HomeMy WebLinkAbout10/16/2018 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 16, 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 Holly Adams, Community Church of Vero Beach
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Rose Martorana On Her 100th Birthday
Attachments: Proclamation
5.13. Presentation of Proclamation Designating the Month of October, 2018, as Indian
River County Family History Month
Attachments: Proclamation
5.C. Presentation of Proclamation Designating October 26, 2018, as The Day of
Ceremony and Celebration for the City of Vero Beach
Attachments: Proclamation
A
October 16, 2018 Page 1 of 7
5.D. Presentation by Brian Bauer, President/CEO, CareerSource Research Coast
Attachments: Presentation
6. APPROVAL OF MINUTES
6.A. Regular Meeting of August 14, 2018
6.B. Special Call Meeting of September 4, 2018
6.C. Preliminary Budget Hearing of September 12, 2018
6.1). Final Budget Hearing of September 19, 2018
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING
BOARD ACTION
7.A. Sebastian River Improvement District Fiscal Year 2018-2019 Regular Board
Meeting Schedule is on file for review in the Office of the Clerk to the Board.
Attachments: Sebastian River Improvement District Meeting Schedule
7.B. Affordable Housing Advisory Committee Vacancy
Attachments: Staff Report
Andy Bowler Resignation (10.03.18)
7.C. Proclamation Honoring Richard D. Cahoy
Attachments: Proclamation
7.1). Indian River County Venue Event Calendar Review
Attachments: Staff Report
8. CONSENT AGENDA
8.A. Checks and Electronic Payments September 21, 2018 to September 27, 2018
Attachments: Finance Department Staff Report
8.B. Checks and Electronic Payments September 28, 2018 to October 4, 2018
Attachments: Finance Department Staff Report
8.C. Indian River County Administration Complex Buildings A & B Roof Replacement,
IRC -1705, Release of Retainage and Change Order No. 1
Attachments: Staff. Report
Contractor's Application for Payment No. 7
Change Order No. 1
October 16, 2018 Page 2 of 7
8.D. Acceptance of Florida Department of Economic Opportunity Grant FYI 8/19
Attachments: Staff Report
IRC Grant Form
DEO Grant Agreement
8.E. Ranking of Firms and Authorization to Negotiate - RFQ 2018063 Continuing
Architectural Services
Attachments: Staff Report
8.F. 2018-047: US 1 Air Release Valve and 24" Force Main Replacement Change Order
#2 and Final Pay Request
Attachments: Staff Report
Change Order No. 2
Johnson Davis Inc Final Pay Request
8.G. Final Payment to Summit Construction for Bid #2018064, North Wastewater
Fence Replacement
Attachments: Staff Report
Invoice #280-01 from Summit Construction
Before -After Pictures
8.H. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Service Development Grant
Attachments: Staff Report
Resolution
Grant Agreement
Budget Form
8.I. Award of Bid No: 2019005 Victor Hart Sr. Complex Drainage Improvements
Attachments: Staff Report
Sample Agreement
8.J. Miscellaneous Budget Amendment 017
Attachments: Staff Report
Resolution
Exhibit "A" BA 017
8.K. Interfund Borrowing Fiscal Year 2017/2018
Attachments: Staff Report
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
October 16, 2018 Page 3 of 7
A. PUBLIC HEARINGS
10.A.1. Second Hearing for Adoption of a Land Development Regulation (LDR)
Amendment to Chapters 911 and 971 Regarding the Review and Approval
Process for Places of Worship (Legislative)
Attachments: Staff Report
Excerpt from Draft September 18, 2018 BCC Minutes
Excerpt from March 1, 2016 BCC Minutes
Proposed Ordinance
B. PUBLIC DISCUSSION ITEMS
10.B.1. Request to Speak from Nicole Capobianco Regarding Stopping/Banning the sale
of puppies/cats in pet stores in Indian River County. Eliminate local pet stores
from selling puppies obtained from puppy mills.
Attachments: Request to Speak Form
10.B.2. Request to Speak from Doherty, Inc. Regarding Not Changing Pet Store
Compliances by Banning Sale of Animals
Attachments: Request to Speak Form
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
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
F. Public Works
G. Utilities Services
October 16, 2018 Page 4 of 7
10.G.1. Citrus Hideaway Subdivision Petition Water Assessment Project, Surveying and
Engineering Design Services
Attachments: Staff Report
Preliminary Petition Requesting a Neighborhood Water Assessment
Program
Location Map
10.G.2. Request Data Flow System Upgrade - 55 Lift Station Remote Telemetry Units
(RTUs)
Attachments: Staff Report
Data Flow Quote #180827 -01 -RW
10.G.3. Blue Cypress Lake Informational Update
Attachments: Staff Report
Total Pounds of Phosphorus
Class B Biosolids Land Application Sites
13. COUNTY ATTORNEY MATTERS
13.A. Request for Closed Attorney -Client Session Relating to Martin County et al. vs.
U.S. Department of Transportation et al. (Case No.: 1: 1 8-cv-00333-CRC)
Attachments: Staff Report
13.B. Economic Development Council Appointment
Attachments: Staff Report
IRC Committee Application - Gerald Renick
Gerald Renick Ecotone Services Resume
13.C. Real Estate Exchange Agreement between Paradise Central Corporation and Indian
River County for Right -of -Way Acquisition for the SR 60/43rd Avenue Project
Attachments: Staff Report
Exchange Agreement with attachments
Resolution
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
14.A.1. Presentation on Commercial Property Assessed Clean Energy (PACE)
Programs
Attachments: Commissioner's Memorandum
The STATE OF PACE PowerPoint Presentation
October 16, 2018 Page 5 of 7
14.A.2. Additional items for consideration prior to acting on Utility water and
wastewater rate study
Attachments: Commissioner's Memorandum
B. Commissioner Bob Solari, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
14.D.1. Discussion Regarding Ordinance to Ban the Sale of Dogs and Cats in Pet Stores
Attachments: Commissioner's Memorandum
Seminole County FL Ordinance Ban of Pet Sales
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emerizency Services District
B. Solid Waste Disposal District
15.11.1. Approval of Minutes Meeting of August 14, 2018
15.11.2. Approval of Minutes Preliminary Budget Hearing of September 12, 2018
15.11.3. Approval of Minutes Final Budget Hearing of September 19, 2018
15.B.4. Request Approval for Two Paper Shredding Events in Fiscal Year 2018/19
Attachments: Staff Report
15.11.5. Request for General Funds - PACE Project and Other Community Projects
FY2018-19
Attachments: Staff Report
Letter from Health Department
15.B.6. CCNA-2018 Work Order No. 2 to Geosyntec Consultants for Engineering
Services with the Title V Permitting for Emergency Generators
Attachments: Staff Report
CCNA-2018 Work Order No. 2 - Geosyntec
C. Environmental Control Board
16. ADJOURNMENT
October 16, 2018 Page 6 of 7
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.irc.izov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a. m. until 5: 00 p. m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12: 00 Noon to 5:00 p.m.
October 16, 2018 Page 7 of 7
&A
PROCLAMATION
HONORING ROSE MARTORANA ON HER
100TH BIRTHDAY
WHEREAS, Rose Martorana will be honored by friends and relatives on her 100th
birthday on October 12th; and
WHEREAS, Rose Martorana was born in Manhattan, New York on October 12,1918;
she has been a resident of this community seasonally since 1980 and currently lives full
time in Indian River County where she is an active member of Holy Cross Church; and
WHEREAS, Rose Martorana became the wife of Dominick in 1941 and this marriage
was blessed with 3 children and 5 grandchildren; and
WHEREAS, Rose Martorana has lived during the most eventful century of American
history; and her outgoing personality and caring nature has been an inspiration to those
around her during these many years.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board applauds Rose
Martorana on reaching her 100th birthday, with sincere congratulations and best wishes
for many more happy, productive years.
Adopted this 16th 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
66
PROCLAMATION
DESIGNATING THE MONTH OF OCTOBER, 2018, AS
INDIAN RIVER COUNTY FAMILY HISTORY MONTH
WHEREAS, the Indian River Genealogical Society is celebrating its 35th Anniversary as an
organization that furthers genealogical research and promotes interest in family and local history by
providing educational programs — including lectures, workshops, seminars and individual assistance
to help genealogists and family historians of all skill levels research their own family; and
WHEREAS, the Indian River Genealogical Society has created and maintains an online
database, available to the public, to digitize Indian River County cemetery records; and
WHEREAS, the Indian River Genealogical Society has encouraged the recognition of veterans
buried in Indian River County by providing grave row markers to the Gifford Cemetery Association;
and has helped preserve the legacy of local veterans by researching, organizing, documenting and
articulating the story of the men honored on Veteran's Memorial Island Sanctuary; and
WHEREAS, the Indian River Genealogical Society has consistently assisted and supported
the Julian W. Lowenstein Archive Center and Genealogical Library at the Indian River County Main
Library with volunteers, assistance, books and equipment
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the month of October, 2018, as
Indian River County Family History Month, and hereby congratulates the Indian River
Genealogical Society on its work and successes in Indian River County for 35 years.
Adopted this 16th 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
2
5 -0 -
PROCLAMATION
Designating October 26, 2018, as
The Day of Ceremony and Celebration
For the City of Vero Beach
WHEREAS, the City of Vero Beach is celebrating its 100th Birthday in 2019; and,
WHEREAS, the City of Vero Beach, formerly called the City of Vero, was incorporated on June 10,
1919; and,
WHEREAS, the city intends to celebrate all year long beginning in October, 2018. The opening
celebration will be on October 26, 2018 with the Centennial Celebratory Crescendo. Everyone is
invited to attend this milestone triumph. Businesses, civic organizations, schools, faith groups,
pioneer families, residents and guests, young and old, are invited; and,
WHEREAS, a dozen months are needed to capture the flavor of Vero Beach's proud history featuring
its many local landmarks and stakeholders; and monthly events will offer a myriad of ways to capture
the fire and energy that forged a lasting legacy of ten decades.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA that the day of October 26, 2018, be designated as the Day of
"Ceremony and Celebration" for the 100th Birthday of the City of Vero Beach, in Indian River
County and the Board encourages all citizens to support and participate in the celebrations to be
held.
Adopted this 16th 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
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Attend a job fair prep workshop
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Visit •
for scheduled dates and times
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ReseaMch Coast services
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CareerSource
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Auzillary� Ids and services are available upon request to individuals with disabilities. All voice
inay�b 7,eachdi by persons using ITY/TDD equipment via the Florida Relay Service at 711.
DCareerSource
RESEARCH COAST
A proud partner of the Amenca JobCenter'neoAork
Presents...
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a hiring Event for Veterans and their spouses
on Wednesday, November 7, 2018
o Attend a workshop & update your resume c Mock Interviewing o Learn about training programs for Veterans
9:OOam - 11:OOam 4 Locations to serve you better!
Indian River County: Pre -register today for faster access!
CareerSource Research Coast
1880 82nd Ave. Suite 103
Vero Beach, FL 32966 Click here or Scan here
Martin County: 0 �
CareerSource Research Coast
710 SE Central Parkway ell
Stuart, FL 34994
11:OOam - 1:OOpm
St. Lucie County (2 locations):
CareerSource Research Coast
2102 Ave. Q, Room 16
Fort Pierce, FL 34950
CareerSource Research Coast
584 NW University Blvd. Suite 300
Port St. Lucie, FL 34986
An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities.
All voice telephone numbers on this document may be reached by persons using TTYITDD equipment via the Florida Relay Service at 711.
SEBASTIAN RIVER IMPROVEMENT DISTRICT
c/o Special District Services, Inc.
2501 Burns Road, Suite',A
Palm Beach Gardens, Florida 33410
(561) 630-4922
Fax: (561) 630-4923
September 28, 2018
VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
Clerk of the Circuit Court
Indian River County
P.O. Box 1028
Vero Beach, FL 32961-1028
Re: Sebastian River Improvement District
To Whom It May Concern:
Pursuant to Florida law, enclosed please find a copy of the Fiscal Year 2018/2019 Regular
Meeting Schedule for Sebastian River Improvement District.
If you have any questions and/or comments, please do not hesitate to contact our office.
Sincerely,
SPECIAL DISTRICT SERVICES, INC.
Laura J. Arc
Enclosure
VA
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SEBASTIAN RIVER IMPROVEMENT DISTRICT
FISCAL YEAR 2018/2019 REGULAR BOARD MEETING SCHEDULE
NOTICE IS HEREBY GIVEN that the Sebastian River Improvement District ("SRID") will
hold Regular Board Meetings of the Board of Supervisors at the Indian River County
Administration Complex, Building B-1, Room 501, 1800 27th Street, Vero Beach, Florida
32960 at 10:00 a.m. (**unless otherwise noted**) on the following dates:
December 5, 2018
March 6, 2019
**June 5, 2019**
September 4, 2019
**The June 5, 2019, Regular Board Meeting will be . held at the Indian River County
Administration Complex, Building B-1, Room 501, 1800 27th Street, Vero Beach, Florida 32960
and will commence at 9:00 a.m. The Annual Meeting will immediately follow the Regular
Board Meeting at 10:00 a.m. at the same location.**
The purpose of the meetings is to conduct any business which may properly come before the
Board. The meetings are open to the public and will be conducted in accordance with the
provisions of Florida law. Copies of the Agenda for any of the meetings may be obtained from
the District's website or by contacting the District Manager at (561) 630-4922 and/or toll free at
1-877-737-4922.
From time to time one or two Supervisors may participate by telephone; therefore, a speaker
telephone will be present as required, at the meeting location so that Supervisors may be fully
informed of the discussions taking place. Said meeting(s) may be continued as found necessary
to a time and place specified on the record.
If any person decides to appeal any decision made with respect to any matter considered at these
meetings, such person will need a record of the proceedings and such person may need to insure
that a verbatim record of the proceedings is made at his or her own expense and which record
includes the testimony and evidence on which the appeal is based.
In accordance with the provisions of the Americans with Disabilities Act, any person requiring
special accommodations or an interpreter to participate at any of these meetings should contact
the District Manager at (561) 630-4922 and/or toll free at 1-877-737-4922 at least seven (7) days
prior to the date of the particular meeting.
Meetings may be cancelled from time to time without advertised notice.
SEBASTIAN RIVER IMPROVEMENT DISTRICT
www.sebastianriverid.org
PUBLISH: INDIAN RIVER PRESS JOURNAL 11/21/18
GAJ
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Informational Matters - B. C. C. 10.16.18
Office of
INDIAN RIVER COUNTY
ATTORNEY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: October 4, 2018
SUBJECT: Affordable Housing Advisory Committee Vacancy
On October 3, 2018, Andy Bowler, submitted his resignation as the "Not-for-profit provider of affordable
housing" representative on the Affordable Housing Advisory Committee. His term expires in January 2419.
Anyone interested in serving on the Affordable Housing Advisory Committee, and meeting the requirements
for the "Nat -far -profit provider of affordable housing" representative, will need to submit an application and
resume to the Board of County Commissioners Office, County Administration Building a, 1801 27th Street,
Vero Beach, Florida 32960. Application forms can be accessed online at
www.ircgov.com/boards/committee applications, or at the Board of County Commissioner's Office.
ATTACHMENT(S).
0 October 3, 2018 - resignation
F.WitorneylCltristitialCOMM17TEESIGeneral MotterslBCCAgenda Men:osL4HAC-Menta etclCoinniittee Vacancy -Resignation Notice (AHAQ - BowlerA.docx 26
Christina' Moore
From: Andy Bowler <andybowler47@gmail.com>
Sent: Wednesday, October 03, 2018 3:01 PM
To: Christina Moore
Subject: Re: Committee Term Expiration Notice - Affordable Housing Advisory
Christina Moore
Legal Assistant
Office of County Attorney - Indian River
Ms Moore
Upon my retirement from Indian River Habitat for Humanity(IRHFH) at the end of April 2018, I should have
informed you that I no longer wished to serve on the Affordable Housing Advisory Committee (AHAC).
Please accept this email as notice of my immediate resignation from AHAC where I was a "not-for-profit
provider of affordable housing" representative.
If I might be so bold, I would suggest that a very worthy replacement would be my successor at IRHFH, Sheryl
Vittitoe. Sheryl's position at IRHFH is one of President/CEO.
I wish the AHAC all the very best in their future endeavors as they serve those in need of simple, decent and
affordable housing in our County.
Andrew Bowler
27
PROCLAMATION
TO HONOR RICHARD D. CAHOY
WHEREAS, Richard D. Cahoy has lived in Indian River County, Florida for more than 22 years; and
WHEREAS, Mr. Cahoy has served Indian River County with distinction for over two decades as a
Volunteer Community member of the Vero Beach Code Enforcement Board and of the Environmental
Control Hearing Board (ECHE) of Indian River County; and
WHEREAS, Mr. Cahoy served with distinction for 14 years as the Community Volunteer Board
Member on the ECRB; 3 years as the Vice Chairman of the ECHB and for the past 4 years as the
distinguished Chairman of the ECHB; and
WHEREAS, Mr. Cahoy brought invaluable insight to the ECHB with his many years of business, real
estate and financial experience; and
WHEREAS, during his long tenure on the ECHB, Mr. Cahoy has been valued by all his many
colleagues for his genuine personal kindness and courtesy, for his cheerful and gentle speech and for
his consummate humanity. He is renowned for his commitment to fairness and justice for all who
appeared before him, for his efforts to reach reasonable compromise and solutions, and for his good
common sense; and
WHEREAS, Mr. Cahoy was dependable and helpful providing ongoing support to the ECHB Office
staff, considerate of their requirements and time restraints, understanding of their recommendations
and proud of their accomplishments and professionalism.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Richard D. Cahoy for his leadership,
and the Board wishes to express its appreciation for the dedicated service he has given Indian River
County.
Adopted this 4th day of October, 2018. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Tim Zorc
Susan Adams
28
Indian River County Venue Event Calendar Review
For more information go to www.ircgov.com - Event Calendar
Community Office Hours Event
Oct 18 @ North IRC Library:
- l Dam- One on one with Commissioner Susan Adams
Tom Collins Insurance Event - PRIVATE
Oct 18 @ iG Center:
- 6:30-8:45pm
Take Aim at Child Abuse -1 st Annual Sporting Clay Event
Oct 20 @ IRC Shooting Range:
- 8:30am-2pm
Jimmy Graves Foundation (JGF) Leadership Education And Development (LEAD)
FAU Training: Student Leader Challenge
Oct 20 @ iG Center:
- gam- 3pm
Oslo Middle Volleyball Tournament
Oct 20 @ iG Center:
- 9am- 2pm Tickets sold at the door. $2 kids $5 adults
Steve Mix Basketball Academy - Session 2 of 4
Oct 21 @ iG Center:
- 3-4:30pm- teach aspects of the game & hone in on some specifics per session.
Tom Collins Insurance Event - PRIVATE
Oct 25 @ iG Center:
- 6:30-8:45pm
Classy Chris Gray Boxing Event
Oct 27 @ IRC Fairgrounds:
- 5- lOpm
United Healthcare Medicare and Retirement Workshop - PRIVATE
Oct 29 @ iG Center:
- l0am- 12noon 29
IRC Fire Department Pinning Ceremony - PRIVATE
Nov 1 @ iG Center:
• 6-7:30pm: Pinning ceremony for new hires and promotions.
Jumpstart Antique Show - IRC Veteran's Council
Nov 3 @ IRC Fairgrounds:
• 10am-4pm
South County Community Meeting
Nov 5 @ iG Center:
• 5:30-7pm: Local topics with Commissioner Peter O'Bryan
Community Office Hours Event
Nov 15 @ North IRC Library:
• I Oam- One on one with Commissioner Susan Adams
Indian River Dog Training Event
Nov 16-17 @ IRC Fairgrounds:
• 7am-7pm
Steve Mix Basketball Academy - Session 3 of 4
Nov 18 @ iG Center:
• 3-4:30pm- teach aspects of the game & hone in on some specifics per session.
Vero Beach Military History Expo www.patriotshows.com
Dec 1-2 @ IRC Fairgrounds:
• Saturday 9am-5pm • Sunday 9am-4pm
30
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court,& Comptroller
Finance Department
1801 27a' Street
Vero Beach, FL 32.960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: September 27, 2018
SUBJECT: APPROVAL OF C14ECKS AND ELECTRONIC PAYMENTS
September 21, 2018 to September 27, 20.18
In compliance with Chapter i 36.06, Florida Statutes, all checks and electronic payments issued
'by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of September 21, 2018 to September 27, 2018.
31
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
372500
09/27/2018
EVERGLADES FARM EQUIPMENT CO INC
25,882.30
372501
09/27/2018
PORT CONSOLIDATED INC
1,209.14
372502
09/27/2018
JORDAN MOWER INC
324.25
372503
09/27/2018
COMMUNICATIONS INTERNATIONAL
314,340.60
372504
09/27/2018
SSES INC
1,869.76
372505
09/27/2018
TEN -8 FIRE EQUIPMENT INC
23,854.04
372506
09/27/2018
RANGER CONSTRUCTION IND INC
321.63
372507
09/27/2018
VERO CHEMICAL DISTRIBUTORS INC
1,082.17
372508
09/27/2018
PERERS ENTERPRISES INC
2,647.62
372509
09/27/2018
RICOH USA INC
321.96
372510
09/27/2018
CH.ISHOLM CORP OF VERO
2,047.69
372511
09/27/2018
HENRY SCHEIN INC
4,646.75
372512
09/27/2018
VE.LDE FORD INC
1,473.72
372513
09/27/2018
AT&T WIRELESS
3,335.95
372514
09/27/2018
DATA FLOW SYSTEMS INC
3,206.30
372515
09/27/2018
SEWELL HARDWARE CO INC
111.16
372516
09/27/2018
PARALEE COMPANY INC
500.40
372517
09/27/2018
DELTA SUPPLY CO
59.04
372518
09/27/2018
E -Z BREW COFFEE & BOTTLE WATER SVC
78.94
372519
09/27/2018
GRAINGER
13.94
372520
09/27/2018
KELLY TRACTOR CO
824.59
372521
09/27/2018
SAFETY KLEEN SYSTEMS INC
130.00
372522
09/27/2018
GRAYBAR ELECTRIC
220.74
372523
09/27/2018
MCMASTER CARR SUPPLY CO
139.34
372524
09/27/2018
HACH CO
343.72
372525
09/27/2018
LFI FORT PIERCE INC
1,315.24
372526
09/27/2018
CLIFF BERRY INC
166.50
372527
09/27/2018
PHYSIO CONTROL INC
685.95
372528
09/27/2018
AVERY DENNISON CORPORATION
4,749.70
372529
09/27/2018
BOUND TREE MEDICAL LLC
1,162.13
372530
09/27/2018
SCHULKE BITTLE & STOD.DARD LLC
1,350.70
372531
09/27/2018
PETES CONCRETE
1,500.00
372532
09/27/2018
ECOTECH CONSULTANTS INC
2,667.00
372533
09/27/2018
VERO INDUSTRIAL SUPPLY INC
293.26
372534
09/27/2018
PARAGON ELECTRIC INC
3,723.00
372535
09/27/2018
CITY ELECTRIC SUPPLY
193.34
372536
09/27/2018
CARTER ASSOCIATES INC
862.50
372537
09127/2018
BAKER & TAYLOR INC
5,726.98
372538
09/27/2018
MIDWEST TAPE LLC
590.50
372539
09/27/2018
MWl CORP
1.565.25
372540
09/27/2018
MICROMARKETING LLC
213.14
372541
09/27/2018
K & M ELECTRIC SUPPLY
1,362.36
372542
09/27/2018
VERO COLLISION CENTER
4,369.08
372543
09/27/2018
BAKER DISTRIBUTING CO LLC
63.72
372544
09/27/2018
CENGAGE LEARNING INC
694.97
372545
09/27/2018
PALM TRUCK CENTERS INC
1,340.56
372546
09/27/2018
GO COASTAL INC
54.90
372547
09/27./2018
SOFTWARE HARDWARE INTEGRATION
7,846.88
372548
09/27/2018
TINDALE-OLIVER & ASSOCIATES INC
5,389.79
372549
09/27/2018
CLERK OF CIRCUIT COURT
1.115.10
372550
09/27/2018
ROGER J NICOSIA
1,500.00
372551
09/27/2018
CITY OF VERO BEACH
241280.61
372552
09/27/2018
MATTHEW BENDER & CO INC
132.00
372553
09/27/2018
JANITORIAL DEPOT OF AMERICA INC
584.46
372554
09127/2018
HUMANE SOCIETY
21,705.00
372555
09/27/2018
PUBLIX SUPERMARKETS
59.69
372556
09/27/2018
INTERNATIONAL GOLF MAINTENANCE INC
88,148.27
372557
09/27/2018
CULTURAL COUNCIL OF IRC
5,710.73
32
TRANS NUR
DATE
VENDOR
AMOUNT
372558
09/27/2018
DEANGELO BROTHERS INC
776.00
372559
09/27/2018
GEOSYNTEC CONSULTANTS INC
685.47
372560
09/27/2018
FEDERAL EXPRESS CORP
35.57
372561
09/27/2018
TIMOTHY ROSE CONTRACTING INC
122,180.45
372562
09/27/2018
CALLAWAY GOLF SALES COMPANY
499.12
372563
09/27/2018
SUBSTANCE AWARENESS COUNCIL OF IRC INC
1,976.00
372564
09/27/2018
KIM BOYKIN
150.00
372565
09/27/2018
MELECH BERMAN
460.00
372566
09/27/2018
STRUNK FUNERAL HOMES & CREMATORY
425.00
372567
09/27/20,18
TREASURE COAST SPORTS COMMISSION INC
9,108.84
372568
09/27/2018
TROY FAIN INSURANCE INC
163.00
372569
09/27/2018
NOTARY PUBLIC UNDERWRITERS INC
103.00
372570
09/27/2018
MYLES BROWN
72.00
372571
09/27/2018
ESRI INC
5,000.00
372572
09/27/2018
HENRY SMITH
94.00
372573
09/27/2018
PITNEY BOWES INC
244.62
372574
09/27/2018
3 BALL ENTERPRISES LLC
403.43
372575
09/27/2018
JOHN BROWN & SONS INC
6,400.00
372576
09/27/2018
WESTSIDEREPROGRAPHICS OF VERO BEACH INC
10.82
372577
09/27/2018
NABORS GIBLIN & NICKERSON PA
2,703.75
372578
09/27/2018
CINDY VILLENEUVE
75.18
372579
09/27/2018
POTTERS INDUSTRIES LLC
2,250.00
372580
09/27/2018
CELI.CO PARTNERSHIP
215.04
372581
09/27/2018
WILLIAM SC14UTT
151.58
372582
09/27/2018
ANLYTER INC
548.50
372583
09/27/2018
DAWN BRADFORD
49.00
372584
09/27/2018
CINTAS CORPORATION NO 2
37.50
372585
09/27/2018
CINTAS CORPORATION NO 2
217.73
372586
09/27/2018
VAN WAL INC
128.00
372587
09/27/2018
TRAFFIC CONTROL DEVICES INC
74,759.84
372588
09/27/2018
SOUTHERN JANITOR SUPPLY INC
2.953.88
372589
09/27/2018
CHRISTINE KELLY-BEGA70
212.45
372590
09/27/2018
JOHN M PICKERILL
500.00
372591
09/27/2018
MBV ENGINEERING INC
164.00
372592
09/27/2018
THOMAS GASKIN
157.80
372593
09/27/2018
ETR LLC
467.50
372594
09/27/2018
BROCK, JAMES & MARILYN
10.00
372595
09/27/2018
STAPLES CONTRACT & COMMERCIAL INC
787.51
372596
09/27/2018
HEVERON GROUP INC
19,039.00
372597
09/27/2018
MP RICHMOND INC
218.00
372598
09/27/2018
C W NIELSE-N MFG CORP
88.92
372599
09/27/2018
ALL AREA. ROOFING & WATERPROOFING INC
2,095.50
372600
09/27/2018
LARRY STEPHEN'S
60.00
372601
09/27/2018
CAROLE J MADIGAN
86.00
372602
09/27/2018
MALA GEOSCIENCE USA INC
1,059.00
372603
09/27/2018
MICHAEL W EIRLS
1,300.00
372604
09/27/2018
HF GROUP LLC
41038.52
372605
09/27/2018
JOHNNY B SMITH
20.00
372606
09/27/2018
WILSON, RONALD & BARBARA
21.52
372607
09/27/2018
BACKFLOWGAGE.COM
330.00
372608
09/27/2018
JR APARTMENT RENTALS .INC
500.00
372609
09/27/2018
JESSE MILLIMAN
60.00
372610
09/27/2018
FISHER & PHI.LLIPS LLP
696.05
372611
09/27/2018
MARSHALL O NEAL JR
100.00
372612
09/27/2018
ECONOMIC OPPORTUNITIES COUNCIL OF IRC
4,312.43
372613
09/27/2018
SOUTHEAST SECURE SHREDDING
161.00
372614
09/27/2018
SUSAN NIERODA
53.40
372615
09/27/2018
WELLS FARGO BANK NA
56.67
372616
09/27/2018
NICOLACE MARKETING INC
2,629.00
372617
09/27/2018
WINSUPPLY OF VERO BEACH
82.55
33
TRANS NBR
DATE
VENDOR
AMOUNT
372618
09/27/2018
GARRETT SMITH
120.00
372619
09/27/2018
WEST CONSTRUCTION INC
75,778.84
372620
09/27/2018
JOSEPH LOWTHER
10.20
372621
09/27/2018
BRENNTAG M.ID-SOUTH INC
3,473.17
372622
09/27/2018
WIiTENBACH BUSINESS SYSTEMS INC
1,568.54
372623
09/27/2018
CWS COMMUNITIES LP
429.74
372624
09/27/2018
JANCY PET BURIAL SERVICE INC
25.50
372625
09/27/2018
FLORIDA ARMATURE WORKS INC
3.070.37
372626
09/27/2018
OVERDRIVE INC
5,029.12
372627
09/27/2018
AUTOMATIONDIRECT.COM INC
255.00
372628
09/27/2018
GFA INTERNATIONAL INC
2,527.50
372629
09/27/2018
JENKINS TRUCKING INC
2,021.77
372630
09/27/2018
NEWSOM OIL COMPANY
589.93
372631
09/27/2018
OCEAN RESEARCH & CONSERVATION ASSOCIATION
11 150.00
372632
09127/2018
ALTERATIONS BLESSED
64.00
372633
09/27/2018
REPROGRAPHIC SOLUTIONS INC
36.46
372634
09/27/2018
LOWES HOME- CENTERS INC
2,597.72
372635
09/27/2018
CARDINAL 14EALTH i 10 INC
1,492.60
372636
09/27/2018
TRV ADVERTISING & MARKETING INC
87.18
372637
09/27/2018
BURNETT LIME CO INC
12;719.00
372638
09/27/2018
SOUTHWIDE INDUSTRIES INC
51480.46
372639
09/27/2018
IMPECCABLE SIGNS INC
420.00
372640
09/27/2018
ATLANTIC ROOFING 11 OF VERO BEACH INC
221,204.98
372641
09/27/2018
PENGUIN RANDOM HOUSE LLC
249.90
372642
09/27/2018
SOUTHERN MANAGEMENT LLC
1,030.00
372643
09/27/2018
C E R SIGNATURE CLEANING
850.00
372644
09/27/2018
CHEMTRADE CHEMICALS CORPORTATION
2,282.60
372645
09/27/2018
STACEY BUSH
49.00
372646
09/27/2018
SUSAN ADAMS
43.97
372647
09/27/2018
ATELIER ARCHITECTURE ENGINEERING CONSTRUCT] 1,411.86
372648
09/27/2018
AMERITAS
27,827.72
372649
09/27/2018
EAST COAST VETERINARY SERVICES LLC
199.00
372650
09/27/2018
FOUNDATION FOR AFFORDABLE RENTAL
500.00
372651
09/27/2018
BIO CHEM INDUSTRIES INC
607.65
372652
09/27/2018
SYLIVIA MILLER
1,445.00
372653
09/27/2018
HAWKINS INC
1,123.75
372654
09/27/2018
ANFIELD CONSULTING GROUP INC
10,000.00
372655
09/27/2018
FLORITURF SOD INC
132.00
372656
09/27/2018
RICHARD SZPYRKA
59.00
372657
09/27/2018
SCRIPPS NP OPERATING LLC
1,678.80
372658
09/27/2018
KENDRA COPE
25.90
372659
09/27/2018
CATHEDRAL CORPORATION
22,104.64
372660
09/27/2018
UNN'IFIRST CORPORATION
1,104.48
372661
09/27/2018
JOHNSON-DAVIS INCORPORATED
136,703.45
372662
09/27/2018
VCA ANIMAL HOSPITALS INC
91.11
372663
09/27/2018
CDA SOLUTIONS INC
2,125.40
372664
09/27/2018
SITEONE LANDSCAPE SUPPLYY LLC
269.45
372665
09/27/2018
GOTTA GO GREEN ENTERPISES INC
40.00
372666
09/27/2018
EGP DOCUMENT SOLUTIONS LLC
157.44
372667
09/27/2018
FLORIDA EAST COAST HOLDINGS CORP
425,498.21
372668
09/27/2018
ACTIVE MOBILITY & DESIGN INC
2,908.00
372669
09/27/2018
AC VETERINARY SPECIALTY SERVICES
687.17
372670
09127/2018
DARREN COLE
30.00
372671
09/27/2018
LESLIE N MUNROE
26.00
372672
09/27/2018
PEOPLE READY INC
14.379.30
372673
09/27/2018
ROBERT A GORDON II
506.00
372674
09/27/2018
COLE AUTO SUPPLY INC
2,471.69
372675
09/27/2018
ELLIOTT LADRIE
45.07
372676
09/27/2018
KONICA MINOLTA BUSINESS SOLUTIONS
681.81
372677
09/27/2018
OZARK MARTERIALS LLC
26,136.00
34
TRANS NBR
DATE
VENTDOR
AMOUNT
372678
09/27/2018
BETH NOLAN
155.00
372679
09/27/2018
DAY DREAMS UNIFORMS INC
1,786.90
372680
09/27/2018
THOMAS R PILIERO
82.00
372681
09/27/2018
FIDELITY SECURITY LIFE INSURANCE COMPANY
3,077.88
372682
09/27/2018
SSE ASSOCIATES INC
240.50
372683
09/27/2018
TOTAL ADMINISTRATIVE SERVICES CORP
673.40
372684
09/27/2018
STUART RUBBER STAMP & SIGN CO INC
193.86
372685
09/27/2018
CORE & MAIN LP
1,749.88
372686
09/27/2018
GOMEZBROTHERS IRRIGATION LLC
472.50
372687
09/27/2018
WOERNER AGRIBUSINESS LLC
586.00
372688
09/27/2018
RECYCLE AWAY LLC
3,878.53
372689
09/27/2018
BOTTOMS UP BEVERAGE OF FLORIDA LLC
990.00
372690
09/27/2018
BIKE WALK INDIAN RIVER COUNTY INC
3,250.00
372691
09/27/2018
THERNELLMILLS
72.00
372692
09/27/2018
DANIEL SMITH
139.00-
39.00372693
372693
09/27/2018
EMPIRE PIPE ORLANDO LLC
1.815.30
372694
09/27/2018
ANNARAMOS
59.00
372695
09/27/2018
Al ASSETS INC
1,612.96
372696
09/27/2018
VIKING LANDSCAPING LLC
71500.00
372697
09/27/2018
ARTHUR MAYER
78.00
372698
09/27/2018
CONCORDANCE HEALTHCARE SOLUTIONS LLC
499.15
372699
09/27/2018
RAMONAMURPHY
53.50
372700
09/27/2018
BRIERLEY ASSOCIATES CORPORATION
3,632.00
372701
09/27/2018
KAITLYNN BRODE
75.00
372702
09/27/2018
VERONIQUE ORY STURIALE
120.00
372703
09/27/2018
GEM ASSET ACQUISITION LLC
737.66
372704
09/27/2018
JENNIFER COBB
80.10
372705
09/27/2018
ROBIN LANE
41.67
372706
09/27/2018
JUDY WATERS
8.86
372707
09/27/20.18
CLAUDE SMITH
26.76
372708
09/27/2018
SERGIO BERRIOS
100.00
372709
09/27/2018
JOANN WASKI
38.91
372710
09/27/2018
RIZALIANO VALES
132.10
372711
09/27/2018
MICHAEL VANCE
234.50
372712
09/27/2018
VENISE PAGE
50.00
372713
09/27/2018
KATHLEEN WYCOFF
42.51
372714
09/27/2018
REBECCA WEISMAN
45.00
372715
09/27/2018
PATRICHA POWELL
197.61
372716
09/27/2018
MICHAEL CARVER
100.00
372717
09/27/2018
AKSHAR DEVELOPMENT & INVESTMENTS LLC
5,905.83
372718
09/27/2018
CONSTITUTIONAL LIBERTY MOVEMENT INC
500.00
372719
09/27/2018
ERIKA RUVALCABA
500.00
372720
09/27/2018
ROCHEL TOPPIN
40.00
372721
09/27/2018
DAWN GONDOLI
20.00
372722
09/27/2018
DEBRA BROOKE
60.00
372723
09/27/2018
JUVENTINO GUZMAN
45.00
372724
09/27/2018
UTIL REFUNDS
40.03
372725
09/27/2018
UTILREFUNDS
52.68
372726
09/27/2018
UTIL REFUNDS
20.27
372727
09/27/2018
UTIL REFUNDS
74.21
372728
09/27/2018
UTIL REFUNDS
81.85
372729
09/27/2018
UTILREFUNDS
30.31
372730
09/27/2018
UTIL REFUNDS
39.33
372731
09/27/2018
UTILREFUNDS
239.72
372732
09/27/2018
UTIL REFUNDS
62.67
372733
09/27/2018
UTILREFUNDS
80.91
372734
09/27/2018
UTILREFUNDS
32.01
372735
09/27/2018
UTILREFUNDS
70.55
372736
09/27/2018
UTIL REFUNDS
55.12
372737
09/27/2018
UTIL REFUNDS
88.57
35
TRANS NBR
DATE
VENDOR
AMOUNT
372738
09/27/2018
UTILREFUNDS
56.70
372739
09/27/2018
UTILREFUNDS
43.74
372740
09/27/2018
UTILREFUNDS
65.67
372741
09/27/2018
UTIL REFUNDS
9..01
372742
09/27/2018
UTIL REFUNDS
28.65
372743
09/27%2018
UTIL-REFUNDS
66.42
372744
09/27/2018
UTILREFUNDS
42.36
372745
09/27/201.8
UTIL REFUNDS
42.32
372746"
09/27/2018
UTILREFUNDS
58.91
372747
09/27/2018
UTILREFUNDS
86.29
372748
09/27/2018
UTIL REFUNDS
10.04
372749
09/27/2018
UTILREFUNDS
122.46
372750
09/27/2018
UTILREFUNDS
43.18
372751
09/27/2018
UTIL REFUNDS
23.54
372752
09/27/2018
UTIL REFUNDS
6.94
372753
09127/2018
UTIL REFUNDS
34.3-9
372754
09/27/2018
UTIL REFUNDS
46.71
372755
09/27/2018
UTIL REFUNDS
34.50
372756
09/27/2018,
UTILREFUNDS
44.24
372757
09/27/2018
UTIL REFUNDS
32.50
372758
09/27/2018
UTIL REFUNDS
7.85
372759
09%27/2018
UTIL REFUNDS
37.61
372760
09/27/2018
UTIL REFUNDS
2.24
Grand Total:
1,920,540.02
36
5
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1013905
09/2512018
AT&T
3,659.70
1013906
09/25/2018
OFFICE DEPOT BSD CUSTOMER SVC
1,499.51
1013907
09/25/2018
WASTE MANAGEMENT INC
8,900.88
1013908
09/25/2018
COMCAST
84.90
1013909
09/26/2018
COMCAST
214.90
1013910
09/27/2018
AT&T
419.34
1013911
09/27/2018
OFFICE DEPOT BSD CUSTOMER SVC
4,800.28
1013912
09/21/2018
EVERGLADES FARM EQUIPMENT CO INC
2,671.46
1013913
09/27/2018
COPYCOINC
54.90
1013914
09/27/2018
NORTH SOUTH SUPPLY INC
155.54
1013915
09/27/2018
COLD AIR DISTRIBUTORS WAREHOUSE
154.05
1013916
09/27/2018
INDIAN RIVER BATTERY
1,325.95
1013917
09/27/2018
INDIAN RIVER OXYGEN INC
284.00
1013918
09/27/2018
RING POWER CORPORATION
250.88
1013919
09/27/2018
DEMCOINC
102.54
1013920
09/27/2018
MIKES GARAGE & WRECKER. SERVICE INC
563.00
1013921
09/27/2018
ST LUCIE BATTERY & TIRE CO
297.95
1013922
09/27/2018
ALLIED UNIVERSAL CORP
6,338.54
1013923
09/27/2018
IRRIGATION CONSULTANTS UNLIMITED INC
3031
1013924
09/27/2018
GROVE WELDERS INC
2,488.42
1013925
09/27/2018
SOUTHERN COMPUTER WAREHOUSE INC
66.58
1013926
09/27/2018
WIGINTON CORPORATION
570.00
1013927
09/27/2018
DUNKELBERGER ENGINEERING & TESTING
7335.00
1013928
09/27/2018
COMO OIL COMPANY OF FLORIDA
269.84
1013929
09/27/2018
PRIDE ENTERPRISES
3,880.50
1013930
09/27/2018
SHRIEVE CHEMICAL CO
4,776.39
1013931
09/27/2018
RECHTIEN INTERN ATIONA.LTRUCKS
344.42
1013932
09/27/2018
METRO FIRE PROTECTION SERVICES INC
1,281.00
1013933
09/27/20.18
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
103.64
1013934
09/2712018
AUTO PARTNERS LLC
343.68
1013935
09/27/2018
L&L DISTRIBUTORS
332.94
1013936
09/27/2018
HYDRA SERVICE (S) INC
17,192.42
1013937
09/27/2018
GUARDIAN ALARM OF FLORIDA LLC
210.00
1013938
09/27/2018
NEXAIR LLC
49.83
Grand Total:
71,053.29
37
ELECTRONIC PAYMENTS - WIRE && BCH
TRANS NBR
DATE
VENDOR
AIMOUNT
6210
09/21/2018
KIMLEY.HORN & ASSOC INC
37,078.00
6211
09/21/2018
KIMLEY HORN & ASSOC INC
2,346.21
6212
09/21/2018
IRC. FIRE FIGHTERS ASSOC
9,628.80
6213
09/21/2018
TEAMSTERS LOCALUNION #769
5,197.00
6214
09/21/2018
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
11.900.00
6215
09/21/2018
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
35,900.00
6216
09/21/2018
1 R C HEALTH :INSURANCE - TRUST
87,263.38
6217
09/21/2018
1 R C HEALTH INSURANCE - TRUST
624.395.88
6218
09/2.1/2018
MUTUAL OF OMAHA
1,687.50
6219
09/21/2018
NATIONWIDE SOLUTIONS RETIREMENT INC
4,066.55
6220
09/21/2018
NATIONWIDE SOLUTIONS RETIREMENT INC
54,790.16
6221
09/2U2018
HIGHMARK STOP LOSS
6.030.92
6222
09/21/2018
14IGHMARK STOP LOSS
18.194.12
6223
09/2112018
CHARD SNYDER & ASSOCIATES INC
96.80
6224
09/21/2018
TOTAL ADMINISTRATIVE SERVICES CORP
11,025..15
6225
09/21/2018
THALLE CONSTRUCTION CO INC
1,071,425.06
6226
09/21/20,18
RX BENEFITS .INC
2561612.71
6227
09/24/2018
FL SDU T
6,689.75
6228
09/24/2018
IRS-PAYROLLTAXES
408.73
6229
09/24/2018
IRS -PAYROLL TAXES
424,395.45
6230
09/24/2018
VEROTOWN LLC
5,896.28
6231
09/25/2018
ELITE TITLE
17,560.00
6232
09/26/2018
AMERICAN FAMILY LIFE ASSURANCE CO
18.254.32
6233
09/26/2018
ALLSTATE
224.14
6234
09/26/2018
MUTUAL OF OMAHA
7,244.86
Grand Total:
2,718,311.77
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801271 Street
Vero Beach, FL 32960
TO: .HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: October 4, 2018
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
September 28, 2018 to October 4, 2018
In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued
by the Board of County Commissioners are to be recorded in the Board minutes.
Approval is requested for the attached lists of checks and electronic payments, issued by the
Comptroller's office., for the time period of September 28, 2018 to October 4, 2018.
:.G
39
CHECKS WRITTEN
TRANS NUR
DATE
VENDOR
AMOUNT
372761
09/28/2018
FLORIDA POWER AND LIGHT
417220.14
372762
09/28/2018
FLORIDA POWERAND LIGHT
533.47
372763
09/28/2018
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
100.00
372764
09/28/2018
HEATHER MC COLLOM
250.00
372765
09/28/2018
SH.EJI.LLC
443.00
372766
09/28!2018
TOMAS MEI.LAN
1.187.38
372767
09/28/2018
MICHAEL HARRISON
333.29
372768
10/01/2018
PAUL CARONE
6,096.00
372769
10/01/2018
WILLIE C REAGAN
3,096.00
372770
10/01/2018
LARRY STALEY
593.00
372771
10/01/2018
PINNACLE GROVE LTD
2,999.00
372772
10/01/2018
VERO CLUB PARTNERS LTD
1,838.00
372773
10/0112018
DAVID SPARKS
1,407.00
372774
10/01/2018
THE PALMS AT VERO'BEACH
2,095.00
372775
10/01/2018
JOHN OLIVIERA
716.00
372776
1010112018
ARTHUR.PRUETT
756.00
372777
10/01/2018
MIC.HAELJAHOLKOWSK.1.
547.00
372778
10/01/2018
LUCY B HENDR.ICKS
757.00
372779
10/01/2018
ROBERT". 1,BRACK:ETT
515.00
372780
10/01/2018
SYLV ESTER MC INTOSH
365.00
372781
10/01/2018
PAULA WHIDDON
553.00
372782
10/01/2018
JAMES W DAVIS
372.00
372783
10/01/2018
NITA E7X.LL
609.00
372784
10/01/2018
MISS INC OF THE TREASURE COAST
2,342.00
372785
10/01/2018
DANIEL CORY MARTIN
3.602.00
372786
10/01/2018
FIVE STAR PROPERTY HOLDING LLC
830.00
372787
10/01/2018
MARK BAER
3,297.00
372788
10/01/2018
JUAN CHAVES
700.00
372789
10101/2018
INDIANTOWN NON-PROFIT HOUSING INC
670.00
372790
10/01/2018
AUGUSTUS B FORT JR
641.00
372791
10/01/2018
HRH SHA'DOWBROOK LLC
563.00
372792
10/0112018
VE'RO'BEACH PLACE LLC
3,255.00
372793
10/01/2018
GNS REAL ESTATE HOLDINGS LLC
1.353.00
372794
10/01/22018
COALITION FOR ATTAINABLE HOMES INC
1.107.00
372795
10/01/2018
HELPING HANDS REAL ESTATE R INVESTMENT CO
5.265.00
372796
10/01/2018
ALIX DENAEAU
750.00
372797
10/01/2018
JOHN K. GERRATO
818.00
372798
10/01/2018
1135 RENTALS LLC
778.00
372799
10/01/2018
BLUE DRAGON MANAGEMENT LLC
1,100.00
372800
10/01/2018
MCLAUGHLTN PROPERTIES LLC
2,175.00
372801
10/012018
HOWARDR, B.R.ENNAN
556.00
372802
10/012018
NKW PIP .HOLDINGS 1 LLC
2,889.00
372803
10/01/2018
MAXIPLEX LLC
1,814.00
372804
10/01/2018
RANDY BETHEL
751.00
372805
10/01/2018
WATSON REALTY GROUP
800.00
372806
10/01/2018
KARL POKRANDT
747.00
372807
10/01/2018
570 13TI•I PLACE LLC
723.00
372808
10/012018
BRANDONROUER
2905.00
372809
10/01/2018
JEANNE E BI'ERMAN
663.00
372810
10/01/2018
HUDSON CONSULTING & MANAGEMENT LLC
552.00
372811
10/012018
PALMETTO PROPERTY MANAGEMENT CORP
935.00
372812
10/01/2018
ORANGE COUNTY HOUSING & C D
679.08
372813
10/0/2018
VERO BEACH EDGEWOOD PLACE LP
566.00
372814
10/01/2018
GRACES LANDING LTD
9,605.00
3728.15
10/01/2018
LINDSEY GARDENS LTD
4.337.00
372816
10/0.1/2018
WILLIE C REAGA.N
445.00
372817
10/01/2018
RIVER :PARK ASSOCIATES LIMITED
14,684.00
372818
10/012018
CREATIVE CHOICE HOMES XVI :LTD
12.727.00
40
TRANS NBR
DATE
VENDOR
AMOUNT
372819
10/01/2018
DAVID YORK
501.00
372820
10/01/2018
ST .FRANCIS MANOR OF VERO BEACH
256.00
372821
10/01/2018
TREASURE COAST HOMELESS SERVICES
1,080.00
372822
10/01/2018
FLORIDA POWER AND LIGHT
14.00
372823
10/01/2018
VENETIAN APARTMENTS OF VERO BEACH
386.00
372824
10/01/2018
PINNACLE GROVE LTD
7,081.00
372825
10/01/2018
VERO CLUB .PARTNERS LTD
14,932.00
372826
10/01/2018
DAVID SPARKS
378.00
372827
10/01/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
159.00
372828
10/01/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
116.00
372829
10/01/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
407.00
372830
10/01/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
417.00
372831
10/01/2018
INDIAN RIVER COUNTY.14OUSING AUTHORITY
560.00
372832
10/01/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
2,075.00
372833
10/01/2018
CRAIG MERRILL
1,095.00
372834
10/01/2018
CHRISTINE SALTER
477.00
372835
10/01/2018
H.AGGERTY FAMILY LTD
369.00
372836
10/01/2018
SUNQUEST INC
5,136.00
372837
10/01/2018
THE PALMS AT VERO BEACH
12.370.00
372838
10/01/2018
DAVID CONDON
657.00
372839
10/01/2018
HILARYMCIVOR
702.00
372840
10/01/2018
PAULA LANE
450.00
372841
10/01/2018
PELICAN ISLES LP
7,906.00
372842
10/01/2018
SUNCOAST REALTY & RENTAL MGMT LLC
4.041.00
372843
10/01/2018
OAK RIVER PROPERTIES INC
433.00
372844
10/01/2018
SONRISE VILLAS LTD
1,891.00
372845
10/01/2018
ADINA GOLDMAN
542.00
372846
10/01/2018
INDIAN RIVER RDA LP
4,631.10
372847
10/01/2018
GEORGE THUYNS
638.00
372848
10/01/2018
LAZY J LLC
1.943.00
372849
10/01/2018
JESSE LEWIS
667.00
372850
10/01/2018
SYLVIA MCNEILL
727.00
372851
10/01/2018
SKOKIE HOLDINGS INC
468.00
372852
10/01/2018
ROGER WINSLOW
458.00
372853
10/01/2018
OSLO VALLEY PROPERTIES INC
185.00
372854
10/01/2018
SAID S MOOBARK
1,325.00
372855
10/01/2018
LINDSEY GARDENS II LTD
6,894.00
372856
10/01/2018
ANTHONYARROYO
685.00
372857
.10/01/2018
AHS HOLDINGS GROUP LLC
1,814.00
372858
10/01/2018
DANIEL CORY MARTIN
732.00
372859
10/01/2018
YVONNE KOUTSOFIOS
54.00
372860
10/01/2018
ALAN RTOKAR
679.00
372861
10/01/2018
VERO BEACH VILLAS I LLC
457.00
372862
10/01/2018
BRIAN E GALLAGHER
530.00
372863
10/01/2018
HOUSING AUTHORITY
775.08
372864
10/01/2018
STEPHANIE WATC14EK FOUNTAIN TRUST
162.00
372865
10/01/2018
SCOT WILKE
501.00
372866
10/01/2018
THEODORE BARTOSIEWICZ
505.00
372867
10/01/2018
FOUNDATION FOR AFFORDABLE RENTAL
18.994.00
372868
10/01/2018
RICHARDKUSSER.OW
469.00
372869
10/01/2018
ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY IT
509.00
372870
10/01/2018
SONRISE VILLAS It LLC
320.00
372871
10/01/2018
JOHN T STANLEY
782.00
372872
10/01/2018
WEDGEWOOD RENTALS LLC
1.559.00
372873
10/01/2018
ALMA LUCKETT
825.00
372874
10/0.1/2018
MCLAUGHLIN PROPERTIES LLC
1,018.00
372875
10/01/2018
MCLAUGHLIN PROPERTIES LLC
497.00
372976
10/01/2018
JOYCE BODANZA
593.00
372877
10/01/2018
MYRIAMMELENDEZ
460.00
372878
10/01/2018
WATSON REALTY GROUP
3,955.00
41
TRANS NRR
DATE
VENDOR
AMOUNT
372879
10/0112018
JAMES R LYONS
407.00
372880
10/01/2018
SHEJI LLC
443.00
372881
.10/01/2018
INDIAN RIVER COUNTY FIEALTH .DEPT
58,022.25
372882
10/01/2018
VICTIM ASSISTANCE PROGRAM
5,746.87
372883
10/01/2018
FLORIDA DEPT OF AGRICULTURE AND
13,821.36
372884
10/01/2018
RIVERFRONT HOTEL LLC
387.00
372885
10/01/2018
FLORIDA RECREATION & PARK ASSOC INC
160.00
372886
10/01/2018
BANK OF NEW YORK
1.550.00
372887
10/01/2018
ST LUCIE COUNTY BOCC
37,863.99
372888
10/010-018
PRIMA
150.00
372889
10/01/20.18
FL ASSOC FOR INTERGOVERNMENTAL RELATIONS
100.00
372890
10/02/2018
GR:EENE INVESTMENT PARTNERSHIP LTD
3,893.23
372891
.10/02120.18
CITY OF VERO BEACH
21169.15
372892
10/02/2018
CITY OF VERO BEACH
11,787.50
372893
10/04/2018
STURGIS LUMBER & PLYWOOD CO
652.64
372894
10/04/2018
JORDAN MOWER INC
1,006.00
372895
10/0412018
COMMUNICATIONS INTERNATIONAL
324.00
372896
10/04/2013
TEN -8 FIRE EQUIPMENT INC
7,784.07
372897
10/04/2018
VERO CHEMICAL DISTRIBUTORS INC
342.35
372898
10/04/2018
RICOH USA INC
162.98
372899
10/04/2018
C.HISIIOLM CORP OF VERO
516.60
372900
10/04/2018
14ENRY SCHEIN INC
1,007.05
372901
10/04/2018
SEWELL HARDWARE CO INC
571.52
372902
10/04/2018
GRAINGER
2,641.34
372903
10/04/2018
VERO MARINE CENTER INC
81570.00
372904
10/04/2018
GAYLORD BROTHERS INC
1,322.71
372905
10/04/2018
WILD LAND ENTERPRISES INC
450.00
372906
10/04/2018
AVERY DENNISON CORPORATION
111.00
372907
10/04/2018
ALLIED ELECTRONICS INC
1.007.90
372908
10/04/2018
JAMAR TECHNOLOGIES INC
827.00
372909
10/04/2018
TIRESOLES OF BROWARD INC
9,879.05
372910
10/04/2018
ADVANCED AI.RASSOCIATES INC
4,482.00
372911
1.0/04/2018
CITY ELECTRIC SUPPLY
127.95
372912
10/04/2018
CARTER ASSOCIATES INC
4,.110.00
372913
10/04/2018
ARM] -'11: -:LD WAGNER APPRAISAL AND RESEARC14 INC
3,300.00
372914
10/04/2018
DELL MARKETING .LP
318.00
372915
10/04/2018
BLAKESLEE SERVICES INC
710.00
372916
10/04/2018
BAKER & TAYLOR INC
1,304.33
372917
10/04/2018
MIDWESTTAPE.LLC
1,701.11
372918
10/04/2018
VERO RADIOLOGY ASSOCIATES INC
11,990.00
372919
10104/2018
MICROMARKETING LLC
65.54
372920
10/04/2018
BAKER DISTRIBUTING CO LLC
245.91
372921
10/04/2018
CENGAGE LEARNING INC
215.94
372922
10/04/2018
PALM TRUCK CENTERS INC
2,_145.59
372923
10/04/2018
GO COASTAL INC
611.00
372924
10/04/2018
SOFTWARE HARDWARE INTEGRA.FION
912.00
372925
10/04/2018
ENNIS-FLINT INC
845.00
372926
10/04/2018
INDIAN RIVER COUNTY HEALTH DEPT
77.73
372927
10/0412018
CITY OF VERO BEACH
4,960.53
372928
10/04/2018
PETTY CASH
11.98
372929
10/04/2018
NAN MCKAY AND ASSOCIATES INC
224.00
372930
10/04/2018
LIVINGSTON PAGE
134.00
372931
10/04/2018
TREASURE COAST HOMELESS SERVICES
800.00
372932
1010402018
PUBLIX SUPERMARKETS
19.07
372933
10/04/2018
ACUSHNET COMPANY
1,745.23
372934
10/04/2018
ST JOHNS RIVER WATER MGMT DISTRICT
250.00
372935
10/04/2018
ST JOHNS RIVER WATER MGMT DISTRICT
250.00
372936
10/04/2018
FEDERAL EXPRESS CORP
88.20
372937
10/04/2018
INFORMATION TODAY INC
684.53
372938
10/04/2018
ELIZABETH MARTIN
97.01
42
Y
TRANS NBR
DATE
VEN'DO'R
AMOUNT
372939
10/04/2018
TYLER TECHNOLOGIES INC
580.00
372940
10/04/2018
FLORIDA POWERAND LIGHT
107,719.85
37294.1
10/0412018
FLORIDA :POWER AND LIGHT
1,641.39
372942
10/04/2018
JAMES GRAY JR
458.33
372943
10/04/2018
BRE-CLEARWATER.ORrNER LLC
129.00
372944
10/04!20.18
JASON E BROWN
122.82
372945
10/042018
SASAN ROI-IANI
180.86
372946
10/042018
TREASURE COAST SPORTS COMMISSION INC
5,000.00
372947
10/042018
MYLES BROWN
94.00
372948
101042018
HENRY SMITH
1.34.00
372949
10/04/2018
G K ENVIRONMENTAL INC
1,437.50
372950
10/04/2018
SANDERS COMPANY INC
12,575.00
372951
10/04/2018
FORESTRY SUPPLIERS INC
521.84
372952
10/0412018
BLUE CROSS BLUE SHIELD
573.22
372953
10/04/2018
INTERNATIONNAL CODE COUNCIL INC
23.00
372954
10104/2018
HUMANA
90.79
372955
10/042018
SCOTT SEELEY
53.00
372956
10/04/2018
INDIAN RIVER COUNTY HOUSING AUTHORITY
400.00
372957
10/042018
STAN BOLING
69.00
372958
10/042018
BRI DG ESTONE AMERICAS INC
1,188.94
372959
10/042018
SCHOOL DISTRICT OF'1 R COUNTY
19,339.97
372960
10/04/2018
ECONOLITE CONTROL PRODUCTS INC
1,447.00
372961
10/04/.2018
ARCADIS U S INC
53,_866.56
372962
10/042018
PUKKA INC
424.08
372963
10/042018
TRANE US INC
61_.853.32
372964
10/04/2018
WILLIAM SCH'UTT
101.34
372965
10/042018
U S BANK NATIONAL ASSOCIATION
944.69
372966
10/04/2018
FLORIDA DEPT OF JUVENILE JUSTICE
25,476.00
372967
10/04/2018
VAN WAL INC
938.00
372968
.10/042018
SYNAGRO-WWT INC
67,782.14
372969
10/042018
BIG BROTHERS AND BIG SISTERS
1,875.00
372970
10/04/2018
BIG BROTHERS AND BIG SISTERS
10,586.00
372971
10/04/2018
SNL INC
945.55
372972
10/042018
FASTENAL COMPANY
11.66
372973
10/042018
THE SHERWIN WILLIAMS CO
930.47
372974
101042018
MARY L MURRAY
250.00
372975
10/04/20.18
SOUTHERN JANITOR SUPPLY INC
2,236.35
372976
10/04/2018
NATIONAL SAFETY COUNCIL
135.58
372977
10/042018
M13V ENGINEERING INC
75.00
372978
10/042018
MASTELLER & MOLER INC
15_,867.50
372979
10104/2018
STAPLES CONTRACT & COMMERCIAL INC
50437
372980
10/042018
GLOVER OIL COMPANY INC
60,425.10
372981
10/042018
ADMIN FOR CHILD SUPPORT ENFORCEMENT
294.93
372982
10/042018
ADMIN FOR CH.(.LD SUPPORT ENFORCEMENT
298.93
372983
10/04/2018
ADMIN .FO.R CHILD SUPPORT ENFORCEMENT
166.80
372984
10/04/2018
LARRY STEPHENS
60.00
372985
10/04/2018
DAVID SMITH
68.30
372986
10/042018
WILEY, CHARLES P
81.78
372987
10/042018
PETER OBR.YAN
171.82
372988
10/04/2018
SONR.ISE VILLAS LTD
500.21
372989
10/042018
SUMMER LINS MARINE CONST LLC
2,200.00
372990
101042018
GLOBALSTAR USA
182.43
372991
10/042018
FISHER & PHILLIPS LLP
53.00
372992
10/04!2018
SUPERIOR SHEDSANIC.
