments/ Notes 212 Agriculture Extension $166,053 $158,373 95.4% ($7,680) 216 Purchasing $179,335 $177,756 99.19 ($1,579) 220 Facilities Management $4,161,962 $3,280,385 78.89 ($881,577) Electric Expenses and Other Contractual Services lower than budgeted 229 Management & Budget $345,584 $330,550 95.6% ($15,034) 237 FPL Grant $142,572 $67,781 47.59 ($74,791) Vacant position filled in December 238 Emergency Mgmt. Base Grant $128,216 $124,234 96.9% ($3,982) 241 Computer Services $322,497 $322,497 100.0% $0 Computer Service costs charged on a monthly basis. 246 Risk Management $290,318 $283,218 97.69 ($7,100) 250 County Animal Control $587,405 $523,509 89.19 ($63,896) Position vacancy and lower than anticipatedfuel expenses. 251 Mailroom/Switchboard $373,146 $328,419 88.0% ($44,727) Copy charges to departments credited back to the mailroom 252 Environmental Control $7,033 $6,756 96.19 ($277) 283 Indian River Lagoon $35,000 $5,547 15.89 ($29,453) New department- Living Shoreline expense encumbered 300 Clerk Of Circuit Court $1,032,814 $1,033,203 100.09 $389 Commission charged on Ad Valorem collections, 400 Tax Collector $1,465,104 $3,562,144 243.19 $2,097,040 most collected by December. TC returns excess fees at year end. 500 Property Appraiser $2,980,890 $2,973,980 99.89 ($6,910) Workers comp for Sept not yet posted and postage expenses lower than anticipated 600 Sheriff $47,893,300 $47,643,098 99.59 ($250,202) Workers comp for Sept not yet posted. Utility costs lower than anticipated 700 Supervisor Of Elections $1,320,772 $1,320,503 100.09 ($269) 901 Circuit Court $179,659 $98,673 54.99 ($80,986) Expenditures based on reimbursement. 903 State Attorney $81,993 $80,208 97.89 ($1,785) Expenditures based on reimbursement. 904 Public Defender $3,537 $2,639 74.69 ($898) Expenditures based on reimbursement. 907 Medical Examiner 1 $422,690 $422,690 100.09 $0 Scheduled monthly draws Grand Total 1 $93,284,597 $87,423,268 93.7% ($5,861,329) 163 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2017-2018 4th Qtr. Preliminary 004 - M.S.T.U. Fund 164 Percentage of Department Description BUDGET YTD Expenses Annual Budget Difference Comments/ Notes $68,909 $1,130 1.6% ($67,779) Florida Municipal Power Agency (FMPA) legal 102 County Attorney expenses not expended. Carpeting project budgeted but not yet 104 North County Aquatic Center $892,030 $670,001 75.1% ($222,029) incurred. Heater/chiller repair encumbered but not yet expensed. 105 Gifford Aquatic Center $603,170 $387,712 64.3% ($215,458) Capital expenditures budgeted but not yet incurred. Multiple position vacancies. 108 Recreation $917,910 $875,036 95.3% ($42,874) 115 Intergenerational Facility $469,439 $425,893 90.7% ($43,546) Operating expenses lower than anticipated. 116 Ocean Rescue $890,366 $879,459 98.8% ($10,907) 161 Shooting Range Operations $644,280 $596,614 92.6% ($47,666) Pro Shop and Clay Target expenses under d e. 199 Reserves $24,198,016 $23,777,404 98.3% ($420,612) Contingencies budgeted, but not expended. 204 Planning And Development $247,426 $242,753 98.1% ($4,673) 205 County Planning $1,106,557 $1,071,069 96.8% ($35,488) 207 Environmental Plan Code Enforc / $514,518 $473,906 92.1% ($40,612) Other Professional Services expense lower than budgeted. 210 Parks $1,420,544 $258,285 18.2% ($1,162,259) 58th Avenue Ballfield Renovation and Jones Pie Improvements budgeted but not yet expended Costs to demolish structures condemned by 214 Roads And Bridges $104,745 $69,017 65.9% ($35,728) BCC vary and don't occur regularly throughout year. 234 Telecommunications $205,072 $178,626 87.1% ($26,446) New position not filled until December Commission charged on Ad Valorem collections, 400 Tax Collector $80,000 $186,316 232.9% $106,316 most collected by December. TC returns excess fees at year end. Grand Total $32,362,982 $30,093,222 93.0% ($2,269,760) 164 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2017-2018 4th Qtr. Preliminary 111- Transportation Fund 114 Emergency Services District Percentage of Department Description BUDGET YTD Expenses Annual Budget Difference Comments/ Notes 199 Reserves $1,629,750 $949,329 58.2% ($680,421) Contingencies budgeted, but not expended. 214 Roads And Bridges $9,066,671 $7,824,756 86.3% ($1,241,915) Employee turnover and capital equipment encumbered but not yet expensed 243 Public Works $335,914 $318,717 94.9% ($17,197) Maintenance expenses and Uniforms lower 244 County Engineering $2,448,995 $2,200,528 89.9% 1 ($248,467) Multiple position vacancies. 245 Traffic Engineering $2,764,463 $2,221,660 80.4%($542,803) ($542,803) Mu position vacancies and signal enhancements not completed this year. 281 Stormwater $917,833 $621,006 67.7% ($296,827) Other Professional and Other Contractual Other Uses $1,227,711 $1,023,820 83.4% ($203,891) Services lower than budgeted Grand Total $17,163,6261 $14,135,997 82.4% ($3,027,629) 114 Emergency Services District Grand Total - All Taxing Funds $182,363,327 $166,410,835 91.3% 1 ($15,952,492) 165 Percentage of Department Description BUDGET YTD Expenses Annual Budget Difference Comments/ Notes Salaries $19,497,085 $17,792,680 91.3% ($1,704,405) Employee turnover Benefits $9,604,233 $8,743,134 91.0%($861,099) Employee turnover and elected benefits contributing to the decrease. Operating $5,437,946 $4,719,734 86.8%($718'212) Maintenance expenses and Uniforms lower than anticipated. Capital Outlay $3,771,325 $2,465,158 65.4% ($1,306,167) Capital expenditures budgeted but not yet expended. Grants and Aids $13,822 $13,821 100.0% ($1) Other Uses $1,227,711 $1,023,820 83.4% ($203,891) Contingencies budgeted, but not expended. Grand Total $39,552,122 $34,758,347 87.9% ($4,793,775) Grand Total - All Taxing Funds $182,363,327 $166,410,835 91.3% 1 ($15,952,492) 165 Expense Analysis September 30, 2018 Preliminary >$25,000 or >10% Increase YTD Account Number YTD 2016/17 YTD 2017/18 Difference % Change Explanation 001 -102-514-033110-15023 $177,515 $481,415 $303,900 171.20% Legislative Advocacy matters related to AAF -Capitol Hill Meetings increased costs 001 -109-571-066410-18801 $0 $36,200 $36,200 N/A Purchases covered by Annex sale proceeds 001 -110-515-088151- $14,583 $50,000 $35,417 242.86% Annual contribution to Indian River Lagoon Council 001-110-515-088029- $0 $68,333 $68,333 N/A New local jobs grant 001-110-541-066490-54001 $156,613 $552,849 $396,236 253.00% SRA purchased 4 new busses 001-110-541-033190-54001 $0 $32,824 $32,824 N/A Public Transportation Procurement Technical Assistance Study 001 -128-569-088802- $130,000 $156,655 $26,655 20.50% Budget Increase of $26,655 001 -128-569-088791- $39,183 $67,357 $28,174 71.90% Budget increase of $35,000 001 -128-569-088241- $0 $47,141 $47,141 N/A New Children's Services award recipient 001 -128-569-088321- $0 $100,000 $100,000 N/A New Children's Services award recipient 001 -128-569-088427- $0 $27,500 $27,500 N/A New Children's Services award recipient 001-128-569-088428- $0 $27,500 $27,500 N/A New Children's Services award recipient 001-128-569-088581- $0 $38,553 $38,553 N/A New Children's Services award recipient 001-128-569-088582- $0 $37,782 $37,782 N/A New Children's Services award recipient 001 -128-569-088730- $0 $53,370 $53,370 N/A New Children's Services award recipient 001 -128-569-088793- $0 $26,300 $26,300 N/A New Children's Services award recipient 001-203-513-011120- $265,714 $316,745 $51,031 19.21% Additional employee 001 -208-525-011120- $279,348 $328,926 $49,577 17.75% Employee training caused overlap -vacation payout 001-210-572-033190- $84,190 $114,443 $30,253 35.93% Beach parks maintenance bid came in higher than last year 001-210-572-036750- $57,558 $100,704 $43,146 74.96% Fairgrounds roof coating and painting of expo building 001-220-519-034610- $67,109 $99,216 $32,107 47.84% Replacement garage door -painting of Commission Chambers 001-220-519-066390- $1,546 $74,041 $72,495 4689.66% Trailer mounted generator 001-220-519-033490-17026 $142 $34,086 $33,945 23989.14% Hurricane Irma expenses 001 -241-513-036992- $228,366 $322,497 $94,131 41.22% $94,131 increase in budget due to allocation of Computer Services 004-104-572-034690- $22,589 $63,551 $40,962 181.34% Waterslide repair 004-105-572-066490- $13,717 $52,765 $39,048 284.66% Geothermal Pool Heaters 004-105-572-034610-17026 $0 $28,204 $28,204 N/A Hurricane Irma expenses 004 -205-515-011120- $474,963 $558,494 $83,531 17.59% Two additional employees compared to last year 004-210-572-066510-18001 $0 $74,371 $74,371 N/A Capital project 004 -214-541-033490- $18,392 $68,960 $50,568 274.94% Increase in properties demolitioned 004 -234-537-011120- $66,318 $99,350 $33,031 49.81% Additional employee 004 -234-537-066420- $0 $27,492 $27,492 N/A New vehicle purchase 102 -151-541-066510-06004 $0 $66,525 $66,525 N/A Capital project 102 -151-541-066510-18016 $0 $53,085 $53,085 N/A Capital project 102 -151-541-066510-18019 $0 $128,302 $128,302 N/A Capital project 102 -152-541-066510-06011 $4,372 $43,240 $38,868 889.10% Capital project 102 -152-541-066120-07806 $0 $98,575 $98,575 N/A Capital project 102 -152-541-066120-16006 $0 $177,646 $177,646 N/A Capital project 102 -153-541-066510-17002 $0 $624,603 $624,603 N/A Capital project 103 -109-571-035250- $430 $29,410 $28,980 6740.33% Playaway tablets for children purchased with impact fees 103 -220-519-066110- -$4,950 $449,856 $454,806 -9188.01% Courthouse expansion land purchase 109 -214-541-053360- $1,566,731 $1,746,828 $180,097 11.50% Road resurfacing 166 Expense Analysis September 30, 2018 Preliminary >$25,000 or >10% Increase YTD Account Number YTD 2016/17 YTD 2017/18 Difference % Change Explanation 109 -214-541-053360-16023 $101,373 $272,114 $170,741 168.43% Road resurfacing 109 -214-541-066510-03023 $15,646 $80,121 $64,475 412.09% Capital project 109 -214-541-033490- $19,794 $128,611 $108,817 549.75% 43rd Ave bridge over South Relief Canal- right account? 