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HomeMy WebLinkAbout01/08/2019BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 8, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Randy Brant, Ryanwood Fellowship Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating January 17 through 20, 2019 as Fellsmere Frog Leg Festival Days Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of November 6, 2018 6.B. Regular Meeting of November 13, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION January 8, 2019 Page 1 of 6 7.A. 2018-2019 City of Fellsmere Representation Attachments: City of Fellsmere Memorandum City of Fellsmere Committee Representations 7.B. Florida Public Service Commission Order No. PSC -2018 -0581 -TRF -EI, In re: Petition for 12 -month extension of voluntary solar partnership rider and program, by Florida Power & Light Company, is on file in the Office of the Clerk to the Board 7.C. Economic Development Council - Sebastian River Area Chamber of Commerce Representative Attachments: Staff Report 121318 Email - Beth Mitchell 7.D. Update on All Aboard Fl/Vero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses 7.E. Indian River County Venue Event Calendar Review Attachments: Event Calendar 8. CONSENT AGENDA 8.A. Checks and Electronic Payments December 7, 2018 to December 13, 2018 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments December 14, 2018 to December 20, 2018 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments December 21, 2018 to December 27, 2018 Attachments: Finance Department Staff Report 8.D. Historic Dodgertown: Acquisition of Flight Safety Drive and Dodger Road Parcels Attachments: Staff Report Agreement to Purchase and Sell Real Estate Map of Parcels Aerial Road Parcels Aerial Historic Dodgertown 8.E. Minor Change in Scope of Work for DEO Grant - Living Shoreline Attachments: Staff Report Updated DEO Grant Agreement January 8, 2019 Page 2 of 6 8.F. Work Order No. 8 - Morgan & Eklund, Inc. 2019 Beach Profile Monitoring Surveys (WINTER) Attachments: Staff Report Morgan and Eklund, Inc. WO #8 8.G. Final Payment, Release of Retainage and Change Order No. 1 for Gifford Area Stormwater Project, IRC -1502 Attachments: Staff Report Contractor's Application for Payment No. 4-F Change Order No. 1 8.H. Approval of First Extension and Hourly Rate Increase for Day Labor Services Provided by People Ready of Florida - Bid 2018035 Attachments: Staff Report First Extension - People Ready Rate Change Request Letter from People Ready 8.I. Award of Bid 2019007 - Natural Areas & Exotic Vegetation Management/Mowing Attachments: Staff Report Sample Agreement 8.J. Revision to Overtime Policy AM -301.3 Providing for Declared Emergency Pay for Exempt Employees Attachments: Staff Report AM -301.3 Overtime Policy 8.K. Interest Rate Change on All County Financing Attachments: Staff Report County Financing Interest Rate History 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.1. Indian River County Sheriff Deryl Loar: Request to Schedule an Executive Session at a time certain of 10:00 a.m. on January 15, 2019, to discuss the resolution of the impasse related to the Indian River County Sheriffs Office and IUPA Collective Bargaining Agreement Attachments: Sheriff Deryl Loar Letter Dated December 10, 2018 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Biosolids Moratorium Extension Ordinance (Legislative) Attachments: Staff Report Draft Biosolids Moratorium Ordinance January 8, 2019 Page 3 of 6 10.A.2. Reclamation and Relinquishment of ERUs and Release of Service Availability Charges for ERUs Reserved for Future Use (Settlement of Delinquent Reserve Accounts) (Legislative) Attachments: Staff Report Draft Ordinance 2019 - B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Fred Mensing Regarding Virgin Trains USA - Wasted Dollars Request to Stop Spending on Lawyers to Fight Virgin Trains USA Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for January 15, 2019 - (Legislative) Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for January 15, 2019 (Legislative) Attachments: Staff Report 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 12.G.1. Sole Source for TSC Jacobs (JAWS) Attachments: Staff Report Sole Source Letter BIOREM Technologies TSC Jacobs (JAWS) Proposal January 8, 2019 Page 4 of 6 12.G.2. Sole Source for DPS Equipment Services Inc. Attachments: Staff Report DPS Equipment Services Inc Service Proposal 18-159 Sole Source Letter Walker Process Equipment 13. COUNTY ATTORNEY MATTERS 13.A. 2019 Committees Vacancies Attachments: Staff Report Applicant for AHAC Applicant for AAC Applicants for CSAC Applicants for EDC 01.08.19 CAO Vacancy List 13.B. Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Attachments: Staff Report Designation Letter 13.C. Designating Point Persons for 2019 State Legislative List of Priorities Attachments: Staff Report Designated Point Persons and Alternates for 2019 State Legislative List of Priorities 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Sole Source Purchase of Four (4) Stryker Stretchers Attachments: Staff Report Stryker Stretcher Quote B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT January 8, 2019 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. January 8, 2019 Page 6 of 6 PROCLAMATION DESIGNATING JANUARY 17 THROUGH 20, 2019 AS FELLSMERE FROG LEG FESTIVAL DAYS WHEREAS, the 28th Annual Fellsmere Frog Leg Festival will be held from January 17 through January 20, 2019; and WHEREAS, the Fellsmere Frog Leg Festival showcases the unique local cuisine, resulting in frog legs and gator tail that are unsurpassed; and WHEREAS, the fame of the Festival has reached beyond the borders of the County and State, with the Fellsmere Frog Leg Festival holding two Guinness World Records for most frog legs served in one business day and the largest Frog Leg Festival in the world; and WHEREAS, the Fellsmere Frog Leg Festival has attracted hundreds of thousands of visitors and tourists to the area; and WHEREAS, the proceeds are used to further recreation and park activities as well as support youth organizations in the North County area; and WHEREAS, the City of Fellsmere has been designated as the Frog Leg Capital of the World, and it is appropriate to recognize this Festival as a Premier Event in Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the period of January 17 through January 20, 2019, is designated as: FELLSMERE FROG LEG FESTIVAL DAYS Adopted this 8th day of January, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Tim Zorc Joseph E. Flescher 1 714 January 8, 2019 Informational Item INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 17, 2018 SUBJECT: 2018-2019 City of Fellsmere Representation FROM: Misty L. Pursel Commissioner Assistant, District 1 Attached please find the City of Fellsmere assignments of liaisons to the County and Regional Boards for 2018-2019. 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@000EFA8C\@BCL@000EFA8C.doc 2018-2019 CITY OF FELLSMERE REPRESENTATION IND/AN RIVER COUNTY - COMMITTEES & ADVISORY BOARDS Must be Elected Officials 1. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS Jo& Tyson, Vice Mayor — Member Sara Savage, Council Member - Alternate Member Meets Monthly 1St Wednesday @ 10:00 a.m., Ft. Pierce 2. TREASURE COAST REGIONAL LEAGUE OF CITIES Joel Tyson, Mayor —Member Sara Savage, Vice Mayor — Alternate Member 3. BEACH 8 SHORE PRESERVATION Inocensia "Ino" Hernandez, Council Member— Member Fernando Herrera, Mayor Pro -Tem — Alternate Member 4. ECONOMIC DEVELOPMENT COUNCIL Sara Savage, Council Member — Member Jessica Salgado, Council Member—Alternate Member 5. ELECTED OFFICIALS OVERSIGHT COMMITTEE Jessica Salgado, Council Member — Member Sara Savage, Vice Mayor — Alternate Member 6. METROPOLT/AN PLANNING ORGANIZATION Sara Savage, Vice Mayor — Member Joel Tyson, Mayor—Alternate Member Meets bi-monthly 3rd Wed. @ 10:00 am Various locations Meets Monthly 3rd Monday at 3:00 pm IRC Admin Bldg B Meets Monthly 3rd Tuesday @ 3:30 pm IRC Admin Bldg B Meets once per year Meets Monthly 2nd Wednesday @ 10 am IRC Admin Bldg B 7. SCHOOL CONCURRENCY WORK/NG GROUP COMMITTEE Jessica Salgado, Council Member - Jason Nunemaker, City Manager Meets twice per year: 1st week of February, 3rd week of March, & Warren W. Dill, City Attorney IRC Admin Bldg A TREASURE COAST REGIONAL PLANNING COUNCIL Joel Tyson, City Alternate to Town of Orchid Staff Appointments Meets Monthly 3rd Friday at 9:30 a.m./Stuart MPO BICYCLE ADVISORY COMMITTEE Meets 4th Thursday Monthly @ 2 p.m., IRC Admin Bldg. B Chief Keith Touchberry MPO TECHNICAL ADVISORY COMMITTEE Jason R. Nunemaker, City Manager Mark D. Mathes, Alternate Meets 4th Friday Monthly @ 10 a.m., IRC Admin Bldg B AFFORDABLE HOUSING ADVISORY COMMITTEE As Needed Mark D. Mathes, Member FACT Jessica Salgado, Council Member Citizen Appointments MPO CITIZENS ADVISORY COMMITTEE Meets 1St Tuesday Monthly @ 2 p.m., IRC Admin Bldg B Clarence Korker SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE Meets once per year- April @ 3 p.m., IRC Admin Bldg B Yolanda Gamez IRCCOMLIST_18 ,9FINAL(2).DOC 3 FILED 12/17/2018 DOCUMENT NO. 07529-2018 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION -1 .0 In re: Petition for 12 -month extension of voluntary solar partnership rider and program, by Florida Power & Light Company. DOCKET NO. 20180160 -EI ORDER NO. PSC -2018 -0581 -TRF -EI ISSUED: December 17, 2018 The following Commissioners participated in the disposition of this matter: ART GRAHAM, Chairman JULIE I. BROWN DONALD J. POLMANN GARY F. CLARK ANDREW GILES FAY ORDER APPROVING VOLUNTARY SOLAR PARTNERSHIP EXTENSION BY THE COMMISSION: Background On August 31, 2018, Florida Power & Light Company (FPL) filed a petition for a one- year extension of its Voluntary Solar Partnership (VSP) program and associated tariff. The VSP program was first approved in Order No. PSC -14 -0468 -TRF -EI (initial VSP order) as a pilot program that would terminate on December 31, 2017.1 Due to the time needed for FPL to complete billing system modifications, the billing of VSP program participants for the monthly $9 charge did not start until May 2015. In Order No. PSC -2017 -0499 -TRF -EI, this Commission approved a one-year extension (from December 31, 2017 to December 31, 2018) to allow FPL to gather additional data regarding the durability of customer interest over a more substantial period of time. 2 The VSP program offers all FPL customers an opportunity, for $9 per month, to participate voluntarily in a program designed to contribute to the construction and operation of solar photovoltaic generation facilities located in communities throughout FPL's service territory. FPL markets the VSP program to its customers as FPL SolarNow. Customers may enroll or cancel their enrollment at any time. FPL's proposed tariff revision, as shown in Attachment A to the order, changes the termination date for service under the VSP program from I Order No. PSC -14 -0468 -TRF -EI, issued August 29, 2014, in Docket No. 140070 -EI, In re: Petition for approval of voluntary solar partnership pilot program and tariff, by Florida Power & Light Company. 2 Order No. PSC -2017 -0499 -TRF -EI, issued December 29, 2017, in Docket No. 20170212 -EI, In re: Petition for one-year extension of voluntary solar partnership rider and program, by Florida Power & Light Company. r ORDER NO. PSC -2018 -0581 -TRF -EI DOCKET NO. 20180160 -EI PAGE 2 December 31, 2018 to December 31, 2019. This Commission has approved similar community solar tariffs for Gulf Power Company3 and Duke Energy Florida, LLC.4 FPL waived the 60 -day file and suspend provision of Section 366.06(3), Florida Statutes (F.S.), until our December 11, 2018 Agenda Conference. During the evaluation of the petition, Commission staff issued two data requests to FPL for which responses were received on October 15, 2018 and November 14, 2018. This Commission has jurisdiction in the matter pursuant to Sections 366.05, 366.06, and 366.075, F.S. Decision The VSP program was designed for FPL to use the voluntary customer contributions to support the revenue requirement associated with constructing and operating the solar facilities supported under the program so that non -participants are not required to subsidize these solar facilities. The revenue requirement includes a return, depreciation, operations and maintenance (O&M) expenses, and other costs such as property taxes and insurance. As required by the initial VSP order, marketing and administrative expenses are capped at 20 percent of participant contributions. The voluntary contributions did not cover the revenue requirement in 2015; however, for 2016 through 2018, FPL showed that the revenues received under the VSP program are greater than the revenue requirement of the solar facilities. Thus, the net impact to all customers has been positive since 2016. FPL projects that the voluntary customer contributions will total $6,717,000 by December 2018, while the total revenue requirement for the VSP program will total $5,100,000.5 The electricity generated by the solar facilities displaces fuel that otherwise would have been used for generation, resulting in avoided fuel costs. FPL calculated the fuel savings to be $43,000, resulting in a positive net impact to all customers of $1,660,000,6 which will be used to support additional solar facilities under the program. As discussed in the initial VSP order, FPL is sizing the solar projects supported by the program based on the level of participation. FPL currently has 84 solar structures at 39 locations completed for a total of 1,395 direct current kilowatts (kW) of solar capacity. An additional 53 solar structures are under construction at 22 locations. FPL stated that the completed and planned solar projects comprise a diverse set of assets, including ground -mount structures, rooftop installations, covered walkways, parking canopies, and tree -like structures. The installation size of the projects ranges from three kW to 200 kW. 3 Order No. PSC -16 -0119 -TRF -EG, issued March 21, 2016, in Docket No. 150248 -EG, In re: Petition for approval of community solar pilot program, by Gulf Power Company. 4 Order No. PSC -2017 -0451 -AS -EU, issued November 20, 2017, in Docket No. 20170183 -EI, In re: Application for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate adjustments, by Duke Energy Florida, LLC. 5 Amounts reflect actuals through June 2018 and forecasted data for July 2018 — December 2018. See FPL's response to Commission staff's first set of data request No. 1. 6 $6,717,000 — $5,100,000 + $43,000 = $1,660,000. 7 FPL provided a complete listing of all completed and planned solar projects in response to Commission staff's first data request, No. 4. ORDER NO. PSC -2018 -0581 -TRF -EI DOCKET NO. 20180160 -EI PAGE 3 The O&M expenses for the VSP program include the land lease payments made to host locations. In response to Commission staffs data request, FPL explained that the solar facilities incurred minimal damage as a result of storms or hurricanes. FPL stated that the solar facilities are being built to comply with the local building and wind codes and there are no specific pre - storm preparations required. FPL ensures the facilities are operational and safe through regular maintenance and inspections. Table 1 below shows the total number of customers participating in the VSP program for the period May 2015 through December 2018. As of August 2018, there are 36,024 participants and FPL projects 40,550 participants by year end. FPL stated that, on average, the monthly new enrollments have more than offset the number of participants who have elected to unsubscribe. Table 1 VSP Participants Source: FPL response to Commission staffs first and second data requests *forecasted number Marketing and Participant Preference FPL stated that it markets the VSP program through monthly email campaigns, eNewsletters, bill inserts, social media, and flyers. Monthly blogs are used to keep an ongoing dialogue with program participants and the eNewsletters provide project updates to the participants. FPL explained that it has learned the importance of creating ties with the communities and host locations to keep participants' interested and aware of ongoing projects in the area. Based on feedback from participants, FPL stated that the solar canopies and trees are the participants' preferred solar projects. The solar canopy generates more power and offers the additional function of providing shaded seating and shaded parking lots. The solar trees were well received for their artistic appearance and provision of shade, as well as seating, and serving as a convenient charging station. FPL's Planned New Shared Solar Program In last year's petition for a one-year extension of the VSP program (Docket No. 20170212 -El), FPL stated that it is developing, for our approval within the next year (2018), a new large scale solar program (shared solar program). The shared solar program would provide participants with direct credits on their electric bill associated with energy generated by the Total Participants (Residential and Commercial) May 2015 156 May 2016 3,070 May 2017 19,309 May 2018 34,646 August 2018 36,024 December 2018* 40,550 Source: FPL response to Commission staffs first and second data requests *forecasted number Marketing and Participant Preference FPL stated that it markets the VSP program through monthly email campaigns, eNewsletters, bill inserts, social media, and flyers. Monthly blogs are used to keep an ongoing dialogue with program participants and the eNewsletters provide project updates to the participants. FPL explained that it has learned the importance of creating ties with the communities and host locations to keep participants' interested and aware of ongoing projects in the area. Based on feedback from participants, FPL stated that the solar canopies and trees are the participants' preferred solar projects. The solar canopy generates more power and offers the additional function of providing shaded seating and shaded parking lots. The solar trees were well received for their artistic appearance and provision of shade, as well as seating, and serving as a convenient charging station. FPL's Planned New Shared Solar Program In last year's petition for a one-year extension of the VSP program (Docket No. 20170212 -El), FPL stated that it is developing, for our approval within the next year (2018), a new large scale solar program (shared solar program). The shared solar program would provide participants with direct credits on their electric bill associated with energy generated by the ORDER NO. PSC -2018 -0581 -TRF -EI DOCKET NO. 20180160 -EI PAGE 4 blocks of solar capacity. FPL stated in the instant petition that the reason for the delayed filing for its shared solar program is that FPL needs more time to better assess market support for the new program. In addition, FPL expects to collect additional data on how the new program would impact the existing VSP program and to fmalize the design and implementation plans for the shared solar program in 2019. Specifically, FPL stated that it will be examining three areas: (1) the market potential for each program, (2) which aspects of each program appeal to various customer groups, and (3) whether introducing the shared solar program could cause customers to migrate out of the VSP program and, if so, at what rates. This research will assist FPL in making an informed recommendation regarding the future of the VSP program. Conclusion We agree with FPL that a one-year extension of the tariff will allow FPL to complete and evaluate its research regarding how the VSP program and the planned shared solar program would impact one another. We, therefore approve the one-year extension of the VSP program and tariff. The revised tariff, as shown in Attachment A, shall be effective January 1 to December 31, 2019. Prior to the expiration of the VSP program (December 31, 2019), FPL shall petition this Commission regarding the future of the VSP program. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the one-year extension of Florida Power & Light Company's VSP program is approved. It is further ORDERED that the revised tariff, as shown in Attachment A, shall be effective January 1 to December 31, 2019. It is further ORDERED that prior to the expiration of the VSP program (December 31, 2019), FPL shall petition this Commission regarding the future of the VSP program. It is further ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff shall remain in effect with any charges held subject to refund pending resolution of the protest. It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. 3 4 ORDER NO. PSC -2018 -0581 -TRF -EI DOCKET NO. 20180160 -EI PAGE 5 JEN By ORDER of the Florida Public Service Commission this 17th day of December. 2018. eel(tiOf&CARLOTTA S. STA ER� Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on January 7, 2019. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2018 -0581 -TRF -EI DOCKET NO. 20180160 -EI PAGE 6 FLORIDA POWER & LIGHT COMPANY Attachment A firstSecond Revised Sheet No. 8.930 Cancels OriginalFirst Sheet 8.930 VOLUNTARY SOLAR PARTNERS1f1P RIDER (OPTIONAL PILOT PROGRAM) RATE SCHEDULE: VSP AVAILABLE: In all territory served by FPL ("the Company") to customers receiving service under any FPL metered rate schedule. This voluntary solar partnership pilot program ("VSP Program", "the Pilot") provides customers an opportunity to participate in a program designed to construct and operate commercial -scale, distributed solar photovoltaic facilities located in communities throughout FPL's service territory. Service under this rider shall terminate December 31, 49152019, unless extended by order of the Florida Public Service Commission ("FPSC"), or terminated earlier by the Company upon notice to the FPSC. APPLICATION: Available upon request to all customers in conjunction with the otherwise applicable metered rate schedule. LIMITATION OF SERVICE: Any customer under a metered rate schedule who has no delinquent balances with the Company is eligible to elect the VSP Program. A customer may terminate participation in the VSP Program at any time and may be terminated from the Pilot by the Company if the customer becomes subject to collection action on the customer's service account. CHARGES: Each voluntary participant shall agree to make a monthly contribution of 89.00, in addition to charges applied under the otherwise applicable metered rate schedule. Customer billing will start on the next scheduled billing date upon notification of scrvicc request. The VSP Program contribution will not be prorated if the billing period is for less than a full month Upon participant's notice of termination, no VSP Program contribution will be assessed in the billing period in which participation is terminated TERM OF SERVICE: Not less than one (1) billing period. SPECIAL. PROVISIONS: Upon customer request, program participation may continue at a new service address if the customer moves within FPL's scrvicc territory'. RULES AND REGULATIONS: Service under this rider is subject to orders of govemmental bodies having jurisdiction and to the currently effective "General Rules and Regulations for Electric Service" on file with the Florida Public Service Commission. In case of conflict between any provisions of this schedule and said "General Rules and Regulations for Electric Service" the provisions of this rider shall apply. Issued by:TjtTanv Cohen, Director, Rates and Tariffs Effective:.Innuurr -3018 7c Informational Matters - B.C.C. 01.08.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attomey MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 21, 2018 SUBJECT: Economic Development Council — Sebastian River Area Chamber of Commerce Representative On December 13, 2018, an email was sent to the County Attorney Office via IRC Forms from Beth Mitchell of Sebastian Chamber of Commerce notifying us that she will be retiring at the end of December, 2018. Ms. Mitchell also informed us that Ophelia Angelone has been appointed as the Sebastian River Area Chamber of Commerce representative, with Amber Batchelor as the Alternate. ATTACHMENT(S). • December 13, 2018 — Email to IRC Forms/Sandy Wright/Dylan Reingold DR:cm F:IAttorney1ChristinalCOMMITTEES1Genera/ MatterslBCC Agenda MemoslEDC - Memo etc1181226 Vacancy-Appomtmen (EDC) - BMitche[Ldocs 4 Sandy Wright From: IRC Forms Sent: Thursday, December 13, 2018 1:28 PM To: Sandy Wright Subject: Contact Form - Economic Development Council The following was sent from the contact form on ircgov.com: Name Beth Mitchell Email bmitchell@sebastianchamber.com Address 700 Main St. Phone 7725895969 Subject Economic Development Council Message Dylan, I am retiring the end of this month, and the Sebastian River Area Chamber of Commerce has appointed Ophelia Angelone to replace me on the EDC. My replacement, Amber Batchelor will be the alternate for the Sebastian River Area Chamber of Commerce. Could you please advise on procedure to make these changes? Thank you! More Info: Form Submission Time 12/13/2018 13:29:30 EST( -0500 GMT) Visitors IP 69.254.31.16 Unique ID e75e0e32c1a73f8e645701c574666061 staff = at 5 70 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: December 31, 2018 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 12/31/18. ATTACHED: • All Aboard Fl. expenses through 12/31/18 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 12/31/18 spreadsheet. FP&L purchased the City of Vero Beach Electric on December 17, 2018. This will be the last update of expenses. 6 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 -16/17 in add 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million -Budget amendment to be posted Acct#00110214-033110.15023 Legal Services Date Vendor 12/27/2018 Bryan Cave LLP 12/5/2018 McDermot,Will & Emery LLP 12/3/2018 Bryan Cave LLP ition to prior authorizations Legal Services Amount Note $26,535.95 Fees for Legal Service -November 2018 $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $52,952.15 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 Bryan Cave LLP 9/30/2018 Bryan Cave LLP 9/10/2018 Bryan Cave LLP 8/24/2018 McDermot,Will & Emery LLP 8/8/2018 Bryan Cave LLP 7/18/2018 McDermot,Will & Emery LLP 7/17/2018 Bryan Cave LLP 7/2/2018 McDermot,Will & Emery LLP 6/13/2018 Bryan Cave LLP 5/29/2018 McDermot,Will & Emery LLP 5/15/2018 Bryan Cave LLP 5/7/2018 McDermot,Will & Emery LLP 4/9/2018 Bryan Cave LLP 4/9/2018 McDermot,Will & Emery LLP 3/14/2018 Bryan Cave LLP 3/7/2018 McDermot,Will & Emery LLP 2/20/2018 Bryan Cave LLP 2/2/2018 McDermot,Will & Emery LLP 1/17/2018 Bryan Cave LLP 12/19/2017 McDermot,Will & Emery LLP 12/19/2017 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 $72,352.66 Fees for Legal Service -Sept 2018 $60,392.05 Fees for Legal Service -Aug 2018 $109,699.89 Fees for Legal Service -July 2018 $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 $49,360.27 Fees for Legal Service -June 2018 $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 $14,257.36 Fees for Legal Services -May 2018 $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 $30,148.74 Fees for Legal Services -April 2018 $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 $23,853.70 Fees for Legal Services -March 2018 $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 $56,189.09 Fees for Legal Services -Feb 2018 $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb $58,782.89 Fees for Legal Services -Jan 2018 $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan $32,662.90 Fees for Legal Services -Dec 2017 $10,000.00 IRC Legislative Advocacy Matters -Dec $6,358.50 Fees for Legal Services -Nov 2017 $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 Bryan Cave LLP 9/30/2017 Bryan Cave LLP 9/27/2017 Bryan Cave LLP 8/15/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 6/13/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 1/24/2017 Shubin & Bass PAS 1/17/2017 Bryan Cave LLP 1/17/2017 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Shubin & Bass PAS $10,033.78 Fees for Legal Services -Aug & Sept $10,000.00 IRC Legislative Advocacy Matters $2,995.50 Fees for Legal Services -Sept 2017 $1,119.00 Fees for Legal Services -Aug 2017 $13,195.60 Fees for Legal Services -July 2017 $5,893.00 Fees for Legal Services -June 2017 $20,729.17 Fees for Legal Services -May 2017 private activity bonds $1,551.00 Fees for Legal Services- May 2017 $823.50 Fees for Legal Services -April 2017 $2,608.50 Fees for Legal Services -March 2017 $77.02 Fees for Legal Service -March 2017 private activity bonds $3,385.90 Fees for Legal Services -Feb 2017 $375.00 Fees for Legal Services -Feb 2017 private activity bonds $11,097.20 Fees for Legal Services -Jan 2017 $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds $342.50 Fees for Legal Services- Dec 2016 $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds $4,795.00 Fees for Legal Services -Nov 2016 $534.50 Fees for Legal Services -Nov 2016 $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds $1,722.50 Fees for Legal Services -Oct 2016 $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS 9/14/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds $20,358.95 Fees for Legal Services -Aug 2016 $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds $28,277.00 Fees for Legal Services -Sept 2016 $22,949.40 Fees for Legal Services -Aug 2016 $15,581.00 Fees for Legal Services -July 2016 $14,149.70 Fees for Legal Services -July 2016 7 Date Vendor 9/14/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 7/27/2016 Shubin & Bass PAS 7/19/2016 Bryan Cave LLP 7/19/2016 Bryan Cave LLP 6/21/2016 Shubin & Bass PAS 6/14/2016 Bryan Cave LLP 6/14/2016 Bryan Cave LLP 5/24/2016 Shubin & Bass PAS 5/3/2016 Shubin & Bass PAS 4/19/2016 Bryan Cave LLP 4/19/2016 Bryan Cave LLP 4/6/2016 Bryan Cave LLP 4/6/2016 Nabors & Giblin 3/30/2016 Shubin & Bass PAS 3/16/2016 Bryan Cave LLP 3/16/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 12/8/2015 Bryan Cave LLP 12/8/2015 Bryan Cave LLP Amount Note $3,457.13 Fees for Legal Services -July 2016- private activity bonds $72,430.59 Fees for Legal Services -June 2016- private activity bonds $1,754.00 Fees for Legal Services -June 2016 $17,550.50 Fees for Legal Services -June 2016 $3,561.50 Fees for Legal Services -May 2016 $9,255.65 Fees for Legal Services -May 2016 -private activity bonds $11,591.49 Fees for Legal Services -May 2016 $27,804.30 Fees for Legal Services -April 2016 $386.10 Fees for Legal Services -April 2016 -private activity bonds $29,983.35 Fees for Legal Services -April 2016 $21,968.25 Fees for Legal Services -March 2016 $19,845.75 Fees for Legal Services -March 2016 $128,696.58 Fees for Legal Services -March 2016 -private activity bonds $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds $150.00 Fees for Legal Services -August 2015 $7,575.75 Fees for Legal Services -Feb 2016 $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds $22,207.65 Fees for Legal Services -Jan 2016 $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds $6,767.90 Fees for Legal Service -Dec 2015 $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 520,948.09 Fees for Legal Services Nov 2015 $27,303.95 Fees for Legal Services Oct 2015 $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/2/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 6/18/2015 Nabors Giblin & Nickerson PA 5/20/2015 Nabors Giblin & Nickerson PA 05/12/15 Bryan Cave LLP 05/12/15 Bryan Cave LLP 04/20/15 Bryan Cave LLP 3/24/15 Nabors Giblin & Nickerson PA" 2/24/15 Nabors Giblin & Nickerson PA* 12/22/14 Bryan Cave LLP 12/10/14 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds $81,436.99 Fees for Legal Services -Aug 2015 $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds $51,636.09 Fees for Legal Services -July 2015 private activity bonds $6,307.05 Fees for Legal Services -July 2015 550,710.86 Fees for Legal Services -June 2015 private activity bonds $37,687.25 Fees for Legal Services -June 2015 $178,503.50 Fees for Legal Services -May 2015 private activity bonds $37,048.25 Fees for Legal Services -May 2015 $177,071.70 Fees for Legal Services -April 2015 $28,871.78 Fees for Legal Services -April 2015 private activity bonds ($250.00) Martin county paid 1/2 $500.00 Fees for Legal Services $28,877.05 Fees for Legal Services $145,105.00 Fees for Legal Services $4,107.50 Fees for Legal Services $617.49 IRC 1/3 Portion of Legal Fees 55,593.56 IRC 1/3 Portion of Legal Fees $33,252.60 Fees for Legal Services $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP 9/30/14 Bryan Cave LLP 9/17/14 Bryan Cave LLP $26,975.60 Fees for Legal Services $638.70 Fees for Legal Services $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services 11/27/2018 Scripps 11/21/2018 Gail E. Flinn Other Professional Services $92.40 Legal Advertising $350.00 Transcription Services Subtotal Expenses FY 18/19 $442.40 9/30/2018 Copy Charges 8/30/2018 Florida Dept of Transportation 7/10/2018 Florida Dept of Transportation $32.96 Copies 582.84 Public Records Request -balance $82.84 Public Records Request Subtotal Expenses FY 17/18 $198.64 4/28/2017 Martin County 50% reimbursement 4/18/2017 Triad Railroad Consultants 2/20/2017 Atkins North America,Inc. 1/24/2017 Triad Railroad Consultants 12/1/2016 VB Court Reporters 12/1/2016 Scripps -$3,380.35 50% reimbursement $6,760.69 Expert Witness $1,607.00 Drainage Reports & calculations 513,396.11 $300.00 St Johns Admin Hearing $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 8 Date Vendor 9/30/2016 GK Environmental 9/30/2016 Triad Railroad Consultants 9/30/2016 Atkins North America,lnc. 9/30/2016 Federal Express 8/5/2016 GK Environmental 7/12/2016 Dylan Reingold-travel to Wash DC 6/1/2016 US Legal Support Inc. 5/23/2016 Federal Express 5/11/2016 GK Environmental 4/19/16 GK Environmental 1/26/2016 Federal Express 1/25/2016 VB Court Reporting Amount 55,580.00 $24,758.59 Review AAF 90% & plans $20,782.50 Drainage Reports & calculations 58.18 $2,040.00 5928.37 AAF Hearing $160.80 AAF Hearing Certified Transcriber 56.10 Shipping $6,000.00 Prelim wetland determination $1,875.00 Prelim wetland determination 56.85 Shipping 5417.50 IRC vs Rogoff Note Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold 9/16/2015 Federal Express 8/25/2015 Railroad Consultant Group 8/25/2015 Railroad Consultant Group 7/14/2015 Federal Express 7/2/2015 William M Sampson 6/16/2015 Federal Express 6/10/2015 Dylan Reingold-travel to Wash DC 5/12/2015 Treasury of the United States 5412.00 Reimburse for case filing $3.92 Shipping 536,053.97 Rail Safety Study 5435.00 Rail Safety Study 56.31 Shipping $6,875.00 Rail Crossing Analysis $7.84 Shipping $446.11 Preliminary Hearing 5570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 Travel 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense 5156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $705.39 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando 5111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 591.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando 5110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 591.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg 5161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner 5167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold 5548.74 Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air 9/30/2017 American Airlines 9/30/2017 Jet Blue 9/30/2017 Jet Blue 9/30/2017 Bob Solari -travel to Washington DC Acct#00110214-034020-15023 9/30/2017 Kate Cotner -travel to Washington DC 9/30/2017 Dylan Reingold-travel to Washington DC 6/28/2017 Kate Cotner -Tag Meeting All Travel $191.80 5193.20 5168.20 525.00 $869.98 with OMB,Senator & Congressman & FDOT All Travel $768.02 $753.49 $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold 4/6/2016 Aloft Hotel 12/16/2015 Kimberly Graham 12/2/2015 Kate Cotner -FAC Legislative Conference 5106.26 Hearing 5109.00 MHG Tallahassee AL P -Dylan Reingold 5901.76 Fed Railway Assoc. Mtg-Washington DC 519.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando 8/26/2015 Dylan Reingold 8/26/2015 Kate Cotner 5271.36 Orlando -Travel -Fl. Dev. Finance Corp $75.26 (55.36) Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 9 Date Vendor Acct#11124319-033190 7/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 11/26/14 CDM Smith Inc 11/21/14 CDM Smith Inc Amount Note Other Professional Services $23,454.00 Work Order 10 EIS $6,973.40 Work Order 13 Noise Monitoring $2,122.50 Work Order 10 EIS $5,605.00 Work Order 10 EIS $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 9/30/14 CDM Smith Inc 8/29/14 CDM Smith Inc 8/08/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring $8,077.00 Work Order 10 EIS $4,135.00 Work Order 10 EIS $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $54,099.94 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total expenses processed as of 12/31/18 $2,985,820.69 Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 $1,047,699.78 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.53 Remaining Balance $993,599.84 10 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman Subtotal Expenses FY 16/17 9/30/2016 Berger Singerman 9/20/2016 Berger Singerman 8/16/2016 Berger Singerman 7/19/2016 Berger Singerman 6/14/2016 Berger Singerman 5/24/2016 Berger Singerman 5/4/2016 Berger Singerman 2/9/2016 Berger Singerman 1/20/2016 Berger Singerman 12/22/2015 Berger Singerman 12/8/2015 King Reporting & Video 11/17/2015 Berger Singerman Subtotal Expenses FY 15/16 9/30/2015 Berger Singerman 9/21/2015 Berger Singerman 8/18/2015 Berger Singerman 7/22/2015 Berger Singerman 7/1/2015 Berger Singerman 6/3/2015 Nabors Giblin & Nickerson 5/20/2015 Carolos Alvarez,Esq 4/20/2015 Gonzalez Saggio & Harlan 4/2/2015 Gonzalez Saggio & Harlan 3/23/2015 Gonzalez Saggio & Harlan 3/23/2015 Nabors Giblin & Nickerson 2/2/2015 Gonzalez Saggio & Harlan 1/16/2015 Gonzalez Saggio & Harlan 12/3/2014 Gonzalez Saggio & Harlan Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan 9/30/2014 Gonzalez Saggio & Harlan 8/15/2014 Gonzalez Saggio & Harlan 7/22/2014 Gonzalez Saggio & Harlan $880.00 $1,072.50 $632.50 $275.00 $275.00 $605.00 $495.00 $1,650.00 $1,265.00 $11,722.50 $15,090.00 $457.75 $2,172.50 $5,462.50 $25,370.00 $10,150.00 $7,855.00 $29,622.50 $312.50 $1,878.10 $10,582.50 $26,713.48 $10,312.50 $4,161.72 $22,882.98 $16,610.00 $8,824.24 $7,821.90 $30,144.31 $12,292.50 $8,415.00 $880.00 $35,712.75 $180,738.02 Subtotal Expenses FY 13/14 $58,673.71 11 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc 4/22/2016 RW Wilson & Assoc 4/8/2016 RW Wilson & Assoc 3/24/2016 RW Wilson & Assoc 3/24/2016 RW Wilson & Assoc 2/9/2016 Federal Express 1/20/2016 RW Wilson & Assoc 1/8/2016 RW Wilson & Assoc 12/22/2015 RW Wilson & Assoc $4,090.00 $4,090.00 $4,090.00 $4,090.00 $4,090.00 $4.85 $4,090.00 $4,090.00 $4,090.00 Subtotal Expenses FY 15/16 9/30/2015 RW Wilson & Assoc 9/11/2015 RW Wilson & Assoc 8/14/2015 RW Wilson & Assoc 7/21/2015 Kate Cotner Reimbursement 7/10/2015 RW Wilson & Assoc 5/26/2015 RW Wilson & Assoc 5/21/2015 Scripps Treasure Coast 3/4/2015 RB Oppenheim Assoc 2/13/2015 FMPA-copy of audio 1/16/2015 Scripps Treasure Coast 11/19/2014 Scripps Treasure Coast $32,724.85 Subtotal Expenses FY 14/15 9/30/2014 Scripps Treasure Coast 9/10/2014 Scripps Treasure Coast Subtotal Expenses FY 13/14 Travel 12/4/2018 Dylan Reingold-PSC final hearing Tallahassee 11/27/18 11/20/2018 Dylan Reingold-PSC hearing Tallahassee 10/17-18/18 11/1/2018 Peter O'Bryan-PSC meeting Tallahassee 10/17-18/18 10/24/2018 Tim Zorc-PSC meeting Tallahassee 10/17-18/18 10/16/2018 Dylan Reingold-PSC Hearing 10/2-3/18 10/16/2018 Dylan Reingold-PSC Hearing 10/7-8/18 10/9/2018 Tim Zorc-PSC Pre -Hearing Subtotal Expenses FY 18/19 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee 6/19/2018 Peter O'Bryan-PSC meeting Tallahassee 6/19/2018 Tim Zorc-PSC meeting -Tallahassee 3/21/2018 Tim Zorc-FMPA meeting -Orlando 1/23/2018 Tim Zorc-FMPA meeting -Orlando 12/19/2017 Tim Zorc-FMPA meeting -Orlando Subtotal Expenses FY 17/18 3/16/2016 Dylan Reingold-FL Senate Committee mtg 3/8/2016 Courtyard by Marriot 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $4,090.00 $4,090.00 $4,090.00 $50.00 $4,090.00 $4,090.00 $71.76 $4,625.00 $119.13 $70.98 $63.96 $87.36 $88.92 $449.50 $594.50 $478.23 $513.59 $490.50 $452.23 $485.52 $98.00 $353.39 $380.74 $97.82 $99.16 $100.71 $394.25 $98.00 $372.39 $149.00 $437.53 $25,450.83 $176.28 $3,464.07 $1,129.82 Subtotal Expenses FY 15/16 $1,451.17 12 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $75.26 $36.00 Subtotal Expenses FY 14/15 $111.26 Total Expenses FY 18/19 Total expenses FY 17/18 Total expenses FY 16/17 Total expenses FY 15/16 Total expenses FY 14/15 Total expenses FY 13/14 $3,464.07 $1,129.82 $880.00 $69,888.77 $206,300.11 $58,849.99 Total expenses processed as of 12/31/18 $340,512.76 Budget Authorization 10/1/2018 FY 18/19 Budget to be "rolled" into new year 10/1/2017 FY 17/18 Budget 10/1/2016 FY 16/17 Budget 10/1/2015 FY 15/16 Budget 9/15/2015 Legal Services 3/18/2015 Legal Services 5/5/2014 Legal Services Budget $67,779.18 $1,129.82 $880.00 $69,888.77 $35,150.00 $130,000.00 $100,000.00 Total Board Authorized Budget $404,827.77 Remaining Balance $64,315.01 13 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7E Vero Beach Home Show Jan 12-13 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am-4pm www.patriotshows.com Florida Music Food Initiative Concert: Variety of Bands Jan 12 @ North County Library: • 1-3pm - FREE Live music Travel Expo 2019 by Dream Vacations Jan 15 @ iG Center: • Tuesday 4-7pm www.garretttravel.com Community Office Hours Event Jan 17 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams Inaugural Rail Trail 5K by The Executive Roundtable of Indian River County Jan 19 @ North County Regional Park: • Saturday 8am Vero Beach Gun Show Jan 19-20 @ IRC Fairgrounds: • Saturday 9am-5pm • Sunday 9am-4pm www.patriotshows.com The Marian Fell Library Grand Opening Jan 24 @ Marian Fell Library: • Saturday 1-5pm Vero Beach Antique Extravaganza Jan 25-27 @ IRC Fairgrounds: • Friday 12-5pm • Saturday 9am-5pm • Sunday 9am-4pm 14 Rimfire Challenge - Shooting Tournament Jan 26 @ Indian River County Shooting Range: • 9:30am-12:30pm - By Rimfire Challenge Shooting Associates Transforming Landscapes - by Pelican Audubon Feb 2 @ IRC Fairgrounds: • 9am-5pm South County Community Meeting Feb 4 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Music of Frank Sinatra Free Concert Feb 6 @ North County Library: • 6-7pm Suebonnett Sue Quilter Show Feb 9 @ IRC Fairgrounds: • 9am-4pm Indian River Dog Training Club Feb 9 @ IRC Fairgrounds: • 7am-7pm Pickleball Mini Boot Camp Feb 13 @ iG Center: • Session 1: 1-2:15pm • Session 2: 2:30-3:45pm www.pickleu.com Thunder on the Beach Pow Wow Feb 15 @ IRC Fairgrounds: • 3-9:30pm Community Office Hours Event Feb 21 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams 18th Annual Daddy Daughter Dance - Candyland Theme Feb 23 @ iG Center: • 6-8:30pm Rimfire Challenge - Shooting Tournament Feb 23 @ Indian River County Shooting Range: • 9:30am-12:30pm - By Rimfire Challenge Shooting Associates 15 JEFFREY R. SMITH, CPA, CGFO, CG MA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 13, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 7, 2018 to December 13, 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 December 7, 2018 to December 13, 2018. 16 TRANS NBR 375620 375621 375622 375623 375624 375625 375626 375627 375628 375629 375630 375631 375632 375633 375634 375635 375636 375637 375638 375639 375640 375641 375642 375643 375644 375645 375646 375647 375648 375649 375650 375651 375652 375653 375654 375655 375656 375657 375658 375659 375660 375661 375662 375663 375664 375665 375666 375667 375668 375669 375670 375671 375672 375673 375674 375675 375676 375677 DATE 12/10/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/132018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 CHECKS WRITTEN VENDOR INDIAN RIVER COUNTY SHERIFF PORT CONSOLIDATED INC JORDAN MOWER INC COMMUNICATIONS INTERNATIONAL COMMUNICATIONS INTERNATIONAL RICOH USA INC RICOH USA INC VELDE FORD INC DELTA SUPPLY CO GRAINGER REPUBLIC SERVICES INC HACH CO LFI FORT PIERCE INC CLIFF BERRY INC BOUND TREE MEDICAL LLC TIRESOLES OF BROWARD INC CITY ELECTRIC SUPPLY DELL MARKETING LP GOLF SPECIALTIES INC BAKER & TAYLOR INC MIDWEST TAPE LLC MICROMARKETING LLC BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC PALM TRUCK CENTERS INC GO COASTAL INC SOFTWARE HARDWARE INTEGRATION BOYS & GIRLS CLUB OF INDIAN CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS FLORIDA FIRE MARSHALS & INSPECTORS ACUSHNET COMPANY ST JOHNS RIVER WATER MGMT DISTRICT ST JOHNS RIVER WATER MGMT DISTRICT FEDERAL EXPRESS CORP TIMOTHY ROSE CONTRACTING INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT CITY OF FELLSMERE WASTE MANAGEMENT INC GOVERNMENT FINANCE OFFICERS ASSOC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FLORIDA DEPT OF ENVIRONMENTAL PROTECTION TREASURE COAST SPORTS COMMISSION INC UNITED STATES GOLF ASSOCIATION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC BE SAFE SECURITY ALARMS INC HENRY SMITH AMOUNT 180.00 856.97 32.51 176.00 176.00 261.13 22.15 351.07 239.20 104.08 706,501.06 4,366.70 255.30 159.95 1,620.96 776.98 227.27 150.00 1,500.00 587.18 265.12 413.37 269.20 269.12 97.30 254.20 183,780.31 7,500.00 59.00 560.00 11,013.76 889.79 65.90 375.00 4,206.76 1,190.00 2,110.00 45.49 105,657.96 588.14 344.00 116.51 43,491.10 1,728.51 199.02 194,033.94 635.00 250.00 650.00 8,959.36 150.00 2,500.00 2,500.00 2,500.00 2,500.00 833.33 457.55 40.00 1 TRANS NUR 375678 375679 375680 375681 375682 375683 375684 375685 375686 375687 375688 375689 375690 375691 375692 375693 375694 375695 375696 375697 375698 375699 375700 375701 375702 375703 375704 375705 375706 375707 375708 375709 375710 375711 375712 375713 375714 375715 375716 375717 375718 375719 375720 375721 375722 375723 375724 375725 375726 375727 375728 375729 375730 375731 375732 375733 375734 375735 375736 375737 DATE 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/132018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/132018 12/13/2018 12/13/2018 12/13/2018 VENDOR INDIAN RIVER FARMS WATER CNTRL DIST KURT STEFFEN ALAN C KAUFFMANN INSIGHT PUBLIC SECTOR INDIAN RIVER COUNTY HISTORICAL WESTSIDE REPROGRAPHICS OF VERO BEACH INC KEEP INDIAN RIVER BEAUTIFUL INC NABORS GIBLIN & NICKERSON PA PINNACLE GROVE LTD BRIDGESTONE AMERICAS INC PUKKA INC RUSSELL PAYNE INC CELICO PARTNERSHIP U S BANK NATIONAL ASSOCIATION ELECTRONIC ACCESS SPECIALIST BIG BROTHERS AND BIG SISTERS COASTAL TECHNOLOGY CORPORATION SOUTHERN JANITOR SUPPLY INC M T CAUSLEY INC SWANK MOTION PICTURES INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC ETR LLC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT LARRY STEPHENS D&S ENTERPRISES OF VERO BCH LLC NORTH CAROLINA CHILD SUPPORT PETER OBRYAN JOHNNY B SMITH DANE MACDONALD CHARLES A WALKER REDLANDS CHRISTIAN MIGRANT ASSOC CHERYL SCRANTON SOUTHEAST SECURE SHREDDING TREASURE COAST FOOD BANK INC KWACKS INC ROBERT SOLARI NICOLACE MARKETING INC WINSUPPLY OF VERO BEACH SANDY ARACENA GARRETT SMITH BRENNTAG MID -SOUTH INC CREATIVE POWER SOLUTIONS INC ATLANTIC COASTAL LAND TITLE CO LLC ECMC BERMUDA SANDS APPAREL LLC CIT FINANCE LLC MHC OPERATING LIMITED PARTNERSHIP KEITH GROCHOLL REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC GAUDET ASSOCIATES INC CARDINAL HEALTH 110 INC ALEX MIKLO TREASURE COAST TURF INC CARMEN LEWIS PURCHASE NURSERY INC AMOUNT 18,059.40 30.00 240.00 1,665.65 3,960.00 190.00 3,381.61 7,919.36 59.40 646.30 1,294.80 276.02 1,163.58 944.69 147.69 1,875.00 21,193.00 1,323.89 19,580.00 350.00 28,994.75 49.90 3,484.37 34,592.01 302.62 306.73 171.15 40.00 35.00 105.69 155.49 170.00 80.00 80.00 5,281.96 3,967.50 800.00 172.87 16,309.08 177.68 2,733.00 396.39 80.00 40.00 4,641.62 3,942.24 150.00 288.67 953.80 372.42 400.46 40.00 50.70 1,165.00 1,014.51 2,750.47 40.00 383.92 177.00 200.00 2 TRANS NBR 375738 375739 375740 375741 375742 375743 375744 375745 375746 375747 375748 375749 375750 375751 375752 375753 375754 375755 375756 375757 375758 375759 375760 375761 375762 375763 375764 375765 375766 375767 375768 375769 37.5770 375771 375772 375773 375774 375775 375776 375777 375778 375779 375780 375781 375782 375783 375784 375785 375786 375787 375788 375789 375790 375791 375792 375793 375794 375795 375796 375797 DATE 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/132018 12;1 3 2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 VENDOR AMOUNT KATE P COTNER 372.64 FAMILY SUPPORT REGISTRY 9.66 BERNARD EGAN & COMPANY 1,609.98 NAPIER & ROLLIN PLLC 502.50 RONALD NICHELSON 80.00 FLORIDA ASSOCIATION OF EMS 300.00 SYLIVIA MILLER 310.00 COSTELLO BROTHERS MARINE CONSTRUCTION INC 3,616.00 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,605.00 JOSEPH DIZONNO 110.00 UNIFIRST CORPORATION 268.18 SITEONE LANDSCAPE SUPPLY LLC 568.19 GOTTA GO GREEN ENTERPISES INC 111.90 ADVANCE STORES COMPANY INCORPORATED 65.82 PATRIOT PRODUCTIONS LLC 500.00 WURTH USA INC 174.20 AC VETERINARY SPECIALTY SERVICES 224.47 COLTON PARKER 40.00 ALL WEBBS ENTERPRISES INC 111,735.01 COVERALL NORTH AMERICA INC 2,230.00 DEBBIE CARSON 100.00 PEOPLE READY INC 20,376.82 SCORECARDS UNLIMITED LLC 2,845.00 STEVE MIX 715.00 EMILY GOUGE 40.00 COLE AUTO SUPPLY INC 1,557.16 KENNETH JOHNSON 150.46 NORTH CAROLINA DEPARTMENT OF REVENUE 107.22 BETH NOLAN 65.00 DAY DREAMS UNIFORMS INC 386.15 QUIKRETE HOLDINGS INC 888.55 THOMAS R PILIERO 60.00 RECYCLING ROCKS LLC 600.00 RELX INC 400.00 MAXIPLEX LLC 400.00 CALVIN GIORDANO & ASSOCIATES INC 11,156.25 SI LART RUBBER STAMP & SIGN CO INC 46.87 INDIAN RIVER DOCKS LLC 46,688.88 BOTTOMS UP BEVERAGE OF FLORIDA LLC 728.00 STEPHEN STONE 60.00 JOSEPH LORINO 110.00 PICKLEBALL UNIVERSITY INC 460.00 TYCO FIRE & SECURITY MANAGEMENT INC 1,853.10 IM SOLUTIONS INC 950.00 RAMONA MURPHY 19.50 E -BUILDER INC 26,508.47 AMAZON CAPITAL SERVICES INC 116.29 AMAZON CAPITAL SERVICES INC 1,124.57 JANE M ROSENBOHM 250.00 VERONIQUE ORY STURIALE 120.00 GSE HOLDING INC 274,122.20 ISCO INDUSTRIES INC 58,164.22 CALITEN LLC 33.28 COMMONWEALTH OF MASSACHUSETTS 154.00 JOHN TORRES 15.00 AMERIGAS PROPANE LP 540.81 AMERIGAS PROPANE LP 884.19 KANSAS PAYMENT CENTER 219.69 CHARLES FELVUS 100.00 JOHN J DRISCOLL 120.00 3 TRANS NBR 375798 375799 375800 375801 375802 375803 375804 375805 375806 375807 375808 375809 375810 375811 375812 375813 375814 375815 375816 375817 375818 375819 375820 375821 375822 375823 375824 375825 375826 375827 375828 375829 375830 375831 375832 375833 375834 375835 375836 375837 375838 375839 375840 375841 375842 375843 Grand Total: DATE 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 VENDOR DAVID MIKE AUSTIN REYNOLDS MARYANN STEVENSON BUFFALO AND BRANDY INC MASIMO CONSTRUCTION INC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL. REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 100.00 60.00 525.51 300.00 2,008.97 61.96 127.47 33.19 37.11 1.36 32.60 55.05 55.86 245.13 26.97 44.52 92.30 100.00 103.34 24.83 5.12 85.42 72.45 48.44 75.16 40.32 36.13 33.07 76.40 81.48 34.71 84.46 59.69 85.08 21.23 87.80 34.84 29.45 57.59 74.44 114.06 38.54 3.48 50.57 71.59 34.78 2,084,583.34 4 TRANS. NBR 1014269 1014270 1014271 1014272 1014273 1014274 1014275 1014276 1014277 1014278 1014279 1014280 1014281 1014282 1014283 1014284 1014285 1014286 1014287 1014288 1014289 1014290 1014291 1014292 1014293 1014294 1014295 1014296 1014297 1014298 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 12/10/2018 12/10/2018 12/102018 12/11/2018 12/13/2018 12/132018 12/13/2018 12/132018 12/132018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12/13/2018 12:13 2018 12'1;2018 12;13 2018 12:13'2018 12/13/2018 12/13/2018 12/13/2018 12/132018 12/13/2018 12/132018 12/13.2018 VENDOR AT&T WASTE MANAGEMENT INC COMCAST OFFICE DEPOT BSD CUSTOMER SVC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST POLYDYNE INC PARKS RENTAL & SALES INC COPYCO INC NORTH SOUTH SUPPLY INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC GROVE WELDERS INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC HD SUPPLY FACILITIES MAINTENANCE LTD GLOBAL GOLF SALES INC SHRIEVE CHEMICAL CO GREAT SOUTHERN EQUIPMENT CO UNIVERSAL ENGINEERING SCIENCES CONSOLIDATED ELECTRICAL DISTRIBUTORS INC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 16,949.67 2,656.49 104.85 1,878.33 4,865.11 1,325.17 5,783.07 314.85 7,728.00 1,867.83 124.70 497.56 299.69 811.60 3,544.50 85.00 12,296.00 40.29 99.00 1,359.12 101.85 72.75 8,021.18 733.72 16,477.50 333.94 185.28 465.00 70.51 108.00 89.200.56 TRANS NBRR 6404 6405 6406 6407 6408 6409 6410 6411 6412 6413 6414 6415 6416 6417 6418 6419 6420 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 12/07/2018 12/07/2018 12/07/2018 12/10/2018 12/10/2018 12/10/2018 12/10/2018 12/10/2018 12/10/2018 12/12/2018 12/12/2018 12/12/2018 12/12/2018 12/12/2018 12/12/2018 12/12/2018 12/13/2018 VENDOR AMOUNT KIMLEY HORN & ASSOC INC 4,332.35 IRS -PAYROLL TAXES 1,474.96 C E R SIGNATURE CLEANING 8,930.00 INDIAN RIVER COUNTY SHERIFF 140,000.00 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 36,000.00 I R C HEALTH INSURANCE - TRUST 624,188.10 CITY OF SEBASTIAN 201,086.27 MUTUAL OF OMAHA 17,515.94 HIGHMARK STOP LOSS 22.874.40 IRC CHAMBER OF COMMERCE 16,030.41 FLORIDA DEPARTMENT OF REVENUE 2,387.80 FLORIDA DEPARTMENT OF REVENUE 1,074.25 FLORIDA DEPARTMENT OF REVENUE 20,242.47 FLORIDA DEPARTMENT OF REVENUE 2,508.22 SCHOOL DISTRICT OF 1 R COUNTY 275,24634 IRS -PAYROLL TAXES 10,643.48 RX BENEFITS INC 210,609.43 1,595,144.62 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court R Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 20, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 14, 2018 to December 20, 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 December 14, 2018 to December 20, 2018. 23 TRANS NBR 375844 375845 375846 375847 375848 375849 375850 375851 375852 375853 375854 375855 375856 375857 375858 375859 375860 375861 375862 375863 375864 375865 375866 375867 375868 375869 375870 375871 375872 375873 375874 375875 375876 375877 375878 375879 375880 375881 375882 375883 375884 375885 375886 375887 375888 375889 375890 375891 375892 375893 375894 375895 375896 375897 375898 375899 375900 375901 DATE 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 CHECKS WRITTEN VENDOR PORT CONSOLIDATED INC JORDAN MOWER INC COMMUNICATIONS INTERNATIONAL LENGEMANN CORP RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC PALMDALE OIL COMPANY INC CHISHOLM CORP OF VERO VELDE FORD INC SAFETY PRODUCTS INC DATA FLOW SYSTEMS INC PARALEE COMPANY [NC DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER KELLY TRACTOR CO GRAYBAR ELECTRIC GAYLORD BROTHERS INC HACH CO LFI FORT PIERCE INC CLIFF BERRY INC PETES CONCRETE VERO INDUSTRIAL SUPPLY [NC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC CALL ONE INC CITY ELECTRIC SUPPLY CARTER ASSOCIATES INC DELL MARKETING LP BAKER & TAYLOR INC MIDWEST TAPE LLC MWI CORP BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC PALM TRUCK CENTERS INC SOFTWARE HARDWARE INTEGRATION COMMUNITY ASPHALT CORP SUNSHINE REHABILATION CENTER OF IRC INC CREATIVE CHOICE HOMES XVI LTD TINDALE-OLIVER & ASSOCIATES INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH CITY OF VERO BEACH UNITED PARCEL SERVICE [NC FERGUSON ENTERPRISES INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PERCONTI DATA SYSTEMS INC PUBLIX SUPERMARKETS ROGER CLEVELAND GOLF INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC CULTURAL COUNCIL OF IRC DEANGELO BROTHERS INC FLORIDA WATER & POLLUTION CONTROL MUNICIPAL CODE CORPORATION AMOUNT 638.48 10,176.78 162.00 47.61 1,105.47 389.18 5,647.34 772.99 232.57 2,466.68 5,242.16 3,246.00 346.02 41.42 4,866.01 1,450.15 206.03 712.50 688.30 1,338.24 332.50 1,850.00 138.84 3,500.00 4,285.87 126.00 67.96 1,091.75 2,660.00 3,608.95 1,771.49 1,166.57 183.74 838.18 514.92 89.87 600.14 850.00 1,994.00 4,733.58 256.19 851.95 664.00 334.08 150,399.10 17.22 48,897.15 309.86 716.85 1,080.00 38.23 616.80 1,311.23 990.00 8,076.00 551.00 125.00 4,473.51 1 TRANS NBR 375902 375903 375904 375905 375906 375907 375908 375909 375910 375911 375912 375913 375914 375915 375916 375917 375918 375919 375920 375921 375922 375923 375924 375925 375926 375927 375928 375929 375930 375931 375932 375933 375934 375935 375936 375937 375938 375939 375940 375941 375942 375943 375944 375945 375946 375947 375948 375949 375950 375951 375952 375953 375954 375955 375956 375957 375958 375959 375960 375961 DATE 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 VENDOR CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC SUBSTANCE AWARENESS COUNCIL OF IRC INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT PUBLIC DEFENDER FLORIDA BLUE VNA HEALTH SERVICES STATE ATTORNEY PEACE RIVER ELECTRIC COOP INC NSI ALPHA CORPORATION NEW HORIZONS OF THE TREASURE COAST SUNSHINE STATE ONE CALL OF FL INC LANGUAGE LINE SERVICES INC STRUNK FUNERAL HOMES & CREMATORY STRUNK FUNERAL HOMES & CREMATORY THE ROOF AUTHORITY CENTRAL FLORIDA PRIMA INDIAN RIVER FARMS WATER CNTRL DIST KURT STEFFEN ALAN C KAUFFMANN ELXS1 INC INTERNATIONAL CODE COUNCIL INC NABORS GIBLIN & NICKERSON PA VERO CLUB PARTNERS LTD DAVCO ELECTRICAL CONTRACTORS CORP INDIAN RIVER COUNTY HOUSING AUTHORITY RUSSELL PAYNE INC TRANE US INC CELICO PARTNERSHIP FLORIDA FARM BUREAU CINTAS CORPORATION NO 2 VAN WAL INC ELECTRONIC ACCESS SPECIALIST BIG BROTHERS AND BIG SISTERS RECYCLE FLORIDA TODAY INC SHELLEY NOWLIN FASTENAL COMPANY PARGAS SOUTHERN JANITOR SUPPLY INC MBV ENGINEERING INC MICHAEL BARTHOLOMEW 3-D FENCING LLC MASTELLER & MOLER INC PELICAN ISLES LP GLOVER OIL COMPANY INC AMOUNT 2,503.84 1,232.00 6,138.08 7,418.77 97,922.52 2,884.78 3,268.41 1,582.75 150.00 17,995.90 308.40 142.00 25,881.33 1,007.83 107.49 425.00 425.00 148,185.00 35.00 100.00 30.00 180.00 652.46 240.00 9,754.00 1,068.00 6,169.75 360.00 1,240.97 2,464.00 794.93 50.00 48.79 960.00 286.08 10,524.69 175.00 13.99 109.83 731.75 84.70 750.00 20.00 995.00 5,012.50 126.00 33,220.65 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 9,837.28 GERELCOM INC CAROLE J MADIGAN D&S ENTERPRISES OF VERO BCH LLC PETER OBRYAN INDIAN RIVER MAGAZINE INC JOHNNY B SMITH GATES HOUSE ENTERPRISES LLC CHARLES A WALKER JACE CHANDLER & ASSOCIATES INC BRIAN FREEMAN VATLAND IMPORTS INC THEODORE FLOYD 30,046.36 645.00 8.00 46.37 595.00 120.00 90.95 40.00 670.00 27.09 200.00 9,580.88 2 TRANS NBR 375962 375963 375964 375965 375966 375967 375968 375969 375970 375971 375972 375973 375974 375975 375976 375977 375978 375979 375980 375981 375982 375983 375984 375985 375986 375987 375988 375989 375990 375991 375992 375993 375994 375995 375996 375997 375998 375999 376000 376001 376002 376003 376004 376005 376006 376007 376008 376009 376010 376011 376012 376013 376014 376015 376016 376017 376018 376019 376020 376021 DATE 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/202018 12/20/2018 12120/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12120/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 VENDOR AMOUNT TRADEWINDS POWER CORP 88,092.00 MARINCO BIOASSAY LABORATORY INC 2,600.00 FLEETBOSS G P S INC. 5,391.00 KWACKS INC 2,074.00 YOUTH GUIDANCE DONATION FUND 833.33 EQ THE ENVIRONMENTAL QUALITY COMPANY 22,452.60 WINSUPPLY OF VERO BEACH 849.63 HMA-SOLANTIC JOINT VENTURE LLC 180.00 SANDY ARACENA 60.00 WEST CONSTRUCTION INC 639,793.02 BRENNTAG MID -SOUTH INC 8,416.62 CREATIVE POWER SOLUTIONS INC 375.00 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 CLOVERLEAF CORPORATION 2,635.35 HIGHERGROUND INC 4,250.00 TREKKER TRACTOR LLC 190.75 STAR QUALITY AIR CONDITIONING INC 8,424.00 KEITH GROCHOLL 60.00 PROMATIC INC 80.59 PROMATIC INC 866.90 BRAAS CORPORATION 1,037.94 REHMANN GROUP LLC 36,000.00 CLEAN SWEEP & VAC LLC 6,206.00 LOWES HOME CENTERS INC 3,329.40 ALEX MIKLO 60.00 BURNETT LIME CO INC 9,521.40 IMPECCABLE SIGNS INC 244.00 ATLANTIC ROOFING 1I OF VERO BEACH INC 206,723.02 TREASURE COAST TURF INC 510.00 W&G MAINTENANCE 9,490.00 PENGUIN RANDOM HOUSE LLC 175.65 CARMEN LEWIS 501.00 SUN MOUNTAIN SPORTS INC 1,295.92 KRAUS ASSOCIATES INC 265,943.29 SOUTHERN MANAGEMENT LLC 2,479.25 CHEMTRADE CHEMICALS CORPORTATION 2,463.55 SAMBA HOLDINGS INC 1,273.62 REI ENGINEERS INC 1,860.00 EXTREME GOLF INC 354.00 BERNARD EGAN & COMPANY 6,416.34 RONALD NICHELSON 80.00 FOUNDATION FOR AFFORDABLE RENTAL 316.00 COBRA GOLF INCORPORATED 1,916.54 SYLIVIA MILLER 1,290.00 HAWKINS INC 862.75 FLORITURF SOD INC 193.00 SCRIPPS NP OPERATING LLC 1,235.40 