5,200.00
372993
10/042018
CEMEX INC
1,076.00
372994
10/04/2018
BRIAN FREEMAN
250.00
372995
10/04/2018
INDIAN RIVER SOCCER ASSOCIATION
500.00
372996
10/04/2018
LEIBNITZER, CHARLES
93.74
372997
10/04/2018
JANET ORTOLF
7.43
372998
10/042018
NICHOLAS CASALINA
75.00
43
TRANS NBR
DATE,
VENDOR
AMOUNT
372999
10/042018
VERO BEACH BROADCASTERS LLC
400.00
373000
10104/2018
K.WACKS INC
16,309.08
373001
10/04/2018
ROBERT SOLARI
175.38
373002
10/042018
NICOLACE MARKETING .INC
180.00
373003
10/042018
COASTAL TURF INC
2.000.00
373004
10/042018
I-I.MA-SOLANTIC JOINT VENTURE LLC
15.00
373005
10/042018
GARRETT SMITH
40.00
373006
10/042018
WEST CONSTRUCTION INC
512,933.81,
373007
10/042018
BRENNTAG MID-SOUTI-1 INC
5.097.98
373008
10/042018
D J P GENERAL CONTRACTING SERVICES INC
56,994.00
373009
10/04/2018
ATLANTIC COASTAL LAND TITLE CO LLC
150.00
373010
10/04/20.18
HIGHERGROUND INC
1,530.00
373011
10/042018
ECMO
281.85
373012
10/04/2018
YOUR AQUA INSTRUCTOR LLC
120.00
373013
10/042018
GFA INTERNATIONAL INC
595.00
373014
10/042018
MOORE MOTORS INC
45.35
373015
10/04/2018
TIM 70RC
46.64
373016
101042018
LOWES HOME CENTERS INC
7.776.84
373017
101042018
KYLE ANDERSON
300.00
373018
10/042018
TREASURE COAST TURF INC
961.95
373019
10/042018
PENGUIN RANDOM HOUSE I_LC
194.40
373020
101042018
STRAIGHT OAK LLC
109.45
373021
10/042018
AFFORDABLE TRAILER SERVICE AND SUPPLY INC
7,199.00
373022
10/042018
SUSAN ADAMS
144.10
373023
10/042018
FAMILY SUPPORT REGISTRY
9.66
373024
10/04/2018
MARKETING SPECIALTIES OF GEORGIA LLC
9,729.15
373025
10/042018
BERNARD EGAN & COMPANY
4.302.50
373026
10/042018
EAST COAST VETERINARY SERVICES LLC
65.00
373027
10/04/2018
NAPIER.& ROLLIN PLLC
97.50
373028
10/04/2018
BRYAN CAVE 1.1,11
60,392.05
373029
10/042018
FOUNDATION FORAFFORDABLE RENTAL
1.125.00
373030
101042018
PRESTIGE HEALTH CHOICE
91.53
373031
10/042018
PRESTIGE HEALTH CHOICE
356.30
373032
10/04/201,8
COSTELLO BROTHERS MARINE CONSTRUCTION INC
5,301.90
373033
10/042018
CATHEDRAL CORPORATION
16,500.00
373034
10104/2018
TC ENTERPRISE OF THE TREASURE COAST INC
9,700.00
373035
10,1042018
TC ENTERPRISE OF THE TREASURE COAST INC
31,103.00
373036
10!042018
TC ENTERPRISE OF THE TREASURE COAST INC
48.218.00
373037
10/042018
UNIFIRST CORPORATION
277.23
373038
10/042018
CDA SOLUTIONS INC
22.068.97
373039
10/042018
SUNSHINE HEALTH PLAN MEDICAID
411.46
373040
10/042018
SITEONE LANDSCAPE SUPPLY LLC
2,500.00
373041
10/042018
GOTTA GO GREEN ENTERPISES INC
59.27
373042
10/04/2018
ADVANCE STORES COMPANY INCORPORATED
333.94
373043
10/04/2018
EGP DOCUMENT SOLUTIONS LLC
59.00
373044
10/042018
NORTI I AMERICAN OFFICE SOLUTIONS INC
4.00
373045
10/042018
FLORIDA EAST COAST HOLDINGS CORP
13,119.13
373046
10/042018
BUSY BEE LAWN & GARDEN CENTER INC
12.01
373047
10/04/2018
JILLIAN SPARKS
182.67
373048
10/042018
PEOPLE READY .INC
1.179.84
373049
10/042018
COLE AUTO SUPPLY INC
917.75
373050
10!04.2018
NORTII CAROLINA DEPARTMENT OF REVENUE
104.35
373051
10/042018
ALLAN D KELLERMAN
11,550.00
373052
10/042018
QUIKRETE HOLDINGS INC
2.086.55
373053
10104/2018
THOMAS R PILIERO
36.00
373054
10/042018
AQUATIC SYNERGY LLC
40.00
373055
10/042018
HARAK14INC
500.00
373056
10/04/2018
RELX INC
400.00
373057
10/042018
ENVIRONMENTAL OPERATING SOLUTION INC
8,058.58
373058
10/042018
AMATEUR ATHLETIC UNION OF THE US INC
3,500.00
44
TRANS NBR
DATE
VENDOR
AMOUNT
373059
10/04/2018
RICHARD NA:LBANDIAN
116.00
373060
10/0412018
DJD EQUIPMENT HOLDINGS LLC
88.04
373061
10/04/2018
THERNELL MILLS
72.00
373062
10/04/2018
CHANGE.H.EALTHCARELLC
35,163.96
373063
10/04/2018
ASURE SOFTWARE INC
2.000.00
373064
10/04/2018
TYCO FIRE & SECURITY MANAGEMENT INC
11.240.00
373065
10/04/20.18
MIRION TECHNOLOGIES INC (CANBERRA)
389.86
373066
10/04/2018
GN ASSOCIATES INC
6.432.89
373067
10/0412018
MRI SOFTWARE .LLC
4,756.94
373068
10/04/2018
KAITLYI\1N BRO'DE
75.00
373069
10/04/2018
LOR'LOR ENTERPRISES CORPORATION
150.00
373070
10/04/2018
FREEDOM SCIENTIFIC BLU GROUP LLC
1.300.00
373071
10/04/2018
FL 911 COORDINATORS ASSOCIATION INC
100.00
373072
10/04/2018
FL 911 COORDINATORS ASSOCIATION INC
30.00
373073
10/04/2018
JAMES MANN
111.21
373074
10/04/20.18
SOUTHERN COATINGS INC
2,009.85
373075
10/04/2018
AMY BOTKE
102.48
373076
10/04/2018
HAMILTON SMITH
90.05
373077
10/04/2018
GLADYS MILLER
7.31
373078
10/04/2018
JASON MORANIS
19.77
373079
10/04/2018
ISABELLE MUTH
88.28
373080
10/04/2018
LOUISA MILAM
91.28
37308.1
10/04%2018
PEGGY O WOOD
78.39
373082
10/0412018
SHEILA MCCARTHY HIGGINS TRUST
96.91
373083
10/04/2018
LETIVIA FLOWERS
10.00
373084
10/04/2018
ADRIENNE LIEBERMAN
93.88
373085
10/04/2018
JAMES CARTMELE
94.18
373086
10/04/2018
JEAN JONES
90.94
373087
10/04/2018
LAURA L LADRIE
50.00
373088
10/04/2018
LEE R MOORE
90.80
373089
10/04/2018
MARLOWE O ARNOLD
91.82
373090
10/04/2018
ROBERT E 14AEFNER
89.31
373091
10104/2018
ROSA.LIE ALBERT
2.12.11
373092
10/04/2018
COMMONWEALTH OF MASSACHUSETTS
154.00
Grand Total:
1,892,219.77
45
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1013939
09%28/2018
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
239.40
1013940
09/28/2018
AUTO PARTNERS LLC
293.07
10.13941
10/02/2018
AT&T
19.897.98
1013942
10/02/2018
OFFICE DEPOT BSD CUSTOMER SVC
2,343.78
1013943
10/02/2018
FLORIDA DEPT OF ENVIRONMENTAL. PROTECTION
4,500.00
1013944
10/04/2018
ROBINSON EQUIPMENT COMPANY INC
3,399.88
1013945
10/04/2018
NORTH SOUT14 SUPPLY INC
436.26
1013946
10/04/2018
HELENA CHEMICAL
1.368.20
1013947
10/04/2018
APPLE INDUSTRIAL SUPPLY CO
488.91
1013948
10/04/2018
GROVE WELDERS INC
4,.185.79
1013949
10/0412018
SOUTHERN COMPUTER WAREHOUSE;INC
2,028.09
1013950
10/04/2018
WIG.INTON CORPORATION
494.00
1013951
10/04122018
COMPLETE RESTAURANT EQUIPMENT LLC
4,458.03
013952
10/04/2018
TOTAL TRUCK PARTS INC
2.59
1013953
10/04/2018
COMO OIL COMPANY OF ;FLORIDA
52.71
1013954
10/0410-018
METRO FIRE PROTECTION SERVICES INC
134.85
1013955
10/04/2018
PIONEER MANUFACTURING
957.00
1013956
10/04/2018
GUARDIAN ALARM OF FLORIDA LLC
199.75
1013957
10/04/2018
NEX.AIRLLC
1,038.65
1013958
10/04/2018
COMCAST
508.19
Grand Total:
47,026.13
46
ELECTRONIC PAYMENTS - WIRE & ACH
6235
09/28/2018
CLERK OF CIRCUIT COURT
40.88
6236
09/28/2018
CDM SMITH INC
18,996.00
6237
09/28/2018
INDIAN RIVER COUNTY SHERIFF
1,863.84
6238
09/28/2018
INDIAN RIVER COUNTY SHERIFF
2,877.50
6239
09/28/2018
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
200.00
6240
09/28/2018
1 R C HEALTH INSURANCE - TRUST
5,875.25
6241
09/28/2018
RUSSELL PAYNE INC
88,543.00
6242
09/28/2018
U S BANK NATIONAL ASSOCIATION
143,937.50
6243
09/28/2018
MUTUAL OF OMAHA
16,713.45
6244
09/28/2018
VEROTOWN LLC
21,164.89
6245
09/28/2018
HIGHMARK STOP LOSS
101.36
6246
10/01/2018
ST LUCIE BATTERY & TIRE CO
1,000.00
6247
10/01/2018
CLERK OF CIRCUIT COURT
86,776.25
6248
10/01/2018
INDIAN RIVER COUNTY PROPERTY APPRAISER
901,400.25
6249
10%01/2018
INDIAN RIVER COUNTY SHERIFF
4,076,514.22
6250
10/01/2018
INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
339,520.96
6251
10/02/2018
SENIOR RESOURCE ASSOCIATION
32,177.54
P -CARD
10/02/2018
TD BANK, N.A.
24,707.16
6252
10/03/2018
RX BENEFITS INC
199,972.89
6253
10/04/2018
STEWART.TITLE. COMPANY INC
15,000.00
6254
10/04/2018
FL RETIREMENT SYSTEM
608,772.43
Grand Total:
6,586,155.37
47
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Andy P. Sobczak, Infrastructure Project Manager
SUBJECT: Indian River County Administration Complex
Buildings A & B Roof Replacement, IRC -1705
Release of Retainage and Change Order No. 1
DATE: September 21, 2018
DESCRIPTION AND CONDITIONS
On May 2, 2017, the Board of County Commissioners awarded Bid No. 2017040 to Advanced Roofing, Inc.
in the amount of $1,829,671.40 for the removal and disposal of the existing tile roof system at County
Administration Complex Building A and B, and replacement with a new metal roof to provide a complete,
watertight, 20 -year warrantable roof assembly.
Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total
contract amount by $91,475.20, for a final cost of $1,738,196.20.
Advanced Roofing, Inc. has successfully completed the project and has been paid $1,651,286.39 with
$86,909.81 held in retainage to date. Advanced Roofing, Inc. has submitted Contractor's Application for
Payment No. 7 for release of retainage in the amount of $86,909.81. 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 from Optional Sales Tax/Admin Complex Roof Replacement/Retainage - Account
Number 315-206000-16003 in the amount of $86,909.81.
RECOMMENDATION
Staff recommends. approval of Change Order No. 1 and payment of Application for Payment No. 7 to
Advanced Roofing, Inc. in the amount of $86,909.81 for release of retainage.
ATTACHMENTS
1. Contractor's Application for Payment No. 7
2. Change Order No. 1
APPROVED AGENDA ITEM FOR OCTOBER 16.2018
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECOC89E2\@BCL@ECOC89E2.doc
SECTION 00622 - Contractor's Application for Payment
INDIAN RIVER COUNTY ADMINISTRATION COMPLEX
BUILDINGS A & B ROOF REPLACEMENT
Application for Payment No. 7
For Work Accomplished through the period of Start 07/01/17 through 07/20/2018
To: Indian River County (OWNER)
From: Advanced Roofing, Inc. (CONTRACTOR)
Bid No.: 2017040
Project No.: 1705
1) Attach detailed schedule and copies of all paid invoices.
1. Original Contract Price: $1.829.671.40
2. Net change by Change Orders and Written Amendments (+ or -): 1
3. Current Contract Price (1 plus 2): $1,829,671.40
4. Total completed and stored to date: $1,738.196.20
5. Retainage (per Agreement):
100% of completed Work:
0% of retainage: $
Total Retainage:
6. Total completed and stored to date less retainage (4 minus 5): $1,738.196.20
7. Less previous Application for Payments: $1,651,286.39
8. DUE THIS APPLICATION (6 MINUS 7): $86,909.81
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;
Indian River Pay App 7 07-20-18
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2. Updated Construction Schedule per Specification Section 01310, and
Dated
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Page 2 of 5
__..0---_
(CONTRACTOR - must be signed by
an Officer of the Corporation) 1t�
1 j"(Cf Q -C [ Aw�Lc""IJ, VT.'
Print Name and Title
Before mey a- Notary Public, duly commissioned, qualified, and acting, personally appeared
ta�ze( Ft�ncr�7n who being by me first duly sworn upon oath, says that he/she is the
e 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 erein are true, correct, and complete. Subscribed and sworn to before
me this qday of OW , 20
f
,,% -C/WX/ is personally known to me , or has produced
0LOsj�O
(SEAL) •,����'
s oa';•.
v $FF 969856
B04ded �h�O ��0•
A��i//,AUC,
Please remit paernili+d�;���
as
NOTARY PUBLIC: — -�
Printed name: /
Commission do.:
Commission Exp
Contractor's Name: Z)0V01rM0 7�117rl • -4-00`,
Address:
orf /azc610�2& /Q .333ff
[The remainder of this page was left blank intentionally]
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Page 3 of 5
SURETY'S CONSENT OF PAYMENT TO CONTRACTOR:
The Surety, The Guarantee Company of North America USA
One Towne Square, Suite 1470. Southfield. MI 48076
,a
corporation, in accordance with Public Construction Bond Number 80143684 , 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:
The Guarantee Company of North America USA
SecrefaW Corporate Surety
One Towne Square. Suite 1470
Southfield, MI 48076
Busin ss Address
rint Name: William Grefe Griffin
Title: Attomey-in-Fact
(Affix Corporate SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared
William Grefe Griffin , to me well known or who produced
as identification, w o being y me first duly sworn
upon oath, says that _4e/she is the Attorney -in -Fact for
and that he/she has been authorized by *See Below 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 20th day of
Jam, 20 2018.
01t1/N4S"
TORRETAYLOR Notary Public, State of on a
MycOMMISSION#FF213292 My Commission Expires: March 24, 2019
EKpIRES: MAR 24,2019
Bonded hough 1st State Insurance
rantee Company of North America USA
[The remainder of this page was left blank intentionally]
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51
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 9 ( 251 18
�- 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 I
am not in a position to accurately determine that issue. /�
Dated `t 1Z'3 /+ i,
SIGNATURE
[The Remainder of This Page Was Left Blank Intentionally]
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52
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):
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):
Indian River Pay App 7 07-20-18
00622-5
S:WccountinglCollections ANNA%Bi11ing\17R0361Pay App 7 Final\Indian River Pay App 7 07-20-18.doc Rev. 05/01 - 53
TME The Guarantee Company of North America USA
GUARANTEE'" Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Michael Marino, William Greta Griffin, Torre Taylor, Ricardo Davila Lamar, Elizabeth De La Caridad Lang
American Global, LLC
its true and lawful attorney(s)4n-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney N executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 310 day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
To appoint Attorney(s)4n-fact, and to authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and
To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attomey-in-fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Depadment of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seat of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually Mixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 2n°day of October, 2015.
STATE OF MICHIGAN
County of Oakland
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Stephen C. Ruschak, President & Chief Operating Officer
Randall Musselman, Secretary
On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said company.
Cynthia A. Takai
Pi
Notary Public, State of Michigan
County of Oakland
f o'rft" My Commission Expires February 27, 2018
a Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
r/
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is stili in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this GU' day of j t„() LA ,201b,
�9 Randall Musselman, Secretary
BUILDINGS AAND B ROOF REPLACEMENT PAY APP NO. 5
PROJECT NO.
IRC -1715
0
55
SCHEDULED VALUE
PREVIOUS APPLICATION
THIS PERIOD TOTAL COMPLETED
%
MATERIALS
BALANCE TO FINISH
nam wo.
QAP-0-051 �', 4PPL, TV
T11*xW--1',i,
A, Mike"
I
Building W install new standing seam roof system - provided per
plans set
1
LS
662,855.00
662,855.00
1.00
662,855.00
IDO 662,855.00
200.00-A
0.00
0.00
0.00
2
Building "A" replace existing nallbase insulation with a Minimum two
layers of 1.1s polyfso boards (minimum R-20)
53,213
SF
4.35
231,476.55
53,213.00
231,476.55
53,213.00 231,476.55
100.00%
0.00
0.00
0.00
3
Building "A' repair damaged and mated steel decking (16 CA)
2.000
SF
12.51)
25,000.00
0.00
0100
0.00 0.00
0.00%
0.4110
2,00D.D0
25,000.00
4
Building "B" install newidarding seam roof system -provided per
Plans set
I
LS
581.670.00
581,670.00
LOO
591,670.00
LOO 581,670.00
200.00%
0.00
0.00
0.00
5
Building "B" replace misting failbase insulation boards with a
rnirlmum� layers of 10 polylso, boards (minimum R-20)
46,131
SF
4.35
200,669.85
46,131.00
200,669.85
46,131.00 200,669.85
100.00%
0.00
0.00
0.00
6
Building 'Er repair damaged and rusted steel docking (16G4.)
2...
F
12.60
25,000.00
0.00
0.00
0.00 0.00
0.00%
0.00
2,000.00
25,000.00
7
Replace damaged or deteriorated mod blocIdna
BF
Z..
3,000.()0
1,500.00
3,000.00
1,500.00 3,000.00
100.00%
0.00
0.00
0.00
FORCE ACCOUNT
SUBTOTAL
Im
SUBTOTAL
1,729,67L40
41,475.20
SUBTOTAL
2,679,67L40
SUBTOTAL 0.00 SUBTOTAL 1,679,671.40
SUBTOTAL
Ill
SUBTOTAL
50,000.00
41,475.20
wcol
Wiry & Generator roofs
I
LS
26,300.00
26,300.00
1.00
26,300.00
LOO 25,300.00
100.00%
0.00
0.00
0.00
WCD2
Additional Footage
1
LS
32.224.00
32,224.80
LDO
32,224.80
1.00 32,224.90
100.00%
0.00
0.00
0.00
TOTAL
TOTAL
1,829 671.40
TOTAL
1,738,296.20
TOTAL 0.00 TOTAL 1,738,196.20
TOTAL
0.00
TOTAL
91A75.20
AMOUNT COMPLETED TO DATE
MATERIALS STORED TO DATE
SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE
RETAINAGE OF WORK COMPLETED AT S%
TOTAL COMPLETED AND STORED LESS RETAINAGE
LESS PREVIOUS PAYMENT
AMOUNT DUE CONTRACTOR
$1,738,196.20
$2,736,1%.20
$0.00
$1,738,196.20
$1165IX6.39
$96,90.81
0
55
CXp�R1ENC C. MATT[R9,
ADVANCED Roo F•ItVG:
ADVANCED ROOFING INC
1950 NW 22nd Street
Ft. Lauderdale, FL 33311
954-522-6868
To:
INDIAN RIVER COUNTY
1801 27TH STREET
VERO BEACH, FL 32960
Invoice Number
0000142678
Invoice Date
July 20, 2018
PO Number
Contract
Job
17-R-036
2. Building "A" replace existing nailbase insulation
INDIAN RIVER COUNTY - ADMINISTRATION
BLDGS A & B
Payment Terms: Net 30
Page 1 of 1
Manager Carlos A Varas
Progress
Billing
1. Building "A" install new standing seam roof
0.00
system - provided per plans set
Progress
Billing
2. Building "A" replace existing nailbase insulation
0.00
with a minimum two layers of 1.8" polyiso boards
(minimum R-20)
Progress
Billing
3. Building "A" repair damaged and rusted steel decking
0.0,0
(16 GA)
Progress
Billing
4. Building "B" install new standing seam roof
0.00
system - provided per plans set
Progress
Billing
5. Building "g„ replace existing nailbase insulation
0.00
boards with a minimum two layers of 1.8" polyiso boards
(minimum R-20)
Progress
Billing
6. Building "B" repair damaged and rusted steel decking
0.00
(16 GA)
Progress
Billing
7. Replace damaged or deteriorated blocking
0.00
Progress
Billing
8. Force account
0.00
Progress
Billing
9. CO #1
0.00
Progress
Billing
9.1. CO #2
0.00
Retainage - Customer
86,909.81
Invoice Total
86,909.81
Thank you; we really appreciate your business, payment is due within
30 days.
56
Job: 17RO36
UNCONDITIONLA FINAL WAIVER AND RELEASE OF LIEN
The undersigned lienor, had been paid in full, and hereby waives and releases its lien and
right to claim alien for labor, services, or materials furnished to Advanced Roofing, Inc. on the job
of Indian River County to the following property:
INDDIAN RIVER COUNTY—ADMINISTRATION BLDGS A& B
1800 &180127TH STREET
VERO BEACH, FL 32960
DATED:06 -14 - 2018
MCELROY METAL
By:
tc�cly Ef�1.111t?,�edit C1erK
LXL1f 6 Pay'r -
STATE OF Fk8RtDX_
C9 9 BROWARO--
itrihV, &C at &S ±e l
The foregoing instrument was acknowledged before me this I4 day of KgAst , 2018, by
Y-Nimbe-Ny 6uxte as CreQtt CtevK of MCELROY METAL, on behalf of the
corporation. He/she is personally known to me, reed aS
ideatifisax-ie nd-dI / did not take an oath. If no type of identification is indicated, the above
named person is personally known to me.
Seal: <
Notary Public, State of Flerida-at barge
ROB#4 M. WAN9PA, VOTARY (PUBLIC
C9.f3J0 pAh'ssN. OUtSt `E`1FA
MY CIS ,� l�ti�
NOTP.RY 11D Flo_ 5t1�
57
Job: 17RO36
UNCONDITIONAL FINAL WAIVER AND RELEASE OF LIEN
The undersigned lienor, had been paid in full, and hereby waives and releases its lien and
right to claim a lien for labor, services, or materials furnished to Advanced Roofing, Inc. on the job
of Indian River County to the following property:
INDIAN RIVER COUNTY—ADMINISTRATION BLDGS A & B
1800 &180127TH STREET
VERO BEACH, FL 32960
DATED:
GA EACON
By:,`4�
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 30 day of SJ k- 2018, by
IN srC Al r-fAI � 1; G,, as pje'�i tF of JGA BEACON, on behalf of the
corporation. He/she is personally known to me, or has produced as
identification and did / did not take an oath. If no type of identification is indicated, the above
named person is personally known to me.
Seal:
Denise Miller
NOTARY PUBLIC Notary Public, State of Florida at Large
c z STATE OF FLORIDA
y Comm# GG050376
s� E te►0 Expires 11/28/2020
58
SECTION 00942 - Change Order Form
No.1
DATE OF ISSUANCE: 10/16/2018 EFFECTIVE DATE: 10/16/2018
OWNER: Indian River Countv
CONTRACTOR ADVANCED ROOFING, INC.
Project: INDIAN RIVER COUNTY ADMINISTRATION COMPLEX BUILDINGSA & B
ROOF REPLACEMENT
OWNER's Project No. 1705 OWNER'S Bid No. 2017040
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, release retainage to the Contractor and adjust time.
Attachments:
Description of Itemized Changes
CHANGE IN CONTRACT PRICE:
Description
Amount
Original Contract Price
$1,829,671.40
Net decrease of this Change
Order.
($91,475.20)
Contract Price with all approved
Change Orders:
$1.738.196.20
ACCEPTED:
'CONTRACTOR (Signature)
By.
Date:
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days / dates)
Substantial Completion:
120 days. 12/26/2017
150 days, /2018
Final Completion:
Net increase this Change Order:
(days or dates)
Substantial Completion:
111
Final Completion:
111
Contract Time with all approved
Change Orders:
(days / dates)
Substantial Completion:
231 days. 04/16/2018
Final Completion:
261 d 6/ 018
APPROVED:
By.
OWNER (Signature)
Date:
IRC -1705_C01_20181016
00942-1
PAPublic WaftIENGINEERING DIVISION PROJECTSN705 Buildings A& B Roof Replacemenlll-AdminVlgende Items%ProjectClose"MRC-1705_C01_20181018.doc Rev.
Moll
59
CHANGE ORDER NO. 1
DESCRIPTION OF ITEMIZED CHANGES
PROJECT NAME: IRC ADMINISTRATION COMPLEX BUILDINGS A & B ROOF REPLACEMENT
PROJECT NO. IRC -1705
Item No.
Description
Unit
Quantity
Unit Price
Price Increase
Price Decrease
WCD 1
UTILITY AND GENERATOR ROOFS
LS
1
26,30D.00
26 300.00
WCD 2
ADDITIONAL FOOTAGE
LS
1.00
32 224.80
32 224.80
3
BUILDING "A" REPAIR DAMAGE AND RUSTED STEEL DECKING
16 GA
SF
2,000
12.50
25 000.00
6
BUILDING "B" REPAIR DAMAGE AND RUSTED STEEL DECKING
16 GA
SF
2,000
12.50
25 000.00
FORCE ACCOUNT
LS
1.00
100,000.00
100 000.00
SUBTOTALS
I
1
1 68,624.80
1 160 000.00
IRC ADMINISTRATION COMPLEX BUILDINGS A & B ROOF
REPLACEMENT TOTAL
$ (91,475.20)
00310.1
PAPub9c W.rWENGINEERING DIVISION PROJECTS1170513MIn0s A& B Roof Replacemanlll-AdminW9enda IlemslPioject CloceouWFtC,1705 COt 20181010
60
NO
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
THROUGH: James Gray, M.S., Natural Resources Manager
FROM: Kendra Cope, M.S., Environmental Specialist
SUBJECT: Acceptance of Florida Department of Economic Opportunity Grant FY18/19
DATE: October 1, 2018
DESCRIPTION AND CONDITIONS
In late April 2018, the County received notification that the Florida Department of Economic
Opportunity (DEO) was soliciting technical assistance grant requests for State FY 2018/19. Staff
responded to the DEO solicitation on May 7, 2018 and requested $13,500 to develop a living
shoreline/oyster reef demonstration site at Round Island Riverside Park. The living
shoreline/oyster reef demonstration project stands as one of the small-scale lagoon projects staff
has identified as a way to further showcase the County's efforts to improve water quality in the
lagoon and to educate our community about the importance of lagoon restoration.
On September 10, 2018, staff was notified that DEO accepted the proposal for the full amount of
$13,500. This is a 100 percent cost reimbursement grant and provides funding for all aspects of
this project including; survey, design, permitting, construction, and the creating of educational
materials. All work completed under this grant is required to be finished prior to June 30, 2019.
FUNDING
Funds for this expenditure are available in General Fund/Lagoon/Other Professional Services -
Acct # 00128337-033190.
RECOMMENDATION
Staff recommends the Board approve the DEO grant and authorize the Chairman to sign the
Agreement on behalf of the County. Following Board approval, the County will transmit the
partially executed Agreement to the DEO for final signatures. Upon receipt of the fully executed
original agreement from the DEO, staff will transmit to the Clerk to the Board of County
Commission for recording.
ATTACHEMENT
IRC Grant Form
DEO Grant Agreement
APPROVED AGENDA ITEM FOR: OCTOBER 16, 2018
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280D8FAD\@BCL@280D8FAD.docx 61
GRANT NAME: FDEP .Living Shorelines in Indian River County.: An Educational Demonstration Site at Round Island Park
GRANT # DEO-1-2018
AMOUNT OF GRANT: $11500
DEPARTMENT RECEIVING GRANT: Public Works/Coastal Enaineerintr
CONTACT PERSON: Kendra Cone TELEPHONE: ext. 1569
1. How lone is the grant .for?. July '1, 2019 Expected Starting Date: November, 2018
YES NO
2. Does the grant require you to fund this function after the grant is over? X
3. Does the grant require a match? X
If yes, does the grant allow the match to be In -Kind services?
4. Percentage of match to grant 0.00 %
5. Grant match amount required
6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)?
N/A
7. Does the grant cover capital costs or start-up costs? No
If no, how much do you think will be needed in capital costs or start-up costs: $
(Attach a detail .listing of costs)
8. Are you adding any additional positions utilizing the grant funds? No
If yes, please list. (If, additional space is needed, please attach a schedule.)
Acct.
Description Position Position Position Position Position
011.12
Regular Salaries
011.113
Other Salaries & Wages (PT)
012.11
Social Security
012.12
Retirement — Contributions
012.13
Insurance—Life & Health
012.14
Worker's Compensation
012.17
SiSee. Medicare Matching
$
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the county over five years? $
t_
Grant Amount
Other Match Costs Not Covered
Match
Total
First Year
$
$
$
$
Second Year
$
$ _
$
$
Third Year
$
$
$
$
Fourth Year
S
$
$
$
Fifth Year
$
$
$
$
Signature of Preparers Date: 01&Vrc'J
62
Agreement #
COMMUNITY PLANNING TECHNICAL ASSISTANCE
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between the State of Florida,
Department of Economic Opportunity ("DEO"), and Indian River County, Florida ("Grantee"). DEO and
Grantee are sometimes referred to herein individually as a "Party" and collectively as "the Parties."
WHEREAS, DEO has the authority to enter into this Agreement and distribute State of Florida
funds ("Award Funds") in the amount and manner set forth in this Agreement and in the following
Attachments incorporated herein as an integral part of this Agreement:
• Attachment 1: Scope of Work
• Attachment 1-A: Invoice: Grantee's Subcontractor(s) (Contractual Services)
• Attachment 1-13: Invoice: Grantee's Employee(s)
• Attachment 1-C: Invoice: Combination of Grantee's Subcontractor(s) and Grantee's
Employee(s)
• Attachment 1-D: Grant Agreement Final Closeout Form
• Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
• Attachment 3: Audit Compliance Certification
WHEREAS, the Agreement and its aforementioned Attachments are hereinafter collectively
referred to as the "Agreement", and if any inconsistencies or conflict between the language of this
Agreement and its Attachments arise, then the language of the Attachments shall control, but only to the
extent of the conflict or inconsistency;
WHEREAS, Grantee hereby represents and warrants that Grantee's signatory to this Agreement
has authority to bind Grantee to this Agreement as of the Effective Date and that Grantee, through its
undersigned duly -authorized representative in his or her official capacity, has the authority to request,
accept, and expend Award Funds for Grantee's purposes in accordance with the terms and conditions of
this Agreement;
NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein and
for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties intending to be legally bound hereby agree to perform the duties described herein in this
Agreement as follows:
A. AGREEMENT PERIOD
This Agreement is effective as of July 1, 2018 (the "Effective Date") and shall continue until the
earlier to occur of (a) June 30, 2019 (the "Expiration Date") or (b) the date on which either Party
terminates this Agreement (the "Termination Date"). The period of time between the Effective
Date and the Expiration Date or Termination Date is the "Agreement Period".
B. FUNDING
This Agreement is a cost reimbursement Agreement. DEO shall pay Grantee up to Thirteen
Thousand Five Hundred Dollars ($13,500.00) in consideration for Grantee's performance under
Page 1 of 37
Rev. 6/1/18 63
Agreement #,
this Agreement. DEO, in its sole and absolute discretion, may provide Grantee an advance of
Award Funds under this Agreement. Travel expenses are authorized under this Agreement.
Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance
with s. 112.061, F.S., and the Invoice Submittal Procedures delineated in Attachment 1: Scope of
Work. DEO shall not pay Grantee's costs related to this Agreement incurred outside of the
Agreement Period. In conformity with s. 287.0582, F.S., the State of Florida and DEO's
performance and obligation to pay any Award Funds under this Agreement is contingent upon an
annual appropriation by the Legislature. DEO shall have final unchallengeable authority as to both
the availability of funds and what constitutes an "annual appropriation" of funds. Grantee shall
not expend Award Funds for the purpose of lobbying the Legislature, the judicial branch, or a state
agency. Grantee shall not expend Award Funds to pay any costs incurred in connection with any
defense against any claim or appeal of the State of Florida or any agency or instrumentality
thereof (including DEO); or to pay any costs incurred in connection with the prosecution of any
claim or appeal against the State of Florida or any agency or instrumentality thereof (including
DEO), which Grantee instituted or in which Grantee has joined as a claimant. Grantee shall either
(i) maintain. Award Funds in a separate bank account, or (ii) expressly designate in Grantee's
business records and accounting system that the Award Funds originated from this Agreement.
Grantee shall not commingle Award Funds with any other funds. DEO may refuse to reimburse
Grantee for purchases made with commingled funds. Grantee's costs must be in compliance with
all laws, rules, and regulations applicable to expenditures of State funds, including the Reference
Guide for State Expenditures (https:Hwww.myfloridacfo.com/aadir/reference guide/
Reference Guide For State Expenditures.pdf).
C. ELECTRONIC FUNDS TRANSFER
Within 30 calendar days of the date the last Party has signed this Agreement, Grantee shall enroll
in Electronic Funds Transfer (EFT) from the State's Chief Financial Officer. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction
page at: http://www.fldfs.com/aadir/direct deposit web/Vendors.htmL. Questions should be
directed to the EFT Section at (850) 413-5517. Once enrolled, EFT shall make invoice payments.
D. RENEGOTIATION OR MODIFICATION
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable
laws or regulations make changes to this Agreement necessary. In addition to changes
necessitated by law, DEO may at any time, with written notice to Grantee, make changes within
the general scope and purpose of this Agreement, at DEO's sole and absolute discretion. Such
changes may include modifications of the requirements, changes to processing procedures, or
other changes as decided by DEO. Grantee shall be responsible for any due diligence necessary
to determine the impact of each aforementioned modification or change. Any modification of
this Agreement Grantee requests must be in writing and duly signed and dated by all Parties in
order to be valid and enforceable.
E. AUDITS REQUIREMENTS AND COMPLIANCE
1. Section 215.971(1), Florida Statutes ("F.S."). Grantee shall comply with all applicable
provisions of s. 215.97, F.S., and Attachment 2 and Exhibit 1 to Attachment 2: Audit
Requirements. Grantee shall perform the deliverables and tasks set forth in Attachment 1,
Scope of Work. Grantee may only expend Award Funds for allowable costs resulting from
Page 2 of 37 6
Rev. 6/1/18 64
Agreement #.
obligations incurred during the Agreement Period. Grantee shall refund to DEO any: (1)
balance of unobligated Award Funds which have been advanced or paid to Grantee; or (2)
Award Funds paid in excess of the amount to which Grantee is entitled under the terms and
conditions of this Agreement and Attachments hereto, upon expiration or termination of this
Agreement.
2. Audit Compliance. Grantee understands and shall comply with the requirements of s.
20.055(5); F.S.. Grantee agrees to reimburse the State for the reasonable costs of
investigation the Inspector General or other authorized State official incurs for investigations
of Grantee's compliance with the terms of this or any other agreement between the Grantee
and the State which results in the suspension or debarment of Grantee. Grantee shall not be
responsible for any costs of investigations that do not result in Grantee's suspension or
debarment.
F. RECORDS AND INFORMATION RELEASE
1. Records Compliance. DEO is subject to the provisions of chapter 119, F.S., relating to public
records. Any document Grantee submits to DEO underthis Agreement may constitute public
records under the Florida Statutes. Grantee shall cooperate with DEO regarding DEO's efforts
to comply with the requirements of chapter 119, F.S.. Grantee shall respond to requests to
inspect or copy such records in accordance with chapter 119, F.S. for records made or received
by Grantee in connection with this Agreement. Grantee shall immediately notify DEO of the
receipt and content of any request by sending an e-mail to PRRequest@deo.mvflorida.com
within one business day after receipt of such request. Grantee shall indemnify, defend, and
hold DEO harmless from any violation of Florida's public records laws wherein DEC's
disclosure or nondisclosure of any public record was predicated upon any act or omission of
Grantee. As applicable, Grantee shall comply with Section 501.171, F.S.. DEO may terminate
this Agreement if Grantee fails to comply with Florida's public records laws. Grantee shall
allow public access to all records made or received by Grantee in connection with this
Agreement, unless the records are exempt from s. 24(a) of Article I of the State Constitution
or s. 119.07(1), F.S.
2. Identification of Records. Grantee shall clearly and conspicuously mark all records submitted
to DEO if such records are confidential and exempt from public disclosure. Grantee's failure
to clearly mark each record and identify the legal basis for each exemption from the
requirements of chapter 119, F.S., prior to delivery of the record to DEO serves as Grantee's
waiver of a claim of exemption. Grantee shall 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 as long as those records are confidential and exempt pursuant to
Florida law. If DEO's claim of exemption asserted in response to Grantee's assertion of
confidentiality is challenged in any court of law, Grantee shall defend, assume, and be
responsible for all fees, costs, and expenses in connection with such challenge.
3. Keeping and Providing Records. DEO and the State have an absolute right to view, inspect,
or make or request copies of any records arising out of or related to this Agreement. The
Grantee has an absolute duty to keep and maintain all records arising out of or related to this
Agreement. DEO may request copies of any records made or received in connection with this
Agreement, or arising out of Grantees use of Award Funds, and Grantee shall provide DEO
with copies of any records within 10 business days after DEO's request at no cost to DEC.
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Grantee shall maintain all books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all
expenditures of Award Funds. For avoidance of doubt, Grantee's duties to keep and provide
records to DEO includes all records generated in connection with or as a result of this
Agreement. Upon expiration or termination of this Agreement, the Grantee shall transfer, at
no cost, to DEO all public records in possession of Grantee or keep and maintain public records
required by DEO to perform the service. If the Grantee keeps and maintains public records
upon completion of this Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to DEO, upon
request from DEO's custodian of records, in a format that is compatible with the information
technology systems of DEO.
4. Audit Rights. Representatives of the State of Florida, DEO, the State Chief Financial Officer,
the State Auditor General, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the federal government and their duly authorized
representatives shall have access to any of Grantee's books, documents, papers, and records,
including electronic storage media, as they may relate to this Agreement, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
5. Single Audit Compliance Certification. Annually within 60 calendar days of the close of
Grantee's fiscal year, Grantee shall electronically submit a completed Audit Compliance
Certification (a version of this certification is attached hereto as Attachment 3) to
Audit@deo.mvflorida.com. Grantee's timely submittal of one completed Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement for all agreements
between DEO and Grantee.
6. Ensure Compliance. Grantee shall ensure that any entity which is paid from, or for which
Grantee's expenditures will be reimbursed by, Award Funds, is aware of and will comply with
the aforementioned audit and record keeping requirements.
7. Contact Custodian of Public Records for Questions. IF THE GRANTEE HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS by telephone at (850) 245-7140, via e-mail at
PRRequest@deo.myflorida.com, or by mail at Department of Economic
Opportunity, Public Records Coordinator, 107 East Madison Street,
Caldwell Building, Tallahassee, Florida 32399-4128.
G. TERMINATION
1. Termination due to Lack of Funds: In the event funds to finance this Agreement become
unavailable or if federal or state funds upon which this Agreement is dependent are
withdrawn or redirected, DEO may terminate this Agreement upon no less than twenty-four
(24) hour written notice to Grantee. DEO shall be the final authority as to the availability of
funds and will not reallocate funds earmarked for this Agreement to another program thus
causing "lack of funds." In the event of termination of this Agreement under this provision,
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Grantee will be paid for any work satisfactorily completed prior to notification of termination.
The lack of funds shall not constitute DEO's default under this Agreement.
2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the
services within the time specified in the Agreement or any extension; (2) maintain adequate
progress, thus endangering performance of the Agreement; (3) honor any term of the
Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. The rights and
remedies of DEO in this clause are in addition to any other rights and remedies provided by
law or under the Agreement. Grantee shall not be entitled to recover any cancellation charges
or lost profits.
3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this
Agreement in whole or in part when DEO determines in DEO's sole and absolute discretion
that it is in DEC's interest to do so. Grantee shall not provide any deliverable pursuant to
Attachment 1: Scope of Work after it receives the notice of termination, except as DEO
otherwise specifically instructs Grantee in writing. Grantee shall not be entitled to recover
any cancellation charges or lost profits.
4. Grantee's Responsibilities Upon Termination: If DEO issues a Notice of Termination to
Grantee, except as DEO otherwise specifies in that Notice, Grantee shall: (1) Stop work under
this Agreement on the date and to the extent specified in the notice; (2) complete
performance of such part of the work DEO does not terminate; (3) take such action as may be
necessary, or as DEO may specify, to protect and preserve any property which is in the
possession of Grantee and in which DEO has or may acquire an interest; and (4) upon the
effective date of termination, Grantee shall transfer, assign, and make available to DEO all
property and materials belonging to DEO pursuant to the terms of this Agreement and all
Attachments hereto. Grantee shall not receive additional compensation for Grantee's
services in connection with such transfers or assignments.
5. Force Majeure and Notice of Delay from Force Majeure. Neither Party shall be liable to the
other for any delay or failure to perform under this Agreement if such delay or failure is
neither the fault nor the negligence of the Party or its employees or agents and the delay is
due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond the Party's control, or for any of the foregoing that affects
subcontractors or suppliers if no alternate source of supply is available. However, in the event
of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate
any and all resulting delay or disruption in the Party's performance obligation under this
Agreement. If the delay is excusable under this FORCE MAJEURE AND NOTICE OF DELAY
FROM FORCE MAJEURE section, the delay will not result in any additional charge or cost under
the Agreement to either Party. In the case of any delay Grantee believes is excusable under
this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section, Grantee shall
notify DEO in writing of the delay or potential delay and describe the cause of the delay either:
(1) within 10 calendar 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) within five
calendar days after the date Grantee first had reason to believe that a delay could result, if
the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S
SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance
with this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section is a
condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is
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excusable under this FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE section
and will notify Grantee of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against DEO. Grantee shall not be entitled to an increase
in the Agreement price or payment of any kind from DEO 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 FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE
section, after the causes have ceased to exist, Grantee shall perform at no increased cost,
unless DEO determines, in its sole discretion, that the delay will significantly impair the value
of the Agreement to DEO or the State, in which case, DEO may terminate the Agreement in
whole or in part.
H. BUSINESS WITH PUBLIC ENTITIES
Grantee is aware of and understands the provisions of s. 287.133(2)(a), F.S., and s. 287.134(2)(a),
F.S. As required by s. 287.135(5), Grantee certifies that it is not: (1) listed on the Scrutinized
Companies that Boycott Israel List, created pursuant to s. 215.4725, F.S.; (2) engaged in a boycott
of Israel; (3) listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473,
F.S.; (4) engaged in business operations in Cuba or Syria; or (5) engaged in business operations
with the government of Venezuela or in any company doing business with the government of
Venezuela. DEO may immediately terminate this Agreement if Grantee submits a false
certification as to the above, or if Grantee is placed on the Scrutinized Companies that Boycott
Israel List, engages in a boycott of Israel, is placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or has engaged in business operations in Cuba, Syria, or Venezuela.
I. CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS
Prior to execution of this Agreement, Grantee must disclose in a written statement to DEO's
Agreement Manager all prior or on-going civil or criminal litigation, investigations, arbitration or
administrative proceedings (collectively "Proceedings") involving Grantee (and each
subcontractor). Thereafter, Grantee has a continuing duty to promptly disclose all Proceedings
upon occurrence. This duty of disclosure applies to Grantee's or subcontractor's officers and
directors when any Proceeding relates to the officer or director's business or financial activities.
Details of settlements that are prevented from disclosure by the terms of the settlement may be
annotated as such. Grantee shall promptly notify DEO's Agreement Manager of any Proceeding
relating to or affecting the Grantee's or subcontractor's business. If the existence of such
Proceeding causes the State concern about Grantee's ability or willingness to perform the
Agreement, then upon DEO's request, Grantee shall provide to DEO's Agreement Manager all
reasonable assurances that: (i) Grantee will be able to perform the Agreement,in accordance with
its terms and conditions; and (ii) Grantee and/or its employees, agents, or subcontractor(s) have
not and will not engage in conduct in performing services for DEO which is similar in nature to the
conduct alleged in such Proceeding.
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J. ADVERTISING AND SPONSORSHIP DISCLOSURE
1. Limitations on Advertising of Agreement. DEO does not endorse any Grantee, commodity,
or service. Subject to chapter 119, F.S., Grantee shall not publicly disseminate any information
concerning this Agreement without prior written approval from DEO, including, but not
limited to mentioning this Agreement in a press release or other promotional material,
identifying DEO or the State as a reference, or otherwise linking Grantee's name and either a
description of the Agreement or the name of DEO or the State in any material published,
either in print or electronically, to any entity that is not a Party to this Agreement, except
potential or actual employees, agents, representatives, or subcontractors with the
professional skills necessary to perform the work services required by the Agreement.
2. Disclosure of Sponsorship. As required by Section 286.25, F.S., if Grantee is a
nongovernmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this Agreement, it shall, in publicizing,
advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's
name) and the State of Florida, Department of Economic Opportunity." If the sponsorship
reference is in written material, the words "State of Florida, Department of Economic
Opportunity" shall appear in the same size letters or type as the name of the organization.
K. INVOICES AND PAYMENTS
1. Grantee will provide DEO's Agreement Manager invoices in accordance with the
requirements of the State of Florida Reference Guide for State Expenditures
(https://www.mvfloridacfo.com/aadir/reference guide/Reference Guide For State Expen
ditures.pdf), with detail sufficient for a proper pre -audit and post -audit thereof. Grantee shall
comply with the Invoice Submittal and Payment provisions of Section 10 of Attachment 1,
Scope of Work, and with the following requirements:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does not
become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee's name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
Grantee's invoice number, an invoice date, the dates of service, the deliverable number,
a description of the deliverable, a statement that the deliverable has been completed,
and the amount being requested. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
2. At DEO's or the State's option, Grantee maybe required to invoice electronically pursuant to
guidelines of the Department of Management Services.
3. Payment shall be made in accordance with section 215.422, F.S., Rule 691-24, F.A.C., and
section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S.,
provides that agencies have five (5) working days to inspect and approve goods and services
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unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request
for payment (voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved. The Scope of Work may specify conditions for retainage.
Invoices returned to a Grantee due to preparation errors will result in a delay of payment.
Invoice payment requirements do not start until a properly completed invoice is provided to
DEO. DEO is responsible for all payments under the Agreement.
4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this
same process applies to the determination of the rate of interest applicable to late payments
to vendors for goods and services purchased by the State and for contracts which do not
specify a rate of interest. The applicable rate of interest is published at:
http://www.myfloridacfo.com/aadir/interest.htm
5. Grantee shall submit the final invoice for payment to DEO no later than 60 days after the
Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may
refuse to honor any requests submitted after this time period and may consider Grantee to
have forfeited any and all rights to payment under this Agreement.
L. RETURN OR RECOUPMENT OF FUNDS
1. Recoupment. Notwithstanding anything in this Agreement to the contrary, DEO has an
absolute right to recoup Award Funds. DEO may refuse to reimburse Grantee for any cost if
DEO determines that such cost was not incurred in compliance with the terms of this
Agreement. DEO may demand a return of Award Funds if DEO terminates this Agreement.
The application of financial consequences as set forth in the Scope of Work is cumulative to
any of DEO's rights to recoup Award Funds. Notwithstanding anything in this Agreement to
the contrary, in no event shall the application of any financial consequences or recoupment
of Award Funds exceed the amount of Award Funds, plus interest.
2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable
federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or
nonperformance of any term or condition of this Agreement results in (i) an unlawful use of
Award Funds; (ii) a use of Award Funds that doesn't comply with the terms of this Agreement;
or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each
such event an "Overpayment"), then Grantee shall return such Overpayment of Award Funds
to DEO.
3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO
within 30 days of Grantee's discovery of an Overpayment, or receipt of notification from DEO
that and Overpayment has occurred. DEO is the final authority as to what may constitute an
Overpayment of Award Funds. Refunds should be sent to DEO's Agreement Manager, and
made payable to the "Department of Economic Opportunity". Should repayment not be
made in a timely manner, DEO may charge interest at the lawful rate of interest on the
outstanding balance beginning 30 days after the date of notification or discovery.
4. Right of Set -Off. DEO and the State shall have all of its common law, equitable and statutory
rights of set-off, including, without limitation, the State's option to withhold for the purposes
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of set-off any moneys due to Grantee under this Agreement up to any amounts due and owing
to DEO with respect to this Agreement, any other contract with any State department or
agency, including any contract for a term commencing prior to the term of this Agreement,
plus any amounts due and owing to the State for any other reason. The State shall exercise
its set-off rights in accordance with normal State practices including, in cases of set-off
pursuant to an audit, the finalization of such audits by the State or its representatives.
K INSURANCE
Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall
provide and maintain at all times during this Agreement adequate commercial general liability
insurance coverage. A self-insurance program established and operating under the laws of the
State of Florida may provide such coverage.
Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with this
Agreement, which, as a minimum, shall be: workers' compensation and employer's liability
insurance in accordance with chapter 440, F.S., with minimum employer's liability limits of
$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall
cover all employees engaged in any Agreement work.
Grantee shall maintain insurance coverage of such types and with such terms and limits as may
be reasonably associated with this Agreement, as required by law, and as otherwise necessary
and prudent for the Grantee's performance of its operations in the regular course of business.
The limits of coverage under each policy maintained by Grantee shall not be interpreted as
limiting Grantee's liability and obligations under this Agreement. All insurance policies shall be
through insurers licensed and authorized to write policies in Florida, and such policies shall cover
all employees engaged in any Agreement work. Grantee shall maintain any other insurance
required in the Scope of Work. Upon request, Grantee shall produce evidence of insurance to
DEO.
DEO shall not pay for any costs of any insurance or policy deductible, and payment of any
insurance costs shall be Grantee's sole responsibility. Providing and maintaining adequate
insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may
void the Agreement, at DEO's sole and absolute discretion, after DEO's review of Grantee's
insurance coverage when Grantee is unable to comply with DEO's requests concerning additional
appropriate and necessary insurance coverage. Upon execution of this Agreement, Grantee shall
provide DEO written verification of the existence and amount for each type of applicable
insurance coverage. Within 30 calendar days of the effective date of the Agreement, Grantee shall
furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of
insurance. In the event that an insurer cancels any applicable coverage for any reason, Grantee
shall immediately notify DEO of such cancellation and shall obtain adequate replacement
coverage conformingto the requirements herein and provide proof of such replacement coverage
within 15 business days after the cancellation of coverage. Copies of new insurance certificates
must be provided to DEO's Agreement Manager with each insurance renewal.
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N. CONFIDENTIALITY AND SAFEGUARDING INFORMATION
Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and
federal laws will govern disclosure of any confidential information received by the State of Florida.
Grantee must implement procedures to ensure the appropriate protection and confidentiality of
all data, files, and records involved with this Agreement.
Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee
shall not divulge to third parties any confidential information obtained by Grantee or its agents,
distributors, resellers, subcontractors, officers, or employees in the course of performing
Agreement work, including, but not limited to, security procedures, business operations
information, or commercial proprietary information in the possession of the State or DEO.
Grantee shall not use or disclose any information concerning a recipient of services under this
Agreement for any purpose in conformity with state and federal law or regulations except upon
written consent of the recipient, or Recipients' responsible parent or guardian when authorized
by law, if applicable.
When Grantee has access to DEO's network and/or applications, in order to fulfill Grantee's
obligations under this Agreement, Grantee shall abide by all applicable DEO Information
Technology Security procedures and policies. Grantee (including its employees, subcontractors,
agents, or any other individuals to whom Grantee exposes confidential information obtained
under this Agreement), shall not store, or allow to be stored, any confidential information on any
portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with
the capacity to hold information. Failure to strictly comply with this provision shall constitute a
breach of Agreement.
Grantee shall immediately notify DEO in writing when Grantee, its employees, agents, or
representatives become aware of an inadvertent disclosure of DEO's unsecured confidential
information in violation of the terms of this Agreement. Grantee shall report to DEO any Security
Incidents of which it becomes aware, including incidents sub -contractors or agents reported to
Grantee. For purposes of this Agreement, "Security Incident" means the attempted or successful
unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee's
possession or electronic interference with DEO operations; provided, however, that random
attempts at access shall not be considered a security incident. Grantee shall make a report to
DEO not more than seven business days after Grantee learns of such use or disclosure. Grantee's
report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii)
the confidential information used or disclosed, (iii) who made the unauthorized use or received
the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any detrimental
effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or
shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such
other information, including a written report, as DEO's Information Security Manager requests.
In the event of a breach of security concerning confidential personal information involved with
this Agreement, Grantee shall comply with Section 501.171, F.S., as applicable. When notification
to affected persons is required under this section of the statute, Grantee shall provide that
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notification, but only after receipt of DEO's written approval of the contents of the notice.
Defined statutorily, and for purposes of this Agreement, "breach of security" or "breach" means
the unauthorized access of data in electronic form containing personal data. Good faith
acquisition of personal information by an employee or agent of the Grantee is not a breach,
provided the information is not used for a purpose unrelated to the Grantee's obligations under
this Agreement or is not subject to further unauthorized use.
O. PATENTS, COPYRIGHTS, AND ROYALTIES
1. All legal title and every right, interest, claim or demand of any kind, in and to any patent,
trademark or copyright, or application for the same, or any other intellectual property right
to, the work developed or produced under or in connection with this Agreement, is the
exclusive property of DEO to be granted to and vested in the Florida Department of State for
the use and benefit of the state; and no person, firm or corporation shall be entitled to use
the same without the written consent of the Florida Department of State. Any contribution
by the Grantee or its employees, agents or contractors to the creation of such works shall be
considered works made for hire by the Grantee for DEO and, upon creation, shall be owned
exclusively by DEO. To the extent that any such works may not be considered works made
for hire for DEO under applicable law, Grantee agrees, upon creation of such works, to
automatically assign to DEO ownership, including copyright interests and any other
intellectual property rights therein, without the necessity of any further consideration.
2. If any discovery or invention arises or is developed in the course or as a result of work or
services performed with funds from this Agreement, Grantee shall refer the discovery or
invention to DEO who will refer it to the Department of State to determine whether patent
protection will be sought in the name of the State of Florida.
3. Where activities supported by this Agreement produce original writings, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in
any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do
so. Grantee shall give DEO written notice when any books, manuals, films, websites, web
elements, electronic information, or other copyrightable materials are produced.
4. Notwithstanding any other provisions herein, in accordance with s. 1004.23, F.S., a State
University is authorized in its own name to perform all things necessary to secure letters of
patent, copyrights, and trademarks on any works it produces. Within 30 calendar days of
same, the president of a State University shall report to the Department of State any such
university's action taken to secure or exploit such trademarks, copyrights, or patents in
accordance with s. 1004.23(6), F.S..