109 -214-541-034460- $42,368 $456,018 $413,650 976.33% Increase in FEC payments 109-214-541-053360-16008 $11,741 $177,572 $165,831 1412.44% Road resurfacing 109 -214-541-066510-17012 $407 $139,889 $139,483 34283.52% Capital project 109 -214-541-053360-17028 $0 $141,730 $141,730 N/A Road resurfacing 111 -214-541-034650- $472,651 $524,669 $52,018 11.01% Increase in use of heavy equipment in addition to aging fleet 111 -214-541-035210- $298,137 $387,738 $89,601 30.05% Increase in fuel prices and use of equipment 111 -214-541-066420- $182,371 $323,230 $140,859 77.24% Drainage maintenance crew vehicles 111 -214-541-066490- $25,265 $348,784 $323,520 1280.53% Purchase of $200,000 Grader 111-214-541-066430- $0 $298,467 $298,467 N/A Purchase of $150,000 Dump Truck and replacement equipment 111 -244-541-011120- $1,265,617 $1,412,634 $147,017 11.62% 2 additional employees & large vacation payout 111 -244-541-036992- $72,354 $102,177 $29,823 41.22% Increase in Computer Services allocation 111 -245-541-012130- $166,415 $198,205 $31,789 19.10% Increase in Health Insurance allocation and employees with dependent coverage 111 -245-541-066490- $28,216 $78,365 $50,149 177.74% Traffic sign printer and accessories 111 -245-541-066420- $0 $32,292 $32,292 N/A New vehicle purchase 111 -281-538-011120- $224,753 $256,688 $31,935 14.21% Additional employee 114 -120-522-099070- $553,173 $609,362 $56,189 10.16% Increase in Tax Collector budget, excess fees returned at year end 114 -120-522-099060- $374,753 $414,458 $39,705 10.59% Increase in Property Appraiser's budget 114 -120-522-035210- $269,027 $314,323 $45,296 16.84% Rise in fuel prices and additional Fire Station 14 114 -120-522-036992- $141,316 $199,565 $58,249 41.22% Increase in Computer Services allocation 114 -120-522-035290- $65,374 $126,498 $61,124 93.50% $20,519 Fire Hose, $15,487 Tough Books purchase and additional Station 14 supplies 114 -120-522-066420- $1,070,841 $2,113,460 $1,042,619 97.36% Replacement vehicles and additional Station 14 engine 114 -120-522-066470- $43,100 $117,528 $74,428 172.69% Replacement tough books 114 -120-522-037310- $1,552 $37,406 $35,854 2310.59% EMS County Awards Grant -Active shooter training and laryngoscope 114 -120-522-066450- $0 $69,251 $69,251 N/A Replacement radios 119 -144-572-088751- $6,122 $86,923 $80,801 1319.84% Sebastian Chamber of Commerce expenses in separate account when compared to last year 119 -144-572-033490- $0 $27,500 $27,500 N/A Fishing Tournament sponsorship 120 -133-525-034690- $89,233 $193,286 $104,053 116.61% Upgrade to E911 system and text to 911 integration project 120 -133-525-066470- $36,797 $170,165 $133,368 362.44% Upgrade to E911 system and text to 911 integration project 123 -228-569-088070- $435,854 $708,526 $272,672 62.56% Several major rehabilitation jobs completed very close together 123 -228-569-088050- $105,000 $364,983 $259,983 247.60% Increase in Purchase Assistance Loans (SHIP) 123 -228-569-088040- $22,680 $82,433 $59,753 263.46% Increase in Impact Fee Loan assistance through Habitat applicants 124 -204-515-033490-08014 $1,413 $137,606 $136,193 9637.52% TDP Major Plan update required every 5 years 127 -210-537-033490- $7,302 $47,623 $40,321 552.19% Countywide Wildfire Protection Management Plan 128 -144-572-033190-15021 $27,411 $94,735 $67,324 245.61% Design and Permitting for Sector 5 Beach Renourishment 128 -144-572-033490-17026 $0 $47,741 $47,741 N/A Hurricane Irma expenses 128 -144-572-066420- $0 $25,997 $25,997 N/A New vehicle purchase 128 -144-572-066512-17001 $0 $61,921 $61,921 N/A Sector 7 Beach Renourishment 136 -163-564-088871-17806 $25,938 $81,294 $55,356 213.42% HUD Grant beginning in FY 2017/18 136 -163-564-088871-17808 $15,297 $76,047 $60,750 397.14% HUD Grant beginning in FY 2017/18 167 Expense Analysis September 30, 2018 Preliminary >$25,000 or>10% Increase YTD Account Number YTD 2016/17 YTD 2017/18 Difference % Change Explanation 136 -163-564-088871-17807 $40,576 $225,152 $184,576 454.89% HUD Grant beginning in FY 2017/18 136 -163-564-036730-17812 $0 $69,816 $69,816 N/A HUD Grant for FY 2017/18 only 136 -163-564-036730-17813 $0 $88,116 $88,116 N/A HUD Grant for FY 2017/18 only 136 -163-564-036730-18805 $0 $33,162 $33,162 N/A HUD Grant beginning in FY 2017/18 136 -163-564-036730-18807 $0 $37,863 $37,863 N/A HUD Grant beginning in FY 2017/18 136 -163-564-036730-18809 $0 $27,848 $27,848 N/A HUD Grant beginning in FY 2017/18 136 -163-564-036730-18812 $0 $36,082 $36,082 N/A HUD Grant beginning in FY 2017/18 136 -163-564-088871-17809 $0 $35,400 $35,400 N/A HUD Grant for FY 2017/18 only 136 -163-564-088871-17811 $0 $94,272 $94,272 N/A HUD Grant for FY 2017/18 only 142 -901-601-088400- $100,108 $133,566 $33,457 33.42% Timing discrepancy in reimbursement of Court Administrator's budget 142 -903-602-088380- $66,605 $104,368 $37,763 56.70% $55,722 increase in State Attorney's Court Technology Fund budget 315 -110-541-066510-54001 $0 $61,040 $61,040 N/A Capital project 315 -120-522-066510-15015 $502,052 $740,398 $238,347 47.47% Capital project 315 -120-522-066420- $0 $1,013,002 $1,013,002 N/A Capital project 315 -120-522-066450- $0 $75,479 $75,479 N/A Capital project 315 -208-525-066470- $0 $108,036 $108,036 N/A Capital project 315-210-572-066510-18005 $0 $33,714 $33,714 N/A Capital project 315 -214-541-066510-06041 $11,593 $87,005 $75,412 650.52% Capital project 315 -214-541-066510-16025 $341 $347,937 $347,596 102042.10% Capital project 315 -214-541-066120-06041 $0 $2,913,918 $2,913,918 N/A Capital project 315 -214-541-066120-16006 $0 $200,035 $200,035 N/A Capital project 315 -214-541-066510-17026 $0 $96,719 $96,719 N/A Capital project 315 -214-541-066510-18003 $0 $171,527 $171,527 N/A Capital project 315 -214-541-066510-18025 $0 $31,225 $31,225 N/A Capital project 315 -220-519-066510-16033 $69,817 $228,144 $158,327 226.77% Capital project 315 -220-519-066510-16030 $18,870 $429,969 $411,099 2178.59% Capital project 315 -220-519-066510-16028 $15,525 $372,839 $357,314 2301.54% Capital project 315 -220-519-066510-16003 $60,691 $1,657,730 $1,597,039 2631.43% Capital project 315 -220-519-066510-18020 $0 $153,929 $153,929 N/A Capital project 315 -220-519-066510-18021 $0 $105,140 $105,140 N/A Capital project 315 -220-519-066510-18030 $0 $160,901 $160,901 N/A Capital project 315 -241-513-066490- $0 $212,423 $212,423 N/A Capital project 315 -243-519-066340-15017 $0 $159,598 $159,598 N/A Capital project 315 -243-538-066510-16022 $56,278 $2,132,776 $2,076,498 3689.69% Capital project 315 -243-538-066510-16001 $321 $149,090 $148,769 46335.36% Capital project 315 -600-586-099140- $109,340 $170,000 $60,660 55.48% Capital project 411 -217-534-033490-17026 $0 $813,169 $813,169 N/A Hurricane Irma expenses 411 -217-534-036620- $0 $861,302 $861,302 N/A Book value loss on sale of MWI property 411-217-534-044780- $0 $200,000 $200,000 N/A Long Term Care expense for Landfill per Financial Assurance Report 411 -255-534-033489- $2,475,078 $2,725,193 $250,115 10.11% Timing discrepancy on payments to Republic Services 411-255-534-033190- $838,877 $1,069,339 $230,462 27.47% Higher than anticipated yard waste tonnages and increase in rate paid 411-255-534-034810- $52,319 $103,222 $50,903 97.29% Overall increase in advertising 168 Expense Analysis September 30, 2018 Preliminary >$25,000 or >10% Increase YTD Account Number YTD 2016/17 YTD 2017/18 Difference % Change Explanation 411 -255-534-033490-17026 $0 $125,043 $125,043 N/A Hurricane Irma expenses 418 -221-572-035340- $79,657 $116,040 $36,383 45.68% Bunker repair expense $17,776 -Pepper tree removal $10,050 418 -221-572-036610- $95,843 $151,544 $55,700 58.12% Increase due to Irrigation System being depreciated 441 -233-524-033190- $520,251 $678,772 $158,521 30.47% Increase in supplemental inspector services 441 -233-524-033490- $0 $119,435 $119,435 N/A Microfilm conversion project 471-218-536-035230- $235,836 $294,975 $59,139 25.08% Use of new chemical MicroC in effort to reduce nitrogen and phosphorous 471-219-536-033490-17026 $0 $116,390 $116,390 N/A Hurricane Irma expenses 471-235-536-036992- $179,945 $231,557 $51,612 28.68% Increase in budget due to allocation of Computer Services expenses 471-235-536-036991- $158,022 $237,514 $79,492 50.30% Increase in budget due to allocation of GIS expenses 471 -235-536-033190- $47,140 $482,559 $435,420 923.68% Utilities Asset Management and Rate Study 471 -235-536-044699-16517 $0 $56,981 $56,981 N/A Utilities R&R projects 471 -235-536-044699-17516 $0 $86,924 $86,924 N/A Utilities R&R projects 471 -235-536-044699-17524 $0 $144,158 $144,158 N/A Utilities R&R projects 471-235-536-044699-17529 $0 $45,009 $45,009 N/A Utilities R&R projects 471 -235-536-044699-17537 $0 $262,361 $262,361 N/A Utilities R&R projects 471 -235-536-044699-18502 $0 $27,506 $27,506 N/A Utilities R&R projects 471 -235-536-044699-18510 $0 $27,729 $27,729 N/A Utilities R&R projects 471 -235-536-044699-18516 $0 $115,515 $115,515 N/A Utilities R&R projects 471 -235-536-044699-18524 $0 $25,875 $25,875 N/A Utilities R&R projects 471 -235-536-044699-18530 $0 $532,074 $532,074 N/A Utilities R&R projects 471 -265-536-012130- $192,093 $224,198 $32,105 16.71% 3 additional employees receiving health insurance coupled with rising rates 471-268-536-044320- $295,215 $333,408 $38,193 