SCRIPPS NP OPERATING LLC 1,771.80 JOSEPH DIZONNO 60.00 CATHEDRAL CORPORATION 2,774.55 UNIFIRST CORPORATION 2,843.86 WILSON SPORTING GOODS CO 325.73 SITEONE LANDSCAPE SUPPLY LLC 208.30 ADVANCE STORES COMPANY INCORPORATED 4.59 EGP DOCUMENT SOLUTIONS LLC 99.00 NORTH AMERICAN OFFICE SOLUTIONS INC 24.99 FLORIDA EAST COAST HOLDINGS CORP 1,800.00 EZLINKS GOLF LLC 300.00 AC VETERINARY SPECIALTY SERVICES 70.73 COVERALL NORTH AMERICA INC 215.00 3 TRANS NBR 376022 376023 376024 376025 376026 376027 376028 376029 376030 376031 376032 376033 376034 376035 376036 376037 376038 376039 376040 376041 376042 376043 376044 376045 376046 376047 376048 376049 376050 376051 376052 376053 376054 376055 376056 376057 376058 376059 376060 376061 376062 376063 376064 376065 376066 376067 376068 376069 376070 376071 376072 376073 376074 376075 376076 376077 376078 376079 376080 376081 DATE 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 1220/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 VENDOR PEOPLE READY INC KEITH ADAMS SCORECARDS UNLIMITED LLC EMILY GOUGE WILLIS SPORTS ASSOCIATION INC COLE AUTO SUPPLY INC KONICA MINOLTA BUSINESS SOLUTIONS BETH NOLAN THOMAS R PILIERO RECYCLING ROCKS LLC NESTLE WATERS NORTH AMERICA TOTAL ADMINISTRATIVE SERVICES CORP TOTAL ADMINISTRATIVE SERVICES CORP STUART RUBBER STAMP & SIGN CO INC CORE & MAIN LP BROWNELLS INC WOERNER AGRIBUSINESS LLC ABISCOM INC TYKES & TEENS INC BIKE WALK INDIAN RIVER COUNTY INC REXEL USA INC STEPHEN STONE JOSEPH LORINO BEST VERSION MEDIA LLC ELITE PROPERTY MANAGEMENT GROUP TYCO FIRE & SECURITY MANAGEMENT INC MRI SOFTWARE LLC RAMONA MURPHY EAST COAST FENCE & GUARDRAIL OF BREAVARD INC E -BUILDER INC AMAZON CAPITAL SERVICES INC AMAZON CAPITAL SERVICES INC NI CRITICAL TECHNOLOGIES INC VERONIQUE ORY STURIALE PREMIER LANDSCAPE SOLUTIONS OF IR LLC W&J CONSTRUCTION CORP GSE HOLDING INC ISCO INDUSTRIES INC PIRATE PEST CONTROL LLC ALL RITE WATER PURIFICATION INC VALLEY POWER EQUIPEMENT & RENTAL INC KINDERGARTEN READINESS COLLABORATIVE AMERIGAS PROPANE LP AMERIGAS PROPANE LP AMERIGAS PROPANE LP DOOR GALLERY INC CHARLES FELVUS DAVID MOSHIER JOHN J DRISCOLL DAVID MIKE THE HOPE FOR FAMILIES CENTER INC FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATIF BENEFIT EXPRESS SERVICES LLC MIKALA COLLINS THE JAKE OWEN FOUNDATION KIMBERLY WALSH KEVIN GUENTHER TINA SMITH LINDA FOSTER UTIL REFUNDS AMOUNT 14,601.97 80.00 1,044.63 60.00 1,203.84 2,040.77 2,453.55 135.00 55.00 600.00 101.80 782.60 2,152.50 382.88 36,287.67 2,335.50 560.00 688.66 7,947.13 1,625.00 1,873.75 100.00 100.00 244.00 150.00 4,421.88 13,220.00 50.00 5,346.00 1,783.44 175.68 1.593.09 2,632.00 120.00 3,390.00 150,098.10 281,211.40 32,640.00 1,252.00 1,338.12 2,587.00 4,058.40 1,570.97 1,798.66 2,109.53 390.00 60.00 1,190.00 120.00 120.00 3,435.99 225.00 6,378.20 150.00 5,032.04 150.00 3.00 711.18 12.06 65.60 4 TRANS NBR DATE VENDOR AMOUNT 376082 12/20/2018 UTIL REFUNDS 51.27 376083 12/20/2018 UTIL REFUNDS 46.59 376084 12/20/2018 UTIL REFUNDS 36.70 376085 12/20/2018 UTIL REFUNDS 54.84 376086 12/20/2018 UTIL REFUNDS 80.69 376087 12/20/2018 UTIL REFUNDS 535.25 376088 12/20/2018 UTIL REFUNDS 59.07 376089 12/20/2018 UTIL REFUNDS 44.31 376090 12/20/2018 UTIL REFUNDS 55.91 376091 12/20/2018 UTIL REFUNDS 71.37 376092 12/20/2018 UTIL REFUNDS 1.96 376093 12/20/2018 UTIL REFUNDS 55.91 376094 12/20/2018 UTIL REFUNDS 59.07 376095 12/20/2018 UTIL REFUNDS 27.90 376096 12/20/2018 UTIL REFUNDS 35.55 376097 12/20/2018 UTIL REFUNDS 59.07 376098 12/20/2018 UTIL REFUNDS 2.01 376099 12/20/2018 UTIL REFUNDS 67.24 376100 12/20/2018 UTIL REFUNDS 30.81 376101 12/20/2018 UTIL REFUNDS 60.48 376102 12/20/2018 UTIL REFUNDS 110.10 376103 12/20/2018 UTIL REFUNDS 72.79 376104 12/20/2018 UTIL REFUNDS 23.34 376105 12/20/2018 UTIL REFUNDS 82.28 376106 12/20/2018 UTIL REFUNDS 43.69 376107 12/20/2018 UTIL REFUNDS 62.06 376108 12/20/2018 UTIL REFUNDS 63.48 376109 12/20/2018 UTIL REFUNDS 39.44 376110 12/20/2018 UTIL REFUNDS 10.96 376111 12/20/2018 UTIL REFUNDS 50.00 376112 12/20/2018 UTIL REFUNDS 10.76 376113 12/20/2018 UTIL REFUNDS 58.33 376114 12/20/2018 UTIL REFUNDS 6.01 376115 12/20/2018 UTIL REFUNDS 40.95 376116 12/20/2018 UTIL REFUNDS 77.13 376117 12/20/2018 UTIL REFUNDS 43.28 376118 12/20/2018 UTIL REFUNDS 59.00 376119 12/20/2018 UTIL REFUNDS 77.13 376120 12/20/2018 UTIL REFUNDS 16.93 376121 12/20/2018 UTIL REFUNDS 121.66 376122 12/20/2018 UTIL REFUNDS 63.69 376123 12/20/2018 UTIL REFUNDS 78.64 376124 12/20/2018 UTIL REFUNDS 114.83 376125 12/20/2018 UTIL REFUNDS 45.73 376126 12/20/2018 UTIL REFUNDS 47.48 376127 12/20/2018 UTIL REFUNDS 16.53 376128 12/20/2018 UTIL REFUNDS 61.02 376129 12/20/2018 UTIL REFUNDS 69.64 376130 12/20/2018 UTIL REFUNDS 59.09 376131 12/20/2018 UTIL REFUNDS 65.05 376132 12/20/2018 UTIL REFUNDS 56.18 376133 12/20/2018 UTIL REFUNDS 39.04 376134 12/20/2018 UTIL REFUNDS 43.74 376135 12/20/2018 UTIL REFUNDS 15.96 376136 12/20/2018 UTIL REFUNDS 381.19 376137 12/20/2018 UTIL REFUNDS 38.40 376138 12/20/2018 UTIL REFUNDS 11.13 376139 12/20/2018 UTIL REFUNDS 48.90 376140 12/20/2018 UTIL REFUNDS 161.11 376141 12/20/2018 UTIL REFUNDS 76.73 5 TRANS NBR DATE VENDOR AMOUNT 376142 12/20/2018 UTIL REFUNDS 72.13 376143 12/20/2018 UTIL REFUNDS 1.96 376144 12/20/2018 UTIL REFUNDS 84.75 376145 12/20/2018 UTIL REFUNDS 120.45 376146 12,'20/2018 UTIL REFUNDS 4.13 376147 12/20/2018 UTIL REFUNDS 63.65 376148 12/20/2018 UTIL REFUNDS 21.84 376149 12/20/2018 UTIL REFUNDS 44.03 376150 12/20/2018 UTIL REFUNDS 22.43 376151 12/20/2018 UTIL REFUNDS 32.49 376152 12/20/2018 UTIL REFUNDS 66.39 376153 12/20/2018 UTIL REFUNDS 75.96 376154 12/20/2018 UTIL REFUNDS 30.20 376155 12/20/2018 UTIL REFUNDS 45.45 376156 12/20/2018 UTIL REFUNDS 41.55 376157 12/20/2018 UTIL REFUNDS 110.35 376158 12/20/2018 UTIL REFUNDS 65.07 376159 12/20/2018 UTIL REFUNDS 188.76 376160 12/20/2018 UTIL REFUNDS 80.86 376161 12/20/2018 UTIL REFUNDS 9.13 376162 12/20/2018 UTIL REFUNDS 39.19 376163 12/20/2018 UTIL REFUNDS 95.24 376164 12/20/2018 UTIL REFUNDS 16.14 376165 12/20/2018 UTIL REFUNDS 100.00 376166 12/20/2018 UTIL REFUNDS 50.69 Grand Total: 2,708,076.82 6 TRANS. NBR 1014299 1014300 1014301 1014302 1014303 1014304 1014305 1014306 1014307 1014308 (;rand Total: ELECTRONIC PAYMENT - VISA CARD DATE 12/19/2018 12/192018 1219,'2018 12' 192018 12.192018 12/19/2018 12/19/2018 12/19/2018 12/19/2018 12/19/2018 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COPYCO INC NEWMANS POWER SYSTEMS SOUTHERN COMPUTER WAREHOUSE INC PERKINS INDIAN RIVER PHARMACY PRIDE ENTERPRISES NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 292.43 2,456.14 65.91 188.06 1,731.30 779.51 85.37 23.00 387.20 1,688.00 7,696.92 1 TRANS NBR 6421 6422 6423 6424 6425 6426 6427 6428 6429 6430 6431 6432 6433 6434 6435 6436 6437 6438 6439 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 12/14/2018 12/14/2018 12/14/2018 12/14/2018 12/14/2018 12/14/2018 12/14/2018 12/17/2018 12/17/2018 12/17/2018 12/18/2018 12/18/2018 12/18/2018 12/19/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 12/20/2018 VENDOR AMOUNT CDM SMITH INC 70,149.14 IRC FIRE FIGHTERS ASSOC 9,869.52 TOWN OF INDIAN RIVER SHORES 5,955.00 SCHOOL DISTRICT OF 1 R COUNTY 104,776.00 NATIONWIDE SOLUTIONS RETIREMENT INC 5,192.77 NATIONWIDE SOLUTIONS RETIREMENT INC 52,242.87 TOTAL ADMINISTRATIVE SERVICES CORP 11,826.75 FL SDU 6,496.94 IRS -PAYROLL TAXES 441,531.00 WRIGHT EXPRESS FSC 21,098.75 IRC CHAMBER OF COMMERCE 11,592.43 CITY OF FELLSMERE 10,371.73 SENIOR RESOURCE ASSOCIATION 296,121.87 I R C HEALTH INSURANCE - TRUST 84,783.11 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,850.00 MUTUAL OF OMAHA 2,551.50 IRS -PAYROLL TAXES 100.90 HIGHMARK STOP LOSS 7,529.49 CHARD SNYDER & ASSOCIATES INC 92.00 1.154.131.77 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27i° Street Vero Beach. FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 27, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 21, 2018 to December 27, 2018 gC 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 December 21, 2018 to December 27, 2018. 32 TRANS NBR 376167 376168 376169 376170 376171 376172 376173 376174 376175 376176 376177 376178 376179 376180 376181 376182 376183 376184 376185 376186 376187 376188 376189 376190 376191 376192 376193 376194 376195 376196 376197 376198 376199 376200 376201 376202 376203 376204 376205 376206 376207 376208 376209 376210 376211 376212 376213 376214 376215 376216 376217 376218 376219 376220 (;rand Total: DATE 12/21/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 12/26/2018 CHECKS WRITTEN VENDOR TERESA M FIELER GREENE INVESTMENT PARTNERSHIP LTD INDIAN RIVER COUNTY HEALTH DEPT VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH ST LUCIE COUNTY BOCC PAUL CARONE WILLIE C REAGAN LARRY STALEY PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA ARTHUR PRUETT MICHAEL JAHOLKOWSKI LUCY B HENDRICKS ROBERT L BRACKETT SYLVESTER MC INTOSH PAULA WHIDDON JAMES W DAVIS NITA EZELL MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN PAULA ROGERS & ASSOCIATES INC FIVE STAR PROPERTY HOLDING LLC MARK BAER JUAN CHAVES VAL APTS LLC INDIANTOWN NON-PROFIT HOUSING INC AUGUSTUS B FORT JR H&H SHADOWBROOK LLC VERO BEACH PLACE LLC GNS REAL ESTATE HOLDINGS LLC COALITION FOR ATTAINABLE HOMES INC HELPING HANDS REAL ESTATE & INVESTMENT CO AUX DENAEAU JOHN K GERRATO 1135 RENTALS LLC MCLAUGHLIN PROPERTIES LLC HOWARD R BRENNAN NKW PIP HOLDINGS I LLC MAXIPLEX LLC RANDY BETHEL WATSON REALTY GROUP KARL POKRANDT BRANDON ROUER JEANNE E BIERMAN HUDSON CONSULTING & MANAGEMENT LLC PALMETTO PROPERTY MANAGEMENT CORP LUCIAN LEWIS HAMID SILMANE AMOUNT 500.00 3,893.23 58,022.25 5,746.83 1,500.00 2,169.15 11,787.50 37,863.91 4,608.00 1,746.00 593.00 3,408.00 2,580.00 1,407.00 1,795.00 716.00 756.00 547.00 807.00 515.00 365.00 553.00 372.00 609.00 3,003.00 3,602.00 660.00 830.00 3,087.00 700.00 818.00 670.00 641.00 563.00 2,036.00 1,809.00 6,037.00 4,265.00 750.00 818.00 778.00 750.00 556.00 2,889.00 2,714.00 751.00 800.00 747.00 1,270.00 663.00 552.00 935.00 856.00 750.00 188.159.87 1 TRANS NBR 6440 6441 6442 6443 6444 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 12/21/2018 12/21/2018 12/21/2018 12/21/2018 12/26/2018 VENDOR HUMANE SOCIETY IRC CHAMBER OF COMMERCE VETERANS COUNCIL OF I R C VEROTOWN LLC VEROTOWN LLC AMOUNT, 20,810.00 19,233.81 8,453.18 1,965.00 20,242.16 70,704.15 1 TRANS. NBR 1014309 1014310 1014311 1014312 1014313 1014314 1014315 1014316 1014317 1014318 1014319 1014320 1014321 1014322 1014323 1014324 1014325 1014326 1014327 (rand Total: ELECTRONIC PAYMENT - VISA CARD DATE 12/21/2018 12/21/2018 12/21/2018 12/21/2018 12212018 12212018 12/21/2018 1221/2018 12/21/2018 12/21/2018 12/21/2018 12/21/2018 12/21/2018 12212018 12/21/2018 I2212018 12/21/2018 12212018 12212018 VENDOR HELENA CHEMICAL COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY APPLE INDUSTRIAL SUPPLY CO ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE INC FIRST HOSPITAL LABORATORIES INC COMO OIL COMPANY OF FLORIDA GLOBAL GOLF SALES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC HORIZON DISTRIBUTORS INC EFE INC PACE ANYALYTICAL LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC POLYDYNE INC AMOUNT 1,741.34 25.04 1,318.05 126.94 10,062.59 150.52 49.09 1,775.37 129.00 234.62 139.05 203.06 985.40 2.159.01 12,366.00 1,968.57 2,691.40 1,299.92 5,152.00 42,576.97 1 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: December 20, 2018 SUBJECT: Historic Dodgertown: Acquisition of Flight Safety Drive and Dodger Road Parcels On December 18, 2018, the Board of County Commissioners approved the Amended and Restated Facility Lease Agreement with Major League Baseball (as the new owner of Verotown) for Historic Dodgertown. In order to ensure full access and control into Historic Dodgertown through Flight Safety Drive, staff has been working with Star Suites on an agreement to purchase the 1.03± acre parcel containing Flight Safety Drive from Aviation Blvd., as well as the 0.46± acre parcel containing Dodger Road along the south side of the Star Suites property. This purchase will also ensure ownership and control of an area that has been utilized to access Practice Fields 5 & 6 east of the Conference Center. Please see the attached map showing the parcels to be acquired along with an aerial showing the facility in relation to the parcels. It should be noted that the Facility Lease Agreement requires that the County provide access to the facility through these parcels. Per the agreement, the County will pay $99,750 for both parcels, which total 1.49± acres, which is equivalent to $1.54 per square foot ($66,946 per acre). An appraisal from 2016 obtained by the County for all three parcels (2.52± acres total), excluding the Flight Safety Drive parcel, valued the property at $550,000. This amounts to $5.00 per square foot ($218,254 per acre). Star Suites will, prior to closing, repair and resurface Flight Safety Drive from Aviation Blvd. to the Historic Dodgertown entrance at an estimated cost of about $13,000. The County will reimburse Star Suites for the cost of asphalt totaling $5,250. Funding Funding for this purchase in the amount of $105,000, including the cost of asphalt is available from One Cent Sales Tax Reserves (account number 315039-389040). 36 Staff Recommendation Staff recommends that the Board of County Commissioners approve the purchase of the two parcels as detailed above, and authorize the Chairman to execute the attached purchase agreement. Attachments Agreement to Purchase and Sell Real Estate Map of parcels Aerial of Historic Dodgertown and parcels 37 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the _ day of January, 2019, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Star Suites by Riverside Theatre, LLC, a Florida limited liability company, whose address is 3250 Riverside Park Drive, Vero Beach, FL 32963 ("Star Suites"). WHEREAS, Star Suites owns a 1.03± acre parcel of land located south of Aviation Boulevard, commonly known as Flight Safety Drive, that serves as one of the main entrances to Historic Dodgertown as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, Flight Safety Drive consists of a paved, two-lane road with drainage swales on either side; and WHEREAS, Star Suites also owns a 0.46± acre parcel of property containing part of a dirt road commonly known as Dodger Road, which is located to the east of the southern end of Flight Safety Drive, and is bordered by Flight Safety Drive to the west and Historic Dodgertown to the south as depicted on the aerial photo attached as Exhibit "B"; and WHEREAS, the County is the owner of Historic Dodgertown and finds it advantageous to acquire these two parcels for improved access to the Historic Dodgertown parcel; and NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. Star Suites hereby agrees to sell to the County, and the County hereby agrees to purchase from Star Suites, upon the terms and conditions set forth in this Agreement, the 1.03± acre parcel of real property referred to as Flight Safety Drive and the 0.46± acre parcel of real property referred to as Dodger Road, collectively referred to as the Properties and more specifically described in Composite Exhibit "C" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Properties shall be NINETY NINE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($99,750.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 1 38 3. Title to Properties. Star Suites shall convey marketable title to the Properties by warranty deed free of claims, liens, easements and encumbrances of record or known to Star Suites; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Properties; provided, further that the conveyance of the Properties will be subject to that certain Access Easement between Star Suites and City of Vero Beach recorded in Official Records Book 3171, Page 2340, of the public records of Indian River County, Florida, and that certain Access & Utilities Easement between Star Suites, DT Commons, LLC and the County recorded in Official Records Book 3168, Page 1180, of the public records of Indian River County, Florida (hereinafter collectively referred to as the "Permitted Easements"). 4.0 County may order an Ownership and Encumbrance Report with respect to the Properties. County shall, within twenty (20) days from the effective date, deliver written notice to Star Suites of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Star Suites cures the defects within twenty (20) days from receipt of notice from County of title defects ("Curative Period"). Star Suites shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Star Suites, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of Star Suites. 5.1 Star Suites is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title and authority to convey and transfer the Properties, subject to the Permitted Easements, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, Star Suites shall take no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Properties, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the Star Suites shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written 39 notice delivered to the Star Suites at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Star Suites' default and proceed to Closing. 6.2 In the event of a default by the County, the Star Suites shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Star Suites shall have no claim for specific performance, damages or otherwise against the County. 7 Closing. 7.1 The closing of the transaction contemplated herein (''Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. In the event the County orders a report under Section 4, the Closing Date shall be extended up to forty five (45) days from the end of the applicable Curative Period, including any extensions. The parties agree that the Closing shall be as follows: (a) Star Suites shall execute and deliver to the County a warranty deed conveying marketable title to the Properties, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) Star Suites shall have removed all of its personal property and equipment from the Properties and shall deliver possession of the Properties to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Star Suites is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) Star Suites shall deliver to the County an affidavit, in form acceptable to the County, certifying that Star Suites is not a non-resident alien or foreign entity, such that Star Suites and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Star Suites and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. (f) Prior to closing, and to the reasonable satisfaction of the County, Star Suites shall have completed the following in accordance with Florida Department of Transportation Green Book standards: • Patch the 25'± wide section of Flight Safety Drive that was excavated during the construction of Star Suite and is currently filled with gravel • Resurface Flight Safety Drive from its intersection with Aviation Boulevard south to the entrance of Historic Dodgertown, a distance of approximately 610 feet, as depicted on the aerial photograph and proposal from Tommy Hawkins & Sons, Inc. dated December 4, 2018 in composite Exhibit "D" attached and incorporated by 40 reference herein. As part of this effort, the County will make a contribution of $5,250 to Star Suites for asphalt costs, within fifteen (15) days of the effective date. All other costs of this work will be the responsibility of Star Suites. 7.2. Closing Costs; Expenses. County, or its agent, shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Prorations. All taxes and special assessments which are a lien upon the properties on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Star Suites. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Star Suites shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Properties. If the Closing Date occurs between January 1 and November 1, Star Suites shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Conveyance at Arm's Length. It is understood by the parties that this contract is entered into by Star Suites as an Arm's Length transaction, without the threat of condemnation or eminent domain. 9.