P. INFORMATION TECHNOLOGY RESOURCE
Grantee shall obtain priorwritten approval from the appropriate DEO authority before purchasing
any Information Technology Resource (ITR) or conducting any activity that will impact DEO's
electronic information technology equipment or software, as both terms are defined in DEO Policy
Number 5.01, in any way. ITR includes computer hardware, software, networks, devices,
connections, applications, and data. Grantee shall contact the DEO Agreement Manager listed
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herein in writing for the contact information of the appropriate DEO authority for any such ITR
purchase approval.
Q. NONEXPENDABLE PROPERTY
For the requirements of this Nonexpendable Property section of the Agreement,
"nonexpendable property" is the same as "property" as defined in s. 273.02, F.S., (equipment,
fixtures, and other tangible personal property of a non -consumable and nonexpendable
nature, with a value or cost of $1,000 or more, and a normal expected life of one year or
more; hardback -covered bound books that are circulated to students or the general public,
with a value or cost of $25 or more; and hardback -covered bound books, with a value or cost
of $250 or more).
All nonexpendable property, purchased under this Agreement, shall be listed on the property
records of Grantee. Grantee shall inventory annually and maintain accounting records for all
nonexpendable property purchased and submit an inventory report to DEO with the final
expenditure report. The records shall include, at a minimum, the following information:
property tag identification number, description of the item(s), physical location, name, make
or manufacturer, year, and/or model, manufacturer's serial number(s), date of acquisition,
and the current condition of the item.
3. At no time shall Grantee dispose of nonexpendable property purchased underthis Agreement
without the written permission of and in accordance with instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
S. Grantee shall be responsible for the correct use of all nonexpendable property Grantee
purchases or DEO furnishes under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in Attachment 1: Scope of Work.
7. Upon the Expiration Date of this Agreement Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, Grantee hereby grants
to DEO a right of first refusal in all such property prior to disposition of any such property
during its depreciable life, in accordance with the depreciation schedule in use by Grantee,
Grantee shall provide written notice of any such planned disposition and await DEO's
response prior to disposing of the property. "Disposition" as used herein, shall include, but is
not limited to, Grantee no longer using the nonexpendable property for the uses authorized
herein; the sale, exchange, transfer, trade-in, or disposal of any such nonexpendable
property. DEO, in its sole discretion, may require Grantee to refund to DEO the fair market
value of the nonexpendable property at the time of disposition rather than taking possession
of the nonexpendable property.
R. REQUIREMENTS APPLICABLE TO THE PURCHASE OF OR IMPROVEMENTS TO REAL PROPERTY
In accordance with s. 287.05805, F.S., if funding provided under this Agreement is used for the
purchase of or improvements to real property, Grantee shall grant DEO a security interest in the
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property in the amount of the funding provided by this Agreement for the purchase of or
improvements to the real property for five years from the date of purchase or the completion of
the improvements or as further required by law.
Upon the Expiration Date of the Agreement, Grantee shall be authorized to retain ownership of
the improvements to real property set forth in this Agreement in accordance with the following:
Grantee is authorized to retain ownership of the improvements to real property so long as: (1)
Grantee is not sold, merged or acquired; (2) the real property subject to the improvements is
owned by Grantee; and (3) the real property subject to the improvements is used forthe purposes
provided in this Agreement. If within five years of the termination of this Agreement, Grantee is
unable to satisfy the requirements stated in the immediately preceding sentence, Grantee shall
notify DEO in writing of the circumstances that will result in the deficiency upon learning of it, but
no later than 30 calendar days prior to the deficiency occurring. In such event, DEO shall have the
right, within its sole discretion, to demand reimbursement of part or all of the funding provided
to Grantee under this Agreement.
S. CONSTRUCTION AND INTERPRETATION
The title of and the section and paragraph headings in this Agreement are for convenience of
reference only and shall not govern or affect the interpretation of any of the terms or provisions
of this Agreement. The term "this Agreement" means this Agreement together with all
attachments and exhibits hereto, as the same may from time to time be amended, modified,
supplemented, or restated in accordance with the terms hereof. The use in this Agreement of the
term "including" and other words of similar import mean "including, without limitation" and
where specific language is used to clarify by example a general statement contained herein, such
specific language shall not be deemed to modify, limit, or restrict in any manner the construction
of the general statement to which it relates. The word "or" is not exclusive and the words
"herein," "hereof," "hereunder," and other words of similar import refer to this Agreement,
including any Exhibits and Attachments, and not to any particular section, subsection, paragraph,
subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms
importing the singular shall also include the plural, and vice versa. The reference to an agreement,
instrument, or other document means such agreement, instrument, or other document as
amended, supplemented, and modified from time to time to the extent permitted by the
provisions thereof and the reference to a statute means such statute as amended from time to
time and includes any successor legislation thereto and any regulations promulgated thereunder.
All references to "$" shall mean United States dollars. The term "Grantee" includes any person
or entity which has been duly authorized to and has the actual authority to act or perform on
Grantee's behalf. The term "DEO" includes the State of Florida and any successor office,
department, or agency of DEO, and any person or entity which has been duly authorized to and
has the actual authority to act or perform on DEO's behalf. The recitals of this Agreement are
incorporated herein by reference and shall apply to the terms and provisions of this Agreement
and the Parties. Time is of the essence with respect to the performance of all obligations under
this Agreement. The Parties have participated jointly in the negotiation and drafting of this
Agreement, and each Party has read and understands this Agreement. In the event an ambiguity
or question of intent or interpretation arises, this Agreement shall be construed as if drafted
jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring
any Party by virtue of the authorship of any of the provisions of this Agreement.
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T. CONFLICT OF INTEREST
This Agreement is subject to chapter 112, F.S.. Grantee shall disclose the name of any officer,
director, employee, or other agent who is also an employee of the State. Grantee shall also
disclose the name of any State employee who owns, directly or indirectly, more than a 5% interest
in Grantee or its affiliates.
U. GRANTEE AS INDEPENDENT CONTRACTOR
Grantee is at all times acting and performing as an independent contractor. DEO has no ability to
exercise any control or direction over the methods by which Grantee may perform its work and
functions, except as provided herein. Nothing in this Agreement may be understood to constitute
a partnership or joint venture between the Parties.
V. EMPLOYMENT ELIGIBILITY VERIFICATION — E -VERIFY
The Governor of Florida's Executive Order 11-116 requires DEO contracts in excess of a nominal
value to expressly Grantee to: (1) Utilize the U.S. Department of Homeland Security's E -Verify
system to verify the employment eligibility of all new employees Grantee hired during the
Agreement term; and (2) Include in all subcontracts under this Agreement the requirement that
subcontractors performing work or providing services pursuant to this Agreement utilize the E -
Verify system to verify the employment eligibility of all new employees subcontractor hired during
the term of the Subcontract. The Department of Homeland Security's E -Verify system can be
found at:
http://www.uscis.gov/e-verifv
If the Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the
E -Verify system prior to hiring any new employee after the effective date of this Agreement.
W. NOTIFICATIONS OF INSTANCES OF FRAUD
Upon discovery, Grantee shall report all known or suspected instances of Grantee, or Grantee's
agents, contractors or employees, operational fraud or criminal activities to DEO's Agreement
Manager in writing within 24 chronological hours.
X. NON-DISCRIMINATION
Grantee shall not discriminate unlawfully against any individual employed in the performance of
this Agreement because of race, religion, color, sex, physical handicap unrelated to such person's
ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a
harassment -free workplace, with any allegation of harassment to be given priority attention and
action.
Y. ASSIGNMENTS AND SUBCONTRACTS
1. Grantee shall not assign, subcontract, or otherwise transfer its rights, duties, or obligations
under this Agreement, by operation of law or otherwise, without the prior written consent of
DEO, which consent may be withheld in DEO's sole and absolute discretion. DEO is at all times
entitled to assign or transfer its rights, duties, or obligations under this Agreement to another
Page 14 of 37
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governmental entity in the State of Florida. Any attempted assignment of this Agreement or
any of the rights hereunder by Grantee in violation of this provision shall be void ab initio.
2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling
the obligations of this Agreement. If DEO permits Grantee to subcontract all or part of the
work contemplated under this Agreement, including entering into subcontracts with vendors
for services, it is understood by Grantee that all such subcontract arrangements shall be
evidenced by a written document containing all provisions necessary to ensure
subcontractor's compliance with applicable state and federal law. Grantee further agrees
that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against
such claims.
3. Grantee agrees that 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 Grantee employees, subcontractors, or agents performing
work under the Agreement must comply with all DEO security and administrative
requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished by
Grantee. DEO may refuse access to, or require replacement of, any of Grantee's employees,
subcontractors, or agents for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with DEO's
security or administrative requirements identified herein. Such refusal shall not relieve
Grantee of its obligation to perform all work in compliance with the Agreement. DEO may
reject and bar from any facility for cause any of Grantee's employees, subcontractors, or
agents.
4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency in the
State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida
approves transfer of Grantee's obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any
legal entity that succeeds to the obligations of the State of Florida.
S. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with section 287.0585, F.S., unless
otherwise stated in the Agreement between Grantee and subcontractor. Grantee's failure to
pay its subcontractors within seven (7) working days will result in a penalty charged against
Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the
amount due per day from the expiration of the period allowed herein for payment. Such
penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent
of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service -Disabled Veteran Business Enterprise
Report for each invoice period summarizing the participation of certified and non -certified
minority and service -disabled veteran subcontractors/material suppliers for that period, and
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project to date. The report shall include the names, addresses and dollar amount of each
certified and non -certified Minority Business Enterprise and Service -Disabled Veteran
Enterprise participant and a copy must be forwarded to DEO's Agreement Manager. The
Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified
minorities. DEC's Minority Coordinator at (850) 245-7471 will assist with questions and
answers.
7. DEO shall retain the right to reject any of Grantee's or subcontractor's employees whose
qualifications or performance, in DEO's judgment, are insufficient.
Z. ENTIRE AGREEMENT; SEVERABILITY
This Agreement, and the attachments and exhibits hereto, embodies the entire agreement of the
Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement; and this Agreement supersedes all
previous communications, representations, or agreements, either verbal or written, between the
Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this
Agreement, then that provision shall be enforced only to the extent that it is not in violation of
law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect.
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument. If any inconsistencies or conflict between
the language of this Agreement and its Attachments arise, then the language of the attachments
shall control, but only to the extent of the conflict or inconsistency.
AA. WAIVER; GOVERNING LAW; ATTORNEYS' FEES, DISPUTE RESOLUTION
1. Waiver. No waiver by DEO of any of provision herein shall be effective unless explicitly set
forth in writing and signed by DEO. No waiver by DEO may be construed as a waiver of any
failure, breach, or default not expressly identified by such written waiver, whether of a
similar or different character, and whether occurring before or after that waiver. No failure
by DEO to exercise, or delay in exercising, any right, remedy, power or privilege under this
Agreement may be construed as a waiver thereof; nor shall any single or partial exercise of
any right, remedy, power or privilege hereunder preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or privilege. The rights and
remedies set forth herein are cumulative and not exclusive.
2. Governing Law. The laws of the State of Florida shall govern the construction, enforcement,
and interpretation of this Agreement, regardless of and without reference to whether any
applicable conflicts of laws principles may point to the application of the laws of another
jurisdiction. The Parties expressly consent to exclusive jurisdiction and venue in any state
court located in Leon County, Florida, and waive any defense of forum non conveniens, lack
of personal jurisdiction, or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWEEN THE
PARTIES, THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY TO THE FULLEST EXTENT
PERMITTED BY LAW.
3. Attorneys' Fees, Expenses. Except as set forth otherwise herein, each of the Parties shall pay
its own attorneys' fees and costs in connection with the execution and delivery of this
Agreement and the transactions contemplated hereby.
Rev. 6/1/18 / Q8
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Agreement #
4. DEO shall decide disputes concerning the performance of the Agreement, and DEO shall
serve written notice of same to Grantee. DEO's decision shall be final and conclusive unless
within 21 calendar days from the date of receipt, Grantee files with DEO a petition for
administrative hearing. DEO's final order on the petition shall be final, subject to any right
of Grantee to judicial review pursuant to chapter 120.68, F.S. Exhaustion of administrative
remedies is an absolute condition precedent to Grantee's ability to pursue any other form of
dispute resolution; provided however, that the Parties may employ the alternative dispute
resolution procedures outlined in chapter 120, F.S..
1313. INDEMNIFICATION
1. If Grantee is a state agency or subdivision, as defined in s. 768.28(2), F.S., pursuant to s.
768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other
Party for the other Party's negligence.
2. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys' fees, arising from or relating to 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, defend, and hold harmless the State and DEO, and their officers,
agents, and employees for that portion of any loss or damages the negligent act or omission
of DEO or the State proximately caused.
3. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from
any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright, patent,
trade secret or intellectual property right; provided, however, that the foregoing obligation
shall not apply to DEO's misuse or modification of Grantee's products or DEO's operation or
use of Grantee's products in a manner not contemplated by this Agreement. If any product
is the subject of an infringement suit, or in Grantee's opinion is likely to become the subject
of such a suit, Grantee may, at Grantee's sole expense, procure for DEO the right to continue
using the product or to modify it to become non -infringing. If Grantee is not reasonably able
to modify or otherwise secure for DEO the right to continue using the product, Grantee shall
remove the product and refund DEO the amounts paid in excess of a reasonable fee, as
determined by DEO in its sole and absolute discretion, for past use. DEO shall not be liable
for any royalties.
4. Grantee's obligations under the two immediately preceding paragraphs above, with respect
to any legal action are contingent upon the State or DEO 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. Grantee shall not be liable for any cost, expense, or compromise incurred or
made by the State or DEO in any legal action without Grantee's prior written consent, which
shall not be unreasonably withheld.
5. The State and DEO may, in addition to other remedies available to them at law or 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 them.
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The State may set off any liability or other obligation of Grantee or its affiliates to the State
against any payments due Grantee under any Agreement with the State.
CC. CONTACT INFORMATION FOR GRANTEE AND DEO
Grantee's Agreement Manager:
Kendra Cope
180127th Street
Vero Beach, Florida 32960
Phone: 772-226-1569
Fax: ###-###-####
kcope@ircgov.com
DEO's Agreement Manager:
Stella Lewis
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, FL 32399-4120
Telephone: (850) 717-8487
Facsimile: (850) 717-8522
Email: stella.lewis@deo.mvflorida.com
DD. NOTICES
The Parties' respective contact information is set forth in the immediately preceding paragraph,
and may be subject to change at the Parties' discretion. If the contact information changes, the
Party making such change will notify the other Party in writing. Where the term "written notice"
is used to specify a notice requirement herein, said notice shall be deemed to have been given (i)
when personally delivered; (ii) when transmitted via email, if the sender on the same day sends a
confirming copy of such notice by certified or registered mail; (iii) the next business day following
the day on which the same has been delivered prepaid to a recognized overnight delivery service;
or (iv) the third business day following the day on which the same is sent by certified or registered
mail, postage prepaid, with return receipt.
EE. EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instruments.
[Rest of page left intentionally blank; Attachments to follow after signature page]
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IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties, through their duly -authorized representatives, sign this Agreement and
represent and warrant that they understand the Agreement and Attachments' terms and conditions as of
the Effective Date.
DEPARTMENT OF ECONOMIC OPPORTUNITY
By
Signature
Julie A. Dennis
Director
Title Division of Community Development
Date
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By:
Approved Date:
INDIAN RIVER COUNTY, FLORIDA
By
Signature
Peter D. O'Bryan
Title Chairman — Board of County
Commissioners
Date
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Agreement #
Attachment 1
SCOPE OF WORK
1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to
section 163.3168, Florida Statutes (F.S.), and Specific Appropriation 2220, Chapter 2018-09, Laws of
Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative
solutions to fostering vibrant, healthy communities, while protecting the functions of important State
resources and facilities.
2. PROJECT DESCRIPTION: Grantee will design and construct a living shoreline/oyster reef within Round
Island Park to serve as an educational demonstration site for the public.
3. GRANTEE'S RESPONSIBILITIES: Grantee shall timely perform the Deliverables and Tasks described in
this Section 3 and in Section 5 below, and in doing so, Grantee shall comply with all the terms and
conditions of this Agreement.
A. Deliverable 1. Grantee shall provide design criteria for the living shoreline demonstration site,
apply for and receive a living shoreline permit from Florida Department of Environmental
Protection (FDEP) and U.S. Army Corps of Engineers (USACE).
B. Deliverable 2. Grantee shall complete installation of the small scale living shoreline, design and
install educational signs with QR codes to be placed at the site, and create a minimum of two (2)
educational videos attached to the demonstration signs via QR codes.
4. DEO RESPONSIBILITIES: DEO shall receive and review the Deliverables and, upon DEO's acceptance
of the Deliverables and receipt of Grantee's pertinent invoices in compliance with the invoice
procedures of Section K of this Agreement and of Section 10 of this Scope of Work, DEO shall process
payment to Grantee in accordance with the terms and conditions of this Agreement.
5. DELIVERABLES: The specific deliverables, tasks, minimum levels of service, due dates, and payment
amounts are set forth in the following table:
Deliverables and Tasks
Minimum Level of Service
Payment Amount
Not to Exceed
Financial
Consequences
Deliverable 1.
Completion of Deliverable 1 as
$5,500
As provided in
evidenced by submission of all
Section 12 of
Grantee shall provide
of the following:
this Scope of
design criteria for the
Work, below.
living shoreline
1. Site survey or assessment.
demonstration site and
2. Typical cross-section.
copies of the applications
3. Materials list.
and issued permits from
4. Printed copy of conceptual
FDEP and USACE in
plan.
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Agreement #
accordance with Section
5. Copy of permit application to
3.A. of this Scope of Work.
FDEP.
6. Copy of permit application to
Deliverable due date:
USACE.
February 15, 2019
7. Copy of issued permit from
FDEP.
8. Copy of issued permit from
USACE
Grantee shall submit copies of
all required documentation
identified above on paper, or
electronically in MS Word or
PDF format on a USB drive. If
maps are required, they shall be
provided on a compact disc in
PDF format with ArcGIS
compatible shapefiles if they are
available. If deliverables are
submitted on USB or CD/DVD,
Grantee shall provide two (2)
complete sets of deliverables on
two (2) separate USBs or two (2)
CD/DVDs.
Deliverable 2.
Completion of Deliverable 2 as
$8,000
As provided in
evidenced by submission of all
Section 12 of
Grantee shall complete
of the following:
this Scope of
installation of the small
Work, below.
scale living shoreline,
1. Photographs and/or video
design and install
taken during the installation
educational signs with QR
process.
codes to be placed at the
2. Photographs of signs being
site, and create a
installed at site.
minimum of two (2)
3. Electronic copy of two (2)
educational videos in
educational videos attached to
accordance with Section
the demonstration signs via QR
3.6. of this Scope of Work.
codes in MP4 format.
Deliverable due date:
June 14, 2019
Grantee shall submit copies of
all required documentation
identified above on paper, or
electronically in MS Word or
PDF format on a USB drive. If
maps are required, they shall be
provided on a compact disc in
PDF format with ArcGIS
compatible shapefiles if they are
available. Videos shall be
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6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement
and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph
constitutes DEO's written approval for Grantee to subcontract for any of the deliverables and/ortasks
identified in the Scope of Work for this Agreement. A copy of the executed subcontract(s) shall be
provided to DEO's Agreement Manager upon execution by the Parties. Grantee shall be solely liable
for all work performed and all expenses incurred as a result of any such subcontract.
7. DELIVERABLE DUE DATE. The "deliverable due date" is the date the deliverable must be received by
DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope
of Work.
8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a "business day" is any
day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period
provided in this Agreement, the date from which the time period runs is not counted. The last day of
the time period ends at 11:59 p.m. on that day.
9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are
established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however,
this is not intended to restrict DEO's ability to approve and reimburse allowable costs, incurred by
Grantee in providing the deliverables herein. Prior written approval from DEO's Agreement Manager
is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each
deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total
funding amount will require a formal written amendment, as described in Section D., Renegotiation
or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than
the total amount of this Agreement.
10. INVOICE SUBMITTAL AND PAYMENT.
A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section
K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section
5 of this Scope of Work, above. The deliverable amount specified does not establish the value of
the deliverable. Pursuant to section 215.971(1), F.S., Grantee will be reimbursed for allowable
costs incurred and expended during the Agreement period by Grantee in carrying out the Project.
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submitted on compact discs in
MP4 format. If deliverables are
submitted on USB or CD/DVD,
Grantee shall provide two (2)
complete sets of deliverables on
two (2) separate USBs or two (2)
CD/DVDs.
Total Amount Not to Exceed $13,500
6. SUBCONTRACTS. In accordance with Section Y., Assignments and Subcontracts, of this Agreement
and subject to the terms and conditions in sections Y.1. through 7 of this Agreement, this paragraph
constitutes DEO's written approval for Grantee to subcontract for any of the deliverables and/ortasks
identified in the Scope of Work for this Agreement. A copy of the executed subcontract(s) shall be
provided to DEO's Agreement Manager upon execution by the Parties. Grantee shall be solely liable
for all work performed and all expenses incurred as a result of any such subcontract.
7. DELIVERABLE DUE DATE. The "deliverable due date" is the date the deliverable must be received by
DEO by 11:59 p.m. on that date. For extensions of deliverable due dates, see Section 15 of this Scope
of Work.
8. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a "business day" is any
day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period
provided in this Agreement, the date from which the time period runs is not counted. The last day of
the time period ends at 11:59 p.m. on that day.
9. COST SHIFTING. The deliverable amounts specified within the Deliverables section above are
established based on the Parties' estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however,
this is not intended to restrict DEO's ability to approve and reimburse allowable costs, incurred by
Grantee in providing the deliverables herein. Prior written approval from DEO's Agreement Manager
is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each
deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total
funding amount will require a formal written amendment, as described in Section D., Renegotiation
or Modification, of this Agreement. Regardless, in no event shall DEO reimburse costs of more than
the total amount of this Agreement.
10. INVOICE SUBMITTAL AND PAYMENT.
A. DEO agrees to reimburse the Grantee for costs under this Agreement in accordance with Section
K, Invoices and Payments, of this Agreement in the amount(s) identified per deliverable in Section
5 of this Scope of Work, above. The deliverable amount specified does not establish the value of
the deliverable. Pursuant to section 215.971(1), F.S., Grantee will be reimbursed for allowable
costs incurred and expended during the Agreement period by Grantee in carrying out the Project.
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B. Subject to the terms and conditions of this Agreement, an itemized invoice for each deliverable
shall be submitted to DEO's Agreement Manager by U. S. Mail or by electronic mail with the
deliverable for which the invoice is submitted. Invoices are not required to be submitted through
the Ariba Supplier Network described in Section K.2. of this Agreement. Invoices shall be
submitted in the format shown on Attachments 1-A, 1-13, and 1-C hereto, electronic copies of
which shall be provided by DEO to the Grantee. Grantee shall use Attachment 1-A if work for
the deliverable is completed entirely by a subcontractor, Attachment 1-13 if work for the
deliverable is completed entirely by Grantee's employee(s), and Attachment 1-C if work for the
deliverable is completed both by a subcontractor and by Grantee's employee(s).
C. Grantee shall provide one (1) itemized invoice for each deliverable submitted during the
applicable period of time. The invoice shall include, at a minimum, the following:
1. Grantee's name and address;
2. Grantee's federal employer identification number;
3. the Agreement number;
4. the Grantee's invoice number;
5. an invoice date;
6. the dates of service;
7. the deliverable number;
8. a description of the deliverable;
9. a statement that the deliverable has been completed; and
10. the amount being requested.
D. Grantee shall submit a final invoice no later than 60 days after this Agreement ends or is
terminated as provided in Section K.5. of this Agreement.
E. Documentation that must accompany each itemized invoice: The following documents shall be
submitted with the itemized invoice:
1. For Work Performed by a Subcontractor:
a. A cover letter signed by the Grantee's Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work;
b. Copies of paid invoices submitted to Grantee by the Subcontractor; and
c. Proof of payment of invoices submitted to Grantee by the Subcontractor for work
performed pursuant to this Agreement (e.g., cancelled checks, bank statement
showing deduction).
2. For Work Performed by Grantee's Employees:
a. A cover letter signed by the Grantee's Agreement Manager certifying that the
payments claimed for the deliverables were specifically for the project, as described
in this Scope of Work.
b. Identification of Grantee's employees who performed work under this Agreement
and, for each such employee:
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L The percentage of the employee's time devoted to work under this
Agreement or the number of total hours each employee devoted to work
under this Agreement.
ii. Payroll register or similar documentation that shows the employee's gross
salary, fringe benefits, other deductions, and net pay. If the employee is paid
hourly, a document reflecting the hours worked times the rate of pay is
acceptable.
c. Invoices or receipts for other direct costs.
d. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of
units times the rate charged. The rate must be reasonable.
F. Payment shall be provided to Grantee in accordance with Section K., Invoices and Payments, of
this Agreement.
11. SUBMITTAL, REVIEW AND ACCEPTANCE OF DELIVERABLES; NOTICE; OPPORTUNITY TO CURE.
Grantee shall submit all deliverables to DEO's Agreement Manager. DEO will review all work
submitted for payment under the deliverables and will determine in DEO's sole and absolute
discretion whether the deliverables are sufficient to satisfy the requirements in this Scope of Work.
Within 15 business days after receipt of a deliverable, DEO shall provide written notice to Grantee by
electronic mail of DEO's determination that the deliverable is sufficient and is accepted or that the
deliverable is not sufficient to satisfy the requirements in the Scope of Work and how the Grantee can
address the insufficiency. If DEO determines that a deliverable is not sufficient under this Agreement,
Grantee shall have 10 business days from the date of receipt of notice from DEO to correct the
insufficiency, and during this 10 business day period, the financial consequences specified in Section
12 of this Scope of Work will not be assessed. DEO may extend this timeframe in writing (which may
be by electronic mail) if Grantee is actively working with DEO to resolve the insufficiency; provided,
however, that any extension of time under this section will not extend the Agreement Period in
Section A. of this Agreement. An extension of time underthis section does not require an amendment
to this Agreement. Payment for a deliverable shall not be due until DEO notifies the Grantee's
Agreement Manager in writing that the deliverable or corrected deliverable is sufficient under the
Scope of Work and is accepted by DEO.
12. FINANCIAL CONSEQUENCES.
A. Financial consequences of $50 a business day up to a maximum of $500 shall be imposed in each
of the following circumstances:
1. Grantee submits a deliverable to DEO more than ten (10) business days after the
deliverable due date. Financial consequences begin to accrue on the eleventh business
day following the deliverable due date and continue until the deliverable is received by
DEO or the maximum financial consequence accrues, whichever occurs first.
2. Grantee is given a notice of insufficiency and fails to submit to DEO a corrected deliverable
within the timeframe provided in Section 11 of this Scope of Work. Financial
consequences begin to accrue on the business day following the deadline under Section
11 of this Scope of Work and continue until the corrected deliverable is received by DEO
or the maximum financial consequence accrues, whichever occurs first.
Page 24 of 37 p
Rev. 6/1/18 86
Agreement #,
B. Imposition of the above described financial consequences shall in no manner affect DEO's right
to impose or implement other provisions in this Agreement including the right to terminate this
Agreement.
13. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Unless preliminary draft
deliverables are required under Sections 3 or 5 of this Scope of Work, above, Grantee is encouraged,
but not required, to submit preliminary drafts of all substantive written deliverables (e.g., proposed
plan amendments, reports) to DEO for review and comment no later than ten (10) business days
before the deliverable due date. If DEO provides comments, Grantee is urged to address them in the
deliverable submitted to DEO for payment. If submission of a preliminary draft deliverable is required
under Sections 3 or 5 of this Scope of Work, above, DEO shall provide comments to the Grantee no
later than four business days before the deliverable due date.
14. LIMITED COMPLIANCE REVIEW; NO DUPLICATION OF WRITTEN MATERIAL. Proposed
comprehensive plan amendments that are deliverables under the Scope of Work must be "in
compliance" as defined in section 163.3184(1)(b), F.S., and will be evaluated for compliance as part
of DEO's review and determination of whetherthe deliverable is sufficient to satisfy the requirements
in the Scope of Work. DEO's compliance determination will be a limited determination without input
from the reviewing agencies identified in section 163.3184(1)(c), F.S.. A limited compliance
determination for the purpose of this Agreement is not binding on DEO in a subsequent review under
section 163.3184, F.S.. Further, a limited compliance determination under this Agreement does not
preclude review and comment by reviewing agencies and does not preclude a challenge to the
adopted plan amendment by DEO based on comments by DEO or other reviewing agencies.
Documents submitted to DEO for payment under this Agreement may not copy or duplicate reports
or other written material prepared prior to the Agreement Period in Section A., Agreement Period,
of this Agreement or prepared by or on behalf of someone other than the Grantee for a purpose other
than the specific grant project identified in this Scope of Work. At the option of the Grantee, copies
of such relevant documents may be appended to documents submitted to DEO for payment.
15. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding Section D., Renegotiation or
Modification, of this Agreement, DEO's Agreement Manager, in DEO's sole discretion, may authorize
extensions of deliverable due dates without a written modification of this Agreement. Extensions
shall be requested by Grantee's Agreement Manager (not Grantee's consultant or subcontractor) in
accordance with the following:
A. Requests for extension of one or more deliverable due dates shall be submitted by Grantee's
Agreement Manager in writing (which may be by electronic mail) to DEO's Agreement Manager
no later than four (4) business days before the deliverable due date (or the earliest of multiple
due dates for which the extension is requested);
B. A request for extension from Grantee's Agreement Manager must state the reason for the
extension; and
C. DEO's Agreement Manager shall approve or deny a request for extension of a deliverable due
date by electronic mail to Grantee's Agreement Manager within two (2) business days after
receipt of the request. Only written approvals of extensions shall be effective.
Page 25 of 37
Rev. 6/1/18 87
Agreement #
This authority and procedure do not apply to an extension of the Agreement Period defined in Section
A., Agreement Period, of this Agreement.
16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Section J., Advertising and
Sponsorship Disclosure, and Section F., Records and Information Release, of this Agreement,
Grantee is authorized to disclose to the public on its website or by other means that it has been
awarded a Community Planning Technical Assistance Grant from DEO for the work described in this
Scope of Work.
17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee's operational fraud or criminal
activities shall be reported to DEC's Agreement Manager in writing within twenty-four (24)
chronological hours.
18. NON-DISCRIMINATION. Grantee shall not discriminate unlawfully against any individual employed in
the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated
to such person's ability to engage in this work, national origin, ancestry, or age. Grantee shall provide
a harassment -free workplace, with any allegation of harassment to be given priority attention and
action.
19. GRANTEE'S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to
Grantee, except as otherwise specified by DEO in that notice, the Grantee shall:
A. Stop work under this Agreement on the date and to the extent specified in the notice;
B. Complete performance of such part of the work as shall not have been terminated by DEO;
C. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in'which DEO has or may acquire an interest;
and
D. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make
available to the DEO all property and materials belonging to DEO. No extra compensation will be
paid to Grantee for its services in connection with such transfer or assignment.
20. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict
between the provisions of this Scope of Work and other provisions of this Agreement, the provisions
of this Scope of Work shall govern.
- Remainder of Page Intentionally Left Blank —
p
Page 26 of 37 p
Rev. 6/1/18 00
Agreement #
Attachment 1-A — Invoice: Grantee's Subcontractor(s) (Contractual Services)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Stella Lewis
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
INVOICE
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
DESCRIPTION
AMOUNT
Dates of Service:
Deliverable Completed:
[copy description of the deliverable from Scope of Work; Section 3]
Category expenditures:
Contractual Services
$_
TOTAL
$_
Page 27 of 37 Q
Rev. 6/1/18 89
Attachment 1-13 —Invoice: Grantee's Employee(s)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Stella Lewis
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
INVOICE
Agreement #
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
DESCRIPTION
AMOUNT
Dates of Service:
Deliverable Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Salaries
$_
Fringe Benefits
$_
Travel
$_
Postage
$_
[other direct costs: identify them]
$_
TOTAL
$_
Page 28 of 37 (1
Rev. 6/1/18 �O
Agreement #
Attachment 1-C — Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Employee(s)
GRANTEE'S NAME:
FEIN:
Agreement No.:
TO:
Florida Department of Economic Opportunity
Division of Community Development
Attn.: Stella Lewis
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
INVOICE
INVOICE NO.:
INVOICE DATE:
FOR:
[Grantee name]
[Grantee address]
[Grantee phone number]
DESCRIPTION
AMOUNT
Dates of Service:
Deliverable Completed:
[copy description of the deliverable from Scope of Work, Section 3]
Category expenditures:
Contractual Services
$_
Salaries
$_
Fringe Benefits
$_
Travel
$_
Postage
$_
[other direct costs: identify them]
$_
TOTAL
$_
Page 29 of 37
Rev. 6/1/18 91
Agreement #
Attachment 1-D
Rick Scott DEQCissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT f
ECONOMIC OPPORTUNITY
Grant Agreement Final Closeout Form
FLAIR Contract to:
Recipient Name: Contact Amount $0.OD
Vendor m: Deobligated Funds $0.00
Contract End Date: Final Contract Amount $0.00
Section A: Financial Reconciliation
1Total Recipient Funds Received from DEO $0.00
2 -Total Recipient Expenditures $o.00
3. Balance of Unexpended Program Income (from Section BJ $0:00
4.If negative, this amount must be refunded to the Department If positive, this amount is to be remitted to the Recipient $000
Section B: Statement ofRecipient Income
0 There was norecipient Income eamedunder this contract.
The following recipient Income was earned under this contract
Description of Recipient Income
Source
Amount Expended
Balance
Description and Serial Number
Quantity
Acquisitions
Total Program income
$000 $O OD
$000
CMie� C Preeerty tmenGhry fnAifi®tim
fi No tangible property was purchased in the contract period.
f All non -expendable and non -consumable tangible property having a useful life of more than one year and acquired
at a cost of $1,000 or more per unit with grant funds are listed below. I do hereby certify that the property inventory
described below is complete and correct Notification will be sent immediately to the Department of Economic
Opportunity if any changes occur to this inventory. I will not destroy, sell, or otherwise dispose of this property
without written permission of the Department
0 scriptionof ropertV Inventory
Description and Serial Number
Quantity
Acquisitions
Condition
Location
Cost Date
xcum ar meaprem axrurmoan
By sigrdng below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property himmory are true and
Name:
Section E DEO internal Review and Approval
Signature:
Date Signed:
By signing below, l certify, that the above representations for Financial Reconciliation, Recipient income and Property inventory are true and
accurate.
Name: Signature•
Tide: Date Signed:
7015
Rev. 6/1/18 7G2
Page 30 of 37 9
Agreement #
Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient (herein otherwise referred to
as "Grantee") may be subject to audits and/or monitoring by DEO as described in this Attachment
2.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR part 200 and Section 215.97,
F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEO staff, limited scope audits as defined by 2 CFR Part 200, as revised, and/or
other procedures. By entering into this agreement, the recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to
comply with any additional instructions provided by DEO staff 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 (CFO) 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 2 CFR Part 200, as revised.
1. In the event that the recipient expends $750,000 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 2 CFR Part 200, as revised. EXHIBIT 1 to this agreement indicates Federal
resources awarded through DEO 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 DEO. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by 2 CFR Part 200, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of 2 CFR Part 200, as revised, 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 F of 2 CFR
Part 200, as revised.
3. If the recipient expends less than $750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of 2 CFR Part 200, as revised, is not required. In
the event that the recipient expends less than $750,000 in Federal awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, as
revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such
an audit must be paid from the recipient resources obtained from other than Federal
entities).
Page 31 of 37
Rev. 6/1/18 93
Agreement #.
4. Title 2 CFR 200, entitled Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, also known as the Super Circular, supersedes and
consolidates the requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-
133 and is effective for Federal awards or increments of awards issued on or after December
26, 2014. Please refer to 2 CFR 200 for revised definitions, reporting requirements and
auditing thresholds referenced in this attachment and agreement accordingly.
PART II: STATE FUNDED This part is applicable if the recipient is a non -state entity as defined
by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to
or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending September
30, 2004 or thereafter), 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 agreement indicates state financial assistance awarded through DEO 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 DEO, other state agencies, and other non -state entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate
entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for
fiscal years ending September 30, 2004 or thereafter), 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
Statues, the cost of the audit must be paid from the nonstate 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. Additional information regarding the Florida Single Audit Act can be found at:
http://www.mvflorida.com/audgen/pages/flsaa.htm
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
Page 32 of 37
Rev. 6/1/18 94
Agreement #,
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.)
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, as
revised, and required by this greement shall be submitted, when required by Section .512, 2
CFR Part 200, as revised, by or on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): or Paper (hard copy):
Audit@deo.myflorida.com Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Federal Audit Clearinghouse designated in 2 CFR Part 200, as revised (the number of
copies required by Section .512, 2 CFR Part 200, as revised, 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
C. Other Federal agencies and pass-through entities in accordance with Section .512, 2 CFR Part
200, as revised.
2. Pursuant to Section .512, 2 CFR Part 200, as revised, the recipient shall submit a copy of the
reporting package described in Section .512, 2 CFR Part 200, as revised, and any management
letter issued by the auditor, to DEO at each of the following addresses:
Electronic copies (preferred): or Paper (hard copy):
Audit@deo.mvflorida.com Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
3. Copies of financial reporting packages required by this agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
Page 33 of 37
Rev. 6/1/18 95
A. DEO at each of the following addresses:
Electronic copies (preferred):
Audit@deo.mvflorida.com
Agreement #
or Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by this agreement shall be submitted
by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO
pursuant to this agreement shall be submitted timely in accordance with 2 CFR Part 200,
Florida Statutes, and 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 DEO for audits done in
accordance with 2 CFR Part 200 or Chapters 10.550 (local governmental entities) or 10.650
(non-profit 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, or five (5) state
fiscal years after all reporting requirements are satisfied and final payments have been received,
whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are made
available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5)
years from the date the audit report is issued, unless extended in writing by DEO. In addition, if
Page 34 of 37
Rev. 6/1/18 96
Agreement #
any litigation, claim, negotiation, audit, or other action involving the records has been started
prior to the expiration of the controlling period as identified above, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of
the controlling period as identified above, whichever is longer.
- Remainder of Page Intentionally Left Blank -
Page 35 of 37
Rev. 6/1/18 97
Agreement #
EXHIBIT 1 to Attachment 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY — CSFA 40.024 — GROWTH
MANAGEMENT IMPLEMENTATION - $
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
• ACTIVITIES ARE LIMITED TO THOSE IN THE SCOPE OF WORK.
NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
- Remainder of Page Intentionally Left Blank -
Page 36 of 37 (gyp
Rev. 6/1/18 70
Agreement #
Grantee Name:
FEIN:
ATTACHMENT 3
Audit Compliance Certification
Grantee's Fiscal Year:
Contact Person Name and Phone Number:
Contact Person Email Address:
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement
(e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)?
Yes No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $750,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific audit
requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? Yes No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all othersources of federal awards
combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit
requirements of 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
Signature of Authorized Representative
Printed Name of Authorized Representative
Date
Title of Authorized Representative
Page 37 of 37
Rev. 6/1/18 99
M 6
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: October 5, 2018
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Ranking of Firms and Authorization to Negotiate — RFQ 2018063 Continuing
Architectural Services
BACKGROUND:
On behalf of the Parks Division and in accordance with FS 287.055, Requests for Qualifications
(RFQs) were solicited for architectural services on a continuing contract basis. The County does not
currently have continuing consulting agreements in place for architectural services, but staff
identified the need for such agreement, in the immediate term to facilitate pending conservation
land projects. Other departments such as Community Development and Public Works are
expected to benefit from the availability of these continuing agreements, as well. Term of award is
anticipated to be three years with two one-year renewal options available.
RFQ RESULTS:
Advertising Date:
RFQ Opening Date:
DemandStar Broadcast to:
RFQ Documents Requested by:
Replies:
June 3, 2018 and July 25, 2018
June 26, 2018 and August 22, 2018
252 Subscribers
22 Firms
7 Firms
ANALYSIS:
Two responses were received to the original solicitation. A selection committee comprised of Beth
Powell, Conservation Lands Manager, William Johnson, P.E., Roadway Production Manager, and
Steven Hitt, Senior Environmental Planner independently evaluated and scored the received
statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual.
Those firms were ranked as follows:
1. Donadio and Associates, Architects, P.A.
2. EDB Architects & Associates, P.A.
In order to comply with the FS 287.055 requirement to "select in order of preference no fewer
than three firms deemed to be the most highly qualified to perform the required services," the
Purchasing Division attempted to locate other recent architectural firm qualifications on hand for
the committee to consider. No comparable qualifications were found, and, therefore, the
100
committee decided to request additional responses via Demandstar, with a due date of August 22,
2018. Three additional responses were received, reviewed and subsequently ranked by the
committee. The ranking of supplemental firms developed by the committee is:
1. CPZ Architects
2. Tsark Architecture, LLC
3. Architectural Building Corp. '
All five firms were invited to participate in the interview phase. At the conclusion of the
interviews, each committee member listed his or her overall ranking of firms, and a final ranking
was established by the committee. All five firms are recommended for award, based on
anticipated volume of work and the varied types of capabilities offered by the firms. Final
agreements will be presented to the Board at a later date for approval.
The final ranking established by the committee is:
Responding Firm
Location
1. CPZ Architects, Inc.
Jupiter
2. EDB Architects & Associates, P.A.
Vero Beach
3. Donadio and Associates, Architects, P.A.
Vero Beach
4. Tsark Architecture, LLC
West Melbourne
5. Architectural Building Corp.
Jupiter
FUNDING:
Funding for work orders under these agreements will vary, based on project and department.
RECOMMENDATION:
Staff recommends the Board approve the committee's final ranking and authorize negotiations
with all five of the responding firms in accordance with FS 287.055, Consultant's Competitive
Negotiation Act.
For October 16, 2018
101
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: September 28, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: John M. Boyer, P.E., Utilities Engineer
Subject: 2018-047: US 1 Air Release Valve and 24" Force Main Replacement
Change Order #2 and Final Pay Request
DESCRIPTIONS AND CONDITIONS:
On May 1, 2018, the Board of County Commissioners (BCC) approved an agreement with contractor Johnson Davis,
Inc., (Johnson Davis) to replace an air release valve (ARV) and a portion of the 24" diameter force main at 10595 US
Highway 1 near Sebastian. On August 14, 2018, the BCC approved Change Order 1, which added to the contract the
replacement of a second ARV, increased the size of the temporary by-pass force main, and authorized staff to direct -
purchase a 24" gate valve.
Construction commenced on August 21, 2018, and was completed on September 14, 2018. During construction, a
drainage structure was found to conflict with one of the temporary by-pass force main routes, and staff directed
Johnson Davis to remove and re -install the structure. This work was not included in the original scope and is
considered additional.
Johnson Davis has completed the project within the contract time and under the contract amount. They are
therefore submitting for approval Change Order #2 to add to the contract the removal and replacement of the
drainage structure, and deleting the Force Account from the contract. They are also submitting their Final Pay
Request.
ANALYSIS:
Johnson Davis has submitted Change Order#2 to remove and replace the drainage structure, form and pour 5 valve
pads, and delete the contract's Force Account. This will reduce the contract from its current value of $252,658.00 to
$238,658.00.
The actual cost of the 24" diameter gate valve was $14,631.92. The total cost of the project will thus be $253,289.92.
Johnson Davis is also submitting their final pay request in the amount of $134,802.68.
FUNDING:
Funding for this project is derived from the Replacement and Renewal (R&R) budget in the operating fund. The
operating fund budget is derived from water and sewer sales.
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
US 1 Air Release Valve and 24" Force
Main Replacement
47123536-044699-18516
$253,289.92
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@580DA871\@BCL@580DA871.docx 102
Bid #2018-047
US 1 Air Release Valve and 24" Forcemain Replacement
CO #2 and Final Pay Request
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Johnson Davis Change Order No. 2 to reduce
the contract amount and authorize final payment in the amount of $134,802.68.
ATTACHMENT(s):
1. Change Order No. 2 (w/ Attachments)
2. Johnson Davis, Inc. Final Pay Request
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@580DA871\@BCL@580DA871.docx 103
Change Order #02
PROJECT: US 1 Air Release Valve and 24" Forcemain Replacement
DATE OF ISSUANCE: September 28, 2018
OWNER: Indian River County Dept. of Utility Services
CONTRACTOR: Johnson Davis OWNER's Project No.: 2018-047
You are directed to make the following changes in the Contract Documents:
Add remove & replace drainage structure (MES) and install valve boxes & pads.
Delete Force Account.
Reason for Change Order:
An existing drainage culvert's concrete mitered end section (MES) was found to conflict with
the temporary 12" by-pass force main route. IRC staff directed the Contractor to remove and
replace the MES. IRC Staff also directed Contractor to install valve boxes & concrete pads so
the by-pass tapping valves may be used for future connection.
The Force Account is being deleted for the Final Pay Request.
Attachments: See itemized schedule
CHANGE IN CONTRACT
PRICE:
Time
Description
Amount
Original Contract Price
$124,000.00
Net Increase (Decrease)
$128,658.00
from.previous Change
Orders No. :
(days)
Contract Price prior to this
$252,658.00
Change Order:
Net increase (decrease) of
- $14,000.00
this Change Order:
(days or dates)
Contract Price with all
$238,658.00
approved Change Orders:
ACCEPTED:
(Signature)
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days or dates)
Substantial Completion:
Final Completion:
Net change from previous Change
Orders No.:
(days)
Substantial Completion:
Final Completion:
Contract Time prior to this Change
Order:
(days or dates)
Substantial Completion:
Final Completion:
Net increase (decrease) this
Change Order:
(days or dates)
Substantial Completion:
Final Completion:
Contract Time with all approved
Change Orders:
(days or dates)
Substantial Completion:
Final Com letion'
---- --------------
RECOMMENDED
ities Engineer
APPROVED:
By:
OWNER
Date:
FAU111illeMUTIIITY - EngineeringlProjecls - Capital Projectsk18.0125 ARV Replacement - US 1 FWConslructionlChange Orders100942 - Change Order 02.docx
00942 - Change Order 02.docx
00942-1 104
Summary: Change Order #2
2018-047 US 1 ARV Replacement
Indian River County Utilities
Date: September 28, 2018
105
Labor Cost
Bid Item
No.
Bid Item Description
Estimated
Quantity
Unit of
Measure
Unit
Price
Total item:
Price
Change Order 2
CO2 -1
Add: Remove and Replace Existing Drainage Structure
(Mitered Pipe End), Form and Pour 5 ea Valve Pads (see
Johnson Davis Proposal)
1
EA
$1,000.00
$1,000.00
CO2 -2
Delete: Force Account
(1)
LS
$15,000.00
-$15,000.00
Total Change Order 2
-$14,000.00
105
t
JOHNSON -DA VIS INC.
604 HILLBRATH DRIVE
LANTANA, FL 33462-1694
PHONE: 561-588-1170 FAX. 561-
585-5252 CU-CO43087
I October 2018
Indian River County Dept. of Utility Services
1801 27'h. Street
Vero Beach Fl. 32960
Attention John Boyer, P.E. (Utilities Engineer)
RE: U.S. 1 ARV and 24: Force Main Replacement Project (Additional Work Item)
John,
Johnson -Davis Inc. shall re -install lea. mitered end section at 10595 US -1 in Sebastian, as well as form and
pour Sea. valve pads for the lump sum price of $1,000.
ThankJ7
Ridiard j. FICIler
Project Manager
604 Hillbrath Drive,Lantana, FL 33462
"Construct with Confidence"
(561) 815-3023 - cell
(561) 588-1170 — office
(561) 270 —1814 — direct
(561) 585=5252 —fox
rheller@joh nsonda vis. com
106
APPLICATION AND CERTIFICATE FOR PAYMENT
AIA DOCUMENT G703
PAGE 1 OF 2 PAGES
DEDUCTIONS
US 1 Air Release Valve and 24' Forcemain
b. of Stored Stored Material S
Replacement
0.00
TO CONTRACTOR:
PROJECT: APPLICATION NO;
TWO Distribution to:
Indian River County -Engineering Division
INVOICE NO:
2 Owner
1801 27th Street
Pro)ecl 0 Bid If 2018-047
_ Architect
Vero Beach, FL 32960
07131/18
128,658.00
Attn: Mr. John Boyer, P.E.
PERIOD T0:
9130/2018 _ Contractor
0.00
Contract date:
5/1/2018 _
FROM (CONTRACTOR):
VIA (ENGINEER):
S 103.855.32
Johnson -Davis Inc.
Contract:
_
604 Hillbralh Drive
Net change by Change Orders 114,658.00
S -
Lantana, FL 33462
CONTRACT FOR: US 1 Air Release Valve and 24' Forcemain Replacement
CONTRACTOR'S CERTIFICATE FOR PAYMENT Application is made for Pi menL as shown below, in connection with the Contract. Continuation Sheets, AIA Document G703, is attached.
CHANGE ORDER SUMMARY
Change Orders approved in
ADDITIONS
DEDUCTIONS
previous months by Owner
b. of Stored Stored Material S
TOTAL
0.00
0.00
Approved this Month
0.00
Number
Date Approved
S
Change Order A'01
07131/18
128,658.00
(Line 4 less Lina 5 Total)
.Change Order #02
10/16/18
0.00
(14,000.00)
FOR PAYMENT (Line 6 from prior Certificate)
0.00
S 103.855.32
8. CURRENT PAYMENT DUE
TOTAL
128,658.00
14,000.00
Net change by Change Orders 114,658.00
The undent9mil Contactor Canteas that to the best of the Contractoes K-Medpe.
Intonnaton and boltet the want caveted by tris Apperallon fa Payment has been
completed In attadansb with the COMCI DOCUlnents. W I all ametxln tum been
pald by the Contractor Ix wank fa emi•.h PI.A.5 UnIkOros far Payment were
Usued and payments lecehed from the Owed, and Cal anent Pa)mem atlaA
herein Is now ddo.
CONTRACTOR: Johnson -Davis, Inc.
By:
CERTIFICATE FOR PAYMENT
Date: 10/212018
In accavdanmwith tw Convact Donhmems, based on—stte obser !iW3 and vro
dem comprlsuV the above application. the AreheSa cenf.,es to Me Owner Met to the
best of Uro ArcNtect'f knd *dge, Information and Naef the work halt progrossed as
indicated, the quality, of Ne wOn, la In aeeardame with the Conoad DOCnmMte, and
trio Cormocte, Is oneted to payment of M AMOUNT CERTIFIED.
1. ORIGINAL CONTRACT SUM
2. Net change by Change Orders
3. CONTRACT SUM TO DATE (Line 1 ♦ 2)
4. TOTAL COMPLETED 8 STORED TO DATE
(Column G on G703)
5. RETAINAGE
124.000.00
114,658.00
238.658.00
238.658.00
e. 0% Retainage S
(Column 0 + E on G703)
b. of Stored Stored Material S
(Column F on G703)
Total Retainage (Line Sa - 5b or
Total in Column I of G703)
S
6. TOTAL EARNED LESS RETAINAGE
S 238.658.00
(Line 4 less Lina 5 Total)
7. LESS PREVIOUS CERTIFICATE
FOR PAYMENT (Line 6 from prior Certificate)
S 103.855.32
8. CURRENT PAYMENT DUE
5 134.002.00
9. BALANCE TO FINISH
S -
(Line 3less Line 4)
Stale of: FLORIDA County of:
Palm Beach
Subscribed and swam to before me this 02nd dayol October 2018
o�y%I po"
IARISADITU PELKEY
Commission g GG 157707
Notary Public: f
My
Expires January 22,2022
Commission expires: 01-22.2022
+iFD' M1arc'
Bablod0iifas;m ,t,ryS'nsoo:
(Attach explanation If amount certified differs from the amount applied for.)
ARCHITECT:
By. Date:
This ceNfcato Is not neyodable. The AMOUNT CERTIFIED Is payable omy to the
Convector named herein. tswance, payment and eaapmnod of payment ae wIMW
pre w= to any rghts of the Owner of Caaravw under tts Convect
107
IRC PROJECT NO. IRC -2018447
US I All RIleaso Volvo and 24" Forcemairs Replacement
PAY APP NO. 2
j_LLEDULEDVALUI APPLICATION THIS I
I % MATERIALS BALANCE TO FINISH
e. Ni. OTY UNrunit Price Amount OJANTTVf Anemi01AUTIY' Arn-t
01JANTITY 1 Amount I s7our). I O.A.TITI ( Annenmi
1 & Remove Tenipcua,y RTI 80
LF
$ 25.0iInstall
2,000.0D
0.00
0.00
0.00
O.DO
0.001.
O.DO
90.00 2,030.00
2 instatl 24" Line Stops 2
EA
$ 20.ODO.00
I 40,OM,00
J
0.00
2.00
40.000.02.00
40,00D.00
300.W!'.
0.00
0.00.00
Remove Existin24" DIP and Relace rnwith 24" PVC Forceam!
g p
120 LF +/-, Night W.,k) I
IS
$ 25.000.001
11,0025,00.00.00
1100
2S.00D.00
1.00
25,000.00
100.00-11,
0.00
0.03 0.00
-.1
5 ittemcn,eg Replace 2"ARVand Manhole I 3
IS
$ 20.000.001
20"0.00
i
0.0o
110
1 20,000.00
1 1.0
20,000.00
100.005%
0.00
ORD 0.00
6
Restoration (Sod, asphalt etc.)
IS
5 5,000.00
1 "000-00
0.00
3.00
5.000.00
1.00
S,000.00
100.OD3
0.00
0.00 0.00
7
iPublic Construction Bond I
I IS
5 2.00.001
2,000.00
0.00
1.00
2,000.00
1.00
2,000.00
100.00';,i
0.03
Witt)
O.W
1hiobilization. Demobilization, MOT refer to Section 1.03 for I
8
1hlov. A on.%
IS
5 15,000..l
15,000.00
1 0.00
1.00
i 25.0DO.00
1 1.00
1 15.000.00
100.00%
0.00
0.00
O.C)O
9
Force Account
IS
$ 15,0 0.0
35.00.00.01)
1.00
25,000m
cool
Ld� ILst�l I �.f!e �jiave Tem Lo�.,, LJ�L!� Farcernam 1 200
128.29
25,658.00
1
120.00
60.00
10,263.20
200.00
25,658.00
100.001".
0.00
D.DO
0.00
Add:Install 24" Line Stops 2
EA
5 20.000.001
40,W0.*0
1 2.00
0.01)
OX10
2.00
4D,000.00
100.0011.
0.00
0.00
0.00
Remove Existing 24" DIP and Replace will; 24" PVC
jAdd:
Forcemnin
I
IS
I $ 25,000.001
'S�000'00
1.00
25,000.DD
i j-
oko
0.00
1.00
i
25,000.00
100.0051.
I
O.Do
0.00
0.00
�Acfti P. Replace 2" ARV & Manhole
IS
S 2O.ODD.DO
1 21,010.0D
1.00
20,00.00
1 0.00
0.00
1.00
20.WD.00
100.W"&
0.00
0.00
0 -OR
'Aftiftestowlion
(Sod, Asphalt. Etc)
I
IS
1 $ 5.000.00
5.000.00
1 0.00
1 2.00
5,000,00
1.00
SODO.
0.00
0.00
0.00
lAdda,lobilizatiopm
to 2nd ARV
I
IS
S 15,000.001
11,010.00
1 2.00 1
2S,W0.00
1 0.00
1 ODD
2.00
15100.0
100.00%
0.00
1
0.00
0.00
:Delete: 8' By -Pass & Related
-80 1
LF
$ 25.001
-2,000,00
1 0.00
1 0.03
1 0.00
1.00
1
0.00
0-00
0.00%
1 0.00
00
-2.000.00
'c"'ll: Remove & Replace CAstirg, Urn Structure (Mitered Pipe
CO2 -1 !End Form& Pour Valve Pads
--j
EA
$ 1,00D.00 I
1.000.00
ODD
I
0.00
1.00
1,000.00
1.00
1,000.00
0
0.00
0.00
CO2 -2 _(Delete Force Account
-1 1
IS
S 15.000,001
-15,0DO.00
0,00
0.00
0.00
I 0-00
0.00
I 0.00
0
-1.00
-15,000.0
SUB TOTAL
230,6SB.W
j
115,394.80
13,263.20
0.00
I 238,658.W
11 0.0"
1
1 0.00
US1-Air Release Valve and 24" Forcemaln
I
Replacement
TOTAL 238,658-001
TOTAL 115,394.801
TOTAL 123,263.201
TOTAL 238.658.00
TOTAL 0.0
TOTAL
AMOUNT COMPLETED TO DATE
MATERIALS STORED TO DATE
SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE
RETAINAGE OF WORK COMPLETED AT Olt
TOTAL COMPLETED AND STORED LESS RETAINAGE
LESS PREVIOUS PAYMENT
AMOUNT DUE CONTRACTOR
$238,658.00
$0.00
i2381658-00
--JOU-0-0
$238.658.00
$103,855.32
5134.802.69
108
Consent Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: September 26, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Terry Southard, Operations Manager
Rich Meckes, Wastewater Superintendent
Subject: Final Payment to Summit Construction for Bid #2018064, North Wastewater Fence
Replacement
DESCRIPTIONS AND CONDITIONS:
The project to replace the North Wastewater Facility Fence was awarded to Summit Construction of Vero
Beach by the Board of County Commissioners (BCC) on July 17, 2018, in the amount of $125,800.00.
ANALYSIS:
The project is complete and services are now concluded. The total amount approved for Bid #2018064,
North Wastewater Fence Replacement, is $125,800.00. Payment of the final invoice of $125,800.00,
inclusive of retainage, will release the County's obligation to Summit Construction of Vero Beach.
FUNDING:
Funding for the North Wastewater Fence Replacement is available from the Utilities fund, Account
Number 47123536-044699-18523. These funds are derived from the Operating Fund, which is financed
from water and sewer revenues. This will be expensed in Fiscal Year 2017-2018 since the services were
completed by September 30, 2018.
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
North Wastewater Fence Replacement
1 47123536-044699-18523
$125,800.00
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Final Payment to Summit
Construction of Vero Beach in the amount of $125,800.00.
ATTACHMENT(s):
1. Invoice #280-01 from Summit Construction of Vero Beach
2. Before/After Pictures
Page 1 of
�On
C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@FOOC1C32\@BCL@FOOC1C32.doc 7
Summit Construction of Vero Beach, LLC CBC 1259095
2837 Flight Safety Drive, Vero Beach, FL 32960
INVOICE #280-01
Indian River County Public Works
1801 27th Street
Vero Beach, FL 32960
finance(a)ircgov,com
September 24, 2018
RE: North WWTF Fence Replacement, Vero Beach Bid #2018064
DESCRIPTION
AMOUNT
Work performed to date:
Removal & remplacement of fence
per Contract Agreement 100% complete
$ 125,800.00
Thank you
TOTAL DUE
$ 125,800.00
110
Phone 772-794-2099 www.suminitcm.net Fax 772-794.2097
East Fence Line
0
A
E
e
F_1
0
,:+ n )' T �, Y f7` t v h -„ .x - ♦ ' R_ y ash .,i -
Ca IIR t
war-. Jt• y".v � _ 4 r:?. '`\„�»`iS`'r ,,,, "
4SnkF,.�^^rrA��
meq"..-
it., Sn�ray�•y.�.,"_ olp� _
+ter s�t► �y J 3f y s yr r.�''J?�ys�
-4r,w�j:rr -' «...,,,.,gy','a)�'tt., `�, ••�"k"�,++�.,j. i'�j'�.faY.'t.'�,""G +`'�[�.re{` �.