12.94% Electric expenses higher each month - COVB Electric 471 -269-536-034650- $76,814 $103,362 $26,548 34.56% Large repairs including track assembly replacement and engine block repair 471-269-536-033190- $72,631 $117,657 $45,026 61.99% Increase in directional boring and $11,997 testing of backflow valves 471-269-536-035310- $62,915 $113,104 $50,189 79.77% Concerns from PW resulted in use of FDOT standards for patching in roadways 471-292-536-033190- $0 $107,363 $107,363 N/A Department established this fiscal year 471-292-536-034310- $0 $26,053 $26,053 N/A Department established this fiscal year 471-292-536-036610- $0 $82,919 $82,919 N/A Department established this fiscal year 501 -242-591-035530- $1,524,229 $1,756,287 $232,058 15.22% Rise in fuel prices 501 -242-591-035550- $90,635 $121,431 $30,796 33.98% 4 graders and 1 loader required new sets of tires 501-242-591-033490- $99,921 $138,169 $38,248 38.28% 3 pieces of heavy equipment required costly repairs 502 -246-519-012140- $741,995 $897,638 $155,643 20.98% Increase in Worker's Compensation claims/settlements 502 -246-519-033110- $97,470 $162,122 $64,652 66.33% Increase in legal expenses - Worker's Comp claims fluctuate 502 -600-521-012140- $274,588 $688,695 $414,106 150.81% Increase in Worker's Compensation claims/settlements 504 -127-519-033190- $4,283 $111,150 $106,867 2495.28% Difference in how Lockton is being paid when compared to Gehring Group 504 -127-519-012160- $1,241 $8,515,077 $8,513,836 686046.41% GASB 75 OPEB $9,000,000 entry 504 -127-519-034586- $0 $2,158,486 $2,158,486 N/A Pharmacy claims account established in the current fiscal year 169 ATTORNEY'S MATTERS: 10/23/18 TIME CERTAIN: 10:30 a.m. Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney u i lacel"091111llrl TO: The Board of County Commissioners. FROM: Dylan Reingold — County Attorney DATE: October 16, 2018 ATTORNEY SUBJECT: 10:30 a.m. Attorney -Client Session: Martin County, et al. vs. U.S. Department of Transportation, et al. (Case No.: 1:18-cv-00333-CRC) I request advice from the County Commission regarding settlement negotiations and strategy relating to litigation expenditures with regard to the case styled Martin County, et al. vs. U.S. Department of Transportation, et al., pending in the. United. States District Court for the District of Columbia (Case No.: 1: 1 8-cv-00333-CRC). Prior to going into private session, Florida Statute 286.011(8) requires the Chairman to read the following statement: "This is the commencement of the attorney-client session. The estimated time of the closed attorney-client session is 90 minutes. Present at the meeting will be Commissioners Bob Solari (Vice Chairman), Susan Adams, Joseph E. Flescher, Tim Zorc, and me, Peter D. O'Bryan (Chairman). Also present will be County Attorney Dylan Reingold, County Administrator .Jason E. Brown, and a certified court reporter. At the conclusion of the closed attorney- client session this public meeting will be reopened." After the attorney-client session the Chairman is required by statute to state the following: "The public meeting is hereby reopened, and the attorney-client session is now terminated." nhm 170 :;, Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2142877 Attorney Client Session AAF Pub Dates October 20, 2018 Sworn to and subscribed before me this day of, October 22, 2018, by who is Natalie Zoll r (X) personally known to me or ( ) who has produced as identification. Karol Kangas Notary Public tw KAROLEKANGAS f No"Ribk-SWeofRarlda :• CommissbntGG126041 ma i AlyCommEVIres.109,2021 Bmdrethatiph NauxwKdayAan PUBLIC NOTICE The Board of County Com- missioners of Indian River County, Florida provides notice of an attorney-client session regarding the follow- ing pending litigation: Martin County et al. vs. U.S. Depart- ment of Transportation et al., pending in -the United States District Court for the Dis- trict of Columbia, Case No. 1:18-cv-00333(CRC), at 10:30 a.m. on Tuesday, October 23, 2018. The subject matter of the meeting will l be settlement negotiations and/or strategy relating to litigation expenses. The session will commence at an open meeting in the County. Co.mmission . Cham- bers located on the first floor of Building A of the County Administration Complex, 1801 27th Street, Vero Beach, Flor- ida, will continue at a closed meeting in the County Com- missioners' Conference Room located onthe second floor of : Building A of the County. Administration Com- plex and will terminate at an open meeting in the County Commission Chambers. The estimated time of the attor- ney-client .session is ninety (90) minutes. Present at the meeting will be.Commission- ers Peter D. O'Bryan (Chair- man), .Bob Solari (Vice Chair- man), Susan Adams, Joseph E. Flescher, and. Tim Zorc. Also present will be County Attor- ney Dylan Reingold; County Administrator Jason E. Brown; and a certified court reporter. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PETER D. O'BRYAN, CHAIRMAN Pub October 20th 2018 TCN 1,10 Z, Dylan Reingold, County attorney NV1ilham K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 1646 County Attorney's Matters - .B. C. C: 10. 23.18 O ZCe of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners �Q FROM: Kate Pingolt Cotner, Assistant County Attmey DATE: October 17, 2018 ATTORNEY SUBJECT: A Resolution Authorizing Participation in a Joint Meeting On Monday, November 26, 2018, With The Board of County Commissioners for St. Lucie County and The Board of County Commissioners for Martin County to Discuss Joint Legislative Priorities. BACKGROUND: The Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County have expressed a desire to hold a joint board meeting with the Board of County Commissioners of Indian River County ("Board") to discuss joint legislative priorities in anticipation of the State of Florida's 2019 legislative session. The chosen date for the referenced meeting is Monday, November 26, 2018. In accordance with Section 125.00:1, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all three referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to Section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. FUNDING: There is no funding associated with this item. RECOMMENDATION: The County Attorney's Office recommends that the Board adopt the attached resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss joint legislative priorities in anticipation of the State of Florida's 2019 legislative session. Attached: Proposed Resolution 171 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE .IN A JOINT MEETING WITH THE ST. LUCIE ' COUNTY COMMISSION AND MARTIN COUNTY COMMISSION• TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss legislative priorities that we share prior to the State of Florida's 2019 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings :may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners and Martin County Commissioners on November 26, 2018, which will be properly noticed within the jurisdiction of all participating counties. Section 3. Notice of this meeting shall be duly advertised and official minutes shall be taken. Section 4. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was.as follows: 172 RESOLUTION NO. 2018 - Chairman Peter D. O'Bryan Vice -Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman. thereupon declared the resolution duly passed and adopted this day of 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Mot Deputy Clerk Approved as to form and legal sufficiency: By. 'k— Kati Pingolt Cotner Assistant County Attorney 173 'October23, 2018 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE:. October 5, 2018 SUBJECT: Additional items for .consideration prior to acting on Utility water and wastewater rate study FROM: Peter O'Bryan Commissioner, District 4 Commissioners: Having given additional thought to the presentation on the rate study, several items have come to mind that the Board may want to. consider prior to voting on the rate study. 1 Surface water supply. Over one year ago the Board considered possible locations for a surface water supply project but ultimately rejected the option, primarily because of the cost. However that doesn't mean the water supply problem has gone away, we have just kicked that can down the road. So should our utility rates include some amount to start collecting now that will be dedicated to a surface water supply project sometime in the future? 2) Pressurized reuse system. At some time we will reach the point where the supply of reuse water exceeds what the golf courses can accept and we will need to find new outlets for reuse water. As new subdivision are developed should they be required to plumb for reuse? Pressurizing the reuse system is also expensive so again, should our rates reflect some amount being set aside for future projects to pressurize reuse? 3j At the October 2nd meeting Bob Adair made a request to look at alternate uses for reuse water. One such option would be to look at using reuse to water citrus. If this proves to be possible then reuse water could supplant groundwater for irrigation leaving more groundwater supply for potable use. Should the Board consider exploring any grant opportunities to provide reuse water for experimental purposes on citrus? Thanks. 