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between Star Suites and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.4 Assignment and Binding Effect. Neither County nor Star Suites may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the 4 41 benefit of the parties hereto and their successors and assigns. 9.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Star Suites: If to County: Star Suites By Riverside Theatre, LLC 3250 Riverside Park Vero Beach, FL 32963 Attn: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.10. Beneficial Interest Disclosure: Since Star Suites is a corporation it shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3)(a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; 42 and where Star Suites is a non-public entity, that Star Suites is not required to disclose persons or entities holding Tess than five (5%) percent of the beneficial interest in Star Suites. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. STAR SUITES BY RIVERSIDE THEATRE, LLC. a Florida limited liability company - V R ok s , Manager Date Signed: 12- ss \OF. Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Kevin M. Barry, Esq. Deputy Clerk Attorney for Star Suites Approved as to form and legal sufficiency: Indian River County Administrator By: illiam K. DbBraal Jason E. Brown Deputy County Attorney 52-01-VER\24 6 43 Indian River County, Florida Pro ert A raiser - Printer Friendly Map Page 1 of 1 Print I Back EXHIBIT "Al Indian River County GIS ParcelID OwnerName 32392600011021000001,4 STAR SUITES BY RIVERSIDE THEATRE LLC Notes PropertyAddress AVIATION BLVD VERO BEACH, FL 32960 http://www.ircpa.org/PrintMap.aspx 12/19/M8 Indian River County, Florida P -roper praiser-.PriillexFriendly Map Print j Back EX i it Indian River County GIS Page 1 of 1 ParcelID OwnerName 323926000] 1031400001.3 STAR SUITES BY RIVERSIDE THEATRE LLC Notes PropertyAdd ress 26TH ST VERO BEACH, FL 32960 http://www.ircpa.org/PrintMap.aspx 12/ 19/26I8 Exhibit "0" Flight Safety Drive Parcel LEGAL DESCRIPTION: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND BEING A PORTION OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, THENCE BEARING SOUTH 89°45'39" EAST (BASIS OF BEARINGS) ALONG THE SOUTH LINE OF SAID SECTION 34, A DISTANCE OF 2385.29 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT OF BEGINNING BEING ON A LINE THAT IS 40 FEET WESTERLY, AS MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"); THENCE BEARING NORTH 20° 21' 06" EAST ALONG SAID LINE, A DISTANCE OF 532.58 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF AVIATION BOULEVARD; SAID POINT BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 04°56'22", A CHORD LENGTH OF 81.87 FEET, A CHORD BEARING OF SOUTH 81°55'27" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 81.90 FEET TO A POINT; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE BEARING SOUTH 20°21'06" WEST, A DISTANCE OF 552.64 FEET TO A POINT; THENCE, BEARING NORTH 89°45'39" WEST, A DISTANCE OF 85.20 FEET TO A POINT; BEARING NORTH 20°21'06" EAST, A DISTANCE OF 31.95 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 44,735 SQUARE FEET OR 1.03 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PLOT 8 46 Exhibit "0" Dodger Road Parcel PARCEL 5: SITUATED IN THE STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, BEING PARTS OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AND SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 34, RUN SOUTH 00 DEGREES 14 MINUTES 21 SECONDSiEST AND PERPENDICULAR TO THE SOUTH LINE OF SAID SECTION 34, A DISTANCE OF 30 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST (BASIS OF BEARING) ALONG A UNE 30 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 34, A DISTANCE OF 2,459,51 FEET TO A POINT, SAID POINT BEING 40 FEET EASTERLY, AS MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE CENTERUNE OF FUGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C"), SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89 DEGREES 45 MINUTES 39 SECONDS EAST, ALONG A UNE 30 FEET SOUTH OF AND PARALLEL WITH THE SAID SOUTH LINE OF SECTION 34, A DISTANCE OF 222.84 FEET; THENCE RUN NORTH 20 DEGREES 21 MINUTES 06 SECONDS EAST AND PARALLEL WITH THE SAID CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C') A DISTANCE OF 95.84 FEET TO A POINT, SAID POINT BEING 60 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, THE SAID SOUTH LINE OF SECTION 34; THENCE NORTH 89 DEGREES 45 MINUTES 39 SECONDS WEST ON A UNE 60 FEET NORTH OF AND PARALLEL WITH THE SAID SOUTH UNE OF SECTION 34, A DISTANCE OF 222.84 FEET TO A POINT, SAID POINT BEING 40 FEET EASTERLY, AS MEASURED PERPENDICULAR 70 , THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE °C"); THENCE SOUTH 20 DEGREES 21 MINUTES 06 SECONDS WEST ALONG A LINE 40 FEET EASTERLY, AS MEASURED PERPENDICULAR TO THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF FLIGHT SAFETY DRIVE (FORMERLY KNOWN AS AVENUE "C'), A DISTANCE OF 95.84 FEET TO THE POINT OF BEGINNING. 47 PROPOSAL TOMMY HAWKINS & SONS, INC. PAVING CONTRACTORS 909 BARREL AVENUE FT. -PIERCE, FL 34982 PHONE (772) 464-7587 FAX (772) 464-0594 JOB NAME: FLIGHT SAF'TY OVERLAY DATE: 12/4/2018 DESCRIPTION TOTAL PRICE General Clean and Prep exsting Asphalt. Mill both ends for Tie in Overlay Existing Road with 1" SP -9.S Asphalt Resttipe Stop Bar and Edge Line Owner Purchase Asphalt This price does not include: Any Permits Density Testing Construction Staking or Asbulds Seed and Mulch, Sod or Landscaping Sub- Total 5 18,67(1.00 $ (5,250.00) Tax -341.25 Total S 13,078.75 *****t.mae*************************14** ****r*****istl:•A.t********cit*****iF***Ite****:***itir**** WE PROPOSE TO FURNISH MATERIAL AND LABOR -COMPLETE IN ACCORDANCE WITI1 ABOVE SPECIFICATIONS, FOR THE SUM OF S 18,670.00 This proposal may be withdrawn by us if not accepted within 30 days AUTHORIZED SIGNATURE ACCEPTED: The above prices, specifications and conditions arc satisfactory and are herby accepted. You are authorized to do the work as specified SIGNATURE DATE: Exhibit 5 48 8 9 F 5 6 4 FIDELITY NA770NAL 777LE COMMITMENT FILE NO. ET -14955 EFFEC77VE DA7F• DECEMBER 22. 2016 ® B: 00 A.M. LEGAL DESCRIPTION: SURVEYOR'S NOTES B -II EXCEPTIONS NO I.O.W./MO.6. WIDE lia4k0J.11.tROACNNEXTS THE EAST 19 MET OVIlIF FOLLOW.: O UV CUT N USE 'toy Al,loC. PART OF THE 11¢31..0 LW] UMOEP UNRECORDED LEASES OR IS. WOW( SETin ra Y.s., 12 Qe .w ..\ OVERALL ua OVE\ / \ \ / 6, / / 1110.107.0.111,1/.. xn. v,91m4 01‘.212.71- f lNp4//y, .......— L-24143.NBC I9 / / ///,'//1 / ///////// .� -/ ////j //// R '//////// //•%/ ////,,/// ///// // / `1/// / /1/1 ///,fie ////i/1 //� / Em LO 515, CRS /1/ //// / // PAGE /I (l1 JL- Nersnew 22104• ]S' 1 a . PARRCE L 5 I ERA MA PAGE MI I. e,9a.A �za i s ew97e' E 291st (0) 2427.60' (s) 10� \ WAAL S4iziv el iYl4-..\\_ 2470.40' (0) (SASS OF 6 0 066) 5 00,10.39.3 2460.016 12]116 UNE ES TS usoo. or 2*ASQL NIEVALA [ANNEXE. CC MO 15 s aer OUR. SCALE .111 AMAIMMAPaaraw 15. L-1e1.4t Mal PARCEL e4� 6�A"'m :1O en. ox isNO MS Mk PAGE VW) CD el E $ g9 SSS 4a i dl 9 8 0 8 OVERALL IT gAREAw (I/O BUILOINGS OBSERVED) OVERALL 30604• 89.5'39, MEAGIEr NO/ ;1.1.0'1111011'7'01E SCM.TAIE ORIGNAL man, MAL or A PLOP. unman SURVEIOR MO SAPPER. SKET xU6e0i 1 OFA D...aq nano N:\1.91.3urny\047304007 - ARRAN Wk. 0ADD\00 - 0000M0 .ND 1OP0 91RVE1.4.9 2 - TWO .R9 14. 2017 9:4San OR Dan.nk.Dn ,11"iaa§alit-12,1 atrifierPl7paaa7mili8 pawls; c-A•a•t°,29rgi9D°91eileum 3 iplliiiiiiplililuiriouglop 1 It tI 11 1 111 •0100. Fagll i 1 I ii tl II P 1 I 11111111161 ah a ata. /jai is 111 X"l70.00$. 11 1P111 '11H SNOI1VIA32199V SlOSWAS 30 ON3031 Z o T atV g ACTOR'S VILLAGE PREPARED FOR KITE PROPERTIES, INC. VERO BEACH FLORIDA TOPOGRAPHIC SURVEY PIA PROEM' 047504002 0A1E 1/73/17 Wn7 AS 94090 OtINNIED AT E07 dua A DID neon r Em Kimley*Horn N2017 NINIE9-HORN AND ASSOOATES, WO, HS 74111 STREET, 9111E 200. VE00RO BEACH. R. 32960 PHONE: 777-994-4100 IWAVAAI EY-HORN.COu LB 999 No. PEM90NS DATE B9 TOTAL PARKING: 92 a Kimie » Horn 5 7010 MS N0OOn7R 0l 445 241N 70Q7. 0u0I f00. WW1 Mat It 32150 MOIL TO -7.54-4100 WreOCY-510511.15111 a aaosw / 111111111 III / APPROX. END OF / PAVED DODGER WAY 1111111111111111111111111111111111111111111111111! (l l 1111111111 20' SIDEWALK ACCESS WELL TO BE REMOVED STAR SUITES PARKING EXHIBIT SHEE NUMR=R 51 EX -1 zs INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM ge Consent TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kendra L. Cope, M.S., Environmental Specialist SUBJECT: Minor Change in Scope of Work for DEO Grant — Living Shoreline DATE: December 13, 2018 BACKGROUND AND DESCRIPTION On October 16th the board approved a 100 percent cost reimbursement grant from the Florida Department of Economic Opportunity (DEO) to construct an educational living shoreline demonstration at Round Island Park. Recently, a minor change was made in the project description located in the scope of work (Attachment A of Grant Agreement). This minor change is as follows: 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. Staff plans on constructing a living shoreline at Round Island Park but may not include an oyster reef based on the presence of seagrass observed in the permit required seagrass survey. FUNDING On October 16, 2018 the board authorized the chairman to sign the DEO grant agreement on behalf of the County for a total of $13,500. Funds for this expenditure are available in General Fund/Lagoon/Other Professional Services- Acct # 00128337-033190. RECOMMENDATION Staff recommends the Board approve the updated DEO grant agreement and authorize the Chairman to sign (2) two copies of 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. ATTACH EM ENT Updated DEO Grant Agreement APPROVED AGENDA ITEM FOR: JANUARY 8, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680E3133\@BCL@680E3133.docx53 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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-B: 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) in consideration for Grantee's performance under this Page 1 of 37 Rev. 9/27/18 54 DocuSign Envelope ID: 4F49ED83-A0E8-4535-13B84-F 1419D233380 Agreement # P0307 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://www.myfloridacfo.com/aadirJreference 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 Rev. 9/27/18 55 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 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 under this 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.myflorida.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 DEO'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 DEO. Page 3 of 37 Rev 9/27/18 56 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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.myflorida.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, Page 4 of 37 Rev. 9/27/18 57 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 DEO'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 Page 5 of 37 Rev. 9/27/18 58 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 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: (1) 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. Page 6 of 37 Rev. 9/27/18 59 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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.myfloridacfo.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: (1) 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. (2) 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. (3) 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 may be 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 Page 7 of 37 Rev. 9/27/18 60 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 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 Page 8 of 37 Rev. 9/27/18 61 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 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. M. 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 conforming to 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. Page 9 of 37 Rev_ 9/27/18 62 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 Page 10 of 37 Rev. 9/27/18 63 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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. 0. 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 prior written 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 Page 11 of 37 Rev. 9/27/18 64 DocuSign Envelope ID: 4F49ED83-A0E8-4535•BBB4-F14190233380 Agreement # P0307 herein in writing for the contact information of the appropriate DEO authority for any such ITR purchase approval. Q. NONEXPENDABLE PROPERTY 1. 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). 2. 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 under this 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 Page 12 of 37 Rev. 9/27/18 65 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 for the 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. 5. 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. Page 13 of 37 Rev. 9/77/18 66 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement it P0307 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-verify 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 Rev. 9/27/18 67 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BB84-F 1419D233380 Agreement tt P0307 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. 5. 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 Page 15 of 37 Rev. 9/27/18 68 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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. DEO'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. Page 16 of 37 Rev. 9/27/18 69 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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.. BB. 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. Page 17 of 37 Rev. 9/27/18 70 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 1801 27th Street Vero Beach, Florida 32960 Phone: 772-226-1569 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.myflorida.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] Page 18 of 37 Rev. 9/27/18 71 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F 14190233380 Agreement # P0307 IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments hereto, the Parties, through theft 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 INDIAN RIVER COUNTY, FLORIDA By By Signature Signature Julie A. Dennis Peter D. O'Bryan Director Chairman Title Division of Community Development Title Board of County Commissioners Date 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: Page 19 of 37 Rev. 9/27/18 72 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Attachment 1 SCOPE OF WORK Agreement # P0307 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 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 the design criteria for the living shoreline demonstration site, and shall 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 the installation of the small-scale living shoreline, design and install educational signs with Quick Response codes ("QR codes") 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. Grantee shall provide the design criteria for the living shoreline demonstration site and copies of the applications and issued permits from FDEP and USACE in accordance with Section 3.A. of this Scope of Work. Completion of Deliverable 1 as evidenced by submission of all of the following: 1. Site survey or assessment. 2. Typical cross-section. 3. Materials list. 4. Printed copy of conceptual plan. 5. Copy of permit application to FDEP. $5,500 As provided in Section 12 of this Scope of Work, below. Page 20 of 37 Rev. 9/27/18 73 DocuSign Envelope ID: 4F49ED83-A0E8-4535-8884-F1419D233380 Deliverable due date: February 15, 2019 6. Copy of permit application to USACE. 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. 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. Agreement # P0307 Deliverable 2. Grantee shall complete the 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 in accordance with Section 3.B. of this Scope of Work. Deliverable due date: June 14, 2019 Completion of Deliverable 2 as evidenced by submission of all of the following: 1. Photographs and/or video taken during the installation process. 2. Photographs of signs being installed at site. 3. Electronic copy of two (2) educational videos attached to the demonstration signs via QR codes in MP4 format. Grantee shall submit copies of all required documentation identified above on paper or electronically in MS Word or PDF format. 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 submitted on compact discs in MP4 format. If deliverables are submitted on USB or CD/DVD, Grantee shall $8,000 As provided in Section 12 of this Scope of Work, below. Page 21 of 37 Rev. 9/27/18 74 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 provide two (2) complete sets of deliverables on two (2) separate USBs or two (2) CD/DVDs. Total Amount Not to Exceed $13,500.00 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/or tasks 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. 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 Page 22 of 37 Rev. 9/27/18 75 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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-B, 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 1-6 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.S. 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: i. 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. Page 23 of 37 Rev. 9/27/18 76 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 under this 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. 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. Page 24 of 37 Rev. 9/21/18 77 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 whether the 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. This authority and procedure do not apply to an extension of the Agreement Period defined in Section A., Agreement Period, of this Agreement. Page 25 of 37 Rev 9/27/18 78 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 DEO'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 — Page 26 of 37 Rev. 9/21/18 79 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 Attachment 1-A — Invoice: Grantee's Subcontractor(s) (Contractual Services) GRANTEE'S NAME: FEIN: INVOICE 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 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 Rev. 9/27/18 80 DocuSign Envelope ID 4F49ED83-A0E8-4535-BBB4-F1419D233380 Attachment 1-B — Invoice: Grantee's Employee(s) INVOICE 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 Agreement # P0307 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 Rev. 9/27/18 81 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 Attachment 1-C — Invoice: Combination of Grantee's Subcontractor(s) and Grantee's Employee(s) INVOICE 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 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. 9/27/18 82 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Attachment 1-D Agreement # P0307 Page 30 of 37 Rev. 9/27/18 83 Rich Scott ECONOMIC Grant Agreement Ci;,v l'rr,rtllr Form FLORIDA DEPARTMENT OPPORTUNITY Final Closeout FLAIR Contract ID: Contract Amount Deobligated Funds Final Contract Amount $0.00 Recipient Name: Vendor ID: 50.00 Contract End Date: $0.00 Section A: Financial Reconciliation 1. Total Recipient Funds Received from DEO 2. Total Recipient Expenditures 3. Balance of Unexpended Program Income (from Section B) 4.1 negative, this amount must be refunded to the Department. If positive, this amount is to be remitted to 50.00 $0.00 $0.00 50.00 the Recipient. Section B: Statement of Recipient Income 0 There was no recipient income earned under this contract. ® The following recipient income was earned under this contract. Desalptlon of Recipient Income Source Amount Expended Balance Total Program Income $0.00 50.00 $0.00 Section C: Property Inventory Certification •• No tangible property was purchased in the contract period. 