West Fence Line
Ar
L
e
r
North Fence Line
A
f
t
e
r
i
4+y .{r J�✓�
i�~ a.Ar
# , + ^r .�,.�+.•` i.�..+��Ut'i+'�'y2� ,.^.y,v�.c'+w C. A; j.51
�.y...� Iw.-«...i•'s } ,.w�+'iT"!'^�+ ..r :,' f,'f`';' Y ' ,V ' ;«..JC��,+'.,,,�7;y;,�.. „y'� �i 4 Wtl
.r 't� ......_. t ,.r.xa^- _ -�,_ ,� n.4 .ter. "�4`��►- "'rly �i:�"�`` FC'_r.,. �' 'rx-4: '.mac
ti
" A
i�
..fig v ?� j: �. ,�r• `� :w i'r+ �, �rv,i ,.a�ys r'',t•+`' .`' `� //,r/•�.,���'"h.. \,,�""�,..,_..—....,.., ,_,,,� "",,.",I
At. Fit' 7-^] �,.�',i •Y.,. `}.t..':
W-77
,
,N 7VVI i^ �'+ .1(' ��N ^ ;' . ,yy �' r . �" '.w.•AMyMM�"'
,4e,. ✓..t 'G'•:r;,,�. ti wy.t. .R i*"„fi ..7"Art"^ ���� N� , M' +� .. 'i' .tom, .ti.tr.i
I,iMNN q�""" ;�j' t ;t .sj �T{t •c�+`.f t � r 'i � � r%'�",,*'. 4.i '�+ i `� r � "\. ^1
1 oM
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
Phillip J. Matson, AICP; MPO Staff Director
FROM: Brian Freeman, AICP; Senior Transportation Planner
DATE: October 4, 2018
SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida
Department of Transportation (FDOT) for a Service Development Grant
It is requested that the information herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of October 16, 2018.
DESCRIPTION & CONDITIONS
For the past several years, Indian River County has applied for and received mass transit operating
assistance from the Florida Department of Transportation (FDOT). Those FDOT funds, combined
with local funds, serve as the required match towards federal transit operating assistance received
under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program).
Those local, state and federal funds are then passed through to the Senior Resource Association
(SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed
route) and the Community Coach (demand response) transit services.
In 2016, FDOT awarded the County with a Service Development grant to expand GoLine service
hours on Saturdays. That grant provided $500,000 in funding over a two-year period. With those
funds, Saturday service hours were increased in December 2016 from six hours (9 am — 3 pm) to
nine hours (8 am — 5 pm). Due to the expansion of Saturday service hours, GoLine ridership on
Saturdays increased from 82,516 passengers in FY 2016 (before the expansion) to 103,446
passengers in FY 2017 and 128,277 passengers in FY 2018.
At this time, FDOT is providing the County with $300,000 in additional funding to continue the
expanded Saturday hours for a third year. To receive the Service Development Grant funds, the
County must enter, into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of
which is attached to this staff report (Attachment #2).
C:\Users\lcgistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900CA4E6\@BCL@900CA4E6.docx 118
As is the case with FDOT's Public Transportation Block Grant program, this grant has a 50% local
match requirement. Matching funds are available in the County's normal transit allocation. Like the
Block Grant, both the local contribution and the FDOT funds can be combined as a local/state match
towards federal operating assistance through the federal Section 5307 program, which is the county's
largest funding source for transit.
ANALYSIS
As with the FTA Section 5307 grant program, only public agencies may be designated recipients of
Service Development Grant funds, although the funds may be passed through to a nonprofit provider.
Under these restrictions, SRA has requested that the Board of County Commissioners apply for state
Service Development Grant funds on its behalf.
The attached Public Transportation Grant Agreement (PTGA) is an agreement between FDOT and
Indian River County specifying the requirements which the County must meet in order to receive
Service Development Grant funds. In this case, the funds are to be used to maintain existing levels of
service while also expanding service hours on Saturdays.
The attached resolution (Attachment #1) authorizes the Chairman of the Board of County
Commissioners to execute the PTGA for Service Development Grant funds. Upon the Board's
adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the
PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the
County and passed along to the Senior Resource Association (SRA), the County's public
transportation provider, so that the SRA can continue providing fixed route and demand -response
transit service. The provision of such service is consistent with the findings of the MPO's adopted
10 -year Transit Development Plan and 2040 Long Range Transportation Plan.
FUNDING
Funding in the amount of $300,000 is budgeted and available in the General Fund/Community
Transportation Coordinator account (Account Number 00111041-088230). These funds are part of
the allocation given to the Senior Resource Association to provide transit service in the county.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached Public
Transportation Grant Agreement and adopt the attached resolution authorizing the Chairman to sign
the agreement.
ATTACHMENTS
1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement
2. FDOT Public Transportation Grant Agreement
3. Grant Budget Form
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RESOLUTION NO. 2018 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A
PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, Indian River County has applied for and been allocated state mass transit
operating assistance under FDOT Procedure number 725-030-005, also known as the Service
Development Grant Program; and
WHEREAS, Indian River County, as the designated recipient of federal and state public
transportation funding, must be the recipient of those funds on behalf of the Indian River County —
Senior Resource Association; and
WHEREAS, Indian River County is eligible to receive grant funding under Section
341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and
WHEREAS, the Florida Department of Transportation provides Service Development Grant
funds to Indian River County to assist in the continuance and expansion of local public transportation
services.
NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS:
1. That the Chairman of the Indian River County Board of County Commissioners is authorized
to execute a public transportation Joint Participation Agreement with the Florida Department
of Transportation to obtain $300,000 in FY 2018/19 state Service Development Grant funds
for operating assistance as part of the County's ongoing public transportation service.
2. That the Indian River County Community Development Director or his designee is
authorized to furnish such additional information as the Florida Department of
Transportation may require in connection with the County's Service Development Grant.
THIS RESOLUTION was moved for adoption by , and the
motion was seconded by , and, upon being put to a vote, the vote was
as follows:
Chairman Peter D. O'Bryan
Vice -Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
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RESOLUTION NO. 2018 -
The Chairperson thereupon declared the resolution duly passed and adopted this i 16th day
of October .5 2018.
BOARD OF COUNTY CONBUSSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Peter D. O'Bryan, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State
and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the
Board of County Commissioners, and , as Deputy Clerk, to me known to be
the persons described in and who executed the foregoing instrument and they acknowledged before
me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this '16th day
of October .5 2018.
Notary Public
APPROVED AS TO LEGAL SUFFICIENCY
SEAL:
Dylan Reingold,
County Attorney
APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS
I�
Stan Boling, AICP, Director
Community Development Department
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Financial Project Number(s):
(item -segment -phase -sequence)
438523-1-84-01
Contract Number:
CFDA Number:
CFDA Title:
CSFA Number:
CSFA Title:
N/A
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Fund(s):
Work Activity Code/Function:
Federal Number/Federal Award
Identification Number (FAIN) — Transit only:
Federal Award Date:
Agency DUNS Number:
55.012
Public Transit Service Development Program
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 09118
DPTO FLAIR Category: 088774
215 Object Code: 751000
Org. Code: 55042010428
Vendor Number: VF596000674006
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into this day of
, by and between the State of Florida, Department of Transportation, ("Department"),
and Indian River County Board of County Commissioners, ("Agency"). The Department and the Agency are
sometimes referred to in this Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Go -Line Improvements, Year 3, as further described in Exhibit "A", Project Description and
Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
_ Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_ *Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Financial Assistance (Single Audit Act)
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
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5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through October 31, 2019. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _ day of _,
or within _ days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above -required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Agency
of such termination in writing at least thirty (30) days prior to the termination of the Agreement,
with instructions to the effective date of termination or specify the stage of work at which the
Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
9. Project Cost:
a. The estimated total cost of the Project is $600,000. This amount is based upon Exhibit "B",
Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated
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amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$300.000, and, additionally the Department's participation in the Project shall not exceed
50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B",
Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the
amount of the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit "B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit "F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
Travel expenses are NOT eligible for reimbursement under this Agreement.
X Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
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Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall, within sixty (60) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
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that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120 -day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability, or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection is null and void, and no money may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department. Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted, that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project
Description and Responsibilities.
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11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right -of -
Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. X If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. X If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
I. X Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
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12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
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14. Sale, Transfer, or Disposal of Department -funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department -funded property.
The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
L The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
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b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program -specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "G", Financial Assistance (Single Audit
Act), to this Agreement provides the required Federal award identification information
needed by the Agency to further comply with the requirements of 2 CFR Part 200,
Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal
year, the Agency must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including the Federal award provided
through the Department by this Agreement. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by 2 CFR
Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida
Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F —
Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit(@dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
httos:Hharvester.census.aov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements. However, the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
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additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
A. As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinoleAudit(cDdot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or State of Florida Auditor General.
b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project -
specific audit conducted 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 "G", Financial Assistance
(Single Audit Act), to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply
with the requirements of Section 215.97, Florida Statutes. In determining the state
financial assistance expended in a fiscal year, the Agency shall consider all sources
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of state financial assistance, including state financial assistance received from the
Department by this Agreement, 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, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does.not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit dC dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a 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 Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit cDdot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt(cDaud.state.fl.us
V. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
Vi. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
Vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
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letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. 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 on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non -responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
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e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E -Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Agency shall indemnify and hold harmless the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the Agency and persons
employed or utilized by the Agency in the performance of this Agreement. This indemnification
shall survive the termination of this Agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign
immunity. Additionally, the Agency agrees to include the following indemnification in all
contracts with contractors/subcontractors and consultants/subconsultants who perform work
in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and
hold harmless the Agency and the State of Florida, Department of Transportation, including
the Department's officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity."
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b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self -perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01
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policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non -Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000.01
STRATEGIC
DEVELOPMENT
OGC 09118
j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
AGENCY Indian River County Board of
County Commissioners
By:
Name:
STATE OF FLORIDA, DEPARTMENT OF. TRANSPORTATION
By:
Name: Stacy L. Miller, P.E.
Title: Director of Transportation Development
Title:
Legal Review: Shenika Harris
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGc06118
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): Year 3 operating funds for Go -Line Improvements
B. Project Location (limits, city, county, map, illustration/graphic of project area): Indian River County
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): "Service Development Proiects specifically include projects involving the use
of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and
other such techniques for increasing service to the riding public as are applicable to specific localities and transit user
groups. Proiects involving the application of new technologies or methods for improving operations, maintenance, and
marketing in public transit systems can be funded through the Service Development program. Eligible capital costs
are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include,
but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals
and park and ride facilities: and passenger amenities, such as passenger shelters and bus stop signs. Eligible net
operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income to the
ro'ect."
D. Deliverable(s): Transit Services, Quarterly Reports
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to):
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-02
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GRANT AGREEMENT EXHIBITS OGC0sna
EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial
Fund
FLAIR
Federal
State
Object
CSFA/
CSFA/CFDA Title or
Funding
Project
Type
Category
Fiscal
Fiscal
Code
CFDA
Funding Source
Amount
Number
$600,000
Travel
Year
Year
$0
Number
Description
$0
438523-1-84-
DPTO
088774
N/A
2019
751000
55.012
Public Transit Service
$300,000
01
$0
$0
$0
C.
$0
$0
Development Program
$0
d.
$0 1
Total Financial Assistance
$300,000
B. Operations Phase - Estimate of Project Costs by Budget Category:
Budget Categories
Operations (Transit Only)
State
Local
Federal
Total
Salaries
$0
$0
$0
$0
Fringe Benefits
$0
$0
$0
$0
Contractual Services
$300,000
$300,000
$0 1
$600,000
Travel
$0
$0
$0
$0
Other Direct Costs
$0
$0
$0
$0
a.
$0
$0
$0
$0
b.
$0
$0
$0
$0
C.
$0
$0
$0
$0
d.
$0 1
0
$0 1
0
e.
$0
$0
$0
$0
f.
$0
$0
$0
$0
9.
$0
$0
$0
$0
h.
$0
$0
$0
$0
i.
$0
$0
$0
$0
j.
$0
$0
$0
$0
k.
$0
$0
$0
$0
I.
$0
$0
$0
$0
m.
$0 1
$0
$0 1
$0
n.
$0
$0
$0
$0
o.
$0
$0
$0
$0
P.
$0
$0
$0
$0
Indirect Costs
$0
$0
$0
$0
Projected REVENUE
subtraction
$0
$0
$0
$0
Totals 1
$300,0001
$300,000
$0 1
$600,000
* Budget category amounts are estimates and can be shifted between items without
amendment (because they are all within the Operations Phase), but the revised budget must
be updated and reflected in Florida Accountability Contract Tracking System (FACTS).
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC06118
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA
STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Jayne Pietrowski
Department Grant Manager Name
Signature
Date
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS Occ06/18
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGcosns
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT
(Service Development)
1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, Florida
Statutes.
2. Bus Transit System. In accordance with Section 341.061, Florida Statutes, and Rule Chapter 14-90, Florida
Administrative Code, the Agency shall submit and the Department shall have on file, an annual safety certification that
the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-
90, F.A.C., and has performed annual safety inspections of all buses operated.
3. Progress Reports. The Agency will submit Semi -Annual Progress Reports on monthly ridership data. Reports are
due no later than January 30th for the period ending December 31stand July 30th for the period ending June 30tH
4. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side
comparison of the project goals and actual service data.
5. Submittal of Proposed Time Line. The Agency will submit a Proposed Time Line for Service Development Activities
prior to the commencement of the project.
6. Final Report. At any time when it becomes necessary to terminate the project or at the end of the two years, a Final
Report will be submitted by the Agency. This report will accompany the Final Invoice for reimbursement. The Final
Report will include the following:
a) An evaluation of the attainment of the goals and objectives.
b) The reasons any of the goals were not met.
c) The benefit accrued by the Agency.
d) A statement of the Agency's intent to continue with the service demonstrated.
-- End of Exhibit E --
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC0SHs
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address http://www.myfloridacfo.com/aadir/reference guide/.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS occ06/18
EXHIBIT G
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:—
Awarding Agency: Florida Department of Transportation
State Project Title: INDIAN RIVER SERVICE DEVELOPMENT GO LINE IMPROVEMENTS
CSFA Number: 55.012
*Award Amount: $300,000
*The award amount may change with supplemental agreements.
Specific project information for CSFA Number 55.012 is provided at: https:Happs.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.012 are
https:Happs.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/compliance.aspx
provided at:
144
23 of 23
GRANT NAME: Florida Public Transportation Block Grant GRANT #: GOG90
AMOUNT OF GRANT: $300,000
DEPARTMENT RECEIVING GRANT: Community Development (r)ass through to Senior Resource Association)
CONTACT PERSON: Brian Freeman PHONE #:.(772) 226-1990
1. How long is the grant for? One Year Starting Date: November 1, 2018
2. Does the grant require you to fund this function after the grant is over? Yes X No
3. Does the grant require a match? X Yes No
If yes, does the grant allow the match to be In Kind Services? Yes No
4. Percentage of grant to match: 50 %
5. Grant match amount required: $ 300,000
6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency?
$300,000 annual County match already budgeted in general fund
7. Does the grant cover capital costs or start-up costs? Yes X No
If no, how much do you think will be needed in capital costs or start-up costs?
(Attach a detailed listing of costs.)
8. Are you adding any additional positions utilizing the grant funds? Yes X No
If yes, please list. (If additional space is needed, please attach a schedule.)
Acct.
Description Position Position Position Position Position
011.12
Regular Salaries
011.13
Other Salaries & Wages (PT)
012.11
Social Security
012.12
Retirement Contributions
012.13
Life and Health Insurance
012.14
Worker's Compensation
012.17
Soc. Sec. Medicare Matching
$
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating?
Salaries and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the County over five years? $300,000
145
Grant Amount
Other Matching Costs
Match
Total
First Year
$300,000
$
$300,000
$600,000
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
$
$
$
$
145
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Andy P. Sobczak, Infrastructure Project Manager
SUBJECT: Award of Bid No: 2019005
Victor Hart Sr. Complex Drainage Improvements
DATE: September 28, 2018
DESCRIPTION AND CONDITIONS
On February 6, 2018, the Board of County Commissioners approved Work Order No. 4 with Masteller
& Moler, Inc. for the design of drainage improvements to the existing football field and associated
parking areas at the Victor Hart Sr. Complex located at 4715 43rd Avenue.
Following completion of the design, the project was advertised and a bid opening was held on
September 19, 2018. Six (6) qualified bids were received for the project, a detailed bid tabulation is
on file and available for viewing in the County Engineering Division. The successful bidders and their
respective bids are as follows:
1) Guettler Brothers Construction, LLC
$591,143.00
2) Sunshine Land Design, INC.
$689,007.83
3) Blue Goose Construction, LLC
$733,937.50
4) Summit Construction of Vero Beach, LLC
$747,241.30*
5) Joebear Contracting, INC.
$767,976.80
6) PRP Construction Group, LLC
$769,047.25
*Denotes mathematical rounding error corrected on bid.
Guettler Brothers Construction, LLC is considered to bethe lowest, responsive, responsible bidderfor
the project with a bid of $591,143.00. Guettler Brothers Construction, LLC has satisfactorily
completed similar construction projects for the County. Guettler Brothers Construction, LLC's bid was
$2,354.97 above the Engineer's estimate of $588,788.03.
FUNDING
Funding is budgeted and available in Optional Sales Tax/Parks/Victor Hart Parking/Drainage
Improvements—Account No. 31521072-066510-18005 in the amount of $591,143.00.
146
C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@800C453B\@BCL@800C453B.doc
Page 2
Award of Bid No: 2019005
Victor Hart Sr. Complex Drainage Improvements
October 16, 2018 BCC Meeting
RECOMMENDATION
Staff recommends that the project be awarded to Guettler Brothers Construction, LLC in the amount
of $591,143.00 and requests that the Board of County Commissioners approve the sample agreement
and authorize the Chairman to execute said agreement after receipt and approval of the required
Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved
the agreement as to form and legal sufficiency.
ATTACHMENTS
Sample Agreement
APPROVED AGENDA ITEM FOR OCTOBER 16, 2018
147
Bid No. 2019005/IRC-1760
SAMPLE AGREEMENT
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)
(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, inconsideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
PROJECT DESCRIPTION: This project involves raising the elevation of the football field area, including
repositioning of related items such as irrigation heads to accommodate the new elevation, and re -
sodding the football field and
parking area and site drainage
are included. !i
The P'roje'ct for' which`the Wbrk u
generally described as fol
7Projec!Name:
Bid Number:
Project Address:
ARTICLE 3 - CONTRACT TIMES
3.1 Time of the Essence
irbed areas. In addition, improvements to the existing adjacent
)vements, as well asexpansion.of an onsite wet detention S tem,
the Contract Documents may be the whole or only a part is
ENTS (IRC
OR HART SR. COMPLEX DRaAII AGE IMPROVEM-1760)4-1
2019005
471543 RD AVENUE, VERO BEACH, FLORIDA 32967
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are of the essence of theAgreement.
3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 1201' calendar day after the date when
the Contract Times commenceto run as provided in the Notice to Proceed and completed and ready
for final payment in accordance with the Notice to Proceed on or before the 150'h calendar day after
the date when the Contract Times commence to run.
148
Bid No. 2019005/IRC-1760
3.3 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
Liquidated damages will commence for this portion of work. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER
if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $1,665.00 for each calendar day that expires afterthe time specified in paragraph 3.02
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the
sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13,
below:
` For all Work at the pricessstta�tteed in CONTRACTOR s Bid, attached ereto asFan�exhibit.
B. THE CONTRACT SUM UM subjct�to additions and deductions provided in the Contract Documents:
i
NuLical A'ount:
Written Amount
j iI I
ARTICLE 5 - PAYMENT PROCEDURES
5.1 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved
partial payment request as recommended by ENGINEER in accordance with the provisions
of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The
OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR
until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the
work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five
percent (5%) of the payment amount due to CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract Documents.
Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means
the point at which the County as OWNER has expended fifty percent (50%) of the total cost
of the construction services work purchased under the Bid and Specification Documents,
together with all costs associated with existing change orders and other additions or
modifications to the construction services work provided under the Contract Documents.
149
Bid No. 2019005/IRC-1760
5.2 Pay Requests,
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than fie pert (5%) after fifty perces _(50%)�
completion; and 2) CONTRACTOR will ndseek release from the County as OWNER of the
withheld retainage until the final pay request.
5.3 Paragraphs 5.01 and 5.02 do �nbt�apply to construction services work�purchased by the County as
OWNER which are paid four, in whole' or�in part, with�federal funds and are subjectto federal grantor laws �
t. l � l �
and regulations or requirements that are contrary to any provision of the Local Government Prompt
I 1� t � s
Payment Act.An such -event; payment and retainage provisions shaII-be governed by the applicable grant
requirements and -guidelines. `
5..4 Acceptance of Final Payment as Release. p
U � lJ --- �—
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Agreement and for every
act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement, the Invitation to Bid or the Public
Construction Bond.
ARTICLE 6 — PERFORMANCE. PAYMENT AND OTHER BONDS
6.1 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR
shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid
does not exceed $100,000, no Public Construction/Payment or Performance Bond will be
required.
A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of
security in the form of cash, money order, certified check, cashier's check, irrevocable letter of
credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security
150
Bid No. 2019005/IRC-1760
shall be for the same purpose, and be for the same amount and subject to the same conditions
as those applicable to the bond otherwise required. The determination of the value of an
alternative form of security shall be made by the OWNER.
B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by theOWNER.
C. The OWNER shall record the Public Construction Bond with the Public Record Section of the
Indian River County Courthouse located at 200016th Avenue, Vero Beach, Florida 32960.
ARTICLE 7 INDEMNIFICATION
7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers,
employees, and agents, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in
the performance of the Work.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8:1 In order toinduceOWNER o enter into this Agreemei
representations:
A. CONTRA
AC
ha� examined \and\carefully,studed the
data identified in the Invitation to Bid documents.
1j I I � � I
B! CONTACTOR h�s visited the Site`and become familiar
and Site conditions that may�affect,cost, progress, and
C.�CONTRACTOR is familiar Jithl and is satisfied as'tolall fe
S � � u �
NT� OR ma es the followiri9
ract Documents er and the othrelated
and is satisfied as to the general, I� ocal,
rmance of the Wor, k.
I, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONTRACTOR, and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
151
Bid No. 2019005/IRC-1760
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by
OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.1 Contents
A. The Contract Documents consist of the following:
(1) Inuit t n to Bid 2019005; �F-
1k I
(2) CONTRACTOR S Bid orm (pages 12/t,�14, inclusive);
(3) Bid Bond (page 15);
(4) Drug Free Workplace Form (page 16); k i
(5) Sworn Statement Under Section .105.08, Indian River County Code, on Disclosure of
0--')
Relationships (pages 17 to 18, inclusive); j
Li
(6) Bidders Qualifications Questionnaire (pages 19 to 22, inclusive);
(7) Sworn Statement Under the Florida Trench Safety Act (pages 23 to 24, inclusive);
(8) List of Subcontractors (page 25);
(9) Drawings consisting of a cover sheet and sheets numbered 2 through 13, inclusive, with
each sheet bearing the general title: VICTOR HART SR. COMPLEX DRAINAGE
IMPROVEMENTS;
(10) This Agreement (pages 26 to 34, inclusive);
(11) Public Construction Bond (if applicable) (pages 35 to 37, inclusive);
(12) Certificates of Liability Insurance (page 38);
(13) Notice to Proceed (page 39);
152
Bid No. 2019005/IRC-1760
(14) Appendix A: Indian River County Record / As -Built Drawing specification;
Appendix B: Permit
Appendix C: Permittee's Affidavit Regarding Pollution
(15) Addenda (if applicable) to ;
(16) The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s)
ARTICLE 10 - MISCELLANEOUS
10.1 Terms
Terms used n this Agree rn will ill have the m
� i�l 1
10.2 Assignmenfpf Contract
\ I \ '
�A. / /
No assignment by a,party hereto of any righ'ts;un
another party hereto without the writtenrcons
but without -limitation, moneys that may�beco
with6ut-such-consent (except to the extent that
and/unless specifically stated to�he contra
assignment will release or discharge the,rassign
10.3 Successors and Assigns
eanings indicated n the Invitation to Bid.
der,or interests sJ.he Agreement will be binding on
ent of the party sought to bdbound; and, specifically
me due and 1 moneys that are due'may not be�assigned
� he effect of this restriction may be limited .by law),
ry in any written consentto� an assignment, no
oMffr�om any duty or responsibility under he Contract
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.4 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
153
Bid No. 2019005/IRC-1760
10.5 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for
the Southern District of Florida.
10.6 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractorshall:
(1) Keep and maintain public records required by the County to perform theservice.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that publicr cords that are x mpt or co fie tial and exempt from public
records d sclosure requirements are not disclosed except as authorized by law forthe du'rat'ion of
(► k 1A 1 I +) f f i1� I I I�
m
the contract terand followi
ing completion of the contract ifthe contractor does not transfer the
records torthe County. L)
Zpletion
(4) Upon1 oft the�contract, transfer, at no cost, to the County all public records -in
I� i
possession -of -the Contractor or keep and� maintain public records required by the County to
perform -the service: If the Contra�ctor)transfers alil public records to the County upon completion
pf the contract, t•hekontractor shall destroy6y duplicate public records that are exempt or
f. 1 I 1 1 f 'requirements.
I � !
confidential and exempt from public.records disclosure requirements. If the contractor keeps and
maliritains public records upon completion of the contract the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
154
Bid No. 2019005/IRC-1760
ARTICLE 11- TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have underthis Contract or underlaw:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be
finished within the prescribed time;
(4) if CONTRACTOR assigns this Contractor any money accruing thereon or approved thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment
for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of
his property.
(6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis.
B—OWNER shall, bref ro a terminating eth Contract foCany f the foreg nreasons, notify CONTRACTOR inR
writing of thegrounds for termination and prod ide�CONTRACT0 with ten (10) calendar days to cure
the default to the reasonable satisfaction of the O WRER. �
C. If -the CONTRACTOR fails to correct or within the time provided in�the preceding Sub -Article B,
OWNER may terminate this I6ritract\by notifying CONTRACTOR in�Writing. 9 pon receiving -such
1 1. J � r
notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further
11 i � 1
rightlto possess-oroccup1y the� site or a`ny� materials thereon; provided, however, that the OWNER may
authorize CONTRACTOR to restore any work�sites. I 1
D: The CONTRACTOR shall be liablefor:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;
and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce
its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate
CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such
termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the
work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in
connection with the performance of this Contract. Upon such termination Contractor shall be entitled
to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the County
in the event of such termination.
155
Bid No. 2019005/IRC-1760
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart
each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been
signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on , 20 (the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
INDIAN RIVER COUNTY
By:
Peter D. O'Bryan, Chairman
By:
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL SUFRI IENCY:
Dylan Reingold, County Attorney j
Jeffrey R. Smith Clerk of Court and Comtroller`
P t
'LJ
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: James W. Ennis, P.E., PMP
Title: County Engineer
Address: 180127 th Street. Vero Beach, FL 32960
Phone: (772) 226-1221
Email: Tennis@irceov.com
CONTRACTOR:
By:
(Contractor)
(CORPORATE SEAL)
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
(Title)
156
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 10, 2018
Subject: Miscellaneous Budget Amendment 017
Description and Conditions
On October 2, 2018 the Board of County Commissioners approved additional funding
to cover legal expenses related to All Aboard Florida. Exhibit "A" appropriates $92,500
from General Fund/Reserve for Contingency.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget resolution
amending the fiscal year 2017-2018 budget.
157
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: 017
Entry
Number
Fund/ Department/Account Name
Account Number
Increase
Decrease
1.
Expense
General Fund/County Attorney/Legal Services -All Aboard
00110214-033110-15023
$92,500
$0
Florida
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$92,500
159
7k
CONSENT AGENDA
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the
Board of County Commissioners
DATE: October 3, 2018
SUBJECT: Interfund Borrowing — Fiscal Year 2017/2018
FROM: Kristin Daniels
Acting Budget Manager
At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in
individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in
the fund below:
Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from
the State or Federal government for various grant eligible expenditures.
Staff is requesting approval from the Board of Commissioners for interf ind borrowing in the
fund listed above as well as other funds as necessary.
Staff Recommendation
Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of
individual funds that may occur.
Distribution:
Edward Halsey, Internal Auditor, Finance
160
Fiscal Year
Fiscal Year
Due from Fund
Due to Fund
2016/17
2017/18 (Est.)
Metropolitan Planning
Organization (MPO) - 124
General Fund - 001
$175,000
$100,000
Interfund borrowing is necessary due to the fact that the County is awaiting reimbursement from
the State or Federal government for various grant eligible expenditures.
Staff is requesting approval from the Board of Commissioners for interf ind borrowing in the
fund listed above as well as other funds as necessary.
Staff Recommendation
Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of
individual funds that may occur.
Distribution:
Edward Halsey, Internal Auditor, Finance
160
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Stan Boling, AICP; Community Development Director
THROUGH: John W. McCoy, AICP; Chief, Current Development
FROM: Ryan Sweeney; Senior Planner, Current Development
DATE: October 8, 2018
SUBJECT: Second Hearing for Adoption of a Land Development Regulation (LDR) Amendment
to Chapters 911 and 971 Regarding the Review and Approval Process for Places of
Worship
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of October 16, 2018.
BACKGROUND & ANALYSIS
On September 18, 2018, the Board of County Commissioners (BCC) conducted the first of two public
hearings to consider a land development regulation (LDR) amendment that will change the use
classification and the review and approval process for places of worship from special exception to
administrative permit, and also change one of the specific land use criteria for places of worship. The
proposed LDR amendment was conceptually presented to the Board of County Commissioners (BCC)
by the County Attorney's Office at its March 1, 2016 meeting (see attachment 2). At its September
18 meeting, the BCC considered the specific, proposed LDR amendment, did not recommend any
proposed changes to the ordinance, and by a 5-0 vote set the second, final hearing to consider adoption
of the proposed LDR amendment at the October 16, 2016 regular meeting (see attachment 1).
As discussed at the September 18 meeting, the proposed amendment will address County Attorney
concerns by making the place of worship approval process more objective, consistent with case law.
As proposed, the review criteria will be more objective and remain consistent with past practice
regarding appropriate locations and access for places of worship.
The BCC is now to conduct the final hearing and consider adoption of the proposed ordinance.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed places of worship
ordinance.
161
ATTACHMENTS
1. Excerpt from Draft September 18, 2018 BCC Minutes
2. Excerpt from March 1, 2016 BCC Minutes
3. Proposed Ordinance
162
Board of County Commissioners Meeting Minutes - Draft September 18, 2018
10.A.2. 18-2274 Consideration of a Land Development Regulation (LDR) Amendment to Chapters
911 and 971 Regarding the Review and Approval Process for Places of Worship
(Legislative)
Recommended action: Staff recommends that the Board of County Commissioners: 1. Direct staff to make
any changes necessary to the proposed ordinance, and 2. By a vote of 4 or 5 BCC
members set the second, final adoption hearing for the regular BCC meeting of
October 16, 2018 which is scheduled to begin at 9:00 AM.
Attachments: Staff Report
Excerpt from March 1, 2016 BCC Minutes
Excerpt from Draft August 23, 2018 PZC Minutes
LDR Section 971.05
Proposed Ordinance
Stan Boling, Director of Community Development, used a PowerPoint presentation
to provide background from the initial presentation that took place on March 1,
2016. The proposed Ordinance would change the use classification for places of
worship from special exception use to an administrative permit. The changes
would streamline the review and approval process by providing objective standards
for location criteria as well as eliminating the need for a public hearing.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, expressed concerns over the impact of the
changes.
There being no further speakers, the Chairman closed the Public Hearing.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the proposed ordinance with no changes. The motion carried by the
following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
A motion was made by Commissioner Adams, seconded by Vice Chairman Solari, to
set the second, final adoption hearing for the regular BCC meeting of October 16,
2018, which is scheduled to being at 9:00 am. The motion carried by the following
vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
Indian River County Florida lege 1
G. Utilities Services
1:48 1. Watermain Assessment Project within North Indian River Drive,
p.m. Adoption of Resolution IV
_(memorandum dated_Febr4ary_20; 2016) 281-294
--------------------------------=-------------------------
Director of Utility Services Vincent Burke provided background and
analysis on the General Underground LLC water main assessment
project and requested the Board to approve the Resolution and the
application for payment.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved:
(1) Resolution 2016-019, certifying "as -built" costs in connection
with water main extension from 13580 to and including 13635 North
Indian River Drive (also known as Riverside Drive) in Indian River
County, Florida, and such other construction necessitated by such
project; providing for formal completion date, and date for payment
without penalty and interest; and (2) approved the Application and
Certification for Payment, No. 3, Final Pay, in the amount of
$8,376.00 to General Underground LLC. This payment will release
any further obligations of the Contractor by the County.
13. COUNTY ATTORNEY MATTERS
1:56 A. Request for Closed Attorney -Client Session Relating to Indian River County vs.
p.m. Turner Construction Company et al. (Case No.: 312011CA002999)
__(memorandum dated February 19, 2016) _ _ _ 295
County Attorney Dylan Reingold provided background and recommended
the Board authorize staff to set the Attorney -Client Session at 10:30 a.m. on
March 15, 2016.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously approved to schedule a closed Attorney -Client
Session to occur at 10:30 a.m. on March 15, 2016.
1:58 ® Places of Worship Administrative Permit Use and Special Exce tion Use Review
p.m. -[(memorandum dated January 26, 2016),- p __ ___ 296-305
Attorney Reingold provided background, and stated that recent case law
had called into question the review of places of worship under first
amendment rights, and recommended the Board authorize him to work with
the Community Development Department to draft an ordinance that would
remove places of worship from special exception review, and modify the
special criteria for places of worship, if necessary. He also noted that there
was one applicant who had gone through the pre -application process during
this time frame and if the Board moves forward with the ordinance, he
requested the Board authorize the applicant to either choose to proceed
forward under- the current existing code, or give them the opportunity to
wait if they so choose until the revised ordinance is put into place.
Board of County Commission Minutes
March 1, 2016 Page 12
164
Board sought and received further information regarding the spt
-ption use process and criteria under the current Code. The Board
want to change the rules for any current/present avulicants.f
SON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman
�Flescher, the Board unanimously authorized the County Attorney and the
Community Development Department to draft an ordinance which
`addresses the review of places of worship, including an amendment to the
Land Development Regulations which (1) replaces places of worship special
`exception use approval with the administrative permit use approval, and (2)
`modifies Section 971.28(5) of the Code, if necessary.QThe Board also
`directed staff to draft an ordinance that the County provide any current
applicant the option of: (1) moving forward under the current Code with the
formal acknowledgement that the process is under review, or (2) waiting
,until the Board considers whether to adopt an amendment to the Code.
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
2:21 1. FPL Okeechobee Clean Energy Center (FPL -OEC)
p.m.(memorandum dated February 2412016) 306.310
------------------------
Chairman Solari reported that Florida Power and Light (FP&L)
was proposing an Okeechobee Clean Energy Center (OCEC) located
in northeastern Okeechobee County near the Okeechobee/Indian
River County line, and today he wanted to discuss some of the
questions and concerns of the people. His biggest concerns were the
amount of water they want to take from the Upper Floridan Aquifer
(UFA), and the expected impact of the OCEC to Indian River
County's Emergency Services.
Director Boling provided background and additional information on
the proposed OCEC power plant. He said the Agency Report is due
to the Department of Environmental Protection (DEP) on April 6,
2016, and staff would be bringing their recommendations to the
Board on March 1511 or 22"d, 2016.
A lengthy discussion ensued between the Board and staff regarding
Emergency Services.
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner O'Bryan, the Board unanimously directed staff to
coordinate with agencies and bring back to the Board a more
detailed Agency Report for certification application.
The Board also discussed alternative water sources.
Board of County Commission Minutes
March 1, 2016 Page 13
165
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS
TO CHAPTER 911, ZONING; BY AMENDING SECTIONS 911.06, AGRICULTURAL AND
RURAL DISTRICTS; SECTION 911.07, SINGLE-FAMILY RESIDENTIAL DISTRICTS;
SECTION 911.08, MULTIPLE -FAMILY RESIDENTIAL DISTRICTS; 911.13, SPECIAL
DISTRICTS; AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BY
AMENDING SUBSECTION 971.28(5), PLACES OF WORSHIP; AND PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS
FOR SPECIFIC LAND USES BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 911.06(4), Uses; as follows:
(4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative
permit uses and special exception uses.
Site plan review shall be required for the construction, alteration and use of all structures
and buildings except single-family dwellings and permitted agricultural uses.
No residential development in agriculturally designated areas shall occur unless such
development is approved as a planned development and meets the requirements of section 911.14;
the following activities shall be exempt from this requirement:
(a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1,
1990.
(b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum
lot size of the agricultural zoning district and meeting the lot split criteria of section
913.06(3); any subsequent split of such property shall require approval in accordance
with subdivision ordinance Chapter 913 requirements or planned development
requirements.
(c) Division of a tract into parcels of at least forty (40) acres in size.
(d) Division of a tract via a subdivision plat or affidavit of exemption approved in
accordance with subdivision ordinance Chapter 913 requirements.
166
District
Uses
A-1
A-2
A-3
RFD
RS -1
Agricultural
General farming
P
P
P
-
-
Dairy farming
A
A
A
-
-
166
Livestock and poultry raising
P
P
P
-
-
Stables (noncommercial)
P
P
P
A
A
Stable (commercial)
P
P
P
-
-
Sludge spreading
A
A
A
-
-
Tree farms
P
P
P
-
-
Kennel and animal boarding places
Commercial
A
A
A
-
-
Noncommercial
P
P
P
P
A
Fruit and vegetable juice extractions and
packing houses
A
A
A
-
-
Small animal specialty farms
A
A
A
-
-
Tenant dwelling
S
S
S
-
-
Residential migrant housing facility
S
S
S
Nursery and greenhouses
Noncommercial
P
P
P
A
A
Commercial (cultivation, wholesaling,
and off-site landscaping services allowed;
no retail sales allowed on-site)
P
P
P
-
-
Agricultural businesses, excluding
wholesaling and processing
S
S
S
-
-
Agricultural industries
S
S
S
-
-
Fish farms and water dependent plant
and/or animal production
A
A
A
-
-
Agricultural research facilities
A
----------------- - .--- - -- -
Aquaculture
A
A.
A
A
A
Fruit spreading (subject to subsection
917.06(15))
P
P
P
Residential
Accessory single-family dwelling unit
A
A
A
A
A
Single-family dwelling
P
P
P
P
P
Mobile homes
A
A
A
-
-
Accessory housing for night watchman
A
A
A
-
-
Guest cottage or servant's quarters
A
A
A
A
A
Single-family docks and private
observation/fishing piers on vacant lots
A
A
A
A
A
167
Bed and breakfast
A
A
A
-
-
Institutional
Child or adult care facilities
A
A
A
A
S
Foster care facilities
P
P
P
P
P
Cemeteries
S
S
S
S
S
Places of worship
SASA
9A
�
$A
Group home (level I)
A
A
A
A
A
Group home (level II and III)
S
S
S
-
-
Community Service
Emergency services
P
P
T__P_
P
P
Educational centers, including primary
and secondary schools
S
S
S
S
S
Correctional institutions
S
S
S
-
-
Cultural and civic facilities
S
S
S
S
S
Governmental administrative building
S
S
S
S
S
Colleges and universities
S
-
-
S
S
Civic and social membership
organizations (M-1 and M-2 areas only)
S
-
-
-
-
Recreation
Country clubs
A
A
A
S
S
Golf courses
A
A
A
S
S
Public parks and playgrounds
A
A
A
A
A
Major sports and recreation areas and
facilities
S
-
Dude ranch
S
S
S
-
-
Retreats and camps
S
S
S
S
S
Commercial hunting and fishing lodges
S
S
S
-
-
Off-road vehicle tracts (commercial and
noncommercial
S
S
S
-
Commercial
Fruit and vegetable stands
A
A
A
-
-
Veterinary clinic or animal hospital
A
A
A
-
-
Driving ranges
S
S
S
-
-
Fruit, vegetable and nursery retail sales
S
S
168
Transportation and Utilities
Airports and airstrips
S
S
S
S
-
Communications towers (wireless
facilities including cell towers)
A/S'
A/S'
A/S2
A2
A2
Communications towers (non -wireless
facilities including TV and radio broadcast
towers)
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
P
80 feet or taller (see 971.44(4) for
special criteria)
S
S
S
S
S
Commercial
Up to 70 feet:
Camouflaged
P
P
P
P
P
Non -camouflaged
P
P
P
-
-
70 feet to 150 feet:
Camouflaged
A
A
A
A
A
Monopole (minimum of 2 users)
A
-
Not camouflaged and not monopole
A/S*
A/S*
A/S*
-
Over 150 feet:
All tower types (see 971.44(1) for
special criteria)
_
S
S
-
-
Utility
Public and private utilities, limited
A
A
A
MS
Public and private utilities, heavy
S
S
S
S
S
Reservoirs, water farming
P
P
P
-
-
Industrial
Recycling center (including vegetation
debris mulching)
A
A
A
-
-
Small-scale bio -fuel processing plant
S
A
I A
-
-
Large-scale bio -fuel processing plant
S
S
S
-
-
Mining
A
I A I
A
-
-
Very Heavy Industrial
Demolition debris site
S
S
S
169
P - Permitted use
A - Administrative permit use
S - Special exception use
* See 971.44(4) to determine whether the administrative permit or special exception use process
applies.
1 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall
apply to towers.
z For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #2:
Amend LDR Section 911.07(4), Uses; as follows:
(4) Uses. Uses in the single-family districts are classified as permitted uses, administrative permit
uses, and special exception uses. Site plan review shall be required for the construction, alteration
and use of all structures and buildings except for single-family dwellings.
170
District
Uses
RS -2
RS -3
RS -6
RT -6
Agricultural
Noncommercial kennel and animal boarding
places
A
A
A
-
Noncommercial nursery and greenhouse
A
A
A
A
Noncommercial stable
A
A
A
A
Residential
Accessory single-family dwelling unit
A
A
A
A
Small lot single-family subdivision
-
-
A
A
Single-family dwelling
P
P
P
P
SF dwelling (attached)
Duplex
-
-
-
P
Guest cottage and servant's quarters
A
A
A
A
Single-family docks and private
observation/fishing piers on vacant lots
A
A
A
A
Subdivisions with special side yards
-
-
A
-
Bed and breakfast
-
-
S
S
Institutional
Child or adult care facilities
S
S
S
S
Foster care facilities
P
P
P
P
170
Group home (level I)
-
A
A
A
Adult congregate living facility (8 residents'
max.)
_
A
A
A
Group home (level II & III)
Adult congregate living facility (20 residents
max.)
-
-
-
S
Places of worship
£A
£A
SA
$A
Cemeteries
S
S
S
S
Community Service
Emergency services
A
AA
A
Educational centers including primary and
secondary schools
S
S
S
S
Governmental administrative building
S
S
S
S
Community centers
-
-
S
S
Colleges/universities
S
S
S
S
Libraries
-
-
S
S
Recreation
Country clubs
S
S
S
S
Golf courses
S
S
S
S
Public parks and playgrounds
A
A
A
A
Private /public docks
S
S
S
S
Utility
Communications towers (wireless facilities
including cell towers)
A'
A'
A'
A'
Communications towers (non -wireless facilities
including TV and radio broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
80 feet or taller (see 971.44(4) for special
criteria)
S
S
S
S
Commercial
Up to 70 feet:
Camouflaged
P
P
P
P
Non -camouflaged
-
-
-
-
70 feet to 150 feet:
171
Camouflaged
A
A
A
A
Monopole (minimum of 2 users)
-
-
-
-
Not camouflaged and not monopole
-
-
-
-
Over 150 feet:
A
A
A
A
All tower types (see 971.44(1) for special
criteria)
A
A
A
A
Limited public and private utilities
S
S
S
S
Public and private utilities heavy
S
S
S
S
P - Permitted use
A - Administrative permit use
S - Special Exception Use
1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #3:
Amend LDR Section 911.08(4), Uses; as follows:
(4) Uses. Uses in the multiple -family districts are classified as permitted uses, administrative permit
uses, and special exception uses. Site plan review shall be required for the construction, alteration
and use of all structures and buildings except single-family dwellings.
172
District
Uses
RM -3
RM -4 ,
RM -6
RM -8
RM -10
Agricultural
Noncommercial nurseries and
greenhouses
A
A
A
A
A
Noncommercial stables
A
A
A
A
A
Residential
Accessory single-family dwelling unit
A
A
A
A
A
Small lot single-family subdivision
-
-
A
A
A
Single-family dwellings
P
P
P
P
P
SF dwelling (attached)
P
P
P
P
P
Duplex
P
P
P
P
P
Multifamily dwellings
P
P
P
P
P
Single-family docks and private
observation/fishing piers on vacant lots
A
A
A
A
A
des
PA4 3
RA4-4
PA4 6,1
172
Bed and breakfasts
S
S
S
A
A
Residential resort
-
-
S
S
S
Guest cottage and servant's quarters
A
A
A
A
A
Small-scale Traditional Neighborhood
Design (TND)
A
A
A
A
A
Institutional
Child or adult care facilities
S
S
S
A
A
Foster care facilities
P
P
P
P
P
Group home (level I)
A
A
A
P
P
Adult congregate living facility (8
residents maximum)
A
A
A
P
P
Group home (level II & III)
S
S
S
I A I
A
Adult congregate living facility (20
residents maximum)
S
SS
A
A
Group homes (residential centers)
S
S
S
S
S
Adult congregate living facility (21+
residents)
S
S
S
S
S
Residential treatment centers
-
-
-
S
S
Total care facilities
-
-
-
S
S
Places of worship
SA
%A
SA
A
A
Cemeteries
S
S
S
S
S
Community Service
Cultural and civic facilities
-
-
-
S
S
Emergency services
P
P
P
P
P
Schools, primary and secondary
S
S
S
S
S
Colleges and universities
S
S
S
S
S
Libraries
S
S
S
S
S
Community centers
S
S
S
A
A
Government administrative buildings
S
S
S
S
S
Civic and social membership
organizations
-
_
_
S
S
Recreation
Beach clubs
S
S
S
S
S
Country clubs
S
S
S
S
Sj
173
Golf courses
S
S
S
S
S
Public parks and playgrounds
A
A
A
A
A
Tennis facilities
S
S
S
S
S
Yacht clubs
S
S
S
S
S
Health and fitness clubs
S
S
A
A
A
Public/private docks
S
S
S
S
S
Utility
Communications towers (wireless
facilities including cell towers)
Al
Al
Al
Al
Al
Communications towers (non -wireless
facilities including TV and radio
broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
P
80 feet or taller (see 971.44(4) for
special criteria)
S
S
S
S
S
Commercial
------------
Up to 70 feet:
Camouflaged
P
P
P
P
P
Non -camouflaged
-
-
-
-
-
70 feet to 150 feet:
Camouflaged
A
A
A
A
A
Monopole (minimum of 2 users)
-
-
-
-
Not camouflaged and not
monopole
Over 150 feet:
All tower types (see 971.44(1)
for special criteria)
Limited public and private utilities
S
S
S
S
S
Public and private utilities heavy
S
S
S
S
S
P - Permitted use
A - Administrative permit use
S - Special exception use
1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #4:
174
Amend LDR Section 911.13(3)(c), Uses; as follows:
(c) Uses. Uses in the Rose 4 district are classified as permitted uses, administrative permit uses and
special exception uses. Site plan review shall be required for all uses except single-family dwellings
and mobile homes erected on individual lots. All new mobile home parks or subdivisions must be
platted and receive major site plan approval.
175
ROSE -4
Agricultural Uses
Noncommercial kennel
A
Noncommercial stable
A
Noncommercial greenhouse
A
Residential Uses
Accessory single-family dwelling unit
A
Single-family dwellings
P
Mobile homes
P
Public Service Uses
Child and adult care facilities
A
Foster care facilities
P
Places of worship
SA
Public parks and playgrounds
A
Emergency services
P
Educational facilities, excluding business
S
Group home (level 1)
A
Cemeteries
S
Recreational
Golf courses
S
Utility Uses
Public and private utilities (limited)
A
Communications towers (wireless facilities including cell towers)
Al
Communications towers (non -wireless facilities including TV and radio broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
80 feet or taller (see 971.44(4) for special criteria)
S
175
Commercial
Up to 70 feet:
Camouflaged P
Non -camouflaged -
70 feet to 150 feet:
Camouflaged A
Monopole (minimum of 2 users)
Not camouflaged and not monopole
Over 150 feet:
All tower types (see 971.44(1) for special criteria) -
P= Permitted
A= Administrative permit
S= Special exception
1 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.
SECTION #5:
Amend LDR Section 911.13(4)(c), Uses; as follows:
(c) Uses. Uses in the Air -1, airfield/residential district, are classified as permitted uses,
administrative permit uses and special exception uses. Site plan review shall be required for all uses
except single-family dwellings.
176
AIR -1
Agricultural Uses
Non-commercial kennel
A
Non-commercial stable
A
Residential Uses
Single-family dwellings
P
Institutional/Services Uses
Foster care facility
P
Group home (level 1)
A
Adult congregate living facility (8 residents maximum)
A
Places of worship
SA
Emergency services
P
Child and adult care facilities
S
176
Public parks and playgrounds
P
Country clubs
S
Golf Courses
S
Transportation and Utility Uses
Airstrips
P
Public and private utilities, limited
S
Communications towers (wireless facilities including cell towers)
AZ
Communications towers (non -wireless facilities including TV
and radio broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
80 feet or taller (see 971.44(4) for special criteria)
S
Commercial
Up to 70 feet:
Camouflaged
-
Non -camouflaged
-
70 feet to 150 feet:
Camouflaged
-
Monopole (minimum of 2 users)
Not camouflaged and not monopole
-
Over 150 feet:
All tower types (see 971.44(1) for special criteria)
-
P= Permitted
A= Administrative permit
S= Special exception
' The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply
to towers.
2 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.
SECTION #6:
Amend LDR Section 971.28(5), Places of worship; as follows:
(5) Places of worship (administrative permit and speeial exeeptie).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
[section] 971.04): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6
RM -8 RM -10 RMH-6 RMH-8 CRVP ROSE -4 AIR -1.
177
(b) Distfiets feq i i ..a tie 4 a suw nt to the pfevisions of [s e fi nj 971.05).: n l
A 2 A -1 i—F—D--1—S 4 PSS 2 RS 3 RS 6 PVT 6 PA4 3 nM n RM 6 ROSE 4 AIR i
Reserved.
(c) Additional information requirements: The site plan shall denote the location of all
existing structures, parking facilities, and the proposed circulation plan, pursuant to the
requirements of Chapter 914.
(d) Criteria for places of worship:
1. No building or structure shall be located closer than thirty (30) feet to any property
line abutting a residential use or residentially designated property;
2. ,,..loss ethe_nz.;�o oa b y the pub.l;
u
woo ;
The proiect site shall:
a. Have frontage on a Thoroughfare Plan road (including separation from a
canal or similar right-of-way); or
b. Have a land use designation of M-1 or M-2; or
c. Be located within a Planned Development (PD); or
d. Be determined by the Public Works Director to be a small traffic generator
as prvovided in subsection 952.07(5)(a) (less than 400 average daily trips).
3. Any accessory residential use, day care facility or school upon the premises shall
provide such additional lot area as required for such use by this section and shall
further be subject to all conditions set forth by the reviewing procedures and
standards for that particular use. Accessory residential uses may include covenants,
monasteries, rectories or parsonages as required by these regulations;
4. A Type "B" buffer shall be provided along all property boundaries where the facility
is located adjacent to a single-family residentially zoned property. A Type "C" buffer
shall be provided along all property boundaries when the facility is located adjacent
to a multiple -family residentially zoned property or agriculturally zoned property
having a residential land use designation.
a. The board of county commissioners may waive or reduce the buffer
requirements where the place of worship is located next to an existing
cemetery, place of worship, child care facility, community center, or school.
Consideration shall be given to security, noise, and visual impacts. Where a
waiver or a buffer reduction is granted, normal perimeter landscaping
requirements shall apply, and alternative requirements (such as fencing) may
be required.
5. Where a place of worship is located adjacent to an active agricultural operation, an
"active agriculture" buffer as set forth in subsection 911.04(3)(c)6 shall be provided
between the adjacent active agricultural operation and the place of worship building
and parking facility.
SECTION #7: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
178
SECTION #8: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #9: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #10: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 2nd day of September, 2018, for a public
hearing to be held on the 18th day of September, 2018, and on the 30th day of September, 2018 for a
second public hearing to be held on the 16th day of October, 2018, at which time it was moved for
adoption by Commissioner , seconded by Commissioner
and adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this day of
, 2018.
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
179
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; Community Development Director
180
Land Development Regulation (LDR)
Amendment for the Review and Approval
Process for Places of Worship
Second/Final Hearing
Board of County Commissioners
October 16, 2018
Background
• Conceptually presented to BCC by County Attorney on March 1, 2016 for
legal (case-law) reasons
• On August 23, 2018, PZC reviewed and voted 7-0 to recommend that the
BCC adopt the proposed ordinance
• On September 18, 2018, BCC held first public hearing, did not recommend
any changes to the proposed ordinance, and scheduled the second, final
public hearing to be held at the October 16, 2018 regular meeting
• Ordinance remains as previously proposed
W
Proposed Ordinance
➢ Places of Worship Review and Approval Process:
• Changes the use classification and the review and approval process for
places of worship from a special exception use to an administrative permit
use within all of the agricultural and rural districts, all of the single family
districts, and 3 multi -family districts
• Result: special exception use approval no longer required for places of
worship in any zoning district but special criteria still apply in agricultural
and residential districts (setback, location, buffering)
• Applies more objective criteria and a more streamlined approval process
for places of worship use in response to federal case-law
3
Proposed Ordinance (continued)
➢ Places of Worship Review and Approval Process:
• Provides objective standards for the existing locational/traffic criterion
❖ Number of project trips, project site's road frontage, land use
designation, or located within a PD
❖ New criteria consistent with past approvals: places of worship
allowed on major roads, and on local streets if small scale or located
within a higher density zoning district
❑ Supported by County Attorney, staff, and initiated by BCC
4
Staff Recommendation
➢ That the Board of County Commissioners adopt the
proposed places of worship ordinance.
/a81
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Nicole Capobianco
ADDRESS: 7065 21s' Street, SW, Vero Beach, FI 32968 PHONE: 772-696-1334
Stop/Ban the sale of puppies/cats in pet stores in Indian River
SUBJECT MATTER FOR DISCUSSION: County. Eliminate local pet stores from selling puppies obtained
from puppy mills.
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES � NO
IS THIS AN APPEAL OF A DECISION F-1 YES IX I NO
WHAT RESOLUTION ARE YOU Adopt an ordinance to stop the sale of puppies and cats in pet stores
REQUESTING OF THE COMMISSION? in Indian River County
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Fx I NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
October 16, 2018
DocumenO
181
ri
What is a Puppy Mill?
,F�
The Problem
USDA Approved
Some animals
spend their
entire lives in
cages this small
rd
r � r
I
MI
621
13 A '" " Shops.. i '"usually
sleep`
suffers in small,
poorly ventilated, and sometime
dirty cages. I
0 Many o # variety of
illnesses, behavior problems d
disorders as ! resultnegligent
care, haphazard breeding,
inhumane conditions and
transportation.
5
i
�
The
Problem _ J
13 A '" " Shops.. i '"usually
sleep`
suffers in small,
poorly ventilated, and sometime
dirty cages. I
0 Many o # variety of
illnesses, behavior problems d
disorders as ! resultnegligent
care, haphazard breeding,
inhumane conditions and
transportation.
5
i
0 Unknowing customers who
i
171!;� OnLu +ct -Aa I Lr—
kitten in the pet shop window
soo, iscover their new animal
n d*
has a hereditary defect
extensive behavior problems or
0
a medical issue requiring costly
veterinary care.
Responsible HO'bby BreedersPulpy
Mills. ° Backyard Breeders
Breed for love, improvement of breed
'Breed solelyfor profit
Screen for genetic defects
Do not screen for genetic defects
Have a small number of dogs
Havel a large number of dogs
Usually breed only one breed
Breed multiple breeds
Only sell directly to buyer
Will sell to third parties
,pet stores, brokers,, ontine)
Usually spay and neuter
Do not spay and neuter
Dog can always be returned to 'breeder
Dogs cannot The returned
Dogs generally live in the borne
Dogs do not live in the home
Typically breed only o°nce a year
Typically breed every cycle
Will allow you to see where dogs are raised
Wil'l not allow you to visit facility
Florida Pet Lemon Laws for Dogs
Florida Statute 828.29
• (b) The term "official certificate of veterinary inspection" means a legible certificate of
veterinary inspection signed by the examining veterinarian licensed by the state of origin and
accredited by the United States Department of Agriculture, that shows the age, sex, breed,
color, and health record of the dog or cat, the printed or typed names and addresses of the
person or business from whom the animal was obtained.
At the time of sale of the animal, one copy of the official certificate of veterinary inspection must
be given to the buyer.
• (5) If, within 14 days following the sale by a pet dealer of an animal subject to this section, a
licensed veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal
was unfit for purchase due to illness or disease, the pet dealer shall afford the consumer the right
to choose one.of the following options:
• (c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for
necessary services and treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of
veterinary services is reasonable if comparable to the cost of similar services rendered by other
licensed veterinarians in proximity to the treating veterinarian and the services rendered are
appropriate for the certification by the veterinarian.
1AN
(b) The term `lofficial
certificate of veterinary
inspection" means a
legible certificate of
veterinary inspection
signed by the examining
veterinarian licensed by
the state of origin and
accredited by the United
States Department of
Agriculture, that shows
the age, sex, breed,
color, and health record
of the dog or cat the
printed or typed names
and addresses of the
person or business
from whom the animal
was obtained.
.r Florida Department of Agriculture and Consumer Services
nivicinn nf Animal Industry
} Bureau of Animal Disease Control F
EXpIRES 30
DAYS FROM
_
OFFICIAL CERTIFICATE OF VETERINARY INSPECTION
DATE OF EXAM
ADAM H. puTNAM
FOR INTRASTATE SALE OF A DOG OR CAT
Pursuant to Section 828.29, F.S., Rule 5C-27.001 F.A.C.