174 Florida's Water Challenge Joint Meeting of the Treasure Coast and South Florida Regional Planning Councils By Frank Bernardino Florida Water Advocates 175 Florida Faces A Daunting Challenge • $16.5 Billion over next 20 years in drinking water infrastructure improvements. (EPA Drinking Water Infrastructure Needs Survey and Assessment - Fifth Report to Congress Sept. 2015 & ASCE 2017) • $18.4 Billion in wastewater infrastructure by 2020. (ASCE: 2017) • $2.8 billion dollars are needed by 2025 for capital improvements and long term maintenance programs to support flood control. (Florida Stormwater Association, 2014 Stormwater Utilities Survey) • $50.5 to $149.8 million per year for Numeric Nutrient Criteria Rule compliance. (FSA & FSU CEFA: 2/2012) 176 z t r x _5IF ..,,- Florida Faces A Daunting Challenge • $16.5 Billion over next 20 years in drinking water infrastructure improvements. (EPA Drinking Water Infrastructure Needs Survey and Assessment - Fifth Report to Congress Sept. 2015 & ASCE 2017) • $18.4 Billion in wastewater infrastructure by 2020. (ASCE: 2017) • $2.8 billion dollars are needed by 2025 for capital improvements and long term maintenance programs to support flood control. (Florida Stormwater Association, 2014 Stormwater Utilities Survey) • $50.5 to $149.8 million per year for Numeric Nutrient Criteria Rule compliance. (FSA & FSU CEFA: 2/2012) 176 z EDR Report Water Supply Projections • Water supply demand expected to increase by 17% or 1,108.7 MGD by 2035. • 1 in 10 yr drought increases the projected domestic water use projection by 7% and agricultural water demand by 44%. • In 201565% of the states water supply demand was provided from groundwater. • AWS will be needed satisfy future demand.... Report provides no cost estimates to meet demand. 177 zs • In FY 2006/07 the total State budget was $73.6 Billion, the State spent $515 million on water programs almost 7 tenths of 1% of the total state budget. • In FY 2018%19 the total State budget will be $88.7 Billion, the State spending on water programs will be $485 million equal to just over 5 tenths of 1 • So the total budget has increased by $15.1 Billion, and the State spent 30 million lesson water programs. 178 15 12 10 m E 2 Challenge Requires Recurring Funding Support (Billions) 2005 2006 2007 2008 2009 2010 20112012 2013 2014 2015 2016 2017 2018 0 Water Funding (State Dollars) o Transportation WP 179 16 r EDRF,' ti - Annual Assessment offloridn's Water Resources and Conservation Lands 2018 Edition 2016: SB 552 403.928 Assessment of water resources and conservation lands. The Office of Economic and Demographic Research shall conduct an annual assessment of Florida's water resources and conservation lands. 180 Annual Assessment of Florida's Water Resources and Conservation Lands 2075 Edition "Based on the projected revenues from sources historically allocated to water resources, the recent levels of increases cannot be sustained into the future without supp ementation....." 181 gg Annual Assessment of Florida's Water Resources and Conservation Lands 2075 Edition "Based on the projected revenues from sources historically allocated to water resources, the recent levels of increases cannot be sustained into the future without supp ementation....." 181 /6"3,3 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: October 12, 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: Solid Waste Disposal District Quarterly Recycling Update Fiscal Year 2017/2018 —4 1h Quarter 4th QUARTER UPDATE For the fourth quarter of Fiscal Year (FY) 2017/18, the average monthly recycling tonnages continue to be higher than the previous two years of single -stream recycling. Overall, the total recycling tonnages for FY17/18 reached 21,701 tons, which is 7% higher than the overall recycling tonnages for FY16/17 and exceeds SWDD's internal goal of 20,000 tons. Month FY 2015/16 FY 2016/17 FY 2017/18 July 1,522 1,377 1,797 August 1,409 1,878 1,597 September 1,399 1,208 1,528 Average Monthly Tonnage 1,444 1,488 1,641 25,000 Z M A 20,000 v. DC ho 15,000 C .O 10,000 3 0 4— O 5,000 H C � F 0 16-17 Total @BCL@300DAD10.docx 17-18 Total 17-18 Goal 182 - Page 1- GENERAL UPDATES ON THE RECYCLING MARKETS As we strive towards the statewide goal of 75% by 2020, Indian River County has reached a recycling rate of 64%, which brings Indian River County (IRC) within the top 10 for overall recycling rates and within the top 4 if only traditional recycling is considered. China is by far the largest importer of recycling commodities in the world so their recent decision to severely limit the amount of material accepted into their country has raised challenges across the recycling industry. Tropical Recycling, the sorting facility for Indian River County, responded by investing in their infrastructure before the changes in China went into effect. Over the last few months, residue rates at Tropical Recycling's facility has increased from 8-10% to 12-15%. According to Tropical Recycling staff, contamination rates within the recycling stream has stayed relatively constant, so the increase in the overall waste residue is attributed to more efficient machinery and an increase in the amount of removal of waste residue during the sorting process. So far, the only changes to the recycling program is that plastic caps can now be left on plastic bottles and cartons and recycled in the curbside program as long as the cap is securely fastened to the container. Loose caps are still not accepted in the curbside program and should be discarded in the trash. SUMMARY OF NEW PROGRAMS AND INITIATIVES IN FY 17/18: SWDD staff launched several new programs and initiatives in Fiscal Year 17/18 to improve recycling services in Indian River County. Postcard mailers were sent to every residential home in the county to provide general information and invite residents to provide feedback on the recycling and garbage programs via an online survey. In an effort to lead by example and show the County's dedication to recycling, recycling containers were placed throughout the lobbies, outdoor areas, breakrooms, and workspaces in the Administration Complex buildings. Working with Waste Management, recycling carts were also provided at the eight County beach parks where they are picked up weekly. For the first time, the County also provided a Tire Amnesty day where up to 10 tires per vehicle were accepted at the Main Landfill and the Customer Convenience Centers for one day only. SWDD staff worked closely with the School District to launch a robust recycling pilot program at four schools, which was considered a great success and the program is being expanded to ten more schools in January 2019. The recycling program will be brought to the remaining schools the following year in January 2020. For the first time, the County invited 4th and 5th grade students to participate in a "Drop Savers" poster contest, which is an annual poster competition hosted by the Florida Section of the American Water Works Association, to encourage teachers and students the importance of water conservation. PLANS AND GOALS FOR FY 18/19: SWDD staff plans to continue hosting seasonal recycling collection events, providing general recycling information through radio, print and video advertising. SWDD does have a few online recycling advertisements, but staff would like to expand our online.presence and investigate the use of various social media avenues. SWDD has established three goals for FY 18/19. The first is to successfully encourage five multi -family communities to utilize the recycling pick-up services they are paying for through their Solid Waste Assessment fees. Discussions with multi -family communities to date have been on an opportunistic basis. We would like to be more proactive in reaching out to property managers to discuss and address perceived and/or existent obstacles. The second goal is to successfully encourage five commercial entities to sign up for recycling that previously did not have recycling. Similar to the multi -family, discussions with commercial entities have been on an opportunistic basis and SWDD staff would like to take a more proactive approach to really understand and address the challenges that commercial entities face. @BCL@300DAD10.docx Page 2 - Finally, the third goal for FY 18/19 is to increase SWDD's overall outbound recycling tonnage to 22,800 tons, which would be a 5% increase from last fiscal year's overall total. SWDD staff feels that with the above efforts outlined in the first two goals, and the expansion of the recycling program at the schools, we should be able to increase the outbound recycling by 5% in the public sector. GENERAL RECYCLING INFORMATION Tangiers such as plastic bags, hoses, chains, and clothing are the biggest contamination issues at Tropical Recycling. Plastic shopping bags can be dropped off in collection bins near the entrance of various stores, but many people do not realize that various other kinds of plastic films are also accepted in these collection bins. Many local stores will also accept bread bags, newspaper bags, plastic packaging wrap and case wraps. An organization called Plastic Film Recycling has developed educational program called the Wrap Recycling Action Program (W.R.A.P), where they provide educational information and materials to explain various plastic films that are acceptable in these recycling bins. SWDD staff printed several of these cards to help bring awareness that these plastic films should be brought to store locations and NOT placed in the curbside cart. Recently, SWDD staff created a brief question and answer report that addresses some specific questions about Tropical Recycling, the W.R.A.P. program, specific goals for SWDD for FY 2018/2019, and some practical solutions to bring Indian River County closer to the 75% recycling goal. For the Board's