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. Description of Property Innen ory Description and Serial Number Quantity Acquisitions Condition location Cost Date Section D: Recipient Certification By signing below, I certify, that the above representations for Financial accurate. Name: Reconciliation, Recipient Income, and Property Inventory are true and Signature: Title: Date Signed: Section E: DEO Internal Review and Approval By signing below, I certify, that the above representations for Financial accurate. Name: Reconciliation, Recipient Income and Property Inventory are true and Signature: Title: Date Signed: Date Updated: September 29, 2015 Page 30 of 37 Rev. 9/27/18 83 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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. 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. 9/27/18 84 DocuSign Envelope ID: 4F49ED83-A0E8-4535-8B24-F1419D233380 Agreement # P0307 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 11, 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.myflorida.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. 9/27/18 85 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F14190233380 Agreement # P0307 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): Audit@deo.myflorida.com or Paper (hard copy): 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): Audit@deo.myflorida.com or Paper (hard copy): 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. 9/27/18 86 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 A. DEO at each of the following addresses: Electronic copies (preferred): Audit@deo.myflorida.com Agreement # P0307 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. 9/27/18 87 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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. 9/27/18 88 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 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 - $13,500 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 Rev. 9/27/13 89 DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 Agreement # P0307 ATTACHMENT 3 Audit Compliance Certification Grantee Name: FEIN: 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. 2. 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 other sources 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 Date Printed Name of Authorized Representative Title of Authorized Representative Page 37 of 37 Rev. 9/27/18 90 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN IF TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Environmental Specialist Work Order No. 8 - Morgan & Eklund, Inc. 2019 Beach Profile Monitoring Surveys (WINTER) December 18, 2018 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. The contract was renewed for an additional two-year term on October 4, 2018. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 8 provides winter -time countywide hydrographic surveying (beach profile) services for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to begin a 2019 countywide (22.4 miles) monitoring effort. Additionally, the winter 2019 Sector 7 beach profile survey will provide necessary data for the design of the upcoming Sector 7 beach re -nourishment project. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately -40 feet offshore (cross -shore). Only Sector 7 has additional quarter and half monument intervals to follow the physical monitoring requirements of the previous Sector 7 beach nourishment project. For project tracking purposes, Work Order No. 8 is divided into three (3) separate tasks. Task 1: Winter 2019 Sector 3 Beach and Dune Restoration Project Monitoring Survey (R -15-R-60) In 2012, the County completed construction of the Sector 3 Beach Restoration Project, which was subsequently repaired in 2015. The County has completed all Permit required post construction monitoring for the Sector 3 Project. However, hydrographic surveys of the project area must continue semi-annually to determine the Tong -term performance of the project and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Task 1 includes all surveying (7.5 miles) required to provide baseline 2019 physical monitoring data for the upcoming Sector 3 Beach and Dune Project area. Task 1 totals a lump sum amount of $25,300. 91 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180F6B86\@BCL@180F6B86.docx Page 2 2019 Winter Beach Profile Survey BCC Agenda Item January 8, 2018 Task 2: Winter 2019 Sector 7 Project Monitoring (R -97-R-108) In the spring of 2007, the County completed construction of the Sector 7 Beach Restoration Project and has completed all Permit required post construction monitoring for the Sector 7 Project. However, the County is currently under design for a re -nourishment project following two hurricanes leaving Sector 7 with significant storm damages. This area requires additional intermediate survey lines which were a part of the initial Sector 7 monitoring requirements. Task 2 includes all surveying (2 miles) required for annual monitoring of the Sector 7 Beach Nourishment Project area and for design of the re -nourishment project. Task 2 totals a lump sum amount of $17,050. Task 3: Winter 2019 Countywide Beach Monitoring (R-61 — R-96 and R -109-R-119) For the shoreline outside of the Sector 3 and Sector 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Sector 5 Beach Restoration Project. Task 3 includes the remaining countywide (9 miles) beach profile surveys. Task 3 totals a lump sum amount of $25,850. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2019 beach profile survey data (winter and summer) to the County, resulting in a complete 22.4 mile countywide (semiannual) beach profile survey and a combined annual savings of approximately $30,000 to the County. FUNDING Funding for the individual tasks are as follows: Task 1: Winter 2019 Sector 3 Semi -Annual Monitoring Survey (R -15-R-60) Funding for Task 1 is currently not budgeted and but may be available through a budget amendment from Beach Restoration/Cash Forward — Oct. 1st to the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 1 totals a lump sum amount of $25,300 Task 2: Winter 2019 Sector 7 Semi -Annual Monitoring (R -97-R-108) Funding for Task 2 is budgeted and available for physical monitoring of the Sector 7 Beach Restoration Project area in the Sector 7 Beach Renourishment/Hurricane Matthew fund, Account No. 12814472-066512-17001. Task 2 totals a lump sum amount of $17,050. 92 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 180F6B86\@BCL@ 180F6B86.docx Page 3 2019 Winter Beach Profile Survey BCC Agenda Item January 8, 2018 Task 3: Winter 2019 Countywide Beach Monitoring (R-61 — R-96 and R -109 -R -119J Funding for Task 3 is currently not budgeted but may be made available through a budget amendment from Beach Restoration/Cash Forward — Oct. 1st to the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 3 totals a lump sum amount of $25,850. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 8, and a budget amendment for $51,150 to fund tasks 1 and 3 as described above, to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Morgan and Eklund, Inc. Work Order No. 8 APPROVED AGENDA ITEM FOR: JANUARY 8, 2018 93 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180F6B86\@BCL@180F6B86.docx Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2019 Beach Profile Monitoring Surveys (Winter) WORK ORDER NO. 8 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2018-2020 This Work Order No. 8 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 8 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 8 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2019 Beach Profile Monitoring Surveys (Winter); Florida Department of Environmental Protection Reference Monuments R-15 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 8; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". C:\Users\debbie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\AVJOWLNM\2019 Beach Profile Monitorin94 Surveys WINTER -- Morgan and Eklund WO No.8 signature page.docx IRC Work Order No.7 Morgan and Eklund, Inc 2018 Beach Profile Monitoring Surveys (Summer) June 19, 2018 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2018. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Morgan and Eklund, Inc. John R. Morgan, President (Printed name and title) Witnessed by: @tipOvairIM Oaf (Seal) Deputy Clerk (Signature) Approved: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney 95 C:\Users\debbie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\AVJOWLNM\2019 Beach Profile Monitoring Surveys WINTER -- Morgan and Eklund WO No.8 signature page.docx Exhibit A M&E Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-388-6364 Vero Beach, Florida 32967 Fax: 772-398-3165 November 30, 2018 (Revised December 7, 2018) Indian River County Attn: Mr. James Gray, Jr. Coastal Engineer 1801 27th Street, Building A Vero Beach, FL 32960 RE: 2019 Winter Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 together with Sector 7 Project Lines Dear James: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119 together with the intermediate lines for Sector 7, a total of 124 beach profile lines. All data collected will be in accordance with the FDEP- approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. The survey will be performed in January/February 2019 with drawings and reports completed in April 2019. Additionally, the landward occurrence of rock outcroppings will be identified along each profile line. In accordance with the scope of work as provided, I estimate our costs to be as follows: I. Winter 2019 Sector 3 Beach and Dune Restoration Project Monitoring Survey (R-15 to R-60) 46 Onshore/offshore profile lines @ $550/line $ 25,300.00 96 II. Winter 2019 Sector 7 (R-97 to 14-108 together with R-99.5, 100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103.75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75, 106.5 and 107.5) 31 Onshore/Offshore profile lines @ $550/line $ 17,050.00 III. Winter 2019 Countywide Beach Monitoring (14-61 to R-96 and R-109 to R-119) 47 onshore/offshore profile lines @ $550/line $ 25,850.00 Total Cost 1 -III $ 68,200.00 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. President JRM:dmc i organ, II, PLS Indian River County 2 12/7/20197 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: Final Payment, Release of Retainage and Change Order No. 1 for Gifford Area Stormwater Project, IRC -1502 DATE: December 19, 2018 DESCRIPTION AND CONDITIONS On May 1, 2018, the Board of County Commissioners awarded Bid No. 2018045 to Johnson -Davis, Inc. in the amount of $211,365.00 to construct drainage improvements in the area of Gifford bordered by 43rd Street to the north, 41st Street to the south, 28th Avenue to the west and the F.E.C.R.R. (Florida East Coast Rail Road) to the east. This project is identified as Action 11.1 in the Gifford Neighborhood Plan approved by the Board in July of 2014 and scheduled for completion by Public Works by 2018. Change Order. No. 1 makes final adjustments to contract bid items resulting in an increase to the total contract amount by $4,570.32 for a final cost of $215,935.32. Johnson -Davis, Inc. has successfully completed the project and has been paid $194,641.05 with $10,244.27 held in retainage. Johnson -Davis, Inc. has submitted Contractor's Application for Payment No. 4-F for final payment of $11,050.00 and release of retainage in the amount of $10,244.27 for a total of $21,294.27. FUNDING Funding is available from the following: Optional Sales Tax/Stormwater/East Gifford Account No. 31524319-066340-15017 Drainage $11,050.00 Optional Sales Tax/Stormwater/East Gifford Account No. 315-206000-15017 Drainage Retainage $9,439.63 Utilities Conflict Retainage Johnson -Davis Account No. 471-206000-18534 $804.64 98 Page Two Final Payment, Release of Retainage and Change Order 1 for Gifford Area Stormwater Project BCC Agenda Date January 8, 2019 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 4-F in the amount of $21,294.27. ATTACHMENTS 1. Contractor's Application for Payment No. 4-F 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JANUARY 8, 2019 99 C :\Users\leg istar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@480D9721 \@BCL@480D9721.doc SECTION 00622 - Contractor's Application for Payment GIFFORD AREA STORMWATER PROJECT Application for Payment No. 4-F For Work Accomplished through the period of 11/01/2018 through 11/30/ 2018 To: Indian River County (OWNER) From: JOHNSON-DAVIS, INC. (CONTRACTOR) Project No: IRC -1502 Bid No.: 2018045 1) Attach detailed schedule and copies of all paid invoices - 1. Original Contract Price: 2 Net change by Change Orders and Written Amendments (+ or -): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): 10% of completed Work: 0% of retainage: $0.00 Total Retainage: Total completed and stored to date less retainage (4 minus 5): Less previous Application for Payments: DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: $211,365.00 $4,570.32 $215,935.32 $215,935.32 $0.00 $215,935.32 $194,641.05 $21.294.27 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractor's Application for Payment -04-final 00622 - 1 H:IEXCEV.CURRENT JOBS - 200'S215O1',00522 - Cont -actor's Apoc.cat,on for Payment--final.doc. Rev. CO8:'1 1 00 Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310, and Dated //A fig By: (CONTRACTOR — muster signed by an Officer of the Corporation) ,e,o eser - k ms Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared RPer74 (ter , who being by me first duly sworn upon oath, says that he/she is the v: co- 6r16.47 j- of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and swom to before me this n 4, day of 2' , 20 ie . Ao tf (Z is personally known to me or has produced as identification. (SEAL) p� Y Put. LARISA DIM PELKEY Commission:* GG 157707 Expires January 22, 2022 Boded five Budget Notary Please remit payment to: Contractor's Name: NOTARY PUBLIC:,/ Printed name: / n-, 7 - p,- 17/ -51 -- Commission No.: �q /5-77 Commission Expiration: .0/. /nfc. Address: 9 4 74- .2r, - a .2 ********* *A AA AAAA***-* AA A**AAAAA k********** ****************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment -04-final 00622 - 2 H:\IXCEL\CURRENT JOBS - 200'S\21501100622 - Contractors Application for Payment -04finaLdoc Rev. 05/01 101 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, LIBERTY MUTUAL INSURANCE COMPANY Page 3 of 5 ,a corporation, in accordance with Public Construction Bond Number 016215860, 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: C)(\\Gv� `A(N\A''✓ LIBERTY MUTUAL INSURANCE COMPANY Secretary Lian Mier, Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety 175 Berkeley Street Boston, MA 02116 Business Address BY: Print Name: Benjamin A. Stahl Title: Attorney -in -Fact (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Benjamin A. Stahl, to me well known or who produced well known as identification, who being by me first duly sworn upon oath, says that he/she is the Attorney -in -Fact for LIBERTY MUTUAL INSURANCE COMPANY and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and swom to before me this 3rd day of December , 20 18 ry,Publ c Std of GEORGIA Mommission Expires: June 12, 2022 [The remainder of this page was left blank intentionally] 016215860 J -D 00622 - Contractor's Application for Payment-04-final.doc 00622 - 3 C: Wsers1msignontAppOataLLxalWiaosoR4WindowstTemporary Internet FilestContenl OutlooktRT2AMM041016215860 J-0 00622 - Cor 2aGofs Apphcat on for Payment -04-final doc Rey 05/01 102 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8195687- 016072 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maria Signorile; Benjamin A. Stahl; Elizabeth K_ Sterling; Wesley P. Williams ail cf the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings. bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF. this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of September , 2018 . rA a) 0) c State of PENNSYLVANIA 3 • County of MONTGOMERY ss o� N > -6 c6 3 _•D C-� O N d ca) m 0) - mo r0� 0)4-, =- 0.= _O tU -o - To c >0 O L Z o Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By. David M. Carey, Assstant Secretary On ths 7th day of September , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he. as such. being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at 1Gng of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Natalia Seal Teresa Pasteka, l awry Public UoOr MenonTwp MbnI)n. ..ly Co% y M Commis " Eapres M. 28.2021 Member. Pyroyh,a a A.sxJCaocn 1 NotiMs By: ,(41646 IQd[I.LCari Teresa Pastella, Notary Public This Power of Attceney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in tuff fcrce and effect reading as fella's: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writirg by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -it -fad, subject to the imitations set kith in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of arty such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of ths article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such imitations as the chairman or the president may prescnbe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attomeys-in-fad subject to the imitations set forth in their respective powers of attorney. shall have hill power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Caney, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds. shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the orginat power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by sad Cpmpanies, sin full force and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this .3rd day of December , 2018 . LMS -72873 LMIC OCIC WAC M,5 C0,062018 By: Renee C. Llewellyn, Assistant Secretary 103 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 12 -20 -- LoiP 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 SIGNATURE *********-F*********************'***********************************************pt********* [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractors Application for Payment -04-final 00622 - 4 H.EXCELCURRENT JOBS - 200'S'•21501,00622 - Cor..racices Application for Paymer: -04-finai.9oc Rev. 05i:1 104 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): 4//1- 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): 00622 - Contractors Application for Payment -04-final 00622 - 5 H:\EXCELCURRENT JOBS - 200'S'21501\00622 - Ccnt-actors Applicahov ice Payment -C-inaLdoc Rev. 05101 105 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the Job of Indian River County BOCC (Owner), for improvements to the following described project: Gifford Area Stormwater Project; Bid No.: 2018045 Project No.: IRC -1502 Indian River County, Florida Dated On r 6yr47J Lienor's Name: Address: By: Printed Name/ Title: Allied Trucking od Palm Beach LLC Sworn to and subscribe before me this ontyll moo or dr V O°8a/es Si?t e o l otary Public Commiss ned State of Florida Uig#o1 Hoaec s Print Ng"4 j eq.'�v.dr �llc VICTOR :r MY COW/45510N t FF 899453 r- �� : a EXPIRES: August 15, 2019 '?A: .••• u Nobly PubiclIndenwilars Personall Known XX or, Produced Identification: Tht ; j /�G �'/bvyi ype of Identification Produced: NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different front the statutory form_ 106 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of Indian River County BOCC (Owner). for improvements to the following described project: Gifford Area Stormwater Project; Bid No.: 2018045 Project No.: IRC -1502 Indian River County, Florida Dated On .J),"(e n.- 4, „261 Lienor's Name: Lake Point Restoration LLC Address: 12012 South Shore Blvd., Suite 107 Wellington, FL 33414-6397 / By: / c7u-t, C.t'�1 ../A...4 --- Printed Name Title: 0,„, e Vie.., CO v�la--- Sworn to and subscribe before me this p'k-CQ.4J - 1f #6, 004 Signature of Notary Public Commissioned State of Florida ;<•' •k�_ CHRISTINE E HENLEY MY COMMISSION # FF977409 V�1•QP�~ EXPIRES March 31. 2020 Rriii§ ame9f iNotarysPublie Personally Known XX or, Produced Identification: Type of Identification Produced: NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 107 (? F 010,9A0 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of Indian River County BOCC (Owner), for improvements to the following described project Gifford Area Stormwater Project; Bid No.: 2018045 Project No.: IRC -1502 Indian River County, Florida Dated OnQ,�� AO to Lienor's Name: Mack Concrete Industries, Inc. Address: 23902 COUNTY RD -561 ASTATIJjLA, FL 94705 By:,I i �r ,' i- Printed Name/ Title: SA AH A JACKSON Sworn to and subscribe before me this Vec /l�tf ignature o y Public Commissioned State of Florida "%<. CONNIE WILSON Ojet.MY COMMISSION # 00245954 %-„,,ofP EXPIRIS August 17. 