Statutes, eovltles that each d or eat offered fol talewithln the state mustbe accompahled 6y a Current OfflOil CeRHicate at -veterinary inspection
'
Sttctltxr.8T829, Fbrlda p, ?9 K
by a 1lcensed'by the state abciedIteE by the lJnlfed States Oepattmbrit of Agricultti�e:- :: " ` " - "-
(OCVn, issued veterinarian
- PURCHASER;
. - -- -SELLER-
Emall�m„ Name F..rrr+ll
Nan"Pets Around the World
flri
p„rct, D„,: ,
Add" -721 US Highway 1 Addras•3`
3` �w
Code
atateF� 21a Code Clty S • Zip
O1tjVero Beach 32862
Br••d•r Nam• and Address (M dttterant nor" sellert .
AIJIMAL IDENT FICAT
O tioTta6
Sslc gred(•):
�N��
Tattoo:
o� 8-10.17
ERF..,, Great
k
W"'Ip° 5200
HEAL.T.H RECORD INFORMATION '
:7 r IMMUNIZA_ TIONS
,DATE
ATE N �DZATEVACCINE MANUF TYPE t_07 S DATE ADMIN ADMIN VACCINEMANUF TYPE LOTH DADMIN
EXP OF DATE OF �17
canine NObivaC MLV o212t72?a 9-7-18 10-18-17 Bordetella - Nobivac MLV �11igc 1-018-17
Dlstem er
Hepatitis Rabies
Parainfluenza Panteukopenin
Feline Viral
L.eptospirosts Rhinotracheitis
Canine Parvo Caltetvlrua
DIAGNOSTIC TEST I TEST TYPE MANUFACTURER" .`.. DATE.OF.°NEGATIVE-TEST'
Canine H•srtworm
Feline Leukemia
Fecal Test Float 10-18-17
Other Test
ANTHELMINTIC`' TYPE MANUFACTURER.-'' . DA_ TE ADMINISTERED
Broad spectrum Pyrantel Pamoate Oral -Pro 088004J 10-18-17
Other Anthdmintic
OTHER INFORMATIONICOMMENTS:
]SSIIING VETRINARIAN CERTIFICATION: I hereby certify that the described animal was examined by me on the shown date; that the vaccines, anthebnindc, and
FIT—
tuts herein wcm sdministcted by me. or under ray direction. Said animal is found lobe healthy and to the best of my knowledge exhibits no sign of contagious
or infectious disease, bas ao evidmce of internal or external parasites, including coccidiosis and ear mites. To the best of my knowledge this amara! has not been
cacposed to rabies, nor did, the =inial originate from an area under a quarantine for rabies.
S[GNATURE:.z ?S4—a _ S,� / 2 PRINTED NAME-. Dr. Carlos R. Basabe
EMAIL: TELEPHONE: 772-569.4553 EXAM DATE: 10-18-17
ADI ;S 960 12st Street CITY: Vero Beach STATE: FloridaJ&rnnr-32962
9
Florida Pet Lemon
Law for Dogs
: mergepc-y conitact:
Florida Statute
C.,3�1111rext'FtRlsir for A NyTH I NG.
828.29
Samonthaw 321-508-2,408
If, within 14 days
following the sale by a pet
dealer of an animal
t00% "ealth Guarantee
subject to this section, ji
licensed veterinarian
2417 Customer Sefvvce!
of the consumer's
choosing certifies
that,
If yoo have ANY problems at all, ANY
Problems will be fixed for FREE by us, and
ONLY us.
According to State
it is. Upnecessary to go to the Emergency
Statute 828.29,
Clintic in most, cases so please call us
this is illegal:
BEFORE spending a couple grand,. (Which is
what you will pay there and is not covered
byus.)
10
So" ram 552M (6-12) INDIANA CERTIFICATE OF VETERINARY INSPECTION Certificate Number
hxfism Sate Bard ofAnimel Health
DimveryHSp.sulhe 10D Contact State of Destination for Movement Requirements and CexGficate Validity 32-3222-1509987734
t2oQ &%z 2 Tutt, h,d'wmpakr.IHAQ05 FOR FOREIGN SHIPMENTS (Onside United States or Learng United States) USE FEDERAL FORM
017)514-2400 OFFICIAL USE ONLY: The Veterinarian issL t8 this oert5cafe is aoaredded and has been authorized to inspect animals and issue oert;Soates.
ENTRY PERMIT M
INSPECTION DATE: 11/02/2017 SHIPMENT DATE: 11/03/2011 rj Large Animal (:,,Smell Animal
CONSIGNOR - Contact Person 3- fOriam CONSIGNEE- Contact Person at Destination CARRIER (Transported
Levi H 111Grabet AND/OR
Business Mame•
Blue Ribbon
jLuis 111marquez
Business Name
Petland Kendall •
11 AND/OR
18lue Ribbon Puppies
8478 N 1000 E
immm�
Physical Address of Animals
Ph - I Address of Animals
city State Zi Code Phone Number
10don IN 11 47552 11 7
Transport Method I Purpose of Movement
8478 N 1000 E
236 Mills, Drive I
City
State
Zip Code
47552 11IDaviess
County
City
State
Zip Code
if 33183
SEX
Coun
Odon
1N
11
Imiami
FL I
ITruck
JjSale
Phone Number Location 1D#
Location
ID#
Interstate Q Intrastate
812) 208-6847 C8000002
305 987-4489
Const noes Address if different
Consignee's Address if different print
=91
Weather Acclimation
These Puppies AreAodmsated To Indoor CoaboI)ed Temperature Q 70 Degrees
Statement
SPECIES
0�
ANIKALS
DESCRtPTttxt/BREEDlhNCROCMIP
RABIES
VACC
RABIES
BOOSTER
RABIES TAG
RABIES SERIAL
GTHERIEST8 VAOCMTKXGrTREATVEW.
PLEASE UST QNW 0 FROOL r uCi®
AGE
SEX
DATE
DUE
NUMBER
NUMBER
PYRANTEL 09M4, TOLTKAZUML,5% 3=
09r171001 10115 f a29 .5 DAY SAFE
Canine
1
=91
2
n1
TREATMENT 01x18 , tN7RA-TRAC 3
tx b GLD, 991001091530355
) 09rd8 1002. IVOV ZC G925 t afM .
MOVAC (OA2) 092510W . W-OPAR "GH
0929 10n31 D27 .5 DAY SAFE GUAR,?
Canine
1
MsxYft Sic1n
2
h1
M
T?/, m X30. INTRA-TRAC 3 00)
1. MRL. 99103100157n(?9
iarl4,(VOh1EC1DV71a21.KEOVAC
UQ) IG97 ta41 . NEOPAR (K)GH TITER
AR
I QW, 10M7 1a41 , 5 DAY SAFE GUARD
Canine
1
)"
Breeds
WENT ta�0s , narRA TRAc 3 (In)
d%'IK 991MIDOMI197
.
•
•
0,W lar18.IVONiEC tar11 1a25,'KEOVAC
)tar1110x15.NEOPAR( *"TfTER
�MA;
1=101161030 , 5 DAY SAFE GUARD
Canine
1
UL Lh1ASTIPF
2
n1
TREATMENT 10.W ,1M WTRAC 3 (111)FN
9 9 1 0 01 011s31199
10103 =17. (VOMEC IWO IMA. NEOVAC
;IW)1a"tO N)24. N2EOPAR (H*H TITER
AR
09=101141a78 .5 DAY SAFE GUARD
Canine
1
EN RET
2
IN,
iT✓�NTlwm.mnWTRAC3(In)
T GLOM. 49100100 SM60
1a1F1 1ar15 , TVOh1EC'10n81a22 , KSOVAC
, Delete
Delete
Delete
Delete
Delete
Missouri Department of Agriculture MISSOURI CERTIFICATE OF VETERINARY INSPECTION Cerliticlate Number
Divof Animal Health Contact tateRequirements
r �tes�sSE
PO Boxsion j UFEDERAL FORMPo Bax 53a Jeffersonan city, MO 65 t a1 4328842'i497276535
(673)751.3377 FOR FORE QN SSH PMENTS (Outside United Sts aLeaving United States)
OFFICIAL USE ONLY: The Veterinarian Issuing this certificate is accredited and has been authorized to inspect animals and issue Certificates.
ENTRY PERMIT #:
INSPECTION DATE: 0610412017
SHIPMENT DATE: 0610412017
large Animal C Small Animal
CONSIGNOR - Contact Person at Origin
CONSIGNEE • Cont& n
first ame Last
Business Name
IPETS AROUND THE WORLD 216096
on
AND/OR
CARRIER ITranspori•rl
first Name Lost Name
AND/OR
Business Name
CHOICE PUPPIES
95iniss Rime
ICHOICE PUPPIES
yslcai ress .. • • —
121 N ROYHILL 81.
Pltyslcal Addrasi@ Animals
121 N ROYHILL BLVD 1
Physical Address of AnimalsCityState—''
13260 W NEW HAVEN AVE
_, •
IDState-''ZID ode one Number
ppDMAN MO 84643 417384.85
I
State ( ode County
MO 1 64843 111MCDONALD
tate
O ode oun
32904 BREYARD
Trans ort Met
I Purpose of Movement
GOODMAN
MELBOURNE
FL
RUCK
11PET _
Phone Number
-Location to#
Phone Number Loc8tIon ID#
Interstate Intrastate
41 384,8597
C
., 1321)914-0681
IL
Consignor's Address different
onsl nee's Address if different
Print
® R%onsigned
Weather Acclimadan i HEREBY CERTIFY THAT THE ANIMALS IN THIS SHIPMENT ARE TO THE BEST OF MY KNOWLEDGE ACCLIMATED TO AIR TEMPERATURES BELOW 7.2 DEGREES C (45
statement DEGREES F).
# OF RABIES RABIES OTHER TESTS, VACCINAPONSITREAVENT,
SPECIES ANIMALS DESCRIPTION ! BREED I MICROCHIP VACC BOOSTER RABIES TAG RABIES SERIAL PLEASE LISTOAtC 6 PRODUCT USED
AGE SEX DATE CUE NUMBER NUMBER
raani ne t R038434 r BEAGLE 1056000009852488
9W
F
DA2PP (0513112017)
Canine 103M681 GOLDEN RET! 950000MOD0285
GW
F
DA2PP (0513112017)
Canine 1 0384691 GOLDEN RET! 95000OW9863452
4W
F
WPP (0513112011)
Canine i 0384711 GOLDEN RET1989000009864134
9W
F
DA2PP (05/3112017)
Canine 1 10384721 GOLDEN RET1950000009603696
9W
M
DA2PP (0513112017)
Canine 1 R0384741 GOLDEN RET 1956000009883854
9W
M
01?)
DA2PP (00101?)
Canhe 1 R061311 i BEAGLE 1956000409804918
IOW
F
DA2PP (0513112017)
TOTAL 7
Date Field 06/04/2017
12
Missouri DeaatbttentofAgriculture MISSOURI CERTIFICATE OF VETERINARY INSPECTION Certificate Number
Division of Animal Ha0h Corot d State of Oesitnatlon for !Retirement Requirements anal Carmate Valkt4y
Po Box 1330 ,eettarson City. MO 65101 E:: 43288421498478017
(573)761.3377 FOR FOREIGN SHIPMENTS (Outtkb United States at Laavtng Uftd Statea) USE FEDERAL FORM
OFFICIAL USE ONLY: The Veterinarian Issuing this certificate las avie0e:d and has been suittorized to Inspect animals and issue certificates,
ENTRY PERMIT t6; I
INSPECTION DATE: 0619812017 SHIPMENT DATE: 06i1181201 -f C Large Animal Ce Small Animal
CON iGNOR - Coritact Person at origin CONSIGNEE • Co tea an CARRIER (Transporter)
First Name ams First NameEIGIness Rame
AND/OR ANDIQR CHOICE PUPPIES
Business Namous ness NameP siosl rens-%—Transporter
!CHOICE PUPPIES PETS, AROUND THE WORLD 216269 121 N ROYNILL BLVD
acs teas of Alis • _ n aI Aof dt—e 8-i"i i I An ma a tate oris ufn tsr
x121 N ROYHILL BLVD 3260 W NEW HAVEN AVE. • OODMAN MQ 64843 417.964.85
State
ads ourCity
64843 111MCDONALD , MELBOURNE 11FL
IState
Z o
taus a ,,
Pu ose tiitent
GtOODMAN
MO
92904
CREVARD I
ITRUCK 111PET
Phone Number Location ID# PWO Number _ Localkin ID#
, interstate Itnfastata
4/ 364.8687 �� 321 9114-0881 r..
Lits no a teas tient ns next a dress it dif hint Print
El
ft-Ognext
Weather AccNmador, I
HEREBY CERTIFY THAT THE ANtMaLS IN THIS SHIPMENT ARE TO THE BEST OF I" KNOWLEDGE ACCLIMATED TO AIR TEMPERATURE$ 'BELOW 72 DEGREES C (45
Statemsne
DEGREES F),
0001
aOF
SPECIES ANIMALS DESCRIPTION 1 BREED I MICROCKP
RABIES RABIES prt ttEtC.VA ivAztt s+tttGln� NY,
VACC BOOSTER RABIES TAG RABIES SERIAL PLEMF U*T aA1V t PR0bM`r VSF9
AGE
SEX DATE DUE HUMBER NUMBER
Canlrt;a 1 034+t 11 Pi*Gl£ t
ew
M DA2PP (MI4*017)
cenkaa t 10324411 MIX I95e00o00991 we
std
v OA2PP JO" 62017)
Canine 1 4394441 MIX 1954001 POI3019
!#A2PP(Glim tt2017)
Cafine 1 0394400AIX19540000099t6
PPOGA412017)
Conk* 1 03WAT1MOt195e00000?9t5143 • •
"
• • • OQPP(06(14("11)
Ganite 1 0394491MIX 19 00MM2*0
4
DA2PP (0Gt1412017)
Cankw 1 029e501MIX195e900009eti4S}e
918'
F I t}A2PP{Oer14+24171
TOTAL 7
Date Fleld t 118/2017
OWNERIAGENT STATEMENT
VETERINARY CERTIFICATION - I ceetlfy, a3 an sociedited vete:emdan that dte abaft desvibed anknals have been, Inspected by me and that they are not showing
animals in this shipment ata those
signs of Infectious, contagious and/r» communicabb disease (except vdiam noted), Tho vaccinations end testitis of tests ata Irtkated on the c tiftate, To #,e best cf my
certified to and luted an itis certificate.'
knVAW
je. the animals hied on Otit oett iatte meat the state of destination and tedorat I.ttcrstato reaukements, No fwVw Ylarmnty is trade est Im4Stied.
Date 061118812417 Printed Narna Dr. Bill OxfoM Phone 417 38a-8697 Email EMAIL.VETERINARIA MAUL.COM
Address 121 N ROYHILL BLVD City GOODMAN State HIB Zip 64845
DATE
USOAAweastion s a x a s 4 x State of Escense O Linens** @R �i-I
ter« Bill Oxford °tom 26 1-i
SIGNATURE
Slgnatttrta 220 06:20.16
13
Wa
The first case began on September 12, 2017.
The cases have included 14 Petland employees and 35 people who "either recently
purchased puppy at Petland, visited a Petland, or visited or live in a home with a
puppy sold through Petland before illness began.
I
As of October I 2018 this outbreak has included 113 reported cases from 12 states:
Florida, Kansas, Maryland, Missouri, New Hampshire, New York, Ohio, Pennsylvania,
Tennessee, Utah, Wisconsin and Wyoming.
This Campylobacter- strain seems quite resistant to many common antibiotics.
It is a spiral shaped bacteria that can cause some combination of diarrhea which may
be bloody, abdominal cramping and pain, nausea, vomiting and fever within two to five
days of initial exposure. Usually such symptoms will last anywhere from two to lo days
71th most cases lasting no longer than a week.
*https://www.cdc.gov/campylobacter/outbreaks/puppies-9-17/index.html
15
Ll.
R
1000 36THSTREET. VERO BEACH, r -L 32960
Phnied Bj,: KHAW
'A00R. MICHAEL K on Atig 30, 2018 0:04
Results
Visit ID. 10801157 'Name:
Med Rce 4:000516633 Sex: F
Admitted: Aug 28 2018'1:42 Birth Datc-06106/1966
91
Location: '-)NV/20tB
r�- - -
Q Visit ID: 10801157
Order 4 14
Name:R. Toesult Status: Final Result
Collected: 08/281.1.018 Released: 0&/1,9/20 18
22:04 07:45
Priority: ROUTM, Body Site:
Facility: Indian River MWical Center
LIVE
Order. CAM 11Y LOBAC'I ER
SCRUM
Ordered By: KHAZAL[IOUKMD,
MICHAFL K.
,4
O08.12WO 18
Ordered For:
12:04
Result Name Results CampylobacIII ter Positive
CAMPYLOBACTER POS
faxing report icp and er printer 0745 (18/2911 8 - tl)
in.
spucimen Stool
SOUJIM
Reference Range UOM
Rick Scott
MISSIOW. Govemor
To protoct pw** & Irriprm ft t*81h
of aft pos In Rodda dmvh nCeleste Philip, MO, MPH
state,
w"on C-4mr* MW sea e"
VW*w. To be ft 14a3 ftiest Otft In the Na bon
J Patrick Anderson
2200 Front Street, Suite 301
Melbourne, FL 32901
and
Marsha A Michael
721 US Hwy I
Vero Beach, FL 32962
RE: Pets Around the World 11
Dear Mr. Anderson and Ms. Michael,
A puppy recently purchased from Pets Around the World 11 was found to have a type of bacteria that
can cause illness in dogs, cats and people, called Campylobacterjejuni. At least one human illness is
suspected to be linked to exposure to this animal. The most common sign of illness in animals or
people is diarrhea or loose, watery feces. Puppies and kittens less than six months of age are most
likely to become ill from this infection. This bacterium can also be present at lower levels in the feces of
healthy appearing animals.
Of particular concern is the development of multidrug -resistant strains of Campylobacter, which were
seen in a recent multi -state outbreak associated with pet store puppies
flp§:/Avww.edc.gov/camr)ylobacter/outbreaksfouooies-9-17Andex. . Infections with multidrug_
resistant strains are more difficult to treat, and can result in more severe disease, requiring
hospitalization. It is important that breeders, transporters and pet stores use best practices, for disease
prevention and management, including responsible use of antibiotics in pets, to protect of both people
and pets. Please do the following when working with either healthy animals and those with diarrhea:
0 Work with your veterinarian to develop a manaaement Han f6r iqnlatinn And nArinn fnr ria irmioc
ti 17
' A'AlaqzAlff—i
w PUPPY" APPLICATION
r.
a MQYfiA-C R4MiMTflT.Y1LR Fif.-,,u Baa...aih,i•r7law+..pw..ijwna+tS iYrn:V,....Aw,.ih<„a 5., 4:.wln•MA a �..�FJ las
•!a'Iratea•7w/.+'u,Yrr.,artaVYb9aeh l+n eM:rwYirtaw+s+nw`:'1C•plwharta WLs�atT'irv/rG'wefiva rii.Rx. x
iroM b
;t m riX'w �rn'1•.r.w.an s Ja••r«7
LITTER TN1FO*R.X4 VTO�N A EA
Ymifnhim.. Terrier Rnrhora Gaiffer
'trm3 Ps,uon 1Tt� i'ife+bbrnd �atcedtr Niaf
CabrLunGrace
�:rctKutt.{s1 Riit:iitlay: ragrstitattion«: Citi•
^rIfatri +3t"x9Az6 {I002oS�
PUPPY AREA
I :-I I'I 1 1.1 1' 1 r 11: g 1? 1 C I I I I 1.•1
ICAM , ffl ; l 3 (94 fro" cr bas, mw At%f oar tree) �M—t:n
fAt tN 2t3tthT! S ' " _ -:4ZLE C�M'L•11E MIM
OWNER AREA towft
�..I_1_.I _ _' .{ 1- i'_.j_I � •.i I._: �( s : l I � I I I Previoc,s o,��
rir3RTnutF c tivf?,aMr
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7-�-•�--^�–� Na Flttnp History
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ii32L:.YG1a1iJYl:v:; 1FT:>;T i>M!t•I
Next ofl Wal Betuim to i ist u3otf� r
17
Fictitious Name Detail
eery f tr
Fictitious Name
_
Y I
— I
PLANET KENNEL CLUB
ryC.l R 9iGN1TUF
R•EGISTR..4TION CHOICES AN
Filing_ Information
Roostratlon Number G1800007M7
•Lr ,Stand. !wvnstrxtu=ITKCCartifitut lkgttirec�f
Stattas ACTIVE
• :"1(f(tr'(i:1/`giC Or�t Jit":•i`
Filed Dat* 07AW018
�•
Expiration Date 12t31t2023
PKC Do- Tvg -JB]k OPink Orilue Man oh -p
CurrentOwners 1
•` !litrt:;7s Virk
County INDIAN RIVER
i.v
Total Pages 1
�,•
Events Flied NONE
ye
FWEIN Number NONE
P_ +
Mailing Address
s i
PA'Y Iii NT AREA
721 US HWY 1
VERO BEACH, FL 32982
PAl'AtF.tt''ia F
-
Owner Information
nT`
C tirtNt;ntt+rY. Xi.11R1'l (tiL'YYi
DOHERTYINC.It
721 US HM 1
VERO BEACH, FL 32962
t:ATtiltf(?t i.Tii?':s r'MT NAMV, LASTY.411K
FEVEIN Number. 91-10 1 927
Document Number: P150001ODS35
CATtrTTRid?T',P W-NATTITtr ;).An. (wVAX)--yY,
Document Imam
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V'Virrw"PDFtarrlvG
0711612QI8•-REQISTRATION t
�TIiSTfT.1lC�i 1L•Z=�1'3`a'TrT1T[ .
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Patient Chart. for Grace
Date: 10-0 1-18, "Orae: 3:09p
Date By Code
Age: 16w Weight: 250 Temp:
SUBJECTWE SEC71ON
All Creatures Animal Hospital
5885 S. Kanner Hwy
Stuart, FL 34997
772-283-0101
FOR: Joseph Delcampo
1953 Newmark Circle SW
Vero Beach, FL 32968
INVOICE
Printed:
10-01-18 at 1:38p
Date:
10-01-18
Account:
12139
Invoice:
242283
Date For Qty Description Price Discount Net Price
Services by Mary Rose Bressman, DVM
09-29-18 Grace
1
Parvovirus Test
36.00
09-29-18
1
Fecal Exam, Float & Cytology
27.50
09-29-18
1
Exam & Health Assessment
55.00
09-29-18
1
Cryptosporidium (FA) & Giardia (ell
180.60
09-29-18
1
Campylobacter Culture
148.00
09-29-18
1
Strongid T, series {juvenile)
25.00
09-29-18
3
Metronidazole 50mg Tiny Tablets
9.58
09-29-18
1
Clavamox (62.5mg/ml) Drofls 15m1
1 28.00
Old balance Charges Payments
0.00 509.68 0.00
just bought from a puppy store in Vero this am
want tested for anything contagious, worried about campylobacter, etc
don't know if has been acting sick prior since just got her --unknown if signs of diarrhea, URI, etc
vaccinated yesterday
OBJECTIVE SECTION
New balance
509.68
QDR, lethargic acting and reluctant to stand or walk, EENT WNL but cough and sneeze observed in
room, no discharge seen from eyes, nose or mouth, deciduous teeth present and normal, gums pink
CRT 2.5 sec, Thx WNL, HR 150 bpm, resp 40 bpm, Abd WNL, LN WNL, MS WNL, Skin WNL, normal
weight for size
19
Whistling Pines
DT TT TE
*it
kTIa
Breeder
Larry Elvin
Crofton,
Kentucky
t �Awl_
THE HUMANE SOCIETY
fir.
*" OF TIME UNITED STATES
Larry Yoder, Whistling Pine Kennels, Crofton, KY — RECEIVED OFFICIAL WARNING FROM USDA FOR
FAILURE TO PROVIDE ADEQUATE VETERINARY CARE TO TEN DOGS. In September 2015, the USDA issued an
Official Warning for Violation of Federal Regulations to Larry Yoder for failing to pro -vide adequate veterinary care to ten different
dogs on various dates in 2014 and 2015. The animals included dom with suspicious masses dogs with evidence of
eye disorders or dental disease, and a Yorkie with "a permanent tremor and difficulty walking." Despite
this warning, two additional dogs were found in need of veterinary care by a USDA inspector on October
27, 2015. The French bulldogs both had swellings and ulcerations between the toes, a common problem in
dogs forced to stand on painful wire flooring in puppy mills. Additionally, one of the dogs had advanced dental
disease "with complete exposure of the root and a possible perforation." A USDA inspection in January 2o16 was compliant, but
the HSUS remains concerned about conditions at the kennel due to its history of regularly falling out of compliance. USDA #61-A-
0131.
c@The Humane Society of the United States, May 2016 1 The Puppy Mills
Larry Yoder, Whistling Pine Kennels, Crofton, Kentucky (REPEAT OFFENDER)— SHAKING AND WOUNDED
YORKIE FOUND, DESPITE PRIOR USDA WARNING ABOUT VETERINARY CARE PROBLEMS. E -%-en after
appearing in our 2016 Horrible Hundred report due to a September 2015 USDA Official Warning for failing to provide adequate
veterinary care to 10 different dogs on various dates in 2014 and 2015, Larry Yoder -tvas again found to have a dog in need of
veterinary care during a September 2016 inspection. The USDA found a Yorkie who was "lethargic with bite injuries
on her head and face," according to the USDA report. She also had a stiff neck, a "swollen and tearful" eve z
and "was observed to be in pain truing not to move." The inspector added, "This animal was under stress
and it was shaking." When questioned about this dog, the licensee stated that she had been injured by
another dog on Sunday (two days previously), and claimed he had been self -treating her, but she had not
been taken to a veterinarian and was clearly still injured and in pain.
Veterinary care issues noted during prior years' inspections included: dogs with suspicious masses, dogs with evidence of eye
disorders or dental disease and a Yorkie with "a permanent tremor and difficulty. walking." In October 2015, USDA inspectors
found tivo French bulldogs Nvho both had sNvelhngs and ulcerations between the toes, a common problem in dogs forced to stand
on painful wire flooring in puppy mills. USDA #61-A-0131. SECOND TIME IN THIS REPORT.
ne The Humane Society- of the United States, Mai- 20171 100 PUPPV Mills
21
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INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION / 0,8:2�,
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Doherty, Inc.
ADDRESS: 721 U.S. Hwy 1, Vero Beach, F1
PHONE:, 321-987-0244
SUBJECT MATTER FOR DISCUSSION: Banning Sale of Animals
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F7 YES Fx I NO
IS THIS AN APPEAL OF A DECISION F-1 YES FX1 NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION? Not Changing Pet Store Compliances
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES Fx I NO
WHAT FUNDS OR ACTIVITIES ARE N/A
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
_ Interactive Web Form
X E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR: Jason E. Brown
MEETING DATE: _October 16, 2018 9:00 a.m.
Document2
182
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DCM
FINAL
ORDINANCE NO.
AN ORDINANCE AMENDING HILLSBOROUGH COUNTY CODE OF
LAWS AND ORDINANCES, PART A, CHAPTER 6, ARTICLE 11, AS
PERTAINING TO THE ANIMAL ORDINANCE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR GRANDFATHERING IN EXISTING PET
SHOPS, IMPOSING CERTAIN RESTRICTIONS, REGISTRATION, AND
OTHER REQUIREMENTS; PROVIDING FOR INCENTIVES FOR
EXISTING PET SHOPS TO ENCOURAGE TRANSITION TO
ADOPTION -BASED BUSINESS MODEL; PROVIDING FOR
ADOPTION -BASED BUSINESS MODEL FOR RETAIL SALE OF DOGS
AND CATS, RECORD KEEPING, DISCLOSURE, AND OTHER
REQUIREMENTS FOR NEW PET SHOPS; PROVIDING FOR
PROHIBITION ON SALE OF DOGS AND CATS IN PUBLIC PLACES AND
EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR APPLICABILITY; PROVIDING
FOR FILING OF ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THIS DAY OF
, 2017, AS FOLLOWS:
1. Section 6-20 of Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances is hereby amended to add the following definitions:
Adoption -Based Business Model shall mean a business model whereby all dogs
and cats offered for Retail Sale at a Pet Shop shall only be sourced from stray and
unwanted pets that have been taken in by an Animal Shelter or a Rescue
Organization established in accordance with Section 501(c)(3) of the United States
Internal Revenue Code to rehome stray and other unwanted pets. It also means
that no commercially -bred intact pets may be offered for sale whether purchased
directly from the commercial breeder or from some other intermediary such as a
broker or wholesaler.
Animal Services shall mean a direct service provided to a dog and/or cat,
including, but not limited to, grooming, bathing, and/or boarding; except if provided
by a licensed veterinarian facility.
Animal Shelter shall mean the local animal control authority, public animal shelter,
or private animal shelter maintained by or under contract with the county or
municipality, devoted to the rescue, care, and adoption of stray, abandoned, or
unwanted animals; or any brick and mortar animal shelter whose primary mission
is to find permanent homes or rescues for sterilized, unwanted, and homeless pets.
/ 6'� _.5
Breeder shall mean any person who intentionally seeks to have animals reproduce
for sale or other commercial purpose, and/or to selectively mate animals with
desirable genetic traits, and/or to maintain or enhance the traits in future
generations.
Department shall mean the County's Pet Resources Department, or some other
designated County Department.
Person shall mean any natural person, society, firm, corporation, partnership,
association, or other legal entity or business unit and every officer, agent, or
employee thereof.
Pet Shop shall mean any retail establishment, open to the public, that sells or
transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of
the dog or cat or the physical location of the animal. Such an establishment may
be a permanent, temporary, or virtual establishment. An Animal Shelter or Rescue
Organization shall not be considered a Pet Shop under this Ordinance. An
"existing" Pet Shop is one that has been determined by the Department: 1) to be
legally operating on or before the effective date of this Ordinance; 2) found to not
have received, after the effective date of the Ordinance or at any time while the
existing Pet Shop is enjoying the grandfather privilege and any and all rights
appurtenant thereto, any final determination or adjudication of one or more
violations of any federal or state administrative rule, regulation, or statute
administered or enforced by the United States Department of Agriculture (USDA),
the Florida Department of Agriculture and Consumer Services, or any other state
agency with jurisdiction, resulting in one or more final determination or adjudication
of violation, whether administrative, civil, or criminal, including, but not limited to,
any consent decree, final agency order, court order, verdict, plea of guilty or plea
of nolo contendere (including Pet Shops that are transferred, assigned and/or sold
by the original existing Pet Shop owner after the effective date); and 3) therefore,
entitled to the grandfather privileges outlined herein. A "new" Pet Shop is one that
has been opened after the effective date of this Ordinance, the opening of which,
in no way, is associated with the sale, transfer or assignment by an owner of an
existing Pet Shop, and is subject to the Adoption -Based Business Model and all
other requirements prescribed herein.
Rescue Organization shall mean a duly incorporated non-profit organization that
has tax exempt status in accordance with Section 501(c)(3) of the United States
Internal Revenue Code, founded or chartered with the primary mission being the
welfare, care, and adoption/placement of stray, abandoned, or surrendered
animals, and which does not breed dogs or cats or obtain these animals for any
form of payment or compensation from any source other than an Animal Shelter.
Such organizations make pets available on a cost -recovery basis and/or foster
animals or enlist others to foster animals.
Retail Sale shall mean to sell (whether or not exchange of consideration for the
animal, and/or animal services, takes place at the same time and/or location), offer
2
/9
for sale, auction, barter, display for sale, adopt, rehome, exchange (for
compensation or otherwise), give away, trade, deliver, lease, rent, include as part
of a package deal, advertise to do any of the aforementioned, or otherwise dispose
of dogs and/or cats to a person/s in a Pet Shop or in association with a Pet Shop.
2. A new Section to Part A, Chapter 6, Article II of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Grandfathering in Existing Pet Shops, Registration Requirements, and Certain
Regulations.
A. All lawfully operating Pet Shops in existence, on or before the effective date
of this Ordinance, and found to not have received, after the effective date of
the Ordinance or at any time while the existing Pet Shop is enjoying the
grandfather privilege and any and all rights appurtenant thereto, any final
determination or adjudication of one or more violations of any federal or
state administrative rule, regulation, or statute administered or enforced by
the United States Department of Agriculture (USDA), the Florida
Department of Agriculture and Consumer Services, or any other state
agency with jurisdiction, resulting in one or more final determination or
adjudication of violation, whether administrative, civil, or criminal, including,
but not limited to, any consent decree, final agency order, court order,
verdict, plea of guilty or plea of nolo contendere, shall be permitted to
continue the Retail Sale of dogs and/or cats in Hillsborough County in
accordance with their respective business models, provided, however, each
existing Pet Shop is at all times in full compliance with any and all existing
and future Retail Sale regulations adopted by the County for existing Pet
Shops and provided they are in compliance with the applicable provisions
of this Ordinance and the additional restrictions set forth below:
(1) An owner of an existing Pet Shop shall be permitted to transfer,
assign, sell, or relocate their existing Pet Shop. The transferee,
assignee, or new owner must comply with any and all existing and
future Retail Sale regulations adopted by the County for existing Pet
Shops, the applicable provisions of this Ordinance, and any
additional restrictions set forth herein.
(2) An owner of an existing Pet Shop shall not be permitted to open any
additional Pet Stores as of the date the Ordinance was adopted (the
date the Board of County Commissioners voted and approved the
passage of the Ordinance). Any Pet Shop opened as of the adoption
date of this Ordinance shall be considered a new Pet Shop and said
owner shall be obligated to fully comply with the Adoption -Based
Business Model for the Retail Sale of dogs and/or cats and all other
requirements prescribed for all new Pet Shops in the County.
3
16't 7
(3) An existing Pet Shop owner that allows any of their federal, state,
and/or local occupational business license/s, or other requirements
related to the operation of their business, to lapse, making them
legally ineligible to operate their business, or voluntarily abandons
their respective Retail Sale business model, for a period of more than
ninety (90) days, shall lose their grandfather privilege of reopening
and operating in its usual manner and shall be obligated to fully
comply with the Adoption -Based Business Model for the Retail Sale
of dogs and/or cats in the County and all other requirements
pertaining thereto.
(4) Pet shops in existence, on or before the effective date of this
Ordinance, and found to have received, after the effective date of the
Ordinance or at any time while the existing Pet Shop is enjoying the
grandfather privilege and any and all rights appurtenant thereto, any
final determination or adjudication of one or more violations of any
federal or state administrative rule, regulation, or statute
administered or enforced by the United States Department of
Agriculture (USDA), the Florida Department of Agriculture and
Consumer Services, or any other state agency with jurisdiction,
resulting in one or more final determination or adjudication of
violation, whether administrative, civil, or criminal, including, but not
limited to, any consent decree, final agency order, court order,
verdict, plea of guilty or plea of nolo contendere, shall lose their
grandfather privilege and not be permitted to continue the Retail Sale
of dogs and/or cats in the County in accordance with their respective
business models. Such Pet Shops shall be considered a "new Pet
Shop" and shall be obligated to fully comply with the Adoption —
Based Business Model for the Retail Sale of dogs and/or cats and all
other requirements pertaining thereto.
B. All owners of existing Pet Shops (including any and all transferees,
assignees, or new owners), shall be obligated to annually register their
business/es by submitting the following information, which may be subject
to independent audit, to the Department by the first of February each year:
(1) Business Name; and
(2) Business Mailing Address/physical location; and
(3) Business Owner's Name and Mailing Address; and
(4) Federal Tax ID #, if applicable; and
(5) USDA License number, if applicable; and
(6) Certain supporting business documentation, including:
4
a. Proof of its business operations through any federal, state, or
local business/occupational licenses, tax receipts, or other
documentation readily authenticated as true and correct
documents; and
b. Proof of its Retail Sales business and location through
franchise agreements, leases, or other documentation readily
authenticated as true and correct documents; and
C. Any other such documentation related to the acquisition, care,
and sale of the animals that may be found necessary by the
Department in any internal policies and procedures
promulgated for the implementation of this Ordinance.
C. All owners of existing Pet Shops (those in existence on or before the
effective date of this Ordinance) shall be required to initially register for the
grandfather privilege, by complying with the registration requirements set
forth above, within ninety (90) days of the effective date of this Ordinance.
Pet Shops that are transferred, sold, or assigned by an existing Pet Shop
owner, after the effective date of this Ordinance, shall be required to
register, by complying with the registration requirements set forth above,
within ninety (90) days of the transfer, sell, or assignment.
3. A new Section to Part A, Chapter 6, Article II of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Additional Retail Sale Regulations for Existing Pet Shops.
All owners of existing Pet Shops, including any and all transferees, assignees, or
new owners, shall be obligated to comply with the following additional Retail Sale
regulations:
A. Sourcing Transparency:
All existing Pet Shop owners shall have the following information readily
available for all potential purchasers, the Department, and the state:
(1) The name of the United States Department of Agriculture (USDA)
breeding facility where the dog and/or cat was bred; and
(2) The license number of the USDA breeding facility; and
(3) The city and state of the dog's and/or cat's breeding origin.
(4) Specific contact information for the breeder of the dog and/or cat may
be provided at the discretion of the Pet Shop to its potential
purchasers, however, this information is required to be provided to
the Department in accordance with the record keeping standards
5
i, �
outlined in Section E. below.
(5) A sign, in poster format, shall be placed in the existing Pet Shop, in
clear view, stating that the information required above is available for
review by all potential purchasers, the Department, and the state
upon request.
B. Buying Standards:
(1) All existing Pet Shop owners shall only purchase dogs and/or cats
that are intended to be sold to potential purchasers from breeders:
a. Approved and licensed by the USDA; and
b. That have not received any direct violations from the USDA in
the past two (2) years; and
C. That have not received more than four (4) indirect violations
from the USDA in the past two (2) years; and
d. That have not received any state law violations in the past two
(2) years.
(2) All existing Pet Shop owners shall have readily available for all
potential purchasers, the Department, and the state and shall
maintain for three (3) years, USDA inspection reports in their entirety
for the breeders of all dogs and/or cats being offered for Retail Sale
in their existing Pet Shops. For breeders that have been in business
between one (1) year and two (2) years, the USDA pre -licensing
inspection, the first USDA post -licensing inspection, and a statement
that no other inspections have been completed shall suffice.
(3) A sign, in poster format, shall be placed in the existing Pet Shop, in
clear view, stating that this information is available for review by all
potential purchasers, the Department, and the state upon request. In
addition, this information shall be posted and maintained on each
animal's cage, kennel, or enclosure, within clear view and in a
reasonable proximity thereof.
(4) At the time of registration, all owners of existing Pet Shops shall
inform the Department of all dogs and/or cats that are available for
Retail Sale and were acquired, before the effective date of the
Ordinance, from breeders who do not meet the Buying Standards
above. Those dogs and/or cats may be sold by the existing Pet Shop,
however, after the effective date of the Ordinance, all dogs and/or
cats that will be available for Retail Sale by the existing Pet Shop
must be acquired from breeders who meet the Buying Standards.
[:
AU -10
C. Microchip Requirement:
Except for the dogs and/or cats that are already microchipped at the time
they are received by the existing Pet Shop, all dogs and/or cats offered for
Retail Sale in an existing Pet Shop must be implanted with a permanent
electronic animal Radio Frequency Identification Device (RFID-
microchipped) by a licensed veterinarian facility. All dogs and/or cats offered
for Retail Sale by the existing Pet Shop must have the microchip registered
to the existing Pet Shop as the primary owner within five (5) business days
of the receipt of the dog and/or cat by the existing Pet Shop.
D. Rehoming:
(1) All stray, abandoned, or unwanted dogs and/or cats held by an
Animal Shelter or Rescue Organization as a rescue shall not be
euthanized if the dogs and/or cats are found to have been previously
sold at an existing Pet Shop. This provision does not apply to dogs
and/or cats that have been, based on the medical opinion of a
veterinarian, severely injured or are otherwise suffering.
(2) The person who found the dog and/or cat has the option to retain the
animal in an attempt to rehome the dog and/or cat, at their sole
expense.
(3) An Animal Shelter or Animal Rescue may request that the existing
Pet Shop pick up the stray, abandoned, or unwanted dog and/or cat
being held in their care, within three (3) days of the date of the
request, and the existing Pet Shop shall be responsible for the
regular and customary fees to reclaim the pet.
E. Record Keeping:
(1) The following records must be maintained by owners of existing Pet
Shops:
a. Health certificate from a Florida licensed veterinarian; and
b. Microchip information; and
C. Sourcing/Purchase information.
(2) The above records for all dogs and/or cats that are present in the
existing Pet Shop shall be maintained, in hard copy, for immediate
inspection by potential purchasers and/or the Department.
(3) The above records for all dogs and/or cats sold by the existing Pet
Shop and, therefore, no longer present in the existing Pet Shop, must
be kept in either electronic or hard copy form for three (3) years and
7
/gl -//
be available for inspection within three (3) days of the Department's
request.
(4) Falsification of records by existing Pet Shops is hereby deemed
unlawful and subject to the penalties under this Ordinance.
F. Adoption Promotion:
(1) Owners of existing Pet Shops shall be required to place, on a sign
that is in poster format and in clear view, and in a readable disclaimer
on their Pet Shop website and any and all of their marketing
materials, a message promoting adoption from Animal Shelters and
Rescue Organizations as another option to acquire a dog and/or cat,
information about their adoption programs and their contact
information, including website addresses to view the dogs and/or
cats available for adoption.
(2) Owners of existing Pet Shops shall require potential purchasers, at
the time of their transactions, to sign an affidavit attesting that they
were informed about the adoption options, had the opportunity to
read the poster, website, or marketing information with the adoption
options and other information included, and reviewed the USDA
breeder reports, records and other breeder contact and background
information required to be maintained by the existing Pet Shops.
a. The signed affidavits for dogs and/or cats sold in a given
business day and, therefore, no longer present in the existing
Pet Shop, shall be maintained in hard copy for immediate
inspection by the Department.
b. All other signed affidavits for dogs and/or cats sold by the Pet
Shop must be kept in either electronic or hard copy form for
three (3) years and available for inspection within three (3)
days of the Department's request.
G. Inspections:
(1) The Department shall conduct, at a minimum, two (2) inspections of
the existing Pet Shops.
(2) Owners of existing Pet Shops, or designated representatives, shall
be required to personally inspect the USDA breeding facilities from
which they receive their dogs and/or cats.
4. A new Section to Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
/9 a? �,?,
Adoption -Based Business Model for Retail Sale of Dogs and Cats and Other
Requirements for New Pet Shops.
A. No new Pet Shop shall offer for Retail Sale dogs or cats in Hillsborough
County, unless that dog or cat was obtained from:
(1) An Animal Shelter;
(2) A Rescue Organization.
B. All dogs and/or cats offered for Retail Sale in Hillsborough County, by a new
Pet Shop, an Animal Shelter, or Rescue Organization, shall be required to
be implanted with a permanent electronic animal Radio Frequency
Identification Device (RFID-microchipped), registered to the legal owner of
the animal.
C. The following record keeping and disclosure requirements shall apply to all
new Pet Shops:
(1) New Pet Shops shall post and maintain on each animal's cage,
kennel, or enclosure, within clear view and in a reasonable proximity
thereof, a label stating the name and address, including city and
state, of the Animal Shelter or Rescue Organization from which the
new Pet Shop acquired the animal or that owns the animal kept in
the cage, kennel, or enclosure.
(2) New Pet Shops shall maintain records, stating the name and address
of the Animal Shelter or Rescue Organization that each dog or cat
was obtained from, for three (3) years following the date of
acquisition or in accordance with the required retention time set forth
by business standards and practices governing the particular
commercial establishment record, whichever is greater, and,
annually submit a copy of the record for the previous year to the
County's animal control officers or any other County officials charged
with enforcing the provisions of this Section, by February 1 st of each
year.
(3) Any such records shall be made available, immediately upon
request, to the County's animal control officers, any other County
officials charged with enforcing the provisions of this Section, and/or
law enforcement.
(4) Falsification of records by new Pet Shops is hereby deemed unlawful
and subject to the penalties under this Ordinance.
5. A new Section to Part A, Chapter 6, Article II of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
0
FA J
Prohibition on Retail Sale in Public Places.
A. There shall be no Retail Sale of dogs or cats on any public thoroughfare,
public common areas, or other places of public accommodations, flea
markets, festivities, yard sales, medians, parks, recreation areas, outdoor
markets, parking lots, or other similar activities, regardless of whether such
access is authorized by the owner.
B. This section shall not apply to the following:
(1) The Retail Sale of dogs and/or cats by an Animal Shelter or Rescue
Organization;
(2) The Retail Sale of dogs and/or cats as part of a state or county fair
exhibition, 4-H program, or similar exhibition or education program.
6. A new Section of Part A, Chapter 6, Article II of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Penalties.
A. It shall be a violation of this Ordinance to fail to comply with any of the
requirements or restrictions contained herein, which, for existing Pet Shops
operating under the grandfather privilege, can result in the loss of said
privilege and any and all rights appurtenant thereto.
B. Consistent with other sections of this Ordinance, any violation of this
Ordinance is a civil infraction punishable by a maximum civil penalty not to
exceed $500.00 and the amount of any penalties may be established by
BOCC Resolution.
C. A Person found to have violated this Ordinance could also be subject to the
following penalties:
(1) For the first inspection, a warning notice may be issued by the
Department;
(2) For the second inspection (on any new or continuing violation, that is
more than 30 days old), a fine of $250.00 may be imposed per
violation;
(3) For the third and any subsequent inspection (on any new or
continuing violation, that is more than 30 days old), a fine of $500.00
shall be imposed per violation.
(4) For the fourth .inspection within a year (on any or continuing violation,
that is more than 30 days old), the maximum fine of $500.00 shall be
imposed per violation, and for existing Pet Shops operating under
10
the grandfather privilege, this shall result in the loss of said privilege
and any and all rights appurtenant thereto.
Where practical and appropriate, the Department should provide thirty (30)
days for the Pet Shop to correct the violation. The inspection time will reset
every 24 months for purposes of calculating the number of violations.
D. Nothing contained herein shall prevent the County from taking such other
lawful action in law and equity as may be necessary to remedy any violation
of, or refusal to comply with, any part of this Ordinance, including, but not
limited to, pursuit of injunctive and/or declaratory relief and/or enjoinment,
or other equitable relief in a court of competent jurisdiction, or initiating an
action to recover any and all damages that may result from a violation of, or
refusal to comply with, any part of this Ordinance.
E. Each day of a continuing violation shall constitute a separate and distinct
violation. A separate and distinct offense occurs per animal.
7. Severability.
If any clause, sentence, paragraph, subdivision or other part of this Ordinance or
applications shall be adjudged by a Court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shalt not affect, impair, or otherwise
invalidate the remainder of this Ordinance which shall remain in full force and effect
except as limited by such order or judgment.
8. Inclusion in the Code of Laws and Ordinances.
The provision of this Ordinance shall be included and incorporated in the
Hillsborough County Code, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the
Hillsborough County Code, once established. The recitations contained in the
"WHEREAS" clauses are incorporated herein by reference, but are not required to
be reproduced and included in the Code.
9. Applicability.
All provisions of this Ordinance shall be applicable throughout the incorporated
and unincorporated areas of the Hillsborough County where there is no existing
conflict of law, municipal Ordinances concerning this matter, or unless any
municipality determines to opt -out of this Ordinance's provisions.
10. Filing of Ordinance.
In accordance with the provisions of Section 125.66, Florida Statutes, governing
Ordinances, a certified copy of this Ordinance shall be filed with the Florida
Department of State by the Clerk of the Board of County Commissioners.
11
192--15-
11. Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, PAT FRANK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of
County Commissioners of Hillsborough County, Florida, do hereby certify that the above
and foregoing is a true and correct copy of the Ordinance adopted by the Board
at its regular meeting of , 2017, by a vote of
voting yes and voting no, the same appears in record in Minute Book
of the Public Records of Hillsborough County, Florida.
WITNESS my hand and official seal this day of , 2017.
Approved by County Attorney
As to Form and Legal Sufficiency:
BY:
Sr. Assistant County Attorney
12
PAT FRANK
CLERK OF THE CIRCUIT COURT
BY:
Deputy Clerk
Agana
e Sulsegaand of aolad nnaln
01 aawnsuoa aol pueq uo
slaodai uoipadsul vasn
;aeaA Z snolnaad aneq IsnlN
Allenuue
41lnn >Iaonn Aaq}
aapaaaq Agana Jlsln
anlie}uasaidai
paleuSlsap a aneq
jsnw saJOIS }ad IN
uoi}euaaojul alagi olid
dlgaoaalua ay} sialsueal
aaunno leUll ay} pun
aaols lad aql of paaalsiSa.i
aq isnw dluaoaalua
aqj pue paddigaaalua
aq }snw s2od IIV
•dn-molloj
spaau legl punoj sl
anssl ue jl suoipadsul
AlaeaA uegj aaoW
•aas of siawolsm
lellualod aol aagwnu
asua:m dasn pue alels
'Alla 'aweu s,aapaaaq aq}
Sullealpul ales aol leualue
aeau ageuSls aneq }snlN
•saeaA Z Ise[ aql ulq}lnn
suolJeloln }aaalpul b uegj aaow ou
pue suolJeloln 1aaalp p gllnn siapaaaq
pasuaarl doSn woaj asegaand Aluo ueD
(AjunoD gOnoaogsll!H •xa)
saaoIS Iad pajeInOad
llann se asuaalj aleis e
'pailnba.i }1 'pue asuaail
dasn e aneq IsnW
-uollenllues
pue Oulsnoq aadoid
se Ilam se'sisluaaid
aqj uo Ieualue
gaea jo Sulaq-Mann pue
q}leaq aqi >laaga of
'aeaA aepualeo Agana
Allensn 'suollaadsul
paaunouueun
aneq IIIM
•aeaA
aad stop ajow ao SZ sllas
ao/pue salewal gulpaaaq
aaow ao b seq legs aapaaig
saapaaag pasua:)n ` cisn
woal.2op e aseq:)jnd ol sail!lua pajejn.Oa�j
SO WHY ARE SOME COUNTIES, CITIES AND STATES BANNING PET STORES WHEN
THEY HAVE AN ENTIRE UNDERGROUND NETWORK WHERE ANIMALS CAN BE
MISTREATED, ABUSED AND IN SOME CASES DIE WITH NO ONE EVER KNOWING?M
AND THAT IS WHERE 95% OF THE PETS IN PEOPLE'S HOMES COME FROM!! THIS IS
A MUCH BIGGER ISSUE THAN PET STORES THAT ONLY ACCOUNT FOR 3% OF THE
DOG POPULATION IN THE UNITED STATES M
f
FLORIDA STATUTE 828.29
It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of
veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list, all
vaccines and deworming medications administered to the animal and shall state that the animal has
been examined by a Florida licensed veterinarian who certifies that, to the best of the veterinarian's
knowledge, the animal was found to have been healthy at the time of the veterinary examination.
If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed
veterinarian of the consumer's choosing certifies that, at the time of sale, the animal was unfit for
purchase due to illness or disease; the presence of symptoms of a contagious or infectious disease, or
the presence of internal or external parasites, excluding fleas and ticks; or, if within 1 year following the
sale of an animal subject to this section; a licensed veterinarian of the consumer's choosing certifies
such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects
the health of the animal; or, if within 1 year, following the sale of an animal subject to this section, the
breed, sex or health of such animal is found to have been misrepresented to the consumer, the pet
dealer shall afford the consumer the right to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase, price, including the sales tax,
and reimbursement for reasonable veterinary costs directly related to the veterinarian's
examination and certification that the dog or cat is unfit for purchase pursuant to this section and
directly related to necessary emergency services and treatment under taken to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, and the reimbursement for reasonable veterinary costs directly related to the
veterinarian's examination and certification that the dog or cat is unfit for ,purchase pursuant to this
section and directly related to necessary emergency services and treatment undertaken to relieve
suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for
necessary services and, treatment related to the attempt to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of
veterinary services is reasonable if comparable to the cost of similar services rendered by other
veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for
the certification by.the veterinarian.
A consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital
or hereditary disorders. In the case of such waiver, the consumer has 48 normal business hours,
excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian
of the consumer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was
unfit for-purchase'due to a congenital or hereditary disorder, the pet dealer must afford the
consumer the right to choose -one of the following options:
(a) The right to return the animal and receive a refund of the purchase price; including the sales
tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit: or
AAP -002
/Viz
(b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of
equivalent value, but not a refund of the veterinary costs related to the certification that the
dog or cat is unfit.
A pet. dealer may specifically state at the time of sale, in writing to the consumer, the presence
of specific congenital or hereditary disorders, in which case the consumer has no right to any
refund or exchange for those disorders.
The refund or exchange required by section (5) or subsection (6) shall be made by the pet
dealer not later than 10 business days following receipt of a signed veterinary certification as
required in subsection (5) or subsection (6). The consumer must notify the pet dealer within 2
business days after the veterinarian's determination that the animal is unfit. The written
certification of unfitness must be presented to the pet dealer not later than 3 business days
following receipt thereof by the consumer.
An animal may not be determined unfit for sale on account of an injury sustained or illness
contracted after the consumer takes possession of the animal. A veterinary finding of. intestinal
or external parasites is not grounds for declaring a dog or cat unfit for sale unless the animal is
clinically ill because of that condition.
If a pet dealer wishes to contest a demand for veterinary expenses, refund or exchange made
by a consumer under this section, the dealer may require the consumer to produce the animal
for examination by a licensed veterinarian designated by the dealer. Upon such examination, if
the consumer and the dealer are unable to reach an agreement that constitutes one of the
options set forth in subsection(5) or subsection (6) within 10 business days following receipt of
the animal for such examination, the consumer may initiate an action in a court of competent
jurisdiction to. recover or obtain reimbursement of veterinary expenses, refund or exchange.
This section does not in any way limit the rights or remedies that are otherwise.available to a
consumer under any other law.
I (https://www.wrcbtv.com/livestream)
LIVE NOW: WATCH Channel 3 Eyewitness News
WWRCBtv.ft
NEWS
790
(/weather) 7=
UPDATE: No charges filed in Rhea Co. puppy
hoarding case
On Tuesday, over 100 dogs were rescued from horrible living
conditions.
Tuesday, October 9th 2018,11:21 PM EDT by WRCB Staff & Caitlyn Chastain
Updated: Monday, October 15th 2018, 6:36 AM EDT
UPDATE: No charges filed in Rhea Co. puppy hoarding case
331
SHARES
http://www.wrobtv.com/story/39257703/update-over-1 00 -pu ppies-in-sheiters-following-rescue-from-rhea-county- home 10/15/18, 4:21�Nj
Page 1
UPDATE: No charges have been filed against the people responsible for a hoarding
situation in Rhea County.
On Tuesday, over 100 dogs were rescued from horrible living conditions. The location
hasn't been released, but officials said the owner was not operating a puppy mill. They
believe the man was trying to help the dogs but got in over his head.
The Humane Educational Society has 28 of the 100 dogs from Rhea County. The
executive director said he is organizing pictures and paperwork from the rescue to
present to the national Humane Educational Society to press charges. He believes it was
a puppy mill.
"I have been on many puppy mill investigations and hoarding situations that I have
investigated. This is a puppy mill." Bob Citrullo said.
He added that these dogs are in much better shape Friday than when they arrived at the
Humane Educational Society in Chattanooga on Tuesday.
"They almost instantly started to trust us," Citrullo added. "They could tell that they are
definitely feeling better and we were here to help them."
It took volunteers almost five hours, and thousands of dollars in medical supplies to
examine and treat the 28 dogs from Rhea County. All had medical conditions. The dogs
were dirty with matted fur.
"All of them had to be bathed. They all had to be groomed. Almost all of them had to
have a professional grooming done. The hair was totally shaved down, and when we got
to that point, we still saw fleas."
Executive Director Bob Citrullo is optimistic the dogs will recover, but they still need a lot
of help before they are available for adoption.
http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-following-rescue-from-rhea-county-home 10/15/18, 4:21 PM
Page 2 of p; g v
"We saw a lot of ear infections and eye infections," Citrullo explained. "We identified one
dog with a tumor; we are going to remove that. One dog needs to be seen by an eye
specialist."
It is still not clear where in Rhea County the dogs came from. Authorities there will not
release the address of the home the dogs were removed from or the name of its owner.
They said that person took in too many animals and was overwhelmed. No charges will
be filed.
But Citrullo disagrees with the response. He plans to present evidence to national
authorities in hopes of pressing charges.
"We are going to provide the Humane Society of the United States with pictures, and
facts of the conditions of these animals in hopes they will be able to charge these people
based on the animals we currently have," Citrullo said.
The dogs still have a lot of dental work to get done, and some still are very timid and
need behavioral support.
Citrullo hopes the dogs will be available for fostering or adopting by next week.
PREVIOUS STORY: Volunteers and shelter employees in Rhea County, Chattanooga and
Nashville were working to take care of nearly 100 dogs Tuesday night.
The animals were rescued from a home in Rhea County Tuesday. The Rhea County
shelter director said the dogs were rescued from one of the worst situations she has ever
seen.
Nearly 100 dogs sat in crates waiting to be washed, groomed, and placed into new
homes.
http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-following-rescue-from-rhea-county-home 10/15/18, 4:21 PM
Page 3 oA11- ;1?2
"I have seer! some bad cases. I have seen some bad conditions," shelter director
Cheyenne Swafford said. "This is probably one of the worst that I've seen and it's
heartbreaking, really."
The dogs were rescued from a home in Rhea County, but officials won't say whose home.
Swafford said the owner was not operating a puppy mill and they don't believe he was
selling the pets. She said they believe the man was trying to help the dogs, but got in
over his head.
Pictures from a Facebook post show dogs in a dirty home, with dirty water, and dogs
living in their own filth.
r1
f
http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-following-rescue-from-rhea-county-home 10/15/18, 4:21 PM
Page 4 of/f7J�% /i
It was the Facebook post that prompted Amanda Rogers to drive from Charleston to
help out.
"I started bawling right away," Rogers said about reading the Facebook post. "To see all
the pets was shocking."
The Humane Educational Society took about 50 of the dogs back to Chattanooga.
"The goal tonight is to be able to get them in, look at their immediate needs, get them
fed, and bedded down," explained HES director Bob Citrullo.
Many of the dogs had extremely dirty, and matted fur. Citrullo said the dogs will be
checked out to determine if they need any treatment.
Some dogs have a long road ahead, but volunteers said they are happy to see people
jumping in to help.
"It was very affirming to see everyone helping," said Rogers. "You know, there are still
people that care a lot."