reference, this brief report has been added as an attachment. ATTACHMENTS 1. General Information about Recycling in Indian River County 184 @BCL@300DAD10.docx Page - 3 - General Information about Recycling in Indian River County Single Stream Recycling — Questions directed for Tropical Recycling Is the cardboard soiled by the tape, wrapping labels, packing slips etc.? No- Tape/labels etc. on cardboard packaging are not a major concern for the sorting facility in terms of marketability because the buyers can effectively separate the plastic from the cardboard during processing. In general, the cardboard is crushed/saturated into a "slurry" before it is reformed into something new. The tape and other plastic materials float to the top of the slurry mixture and can essentially be skimmed off the top. Can the plastic caps that come on cartons be recycled with the carton? Yes —According to Tropical Recycling, leaving the cap on the carton has not created problems with marketability, and it offers the best chance for the cap to be recycled. After the cartons are sold, the buyer would have a way to remove the caps during processing and either reuse or resell them. Note: Originally, residents were required to remove plastic caps from plastic bottles/jugs and discard the caps in the trash. Recently, Tropical Recycling has announced that their buyers are able to recycle the caps as long as the caps are securely attached to the bottle. What are the "worst offenders" at the sorting facility? Where can we focus our educational messaging to have the most impact on contamination issues? Top 3 worst contamination offenders: plastic films/bags, pressurized tanks (helium, propane etc.), and clothing Additional problem items: hoses and heavy scrap metals (particularly bulk anchors, chain) Plastic Film — Questions directed towards the Wrap Recycling Action Program (W.R.A.P) What is the definitive line as to what can be accepted and what cannot be accepted in the privately supported W.R.A.P program? Unfortunately, there is not really a definitive line. There are several different plastic film recycling companies that a private business may utilize for their store, and each company may have slight variations in what they accept. As a specific example, I spoke with the Recycling and Solid Waste Department at Publix to verify what they accepted. They said anything that is clean, dry, and translucent, with the exception of bubble wrap. The rep explained that Publix excluded bubble wrap from their program as.a safety precaution for their staff since the loud popping sounds during processing could potentially trigger PTSD symptoms. The main basic guideline that is pretty standard for participating stores is that clean, dry, translucent plastic films are acceptable. Acceptable items include things like plastic shopping bags, dry cleaner bags, empty bread bags, dry clean produce bags, and wraps around paper towels, napkins, and toilet paper. 185 Candy/food wrappers, chip bags, six-pack rings and degradable bags are made out of a different kind of plastic and are NOT accepted. Food wrappers/chip bags etc. are also most likely contaminated with food residue and are not:acceptable. Is envelope wrap accepted? If it is clean, dry, translucent plastic film that does not contain bubble wrap then yes, it would likely be acceptable. The paper envelopes with the bubble wrap lining on the interior would NOT be acceptable for two -reasons: 1) the collection bins are for plastic film only so the paper exterior would be considered contamination, and 2) for a store like Publix, the bubble wrap is not accepted for the safety of their personnel. SWDDs Specific Goals for Fiscal Year 2018/2019 In addition to our regular campaigns, we have established three goals:for fiscal year 2018/19 to help increase our educational outreach and bring in more recycling through the SWDD facility. Goal # 1: Successfully encourage 5 multi -family communities to utilize recycling pickup services that previously did not have recycling services. o Discussions with multi -family communities to date have been on an opportunistic basis (resident or property manager has reached out to us). o Fiscal. Year 2018/19 we would like to have a program in place where we proactively visit various multi -family communities to provide information, posters, handouts, offer presentations and practical solutions to specific concerns within that community. Goal # 2: Successfully encourage 5 commercial entities to sign up for recycling that previously did not have recycling available to theiremployees and customers. o Discussions with commercial entities to date have been on an opportunistic basis. As with the multi -family communities, it is SWDD's goal to have a more robust program in place in fiscal year 2018/19 to proactively engage with commercial entities and offer educational materials and advice on how to overcome obstacles when establishing a recycling program.. o There are not only commercial businesses, but also various churches, private schools, and organizations that we may be able to encourage to initiate recycling programs. o Note: In fiscal year 2017/18, we brought a robust Recycling Pilot Program to four public schools, which doubled the amount of recycling being collected at those sites. The SWDD Board and the School District have agreed to cost share the expansion of the pilot program to the remaining district schools (16 more schools). This falls within the 2018/1.9 year, but our goal of 5 more locations would be in addition to this school expansion project. 186 • Goal # 3: Increase SWDD's outbound recycling material by 5% o When IRC switched to single -stream recycling at the beginning of fiscal year 2015/16, SWDD saw a 51.5% increase in the outbound recycling tonnages,from the previous year under the dual -stream program. Recycling tonnages continued to increase each fiscal year with an 8.5% increase in 2016/17 and about a 5% increase anticipated for fiscal year 2017/18. o With the above efforts outlined in Goal land 2 and the rising number of residential homes that are being constructed in IRC (currently a rate of 100 new homes added per month), we are hoping to not only maintain the recycling tonnages collected in fiscal year 2017/18, but actually increase it by an additional 5%. Summary — What practical solutions can we brine to Indian River County to brine IRC closer to the state's 75% recycling goal? First, it will be important to combat: contamination issues by continual education and outreach. We have several general recycling advertisements and flyers available, some of which do cite the hazards of plastic films, hoses and heavy metal objects that could damage the machinery. We can add information about how to properly dispose of clothing and pressurized tanks, and why they should never go into the recycling carts. SWDD is also working on an informational video that shows how the sorting process works and takes audiences through the step-by-step process at Tropical Recycling. Second, we need to establish a more robust campaign that focuses on addressing perceived and existent obstacles for multi -family and commercial entities. The single stream transition brought a lot of single- family homes on board that drastically increased the single -stream recycling shipped to Tropical Recycling (over a 50% increase from the preceding year using dual -stream). There is definitely an opportunity for growth in our recycling outreach to multi -family and commercial entities. There are several more challenges and obstacles to overcome, but with hands-on practical advice, solutions and incentives, I believe we can get more of these larger entities onboard. Commercial entities that produce a lot of cardboard waste would be good targets for recycling outreach since cardboard takes up a lot of space and diverting it from the garbage dumpster would likely allow the business to alter either the container size or frequency of their garbage service. Since recycling services are generally less expensive than garbage service, this "right -sizing" of their garbage service may allow them to add recycling services while minimizing changes to their disposal budget costs. Restaurants and bars may also be good targets for recycling service as the recycling goal is based on weight, and many of them may have a fair amount of heavy glass in their waste stream. Finally, the biggest direct impact on the County's overall recycling rate over the last few years has been finding and tracking Construction and Demolition (C & D) material from the private sector that was previously not being reported to the state. Currently, the state and county recycling rates are being calculated based on weight, and C & D material is by far the heaviest product in the waste stream. SWDD will continue investigating unreported C & D material in the private sector; however, there is a large opportunity to directly increase our recycling rate by addressing the. C & D material coming into the public sector, which is currently not being recycled. Specifically, clean concrete is actively being separated and stockpiled but as it is not being processed or reused, it does not count towards IRC's recycling rate. If we could find a way to recycle even just the concrete, we would likely raise our County's recycling rate by a few percentage points. 187 10/23/2018 15.6.3. Recycling Update for 4t" Quarter: Single -Stream Recycling in FY 17/18 Solid Waste Disposal District Stephanie Fonvielle Recycling Education and Marketing Coordinator October 23, 2018 Recycling Tonnages for the 4t" Quarter �� L - %M -Mm July__) _1;522 1,377 1,797 - -- - - —. _ I— August 1,409 --� 1,878 _ 1,597 September_l�1,399 1,208 1,528 Average ' 1,444 1 1,488 ;! 