2022 RMhAhMN.pnn w+MAArkMM; Print Name of Notary Public Personally Known XX or, Produced Identification: Tvne of Identification Produced: NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Johnson -Davis Inc. on the job of Indian River County BOCC (Owner), for improvements to the following described project Gifford Area Stormwater Project; Bid No.: 2018045 Project No.: IRC -1502 Indian River County, Florida Dated On id. Vi r6 Lienor's Name: Range Construction Industries Inc. Address: -O, 60XX I Qts �f kS's atm 2,91 By: Printed Name/ Title: Sworn to and subscribe before me this 6CQ1th¢r y , 7,612) 6'i-e.5oh , Si =nature of Notary Public Print Name of Notary Public Commissioned State of Florida Personally Known XX or, Produced Identification: Type of Identification Produced: ANO Gregoda Estrella NOTARY PUBLIC STATE OF RARIDA "144,:,..1,1,.`,.?;*- Cunnr*FF958335 xpires 2/8/2020 NOTE: This is a statutory fora: prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 109 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of S10.00, hereby waives and releases its lien and right to claim a hen for labor. services or materials furnished to Johnson -Davis Inc. on the job of Indian River County BOCC (Owner), for improvements to the following described project: Gifford Area Stormwater Project; Bid No.: 2018045 Project No.: IRC -1502 Indian River County, Florida Dated On I L- q _ i Lienor's Name: Unlimited Turf, LLC Address: 850 NW Federal Highway, Ste 170 Stuart, FL 34994 By: Printed Name/ Sworn to and subscribe before me this t e _ .14 t 71 Signature of Notary Public Commissioned State of Florida Chri e -1 e is . Print Name of Notary Public Personally Known XX or, Produced Identification: Type of Identification Produced: tvotary'ubi'c State of Floes 14:4i_14t(1. Chf ore P Repass MY Cote P slonRep ss 158404 zpr NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 110 8 8 8 8 2 8 8 8 8 0 8 8 8 9 a 8 a 8 8 80 8 g 8 fa 8 I a 8 8 8 A 8 A 0 8 8 3 ` 1 8 8 8 A i 8 8 8 8 8 8 8 8 8 8 tl 8 8 $8 p8 8 aO 8 8 9 8 Q8 E 8 8 8 o 8 8 8 8 -4 8 A 8 8 8 $ 8 0 1 8 8 8 8 8 8 8 8 8 8 8 8 Q8 E 8 8 8 8 i 2 8 3 9 8 A 9 9 h 6 5 W 3 � 3 � 8 1 F. a g 2 0 0 0 8 6 z 8 9 W 8 8 i 2 Z a 3 9 9 0 8 8 8 8 8 8 0 0 f 8 5 0 O 8 f SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: January 8, 2019 EFFECTIVE DATE: January 8, 2019 OWNER: Indian River County CONTRACTOR Johnson -Davis, Inc. Project: Gifford Area Stormwater Project OWNER's Project No. IRC -1502 OWNER'S Bid No. 2018045 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes (Detailed backup for all changes is on file and available for viewing in the County Engineering Division) CHANGE IN CONTRACT PRICE: Descri•tion Amount Original Contract Price $211,365.00 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: Net increase of this Change Order: $4,570.32 (days) 60 900_________ Contract Price with all approved Change Orders: $215,935.32 ACCEPTED: -By;,Johnson-Davis, Inc. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Descri •tion Time Original Contract Time: Substantial Completion: Final Completion: (days) 60 90 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days) 0 0 Contract Time with all approved i Change Orders: Substantial Completion: Final Completion: (days) 60 900_________ RECOMMENDED: By:Kirstin Leiendecker, P.E. ENGINEER (Signature) Date: Z -Z0 - ZCI(l?: 00942-1 APPROVED: By: OWNER (Signature) Date: IRC-1502_FC 0942_2019Q 1.Q F \Public Works\ENGINEERING DIVISION PROJECTS 1.1502-E Gilford Drainage_41s1 SI to 43rd St11-Admin\agenda dems1Prolect Closeout\IRC-1502_FC0942_20190108.doc Rov 05101 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: GIFFORD AREA STORMWATER PROJECT I.R.C. PROJECT NO. 1502 BID NO. 2018045 . xoar Yic_ 44 zo _ x U_nit qu_, a. ni1 ;-UnPri..:ce , cA,Iricrease '7 ICe Deicrease, 120-1 REGULAR EXCAVATION CY 17 17.00 289.00 700-1-40 SINGLE SIGN POST - INSTALL EA 11 250.00 2,750.00 900.00 1080-15 UTILITY FIXTURE, ADJUST & MODIFY EA 3 300.00 285-7-11 OPTIONAL BASE, BASE GROUP 11 SY 30 20.00 600,00 334-1-11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A, 1-1/2" TN 12 415.00 4,980.00 430-174-215 PIPE CULV, 14" X 23" ERCP LF 45 100.00 4,500.00 430-982-625 MITERED END SECT, 14" X 23" EA 1 1,700.00 1,700.00 530-3-4 RIPRAP, RUBBLE, R & I DITCH LINING TN 19 140.00 2,660.00 570-1-2 PERFORMANCE TURF, SOD SY 212 5.00 1,060.00 WCD 1 ADDITIONAL WORK/UTILITIES LS 1.00 23,009.32 23,009.32 FORCE ACCOUNT 30,000.00 SUBTOTALS 38,509.32 33,939.00 GIFFORD AREA STORMWATER PROJECT TOTAL $ 4,570.32 113 00310-1 F:1Publio Works\ENOINEERING DIVISION PROJECTS11502-E Gifford Dminago_41,1 01 to 43rd 5111-AdmIn1ogonda iloms\ProJect ClosaoulORC-1502_FCO_20190100 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM iii CONSENT TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Approval of First Extension and Hourly Rate Increase for Day Labor Services Provided by People Ready of Florida - Bid 2018035 DATE: December 12, 2018 BACKGROUND On March 20, 2018, the Board of County Commissioners awarded Annual Bid 2018035 to People Ready (formerly Labor Ready) to provide day laborers on an as -needed basis for general labor activities. Road and Bridge primarily utilizes the contract for general labor and Maintenance of Traffic (MOT) operations. Additionally, the contract is utilized by Utility Services, Parks Maintenance, Facilities Management, and Traffic Engineering for day labor. The contract period was from the date of award through December 31, 2018, with options for two one- year extensions. Road and Bridge is satisfied with the services provided by People Ready and has requested execution of the first extension of the agreement. The current hourly rate under the bid is $12.29. Staff has received a request from People Ready to match the Florida minimum wage increase of $0.21 for 2019 and an increase for workers compensation. If approved by the Board, the new hourly rate will be $12.86 and the increase would be effective for workers utilized after the date of Board action. The terms of the annual contract state any change in price, terms or conditions shall be accomplished by written amendment to this contract with final approval requiring Board action. It further states the vendor, for good cause, upon 90 days prior written notice may cancel this contract. The County retains the right to cancel this contract, with or without good cause, upon 30 days prior written notice. Based on 2018 utilization, Road and Bridge estimates 35,000 -day labor hours to be required for the period January 8, 2019 through the end of the first extension on December 31, 2019. The current and requested rate costs are detailed below. Total Increase for Road and Brid ' e Several other departments also utilize this contract for as needed labor. In total, they have set aside approximately $62,300 for the remainder of the FY for as needed day labor. Should that entire allotment be required by the end of the FY, the minimum wage increase and an increase for workers compensation would result in an additional $2,889 across those departments. 114 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 100E6A2E\@BCL@ 100E6A2 E. doc PAGE TWO Consent Agenda item for 01/08/19 Approval of First Extension and Hourly Rate Increase for Day Labor Services Bid 2018035 FUNDING The additional $19,950 to fund the requested increase will be made available in Account No. 11121441- 033470, Road and Bridge Division - Contracted Labor Services. RECOMMENDATION Staff requests the Board of County Commissioners approve the First Extensions to the Agreement and authorize the Chairman to execute it after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. Staff also requests the Board of County Commissioners approve the $0.57 hourly rate and workers compensation increase and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate with People Ready for the period beginning January 9, 2019 through December 31, 2019. ATTACHMENTS First Extension - People Ready Rate Change Request Letter from People Ready APPROVED AGENDA ITEM FOR JANUARY 8, 2019 115 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@100E6A2E\@BCL@100E6A2E.doc FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR TEMPORARY DAY LABOR SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide temporary day labor services is entered into effective as of January 8, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and PeopleReady of Florida, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Day Labor Services Effective March 20, 2018. WHEREAS, Article 3 of the Agreement contains the term and renewal provisions. WHEREAS, the first term commenced effective as of March 20, 2018 and ended on December 31, 2018. WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provision to the Agreement. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective January 8, 2019 and shall end on December 31, 2019; one additional renewal term is available beyond this first renewal. 3. The hourly rate for this First Extension shall be increased to $12.86 per hour. 4. The following terms are added to the Agreement: A. Contractor certifies that it and those related entities of Contractor as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined above by Florida law are not 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 Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. B. Owner may terminate this Contract if Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 116 C. Owner may terminate this Contract if Contractor, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 5. All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed effective the day and year first set forth above. PEOPLEREADY OF FLORIDA, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Bob Solari, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 117 111 people ready A TRUEBLUE COMPANY December 03, 2018 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Re: Bid No. 2018035 Dear Indian River County: People Ready would like to request an adjustment to the current hourly rate to reflect the new minimum wage for 2019. If approved, the new rate would go in effect starting January 1, 2019. The current hourly rate of $12.29 will be adjusted to reflect the minimum wage increase of $.21 and a 3% increase for workers compensation. The new hourly rate will be $12.86. Thank you for your time. Please contact me with any questions. Sincerely, Chris Edick Branch Manager 1015 A Street 1 Tacoma, Washington 98402-2634 Man 877.736.7535 Email info@peopleready.com Web PeopleReady.com CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 26, 2018 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2019007 — Natural Areas & Exotic Vegetation Management/Mowing BACKGROUND: The Parks Division requested the solicitation of bids to provide mowing and vegetation management for conservation areas and other public lands. The County currently manages and maintains more than 2,500 acres and 25 miles of trails on conservation lands. Multiple conservation areas are also being opened to the public for passive recreation. Finally, the Sebastian Area -wide Florida Scrub -Jay Habitat Conservation Plan (HCP) requires regular mechanical treatment for land management. This is a new solicitation, with a term of one year, with two one-year renewals available, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: November 12, 2018 December 12, 2018 840 Subscribers 22 Vendors 1 Vendor Hourly rate with Operator Bidder Location Excavator w/mower head (50,000 lb/300 hp aux) Track Type Whole Tree Chipper Skid Steer Mower Excavator w/mower head (40,000 Ib/175 hp aux) Excavator w/ root rake & thumb only John Brown and Sons, Inc. FL Vero Beach $225.00 $250.00 $112.50 $165.00 $125.00 119 CONSENT ANALYSIS: Mowing and vegetation management by mechanical means is a more efficient way to control exotics, clear new trails and maintain firebreaks and trails. This bid is anticipated to be utilized by multiple County departments, as needed. John Brown and Sons has provided similar services to the Parks Division and other County departments in the past several years and has performed well. SOURCE OF FUNDS: The estimated annual cost for exotic vegetation mowing for conservation lands management is $20,000. Funding is available from the MSTU Fund/Parks Conservation/Other Contractual Services Account 00421072-033490. RECOMMENDATION: Staff recommends the Board award bid 2019007 to John Brown and Sons, Inc. FL. Staff also recommends the Board approve the sample agreement and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency, and after approval of the required insurance by the Risk Manager. Attachment Sample Agreement 120 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Natural Areas and Exotic Vegetation Management/Mowing ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Natural Areas & Exotic Vegetation Management/Mowing Bid Number: 2019007 Project Address: Multiple throughout the County ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the date indicated on each individual work order. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents is the items of work multiplied by the verified number of hours it took to perform the work. 1 121 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the Division of Emergency Management (hereinafter referred to as the "Division"), the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data 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 2 122 of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to _, inclusive); (2) Notice to Proceed (3) Certificate of Liability Insurance (5) Invitation to Bid 2019007 (6) Addenda (numbers_to_, inclusive); (7) CONTRACTOR'S Bid Form (pages _ to _, inclusive); (8) Bid Bond (pages _ inclusive); (9) Bidders Questionnaire (pages _ to _, inclusive); (10) Drug Free Workplace Form (pages _ to , inclusive) (11)Affidavit of Compliance (page _); 3 123 (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _to _, inclusive); (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (14) Certification Regarding Lobbying (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms: Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract: No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns: OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue: This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance: A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 4 124 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for 5 125 training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Tess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be 6 126 computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Division, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Division, State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 7 127 (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Indian River County, the Division, the State of Florida, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide the Division, State of Florida, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 8 128 M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 9 129 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. F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of respondent as defined above by Florida law are not 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 Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 10 130 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Designated Representative: Name: Beth Powell Name: Title: Conservation Lands Manager Title: Address: 5500 77th Street, Vero Beach, FL 32967 Address: Phone: (772) 226-1873 Email: bpowell@ircgov.com Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boy11'° " o Human Resources Director DATE: December 31, 2018 SUBJECT: Revision to Overtime Policy AM -301.3 Providing for Declared Emergency Pay for Exempt Employees BACKGROUND: In the event of a declared emergency, employees of Indian River County Board of County Commissioners (IRCBOCC) may be assigned to perform work in order to prepare for and respond to the emergency. Currently, the County has established policies to provide compensation to hourly (non-exempt) employees for hours worked during the declared emergency. Currently, there is no written policy to provide additional compensation to salaried (exempt) IRCBOCC employees who perform work during the declared emergency beyond the normal work schedule. Staff is recommending that the Board of County Commissioners modify our policies to provide for additional compensation to exempt salaried employees for hours worked beyond a normal work schedule in support of a declared emergency. Additional compensation will be calculated based on the additional hours worked at a rate of pay equal to the employee's hourly salary as used for the purpose of payroll calculations. Compensation would be in addition to the employee's normal biweekly salary. FUNDING: Funding for these expenditures would be included in the funding for expenses associated with a declared emergency. RECOMMENDATION: Staff recommends the Board approve the amendment to Administrative Policy AM -301.3 Overtime to include a provision for additional compensation to exempt employees who work additional hours during a declared emergency. ATTACHMENTS: AM -301.3 Overtime Policy 132 ADMINISTRATIVE POLICY MANUAL SECTION HUMAN RESOURCES NUMBER AM -301.3 EFFECTIVE DATE 1/08/2019 SUBJECT OVERTIME PAGE 1 of 2 It is the policy of the County not to work employees beyond the regularly scheduled work week unless conditions warrant. This policy will be governed by applicable Fair Labor Standards Act regulations for Public and Public Safety employees. 1. All full-time employees normally work a standard number of hours each week, as described in unit HOURS OF WORK, AM -208.1. The standard number of hours are determined based on the position type and budgeted hours. 2. Management may schedule overtime beyond the standard budgeted work week hours when it is in the best interest of the County and is the most practical and economical way of meeting workloads or deadlines. An employee must receive prior approval from the supervisor prior to working additional hours. Employees are not authorized to work additional hours without prior approval. 3. Employees will be required to work overtime when requested by management unless excused by management. The County will attempt to provide advance notice of the need to work overtime. There may be instances where advance notice cannot be provided. Employees may volunteer to work overtime and should communicate that interest to their supervisors. Overtime will only be scheduled for those employees fully qualified to perform the work required. All other factors being the same, seniority may be used as a selection factor. In most work units, efforts will be made to equalize overtime among employees who are similarly classified. 4. Employees who are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act are referred to as "nonexempt," meaning not exempt from that law. Those who are "nonexempt" are eligible for overtime pay at one and one-half times their pay rate for hours worked beyond (40) forty in one week. Non-exempt employees whose standard number of hours each week is less than (40) forty, will receive straight time for overtime hours worked that are excess of the standard hours and do not exceed (40) forty hours in one week. Non-exempt employees are classified in the "L", "M", "N", and "S" groups as discussed in the unit PAYROLL/SALARY ADMINISTRATION, AM -301.1. Employees who are "exempt" are not eligible for overtime pay and these employees are classified in the "A" and "E" groups in the salary administration unit. During a declared emergency, additional compensation may be paid to "exempt" employees, as approved by the County Administrator, at a rate not to exceed the employee's hourly salary as used for the purpose of payroll calculations as identified in number 8 below. 