The Rhea County Animal Shelter posted a call for help and donations on its Facebook
page Tuesday afternoon. As of 10:30 Tuesday night, more than $20,000 was raised.
http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-following-rescue-from-rhea-county-homei 10/15/18, 4:21iiP,j�
Page 6 p9l7J_
erc�c., Rhea County Animal Shelter - Animal14,
rem
Shelter Alliance of Rhea
last Tuesday
******URGENT*****
RHEA COUNTY TENNESSEE
As we speak our Animal Control Officers are removing
100+ Yorkies, Chihuahuas and other designer breed
small dogs from the worst puppy mill situation we have
ever seen. These poor animals have known nothing but
living in their own filth and darkness. These conditions
are extreme and medical attention is needed for ALL of
r
these animals. As of right now we cannot release any
personal details of this case. If you can please donate to
help ... See More
KheU C`4urh
$46,635 raised
966 6.8K -" 31 K
http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-foliowing-rescue-from-rhea-county-home 10/15/18, 4:21 PMme,
Page 7�fLl�/ 92-11
Officials have not said if the man who had the animals will face any charges.
PREVIOUS STORY: Rhea County Animal Control Officers are removing more than 100
Yorkies, Chihuahuas and other designer breed small dogs from a home. In a Facebook
post, officers called it the worst puppy mill situation they have ever seen.
Few details have been released at this time about where the home is located.
The Rhea County Animal Control is asking for help with medical expenses.
All checks can be made payable to ASA of Rhea and mailed to:
9118 Back Valley Road
Evensville, Tennessee 37332
(https://&pPoakftiaGhwyv#fittpp.aIertme.news/widget-Ip/85? (https://aI(
1p/85? url=http://www.wrcbtv.com/story/39257703/update-over-100-puppies-in-shelters-
url=http(#NvminngfokshxmWstoro4R9-2-*/ectype=data-alertme-
over- banner&new window=false) to get email or text alerts from WRCB when there is a future
100- article following this storyline.
n-wrcb&utm_medium=referral&utm_content=autosized-generated-2r:AFTER STORY - 1:)
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4
Local News
Hundreds Of Dead Dogs Found Inside
Containers Behind Monticello Home
43 Live Dogs Were Removed from The Home
By:
Re'Chelle Turner (https://www.foxl6.com/meet-the-team/re-chelle-turner/1373598186)
u (mailto:returner@nexstar.tv)
Updated: Oct 09,2018 10:27 PM CDT
(Interactive Media Not Supported by Print)
DREW COUNTY, Ark. -The Drew County Sheriff's Office, the Department of Health and the
State Department of Environmental Quality are investigating after hundreds of dead dogs
were found inside containers at a home in Monticello.
"The house had been turned over to the animals like a big human dog house it's
unlivable,"Sheriff Gober said.
The Sheriff's office said they received phone calls and complaints about dogs running loose
and growling at kids.
When they went to the home on Rose Hill Cut -Off Road they found dogs buried inside totes.
Heidi Hogue said she has lived beside the mess for 20 years. She said the dogs were vicious
https://www.foxl6.com/news/local-news/hundreds-of-dead-dogs-found-inside-containers-behind-monticeIIo-home/l511228853 10/15/18, 4:24 PM
Page ��
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much more.
According to documents from the Health Department there were 500 twenty -gallon storage
totes with dead dogs in them,behind the house.
In the report, it also states there were dog feces everywhere inside and outside the
homeThere were numerous dead dogs in decomposing states outside.
Heidi Hogue said she is glad someone is finally doing something to fix the problem.
"Yes, but I mean it's too late for my little dog who I had for nine years and was like a family
member to me. He is dead and then you still got totes over there with dead dogs inside,"
Hogue said.
"The house is going to have to be dealt with, those dogs were diseased. They had mange and
all kinds of diseases. That ground is going to have to be dug up,"Hogue said.
Hogue said the owner kept the dogs fed and would receive generous donations from people,
but they were sick and needed help.
The Sheriff said the totes are in a disclosed location and it will be up to the Department of
Environmental Quality to properly dispose them.
The Department of Health said there were 43 live dogs removed from the home. It's unclear
where the dogs were taken.
Copyright 2018 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published,
broadcast, rewritten, or redistributed.
https://www.foxl6.com/news/local-news/hundreds-of-dead-dogs-found-inside-containers-behind-monticello-home/l511228853 10/15/18, 4:24 PM
Page 29;?- 130
850 ( weather) Q
(http:Hwww.fox 13 n ews. com)
News' Local News_(http://www.fox13news.com/news/local) FOX
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100 animals seized from Hernando Co. rescue
By: Natalia Verdina, FOX 13 News (mailto:? f now
bodyEhttp://www.foxl3ne-ws.-com/news/lo-cal-news/100-
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V1 rN:� STAY THE PATH
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BROOKSVILLE (FOX 13) - In Hernando County, almost 100 dogs and cats were
seized from an animal rescue .
The owner tells FOX 13 News she's worried about where they'll end up.
She says she took good care of her animals but the sheriff's office says there's a
history of problems at the property.
UP NEXT: x
IRMWGorsrlpope to prevent development on
Tides Golf Course
http://www.foxl3news.com/news/local-news/100-animals-seized-from-hernando-co-rescue
0 6 PHOTOS
7/1/18, 10:02 p �/
Page 1 ,
- (h hblWhtQ68.100684e Allard's rescue, known as the We Care for
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Paws Foundation, got a serious visit from deputies and animal control.
"They are well-fed. They are well, .watered but our biggest concern is the living
conditions that they're in," Lillibridge said.
Among the concerns are washed out flooring and exposed wires.
"I wouldn't change a thing, if I had to do it again I wouldn't change a thing," Allard
said. "I place animals in the right home, in the right environment for the animal and
for the people."
A new Hernando County ordinance requires anyone with more than 15 animals to
undergo inspections twice a year.
"I was under the impression that I was complying. It was only until today that I
realized it was only a numbers game," Allard said.
The sheriff's office says Allard was given fair warning.
So Wednesday evening trucks pulled in and loaded up. Nearly every animal on the
property was taken away.
"For those people that think I'm a hoarder, oh well. I don't care," Allard said.
The sheriff's office is allowing Allard to keep up to 14 animals. All the -others were
transported to an undisclosed location where they are being checked out by
veterinarians.
Anyone who wants help out is asked to drop off donations at the Hernando County
Animal Control Office.
They say they're really in need of towels, cardboard, paper, and dog soap.
pabay&utm_ mod ium=referral&utm_content=thumbnails-a2:Below Article Thumbnails:)
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Advertiser Content
(http://go.improvemortgage.com/Ob6822ef-3ca4-4deb-a7f1-905a3c1 abdd4?ad=ad46_h45_3&camp=mw1-11 &&site=myfox-
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Florida: Gov't Will Pay $355/Month Off Your Mortgage If You Have No
Missed Payments
http://www.fox13news.com/news/local-news/100-animals-seized-from-hernando-co-rescue 7/1/18,10:02 PM
Page 3 /150?
DCM
ORDINANCE NO, FINAL
AN ORDINANCE AMENDING HILLSBOROUGH COUNTY CODE OF
LAWS AND ORDINANCES, PART A, CHAPTER S, ARTICLE 11, AS
PERTAINING TO THE ANIMAL ORDINANCE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR GRANDFATHERING IN EXISTING PET
SHOPS, IMPOSING CERTAIN RESTRICTIONS, REGISTRATION, AND
OTHER REQUIREMENTS; PROVIDING FOR INCENTIVES FOR
EXISTING PET SHOPS TO ENCOURAGE TRANSITION TO
ADOPTION -BASED BUSINESS MODEL; PROVIDING FOR
ADOPTION -BASED BUSINESS MODEL FOR RETAIL SALE OF DOGS
AND CATS, RECORD KEEPING, DISCLOSURE, AND OTHER
REQUIREMENTS FOR NEW PET SHOPS; PROVIDING FOR
PROHIBITION ON SALE OF DOGS AND CATS IN PUBLIC PLACES AND
EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR APPLICABILITY; PROVIDING
FOR FILING OF ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THIS DAY OF
, 2017, AS FOLLOWS:
1. Section 6-20 of Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances is hereby amended to add the following definitions:
Adoption -Based Business Model shall mean a business model whereby all dogs
and cats offered for Retail Sale at a Pet Shop shall only be sourced from stray and
unwanted pets that have been taken -in by an Animal Shelter or a Rescue
Organization established in accordance with Section 501(c)(3) of the United States
Internal Revenue Code to rehome stray and other unwanted pets. It also means
that no commercially -bred intact pets may be offered for sale whether purchased
directly from the commercial breeder or from some other intermediary such as a
broker or wholesaler.
Animal Services shall mean a direct service provided to a dog and/or cat,
including, but not limited to, grooming, bathing, and/or boarding; except if provided
by a licensed veterinarian facility.
Animal Shelter shall mean the local animal control authority, public animal shelter,
or private animal shelter maintained by or under contract with the county or
municipality, devoted to the rescue, care, and adoption of stray, abandoned, or
unwanted animals; or any brick and mortar animal shelter whose primary mission
is to find permanent homes or rescues for sterilized, unwanted, and homeless pets.
/o..0;' .z .
18'9� -'3
Breeder shall mean any person who intentionally seeks to have animals reproduce
for sale or other commercial purpose, and/or to selectively mate animals with
desirable genetic traits, and/or to maintain or enhance the traits in future
generations.
Department shall mean the County's Pet Resources Department, or some other
designated County Department.
Person shall mean any natural person, society, firm, corporation, partnership,
association, or other legal entity or business unit and every officer, agent, or
employee thereof.
Pet Shop shall mean any retail establishment, open to the public, that sells or
transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of
the dog or cat or the physical location of the animal. Such an establishment may
be a permanent, temporary, or virtual establishment. An Animal Shelter or Rescue
Organization shall not be considered a Pet Shop under this Ordinance. An
"existing" Pet Shop is one that has been determined by the Department: 1) to be
legally operating on or before the effective date of this Ordinance; 2) found to not
have received, after the effective date of the Ordinance or at any time while the
existing Pet Shop is enjoying the grandfather privilege and any and all rights
appurtenant thereto, any final determination or adjudication of one or more
violations of any federal or state administrative rule, regulation, or statute
administered or enforced by the United States Department of Agriculture (USDA),
the Florida Department of Agriculture and Consumer Services, or any other state
agency with jurisdiction, resulting in one or more final determination or adjudication
of violation, whether administrative, civil, or criminal, including, but not limited to,
any consent decree, final agency order, court order, verdict, plea of guilty or plea
of nolo contendere (including Pet Shops that are transferred, assigned and/or sold
by the original existing Pet Shop owner after the effective date); and 3) therefore,
entitled to the grandfather privileges outlined herein. A "new' Pet Shop is one that
has been opened after the effective date of this Ordinance, the opening of which,
in no way, is associated with the sale, transfer or assignment by an owner of an
existing Pet Shop, and is subject to the Adoption -Based Business Model and all
other requirements prescribed herein.
Rescue Organization shall mean a duty incorporated non-profit organization that
has tax exempt status in accordance with Section 501(c)(3) of the United States
Internal Revenue Code, founded or chartered with the primary mission being the
welfare, care, and adoption/placement of stray, abandoned, or surrendered
animals, and which does not breed dogs or cats or obtain these animals for any
form of payment or compensation from any source other than an Animal Shelter.
Such organizations make pets available on a cost -recovery basis and/or foster
animals or enlist others to foster animals.
Retail Sale shall mean to sell (whether or not exchange of consideration for the
animal, and/or animal services, takes place at the same time and/or location), offer
W
for sale, auction, barter, display for sale, adopt, rehome, exchange (for
compensation or otherwise), give away, trade, deliver, lease, rent, include as part
of a package deal, advertise to do any of the aforementioned, or otherwise dispose
of dogs and/or cats to a person/s in a Pet Shop or in association with a Pet Shop.
2. A new Section to Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Grandfathering in Existing Pet Shops, Registration Requirements; and Certain
Regulations.
A. All lawfully operating Pet Shops in existence, on or before the effective date
of this Ordinance, and found to not have received, after the effective date of
the Ordinance or at any time while the existing Pet Shop is enjoying the
grandfather privilege and any and all rights appurtenant thereto, any final
determination or adjudication of one or more violations of any federal or
state administrative rule, regulation, or statute administered or enforced by
the United States Department of Agriculture (USDA), the Florida
Department of Agriculture and Consumer Services, or any other state
agency with jurisdiction, resulting in one or more final determination or
adjudication of violation, whether administrative, civil, or criminal, including,
but not limited to, any consent decree, final agency order, court order,
verdict, plea of guilty or plea of nolo contendere, shall be permitted to
continue the Retail Sale of dogs and/or cats in Hillsborough County in
accordance with their respective business models, provided, however, each
existing Pet Shop is at all times in full compliance with any and all existing
and future Retail Sale regulations adopted by the County for existing Pet
Shops and provided they are in compliance with the applicable provisions
of this Ordinance and the additional restrictions set forth below:
(1) An owner of an existing Pet Shop shall be permitted to transfer,
assign, sell, or relocate their existing Pet Shop. The transferee,
assignee, or new owner must comply with any and all existing and
future Retail Sale regulations adopted by the County for existing Pet
Shops, the applicable provisions of this Ordinance, and any
additional restrictions set forth herein.
(2) An owner of an existing Pet Shop shall not be permitted to open any
additional Pet Stores as of the date the Ordinance was adopted (the
date the Board of County Commissioners voted and approved the
passage of the Ordinance). Any Pet Shop opened as of the adoption
date of this Ordinance shall be considered a new Pet Shop and said
owner shall be obligated to fully comply with the Adoption -Based
Business Model for the Retail Sale of dogs and/or cats and all other
requirements prescribed for all new Pet Shops in the County.
3
(3) An existing Pet Shop owner that allows any of their federal, state,
and/or local occupational business licensels, or other requirements
related to the operation of their business, to lapse, making them
legally ineligible to operate their business, or voluntarily abandons
their respective Retail Sale business model, for a period of more than
ninety (90) days, -shall lose their grandfather privilege of reopening
and operating in its usual manner and .shall be obligated to fully
comply with the Adoption -Based Business Model for the Retail Sale
of dogs and/or cats in the County and all other requirements
pertaining thereto.
(4) Pet shops in existence, on or before the effective date of this
Ordinance, and found to have received, after the effective date of the
Ordinance or at any time while the existing Pet Shop is enjoying the
grandfather privilege and any and all rights appurtenant thereto, any
final determination or adjudication of one or more violations of any
federal or state administrative rule, regulation, or statute
administered or enforced by the United States Department of
Agriculture (USDA), the Florida Department of Agriculture and
Consumer Services, or any other state agency with jurisdiction,
resulting in one or more final determination or adjudication of
violation, whether administrative, civil, or criminal, including, but not
limited to, any consent decree, final agency order, court order,
verdict, plea of guilty or plea of nolo contendere, shall lose their
grandfather privilege and not be permitted to continue the Retail Sale
of dogs and/or cats in the County in accordance with their respective
business models. Such Pet Shops shall be considered a "new Pet
Shop" and shall be obligated to fully comply with the Adoption —
Based Business Model for the Retail. Sale of dogs and/or cats and all
other requirements pertaining thereto.
B. All owners of existing Pet Shops (including any and all transferees,
assignees, or new owners), shall be obligated to annually register their
business/es by submitting the following information, which may be subject
to independent audit, to the Department by the first of February each year:
(1) Business Name; and
(2) Business Mailing Address/physical location; and
(3) Business Owner's Name and Mailing Address; and
(4) Federal Tax ID #, if applicable; and
(5) USDA License number, if applicable; and
(6) Certain supporting business documentation, including:
4
/SW _ZS
a. Proof of its business operations through any federal, state, or
local business/occupational licenses, tax receipts, or other
documentation readily authenticated as true and correct
documents; and
b. Proof of its Retail Sales business and location through
franchise agreements, leases, or other documentation readily
authenticated as true and correct documents; and
C. Any other such documentation related to the acquisition, care,
and sale of the animals that may be found necessary by the
Department in any internal policies and procedures
promulgated for the implementation of this Ordinance.
C. All owners of existing Pet Shops (those in existence on or before the
effective date of this Ordinance) shall be required to initially register for the
grandfather privilege, by complying with the registration requirements set
forth above, within ninety (90) days of the effective date of this Ordinance.
Pet Shops that are transferred, sold, or assigned by an existing Pet Shop
owner, after the effective date of this Ordinance, shall be required to
register, by complying with the registration requirements set forth above,
within ninety (90) days of the transfer, sell, or assignment.
3. A new Section to Part A, Chapter 6, Article it of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Additional Retail Sale Regulations for Existing Pet Shops.
All owners of existing Pet Shops, including any and all transferees, assignees, or
new owners, shall be obligated to comply with the following additional Retail Sale
regulations:
A. Sourcing Transparency:
All existing Pet Shop owners shall have the following information readily
available for all potential purchasers, the Department, and the state:
(1) The name -of the United States Department of Agriculture (USDA)
breeding facility where the dog and/or cat was bred; and
(2) The license number of the USDA breeding facility; and
(3) The city and state of the dog's and/or cat's breeding origin.
(4) Specific contact information for the breeder of the dog and/or cat may
be provided at the discretion of the Pet Shop to its potential
purchasers, however, this information is required to be provided to
the Department in accordance with the record keeping standards
5
1AW -3�
outlined in Section E. below.
(5) A sign, in poster format, shall be placed in the existing Pet Shop, in
clear view, stating that the information required above is available for
review by all potential purchasers, the Department, and the state
upon request.
B. Buying Standards:
(1) All existing Pet Shop owners shall only purchase dogs and/or cats
that are intended to be sold to potential purchasers from breeders:
a. Approved and licensed by the USDA; and
b. That have .not received any direct violations from the USDA in
the past two (2) years; and
C. That have not received more than four (4) indirect violations
from the USDA in the past two (2) years; and
d. That have not received any state law violations in the past two
(2) years.
(2) All existing Pet Shop owners shall have readily available for all
potential purchasers, the Department, and the state and shall
maintain for three (3) years, USDA inspection reports in their entirety
for the breeders of alt dogs and/or cats Ding offered for Retail Sale
in their existing Pet Shops. For breeders that .have been in business
between one (1) year and two (2) years, the USDA pre -licensing
inspection, the first USDA post -licensing inspection, and a statement
that no other inspections have been completed shall suffice.
(3) A sign, in poster format, shall be placed in the existing Pet Shop, in
clear view, stating that this information is available for review by all
potential purchasers, the Department, and the state upon request. In
addition, this information shall be posted and maintained on each
animal's cage, kennel, or enclosure, within clear view and in a
reasonable proximity thereof.
(4) At the time of registration, all owners of existing Pet Shops shall
inform the Department of all dogs and/or cats that are available for
Retail Sale and were acquired, before the effective date of the
Ordinance, from breeders who do not meet the Buying Standards
above. Those dogs and/or cats may be sold by the existing Pet Shop,
however, after the effective date of the Ordinance, all dogs and/or
cats that will be available for Retail Sale -by the existing Pet Shop
must be acquired from breeders who meet the Buying Standards.
C. Microchip Requirement:
Except for the dogs and/or cats that are already microchipped at the time
they are received by the existing Pet Shop, all dogs and/or cats offered for
Retail Sale in an existing Pet Shop must be implanted with a permanent
electronic animal Radio Frequency Identification Device (RFID-
microchipped) by a licensed veterinarian facility. All dogs aid/or cats offered
for Retail Sale by the existing -Pet Shop must have the microchip registered
to the existing Pet Shop as the primary owner within five (5) business -days
of the receipt of the dog and/or cat by the existing Pet Shop.
D. Rehoming:
(1) All stray, abandoned, or unwanted dogs and/or cats held by an
Animal Shelter or Rescue Organization as a rescue shall not be
euthanized if the dogs and/or cats are found to have been previously
sold at an existing Pet Shop. This provision does not apply to dogs
and/or cats that have been, based on the medical opinion of a
veterinarian, severely injured or are otherwise suffering.
(2) The person who found the dog and/or cat has the option to retain the
animal in an attempt to rehome the dog and/or cat, at their sole
expense.
(3) An Animal Shelter or Animal Rescue may request -that the existing
Pet Shop pick up the stray, abandoned, or unwanted dog and/or cat
being held in their care, within three (3) days of the date of the
request, and the existing Pet Shop shall be responsible for the
regular and customary fees to reclaim the pet.
(1) The following records must be maintained by owners of existing Pet
Shops:
a. Health certificate from a Florida licensed veterinarian; and
b. Microchip information; and
c. Sourcing/Purchase information.
(2) The above records for all dogs and/or cats that are present in the
existing Pet Shop snail be maintained, in hard copy, for immediate
inspection by potential purchasers and/or the Department.
(3) The above records for all dogs and/or cats sold by the existing Pet
Shop and, therefore, no longer present in the existing- Pet Shop, must
be kept in either electronic or hard copy form for three (3) years and
7
be available for inspection within three (3) days of the Department's
request.
(4) Falsification of records by existing Pet Shops is hereby deemed
unlawful and subject to the penalties under this Ordinance.
F. Adoption Promotion:
(1) Owners of existing Pet Shops shall be required to place, on a sign
that is in poster format and in clear view, and in a readable disclaimer
on their Pet Shop website and any and all of their marketing
materials, a message promoting adoption from Animal Shelters and
Rescue Organizations as another option to acquire a dog and/or cat,
infomnation about their adoption programs and their contact
information, including webslte addresses to view the dogs and/or
cats available for adoption.
(2) Owners of existing Pet Shops shall require potential purchasers, at
the time of their transactions, to -sign an affidavit attesting that they
were informed about the adoption options, had the opportunity to
read the poster, website, or marketing information with the adoption
options and other information included, and reviewed the USDA
breeder reports, records and other breeder contact and background
information required to be maintained by the existing Pet Shops.
a. The signed affidavits for dogs and/or cats sold in a given
business day and, .therefore, no longer present in the existing
Pet Shop, shall be maintained in hard copy for immediate
inspection by the Department.
b. All other signed affidavits for dogs and/or cats sold by the Pet
Shop must be kept in either electronic or hard copy form for
three (3) years and available for inspection within three (3)
days of the Department's request.
G. Inspections:
(1) The Department shall .conduct, at a minimum, two (2) inspections of
the existing Pet Shops.
(2) Owners of existing Pet Shops, or designated representatives, shall
be required to personally inspect the USDA breeding facilities from
which they receive their dogs and/or cats.
4. A new Section to Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances Is hereby added to read as follows:
N
Adoption -Based Business Model for Retail Sale of Dogs and Cats and Other
Requirements for New Pet Shops.
A. No new Pet Shop shall offer -for Retail Sale dogs or cats in Hillsborough
County, unless that dog or cat was obtained from:
(1) An Animal Shelter;
(2) A Rescue Organization.
B. All dogs and/or cats offered for Retail Sale in Hillsborough County, by a new
Pet Shop, an Animal Shelter, or Rescue Organization, shall be required to
be implanted with a permanent electronic animal Radio Frequency
Identification Device (RFID-microchipped), registered to the legal owner of
the animal.
C. The following record keeping and disclosure requirements shall apply to all
new Pet Shops:
(1) New Pet Shops shall post and maintain on each animal's cage,
kennel, or enclosure, within clear view and in a reasonable proximity
thereof, a label stating the name and address, including city and
state, of the Animal Shelter or Rescue Organization from which the
new Pet Shop acquired the animal or that owns the animal kept in
the cage, kennel, or enclosure.
(2) New Pet Shops shall maintain records, stating the name and address
of the Animal Shelter or Rescue Organization that each dog or cat
was obtained from, for three (3) years following the date of
acquisition or in accordance with the required retention time set forth
by business standards and practices governing the particular
commercial establishment record, whichever is greater, and,
annually submit a copy of the record for the previous year to the
County's animal control officers or any other County officials charged
with enforcing the provisions of this Section, by February 1 st of each
year.
(3) Any such records shall be made available, immediately upon
request, to the County's animal control officers, any other County
officials charged with enforcing the provisions of this Section, and/or
law enforcement.
(4) Falsification of records by new Pet Shops is hereby deemed unlawful
and subject to the penalties under this Ordinance.
5. A new Section to Part A, Chapter 6, Article 11 of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
E
%got- /i
Prohibition on Retail Sale in Public Places.
A. There shall be no Retail Sale of dogs or cats on any public thoroughfare,
public common areas, or other places of public accommodations, flea
markets, festivities, yard sales, medians, .parks, recreation areas, outdoor
markets, parking. lots, or other similar activities, regardless of whether such
access is authorized by the owner.
B. This section shall not apply to the following:
(1) The Retail Sale of dogs and/or cats by an Animal Shelter or Rescue
Organization;
(2) The Retail Sale of dogs and/or cats as part of a state or county fair
exhibition, 4-H program, or similar exhibition or education program.
6. A new Section of Part A, Chapter 6, Article iI of the Hillsborough County Code of
Laws and Ordinances is hereby added to read as follows:
Penalties.
A. It shall be a violation of this Ordinance to fall to comply with any of the
requirements or restrictions contained herein, which, for existing Pet Shops
operating under the grandfather privilege, can result in the loss of said
privilege and any and all rights appurtenant thereto.
B. Consistent with other sections of this Ordinance, any violation of this
Ordinance is a civil infraction punishable by a maximum civil penalty not to
exceed $500.00 and the amount of any penalties may be established by
BOCC Resolution.
C. A Person found to have violated this Ordinance could also be subject to the
following penalties:
(1) For the first inspection, a warning notice may be issued by the
Department;
(2) For the second inspection (on any new or continuing violation, that is
more than 30 days old), a fine of $250.00 may be imposed per
violation;
(3) For the third and any subsequent inspection (on any new or
continuing violation, that is more than 30 days old), a fine of $500.00
shall be imposed per violation.
(4) For the fourth inspection within a year (on any or continuing violation,
that is more than 30 days old), the maximum fine of $500.00 shall be
imposed per violation, and for existing Pet Shops operating under
im
the grandfather privilege, this shall result in the loss of said privilege
and any and all rights appurtenant thereto.
Where practical and appropriate, the Department should provide thirty (30)
days for the Pet Shop to correct the violation. The inspection time will reset
every 24 months for purposes of calculating the number of violations.
D. Nothing contained herein shall prevent the County from taking such other
lawful action in law and equity as may be necessary to remedy any violation
of, or refusal to comply with, any part of this Ordinance, including, but not
limited to, pursuit of injunctive and/or declaratory relief and/or enjoinment,
or other equitable relief in a court of competent jurisdiction, or initiating an
action to recover any and all -damages that may result from a violation of, or
refusal to comply with, any part of this Ordinance.
E. Each day of a continuing violation shall constitute a separate and distinct
violation. A separate and distinct offense occurs per animal.
7. Severability.
If any clause, sentence, paragraph, subdivision or other part of this Ordinance or
applications shall -be adjudged by a Court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair, or otherwise
invalidate the remainder of this Ordinance which shall remain in full force and effect
except as limited by such order or judgment.
8. Inclusion in the Code of taws and Ordinances.
The provision of this Ordinance shall be included and incorporated in the
Hillsborough County Code, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the
Hillsborough County Code, once established. The recitations contained in the
"WHEREAS" clauses are incorporated herein by reference, but are not required to
be reproduced and included in the Code.
9. Applicability.
All provisions of this Ordinance shall be applicable throughout the incorporated
and unincorporated areas of the Hillsborough County where there is no existing
conflict of law, municipal Ordinances concerning this matter, or unless any
municipality determines to opt -out of this Ordinance's provisions.
10. Filing of Ordinance.
In accordance with the provisions of Section 125.66, Florida Statutes, governing
Ordinances, a certified copy of this Ordinance shall be filed with the Florida
Department of State by the Clerk of the Board of County Commissioners.
11
11. Effective Date.
This Ordinance shall take effect upon filing with the Department of State.
STATE OF FLORIDA }
COUNTY OF HILLSBOROUGH }
1, PAT FRANK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of
County Commissioners of Hillsborough County, Florida, do hereby certify that the above
and foregoing is a true and correct copy of the Ordinance adopted by the Board
at its regular meeting of , 2017, by a vote of
voting yes and voting no, the same appears in record in Minute Book
of the Public Records of Hillsborough County, Florida.
WITNESS my hand and official seal this day of , 2017.
Approved by County Attorney
As to Form and. Legal Sufficiency:
BY:
Sr. Assistant County Attorney
12
PAT FRANK
CLERK OF THE CIRCUIT COURT
BY:
Deputy Clerk
19,Z-77
Oct.15.2018 11140 PM OFFICE 8138519915 #5794 P 1/ 2
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Bacterial outbreak found in Orlando linked to contact with pet store
puppies
More than 100 people In 18 states are sick, dozens hospitalized
By Adrianne IwasimW (https t/wwwelidmrlandatom/author/adriannalwasinddI - Investisative Reporter
Posted: il.,W PM. OcWber 08„2098
Updated: 11!29 PM, October 08, 2018
ORLANDO Fla. - A team of epidemiologists at the Florida Department of Health in Grange County Is being credited with
discovering what caused more than 100 people In 18 states to get sick after being exposed to a drug-resistant strain of bacteria,
The researchers discovered all the infected people had Contact with puppies at local pet stores.
"Your own pet might be making you sick;” said Jennifer Jackson, the lead epidemiologist at the Department of Health, who was part
of the team that made the discovery.
The disease detectives, including Jackson, program manager Alvina Chu, surveillance specialist Heyda Rodriguez and
epidemiologist Ashley Vineyard, started their investigation last summer after five Orange County residents got sink from exposure
to the bacteria called Campylobacter jejuni,
They determined this particular strain, which caused abdominal pale, fever, cramps and diarrhea, was normally found in sick
puppies.
They also discovered it was resistant to most antibiotics.
According to the Center for DMaseControl(httpsJ/www,cdcg*v/mmwr/volumes/b7/wr/mmb73793,htmis_4:ld- 1ma7J7a3_ei,mostCampylobacterinfections
are associated with eating raw or undercooked poultry, orfrom contamination of other foods by these items. People can get infected when a cutting board that has
been used to tut and prepare raw chicken isn't washed before it Is used to prepare foods that are served raw or lightly cooked, such as salad or fruit. But people also
can get Infected through contact with dog poop or tat sloop.
So how did these five people get exposed to this particular bacterial infection? it is not because of something they ate, it is because
of something they touched. In these rases, it was a cute but infected puppy. The team determined all had been exposed to the
puppies at two Orlando Petland stores.
"We noticed that all five people said that they had animal contact at this local pet store;' .Jackson
lhttps://www.clickoriando.com/topic/Jsekson) said. "They either had contact with those puppies or they were a worker at one of
the pet stores.°
Then they discovered something else that alarmed them. .
"We see customers just handling the puppies and playing with them (and) not washing their hands ' Rodriguez said. "The same thing
with the staff members"
The Orange County team then contacted members from the Department of Agriculture and Consumer Services about
the discovery and went back to both Orlando Petland locations to collect fecal samples.
They said through DNA testing and searching the national health databases, they discovered some of the puppies they tested had
the same strain of bacteria that had made people sick in another state.
That's when they got other state and federal health agencies involved, along with the federal Centers for Disease Control,
Their research determined that not only did they have a small outbreak in Central Florida, but a national outbreak as well, involving
a total of 1s states.
lu-7X-
oct.15.2018 11:41 PM OFFICE 5136519915 #8794- P 2/ 2
Ohio and Florida had the highest number of people infected. The other states included in the outbreak were Connecticut, Georgia,
Illinois, Kansas, Massachusetts, Maryland, Michigan, Missouri, New Hampshire, New York, Oklahoma, Pennsylvania, Tennessee,
Utah, Wisconsin and Wyoming. The researchers discovered a total of 116 people got sick from contact with a puppy Infected with
the Campylobacter bacteria from Jan. 5,20 : 16 to Feb. 4 this year. Of those, 29 were pet store workers. Although no one died, 26
people were hospitalized.
According to the Centers for disease Control, a total of six pet store chains were linked to the outbreak, but most of the cases
Involved Petland puppies. The CDC reports a review of store records revealed that among 149 Investigated puppies, 142, or 95
percent, receiver) one or more courses of antibiotics, raising concern that antibiotic use might have led to development of
resistance, But their research also revealed that they could not identify any single breeder, distributor or transporter as the
Infection source.
Public health authorities issued infection prevention recommendations to affected pet stores and recommendations for testing
puppies to veterinarians.
Petland, an Ohio-based national pet store, has two stores in Orlando.
The owners of both Orlando Petland locations sent News 6 the following statement from the company's corporate office:
"As a result of the inquiry which ended in February, the CDC had no new recommendations for Petland other than to
continue our established practice of in store hand sanitization and education As for any new antibiotic practices, at Petland all
decisions relating to the use of antibiotics is determined by each of our store's independent licensed consulting veterinarians
who are responsible for examining each of our puppies and determining any medical treatment. We expect veterinarians to
practice appropriate discretion with antibiotics on puppies, just as we would expect the same from pediatricians wit ba es."
3t -.Eric Davies, Petland South Orlando,
The manager at the Petland location in Waterford Lakes told News 6 the store has signs advising people to wash and sanitize
their hands after handling the animals.
News 6 checked and did notice multiple signs at both Orlando locations encouraging people to wash and sanitize their hands. They
also had several laminated fliers warning people about possible exposure to Campylobacter.
The Florida Department of Health said washing and sanitizing hands before and after any exposure to animals is the recommended
course of action In trying to prevent this kind of bacterial infection.
"I'm very delighted to see they actually took our recommendations; Jackson said. "The corporate umbrella of this corporation
seems like they are onboard to spreading the message and keeping their customers safe:'
Rodriguez said they are seeing the changes,
"We see the changes In the store. We see the changes in our numbers. So it worked," Rodriguez said.
copy kk2flse by WKMC ClIckodarida -Act dAhhts reserved.
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Good Day,
As a citizen I feel it is my duty to inform you 1 do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
By f Mini but this form, I authorize [store name] to send an email to local and'State
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
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Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanel .
Thank you for your time and consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
" By filling out this forni`i, I authorize [store name] to send an email Yallocal and State
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
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Good Day,
As a citizen I feel it is my duty to inform you 1 do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and. consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
By filling out'l form, t authorize [store name] to send an email to local and State U
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
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Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
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Good Day,
As a citizen I feel it is my duty to inform you 1 do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. i do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
By filling out this form, I authorize [store name] to send an email to local and State
representatives for the My Puppy, My Choice campaign on my behalf,
Thank You 1
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Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, frorYiYesponsible breeders, at reputable pet stores. l do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and _consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
YY filling out this form, I authorize [store name] to send an email to local Old State
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
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Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. l do believe, and support, the fair regulation of .
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and -consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
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By Afinj 6utthis form, l authorize [store name] to send an email o focal and Smote
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You l
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Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
NAME
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EMAIL A
SIGNATURE
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By filling out this form, I authorize [store name] to send an email to local and State
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
Good Day,
As a citizen I feel it is my duty to inform you I do NOT support any legislation that bans the selling of puppies
and kittens, from responsible breeders, at reputable pet stores. I do believe, and support, the fair regulation of
any business or entity such as rescues, shelters and pet stores to make sure all animals are treated humanely.
Thank you for your time and- consideration in this matter.
Sincerely,
Concerned Citizen and supporter of Consumer Choice
NAME ADDRESS EMAIL SIGNATURE
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S
tsy niting out tnis torm, I autnorize gstore name] to send an email to local and State
representatives for the My Puppy, My Choice campaign on my behalf.
Thank You!
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INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: October 6, 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: Citrus Hideaway Subdivision Petition Water Assessment Project, Surveying and
Engineering Design Services
DESCRIPTIONS AND CONDITIONS:
The Indian River County Department of Utility Services (IRCDUS) has received a valid preliminary petition (see
Attachment 1) from the property owners of Citrus Hideaway Subdivision (see Location Map, Attachment 2)
requesting that the county supply potable water to their subdivision. Staff is now seeking authorization to begin
engineering design and retain Mr. Richard Votapka to provide the engineering services necessary to prepare
detailed construction plans for the public bidding process.
ANALYSIS:
Citrus Hideaway Subdivision has 10 residential lots with Tract A for a total of 11 lots per Plat Book 10-26. Lot 1
is already connected to the County potable water system via the existing water main along CR -510. Although
the parcel situated at the northwest corner of the subdivision is not part of the Citrus Hideaway plat 10-26, that
parcel is considered a benefitting property. Therefore, the total number of parcels in the assessment area is
eleven (11). Signed petitions were received from 10 of the 11 residential lots, or 91% of the property owners.
The preliminary estimate of the project cost is approximately $78,116.70. That may be subject to change once
a detailed design is complete.
One of the property owners in the subject assessment area is Mr. Richard Votapka. He is a Florida Registered
Professional Engineer who has designed, inspected and certified numerous projects in Indian River County, as
well as performed work for IRCDUS in an exemplary manner. In order to keep costs to a minimum, he has
elected to provide his services to include design, coordination, construction inspection and final certification
(pending project outcome at Resolution III) to his community at no charge. The only tangible costs at this time,
which would be paid directly by the County, would be to a licensed surveyor for the design survey and for an
as -built survey (pending project outcome at Resolution III), as well as application fees to FDEP and Indian River
County for right-of-way permits, which would total approximately $4,000.00.
FUNDING:
Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from
assessment fees paid by the benefitting property owners. Engineering design services will be provided by Mr.
Richard Votapka.
ACCOUNT NAME
ACCOUNT NUMBER
AMOUNT
Citrus Hideaway Subdivision Water Assessment
473-169000-19502
$78,116.70
Page IW3
RECOMMENDATION:
The staff of Indian River County Department of Utility Services recommends that the Board of County
Commissioners accept Mr. Richard Votapka's offer to perform design services pro bono, authorize the
Purchasing Manager to issue purchase orders for the necessary surveying work, authorize staff to make
payment for the permits necessary for the work, and authorize staff to move the project to the design phase.
ATTACHMENT(s):
1. Preliminary Petition Requesting a Neighborhood Water Assessment Program
2. Location Map
C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600D7AFD\@BCL@600D7AFD.docx
184
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INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT — CITRUS HIDEAWAY SUBDIVISION:
Parcel No: 31383600001000000000.1
Site Address: 8320 75TH CT
Owner Name: GABRICH, CHARLOTTE A
Mailing Address:
CHARLOTTE A (TR), GABRICH
PO BOX 644353
VERO BEACH, FL 32964
Legal Description:
CITRUS HIDEAWAY SUB PBI 10-26 TRACT A & ALSO INCLUDING THE FOLL DESC PCL: F ROM A POB AT THE SE COR OF CITRUS
HIDEAWAY SUB LOCATED IN THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SEC 36 TWN 31 S RGE 38 E AS SHOWN IN PBI 10-26 MORE
PART DESC OR 3088/1484
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to'lndian River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
Signature: Owner Date:
Signature: Trust Date:
NOTE: Please Review
Signature: Secondary Owner Date:
Signature: Trust
Date:
1. P.roverties under artrust. you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2,Pioaertw4nd'er multi Ike owriershie$ A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3. P.ro;e"ryiunder itusband-& wife-withoutsseeondarv•ow•ners fillediout•{PrApe yrAppralser�s;Sites) Then one signature either from the husband
or wife is adequate.
Indian River County— Utility Department will not move forward unless 66.75 majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor."
185
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
r!Ilita' PROPOSED WATER MAIN ASSESSMENT—CITRUS HIDEAWAY SUBDIVISION:
Parcel No: 31383600001000000006.0
Site Address: 8356 75TH CT
Owner Name: --GABR4C-H; NiAR1GTTE-A— ,,ia'vJ owQ'.:res• NJ� Or JuNC Zt, z;_,%'�
Mailing Address:
—C-I:-0FFE-A-(-TR)-6ABRICH---- G -t LE tit
,P -0 -BOX -644353 1 4 a 4:
VERO-B-[-AGM FL --32-964— Vt=zc G�e'r.c--; , 4=t.. 329 60
Legal Description:
CITRUS HIDEAWAY SUB - LOT 6 PBI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
2.x/.8
Signature: Owner Date:
Signature: 5 o a O er Date:
Signature: Trust I Date: Signature: Trust Date:
NOTE: Please Review
1. FToperties,under`xa:ki.ust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
^mac:,--"�----=--r.,F—xr.�-!�"^" a
2. PropeLYyund'er inia(tipie ownership A minimum of 51Y must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3. Properiyriiriderrliusbarids&;wife:ivitHout`secondary: ouvne'rsrfilledloui$ PiapertyrA'pjireisess:5ite"t) Then one signature either from the husband
or wife is adequate.
Indian River County- Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements Iisted_above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor."
186
A'� INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
e a
PRELIMINARY PETITION FORM
�rratit` PROPOSED WATER MAIN ASSESSMENT—CITRUS HIDEAWAY SUBDIVISION:
Parcel No: 31383600001000000005.0
Site Address: 8386 75TH CT
Owner Name: MAYS, PATRICIA A
Mailing Address:
PATRICIA A (TR)(TOK), MAYS
8386 75TH CT
VERO BEACH, FL 32967
Legal Description:
CITRUS HIDEAWAY SUB - LOT S PBI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
( YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures, to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
SI ature: Owner ,Date:
7jrn
h- Lca 0&0 (�/zfiy
Signature: Trust Date:
!VOTE., Please Review
Signature: Secondary Owner Date:
Signature: Trust
Date:
1. Propertiesiu�iderraitrus't you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2.Rroaertvlundeirrrt- ultluletowershia� A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3. P,roperdyuoder husbatidi&,w7fe:witHout}sego`rPdaryiowiiers.fitledlouttff opeffvtApp�iserssSite:) Then one signature either from the husband
or wife is adequate.
Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor."
187
INDIAN RIVER COMITY 0CPAtt'�'itll� l'j1 �1~ I.7Tlt,1'1'Y SERVICE.
PRELIMINARY PETITION FORM
'rrirc��� PROPOSED WATER MAIN ASSESSMENT 'CITRUS HIDEAWAY SUBDIViSION:
"7u•cel rl�: 3:1383a;0000J,OD000f10��%.0
Site Address: 8355 75TI-i CT
Ownev Narne: LACLAiR, LAWRENCE D and MM,11
Mailing Address:
LAWRENCE O (TRS)(T OK) aid MONI, LACLAIR
8355 75TH CT
VERO BEACH, FL 32967
Legal DeScri?tiori:-
CITRUS HIDEAWAY SUB - LOT 7 PSI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,:10:1.52
'in order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — In favor of the proposed Water assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (-the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
ils;i� �' /-) 2
��,•' '
Signature: Owner Date:
Signature: Trust Date:
i110 TE: Please Review
Signature: Secon •ry Oar ner Date:
vg
Signature: Tru> Date:
1. toe;t,es urd�r a trust you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. if there are multiple Trustees, then all have to sign the petition.
2. p"ra erg under-n-uith)Je own hr p A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3. Prct;erty under husband r?: wife' A-ithout secondarv. o:Ammrs 0 tied out (Prgoe—;tx Aooreisffes Site:) Then one signature either from the husband
or wife is adequate.
Indian River County — Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2013. Late petitions may be counted as "Not in Favor."
188
'i INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
s; PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT— CITRUS HIDEAWAY SUBDIVISION:
Parcel No:
Site Address:
Owner Name:
Mailing Address:
JEFFREY W and LORI R,
8406 75TH CT
VERO BEACH, FL 32967
31383600001000000004.0
8406 75TH CT
HOFFMAN, JEFFREY W and LORI R
HOFFMAN
Legal Description: -
CITRUS HIDEAWAY SUB - LOT 4 PBI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In orderto connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
1
/(o
ig ue: Owne; V Date: Signature: Secondar caner Date:
Signature: Trust • Date:
NOTE: Please Review
Signature: Trust
Date:
1. Properties+under a tiusf::you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2. Pi r,Gyiuitder rhultiuie,dwne'rsIKiti A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3. Bnertw•und'er:hustiaridl& orifi wntFidut fiA raiser,"ssSite) Then one signature either from the husband
or wife is adequate.
Indian River County — Utility Department will not move forward unless 66.7% majority is In favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. late petitions may be counted as "Not in Favor."
189
�'�,. INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
� e
PROPOSED WATER MAIN ASSESSMENT— CITRUS HIDEAWAY SUBDIVISION:
Parcel No:
Site Address:
Owner Name:
Mailing Address:
HOWARD E and IRENE L,
8455 75TH CT
VERO BEACH, FL 32967
31383600001000000010.0
8455 75TH CT
KRAMER, HOWARD E and IRENE L
KRAMER
Legal Description:
CITRUS HIDEAWAY SUB - LOT 10 PBI 10-26
*Please sign, & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the watersystem, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received forthe proposed water assessment project, please check one of the options
below and return to Indian River County Department of.Utility Services.
Y YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "Count")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set/forth, shown, proposed and agreed hereafter.
�J"i..%✓C.Y' T �1r GC%�"GJ-�I � .rl./' //) f`� JV,� r �ii�i'/�!L' L /�r4✓-� .r
Signature: Owner Date: Signature: Secondary Owner Date: r
Signature: Trust Date:
NOTE: Please Review
Signature: Trust
Date:
1. Properties undei'ai trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2. A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign. -
3. Pioaerav'wnder husband9,w.ife,_WAN outsecoddarV ow,peesSflll'ed?outat?�pp.erty,A�praiser'ssS9fe:) Then one signature either from the husband
or wife is adequate.
Indian River County — utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor."
190
;p�9:rt r y
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT — CITRUS HIDEAWAY SUBDIVISION:
Parcel No: 31383600001000000009.0
Site Address: 8405 75TH CT
Owner Name: VOTAPKA, RICHARD B and LINDA K
Mailing Address:
RICHARD B and LINDA K, VOTAPKA
840575TH CT
VERO BEACH, FL 32967
Legal Description:
CITRUS HIDEAWAY SUB - LOT 9 PBI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
Signature: Owner Date:
Signature: Trust Date:
NOTE: Please Review
Signature: Secondary Owner Date:
Signature: Trust
Date:
1. copertiesyund'er altrust you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2. Pio eP„�'.ertmulti'Dle owners � A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3.PropertiyrunderJh.usbai�ill&wife w.itfioufseednda`nv-owraersifilledLou.f GPropertv]Ap�raiset, ssSifes) Then one signature either from the husband
or wife is adequate.
Indian River County— Utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor.”
191
-.4
Parcel No:
Site Address:
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT —CITRUS HIDEAWAY SUBDIVISION:
Owner Name:
Mailing Address:
JERRY R and TANYA C,
8456 75TH CT
VERO BEACH, FL 32967
31383600001000000003.0
8456 75TH CT
TILLMAN, JERRY R and TANYA C
TILLMAN
Legal Description:
CITRUS HIDEAWAY SUB - LOT 3 PBI 10-26
*Please sigh & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
yYES— In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County")
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
qgnaturo Owner Date:
Signature: Trust Date:
NOTE. Please Review
� F
Signature:4-:4Owner Date:
Signature: Trust
Date:
1. Kd — rfiesiurid'er aifrusf: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition.
2. Froperf urid -r rriuttiple avuneish A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign.
3.PrapertVfubd'ertbustsaridl& w.Ifeiw.Ifhou.t.iecond'ary'_oivn'erslfilledlou•t1PropertY Apisef s?Site:] Then one signature either from the husband
or wife is adequate.
Indian River County— Utility Department will not move forward unless 66.791. majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of Utility Services by September 31, 2018. Late petitions may be counted as "Not in Favor."
192
5�ltt'rr'i
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
+: PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT = CITRUS HIDEAWAY SUBDIVISION:
arca 31383600000100000003.1
5Ke Address: 759585TH ST
.Owner Name: TASSINARI, RONALD & INES
Mailing Address:
RONALD & INES, TASSINARI
7595 85TH ST
VERO BEACH, FL 32967
Legal Description:
A PCL OF LAND LYING IN THE NW CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE 1 /4 OF SEC 36 TWP 31 S RGE 38 E LESS R/WS OF
RECORD AS DESC IN OR BK 560 PP 2264LESS ADD'L RD R/W AS DESC IN OR BK 2351 PG 2188
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — In favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County')
undertakelmepsures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
-rr
Signature: Owner .f Date: Stignature: Secondary Owner Date:
Signature: Trust Date: Signature: Trust Date:
NOTE: Please Review
1.roderti'es undkmai trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition, If there are multiple Trustees, then all have to sign the petition.
2. Prop rty,und'er multid'etow� A minimum of 51% must sign the petition, Example: If two then both need to sign. If three then two need
to sign.
3. ProAd iinderitiusband &.w fetwlthout secondary]owners 811ei1 out;lProaeifVrAaaraiser si5ite:) Then one signature either from the husband
or wife is adequate.
Indian River County - Utility Department will not move forward unless 66.7% majority Is In favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County Department of utility Services by September 31, 2018. Late petitions maybe counted as "Not In Favor."
193
INDIAN RiVER COUNTY DEPARTMENT OF UTILI SERVICES
PRELIMINARY PETITION FORM
PROPOSED WATER MAIN ASSESSMENT — CITRUS HIDEAWAY SUBDiViSION:
a cel N2: 31383600001000000002.0
Site Address: 8476 75TH CT
Owner Name: ROBERTS, THOMAS M and CHERYL L
Mailing Address:
THOMAS M and CHERYL L, -ROBERTS
8476 75TH CT
VERO BEACH, FL 32967
Legal Description:
CITRUS HIDEAWAY SUB - LOT 2 PBI 10-26
*Please sign & return*
This proposed water main assessment project will be completed as a square footage assessment below is the amount your
property will be assessed base on Indian River County's proposed construction cost:
Assessment (Construction) Cost per Parcel: $7,101.52
In order to connect to the water system, you must also pay impact and connection fees totaling $1,505.00. Total Cost per Parcel
is estimated at $8,606.52.
Based on the Information packet you have received for the proposed water assessment project, please check one of the options
below and return to Indian River County Department of Utility Services.
YES — in favor of the proposed Water Assessment Project.
NO — Not in favor of the proposed Water Assessment Project.
The undersigned petitioner respectfully requests the Board of County Commissioners of Indian River County (the "County')
undertake measures to establish a Water Assessment Program ("Project") pursuant to Ordinance 81-27 (the "Ordinance"), as
more particularly set forth, shown, proposed and agreed hereafter.
Signature: Owner Date: Signature: Secondary Owner Date:
Signature: Trust Date: Signature: Trust Date:
1NOrE: Please Review
11 Propefties.undeaattrust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign
or the Trustee can sign the petition, if there.are multiple Trustees, then all have to sign the petition.
2, f:rtidertv.und'er triukiple:owneis `ip: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need
to sign,
3. Proadit'y,underrhus'ouN9econdi3EY,otvnedsiP71 ed out.Lf',ropeitV7Appralser's Site:) Then one signature either from the husband
or wife is adequate.
Indian River County — utility Department will not move forward unless 66.7% majority is in favor of the project and the three requirements listed above are met. This petition must be
received by Indian River County oepartment of Utility Services by September 31, 2018, Late petitions maybe counted as "Not in Favor."
194
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
PROPOSED WATER ASSESSMENT PROJECT
CITRUS HIDEAWAY SUBDIVISION
— ---01890HY�
-t
- - ,- f85TH STI (COUNTY ROAD 510) 510
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' �� �•Jr4 . .1 d ,_ y,, i j�. - �•.' < - '�` `:j'__-.•S;_r ` �.�"!t 17`rni r .�:n� .. _
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t 1I ,r. ..�t-,j Lt'•f •�.J� :+Q ,t �,. �r:.,.. .}•,r tq�� 1.'' -�
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Via, tA�'�" � � � ' •fit`+. _ �''_'jt'l�.-=-�=?�-� J; , • {` - i�v ?�- - - - - - �} - * -, -- _
- -- 83RD ST `' < s. -r f?�?"Sit=- lr-t }Y+' ` i� j, say^^'"`w. �_ •`.5#`*4?z'
r
Departmental Item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: October 1, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Thru: Terry Southard, Operations Manager
Jennifer Hyde, Purchasing Manager
Subject: Request Data Flow System Upgrade — 55 Lift Station Remote Telemetry Units (RTUs)
BACKGROUND:
A
In 1990, the Indian River County Department of Utilities Services (IRCDUS) solicited bids for a
Supervisory Control and Data Acquisition (SCADA) system that would monitor the county's growing
sewage collection system. Data Flow Systems (DFS) of Melbourne, Florida, was awarded the bid. This
system is our electronic eyes and ears for the collection and transmission of county sewage. In 1990, at
the time of the bid, IRCDUS was collecting and transporting over 3.5 million gallons per day (MGD) of
sewage. In 2017, that has increased to 5.0 MGD. SCADA monitors and alerts stand-by personnel of any
power failures, high wet well levels and equipment malfunctions. With these alarms, it allows for quick
responses and helps avoid sewer back-ups into homes and sewage overflows on the ground. At this
time, DFS monitors 335 lift stations and 17 reuse sites.
In 1994, SCADA was expanded and installed on wastewater treatment facilities to monitor plant reuse
water. The system monitors flow, chlorine, turbidity and pH levels. With the use of SCADA on the
treatment plants, the county was able to reduce Florida Department of Environmental Protection (FDEP)
permit staffing from 24 hours/day to 8 hours/day.
In 2004, SCADA was upgraded to handle the additional growth of lift stations at a cost of $460,000, and
again in 2011 for reuse sites at a cost of $127,000.
ANALYSIS:
At this time, 55 RTUs from the original 1990 system purchase need to be upgraded to the newer
Telemetry Control Unit (TCU) due to their age and the lack of parts for the old RTUs. Of the 55 upgrades,
52 units will be 250 volts and 3 units will be 480 volts. DFS will provide all materials, installation, wiring,
testing, configuration and start-up service for each unit at a total cost of $412,500.00.
FUNDING:
Funds for the items are available in the Wastewater Collection Capital account in the operating fund.
Operating fund revenues are derived from water and sewer sales.
Description
Account Number
Amount
Machinery & Equipment
47126836-066400
$412,500.00
6
RECOMMENDATION:
On July 18, 2018, the Board of County Commissioners (BCC) authorized the Purchasing Department to
use Data Flow System (DFS) as the sole source provider for equipment, repairs and replacements for
Data Flow System products. At this time, staff recommends the BCC approve the upgrade of 55 Remote
Telemetry Units (RTUs) at the cost of $412,500.00 and authorize the Purchasing Department to issue
DFS a purchase order for this project.
Attachment: Data Flow Quote # 180827 -01 -RW
197
Page 1 of 3
AM? rZOWA43?stew
October 5, 2018 Quote No. 181005 -RW
Mr. Jerry Miller
Indian River County
Email: imiller@ircov.com
Re: (55) Lift Station TAC Pack TCU Installations Quote
Dear Mr. Miller:
Thank you for this opportunity to offer our products and services for the above referenced project. This quote
considers the following:
• This quote provides for replacing old DFS RTU units using our Pump Control Modules for station
operation. DFS will replace the RTUs with TAC Pack TCUs installed in fiber glass enclosures which will
be mounted on the existing antenna tower in place of the RTU. The existing RTUs will be surrendered
to the county.
• This quote considers the existing antenna systems are in good operating condition and will be used.
All products offered are compatible with Indian River County's existing TAC II SCADA system. This quotation
includes, and is limited to, the following. Should you have any questions or require additional information,
please contact me at 321-259-5009.
Sincerely,
Data Flow Systems, Inc.
Randy E. Wyatt
Inside Sales Manager
Email: randv@dataflowsys.com
BILL OF MATERIAL & SERVICES:
(55) TAC Pack TCU Assembly, includes: ($7,500 each)....................................................$412,500.00
(1) TCU Enclosure, Fiberglass
(1) TAC Pack TCU (TC0001 w/radio)
(1) Snap -in Installation Kit w/ Wire Harness
(1) RF pigtail
(1) RTU Surge Protection Kit
(1) 480 VAC, 3 -Phase Surge Protector Kit (if 240 VAC application, deduct $97 each)
(1) Polyphaser Coaxial Surge Protector
(1) 2.6 Ah Backup Battery
(1) Installation, Wiring, Testing, Configs, & Startup Services
SCADA SOLUTIONS SINCE 1981 - www.dataflowsys.com - MADE IN THE USA WITH PRIDE 198
Data Flow Systems, Inc. • 605 John Rodes Blvd. • Melbourne, Florida 32934 9 PH: 321.259.5009 • FAX: 321.259.4006
Page 2 of 3
WORK TO BE PERFORMED BY DFS:
1. DFS will mount the enclosure on the tower.
Any conduit provided by DFS will be PVC rigid and/or flexible and is limited to 30 feet. Trenching under or
cutting/patching of sidewalks, parking lots, streets, etc. is not provided by this scope and will be the
responsibility of others.
DFS will integrate the TAC Pack TCU to assume complete control of the lift station pumping operation.
Please note the TAC Pack TCU is designed to operate up to three (3) fixed -speed pumps (No VFD's). During
installation DFS will disconnect and remove the existing RTU and the existing floats and/or transducer will
be utilized.
4. DFS will complete all TCU configurations at the central site.. Central site configurations include a default -
generated graphical screen (no custom screens).
5. DFS will provide on-site start-up services.
WORK TO BE PERFORMED BY THE UTILITY:
1. Make site available when work is scheduled, and have personnel available to operate system as needed
when DFS work is scheduled.
2. All required instrumentation devices either exist, or shall be provided and installed by others.
3. All required underground locate information must be provided before DFS installation services can be
scheduled. DFS will provide an underground locate information form. The Utility will be the underground
locate Point of Contact. The Utility must provide a contact name and phone number for use by locate
services should they need to gain access to a secured area or are unable to find the site based on locate
info provided by Utility.
PRICING & TERMS:
This quotation totals $412,500.00. Pricing is based on NET 30 payment terms with approved credit. Partial
billing may occur as individual services are completed. Lead time is 8-12 weeks after receipt of order. Please
review the Quotation Notes listed below. This quotation will be honored for 90 days.
QUOTATION NOTES:
1. Only those items and services specifically listed above are included in this quotation.
2. Pricing is based on NET 30 Payment Terms with approved credit. Pricing can be adjusted upon request for
payment terms other than NET 30.
3. Ensuring the site is ready when services are requested is the responsibility of the customer/contractor.
Additional trips and site services beyond those listed above will be billed on a time and material basis via
change order. If cause of the additional activity is responsibility of DFS, a change order will not be required.
4. DFS employees will not enter "Confined Spaces" and/or "Permit -Required Confined Spaces" as defined by
OSHA. Any such requirement will be performed by others.
5. All electrical equipment to be accessed by DFS employees must be temporarily removed from service
during the performance of our scope of work.