1,641 i§ 10/23/2018 15.13.3. Recycling Markets and Recycling Rates • China tightened their standards on imported recycling commodities, which has had a major impact on the demand • Tropical Recycling invested in their infrastructure before the changes in China went into effect • More efficient machinery = cleaner end product • As a result waste residue rate increased from 8-10% to 12-15% (this increase is not due to a sudden increase in contamination at the curb) • IRC's recycling rate for CY 2017 is up to 64% V " 2 Cumulative for Recycling Tonnage FY 17/18 LA 25,000 21,701 i 10/23/2018 New Recycling Containers at County Administration Buildings Being a Leader in Recycling School Recycling Initiative. • Recycling Pilot Program was launched at 4 schools in January 2018 • On September 11, 2018 the Board approved a cost sharing agreement with the School District expand the pilot program to the remaining schools • First wave of expansion will start January 2019 Elementary Middle School High School Fellsmere Elementary Gifford Middle Vero Beach High Sebastian Elementary Oslo Middle Sebastian River High Treasure Coast Elementary Sebastian Middle Liberty Magnet Vero Beach Elementary • Second wave will start in January 2020 15.B.3. 169 - 3 Recycling Initiatives launched in FY 17/18 • Countywide Postcard mailer and survey • Beach Parks • Tire Amnesty Day • Drop Saver Poster Contest • Updated brochures 10/23/2018 �onser`vC i�g1Qi-er � -kIL ;r .est` l4'ey rf.1e Yat PlasticFilmRecycling.org av 1 Ck 3nnQry 7� oP-otl� t .�—i r {� .� , Nexypaper Raff Graery&DEUR BaV f}u lVnp PLASTIC Air Pill— utclM 0(itaPE). a4 ItLOPE I Try: StwE 7n pk+!+irtwp unrti L<wk for than lawl on rxtuc9.s likcv/' -�!�� OBOE, T.. I. 8UEd6a predixe UP food 6-"t REV Rath—p h—'it d V Diaper W.P Ndnln (wttl+ <runtbt 4hakltt out) PlastiCMiTtRecpciittg Fem me intik fiw visit i-kieb-Re: k—nb,.,!kfl acvcnp= These items can he recycled wherever plastic hags arerecy 11NI The IRC Solid Waste Disposal District would like to remind you, please Do NOT Place These Items in Your Blue Recycling Cart 15.B.3. 151— 4 10/23/2018 15.6.3. Plastic Caps • Great News! Plastic caps can now be left on bottles and cartons and placed in the recycling cart! This is NEW! We used to have to take the bottle caps off and throw them in the garbage. Now they can be recycled as long as they are secured to the bottle. NO LOOSE CAPS IN THE RECYCLING CART! Goals for the Upcoming Year • Goal #1: Successfully encourage 5 multi -family communities to utilize recycling pickup services • Goal #2: Successfully encourage 5 commercial entities to utilize recycling pickup services • Goal #3: Increase SWDD's outbound recycling material by 5% 15-1' 5 10/23/2018 15.6.3. C5l- 6 INDIAN RIVER COUNTY 4, G SOLID WASTE DISPOSAL DISTRICT �`ZoRioA BOARD MEMORANDUM Date: October 12, 2018 To: Jason Brown, County Administrator From: Vincent Burke, P. E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for. Work Authorization No. CCNA-2014-Work Order No. 1 — Class 1 Landfill Permit Renewal Services DESCRIPTIONS AND CONDITIONS: On January 6, 2015, the Solid Waste Disposal District (SWDD) Board approved CCNA-2014-Work Order No. 1 to Geosyntec. Consultants, Inc. (Geosyntec) in the amount of $180,945.00 to provide Class 1 Landfill Permit Renewal Engineering Services. Geosyntec applied for a 20 -year operation permit for the Class 1 landfill on September 28, 2015, and received a renewal permit on January 6, 2016, with an expiration date of January 5, 2036. Geosyntec also applied for a Environmental Resource Program (ERP) permit on June 18, 2015 and received a 10 -year extension of the permit on August 27, 2015, with an expiration date of July 27, 2025. The original work order included other technical support services which Geosyntec continued to provide through September 30, 2018. ANALYSIS: Geosyntec has satisfactorily completed all of the tasks described in the.scope of work for a total invoiced amount, including the final invoice of $182.83. After final payment, the total amount paid to Geosyntec will be at the cost of $180,944.56, which is under budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. FUNDING: Funding for this work is budgeted and available in the Engineering account number 41121734-033130. These funds have come from landfill assessment fees. Description Account Number Amount Engineering Services 41121734-033130 $182.83 Please note, this is a FY 17/18 obligation and will be paid from FY 17/18 funds. RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice amount of $182.83. ATTACHMENT(s): 1. Geosyntec Project Completion Report & Final Invoice @BCL@980C7D5F.doc Page 10 g 1 Geosyntec consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 R0 Pva"A C� 8ne OCT 0 5 2018 hi dlefi'Wa�113r�t;��r0✓'i;fit? f Lan 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PFI 904.858.1818 FAX 904.396.1143 1vnvw.geosy11tec.com 5 October 2018 Subject: Project Management Completion Report and Transmittal of Invoice No. 124355535 IRC — Class I Landfill Permit Renewal Services IRC Work Authorization No. CCNA-2014-Work Order No.1 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: . INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL2523 Class I Landfill Permit Renewal Engineering Services for the Indian River County Landfill Facility:. This project was completed under Work Order No. CCNA-2014-Work Order No. l authorized on January 6, 2015, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered as of this 4a' day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 124355535, dated 4 October 2018. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2014-Work Order No. 1 was divided into four phases: (i) general consulting/meeting support/project management; '(ii) Class I Landfill Solid Waste Permit Renewal Application; (iii) ERP Renewal Application; and (iv) Landfill Operation Support Services. The following is a phase by phase summary of the work that Geosyntec performed under this Work Order. F1.2523-01/MI8032 Project Completion Report.doc engineers I scientists I innovators 189 Mr. Himanshu H. Mehta, P.E. 5 October 2018 Page 2 Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, Republic, and the Solid Waste Division and Environmental Resource Program (ERP) of the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Phase 2 — Class I Landfill Solid Waste Renewal Permit Application Under this phase, Geosyntec completed and submitted a 20 -year operation permit renewal application for the Class I Landfill to FDEP Solid Waste Division in Tallahassee, Florida. The application was submitted on behalf SWDD to FDEP on September 28, 2015. Geosyntec assisted SWDD in responding to the first (and only) request for additional information (RAI) issued by FDEP on October 26, 2015. The response to the RAI was submitted on November 9, 2015 and a draft permit was issued by FDEP in December 2015. Geosyntec assisted SWDD in reviewing the draft permit to ensure that no unwarranted conditions were in the draft permit. Following submittal of comments on the draft permit, the FDEP issued a final 20 -year renewal permit for the Class I Landfill on January 5, 2016 with an expiration date of January 5, 2036. The 20 -year permit would save SWDD the additional consulting fees for renewing the permit every five (5) years. Phase 3 — ERP Renewal Application Under this phase, Geosyntec communicated with the staff of the ERP in FDEP Southeast District office in West Palm Beach, Florida to renew or extend the then current permit which was to expire on July 30, 2015. Based on the communications, Geosyntec prepared and submitted an application to modify or request to extend the permit expiration date for the landfill facility on June 18, 2015. The FDEP approved this permit modification request and issued a 10 -year extension for the permit on August 27, 2015. Therefore, the current ERP for the landfill facility would expire on July 27, 2025. Phase 4 — Landfill Operations Support Services Under this phase, Geosyntec provided landfill operations support services to SWDD including: (i) reviewing and updating the existing Spill Prevention and Countermeasures Control (SPCC) Plan; and (ii) preparing a Stormwater Pollution Prevention Plan (SWPPP) for the IRC landfill facility. Geosyntec provided technical support services to SWDD related to the design, FL2523-01/n:18032 Project Completion Reportdoc engineers I scientists I innovators 190 . Mr. Himanshu H. Mehta, P.E. 5 October 2018 Page 2 permitting, and construction of the Segment 1 landfill closure and Cell 2 of Segment3 Expansion liner construction. BUDGET The approved budget for Work Order No. CCNA-2014-Work Order No. 1 was $180,945.00. The total invoiced amount, including the final invoice is $180,944.56. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feelfree to contact the undersigned at (904) 858-1818. Sincerely Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure: Invoice No. 124355535 FL2523-01pL18032_Project Completion Reportdoc engineers I scientists I innovators 191 Geosyntecl-,"' consultants 1200 Riverplace Blvd., Suite 910 Jacksonville, Florida 32207 PH 904 858.1818 FAX 904.396.1143 n%vw.geosyntec.corn 5 October 2018 Mr. Himanshu H. Mehta, P.E. OCT o 20�� Managing Director Solid Waste Disposal District Indian River County St1IIp�v�iri 1325 74th Avenue Southwest Lapk T4, N Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice. No. 124355535 IRC— Class I Landfill Permit Renewal Services Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the engineering and permitting services for the Permit Renewal Applications for the Class I landfill at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 30 September 2018. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL2523: Enaineerina and Permitting Services -for Class I Landfill Permit Renewal Application — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2014-Work Order No. 1) Budget Overview Invoice No. 124355535 (enclosed) dated 4 October 2018 for $182.83 is the 40 and final invoice for Project No. FL2523. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $ 180,945.00 Invoiced Amount: $ 180,944.56 Remaining Budget $ 0.44 Geosyntec is within the budget appropriated for this project. FL2523-011FL2523 JL18031 eilginm. *.s 1 scir-nO.Ris I :ionn"Mm 192 Mr. Himanshu H. Mehta, P.E. 5 October 2018 Page 2 WORK COMPLETED TO DATE The tasks performed under this invoice include: technical and construction administration support associated with responding to SWDD's request for historical data and information related to engineering and construction support services for Segment 3 — Cell 2 of the IRC Landfill; project administration including communications and correspondence with SWDD; and. project management including invoicing. WORK REFLECTED ON ENCLOSED INVOICE Labor reflected onthe enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($177.50) is associated with technical and construction administration support, project administration, and project management including invoicing. • Other expenses are associated with communications fee ($5.33). . ONGOING WORK None RECOMMENDED ACTIONS This is the final invoice for this project. A project completion report is attached. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 904.858.1818. Sincerely, Kwasi Badu-Tweneboah, Ph.D., P.E. Principal Engineer Enclosure —Invoice No. 124355535 FU523-0I\FL2523 JL18031 engiuseJs I scientists I luuovaators 193 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number 2523 IRC — Engineering Services for Class I Landfill Permit Renewal Applications Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FL2523/CCNA-2014-WOI 12154015 2/9/2015 $4,205.02 12154033 3/13/2015 $8,811.61 12154045 4/13/2015 $6,957.14. 12154058 5/12/2015 $12,310.35 12154082 6/12/2015 .$10,587.82 12154101 7/15/2015 $13,693.37 12154123 8/10/2015 $7,448.96 12154140' 9122/2015 $34,596.89 12152754 10/7/2015 .$27,100.20 12154170 11/6/2015 $2,763.07 12154185 12/11/2015 $12,236.11 . 12164001 1/13/2016 $3,424.53 12164016 2/10/2016 $3,393.05 12164028 3/14/2016 $1,187.54 12164037 4/7/2016 $431.06 12164050 5/16/2016 $1,180.90 12164061 6/1312016 $824.52 12164069 7/612016 $1,526.46 12164083 8/5/2016 $824.52 12164092 9/13/2016 $2,55131 12164097 9/27/2016 $1,108.80 12164117 11/14/16 $1,532.64 12164129 12/9/2016 $477.92 12417681 1/16/2017 $1,722.16 12419674 2/21/2017 $2,015.84 12420736 3/13/2017. $1,682.25 12428246 4/11/2017 $696.28 124321398 6/20/2017 $379.04 124328619 7/19/2017 $465.05 124330357 8/21/2017 $1,731.72 FL2523-0I1FL2523 JL18031 194 Mr. Himanshu H. Mehta, P.E. 5 October 2018 Page 4 Geosyntee Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount 124332035 9/18/2017 $4,749.98. 124333020 10/4/2017 $599.46 124335703 11/16/2017 $268.83 124337580 12/14/2017 $923.75. 124339204 1/15/2018 $575.26: 124340812 2/14/2018 $1,086.14 124342849 3/19/2018 $586.07 124344506 4/13/2018 $1,866.88 124345991 5/10/2018 $489.25 124348454 6/18/2018 $268.83 124350076 7/13/2018 $244.63 124352134 8/15/2018 $551.05 124353994 9/13/2018 $685.47 124355535 10/4/2018 1 $182.83 TOTAL $180,944.56 FL2523-01\FL2523 JL18031 liIig,meL4' I sden.asm 1 1AIJJNAMT5 195 Geosyntecl'e consultants PLEASE REMIT PAYMENT TO: Geosyr tec Consultants 900 Broken Sound Parkway NW, Suite 200 Bora Raton, Florida. 33487-2775 USA Tel (561) 995.0900 Fax (561) 995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW Invoice #: 124355535 VERO BEACH, FL 32968 Invoice Date: 10/4/2018 Attention: HIMANSHU MENTA, P.E. Project: FL2523 Project Name: CLASS 1 LFL PERMIT RENEWAL. SERVICE For Professional Services Rendered through transaction date: 9/30/2018 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT DR. KWASI BADU-TWENEBOAH AT 904-858-1818 CCNA-2014-WORK ORDER NO.1 Professional Services $177.50 3.0% Communication Fee $5.33 ------ Current Invoice $182.83 "Amount Due This Invoice $182.83 Statement Prior Billings $180,761.73 Project Budget $180,945.00 Current Invoice $182.83 Expended to Date $180,944:56 Billed To Date $180,944.56 Contract Balance $0.4.4 Paid.To Date $180,761.73 "`Amount Due This Invoice " $182,83 Please include our invoice number on wire payment and make payment to the following.- Bank ollowing:Bank Details: Citibank 3660 West Hillsboro Blvd Deerfield Beach, FL 33441 ABA/Routing: 067004764 (ACH) 266086554 (Wre) Swift: CITI US 33 196 Project: FL2523 — CLASS I LFL PERMIT RENEWAL SERVICE Invoice#:124355535 Phase: 01) GC/MEETING SUPPORT/PM Class /Employee Name Date Hours Rate Amount ADMINISTRATIVE ASSISTANT TERPSTRA, TORI 09113!2018 0.25 94.00 23.50 09/28/2018 0.50 94.00 47.00 Total: ADMINISTRATIVE ASSISTANT 0:75 70.50 PRINCIPAL BADU-TWENEBOAH, KWASI 09/06/2018 0.50 214.00 107.00 Total: PRINCIPAL 0.50 107.00 Total Phase: 01) GC/MEETING SUPPORT/PM Phase Labor 177.50 Communication Fee 5.33 Total Project Labor 177.50 3.0% Communication Fee 5.33 0.00 Total Project: FL2523 — CLASS I LFL PERMIT RENEWAL SERVICE 182.83 INCPMGEOPH Page 2 197 /sbs INDIAN RIVER COUNTY 0 SOLID WASTE DISPOSAL DISTRICT 7 - BOARD BOARD MEMORANDUM Date: October 12, 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: Request to Approve Work Order CCNA2018 WO No. 3 to Geosyntec to provide consulting services associated with Phase 1 of the Former South Gifford Road Landfill Redevelopment Plan DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners (BCC) authorized the submittal of an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres, with the northern 55 acres owned by Indian River County and the southern 60 acres owned by the City of Vero Beach. The environmental compliance of the Gifford Landfill is managed by the Solid Waste Disposal District (SWDD). On May 28, 2015, TCRPCwas awarded another Brownfields Coalition Assessment Grant utilizingthe Gifford Landfill as one of the sites in their grant application. In August 2016, TCRPC authorized their consultant, Geosyntec, to perform the following tasks: Task 1 - Community Stakeholders Meeting #1; Task 2 - Development of conceptual designs and estimated costs; Task 3 - Community Stakeholders Meeting #2; and Task 4 - SWDD Board Meeting #3. These tasks were completed between December 2016 and June 2018, and TCRPC prepared a Summary Report documenting the Redevelopment Plan for the Former South Gifford Road Landfill dated July 2018. Staff brought updates to the SWDD Board regarding the conceptual redevelopment planning project on January 24, 2017, July 11, 2017, and May 22, 2018. At the meeting on May 22, 2018, the SWDD Board gave approval of the redevelopment plan and directed staff to obtain a cost proposal to implement Phase 1. ANALYSIS: As previously presented, the Conceptual Redevelopment Plan has been formulated into six phases based on priority and an associated cost range. These costs consist of capital costs and associated professional fees for the redevelopment phases shown. Staff requested a proposal from Geosyntec for the Phase 1 improvements as directed in the May 22, 2018, meeting. Please note, Geosyntec is one of the continuing consulting engineers selected under RFQ 2018008. As a reminder, Phase 1 in the redevelopment plan was "Frontage Improvements and Open Field" and focused on the surficial land clearing and disposal of the brush on approximately eight acres, which would include the three acres in the front and a five -acre area 198 @BCL@F80C9703.docx Page —1— to serve as an open field. Additionally, this phase includes installing approximately 30 trees along the 4111 Street frontage with an associated irrigation system (connected to a water source not associated with site groundwater) for an approximate Phase 1 cost range of $119,000 to $141,000. The current proposal obtained from Geosyntec is for the landscaping design, preparing landscaping bid specifications and opinion of probable cost, review landscaping bids received from potential contractors, and recommend a landscaping contractor. In addition, Geosyntec will help develop the bid package and evaluate bids for the eight acres of land clearing and will work with the Planning Department regarding applicable permitting associated with the landscaping and the land clearing work. The total estimated cost for implementation of Geosyntec's proposal is $15,882, of which 33.6% is for the subcontracting portion for the landscape architect. Geosyntec's total proposal consists of three tasks as follows: Task Description Geosyntec DN Others. Total Amount 1 Project Management $ 2,871 $ 0 $ 2,871 2 Finalize Conceptual Design $ 1,512 $ 5,350 $ 6,862 3 Bid Specification Package $ 6,149 $ 0 $ 6,149 Total = $ 10,532 $ 5,350 $ $15,882 Geosyntec's budget estimate for this portion of Phase 1 is in line with the conceptual costs presented to the SWDD Board in May 2018. 