6. This quotation does not include any required permitting, sealed drawings, or associated fees.
7. DFS' Standard Warranty applies to this project. www.dataflowsys.com/products/warranty-statement.php
8. Radio Study General Exception - The antenna requirements are based on our radio study. Our radio study
calculations are produced by DFS proprietary software algorithms and trade secrets. This information is
confidential and will not be provided. Radio study summary information and topological maps are general
in nature and can be provided under this proposal during the submittal process when requested.
SCADA SOLUTIONS SINCE 1981 - www.dataflowsys.com - MADE IN THE USA WITH PRIDE 199
Data Flow Systems, Inc. 9 605 John Rodes Blvd. • Melbourne, Florida 32934 • PH: 321.259.5009 • FAX: 321.259.4006
Page 3 of 3
This quotation stipulates that DFS existing insurance provider(s) and policy coverage are acceptable. In the
event that you require a change to insurance provider(s), additional coverage, and/or amending the terms
of our existing policies, we reserve the right to void and withdraw this quote and replace it with an
amended quote which contemplates and provides for the recovery of the cost associated with analyzing
and complying with different insurance requirements. Policy information can be found at
http://www.dataflowsys.com/company/documents/insurance-coverage.pdf
10. This quotation is formatted and priced for a direct purchase from the utility. If this scope is to be
purchased by others, a revised quote is required to cover additional project administration charges. These
additional charges cover routine contractor/developer requirements such as contract management,
submittal preparation, project coordination, owner notices, etc.
SCADA SOLUTIONS SINCE 1981 - www.dataflowsys.com - MADE IN THE USA WITH PRIDE 200
Data Flow Systems, Inc. • 605 John Rodes Blvd. • Melbourne, Florida 32934 • PH: 321.259.5009 • FAX: 321.259.4006
19C3
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: October 7, 2018
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Subject: Blue Cypress Lake Informational Update
BACKGROUND/ ANALYSIS:
On July 17, 2018, the Indian River County (IRC) Board of County Commissioners (BCC) unanimously
approved a six-month moratorium on the land application of Class B biosolids in the unincorporated area
of the County. The moratorium is set to expire on January 19, 2019. Prior to that date, County staff had
been asked to work with the regulatory agencies to investigate the causes of the increased nutrient levels
in and around the Blue Cypress Lake (BCL) watershed area and to determine the origin of said levels.
The purpose of the agenda item is to provide the BCC an update regarding the progress since the July
17th Public meeting and moratorium approval.
Date
Description
June 26, 2018
Indian River County Department of Utility Services (IRCDUS) provided the BCC a
BCL Testing Update as a Department Item during the BCC Meeting.
July 17, 2018
Six-month temporary moratorium on the land application of Class B biosolids in
unincorporated IRC. Ordinance 2018-016.
July 19, 2018
Staff requested data from the Florida Department of Environmental Protection
(FDEP) and the St. Johns River Water Management District (SJRWMD).
July 20 2018
Treasure Coast Regional Planning Council (TCRPC) discusses Management
Alternatives for Human Wastewater Biosolids & Resolution. Resolution 18-003
adopted.
July 27, 2018
IRC contracts with Jones Edmunds & Associates to assist with BCL Water Quality
Study.
August 02, 2018
Fellsmere adopts six-month Class B biosolids land application moratorium.
Ordinance 2018-06.
August 08, 2018
Conference call: IRC, Consultant team - Jones Edmunds & Associates with Janicki
Environmental (JE team), FDEP, SJRWMD. Discuss issues and upcoming
monitoring plan.
August 17, 2018
JE team representatives met with SJRWMD staff at SJRWMD HQ to discuss past
biosolids analyses and available data.
August 21, 2018
St. Lucie County unanimously adopts Resolution 18-148 to increase
collaboration with surrounding communities and regulatory agencies to
prioritize the reduction and eventual elimination of land application of human
wastewater biosolids.
August 28, 2018
Second conference call: IRC, JE Team, FDEP, SJRWMD.
C:\Granicus\Legistar5\L5\Temp\74ca60bf-c2a0-4a2b-b4ae-9ea8cef451d6.docx Page 1 o 10
Date
Description
September 05,
15t Biosolids Technical Advisory Committee (TAC) meeting in Orlando attended
2018
by IRC and JE Team.
September 14,
Site visit to BCL and IRCDUS BCL Wastewater Treatment Plant (WWTP) by
2018
IRCDUS staff and JE team. Discussion on approach to quantifying phosphorus
Apr
load increases to account for current upward trend. Quantification to be
Jun
completed with currently available data.
September 17,
Compiled spatial and tabular biosolids data available from SJRWMD for
2018
review/use.
September 19,
JE Team provided to IRC trend analysis for Blue Cypress Lake water quality.
2018
September 18,
At the 09/11/2018 BCC meeting, BCC voted to adopt the resolution, similar to
2018
the TCRPC addressing biosolids and biosolids applications. IRC Resolution 2018-
084 was adopted September 18, 2018.
September 25,
Received DRAFT UFL/IFAS Ranch Soil and Grass Tissue Sampling Plan.
2018
October 03, 2018
Draft Regulatory Agency Sampling Plan/Model.
October 04, 2018
JE Team reviews draft water and nutrient budgets available from draft SJRWMD
HSPF model with SJRWMD staff.
October 09, 2018
2" TAC meeting scheduled - canceled due to Hurricane Michael.
October 12, 2018
TCRPC presents Joint Resolution of Support on "Management Alternatives for
Landowner Contacts
Human Wastewater Biosolids" at Joint Meeting of the Treasure Coast and South
Florida Regional Planning Councils.
November 2018
JE Team to provide draft estimates on phosphorus load increases and causative
factors to IRC.
Long term Phosphorus Analysis to be conducted by OF/IFAS indicates a tentative schedule as follows:
Task
2018
2019
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Detailed Project Plan,
Selection of Sites,
Landowner Contacts
Field Data Collection
Analysis, Modeling, and
Interpretation
Final Report,
Presentations and
Recommendations
Based on what IRC staff recently learned, it appears that there have been some delays encountered by
regulatory oversight agencies to coordinate available resources, solidify contractual obligations, and to
determine the best course of action regarding the BCL watershed assessment. Since the BCC -approved
moratorium was implemented, some progress has been made by the agencies to include:
• Autosampler equipment has been installed.
• OF/IFAS draft sampling soil and grass analysis work detailed.
• SJRWMD entered a contract with firm to perform tracer analyses.
• Specific locations identified for groundwater and surface water sampling.
• Surface water quality monitoring network locations are set, though a few more details need to
be finalized, such as the frequency, constituent lists, access and coordinates.
C:\Gran icus\Legistar5\L5\Temp\74ca60bf-C2a0-4a2b-B4ae-9ea8cef451d6.Docx
202
• General locations for soil water sampling are set, though field recon will be necessary to identify
the exact locations and numbers of sites.
• Investigations will entail assessing the budget and fate of biosolids Phosphorous for ranchlands
in the Upper St. Johns watershed.
• Hydrologic Simulation Program Fortran (HSPF) Model data added to data available to IRC.
Understanding the BCL watershed water quality issue is complex and deals with variety of factors. The
regulatory agencies are pulling resources to implement the best course of action for the investigation.
There is willingness from the property owner to allow access to certain locations on private property for
this investigation.
However, it must be noted that 78+ calendar days have transpired during this planning process. Given
that staff must come back to the BCC in late November or December 2018, only two months remain in
which to formulate a recommendation to the BCC based on currently -available and limited -new data.
Based on the draft sampling plan created by SJRWMD, it is unlikely that robust results will come back in
this remaining two-month window but more likely in the mid to late part of 2019. Staff will be relying on
historical data to present for BCC review until such time as the updated information is obtained. The
FDEP-created Technical Advisory Committee (TAC) has postponed the October 9, 2018 meeting (TAC
meeting #2) due to Hurricane Michael. An excerpt from an email blast states:
To allow the opportunity for TAC stakeholders, TAC members and DEP staff to prepare for Tropical
Storm Michael, the second Biosolids TAC meeting scheduled for Tuesday, October 9, 2018, in
Orlando is cancelled. The safety of you and your family is our top priority, and we want to ensure
that all interested participants are able to join this meeting in person or via webinar, without
taking away from important focus on storm preparedness. We remain focused on the goals of the
TAC and the overall timing of TAC recommendations, therefore, this meeting will be rescheduled
as soon as possible following the storm event. The meeting schedule will be adjusted to continue
to ensure TAC recommendations are in place by February 2019, in advance of 2019 Legislative
Session
Staff does not recommend trying to formulate an additional sampling plan outside of the regulatory
agency process. This effort may be duplicative and the County may not have the same level of access to
private property as has been granted to the SJRWMD and FDEP for this investigation. Rather, staff will
continue to work with our consultant and the regulatory agencies to collect any and all data, and to bring
to the BCC Water Quality Study findings before the end of Calendar Year (CY) 2018.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCC) direct staff to continue coordination
with the regulatory agencies, not duplicate sampling efforts, and bring any and all available Blue
Cypress Lake data and Water Quality Study findings back to the BCC in December 2018.
ATTACHMENTS:
1. Pounds of Total Phosphorus from Class B Biosolids Application on Ranches around Blue Cypress
Lake
2. Class B Biosolids Land Application Sites around Blue Cypress Lake
C:\Granicus\Legistar5\L5\Temp\74ca60bf-C2a0-4a2b-B4ae-9ea8cef45ld6.Docx 203
Attachment 1: Pounds of Total Phosphorus from Class B Biosolids Application on Ranches around
Blue Cypress Lake
30000
20000
10000
30000
2000
100
tvn) 300
2000
m
c 1000
30000
20000
10000
30000
20000
10000
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Year
204
0
Blue Cypress Lake
Sampling and Monitoring Station
Data
Monitoring programs performed by multiple
state and private entities with data vetted and
uploaded into the FDEP's STORET (Water
Quality Data STOrage and RETrieval system)
and WIN (Watershed Information Network)
Archived data totaling nearly 38,000 data
points
Collection agencies supplying data include:
• Florida Department of Environmental
Protection — Central District
• Florida. Department of Environmental
Protection — Southeast District
• St Johns River Water Management District
• Florida LAKEWATCH
+ Sample Site
BCM
BCLNUT5
BCLNUT4
BCLNUTI
BCLNUT6
BCLNUT2
BCLNUT3
BCCW
S13 -1-L-1032
SJ3-LL-2010
SJ3-1-1--1015
S13-1-1--2051
SJ3-1-1--2025
SJ3-1-L-2037
SJ3-1-1--2002
BCC
'BCL
BCLN
S13 -LL -2004
SJ3-LL-2062
S13 -LL -2007
SJ3-LL-2065
SJ3-LL-2020
Z3 -CN -10004
SJ3-LL-2071
LMS
FDM
BCT
AMOBCL
1110968
BCLTRAIL
Date Range
1979-1990
8/4/2016
8/4/2016
8/4/2016
8/4/2016
08/04/2016 -CURRENT
08/04/2016 - 04/24/2017
3/10/1997-5/7/1997
C
11/19/2003
10/11/2006
♦r
11/19/2003
10/11/2006
10/11/2006
10/11/2006
10/11/2006
1980-2005
—
1980 -CURRENT
05/24/20.06-01/22/2008'
Oct -06
10/11/2006
10/11/2006
10/11/2006
10/11/2006
2/18/2016
10/11/2006
1980-1985
02/1980-01/2002
1984-2005
0
1993-1994
2004
No Laboratory data
No Laboratory data
S
e.
0
O
h .Z
1
r,
Blue
Cypress
Lake
i�
O
O
ST JOHNS RIVER WATER
MANAGEMENT DISTRICT
Blue Cypress Lake Monitoring
• Multiple Monitoring Stations
• Data collection and analysis on
some sites spanning nearly 40 years
• Physical and Analytical Water
Quality monitoring
• Has included Groundwater and
Sediment Monitoring
• Several sites have been sampled
once to collect data
• Various parameters monitored,
including Metals, Pesticides,
Organics and basic Water Chemistry
parameters in addition to the
Nutrient testing (Nitrogen and
Phosphorus)
ST JOHNS RIVER WATER MANAGEMENT DISTRICT
Long Term Monitoring Sites
BCL site: Long term monitoring location for various parameters from 1979 to present.
2.5
1.5
neo
E
0.5
SJRWMD BCL
Total Nitrogen
o�\1y\�o \1y\�ti \1�\� o�\1y\ao $\1y\w� \1�\110%\1�\c�0�\14c, o�\14c, o��y�1c, 1y\000h\o�o��y�\F o�'�yIR o$�yy\o$o��yy\~oo�\yy\1�ob\yy\1 o0\yy\1�
0.35
0.3
0.25
op
0.2
E 0.15
0.1
0.05
0
SJRWMD BCL
Total Phosphorus
y1\yy\1 11))\x, \yy\11� \y41 \y41c$�\1y\y1 11\11y\h�\1o�' 4 -CC, 11))\x, 1h\y1y 101 oy
\yy\11\yy\Poy\yy\Po1\y1,01 \y1,011\y41o�y\y�\�oy�\yy\�oti�
04/30/84
04/30/85
04/30/86
04/30/87
04/30/88
04/30/89
04/30/90
04/30/91
04/30/92
04/30/93
04/30/94
04/30/95
04/30/96
04/30/97
04/30/98
04/30/99
04/30/00
04/30/01
04/30/02
04/30/03
04/30/04
04/30/05
04/30/06
04/30/07
04/30/08
04/30/09
04/30/10
04/30/11
04/30/12
04/30/13
04/30/14
04/30/15
04/30/16
04/30/17
mg/L
O N N W A In Ql V 00 t0
O N
v C
Z
m W
O --1
5/2/1983
5/2/1984
5/2/1985
5/2/1986
5/2/1987
5/2/1988
5/2/1989
5/2/1990
5/2/1991
5/2/1992
5/2/1993
5/2/1994
5/2/1995
5/2/1996
5/2/1997
5/2/1998
5/2/1999
5/2/2000
5/2/2001
5/2/2002
5/2/2003
5/2/2004
5/2/2005
5/2/2006
5/2/2007
5/2/2008
5/2/2009
5/2/2010
5/2/2011
5/2/2012
5/2/2013
5/2/2014
5/2/2015
5/2/2016
5/2/2017
mg/L
O O O O
O N A m 00 N N
r--
0 O
as
(rD
3
O
r+
O
aq
N
rfi
(D
N
N
c..
O
z
N
Z7
m
C�
C
m
z
D
G)
m
K
m
z
N
n
ST JOHNS RIVER WATER MANAGEMENT DISTRICT
On -Going Monitoring Sites
BCNUT2 site: -Monitoring Site with data collections starting 08/2016 to current.
0.4
0.35
0.3
0.25
0.2
E
0.15
0.1
0.05
0
,10 P P .10 ,ti0 1P ,ti0 P P 1 ,lo p ,yo ,ti0 ,ti0 ,ti0 ,ti0 ,y0 1P ,tio ,10
°� a\ 1y�°� �� °� �� �� � � �� ^�b�°� o�°� 10��� °� �� y��� �� �� �
SJRWMD BCNUT2
Total Nitrogen
2.5
2
1.5 —
E 1
0.5
0 -
ti� ti� ti� ti� ti� ti� ti� y1 NA .y� ,ti1 ti� ti� 1� y� NA ,y� y� N% ,y� N% y0
yo ,yo do do do do do do do ,yo ,yo ,yo ,yo ,yo do do do ,yo do do yo ,yo
��a\ � o��\ 1\°� ��°� 1N� ,)� ��°� �\° ��°� oda\ A'a e e e ,,� ��° tib° ��°� ��°� aha\ X11 \
ti ti ti ti ti ti
SJRWMD BCNUT2
Total Phosphorus
ST JOHNS RIVER WATER MANAGEMENT DISTRICT
On -Going Monitoring Sites
BCNUT3 site: Monitoring Site with data collections starting 08/2016 to current.
SJRWMD BCNUT3
Total Phosphorus
0.3
0.25 N.—
0.2
J
to 0.15
C
0.1
0.05
0
10 10 10 10 10 11 11 11 11 1111 11 11 11 11 11 11 1� 1q' 1� 1�
,ti0 ,ti0 ,10 ,ti0 .ti0 ,ti0 ,ti0 ,ti0 ,ti0 ,ti0 ,ti0 ,ti0 )ti ,ti0 ,til ,ti0 ,ti0 .ti0 ,ti0 ,ti0 ,ti0
\a\\a\ l\a\ y\a\\a\ y\a\\a\\a\ o\'
\a\ y\a\ O\a\\a\\a\\a\ o\a\\a\\a\ y\a\ ry\a\\a\ a\a\
1 1 1 ti ti ti
SJRWMD BCNUT3
Total Nitrogen
3
2.5
2
J
�C 1.5
C
1
0.5
0
010 010 010 010 010 011 011 111 011 011 011 011 11� 011 011 011 011 01� 11� 01� 11�
a\\ KP a\� a\1 a\1 a\1 a\1 a\ti a\ti a\ti a\ti a\� a\1 ax a\' a\1 a\1 a\\ a\� ax a\�'
w\ �\ 10\ 1•y\ 1ti\ 1\ ti\ 3\ a\ �\ �\ �\ �\ �\ 10\ 11\ 1ti\ 1\ ti\ 3\ a\
E— ; C I Q lakewatch.ifas.ufl.edu/indexshtml G F
Apps * Bookmarks What's That Alga: ti• [) Fertilizer 101 I) Florida Clean Water IV Salinity Calculator I( �- Florida Water Resor a FLOW RATE CALCUL » ❑ Other bookmarks
'I
UF1IFAS
UNIVERSITY of FLORIDA
EQorida LAKEWATCH
LA WATCH Volunteer Water Quality Monitoring Program
CITIZEN SCIENCE SINCE 1486
• - �'..~. � `�.'E.i � \'tel`. `- ti.: '�` `�
HOZ
0.25
0.2
0.15
E 0.1
0.05
0
00"� OOU 00h 000
,$Y
FLORIDA LAKEWATCH IND -BLUE CYPR-1
Total Nitrogen
3
2.5
2
J
1.5
E
1
0.5
FLORIDA LAKEWATCH
Blue Cypress Lake
Analytical Data Monitoring Stations
IND-BLUE_CYPR-1 site: Monitoring Site with data from 2003 to 2014.
FLORIDA LAKEWATCH IND -BLUE CYPR-1
Total Phosphorus
0 --
o��o� o��o� o`'�oh oy�o� o`'�o� oy�o� oy�o� o`'�tio o��titi oy�titi oy�ti3 o`'�tio
Otis otic otic otic otic otic otic otic otic otic otic otic
0.25
0.2
0.15
m
E 0.1
0.05
0
3
2.5
2
J
1.5
E
1
0.5
0
ohs°3 oy\oa oy�oh o`'�oo oy�o� °y�o� o`'�oa o`'�tio o`'�titi o`'�titi °h�ti3 oh�tia
Q)tic otic otic otic otic otic otic otic otic otic otic otic
FLORIDA LAKEWATCH
Blue Cypress Lake
Analytical Data Monitoring Stations
IND-BLUE_CYPR-2 site: Monitoring Site with data from 2003 to 2014.
FLORIDA LAKEWATCH IND -BLUE CYPR-2
Total Phosphorus
FLORIDA LAKEWATCH IND -BLUE CYPR-2
Total Nitrogen
0.25
0.2
0.15
E 0.1
0.05
0
o°10 o°� o°� o°� o�° otiti otiti otic oti°
FLORIDA LAKEWATCH IND -BLUE CYPR-3
Total Nitrogen
z.s
z
is
m
1
0.s
FLORIDA LAKEWATCH
Blue Cypress Lake
Analytical Data Monitoring Stations
IND-BLUE_CYPR-3 site: Monitoring Site with data from 2003 to 2014.
FLORIDA LAKEWATCH IND -BLUE CYPR-3
Total Phosphorus
0 - —
otiootic°y\oy otiotiotiotiotic°h\yo otioti�ooti�o
y\1� otic°y\1� 11V
Map Direct
__ - yr -_.. _ • 7 " u /� 04,G)
.- Blue _ vl
to
_ ; ' y
i[�.y ,J ,. -�'; -'`;its .aV 'oif, •" v4;. .i. � .S � `6/ �. . ._�
i � � b., = 4 _ � _. QUI '•"•=J _Ut � aJr<`
® .Je,
:® _ FAQ'
0 0.: lmi tlt,
Florida Department of Environmental Protection Blue Cypress Lake Monitoring Stations
no sample 2004 to
20010099
02/2003 - 08/2014
Avg
Avg
Sample Site
Date Range
Total Nitrogen
Total Phosphorus
20161
Nov -03
1.83
0.14
20177
Nov -03
1.81
0.15
31149
Oct -06
1.049
0.14
31151
Oct -06
0.922
0.13
31153
Oct -06
0.938
0.14
31156
Oct -06
1.05
0.13
31157
Oct -06
1.016
0.14
31163
Oct -06
1.147
0.14
31165
Oct -06
0.98
0.13
31168
Oct -06
0.949
0.14
31173
Oct -06
0.913
0.13
31174
Oct -06
1.139
0.13
31176
Oct -06
0.305
0.12
no sample 2004 to
20010044
02/2003 - 08/2014
1.32
0.133 2013
20010092
05/2014-06/2014
1.06
0.14
no sample 2004 to
20010099
02/2003 - 08/2014
1.45
0.15
2013
no sample 2004 to
20010833
02/2003 to 01/2013
1.45
0.095
2012
no sample 2004 to
20010834
02/2003 to 01/2013
1.62
0.079
2012
20011132
01/2013 -11/2013
1.36
0.162
20011133
01/2013 -11/2013
1.29
0.166
20011266
Jan -13
1.7
0.023
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Blue Cypress Lake
Recent Analytical Data Monitoring Stations
20010099 site: Monitoring Site with data collected in 2003, 2008 and 2012 to 2014.
FDEP 20010099
Total Phosphorus
0.3
0.25
•
0.2
J
0.15
E
0.1
0.05
0
00� 000.
00h
000
001 00� 00� Oy0
O,y'y
O,y'L
O,y'�
Oti0.
FDEP 20010099
Total Nitrogen
2.5
2
•
1.s —
E 1 —
~�•
o.s
0
ti ti ti ti
ti N ti
ti N
ti ti
ti ti ti�
ti N ti
0 0 0
N ti ti
0 0 0
ti ti
0 0
H ti ti ti ti
0 0 0 0 o O o 0 0
0 0 0
0 0
0 o
O O O o
\ \
\ \ \
N I� N
\ \
Ln m
O m
\ \
W
tp \ \ \ \ \ \ \ \
\ Ql N h N to O
\ \ \
m 00
\ \
lD H
\ \
0
\ \
N n N
HO
O 0 O
O H ri O O O O c -i O H
O O 0 O
O H�
O
O O 0 .-+ O
®R
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Blue Cypress Lake
Recent Analytical Data Monitoring Stations
20010833 site: Monitoring Site with data collected in 2003 and then again in 2013.
FDEP 20010833
Total Phosphorus
0.14
0.12-
0.1 —
0.08
E 0.06
0.04
0.02
0
oo� ti�y\�oo$ o� 10 Qy
FDEP 20010833
Total Nitrogen
2
1.5%1%—
.5_ —
J
o7z 1
C
0.5
0
m m m V V V1 ID tD tD r� r oo oo oo O1 m O O
H N N N N N H N N N H N N N N N N N H H H N N N
O O O O O O O O O O O O O O O O O O O O O O O O
N n N o O M W o o H C Del N o N t! O M W o o N V o
O O c-1 O c -I O O O O H O O O O c-1 O r -I O O O O .-i O O
Find address or place
(@ Clear selection C Refresh
MlcrocystfmLR (pg/L)
Site Visit Date I Sample
Site Visited By
Sample Depth
I Semple Depth
!Analyzed By
Other Lab name
and Time
j Location
10.50
i Description
(meters)
i.
545,000
6/15/2018,
Blue Cypress
DEP-CEN ROC
(Surface grab
0-30
DEP
not detected
10:53 AM
Leke, South
!
NWe
j
species in
r
Shore
i
i
Algee identified by
6/15/2018,
Blue Cypress
I DEP-CEN ROC
Cypress
10.30 i
DEP
Cylindrospermopsin: not detected;
11:53 AM
Lake, boot
,�W:al• •_Ur 'J -Z)4
� �
IU,
"•.14r�
eta ..,v.'=' _. .,.
'- - _. _ _
__._
...-, ., _. v *
,ut• .. ;. r •1_i Ju �
'=:,_b,
til{:r� !. vh-.__ =yt�
J6/1412018,
' -
pit
_—vtrr°"St�•Jo1i175'�,y
� a
Greenwater
11:27 AM
Blue Cypress
Aw
Leke
i
J
Site Visits - within 30 days Site Visits - past 31.60 days Site Visits - past 61-90 days Site Visits - older then 90 days
FLORIDA DEPARTMENT OF ENVIRONMENTAL'PROTECTION
Blue Cypress Lake
Algal Bloom Monitoring Activities
https://fIoridadep.gov/dear/algal-bloom/content/algal-bloom-sampling-results
•
(@ Clear selection C Refresh
MlcrocystfmLR (pg/L)
Site Visit Date I Sample
Site Visited By
Sample Depth
I Semple Depth
!Analyzed By
Other Lab name
and Time
j Location
10.50
i Description
(meters)
20-2,000
545,000
6/15/2018,
Blue Cypress
DEP-CEN ROC
(Surface grab
0-30
DEP
not detected
10:53 AM
Leke, South
!
Cylindrospermopsin: not detected
j
species in
r
Shore
i
i
Algee identified by
6/15/2018,
Blue Cypress
I DEP-CEN ROC
i Surface grab
10.30 i
DEP
Cylindrospermopsin: not detected;
11:53 AM
Lake, boot
Sexitoxin/Parelytic Shellfish Toxins: not
1
I
detected
romp area
J6/1412018,
North Central
ISJRtNMD
Surfacecrab0.30
DEP
Greenwater
11:27 AM
Blue Cypress
Leke
i
J
For recreational waters, the WHO condudes that a single guldetme value for CyanOaaCtena or cyanotomns Is not appropriate. Due to the
variety of possible exposuresthrough recreational activities (contact, ingestion and inhalation) itis necessarytodifierentiate between the
chiefly irritative symptoms mused by unknown cyanobacterial substances and the more severe health effects due to exposure to high
concentrations of known cyanotoxins, particularly microcystins. The WHO guidance values for the relative probability of acute health effects
during recreational exposure to cyanobacteria and the probability of microcystins concentrations are:
Relative Probability of Acute Health Effects
R Options v Ther by map extent Q Zoom to
Cyanobacteria (cells/ml)
MlcrocystfmLR (pg/L)
Chlorophyll -a (p6/L)
LOW
-20,000
-10
-10
Moderate
20,000-100,000
10-20
10.50
High
100,000-10,000,000
20-2,000
545,000
Very High
> 10,000.000
>2.000
>5,000
!Comments
Algal ID
'Total Microcystin
OtherToxin(micrograms/L)
I
j
iToxin
(micrograms/L)
i
Domino nttexon:
notdetected
Anatoxir.-a: not detected;
Microcystis
Cylindrospermopsin. not detected
wesenbergii
mixed algae; no
not detected
Anatoxin -e: not detected;
dominant
Cylindrospermopsin: not detected
j
species in
r
sample
i
Algee identified by
Dominerrt taxon:
0.71
Anatoxin -a: not detected;
DEP; toxin analysis
Microcystis
Cylindrospermopsin: not detected;
performed by
wesenbergii
Sexitoxin/Parelytic Shellfish Toxins: not
Greenweter
I
detected
\
�
J�
ym
Dylan Reingold, County Attorney
William K DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
County Attorney's Matters - B. C.C. 10. 16.18
Of, of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: September 26, 2018
ATTORNEY
SUBJECT: Request for Closed Attorney -Client Session Relating to Martin County et al. vs. U.S.
Department of Transportation et al. (Case No.: 1: 1 8-cv-00333-CRC)
BACKGROUND.
In accordance with Section 286.011(8), Florida Statutes the County Attorney requests that the Indian River
County Board of County Commissioners (the "Board") schedule a closed attorney-client "session
concerning Martin County et al. vs. U.S. Department of Transportation et al. (Case No.: 1:18-cv-00333-
CRC) to be held on October 23, 2018 in the County Commissioners' Conference Room. Per Florida
Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy
sessions related to litigation expenditures. The attendees at the session will be the Board, the County
Administrator, the County Attorney, and a certified court reporter. Reasonable public notice will be given
of the session. It is estimated that the session will last approximately 90 minutes.
RECOMMENDATION.
The County Attorney recommends that the Board schedule a closed attorney-client session to occur at
10:30 AM on October 23, 2018.
GIUxnlnarpvxidppDmnV n/41flao ��IY)ndwalTemporonlntemet P71eslCamen.Omloaki6.V6NLCQDIa/1AbmnlFlorf6 ShadeAftgRegnq(Ou_>018).d-
206
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Oce of
INDIAN
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
V
DATE: September 26, 2018
SUBJECT: Economic Development Council Appointment
136
Attorney's Matters - B.CC. 10. 16.18
RIVER COUNTY
ATTORNEY
On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned
to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the
process of appointments and reappointments. This agenda item is to consider the appointment of an applicant
to fill the position of "Local Agriculture Industry" vacancy on the Economic Development Council
Committee, which term expires in January 2019. The vacancy has been advertised on the County's website
and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position,
whose rdsumd and application is available for review in the Commissioners' Front Office area:
Gerald W. Renick
RECOMMENDATION.
The County Attorney recommends that the Board review the applicant's r6sum6, and determine whether to
appoint him to fill the unexpired term ending in January 2019, and for the next term which expires in January
2023 for the "Local Agriculture Industry" representative to the Economic Development Council.
ATTACHMENTS
Application
Resume
F:\Attorncy\Christina\COMMITTEES\General Matters\BCC Agenda Memos\EDC -Memo etc\180925 -Committee Appointment (EDC) - J Renick doex 207
Name: Geraid W. Renick
INDIAN RIVER COUNTY APPLICATION
FOR COMMITTEE APPOINTMENT
Date: 09/24/18
Full Name: Gerald W. Renick Email Address: ecotoneservices@gmail.co
Street Address (No P.O. Boxes): 13945 89th Street Fellsmere, FL 32948
Home Phone: Work Phone: Cell Phone: 72-453-3339
How long have you been a resident of Indian River County? 4 years
Are you a full or part time resident? Check one: Full Time❑✓ Part Time[--]
Please list current employer or business. If retired, please list any business experience that may be
applicable to the committee.
Ecotone Farm, a small local farm that produces hydroponic lettuce, leafy greens, and other
vegetables for local restaurants, country clubs, and markets. We are also a venue for
agritourism events including farm to table dinners.
Please list any licenses you presently hold:
Certified Environmental Professional (#09050433), Academy of Board Certified Environmental
Professionals;
Certified Arborist (#FL0427A), International Society of Arboriculture;
Commercial Pesticide Applicator (#CM 15121), Florida Department of Agriculture & Consumer
Please list any organization of which you are currently a member:
Academy of Board Certified Environmental Professionals (ABCEP)
Palm Beach County Planning Congress
Please list any other committees or boards you currently sit on:
Palm Beach County Planning Congress, Board of Directors (2017 -current)
Academy of Board Certified Environmental Professionals (ABCEP), Certification Review Board
(2013 -current)
ABCEP Mentoring Program (2018 -current)
Continued on next page
208
Place a check mark next to the committee(s) you would like to serve on:
AFFORDABLE HOUSING ADVISORY COMMITTEE
AGRICULTURE ADVISORY COMMITTEE
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
CHILDREN'S SERVICES ADVISORY COMMITTEE
CODE ENFORCEMENT BOARD
U
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE
❑
ECONOMIC DEVELOPMENT COUNCIL
ENVIRONMENTAL CONTROL HEARING BOARD
R1
MPO BICYCLE ADVISORY COMMITTEE
MPO CITIZEN ADVISORY COMMITTEE
PLANNING & ZONING COMMISSION
SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE
❑
TOURIST DEVELOPMENT COUNCIL
TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY
VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY
WITHIN INDIAN RIVER COUNTY
Please print and return the completed application, along with a current resume to the Board of
County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334.
Please note: All applications are kept on file for 6 months.
Print
209
EDUCATION
2012-2017 University of Florida Indian River Research & Education Center, FL
Master of Science in Environmental Horticulture May 2017
1980-1984 Washington College Chestertown, MD
Bachelor of Science in Biology May 1984
PROFESSIONAL EXPERIENCE
Principal Environmental Scientist, Ecotone Services February 2018 — Present
Fellsmere, FL
Ecological consulting for wetland, listed species, tree inventory and environmental permitting services.
Wetland and habitat restoration activities including exotic vegetation removal, native plantings,
maintenance and monitoring.
Manage private and public clients, negotiate contracts, and manage staff for completion of work.
Environmental Services Manager, Wantman Group August 2014 — February 2018
West Palm Beach, FL
Staff management for ecological services including wetland, listed species, tree inventory and
environmental permitting.
Contractual work preparation and negotiation.
Market environmental services to public and private clients.
Principal of Environmental Services Division, Land Design South February 2000 — August 2014
West Palm Beach, FL
Staff management for wetland, listed species, tree inventory and permitting environmental services.
Contractual work preparation and negotiation.
Market environmental services to public and private clients.
. Prepare firm annual budget.
Vice President, Environmental Design South January 2001— August 2014
West Palm Beach, FL
Staff management for wetland and habitat restoration activities.
Contractual work preparation and negotiation.
Market environmental services to public and private clients.
Prepare firm annual budget.
PROJECT EXPERIENCE
Principal Environmental Scientist February 2018 — Current Parkland, FL
Parkland Royale
Managed staff for field surveys and environmental permitting.
Prepared on-site and off-site mitigation plans.
210
Principal Environmental Scientist February 2018 — Current Stuart, FL
Cove Royale
Performed wetland delineation, listed species survey, managed staff for GPS tree inventory, and
environmental permitting.
Principal Environmental Scientist April 2018 — July 2018 Jensen Beach, FL
Beacon 21 Phase IV
Performed wetland delineation, listed species survey, managed staff for GPS tree inventory, and
performed a Phase I Environmental Site Assessment report.
Coordinated with client and government agencies as part of a due diligence environmental review.
Principal Environmental Scientist August 2018 — current Hutchinson Island, FL
Galleon On The River
Performed seagrass survey for future 12 slip boat dock facility. Evaluated mangrove forest for future
boardwalk location and construction.
Organized and attend pre -application meetings with U. S. Army Corps of Engineers and South Florida
Water Management District for project due diligence and feasibility assessment.
Principal Environmental Scientist January 2016 — Current Fellsmere, FL
Trailhead Preserve
Performed monthly maintenance events for the control of exotic and nuisance plant species management.
Coordinated with City of Fellsmere for status of project management and status of E & N plant species
control.
PROFESSIONAL CERTIFICATIONS
Certified Environmental Professional, Academy of Board Certified Environmental Professionals,
#09050433
Professional Wetland Scientist, Society of Wetland Scientist, #1831
Certified Arborist, International Society of Arboriculture, #1427A
Commercial Pesticide Applicator, Florida Department of Agriculture & Consumer Services, #CM 15121
Certified SCUBA Diver, NAUI, #4302
LEADERSHIP
Board of Directors, Palm Beach County Planning Congress, 2017 -current
Mentorship Program, Academy of Board Certified Environmental Professionals, May 2018 -current
Certification Review Board, Academy of Board Certified Environmental Professionals, 2013 -current
Executive Committee Member, Florida Urban Forestry Council, 2009-2016
Board of Directors, Florida Chapter International Society of Arboriculture, 2012-2013
211
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
13 e
Ofce of County Attorney 1011612018
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal, Deputy County Attorney tz,/J
DATE: October 11, 2018
ATTORNEY -
SUBJECT: Real Estate Exchange Agreement between Paradise Central Corporation and Indian
River County for Right -of -Way Acquisition for the SR 60/431d Avenue Project
In June 2015, the County and the Florida Department of Transportation (FDOT) entered into a
County Incentive Grant Program Locally Funded Agreement (Incentive Agreement) whereby FDOT
would acquire the needed right-of-way for the SR 60/431d Avenue intersection improvements with the
cost of acquisition to be split equally between the parties.
Paradise Central Corporation (Paradise) is the owner of the property that comprises the BP (former
Mobil) gas station and convenience store on the southwest corner of State Road 60 and 43rd Avenue.
Paradise is a locally owned corporation and has a long term lease on the property with a company
out of Hialeah, FL. The Hialeah company in turn leases the gas pumps and convenience store to a
local family that runs the store and station. Thus, three separate entities are making a profit from
the one parcel of property. Construction plans for the SR 60/43rd Avenue expansion show right-of-
way needed from Paradise on both SR 60 and 43rd Avenue.
FDOT and Paradise have reached a Purchase Agreement (Exhibit A of the Real Estate Exchange
attached to this memorandum) whereby Paradise will convey the needed right-of-way to FDOT and
FDOT will pay the cost to relocate Paradise's underground gas tanks to the south side of their
property and partially on the former Lennie's Lounge remainder. As part of that agreement, the
County is to convey the Lennie's Lounge remainder parcel to Paradise. In 2008, the County
purchased the former Lennie's Lounge located at 1959 43rd Avenue. The building has since been
demolished and the 43rd Avenue right-of-way has been cut out of the parcel. Pursuant to FS 125.37,
a County may exchange parcels of real estate with a private entity without public bidding or
appraisals so long as the exchange is advertised twice in the local newspaper and the county has
deemed the property to be surplus and no longer needed for county purposes. The exchange has
been advertised in the Indian River Press Journal and the attached resolution recites the other
requirements.
FUNDING. The County's 50% share ($1,356,680 x 50% = $678,340) of the right-of-way acquisition
is budgeted and available in the Traffic Impact Fee/Right-of-Way/43rd AVE 18th Street to 26th Street,
account number 10215241-066120-06041.
212
Exchange Agreement, SR 60/431 Avenue
October 11, 2018
Page 2
RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Real
Estate Exchange Agreement between Paradise Central Corporation and Indian River County for the
needed Right -of -Way for the SR-60/43rd Avenue Project and approve the accompanying Resolution
declaring the former Lennie's Lounge remainder property surplus and authorizing the Chairman to
execute the Exchange. Agreement on behalf of the Board.
Attachments: Real Estate Exchange Agreement between Paradise Central Corporation and Indian
River County with attachments
Resolution Authorizing the Chairman to sign the Exchange Agreement
Copy to: Richard B. Szpyrka, P.E., Public Works Director
William Johnson, P.E., Roadway Production Engineer
Adams Weaver, Attorney for Paradise Central Corporation
'Robin Brisebois, FDOT
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309
213
REAL ESTATE EXCHANGE AGREEMENT
Between
INDIAN RIVER COUNTY AND PARADISE CENTRAL CORPORATION
This Real Estate Exchange Agreement (Exchange) entered into this day of October,
2018 between Indian River County, a political subdivision of the State of Florida ("the County")
1801 27th Street, Vero Beach, Florida 32960; and Paradise Central Corporation, 1570 56,
Square West, Vero Beach, Florida 32966 ("Paradise").
WHEREAS, the County plans widening and improvements to the intersection of State
Road 60 and 43rd Avenue that will require the utilization of part of Paradise's property located
on the southwest corner of State Road 60 and 43`d Avenue, Vero Beach, Florida; and
WHEREAS, the County must acquire 4,140 square feet (0.095) Acres of land to be used
as right-of-way along SR 60 and 43`d Avenue from Paradise; and
WHEREAS, the County owns a parcel of land (former Lennie's Lounge property) that is
6,098 square feet (0.14 acres) that lies adjacent to the Paradise property; and
WHEREAS, in order to mitigate the impacts of the loss of property due to the
intersection expansion, the County has offered to exchange its Lennie's Lounge remainder
property as part of an Agreement for the purchase of the needed Paradise property; and
WHEREAS, this Exchange is a part of that certain Purchase Agreement between
Paradise and the Florida Department of Transportation (FDOT) dated September 20, 2018,
attached as Exhibit A and incorporated herein by reference; and
WHEREAS, the County and Paradise hereby agree to an exchange of portions of their
respective properties; and
WHEREAS, each party is indivisibly seized of their respective parcel of property and
shall convey marketable title to their respective parcel by County or warranty deed free of
claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing;
and
WHEREAS, this Exchange Agreement is subject to final approval by the Indian River
County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an
exchange. is allowed under Section 125.37, Florida Statutes. Notice is required to be published
once a week for two weeks before consideration by the BCC.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants hereinafter, Paradise and the County agree as follows:
1. The above recitals are true and correct and incorporated by reference into this agreement.
214
2. As a part of the Purchase Agreement, the Paradise hereby agrees to convey to FDOT, 4,140
square feet (0.095 acres) of property identified as Parcel 101, depicted on the sketch and
legal description attached and incorporated by reference as Exhibit B. Upon completion of
the construction project, MOT will in turn convey a portion of the right-of-way abutting 43"
Avenue to the County.
3. As a part of the Purchase Agreement, the County agrees to convey to Paradise, 6,098 square
feet (0.14 acres) of property depicted on the legal description attached and incorporated by
reference as Exhibit C.
4. The Parties acknowledge that there is a lease covering Parcel 101 that will be released by
Paradise and the Tenant(s) prior to or on the Closing Date contemplated in the Purchase
Agreement.
.5. The parties agree to complete the Exchange on or before the Closing Date contemplated in
the Purchase Agreement.
6. Each parry shall convey marketable title to their respective parcels by County or warranty
deed free of claims, liens, easements, encumbrances and property taxes prorated for the year
of closing.
7. Each Party shall be responsible for preparation of .its own Closing documents and each party
shall hold any deed in escrow until the Closing Date.
8. FDOT shall pay the following expenses at Closing: The cost of recording the warranty deed
from Paradise and any release or satisfaction(s) obtained by Paradise pursuant to the
Agreement or this Exchange.
9. Paradise shall pay the following expenses at or prior to Closing:
a. Any and all taxes prorated to the Closing date.
b. All costs necessary to cure title defect(s) or encumbrances, other than the permitted
exceptions, and
c. All costs to satisfy or release of record all existing mortgages, liens or encumbrances upon
the Property conveyed to the FDOT.
10. In the event a dispute arises over this agreement, Paradise and County shall each pay their
own attorneys' fees and costs.
11. This Exchange with its attachments and the Purchase Agreement constitute the entire
agreement between the parties with respect to this transaction and supersedes all prior
agreements, written or oral.
12. The Parties agree that as a result of the taking of Paradise's property to be used as right-of-
way for the Project, Paradise's resulting site design will be non -conforming with the
215
County's current Land Development Regulations. The site related non -conformities are
approved through a cure site plan approved by the County pursuant to IRC Code §904.05(5).
The property owner shall be responsible for construction of the improvements shown on the
cure site plan within two years of the roadway work. The legal non -conformities established
by the cure plan consist of parking, drainage, open space, traffic and landscaping related
criteria. A sketch of the Paradise property after the right of way has been taken is attached as
Exhibit "D" and incorporated herein by reference.
IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set
forth above.
Indian River County Board
of County Commissioners
Peter D. O'Bryan, Chairman
Date Signed:
Attest: Jeffrey R. Smith
Clerk to the Board and Comptroller
By:
Deputy Clerk
Approved:
By:
Jason E. Brown
County Administrator
Approved as to form and legal sufficiency:
By: N" - a . —
William K. DeBraal
Deputy County Attorney
216
IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set
forth above.
Paradise Central Corporation
By: 'tom
Dan It. Bryant, President
Witness:
Sign:
PrintIrtfr>h�-
Witness:
STATE OF FLORIDA
COUNTY OF Q�l (,(, A I'VE
Date Signed:
Corporate Seal:
The foregoing instrument was acknowledged before me this &kay of
n eP Lei'' 2018, by Dan R. Bryant, President, Paradise Central Corporation, with the full
approval of its board and who is personally known to me or produced FL !-f Ver' -5
as identification.
NOTARY PUBLIC
LA &A10 -t J41 MR -L12
12
prin ed name:
SEAL: Commission No --
Commission Expiration:
----------
•:ar�6". NANCY H. MOSSALI
` Commission # FF 185404
o Expires March 26, 2019
� ?ea Bonded TMu Troy Fein Neurson 800385.7019
217
STATF OF FLORIOA DEPARTMENTOF TRANSPORTAF ION
PURCHASE AGREEMENT 575430aor
RIG..P OF WAY
OGC— 1011;
Page I of 4
ITEM SEGMENT NO.: 4317591,
DISTRICT: 4
FEDERAL PROJECT NO.: NiA
STATE ROAD NO.: 60 (20" Street)
COUNTY. Indian River
PARCEL NO.: 101
Seller: Paradise Central Corporation, a Florida corporation
Buyer: State of Florida, Department of Transportation
Buyer and Seller hereby agree that Seller shall sell and Buyer shall buy the following described property pursuant to the
following terms and conditions:
Description of Property Containing 4,140 square feet. See Exhibit "A", attached hereto and made a part hereof.
(a) Estate Being Purchased: IZ Fee Simple ❑ Permanent Easement ❑ Temporary Easement ❑ Leasehold
(b) Real Property Described As: Containing 4,140 square feet. See Exhibit "A", attached hereto and made a part
hereof.
(c) Personal Property: Ni one
(d) Outdoor Advertising Structure(s) Permit Number(s): None
Buildings, Structures, Fixtures and Other improvements Owned by Others: None
These items are NOT included in this agreement. A separate offer is being, or has been, made for these Items.
If. PURCHASE PRICE
(a) Real Property
Land
$ 62,100.00
Improvements
2.
$ 111.500.00
Real Estate Damages
3.
S 446 8988 826.400.00
(Severance/Cost-to-Cure)
Total Real Property
4.
$1.3888680-00 1,000.000.00
(b) Total Personal Property
S.
$ 0.00
(c) Fees and Costs
Attorney Fees
6.
$ 8.A8 190.000.00
Appraiser Fees
7.
$ 0.00 12.750.00
NIA
NIA
Engineer Fee(s) 8. $ 04G 153.930.00
Total- Fees and Costs 9. $ 040 356 680.00
(d) Total Business Damages 10.$0.00
(e) Total of Other Costs 11.$0.00
List: NIA
NIA
Total Purchase Price (Add Lines 4, 5, 9, 10 and 11) $1x388400,40 1,356,680.00
Total Global Settlement Amount
(f) - Portion of Total Purchase Price or Global Settlement $ 1-,386f8G 1,356,680.00
Amount to be paid to Seiler by Buyer at Closing
(g) Portion of Total Purchase Price or Global Settlement $ 0.00
Amount to be paid to Seller by Buyer upon surrender
of possession
218
J
5�-osaor
RIGMT OF WAY
UI. Conditions and Limitations Page 2 Of a
(a) Seller is responsible for all taxes due on the property up to, but not including, the day of closing.
(b) Seller is responsible for delivering marketable title to Buyer. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar in accordance with Florida Law subject only to those
exceptions that are acceptable to Buyer. Seiler shall be liable for any encumbrances not disclosed in the public
records or arising after closing as a result of actions of the Seller.
(c) Selier.shall maintain the property described in Section I of this agreement until the day of closing. The property
shall be maintained in the same condition existing on the date of this agreement, except for reasonable wear and
tear.
(d) Any occupancy of the property described in Section I of this agreement by Seller extending beyond the day of
closing must be pursuant to a lease from Buyer to Seller.
(e) The property described in Section I of this agreement is being acquired by Buyer for transportation purposes under
threat of condemnation pursuant to Section 337:25 Florida Statutes.
(f) Pursuant to Rule 14-10.004, Florida Administrative Code, Seller shall deliver completed Outdoor Advertising
Permit Cancellation Form(s), Form Number 575470-12, executed by the outdoor advertising permit holder(s) for
any outdoor advertising structure(s) described in Section I of this agreement and shall surrender, or account for,
the outdoor advertising permit tag(s) at closing.
(g) Seller agrees that the real property described in Section I of this agreement shall be conveyed to Buyer by
conveyance Instruments) acceptable to Buyer.
(h) Seller and buyer agree that this agreement represents the full and final agreement for the herein described sale
and purchase and no other agreements or representations, unless incorporated into this agreement, shall be
binding on the parties.
(i) Other: Buyer and Seller agree that all fees and costs or business damage claims associated with this agreement
are identified in Section 11 of this agreement.
IV. Closing Date
The closing will occur no later than 60 days after Final Agency Acceptance.
V. Typewritten or Handwritten Provisions
Any typewritten or handwritten provisions inserted into or attached to this agreement as addenda must be initialed
by both.Seller and Buyer.
® There is an addendum to this agreement. Page 4 is made a part of this agreement.
❑ There is not an addendum to this agreement.
219
S„-07
R1G1 tT AF :NAY
OGC— t me
Pagc 3 of a
VI. Seller and Buyer hereby acknowledge and agree that their signatures as Seller and Buyer below constitute their
acceptance of this agreement as a binding real estate contract.
It is mutually acknowledged that this Purchase Agreement is subject to Final Agency Acceptance by Buyer
pursuant to Section 119.0711, Florida Statutes. A closing shall not be conducted prior to 30 days from the date
this agreement is signed by Seller and Buyer to allow public review of the transaction. Final Agency Acceptance
shall not be withheld by Buyer absent evidence of fraud, coercion, or undue influence involving this agreement.
Finat Agency Acceptance shall be evidenced by the signature of Buyer in Section Vit of this agreement.
Buyer
Signature 9 a Date State of on De rtme t Transportation
/ - 9 BY: a
Type or Print Name S' re Date
J sh M' r De R/W M n r- roducion
Signature Date Ityperor Print Name and Title
Type or Print Name
Vll. FINAL AGENCY ACCEPTANCE
The Buyer has granted Final Agency Acceptance this _day of
BY.. Susan Da.District RM Manager District RM Manager
Signature Type or Print Name and Title
Legal Review.
Shenika L. Harris, L. Harris.Esa.. Senior Attorney, District FourSenior Attorney. District Four
Type or Print Name and Title
67
Date
220
Item/Segment No. 4317591
Section 88060-2526
04-15-16
EXHIBIT "A"' olpl_�
Fee Simple Right of Way
Parcel No. 101 State Road 60 Indian River County Description
A portion of Tract 9, INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat
Book 2, Page 25 of the Public Records of St. Lucie County, Florida and a portion of Lot 26,
PINEWOOD SUBDIVISION, as recorded in Plat Book 2, Page 89 of the Public Records of Indian
River County, Florida, lying in Section 4, Township 33 South, Range 39 East, as shown on Sheets 3
and 8 of the Florida Department of Transportation Right of Way Map for hem/Segment No. 4317591,
Section 88060-2526, being more particularly described as follows:
Commence at a PK nail, found marking the East One -Quarter (E 114) Comer of Section 4, also being
a point on the Baseline of Survey of County Road 611 (43rd Avenue); thence North 00000'25" East
along the East line of said Section 4 and said Baseline of Survey of County Road 611 (43rd Avenue),
a distance of 30.00 feet to a point on the Baseline of Survey of State Road 60 (20th Street); thence
North 89'19'17" West along said Baseline of Survey of State Road 60 (20th Street), a distance of
319.24 feet; thence South 00040'43" West along a line at a right angle to the previously described
course, a distance of 80.00 feet to the intersection of the Southerly Existing Right of Way line of said
State Road 60 (20th Street) and the Easterly Existing Right of Way line of 44th Avenue and the
POINT OF BEGINNING; thence South 89'19'1T' East along said Southerly Existing Right of Way line
of State Road 60 (20th Street), a distance of 246.17 feet; thence South 0000101' West, a distance of
77.63 feet; thence North 89'19'17" West, a distance of 7.01 feet; thence North 00001'01" East, a
distance of 26.35 feet; thence North 44'45'01' West, a distance of 56.80 feet; thence North 89031'04"
West, a distance of 199.15 feet to a point on said Easterly Existing Right of Way line of 44th Avenue;
thence North 00'01'01" East along said Easterly Existing Right of Way line, a distance of 12.10 feet to
the POINT OF BEGINNING.
Containing 4,140 square feet, more or less.
221
FM: 4317591
PARCEL: 101
ADDENDUM TO PURCHASE AGREEMENT
PAGE f OF 2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO PURCHASE AGREEMENT
This Addendum to Purchase Agreement (Addendum) is made and entered into by and netween Paradise
Central Corporation, as 'Seller" and the State of Florida Department of Transportation as "Buyer", for the
acquisition of the real property identified as Parcel 101 and more particularly described in Exhibit °A" of the
Agreement to which this Addendum is attached ("the Property").
For good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties hereto agree to the following terms and conditions:
1) Adjacent Indian River County (County) property known as the 'Lennie's Remainder" will be
conveyed to Paradise Central Corporation by County Deed. If the County fails to convey Lennie's
Remainder, either party to this agreement, prior to closing, may void this agreement.
2) Business damage claims previously submitted by Paradise Central Corporation and MacMillan
Holdings, Inc. will be released/waived as a result of the settlement_ Said Release from MacMillan
Holdings, Inc. will be presented at the closing, or before.
3) Seller agrees to accomplish the following Dricir to the real estate closing:
a. Within 45 calendar days from the date of execution by Seller of the Purchase Agreement
and this Addendum ("Removal Deadline"), Seller will remove the following items from the
Parcel, (hereinafter referred to as the "work"):
i. One (1) lighted on -premise sign;
ii. Three (3) outside parking lot lights and poles;
iii. Fuel tank vent pipes and associated lines, and
iv. Any other incidental items connected with the on -premise sign, outside lighting and
the fuel tank vent pipes, leaving the Parcel clear of all related above and below -
ground improvements.
b. Within 15 calendar days from the date of execution by Seller of the Purchase Agreement
and this Addendum ("Permit Application Deadline"), Seller will apply for appropriate
permit(s) necessary to accomplish the work in order to meet the Removal Deadline.
L Seller shall add a note to the permit application(s) stating that the applications) shall
be immediately assignable to Buyer upon notification of such to the permitting
agencies by Buyer.
ii. Seller shall provide Buyer with a copy of the permit application(s), including all
supporting documents, within five (5) business days of date of application. Similarly,
Seller shall provide copies to Buyer of any additional documents requested by and
submitted to the permitting agencies within five (5) business days of request and
submittal.
4) If Seller does not apply for the permit(s) necessary to accomplish the work by the Permit Application
Deadline (15 calendar days from the date of execution by Seller of the Purchase Agreement and
this Addendum) or accomplishes the work by the Removal Deadline (45 calendar days from the
date of execution by Setter of the Purchase Agreement and this Addendum):
a. Seller herein authorizes Buyer and/or its duly authorized representative(s) to act as Seller's
representative in Seller's stead, enabling Buyer to submit initial applicatioh(s) for or continue
Seller's efforts to obtain permit(s) from the permitting agencies necessary to accomplish the
work.
222
FM: 4317581
PARCEL: 101
ADDENDUM TO PURCHASE AGREEMENT
PACE 2OF2
b. Seller herein grants Buyer and/or its duly authorized representative(s) the rightto enter
upon Seller's remaining property for the purpose of accomplishing the work and performing
any other activities that are reasonable and necessary in furtherance of completing the
work.
5) Seller'and Buyer agree to cooperate as necessary to ensure the work is accomplished. Therefore;
Seller agrees to sign thepermit application(s) and other documentation, if necessary, to grant
approval for Buyer to accomplish the work.
8) Upon completion of the work, Seller shall provide Buyer with written notice (via e-mail or letter) of
completion and sign off by the permitting agency.
7) Ail work, whether performed by Seller or Buyer, shall be done in a quality manner, in accordance
with ail applicable codes. Both the Parcel and Seller's remaining property shall be restored to a
safe and sanitary condition upon work completion.
8) Seller indemnifies and holds Buyer harmless from any and all injury or damage resulting from the
performance of the work by Seller and/or Seller's duly authorized representative(s).
9) The terms of this addendum shall survive the closing.
Seller:
Paradise Central Corporation
Dan R. Bryant, President
Printed Name and Title
Buyer:
State of Florida Department of Transportation
ouc
Date
RNV Manager -Production
Approved as to form by:
Dawn Raduano Date
Assistant General Counsel
223
[E TXFH I B I T
Item/Segment No. 4317591
Section 88060-2526
04-15-16
Fee Simple Right of Way
Parcel No. 101 State Road 60 Indian River County Description
A portion of Tract 9, INDIAN RIVER FARMS CO., according to the plat thereof, as recorded in Plat
Book 2, Page 25 of the Public Records of St. Lucie County, Florida and a portion of Lot 26,
PINEWOOD SUBDIVISION, as recorded in Plat Book 2, Page 89 of the Public- Records of Indian
River County, Florida, lying In Section 4, Township 33 South, Range 39 East, as shown on Sheets 3
and 8 of the Florida Department of Transportation Right of Way Map for item/Segment No. 4317591,
Section 88060-2526, being more particularly described as follows:
Commence at a PK nail, found marking the East One -Quarter (E 1/4) Comer of Section 4, also being
a point on the Baseline of Survey of County Road 611 (43rd Avenue); thence North 00°00125" East
along the East line of said Section 4 and said Baseline of Survey of County Road 611 (43rd Avenue),
a distance of 30.00 feet to a point on the Baseline of Survey of State Road 60 (20th Street); thence
North 8919'17° West along said Baseline of Survey of State Road 60 (20th Street), a distance of
319.24 feet; thence South 00°40'43° West along a _line at a right angle to the previously described
course, a distance of 80.00 feet to the intersection of the Southerly Existing Right of Way line of said
State Road 60 (201h Street) and the Easterly Existing Right of Way line of 44th Avenue and the
POINT OF BEGINNING; thence South 89'19'17' East along said Southerly Existing Right of Way line
of State Road 60 (20th Street), a distance of 246.17 feet; thence South 00001'01' West, a distance of
77.63 feet; thence North 89'1917" West, a distance of 7.01 feet; thence North 00°01'01' East, a
distance of 26.35 feet; thence North 44'45'01' West, a distance of 56.80 feet; thence North 89031'04"
West, a distance of 199.15 feet to a point on said Easterly Existing Right of Way line of 446 Avenue;
thence North 00°01'01" East along said Easterly Existing Right of Way line, a distance of 12.10 feet to
the POINT OF BEGINNING.
Containing 4,140 square feet, more or less.
224
CUNNINGHAM & DURRANCE
EPConsulting Engineers, Inc.
400 Executive Center Drive, Suite 108
West Palm Beach, Fl. 33401
Telephone (561) 689-5455 Fax (561) 640-7815
E-mail CDCONENG@AOL.COM
EXHIBIT "C"
Legal Description of Lands to be Conveyed
by Indian River County to Paradise Central Corp.
A Parcel of Land lying in Section 4, Township 33 South, Range 39 East, being a Portion
of Lot 26 of the Plat of Pinewood Subdivision, according to the Plat thereof, as recorded
in Plat Book 2, Page 89 of the Public Records of Indian River County, Florida, together
with a portion of Tract 9, Indian River Farms Co., according to the Plat thereof as
recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Fl., being
more particularly described as follows:
Commencing at the Southeast Corner of Lot 25, Pinewood Subdivision, according to the
Plat thereof, As Recorded in Plat Book 2, Page 89, of the Public .Records of Indian River
County, Florida; Thence Northerly along the East line of said lot 25, North 00'0 1' 01"
East, (Basis of Bearings is the North Line of the SE'/4 of Section 4, Township 33 South,
Range 39 East, said line bears North 89 ° 19' 17" West as shown on the right of way map
for State Road 60 (20th Street) Prepared by the Florida Department of Transportation,
Section 88060-2526, last revised 4/27/2016) a distance of 30.48 feet to the Point of
Beginning; From said Point of Beginning continue North 00'01' 01" East on the East
line of said lot 25 a distance of 44.52 feet to the Northeast corner of said lot 25; Thence
North 89° 19' 17" West on the North line of said Lot 25, a distance of 95.0 feet to the
Southwest corner of lot 26 of said Pinewood Subdivision; thence North 00'0 1' 01" East
along the West line of said lot 26 a distance of 5.64 feet, to the South 1 ine of land as
conveyed from Warner S. Olds and Carol J. Olds to Paradise Central Corporation, a
Florida Corporation, as recorded on July 26, 1994 in Official Records Book 1028, page
1 175 of the Public Records of Indian River County, Florida; Thence along said South
Line South 89° 56' 11" East, a distance of 160.98 feet to the corner of lands conveyed to
Indian River County per Official Records Book 2254, page 2213 of the Public Records of
Indian River County, Florida; Thence North 00'01' 01" East, parallel with the East Line
of the Southeast '/4 of said Section 4, a distance of 24.14 feet; Thence South 890 19' 17"
East, a distance of 2.99 feet to a point on the right of way as described as Parcel 101, Item
/ Segment No. 4317591, Section 88060-2526, dated 04-15-16, for State Road 60, Indian
River County, Florida, said Parcel being Exhibit "A" and "B", Said point also being on
the North line of lands conveyed to the Florida Department of Transportation by the
Board of Commissioners of Indian River County, Florida, according to Resolution No.
2017-126, as recorded in Official Records Book 3083, Page 1212 of the Public Records
of Indian River County, Florida; Thence along the west right of way line of 43 d Avenue
(County Road 611), per said Official Record Book 3083, Page .1212, for the next 3
courses, South 00'01' 01" West, parallel with the East Line of the Southeast'/4 of said
Section 4; a distance of 33.21 feet, thence along said right of way line South 23°43' 57"
East, a distance of 27.31 feet; Thence along said right of way line South 00° 01' 01"
West, parallel with the East Line of the Southeast '/ of said Section 4, a distance of 48.04
feet to the North Line of Said Lot I per said Plat Book 2, Page 89; thence North 89'35'
225
CUNNINGHAM & DURRANCE
EPConsulting Engineers, Inc.
400 .Executive Center Drive, Suite 108
West Palm Beach, F1.33401
Telephone (561) 689-5455 Fax (561) 640-7815
E-mail CDCONENG@AOL.COM
48" West, along the North Line of Said Lot 1 of said Plat of Pinewood Subdivision, a
distance of 52.33 feet to a point on the East line of lands as described in the Warranty
Deed as Recorded in Official Records Book 287, Page 304 of the Public Records of
Indian River County, Florida; thence North 00'01' 01" East, along said West line, a
distance of 30.48 feet; thence North 89° 19' 17" West, along the North line of lands
conveyed per said Official Records Book 287, Page 304, a distance of 27.67 feet to the
Point of Beginning.
Said Parcel contains 6,128 square feet, more or less, subject to an ingress egress easement
per Official Records Book 287, Page 305 of the Public Records of .Indian River County,
Florida.
Surveyor's certification:
Cunningham & Durrance
Consulting Engineers, Inc.
Florida Registration I..B.No.4502
400 Executive Center Drive, Suite 108
West Palm Beach, FL. 33401
(561) 689-5455
Stuart H. Cunningham, PSM
Florida Registration No. 3896
Professions urveyor & Mapper, license No. 3896
2018.10.02 09:09:33 --4
Date:
This item has been electronically signed and sealed by Stuart H. Cunningham, PSM on 10-2-2018 using a SHA- I authentication code.
Printed copies of this document are not considered signed and sealed and the SHA -1 authentication code must be verified.
2
226
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CUNNINGHAM & DURRANCE
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FLORIDA REGISTRATION L.B. No. 4502
400 EXECUTIVE CENTER DRIVE SUITE 108
WEST PALM BEACH, FL. 33401
PHONE (561) 689-5455
STUART H. CUNNINGHAM, PSM
FLORIDA REGISTRATION No. 3896
Professional Surveyor & Mapper, License No. 3896
2018.10.02 09:08:23 --4
DATE:
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CUNNINGHAM & DURRANCE
CONSULTING ENGINEERS, INC.
FLORIDA REGISTRATION L.B. No. 4502
400 EXECUTIVE CENTER DRIVE SUITE 108
WEST PALM BEACH, FL. 33401
PHONE (561) 689-5455
STUART H. CUNNINGHAM, PSM
FLORIDA REGISTRATION No. 3896
Professional Surveyor & Mapper, License No. 3896
2018.10.02 09:08:23 --4
DATE:
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1. SKETCH TO ACCOMPANY DESCRIPTION.
2. THIS SKETCH IS NOT A SURVEY.
3. BASIS OF BEARINGS IS THE NORTH LINE OF THE SE j OF
SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, SAID LINE
BEARS NORTH 89'19'17" WEST AS SHOWN ON THE RIGHT OF WAY
MAP FOR STATE ROAD 60 (20TH STREET) PREPARED BY THE
FLORIDA DEPARTMENT OF TRANSPORTATION, SECTION
88060-2526, LAST REVISED 4/27/2016.
4. SOUTH LINE OF PARCEL 101, ITEM/SEGMENT NO. 4317591. SECTION
88060-2526, DATED 04-15-16, FOR STATE ROAD 60, INDIAN RIVE
COUNTY, FLORIDA, SAID PARCEL BEING EXHIBIT "A" AND "B", SAID
POINT ALSO BEING ON THE NORTH LINE OF LANDS CONVEYED TO
THE FLORIDA DEPARTMENT OF TRANSPORTATION BY THE BOARD OF
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACORDING TO
RESOLUTION NO 2017-126, AS RECORDED IN OFFICIAL RECORDS
BOOK 3083, PAGE 1212 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
5. THE DOCUMENT IS NEITHER FULL NOR
COMPLETE WITHOUT THE DESCRIPTION.
This Item has been electronically signed and sealed by Stuart H. Cunningham, PSM on
10-1-2018 using a SHA -1 authentication code.
Printed copies of this document are not considered signed and sealed and the SHA -1
authentication code must be verified on any electronic copies.
CUNNINGHAM & DURRANCE EXHIBIT C CLIENT:ADAMS WEAVER, JONES FOSTER,
CONSULTING ENGINEERS INC. LANDS TO BE CONVEYED JOHNSTON & STUBBS, P.A.
400 EXECUTIVE CTR. DR., # 108 BY INDIAN RIVER COUNTY PROJECT:
WEST PALM BEACH, FLORIDA FDOT VS PARADISE CENTRAL
PHONE (561) 689-5455 TO PARADISE CENTRAL CORP
FAX (561) 640-7815 INDIAN RIVER COUNTY, FLORIDA 10/01/18 NTSSCALE 08-027 1 of 2
227
GRAPHIC SCALE
30 0 15 30
1 inch = 30 ft.
N89* 19'1 7"W
N89'19'17"W (BASIS OF BEARINGS -�-' 73.43'
NORTH LINE OF THE SE 1/4 OF SEC. 4, TWP 33S, RGE 39E ba
V,
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0 3 TO PARADISE CENTRAL CORPORATION
Z I PER ORB 1028, PG 1175
S89°56' 11 "E
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SW CORNER NORTH LINE EAST LINE—
LOT 26 LOT 25 LOT 25
WARRANTY DEED
ORB 287, PG 304
PINEWOOD SUBDIVISION
LOT 25 POB
PB 2, PG 89
PARCEL 101 E 1/4 COR SEC. 4
STA: 2642+93.27 17.50' RT.
STA:126+87.93 (CR 611)
201,712.291 (RWM)
E:840,649.182 (RWM)
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(CORNER OF LANDS CONVEYED
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I PER ORB 2254, PG 2213
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LOT 25
AREA
W N t 6,128 SF
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CUNNINGHAM & DURRANCE EXHIBIT C
CUENT:ADAMS WEAVER, JONES FOSTER,
CONSULTING ENGINEERS INC. LANDS TO BE CONVEYED JOHNSTON & STUBBS, P.A.
400 EXECUTIVE CTR. DR., # 108 BY INDIAN RIVER COUNTY PROJECT:
WEST PALM BEACH, FLORIDA FDOT VS PARADISE CENTRAL
PHONE (561) 689-5455 TO PARADISE CENTRAL CORP DATE: SCALE:BEJOB No. PAGE:
FAX (561) 640-7815 INDIAN RIVER COUNTY, FLORIDA 10 01 1$ 1"=40' 08-027 2 OF 2
228
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CUNNINGHAM & DURRANCE EXHIBIT C
CUENT:ADAMS WEAVER, JONES FOSTER,
CONSULTING ENGINEERS INC. LANDS TO BE CONVEYED JOHNSTON & STUBBS, P.A.
400 EXECUTIVE CTR. DR., # 108 BY INDIAN RIVER COUNTY PROJECT:
WEST PALM BEACH, FLORIDA FDOT VS PARADISE CENTRAL
PHONE (561) 689-5455 TO PARADISE CENTRAL CORP DATE: SCALE:BEJOB No. PAGE:
FAX (561) 640-7815 INDIAN RIVER COUNTY, FLORIDA 10 01 1$ 1"=40' 08-027 2 OF 2
228
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AREA OF PARENT TRACT - 24,525 SF
AREA OF TAKE (101) 0 SF
4,14
AREA OF REMAINDER •. 20,365 SF
Exhibit
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21
RESOLUTION NO. 2018-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING AN EXCHANGE OF LAND
BETWEEN INDIAN RIVER COUNTY AND PARADISE
CENTRAL CORPORATION
WHEREAS, Paradise Central Corporation (Paradise), a 'Florida corporation, is
the owner of real property located on the southwest corner of State Road 60 and 43rd
Avenue, Vero Beach, Indian River County; and
WHEREAS, Indian River County (County), a political subdivision of the State of
Florida, is the owner of real property on 431d Avenue that abuts the Paradise parcel; and
WHEREAS, it is the opinion of the Board of County Commissioners that the
County owned parcel is not needed for county purposes; and
WHEREAS, it is in the best interest of the County that such property be
exchanged for other real property, which the County desires to acquire for state and
county purposes; and
WHEREAS, the County plans future widening and improvements to State Road
60 and 431d Avenue that will require the utilization of parts of the Paradise parcel; and
WHEREAS, the terms and conditions of the proposed exchange were noticed in
the newspaper once a week for two weeks pursuant to Florida Statute 125.37,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Exchange
Agreement between Indian River County, Florida, and Paradise Central Corporation is
approved and the Chairman is authorized to execute the Agreement and any deed or
document necessary to effectuate the exchange.
1
230
RESOLUTION NO. 2018 -
The resolution was moved for adoption by Commissioner
and the. motion was seconded by Commissioner , and, upon
being put to a vote, the vote was as follows:
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Susan Adams, Commissioner
Joseph E. Flescher, Commissioner
Tim Zorc, Commissioner
The Chairman thereupon declared the resolution duly passed and adopted this
16th day of October, 2018.
ATTEST:
Jeffrey R. Smith, Clerk of the
Circuit Court and Comptroller
Deputy Clerk
Approved as to form
And legal sufficiency:
By: W", 4�v
William K. DeBraal
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AN
Peter D. O'Bryan, Chairman
BCC approved:
2
231
Treasure Coast Newspapers I TCPALM
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Gomer Ad Number Coovline PO #
461741- INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2127137 PROPERTY EXCHANGE
Pub Dates
October 8, 2018
October 15, 2018
Sworn to and subscribed before me this day of, October 15, 2018, by
who is
Natalie Zoll1r
(X) personally known to me or
( ) who has produced as identification.
W li f q qn�w
Karol Kangas Notary Public
y re"•,. KAROLEKANGAS
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NOTICE OF PROPOSED
EXCHANGE OF REAL
PROPERTY
The Board of County Commis-
sioners of Indian River Coun-
ty, Florida ("County"), hereby
provides notice of a proposed
realproperty exchange with
Paradise Central Corporation
("Paradise"). The terms and
conditions of the exchange
agreement are as follows:
1.County, working jointly
with Florida Department of
Transportation ("FDOT"), plan
widening and improvements
to the intersection of State
Road 60 and 43rd Avenue, Vero
Beach, Florida that will require
utilization of part of Paradise's
property located on the south-
west corner of State Road 60
and 43rd Avenue.
2. Through a Purchase Agree-
ment between FDOT and Para-
dise, Paradise agrees to con-
vey to FDOT 4,140 square feet
(0.095 acres) of its property;
and upon completion of the
widening project, FDOT will
in turn convey a portion of
the right-of-way abutting 43rd
Avenue to County.
3. County agrees to convey
to Paradise 6,098 square feet
(0.14 acres) of its property
that lies adjacent to the Par-
adise property, which was
the former Lennie's Lounge
remainder property from a
prior right-of-way purchase.
4. The parties acknowledge
that there is a lease covering
the Paradiseproperty that wig
be released by Paradise and
the tenant prior to or on the
closing date contemplated in
the Purchase Agreement.
5. The parties agree to com-
plete the exchange on or
before the closing date con-
templated in the Purchase
Agreement.
6. Each party shall con-
vey marketable title to their
respective parcels by County
Deed or Warranty Deed free
of claims, liens, easements,
encumbrances and property
taxes prorated for the year of
closing.
7. Each party shall be respon-
sible for preparation of its own
closing documents and each
party shall hold any deed in
escrow until the closing date.
8. FDOT shall pay the cost of
recording the Warranty Deed
from Paradise and any release
or satisfaction(s) obtained
by Paradise pursuant to the
Purchase Agreement or the
Exchange Agreement.
9. Paradise shall pay any
and all taxes prorated to the
closing date; all costs nec-
essary to cure title defect(s)
or encumbrances, other than
the permitted exceptions; and
all costs to satisfy or release
of record all existing mort-
gages, liens or encumbrances
upon the property conveyed
to FDOT.
10. In the event a dispute aris-
es over the Exchange Agree-
ment, Paradise and County
shall each pay their own attor-
neys' fees and costs.
11. The Exchange Agreement
and the Purchase Agreement
constitute the entire agree-
ment between the parties
with respect to the proposed
transaction and supersedes
all prior agreements, written
or oral.
12. The parties agree that as
a result of Paradise's proper-
ty being used as right-of-way
for road widening, Paradise's
resulting sitedesign will be
non -conforming with the
County's current land devel-
opment regulations. The site
related non -conformities are
approved through a cure site
plan approved by the County
pursuant to Indian River Coun-
responsible for construction
of the improvements shown
on the cure site ,plan with-
in two years of _the roadway
work. The legal"non-confor-
mities established"by the cure
plan consist of parking drain-
age, open space, traffic and
landscaping related criteria.
The real property exchange
will be considered by the
Board of County Commission-
ers of Indian River County on
Tuesday, October 16, 2018 at
9:05 a.m. or as soon there-
after as the matter may be
heard, in the County Commis-
sion Chambers located on the
first floor of Building A of the
County Administrative Com-
plex, 1801 27th Street, Vero
Beach, Florida 32960, at which
time interested persons may
be heard.
Anyone who wishes to inspect
any of the proposed docu-
ments may do so during reg-
ular business hours (8:30 a.m.
to 5:00 p.m., Monday through
Friday) at the Office of the
Clerk to the Board of County
Commissioners located on the
2nd floor of Building A of the
County Administrative Com-
plex, 1801 27th Street, Vero
Beach, Florida.
Anyone who may wish to
appeal any decision which
may be made at this meeting
will need to ensure that a ver-
batim record of the proceed-
ingsis made, which includes
testimony and evidence upon
which the appeal is based.
Anyone who needs a special
accommodation for this meet-
ing must contact the County's
Americans With Disabilities
Act (ADA) Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
PETER D. O'BRYAN, CHAIRMAN
Pub October 8th & 15th 2018
TCN 2127137
October 16, 2016
ITEM 14.A4,
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members, of the Board of County Commissioners
DATE: October 9, 2018
SUBJECT: Presentation on Commercial Property Assessed Clean Energy (PACE)
Programs
FROM: Peter O'Bryan
Commissioner, District 4
I have heard from members of the community that there is some interest in exploring a
PACE program for commercial properties. With the assistance of Frank Bernardino and
Edgar Fernandez of Anfield Consulting, multiple PACE providers will be present to answer
questions the Board may have regarding their individual plans. The presentation will be
given by Natalie Schneider, Florida Regional Director Government Affairs, Renew
Financial..
Backup: PowerPoint presentation
Thanks.
232
Florida�
PACE
Funding Agency
t,rene
- ENERGY FUND
Renovate
America'
�'► RENEW
FINANCIAL,.
THE STATE
OF PACE
PRESENTED BY:
ADMINISTRATORS OFTHE
PACE PROGRAMS IN
FLORIDA
233
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238
IFICATIONS FOR
:RTY OWNERS
• Current on Property Taxes for last 3 years or length
of ownership if under 3 years.
• Current on Mortgage. No liens against property.
• Must have 10% Equity based on Fair Market Value
• NO Negative Equity Lending
• Improvements must be eligible improvement, affixed
to building or facility, part of the property
• Up to 20% just value of the property if the property
owner has a mortgage
239
61Oki 31b IDIa 0111I_\MU:ZOMaOki W&O
PACE covers up to
100% upfront cost.
Not credit based.
Available to
residential,
commercial,
homestead not
required.
Financing -terms up to
30 years with fixed,
single digit interest
rates. Affordable
payments.
Potential to reduce
utility bills and realize
savings on property
insurance.
Interest rates based
on selected repayment
term, not on
borrower's financial
profile or project size.
Can be combined with
utility, local and federal
incentive programs.
PACE ASSESSMENTS
• Line item on the property tax bill
• Recorded on title (Clerk of Courts)
• Voluntary non -ad valorem assessment
• Annual installment on property tax bill (no discount on PACE
assessment)
• Assessment is attached to the property, not the property owners' credit
• Repaid over a fixed term at a fixed interest rate
• No pre -payment penalty (residential)
• Uniform Method of Collection Agreement with Tax Collector for
placement & fee
241
PROPERTY OWNER FAQS
Property taxes are legally transferable upon sale; however,
mortgage lenders may require full repayment of the PACE
assessment upon sale or refinancing. PACE assessments can
be paid off in full with no penalty for residential property
owners.
PACE financing payments can be added to a mortgage
escrow account, but this does not happen automatically.To
increase escrow account reserves, property owners must
contact their mortgage lender or servicer and provide them
with a copy of the final closing statement.
242
'OKWO
and qualified building
upgrades with no ROI
threshold to meet.
w` `meaningful�increasei
property roperty value.
401 U 2 Oki W&O
Preserves.capi'tal. and indirect operating an
maintenance costs.
uced*en'erLyy costs and retention and expansion: -
increased comfort.
Environmental benefits, and helps local
governments achieve sustainability goals.
"o M 0 Structural hardening of properties to
protect against wind damage.
Improves building stock and creates
local jobs for contractors.
No cost or liability to the government
and no public funds are used.
Clean Energy Corridor
Ygrene Energy Fund
County/City Property
Owners
Florida Green Finance
Authority
RenewPACE
Florida Resiliency and
Energy District
Renovate America
Florida PACE Funding
Agency
AllianceNRG Program"/
CounterPointeSRE/
Hannon ArmstrongSRE
245
LAUNCH A PACE PROGRAM
• Multi -Provider Resolution to join PACE Programs
• Interlocal Agreements with the individual providers
• PACE administrators provide turnkey service;
responsible for program administration, staffing, and
marketing costs, and provide project funding
• No cost or liability to local government
246
FT LAUDERDALE PROPERTY OWNER
IMPACT RESISTANT WINDOWS & DOORS, HVAC, POOL
WATER HEATER, TAN KLESS WATER HEATER
$300 MONTHLY ENERGY SAVINGS
$7,000ANNUAL PROPERTY INSURANCE SAVINGS
O "We had all the hurricane windows and doors
put in, a new tankless gas hot water heater, a new
central air conditioning system and we had a new
energy saving heater for our pool. I am now saving
$7,000 per year on insurance plus around
$300 dollar a month in our electric bill"
—joy Miller, Residential Property Owner 21
247
October 16, 2018
ITEM 14.A;
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 � C.
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?
3) 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.
248
Joint Meeting of the
Treasure
Coast • South Florida
Regional Planning
By
Frank Bernardino
Florida Advocates
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)
2'
I -P
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 441.
• In 2015 65% 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.
• In FY 24.4.6/07 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 /o
• Sir/the total budget has increased by $15.1 Billion,
and the State spent 30 million less on water
programs.
15
1%Nor--"
0
Challenge Requires Recurring Funding Support (Billions)
12
10
8
6
4
11 2
2005 2006 2007 2008 2009 2010 20112012 2013 2014 2015 2016 2017 2018
13 Water Funding (State Dollars) 0 Transportation WP
16
Annual Assessment of narlds's Wattr
Resonrres and Consen adon Lands
1018;Edltion
2016.: S -B :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.
( 17
EI3
Annual Assessment of Florida's Water
Resources .and Conservation Lands
1418 ErNNon
"Based on the projected
revenues from sources
historically allocated to
water resources, the
recent levels of increases
cannot be sustained into
the future without
supplementation.:.,."
October 16, 2018
ITEM 14.D.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: . Members of the Board of County Commissioners
DATE: October 5, 201.8
SUBJECT: Discussion regarding Ordinance to Ban the Sale of Dogs and Cats in Pet
Stores
FROM: Joseph E. Flescher
Commissioner, District 2
Discussion Item:
I would like to discuss the Indian River County Board of County Commissioners'
consideration of an ordinance to prohibit the retail sale of commercially bred dogs and cats
from puppy mills and kitten factories. The ordinance would not prohibit the adoption of dogs,
cats and other animals from such entities as not-for-profit animal shelters or animal rescue
organizations.
Back up includes a copy of a similar Ordinance from Seminole County.
249
10/8/2018
Seminole County, FL Code of Ordinances
PART 5. - ADOPTION -BASED BUSINESS MODEL FOR RETAIL SALE OF DOGS AND CATS AND OTHER REQUIREMENTS
Sec. 20.181. - Legislative intent.
(a) The intent of this Ordinance is to prohibit the retail sale of commercially bred dogs and cats from "puppy
mills" and "kitten factories." These facilities often house animals in overcrowded and unsanitary conditions
without adequate veterinary care, food, water, and socialization, which allow for heritable and congenital
disorders; the spread of infectious diseases; and environmental contamination, any of which may be present
immediately after a sale or not until several years later. The Board of County Commissioners finds it
reasonable and necessary to provide the following minimum standards governing the sale of cats and dogs
to protect the health, safety, and welfare of both animals and pet owners; that such regulation constitutes a
legitimate purpose, and will encourage pet consumers to obtain dogs and cats from shelters, animal rescue
organizations, or hobby breeders thereby saving animals lives and reducing the cost to the public of
sheltering and euthanizing animals.
(b) It is the intent of the Board of County Commissioners that this Ordinance will conform with and supplement
Section 828.29, Florida Statutes (2017), as may be amended, relating to the sale of dogs and cats transported
into the state for sale, health requirements, and consumer guarantee.
(Ord. No. 2018-8, § 1, 2-27-2018)
Sec. 20.182. - Retail sale of dogs and cats.
(a) An adoption -based business model shall be required for the retail sale of dogs or cats at a pet shop whereby
all dogs or cats will be sourced from stray and unwanted pets that have been taken in by an animal shelter
or animal rescue organization. It also means that pets purchased directly from a commercial breeder or
indirectly through some other intermediary such as a broker or wholesaler may not be offered for sale.
(b) 'No pet shop shall offer dogs or cats in Seminole County, unless the dog or cat was obtained from:
(1) An animal shelter;
(2) An animal rescue organization.
(c) This adoption -based business model for the retail sale of dogs or cats in the County applies to any pet shops
opened, transferred, assigned, or sold by owners of existing pet shops after the effective date of the
Ordinance.
(d) An official certificate of veterinary inspection must accompany the sale of any cat or dog transported into the
state, in compliance with Section 828.29(3), Florida Statutes (2017), as this statute may be amended from
time to time.
(e) Pet shops shall post and maintain a certificate of source, as defined in Part 1, on each animal's cage, kennel,
or enclosure, within clear view, and shall provide a copy of the certificate to the purchaser or transferee of
any such dog or cat sold or transferred.
(f) Pet shops shall maintain records, stating the name, address, telephone number and email of the animal
shelter or animal rescue organization from which each dog or cat was acquired for three (3) years following
the date of acquisition or in accordance with the required relation time set forth by business standards and
practices governing the particular commercial establishment and record, whichever is greater, and maintain
a copy of the record for the previous year subject to inspection by the County's animal control officers or any
other County officials charged with enforcing the provisions of this Section. 250
7i�
10/8/2018 Seminole County, FL Code of Ordinances
(g) Any such records shall be made available, immediately upon request, to the County's animal control officers
and any other County officials charged with enforcing the provisions of this Section.
(h) Falsification of records by pet shops is hereby deemed unlawful and subject to the penalties of this
Ordinance.
(Ord. No. 2018-8, § 1, 2-27-2018)
Sec. 20.183. - Prohibition on retail sale in public places.
(a) There shall be no retail sale of dogs or cats on any public thoroughfare, public common areas, or other
places of public accommodations, flea markets, festivals, yard sales, medians, parks, recreation areas,
outdoor markets, parking lots, or other similar locations, regardless of whether such access is authorized by
the owner.
(b) This Section shall not apply to the retail sale of dogs or cats by an Animal Shelter or Animal Rescue
Organization.
(Ord. No. 2018-8, § 1, 2-27-2018)
Sec. 20.184. - Enforcement and penalties.
(a) Any pet shop found to be in violation of the provisions of this Part may be subject to any applicable
enforcement mechanism available to the County including, but not limited to: prosecution in the same
manner as a misdemeanor, as provided in Section 125.69, Florida Statutes (2017), as this statute may be
amended from time to time, and Section 20. Part 2, of this Code. It shall be a violation of this Ordinance to
fail to comply with any of the requirements or restrictions contained in this Ordinance.
(b) Each animal produced, reared, bred, kept, sold, or released in violation of this Section will be deemed a
separate offense, and a separate offense will be deemed committed on each day during on or which a
violation occurs or continues.
(c) Violations of this Ordinance are classified as a civil infraction in accordance with Section 828.27(2), Florida
Statutes (2017), as this statute may be amended from time to time. Penalties will accrue in accordance with
Section 20.137(a) of this Ordinance.
(d) The County may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this
Ordinance.
(e) Imposition of a penalty for a violation does not excuse the violation nor does it imply permission for the
violation to continue. All pet shops found to be in violation will be required to correct or remedy such
violations immediately.
(Ord. No. 2018-8, § 1, 2-27-2018)
Sec. 20.185. - Applicability.
This Ordinance shall apply to the unincorporated areas of Seminole County.
(Ord. No. 2018-8, § 1, 2-27-2018)
251
2/2
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
a�lvp?
/s'a�
Date: October S, 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: Request Approval for Two Paper Shredding Events in Fiscal Year 2018/19
DESCRIPTION:
For the past two years, SWDD staff has partnered with a locally owned and operated paper shredding
company, Southeast Secure Shredding (SESS), to co -host biannual paper shredding events. The events are
hosted at SESS's paper shredding facility for a duration of 5 hours, and residents are allowed to bring up
to 3 boxes/bags (up to 35 lbs. each) of paper to be shredded and recycled at no charge. Since SESS
operates directly out of their facility, they can offer the County a rate of $800 per event, which is
significantly less that their out -of -county competitors whose estimates exceed $3,200 for a 3 -hour event.
The events have been extremely popular with the residents of Indian River County and a cumulative total
of over 80,000 lbs of shredded paper has been successfully diverted from the landfill. Based on the success
of past paper shredding events, SWDD staff would like to continue sponsoring biannual paper shredding
events for Indian River County residents. This fiscal year, SWDD staff would like to host a fall paper
shredding event on Saturday, November 17, 2018, and a spring event on Saturday, April 6, 2019. SWDD
staff would like to recommend using Southeast Secure Shredding as the designated vendor for these
events for $800 per event, for a total cost of $1,600.
FUNDING:
Funding for the Paper Shredding Event is available in the SWDD account under Other Contractual Services
in the Operating Fund. Operating Funds are derived from SWDD assessment and user fees.
Description
Account Number
Amount
Other Contractual Services
41125534-033490
$1,600
RECOMMENDATION:
Staff recommends the Solid Waste Disposal District Board authorize the sponsorship of two Residential
Paper Shredding Events in fiscal year 2018/19 utilizing Southeast Secure Shredding, for a total cost of
$1,600, and authorize staff to issue a purchase order to Southeast Secure Shredding.
252
Request Approval for Two Paper Shredding Events in Fiscal Year 2018/19 Page 1-
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
l'�_6 5
Date: October 1, 2018
To: Jason Brown, County Administrator
From: Vincent Burke, Director of Utility Services
Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District
Subject: Request for General Funds - PACE Project and Other Community Projects FY2018-19
DESCRIPTION AND CONDITONS:
The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost
for fees associated with community projects, including the Florida Department of Health (FDOH) in Indian
River County, Division of Environmental Health's Protocol for Assessing Community Excellence (PACE)
program. The PACE project focuses on identifying issues in a community, one of which is abandoned homes.
These abandoned homes pose safety and health hazards, and provide havens for drug dealers. It has been
determined that there are several homes that need to be demolished in order to affect the well-being of the
community. Other community projects include removing illegal public dumping and Keep Indian River
Beautiful (KIRB) clean-up projects that involve volunteers throughout our community. Last fiscal year, the
Board of County Commissioners (BCC) approved an allocation of $6,000 from the General Fund, which was
utilized for disposal of approximately 65.47 tons, or 130,942 pounds, in the amount of $2,081.97. The
PACE/charity projects utilized $578.14 last year, Indian River Farms utilized $43.34, and $1,460.49 was used
for other cleanup/illegal dumping projects, with the remaining balance of $3,918.03 being unused.
SWDD has received the attached request from Cheryl Dunn, Environmental Manager at FDOH in Indian River
County, for an allocation of $6,500 for next year. They are expecting an increase in the demolition projects
for the next fiscal year. Based on last year's usage, staff recommends a total of $6,500 in funding to cover
the pledge of $2,000 per year to the Indian River Farms Water Control District and for other cleanup/illegal
dumping projects.
ANALYSIS:
Each project will have labor and machinery donated toward this effort. It is the request of the partners
involved in each project that the BCC allocate funds to cover associated landfill fees. This will include
disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal
public dumping debris that is cleaned up by County/SWDD staff or by volunteers organized by KIRB. The
total estimated landfill fees are not expected to exceed $6,500.00 for all projects involved in clean-up
efforts.
SWDD Agenda - Request for General Funds - PACE Project and Other Community Project FY2018-19.docx PWg3
FUNDING:
The funding to cover landfill disposal fees for cleanup events and illegal dumping debris totaling $6,000 is
available in account 00120415-033190. A budget amendment to cover the additional $500 will be
necessary and will be funded from general fund / reserve for contingency.
Description
Account Number
Amount
General Fund - Planning Other Professional Services
00120415-033190
$6,500.00
RECOMMENDATION:
Staff recommends the Board of County Commissioners authorize up to $6,500.00 to be donated to various
Protocol for Assessing Community Excellence (PACE)/illegal dumping projects for the sole purpose of paying
associated landfill fees.
ATTACHMENTS:
Letter from Health Department
SWDD Agenda - Request for General Funds - PACE Project and Other Community Project FY2018-19.docx P25¢
Mission: j Rick Scott
To protect, promote & improve the health i Governor
of all people in Florida through integrated
state, county & community efforts. F Celeste Philip, MD, MPH
HEALTHSurgeon General and Secretary
Vision: To be the Healthiest State in the Nation
FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY
September 25, 2018
Indian River County Solid Waste Disposal District
132574 th Avenue SW
Vero Beach, FL 32968
RE: Landfill Fee Allocation:
Dear Himanshu:
Since April 2009, Florida Department of Health in Indian River County's Environmental Health section
has been implementing the Protocol for Assessing Community Excellence in Environmental Health
(PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been
identified by the residents and the health department is abandoned homes. These abandoned homes
are safety and health hazards and provide havens for drug dealers and other criminal activities.
In addition to PACE EH, Environmental Health responds to complaints associated with abandoned and
derelict homes and structures throughout the county. Environmental Health staff also respond to illegal
dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response
has increased with the current economic climate, aftermath tropical storms and continued mosquito
concerns in the community.
Last year the Commission allocated $6,000 to assist with landfill fees while labor and equipment were
donated by private contractors in order to assist the very low income property owners with demolishing
the hazardous structures
It has been determined that there are other abandoned structures and illegal dumping sites that need to
be demolished and cleaned up to improve the well-being of the community. It is the request of the
partners involved that the County Commission allocate funds to cover associated landfill fees. There is
an increase in projects being considered for demolition. The total associated landfill fees are not
expected to exceed $6,500.
Sincerely, .
Cheryl L. Dunn R.S.
Environmental Health Manager
Indian River County Environmental Control Officer
Florida Department of Health
in Indian River County
1900 271 Street, Vero Beach, FL 32960 Accredited Health Department
PHONE: 772/794-7400 Public Health Accreditation Board
WEBSITE: hdp://indiandver.floddahealth.gov
FloridaHealth.gov 255
INDIAN RIVER COUNTY IV Ft
Q 4W 3W
1 SOLID WASTE DISPOSAL DISTRICT
'2oRioA BOARD MEMORANDUM
Date: October 5, 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: CCNA-2018 Work Order No. 2 to Geosyntec Consultants for Engineering Services with
the Title V Permitting for Emergency Generators
DESCRIPTIONS AND CONDITIONS:
The Title V air operation permit includes all the Clean Air Act requirements for identification and control of
air pollutants and is required for all major sources of air pollutants. The United States Environmental
Protection Agency (USEPA) has authorized the Florida Department of Environmental Protection (FDEP) to
administer the Title V permitting program in the State of Florida. FDEP has categorized the Indian River
County Landfill as a major source requiring a Title V air operation permit because the landfill designed
disposal capacity exceeds a regulatory threshold of 2.75 million tons of solid waste. The Solid Waste Disposal
District (SWDD) landfill was issued a five (5) year Title V Air Operation Permit No. 0610015 -005 -AV effective
June 1, 2017. The permit was obtained by Geosyntec Consultants
On May 18, 2018, SWDD installed a new emergency generator to provide back-up power to the landfill
administration building and the scalehouse. In addition, SWDD is planning to install a new emergency
generator for a new leachate lift station that is part of the current Segment 3 Cell 2 Expansion project. The
addition of these two generators requires a modification to the Title V permit to add them to our facility;
however, it is anticipated that these generators will be exempt from having to obtain an air construction
permit.
ANALYSIS:
As part of the Continuing Contract Agreement for Continuing Engineering Services, entered into on April 17,
2018, SWDD staff requested Geosyntec to submit a proposal to provide engineering and consulting services
for the subject project. Geosyntec's proposal including scope of work, schedule and budget is shown in
Attachment 1. Geosyntec's proposal consists of three tasks as follows:
Task
DESCRIPTION
$ AMOUNT
1
General Consulting/Project Management
$7,395
2
Title V Revision Permit Applications
$12,314
3
Response to Regulatory Agency Comments
$ 5,289
Total =
$24,998
Geosyntec proposes to submit the application for the first generator no later than November 18, 2018, and
for the second generator in the first quarter of 2019.
256
@BCL@700C673A.docx Page 1 of 2
FUNDING:
Funding for these engineering services is budgeted and available in the Engineering Services account in the
SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget
of $300,000 for the 2018/2019 fiscal year.
Description
Account Number
Amount
Engineering Services
1 41121734-033130
$24,998
RECOMMENDATION:
SWDD staff recommends that its Board approve the following:
a) Approve CCNA-2018 Work Order No. 2 with Geosyntec in the amount of $24,998 to provide engineering
services related to the Title V Permitting for Emergency Generators.
b) Authorize the Chairman to execute the same, as presented.
ATTACHMENT(s):
1) CCNA-2018 Work Order No. 2 — Geosyntec
257
@BCL@700C673A.docx Page 2 of 2
CCNA2018 WORK ORDER
TITLE V AIR OPERATION PERMIT MODIFICATIONS
This Work Order Number _2_ is entered into as of this _ day of 201, pursuant to that
certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this
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 B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT:
By: — , _ a ed, By:
Thomas A. Peel, Ph.D.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Title: Senior Vice -President BCC Approved Date:
, Chairman
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 258
EXHIBIT 1
PROFESSIONAL SERVICES
259
1200 Riverplace Boulevard
Geosyx-rec a Suite 710
Jacksonville, FL 32207
consultants PH 904-858-1818
FAX 904-396-7143
wAm.eeosvntec.com
5 October 2018
Mr. Himanshu Mehta, P.E., Managing Director
Solid Waste Disposal District
Indian River County
132574 th Avenue SW
Vero Beach, Florida 32968
Subject: Proposal for Engineering Services
Title V Air Operation Permit Modification Applications
Indian River County Landfill Facility
Vero Beach, Indian River County, Florida
Dear Mr. Mehta:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to Indian River
County (IRC), Solid Waste Disposal District (SWDD) to provide engineering services related to
the modification of the Title V Air Operation Permit for the IRC Landfill (IRCL) facility. The
current 5 -year permit (Permit No. 0610015 -005 -AV) was issued on June 1, 2017 with an
expiration date of June 1, 2022 by the Florida Department of Environmental Protection (FDEP),
Division of Air Resource Management (DARM). This proposal presents the scope of work,
schedule, and budget estimate for the preparation and submittal to the FDEP the applications for
the permit modification to include two emergency generators at the IRCL facility. The proposal
was prepared in response to a verbal request from Mr. Himanshu Mehta, P.E., Managing
Director, of SWDD, during a 4 October 2018 telephone conversation with Dr. Kwasi Badu-
Tweneboah, P.E. of Geosyntec.
Geosyntec has prepared this proposal as Exhibit 1 of CCNA-2018-WO No. 2, pursuant to that
certain Continuing Contract Agreement for Professional Services, dated April 17, 2018
(collectively referred to as the "Agreement'), by and between INDIAN RIVER COUNTY, a
political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant').
The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii)
schedule; and (iv) budget estimate.
PROJECT BACKGROUND
The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo
Road, and west of Rangeline Road in Vero Beach, Florida. The landfill serves the unincorporated
Indian River County and municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian
River Shores. The SWDD administers the management and operation of the Class I Landfill at the
IRCL facility, and as such, it is the permit holder of the IRCL facility. This landfill facility is
currently operating under Title V Air Operation Permit No. 0610015 -005 -AV, effective June 1,
2017. The permit covers the following emission units: (i) EU 003 — Municipal Solid Waste
engineers I scientists I innovators 260
Mr. Himanshu Mehta, P.E. Managing Director
5 October 2018
Page 3
(MSW)Landfill consisting of three .total closed and active Class I landfill segments and one infill
area; (ii) EU 004 — Emergency Standby Generator, which is a 605 -kW generator used to provide
electricity during power outages to the on-site bio -solids dewatering facility; and (iii) EU 005 —
Landfill Gas Utility Flare which is a 3,000-scfin open, non -assisted candlestick -type utility flare
used to control gaseous emissions from the MSW landfill (EU 003).
Geosyntec understands that SWDD recently installed a 200 -kW emergency standby generator for
the administrative building at the IRCL facility and is also planning on installing a 20 -kW
emergency generator for the new leachate lift station as part of the Cell 2 — Segment 3 landfill
construction. These two generators would have to be added to the Title V Air Operation Permit
for the ORCL facility. Based on the power ratings of the generators, they may qualify as
exemptions from obtaining Air Construction Permits and also as insignificant units under the
current Title V Air Operation Permit depending on the total number of days used in a year.
PROPOSED SCOPE OF WORK
This project includes professional engineering services required to modify the Title V Air
Operation Permit for the IRCL facility to include the two additional emergency standby
generators. The scope of work is based on the requirements of Chapter 403 of the Florida Statue
(F.S.), Chapters 62-4, 62-210 and 62-213 of the Florida Administrative Code (F.A.C.), and
Geosyntec's understanding of the project based on information provided by SWDD and the Title
V permitting requirements. Geosyntec will provide the engineering services necessary to
prepare the permit modification application and address request for additional information (RAI)
from FDEP.
For budgeting purposes, the scope of work will be performed in three phases as follows:
0 Phase 1 — General Consulting/Meeting Support/Project Management;
• Phase 2 — Title V Permit Modification Application; and
• Phase 3 — Response to Regulatory Comments.
Each of these phases is briefly described below.
Phase 1— General Consulting/Meeting Support/Project Management
Under this phase, Geosyntec will perform project planning and management responsibilities,
such as correspondence with SWDD and FDEP, invoice review, project coordination, budget and
schedule tracking and project administration. Geosyntec has also included a budget for
preparation and attendance (by two Geosyntec personnel) at two meetings: (i) kickoff meeting
with SWDD staff to obtain information required to complete the application; and (ii) a pre -
engineers I scientists I innovators 261
Mr. Himanshu Mehta, P.E. Managing Director
5 October 2018
Page 4
application meeting with FDEP-DARM and SWDD to discuss specific permitting requirements.
Geosyntec has assumed that both meetings will be held via teleconference in order to reduce
overall costs to the project.
Phase 2 — Title V Permit Modification Applications
Geosyntec understands that the first emergency standby generator for the administrative building
was installed on May 18, 2018. The second generator for the lift station, however, will be
installed in the first quarter of 2019. Since the regulations typically require submittal of permit
applications within 180 days of installation of an emission unit, it is likely that two separate
permit modification applications would have to be submitted to FDEP, one for each generator.
However, Geosyntec will explore the possibility of submitting one combined application for the
two generators. Geosyntec will prepare the FDEP Title V Air Operation Permit modification
applications for the IRCL facility. Geosyntec will complete FDEP, DARM Form No. 62-
210.900(1) titled "Application for Air Permit - Long Form" and address the additional
information items required by the form. The following items will be prepared as part of the
permit renewal application:
• Facility plot plan;
• Process flow diagram;
• Precautions to prevent emissions of unconfined particulate matter;
• List of insignificant activities;
• Identification of applicable requirements;
• Compliance report and plan;
• Description of proposed changes to the current Title V Air Operation Permit;
• Fuel analysis or specification;
• Detailed description of control equipment;
• Procedures for startup and shutdown;
• Operation and maintenance plan;
• Previously submitted information; and
• Identification of applicable requirements.
Geosyntec will describe the two additional emission units (i.e., the emergency standby
generators) for the IRCL facility, and calculate the emissions of air pollutants expected to be
released into the environment by their operation. Geosyntec will complete the required FDEP
Form 62-210.900(1) and prepare a transmittal letter(s) to FDEP that summarizes the permit
modification application package(s).
engineers 'I scientists I innovators 262
Mr. Himanshu Mehta, P.E. Managing Director
5 October 2018
Page 5
Phase 3 — Response to Regulatory Comments
Following submittal of the Permit Modification Application(s), Geosyntec will meet with the
Southeast District office of the FDEP-DARM to present and discuss the application package.
This meeting may be held via teleconference in order to reduce overall costs to the project.
Geosyntec will provide FDEP with written responses to RAIs throughout the course of the
permit application review process. For the purpose of the budget estimate, Geosyntec has
estimated one response to FDEP RAI will be required.
Geosyntec will also review and provide comments on the draft Title V Modified (Revised)
Permit issued by FDEP to ensure that it is consistent with the facility requirements and does not
contain unexpected compliance and monitoring requirements.
SCHEDULE
Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from SWDD.
Geosyntec has assumed that this NTP would be issued no later than 16 October 2018 in order for
us to complete the work and submit the Title V Air Operation Permit Modification Application
to FDEP before the deadline of 18 November 2018 for the first generator.
BUDGET ESTIMATE
The budget estimate for the scope of work outlined in this proposal is summarized in the
following table, and a detailed budget estimate is provided as Attachment A. The budget
estimate does not include permit fees that will be required at the time the permit application is
submitted to FDEP.
Phase 1 — General Consulting/Meeting Support/Project Management $7,395
Phase 2 — Title V Permit Modification Application $12,314
Phase 3: Response to Regulatory Comments $5,289
Total Budget Estimate $249998
Geosyntec will not exceed the cost estimate without prior approval and written authorization
from SWDD.
engineers I scientists I innovators 263
Mr. Himanshu Mehta, P.E. Managing Director
5 October 2018
Page 6
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 Dr. Badu-Tweneboah's attention.
Please call the undersigned with questions you may have as you review this proposal.
Sincerely,
Kwasi Badu-Tweneboah, Ph.D., P.E.
Principal
Attachments
264
ATTACHMENT A
7\T1T A TT T-1 T-% TlT TT%0"T1T T1 Cl TTIL d A TT1
65
Table 1
BUDGET ESTIMATE
TITLE V PERMIT MODIFICATION APPLICATION
INDIAN RIVER COUNTY CLASS I LANDFILL
INDIAN RIVER COUNTY, FLORIDA
PHASE 1: PROJECT MANAGEMENT/MEETINGS
IF- ITEM
BASIS
RATE
QUANTITY
ESTICOST MATED
A. Professional Services
a. Senior Principal
Hr
$240
0
$0
b. Principal
Hr
$225
16
$3,600
c. Senior Professional
Hr
$205
0
$0
d. Project Professional
Hr
$185
0
$0
e. Professional
Hr
$160
0
$0
f. Senior Staff Professional
Hr
$140
18
$2,520
g. Staff Professional
Hr
$120
0
$0
Subtotal Professional Services
$6,120
B. Technical/Administrative Services
a. CADD Designer
Hr
$130
0
$0
b. Senior Drafter/Senior CADD Operator Hr
$115
0
$0
c. Project Administrator
Hr
$65
12
$780
d. Clerical
Hr
$50
0
$0
Subtotal Technical/Administrative Services
$780
C. Reimbursables
a. Lodging
Day
$100
0
$0
b. Per Diem
Day
$51
2
$102
c. Communications Fee
3% Labor
0.03
$6,900
$207
d. CADD Computer System
Hr
$15
0
$0
e. Vehicle Rental & Fuel
Day
$150
1
$150
f. 8"x11" Photocopies
Each
$0.12
50
$6
g. CADD Drawings
Each
$3
10
$30
Subtotal Reimbursables
$495
TOTAL ESTIMATED BUDGET: PHASE. 01
$7,395
XL11275/JL18030_Budget Estimate
Geosyntec Consultants
266
Table 2
BUDGET ESTIMATE
TITLE V PERMIT MODIFICATION APPLICATIONS
INDIAN RIVER COUNTY CLASS I LANDFILL
INDIAN RIVER COUNTY, FLORIDA
PHASE 2: TITLE V PERMIT MODIFICATION APPLICATIONS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a. Senior Principal
Hr
$240
0
$0
b. Principal
Hr
$225
13
$2,925
c. Senior Professional
Hr
$205
17
$3,485
d. Project Professional
Hr
$185
0
$0
e. Professional
Hr
$160
0
$0
f. Senior Staff Professional
Hr
$140
32
$4,480
g. Staff Professional
Hr
$120
0
$0
Subtotal Professional Services
$10,890
B. Technical/Administrative Services
a. CADD Designer
Hr
$130
4
$520
b. Senior Drafter/Senior CADD Operator
Hr
$115
0
$0
c. Project Administrator
Hr
$65
0
$0
d. Clerical
Hr
$50
8
$400
Subtotal Technical/Administrative Services
$920
C. Reimbursables
a. Lodging
Day
$100
0
$0
b. Per Diem
Day
$45
0
$0
c. Communications Fee
3% Labor
0.03
$11,810
$354
d. CADD Computer System
Hr
$15
4
$60
e. Vehicle Rental & Fuel
Day
$150
0
$0
f. 8"x11" Photocopies
Each
$0.12
500
$60
g. CADD Drawings
Each
$3
10
$30
Subtotal Reimbursables
$504
TOTAL ESTIMATED BUDGET: PHASE 02
$12,314
XL11275/JL18030_Budget Estimate - CRB
Geosyntec Consultants
267
Table 3
BUDGET ESTIMATE
TITLE V PERMIT MODIFICATION APPLICATION
INDIAN RIVER COUNTY CLASS I LANDFILL
INDIAN RIVER COUNTY, FLORIDA
PHASE 3: RESPONSE TO REGULATORY COMMENTS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A. Professional Services
a. Senior Principal
Hr
$240
0
$0
b. Principal
Hr
$225
10
$2,250
c. Senior Professional
Hr
$205
4
$820
d. Project Professional
Hr
$185
0
$0
e. Professional
Hr
$160
0
$0
f. Senior Staff Professional
Hr
$140
14
$1,960
g. Staff Professional
Hr
$120
0
$0
Subtotal Professional Services
$5,030
B. Technical/Administrative Services
a. Designer
Hr
$130
0
$0
b. Senior Drafter/Senior CADD Operator
Hr
$115
0
$0
c. Administrative Assistant
I Hr
1 $65
1 0
$0
d. Clerical
I Hr
1 $50
1 2
$100
Subtotal Technical/Administrative Services
$100
C. Reimbursables
a. Vehicle Rental & Fuel
Day
$150
0
$0
b. Communications Fee
3% Labor
$0.03
$5,130
$154
c. CADD Computer System
Hr
$ 15.00
$0
$0
d. 8"x11" Photocopies
Each
$0.12
45
$5
e. CADD Drawings
Each
$3.00
0
$0
Subtotal Reimbursables
$159
TOTAL ESTIMATED BUDGET: PHASE 03
$5,289
XL11275/JL18030_Budget Estimate - CRB
Geosyntec Consultants
268
Treasure Coast Newspapers I TCPALm
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and
that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in
Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Ad Number Coovline PO #
463755 - INDIAN RIVER COUNTY PLANNING 2121071 Notice of Public Hearing
Pub Dates
September 30, 2018
Sworn to and subscribed before me this day of, October 01, 2018, by
who is
Natalie Zoll r
(X) personally known to me or
( ) who has produced
— �W14 V � q 4��W'n
Karol Kangas Notary Public
--------------
KAROLEKANGAS
NotaryPublic - RateofFlorida
•
CommhsloM GG 126091
WIN
My Comm. EvIres Jul 29, 2021
Bmdedllitoigh Nalbnal NolaryAsn
as identification.
Hadley
Continued from Page to
His case maybe most widely remem-
bered because ofwhat he did next: Had-
ley used Facebook to summon about 30
pals to parry at his Port St. Lucie home
on Northeast Granduer Avenue — with
his slain parents' bodies Hidden in a
bedroom, buried under stuff he haphoz-
ardly stacked around them.
He'd wrapped towels around their
heads, and reports show a 22 -ounce
hammer was later found on the floor be-
tween the bodies.
At least two of his friends who at-
tended the mucous party contacted 9B
and reported the murders before dawn
the next day.
The Hadley house never was lived In
again; in 2015, it was tom down and
hauled away.
Resentencing
In 2014. Hadley abandoned plans to
seek an insanity defense and agreed to
plead no contest to two counts of first-
degree murder with a weapon.
His case was the first sentencing of a
juvenile killer on the Treasure Coast
since the U.S. Supreme Court Issued Its
2012 ruling in Miller v. Alabama, which
barred automatic mandatory life prison
terms for minors.
Hadley had spent two years In state
prison when he won an appeal that
overturned his life terms and sent his
case back for anew sentencing hearing.
That hearing begins Oct.1 and could
last Into the following week.
Public Defender Diamond Litly,
who's represented Hadley for years, will
call as witnesses child behavior experts
and psychologists who specialfze in ad-
olescent drug use and brain develop-
ment.
Behavior psychologist Robert Kin-
scherf, ,, an associate professor in a din-
Ical psychology doctoral program at
William James College in Newton, Mas-
sachusetts, Is expected to testify; he's
met with Hadley twice In the past year.
Kinscherff is expected say Hadley
shows the ability wet time to be reha-
bilitated, potentially tothe point that re-
lease from prison would be ""anted.
During n recorded deposition in
June. Kinscherff called Hadley's capac-
ity for rehabilitation `a very good bet-
ting proposition ... if what we mean by
rehabilitation is being able to live a life
without committing further crimes, es-
pecially not serious crimes against per-
sons"
"it will be interesting to see what he
looks like when he's 35 or 40 or older,"
Kinscher8' said. 'I won't pretend to say
that 1 know exactly what he's going to
look like when he's 40"
New Hadley admissions
Hadley didnt testify four years ago
and there's no indication he will next
week, but he had plenty to say to Kin-
scherffwhen they met in October 2017.
In his recorded depositions, Kin-
scherfPstated Hadley admitted exagger-
ating symptoms of mental illness to ex-
perts hired in 2014 to evaluate him. Had-
ley talked with Hinscherff about his
thoughts and behavior before and dur-
ing the murders.
His admissions to Kinscherff have
not been previously reported. Here are
highlights from their conversations:
Pot use in prison
Kinscherff first met Hadley Oct. 25,
2017, at the Okeechobee Correctional In-
stitution and he admitted to recently
smoking marijuana.
`Lest Monday marijuana; Sunday
marijuana; smoked marijuana in the
past week off and on, so like In the past
week off and on since incarceration, no
alcohol or other since incarceration'
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of
Indian River County, Florida shall hold a second and final public hearing at
which parties in interest and citizens shall have an opportunity to be heard,
in the County Commission Chambers of the County Administration Building
located at 1801 27th Street, Vero Bach, Florida, on Tuesday, October 16, 2018
at 9:00 a.m. to consider adaption of an ordinance; entitled:
ANORDINANCEOF INDIAN RI V ERCOUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS
(LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING;
BY AMENDING SECTIONS 911.06, AGRICULTURAL AND RURAL
DISTRICTS; SECTION 911.07, SINGLE-FAMILY RESIDENTIAL
DISTRICTS; SECTION 911.08, MULTIPLE -FAMILY RESIDENTIAL
DISTRICTS; 911.13, SPECIAL DISTRICTS; AND CHAPTER 971,
REGULATIONS FOR SPECIFIC LAND USES BY AMENDING
SUBSECTION 971.28(5), PLACES OF WORSHIP; AND PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
Said ordinance, if adopted, will change the approval process for places of
worship from a special exception use appreval to an administrative permit
use approval in several zoning districts, and will change a locational/traffic
criterion for places of worship.
A draft of the proposed ordinance is mailable to be inspected by the public at the
Planning Division office located in the Community Development Department
on the first floor of the County Administration Complex Building "A", located
at 1801 27th Street. Anyone who may wish to appeal any decision, which may
be made at this meeting, will need to ensure that a verbatim record of the
proceedings is made, which includes testimony and evidence upon which the
appeal is based.
Please direct planning -related questions to the current development section at
226-1237.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS
MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH
DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 (TDD X772-
770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s- Peter D. O'Bryan, Chairman
September 30, 2018 TR -2121071
x TCPALM.COM 1 SUNDAY, SEPTEMBER 30,2018 1 17A
Blake and Mary
mirror that he had seen himself In.
JO Hadley,
Hadley: Yes, i was covered in blood,I
seen in an
was detached, I went into this sort of
evidence
psychotic state or trance. I had some
photo shown
sense of finality that It's Duet, all that
by the St.
compulsive thinking In my head was
Lucie County
just gone.
Clerk of the
KlnscherR: How did you feel when
Ciouit Court,
that dissipated?
were murdered
Hadley: I felt relief, I felt better.
in 2011 by their
Klnscherff: What were you going,
son Tyler
did you think about how you would kill
Hadley. xewea
yourself?
.ASusE-t
Hadley: Yes, I'd back up the car Into
/rrnu+
the garage, carbon monoxide poisoning.
Kinscherfr: Why did you cover their
face?
Hadley. I didn't think I could look at
them, I couldn't look at them as persons
that I just did this to ... to make them
anonymous.
-The COs, correctional ofBcers,'don't
care that much: Hadley said, 'if minor Is Hadley redeemable?
amounts; they'll flush It, especially if
you tell them before they search for it:" It'll be up to Circuit Jud
Thoughts of harming parents
Xbru cherff: Did he have thoughts
generally about killing people or %vas It
just his parents?
Hadley. Just killing them In particu-
lar.
Hlnscherff: Do you have any Idea
what may have precipitated those
thoughts?
Hadley. 1 was probably mad about
getting in trouble and everything that
was going on ... They started a little bit,
but increased frequency, became an ob-
session that ... 1 thought about it every
day.... I didnt even give that a thought;
It was do It and then kill myself.
Kinscherff: And that would bring ev-
erything to an end?
Hadley. Yeah.
Murderous rage
Kinscherff: Do you remember your
emotions at the time of the attack?
Hadley: Angry, like a blind rage came
out.
KlnscherfT: How long did it last?
Hadley. However long to do that,
they said maybe 17 seconds to the min-
ute.1 remember my face being distorted,
my teeth were clenched, 1 must have
looked like a psycho killer. 1 could feel
my eyes, uh, the rage coning out.
KlnscherfC 1 identified that was a
ge GarySweet
to decide whether Hadley is what ex-
perts call `Irreparably corrupt" or `ire-
trievably depraved," basically, a person
Incapable of rehabilitation whomust re-
main locked up for life.
Sweet also may sentence Hadley to
any number of years over 40. Any terms
Imposed will be reviewed after he
serves 25 yearsand at that point, a judge
could set I ladley free.
During the hearing, state prosecutors
will go first and present crime scene evi-
dence and testimony that describes the
killings in great detail.
Chief Assistant State Attorney Tom
Bakkedahl has sold he'll argue Hadley
still deserves two life terms. The de-
fense Is expected to ask Sweet to order
him to serve two concurrent 40-ye8r
terms.
In recounting the murders, the state
will focus not only on 'how painful and
excruciating it was, but the awareness
that the person who Is taking your life is
Your son," Bakkedahl has said. And
then, the father knowing that he has
killed his mother already and now Is
killing me.
`Who would let this guy out of pris-
on?" Bakkedahl said. `You know, I dont
want to be there when he gets out"
It's unclear when Sweet will an-
nounce his decision after the hearing
concludes, but it could be weeks or
months later.
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