0 W PROPOSED I I3 Acre Clearing LANDSCAPING I I & Landscaping IMBER AND AREA TY I I 1 OF TREES TO BE ENTIFIED BY THE I I UUU LANDSCAPE — — ARCHITECT — jIL — — — — PROPOSED AREA FOR' CLEARING S Acre Clearing I ( I I I L._.L 199 @8CL@F80C9703.doa Page - 2 - 0%H_NF REDFOR'.t�R ^.AVi!l GYFD.JR DN F.E6_dELOPn�Hf i t"Id f+D 9 7s'T qP Glfi ¢4 f8&t S L 199 @8CL@F80C9703.doa Page - 2 - FUNDING: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax.fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description I Account Number. Amount One Cent Sales Tax Fund — Infrastructure Needs 1 31521734-033490-03004 $15,882 RECOMMENDATION: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign CCNA-2018 WO No. 3 authorizing Geosyntecto provide consulting services associated with Phase 1 of the Gifford Road Landfill Redevelopment Plan, at a not to exceed fee of $15,882. ATTACHMENT: Geosyntec CCNA2018 WO No. 3 200 @BCL@F80C9703.docx Page — 3 — CCNA2018 WORK ORDER 3 SOUTH GIFFORD ROAD LANDFILL This Work Order Number 3 is entered into as of this _ day of 2018, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: /� C By: Chairman Print Name: Jill Johnson Title: Principal BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved: as to form and legal sufficiency: Dylan T. Reingold, County Attorney 201 EXHIBIT A PROFESSIONAL SERVICES engineers I scientists I innovators 202 18 October 2018 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74`h Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide Consulting Services Associated with Phase 1 of the Gifford Road Landfill Redevelopment Plan Former South Gifford Road Landfill, Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide consulting services associated with Phase 1 of the Redevelopment Plan for the Former Gifford Road Landfill, located in Vero Beach, Indian River County, Florida (Site). As you are aware, the conceptual design for the Redevelopment Plan for the Former South Gifford Road Landfill, including Phase 1, was prepared as part of the recent brownf"ields grant -related planning activities .conducted by the Treasure Coast Regional Planning Committee (TCRPC). Based on the conceptual plan, Phase 1 consists of surficial land clearing of approximately 8 -acres of land (including 3 -acres at the north end of the Site that will serve as the Site frontage, and 5 -acres in the central portion of the Site that will serve as an open field), landscaping along the 41s' Street frontage, and installation of an associated irrigation system. The first step in implementing Phase 1 is to finalize the landscaping design and create formal bid specifications for land clearing and landscaping. Clearing of the 8 acres, installation of irrigation system and installation of landscaping will be completed subsequently to the scope of work included herein. The remainder of this proposal provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND The Former South Gifford Road Landfill is an approximately 115 -acre closed landfill, of which the northern 55 - acres are owned by IRC and the southern portion is owned by the City of Vero Beach. The Indian River County Board of County Commissioners (BCC) supported the submittal of an application by TCRPC for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant to facilitate additional work on this Site. TCRPC was awarded the Brownfields Coalition Assessment Grant in May 2015. Since May 2015, Geosyntec, TCRPC, and IRC worked with the Gifford community on a conceptual design for the redevelopment of the Former Gifford Road Landfill. The conceptual design was broken down into six separate phases, including the Phase 1 land clearing and landscaping work described earlier. The BCC recently requested that the SWDD move forward and obtain a cost proposal (from Geosyntec) to implement. Phase 1. 203 PROPOSED SCOPE OF WORK This proposed scope of work has been divided into the following tasks, which are described in more detail below: (i) Task 1 — Project Management; (ii) Task 2 — Finalize Landscaping Conceptual Design; and (iii) Task 3 — Bid Specification Packages.. The remainder of this section presents a general description of the activities to be performed as part of each task. Task 1— Proiect Management Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC and Schmidt Nichols, invoice review, project coordination, and project administration. The budget includes ten hours for the project manager, three hours for the principal -in -charge, and four hours for the administrative assistant. Task 2 — Finalize Landscaping Conceptual Design As you are aware, the redevelopment plan for the Former South Gifford Road Landfill is a conceptual design; therefore, we propose to enlist the assistance of a local landscape architect to finalize the landscaping design along 41" Street. This effort is specific to Phase 1 and is not intended to address the redevelopment plan for the other phases at this time. Under this task, Geosyntec will work with our subcontractor, Schmidt Nichols Landscape Architecture and Urban Planning (Schmidt Nichols) to finalize the conceptual design for the landscaping along 41St Street. The estimated budget for this task includes finalizing the design, including irrigation design and completion of sealed plans by a landscape architect, and providing IRC with an estimate of probable cost for the remainder of Phase 1 of the Gifford redevelopment construction prior to working on Task 3 (below). Task 3 — Bid Specification Packages Under this task, we will prepare a draft bid specification packages for landscaping and clearing, review landscaping and land clearing bids received from potential contractors, and recommend contractors for each scope of work. The specifications will incorporate health and safety requirements, as well as contractual and insurance requirements. The bid solicitation language will include contact information, deadlines, proposal content requirements, and evaluation criteria. Geosyntec will provide proposal requirements and a specific format for the contractors to follow to aid in the receipt of consistent contractor proposals. The bid schedule will be structured in a manner to help optimize pricing from the potential contractors and minimize their issuance of change orders. Geosyntec will prepare one draft of the bid specification packages for IRC's review and comment. We have assumed four hours of Professional consulting time to respond to IRC's comments on the draft bid packages and develop final packages. The final bid specification packages will be issued to at least three candidate contractors for each scope of work (landscaping and land clearing). Geosyntec will help IRC review and rank received bids. This proposal does not include execution of the land clearing of the 8 -acres or landscaping activities in the 3 -acre area of the Site along 41St Street. 204 SCHEDULE Geosyntec can begin this work immediately following written authorization. Geosyntec will work to finalize conceptual design for the landscaping. We anticipate that we can provide draft design drawings approximately three weeks after authorization is received (this schedule is dependent on Schmidt Nichols). Once the design is finalized, Geosyntec will prepare the bid specification documents and will provide draft bid specification documents to IRC within two weeks from the finalization of the design. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 3 of this proposal is summarized in the following table. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience at the Site, and experience with similar activities for other sites. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task l — Project Management $2,871 Task 2 — Finalize Landscaping Conceptual Design $6,862 Task 3 — Bid Specification Packages $6,149 TOTAL $15,882 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Cristina Graver, P.E. Engineer Cc: David Latham, P.G., Geosyntec Consultants Nandra Weeks, P.E., Geosyntec Consultants Attachments K) 1 W. Johnson, P.G. Principal 205 ATTACHMENT A BUDGET ESTIMATE engineers I scientists I innovators 206 XR18011—rev Table 1 Phase 1 of the Gifford Road Landfill Redevelopment Plan Former Gifford Road Landfill TASK 1: Proiect Management ITEM. BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 3 $675 Senior Project Geologist hr $205 0 $0 Professional hr $160 10 $1,600 Subtotal Professional Services $2,275 B. Technical/Administrative Services Project Administrator hr 1 $65 1 4 $260 Subtotal Technical/Administrative Services $260 D. Reimbursables Communications Fee 3% labor 0.03 1 $2,535 $76 Subtotal Reimbursables $76 TOTAL ESTIMATED BUDGET: TASK 1 $2,871 Geosyntee Consultants 207 XR 18011_rev Table 2 Phase 1 of the Gifford Road Landfill Redevelopment Plan Former Gifford Road Landfill TASK 2: Finalize Landscaping Conceptual Desien ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 0 $0 Senior Project Geologist hr $188 1 $188 Professional Engineer hr $160 8 $1,280 Staff Engineer hr 1 $96 0 $0 Subtotal Professional Services $1,468 C. Subcontractors Landscape Architect Fees LS $5,350 1 $5,350 Subtotal Subcontractor $5,350 D. Reimbursables Communications Fee 3% labor 1,468 $44 --0.03::] . Subtotal Reimbursables $44 TOTAL ESTIMATED BUDGET: TASK 2 $6,862 Geosyntec Consultants 208 XR18011 rev Table 3 Phase 1 of the Gifford Road Landfill Redevelopment Plan Former Gifford Road Landfill TASK 3: Bid Specification Packaees ITEM. BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 2 $450 Senior Project Geologist hr $205 0 $0 Professional Engineer hr $160 12 $1,920 Staff Engineer hr $120 30 $3,600 Subtotal Professional Services $5,970 C. Reimbursables Communications Fee 3% labor 0.03 5,970 $179 Subtotal Reimbursables $179 TOTAL ESTIMATED BUDGET: TASK 3 $6,149 Geosyntec Consultants 209