5. When computing overtime compensation, vacation, holidays, bereavement leave, jury duty, paid emergency leave during a declared emergency, and military leave shall be 133 ADMINISTRATIVE POLICY MANUAL SECTION HUMAN RESOURCES NUMBER AM -301.3 EFFECTIVE DATE 1/08/2019 SUBJECT OVERTIME PAGE 2 of 2 considered as time worked. Other absences from work while on pay status, such as sick leave, will not be counted as time worked for overtime computation. 6. Compensatory time shall not be used as compensation for overtime. 7. During a declared emergency, if non-union employees are relieved of duty and provided paid emergency leave (ex. hurricane leave), any non-union employee who is required to work will be paid at time and one-half for hours worked. If an employee works part of their normal shift, the non -working hours that fall within their normal work schedule will be paid as emergency leave and the working hours will be paid at time and one-half. Time that extends beyond the normal shift will be paid at time and one-half. Other absences from work while on paid leave to include sick leave will be counted as time worked for overtime computation. This will only apply to the work week in which paid emergency leave is granted. Subsequent work weeks, will return to the overtime compensation criteria identified above. 8. During a declared emergency, "exempt" employees who are assigned to work when other "exempt" employees are relieved of duty and provided paid emergency leave, are eligible to receive additional compensation for hours worked beyond a normal work schedule. Compensation will be in addition to the employee's normal salary and will be calculated based on the additional hours worked at a rate of pay equal to the employee's hourly salary as used for the purpose of payroll calculations. The County Administrator will identify the beginning and ending dates that exempt employees will be eligible for additional compensation. Exempt employees will be required to document their time and work performed on the required forms. JASON E. BROWN DATE 134 VK CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners FROM: Kristin Daniels Director, Office of Management & Budget DATE: January 2, 2019 SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) DESCRIPTIONS AND CONDITIONS In January of each year the Board of Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact fees, petition paving assessments and any other financing. County policy has been to set this rate equivalent to the prime interest rate as published in the Wall Street Journal and other financial news outlets, with the exception that the rate will not be set lower than 5.00% for County financing, as approved by the Board of County Commissioners on December 15, 2015. The 5.00% interest rate is equivalent to the maximum interest rate on County utility revenue bonds, and was established to prevent the County from lending at lower rates than our own borrowing costs The prime interest rate listed on Bloomberg on Thursday, December 27, 2018, was 5.50%. Staff recommends increasing the interest rate charged by the County from 5.00% to 5.50%. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fixed interest rate of 5.50%. Staff further recommends that this rate remain in effect for calendar year 2019 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. ATTACHMENT County Financing Interest Rate History Meeting Date January 8, 2019 135 COUNTY FINANCING INTEREST RATES Historical Amounts Compared to Interest Rate Benchmarks Calendar Year County Rate 2019 (Recommended) 5.50% 2018 5.00% 2017 5.00% 2016 5.00% 2015(1) 5.75% 2014 5.75% 2013 5.75% 2012 5.75% 2011 5.75% 2010 5.75% 2009 5.75% 2008 (2) 5.75% 2007 8.25% 2006 7.00% 2005 5.75% Interest Rate 9.00% 8.00% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% ti Historical Interest Rates 11 11111111111TM11 111111111111111 111111111111111 111111111111111 111111111111111 �0'\5 .LO 20 .LO ,LO rL0 �O Calendar Year (1) On February 5, 2002, the Board of Commissioners adopted a minimum interest rate of 5.75%. This rate is equivalent to the interest rate on County utility revenue bonds. This prevents the County from lending at lower rates than our own borrowing costs. After early payoff of Series 2005 Water & Sewer Revenue bonds in 2015, the maximum interest rate on utility bonds is 5.00%, therefore, on December 15, 2015, the Board of County Commissioners approved decreasing the minimum interest rate to 5.0% (2) On December 18, 2007, the BCC approved setting this at the minimum rate of 5.75% as opposed to the prime rate of 7.25% in light of current economic conditions. Note: The County sets a standard interest rate on all financing at the beginning of each calendar year. This rate is equivalent to the prime rate as published on Bloomberg, with a minimum rate of 5.00% adopted on December 15, 2015. F:\Budget\agenda items\agenda 201819\interest rate history chart 136 December 10, 2018 Sheriff Deryl Loar Indian River County Sheriff's Office The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman Solari: The Indian River County Sheriffs Office has been engaged in collective bargaining with the International Union of Police Associations (IUPA) representing the Deputy Sheriff (Law Enforcement) bargaining unit since April of 2018. The single article of the collective bargaining agreement open for negotiations is the article involving wages. The Indian River County Sheriff's Office seeks to schedule an executive session (as allowed under F.S. 447.605) with the Board to discuss this article as it involves a significant financial impact on the agency's budget. This meeting is exempt from F.S. 286.011. Present at the executive session for the Sheriff's Office will be Undersheriff James Harpring. In addition to the Board, it is requested that County Administrator, Jason E. Brown, be present at the executive session. It is requested that a time certain of 10:00 a.m., January 15th, 2019, be scheduled for the executive session to discuss the resolution of the impasse related to the Indian River County Sheriff's Office and IUPA collective bargaining agreement. Sincerely, 1L Deryl Loar, Sheriff DL/jh 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.ircsheriff.org 11`.00:7): 137 /a/1l Public Hearings - B.C.C. 1.8.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: December 18, 2018 SUBJECT: Biosolids Moratorium Extension Ordinance BACKGROUND. Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids are currently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. F.•UrromrylLildolC,EYFRALIB C ClAgrodoMemorlBiosoNd. Moratorium Publm Hearing Ordlna ee January 2019.d 138 On December 11, 2018, after significant discussion on the studies that have taken place so far on the biosolids issue, including a presentation from the County's consultant and St. Johns River Water Management District staff, the Board authorized the County Attorney's Office to draft an ordinance that extended the moratorium. Per the Board's direction, the attached draft ordinance establishes another 180 day temporary moratorium on the land application of Class B biosolids in the unincorporated areas of Indian River County. FUNDING. The cost of publication of the required public notice for the public hearing was $143.55. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Biosolids Moratorium Ordinance F Urro,,.y i aGENERILB CCWgeniw AirmosIBiosolids MoratorivIn Pulte Nearing OrAnanrJmiwary 20.19. doe 139 ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids was being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 1 140 ORDINANCE NO. 2019 - WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, analyzing historic St. Johns River Water Management District data, has identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection TAC, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 2 141 ORDINANCE NO. 2019 - WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 180 days, beginning January 14, 2019, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 14, 2019, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. AM currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the effective date of this ordinance. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. 3 142 ORDINANCE NO. 2019 - Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date of this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 18th day of December, 2018, for a public hearing to be held on the 8th day of January, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted. The vote on this ordinance was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of January, 2019. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman 143 ORDINANCE NO. 2019 - ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of January, 2019. 5 144 Treasure Coast Newspapers 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 Copvline PO # 461741 - INDIAN RIVER COUNTY ATTORNEY'S OFFICE Pub Dates December 18, 2018 2184603 NOTICE OF PUBLIC HEARING 12/18 Sworn to and subscribed before me this day of, December 18, 2018, by 4z/ aLL who is Natalie ZoIIAr (X) personally known to me or ( ) who has produced as identification. sg' Karol Kangas 1/ Notary Public KAROLEKANGAS I *'; Notary Pubdc - State of Florida Cornmissl0n I GG 126041 My m. Explres Ju129, 2021 I I ,�O" .. (umBanded Ihiag6 Naaorul lbeayAw. NOTICE OF INTENT PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPO- RARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICA- TION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POS- SIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRA- TIVE REMEDIES; AND PROVID- ING FOR CODIFICATION, SEV- ERABILITY, REPEAL OF CON- FLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, January 8, 2019 at 9:05 a.m., or as soon there- after as the matter may be heard, in the County Commis- sion Chambers located on the first floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners locat- ed on the 2nd floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a ver- batim record of the proceed- ings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOB SOLARI, CHAIRMAN Pub Dec 18th 2018 TCN2184603 OA /0/1,R Public Hearing INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 21, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance Manager Subject: Reclamation and Relinquishment of ERUs and Release of Service Availability Charges for ERUs Reserved for Future Use (Settlement of Delinquent Reserve Accounts) (Legislative) BACKGROUND: On December 18, 2018, the Indian River County Board of County Commissioners (BCC) voted to approve language for an amendment to Section 201.08 of the Indian River County Ordinance Code (Code) to allow for release of charges for equivalent residential units (ERUs) reserved for future use in a development, and delinquency charges. On the same date, the BCC also voted to approve language for an amendment to section 201.09 E of the Code to allow for two changes. The first is the ability to reclaim any ERUs reserved for future use if a cumulative of twenty-four (24) months of related service availability fees become delinquent. The second is for relinquishment of any excessive ERUs, or ERUs that cannot be used if such ERUs are for capacity reserved for future use, and the account for such ERUs is current. The customer will not receive any refund. The BCC will be conducting a public hearing on these changes on January 8, 2019. The County Attorney's office has finalized the draft ordinance as directed by the BCC and has noticed a public hearing on the draft ordinance set for January 8, 2019. FUNDING: The cost of publication of the required public notice for the public hearing is estimated to be $131.00. The cost will be funded from the Utility Operating Fund, account number 47123536-034910. Operating funds are generated from water and sewer sales. RECOMMENDATION: Staff recommends that the Chairman open the public hearing, take comments from the public and then close the public hearing, and that the Indian River County Board of County Commissioners vote to adopt the attached ordinance. ATTACHMENTS: Draft Ordinance 2019- 145 Page 1 of 1 ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08 (RATES AND CHARGES) AND SECTION 201.09 (IMPACT FEES) OF PART I (IN GENERAL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR RECLAIMING AND RELINQUISHMENT OF WATER AND SEWER IMPACT FEES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 201.08 (Rates and charges) and Section 201.09 (Impact Fees) of Part I (In General) of Chapter 201 (County Water and Sewer Services). New language indicated by underline, and deleted language indicated by str+ket-h-rougb. Section 201.08 (Rates and charges) and Section 201.09 (Impact Fees) of Part I (In General) of Chapter 209 (County Water and Sewer Services) of the Code of Indian River County, Florida are hereby amended to read as follows: CHAPTER 201. COUNTY WATER AND SEWER SERVICES. PART I. IN GENERAL *** Section 201.08. Rates and charges. N. Release of Service availability charges for ERUs reserved for future use in a development and delinquency charges. The utilities director may release service availability charges for ERUs reserved for future use and associated delinquency charges if the customer pays 10% of the amount owed, including all charges, penalties and interest, 1 ORDINANCE NO. 2019 - and executes the Agreement for Release of ERUs in substantially the same form as approved by the Board. Section 201.09. Impact fees. *** E. Reduction, refund, reclamation and relinquishment of impact fees. Any commercial customer whose maximum monthly water use or sewage flow remains below the amount corresponding to the number of ERUs assigned to such customer for a period of twenty-four (24) months and for which impact fees have been paid, may make application to the department to reduce the number of ERUs assigned and seek corresponding reimbursement of impact fees paid, as they are resold by the county. The county may refund impact fees actually paid, without interest, based on the impact fee schedule in effect at the time of original payment_ - - . - - e _ • - . - - _ e . _ - . - - department has resold such ERUs since the impact fee refund application was made. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the provisions of this chapter. Any customer who purchased ERUs, and the account for such ERUs is current, and the customer has not connected to the system may make application to the department for a refund provided application is made within twenty-four (24) months of the payment of impact fees. Reimbursement will be based on the impact fee schedule in effect at the time of original payment. Any customer who has a reserve account affiliated with an assessment paid in lieu of impact fees affiliated with certain voluntary assessments that were adopted by resolution between 1984 and 1989 and the reserve account is current, may make application to the department for a refund of the amount of the assessment paid, so long as the property is either undeveloped or located 200 or more feet from an existing water and/or sewer line, whichever is applicable. Refunds will be equated to a per ERU basis and refunded at the amount actually paid. The County may reclaim any ERUs reserved for future use, if a cumulative of twenty-four (24) months of related service availability fees become delinquent. Any impact fees paid will be applied to the account 2 ORDINANCE NO. 2019 - balance and any excess of such fees will be refunded for ERU's purchased after January 8, 2019. Any customer may relinquish any excessive ERUs or ERUs that cannot be used if such ERUs are for capacity reserved for future use and the account for such ERUs is current. The customer will not receive any refund. *** Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of December, 2018, for a public hearing to be held on the day of , 201_, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2019. 3 ORDINANCE NO. 2019 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2019. 4 W5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08 (RATES AND CHARGES) AND SECTION 201.09 (IMPACT FEES) OF PART I (IN GENERAL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR RECLAIMING AND RELINQUISHMENT OF WATER AND SEWER IMPACT FEES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 201.08 (Rates and charges) and Section 201.09 (Impact Fees) of Part I (In General) of Chapter 201 (County Water and Sewer Services). New language indicated by underline, and deleted language indicated by . Section 201.08 (Rates and charges) and Section 201.09 (Impact Fees) of Part I (In General) of Chapter 209 (County Water and Sewer Services) of the Code of Indian River County, Florida are hereby amended to read as follows: CHAPTER 201. COUNTY WATER AND SEWER SERVICES. PART I. IN GENERAL *** Section 201.08. Rates and charges. N. Release of Service availability charges for ERUs reserved for future use in a development and delinquency charges. The utilities director may release service availability charges for ERUs reserved for future use and associated delinquency charges if the customer pays 10% of the amount owed, including all charges, penalties and interest, 146 and executes the Agreement for Release of ERUs in substantially the same form as approved by the Board. Section 201.09. Impact fees. E. Reduction, refund, reclamation and relinquishment of impact fees. Any commercial customer whose maximum monthly water use or sewage flow remains below the amount corresponding to the number of ERUs assigned to such customer for a period of twenty-four (24) months and for which impact fees have been paid, may make application to the department to reduce the number of ERUs assigned and seek corresponding reimbursement of impact fees paid, the county. The county may refund impact fees actually paid, without interest, based on the impact fee schedule in effect at the time of original payment application was made. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the provisions of this chapter. Any customer who purchased ERUs, and the account for such ERUs is current, and the customer has not connected to the system may make application to the department for a refund provided application is made within twenty-four (24) months of the payment of impact fees. Reimbursement will be based on the impact fee schedule in effect at the time of original payment. Any customer who has a reserve account affiliated with an assessment paid in lieu of impact fees affiliated with certain voluntary assessments that were adopted by resolution between 1984 and 1989 and the reserve account is current, may make application to the department for a refund of the amount of the assessment paid, so long as the property is either undeveloped or located 200 or more feet from an existing water and/or sewer line, whichever is applicable. Refunds will be equated to a per ERU basis and refunded at the amount actually paid. The County may reclaim any ERUs reserved for future use, if a cumulative of twenty-four (24) months of related service availability fees become delinquent. Any impact fees paid will be applied to the account balance and any excess of such fees will be refunded. 147 Any customer may relinquish any excessive ERUs or ERUs that cannot be used if such ERUs are for capacity reserved for future use and the account for such ERUs is current. The customer will not receive any refund. *** Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of December, 2018, for a public hearing to be held on the 8th day of January, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2019. 148 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 201 . 149 1/08/2019 10.A.2. Reserves BCC Meeting 01/08/2019 f-= Release of Service availability charges* Forgive delinquent service availability and delinquency charges in exchange for 10% of total owed Example: Total owed $1,729,084 / $611,474 bills $1,117,610 penalties Forgive $1,556,176 in bills in penalties in exchange for $172,908 *reserved for future use z 141- 1/08/2019 10.A.2. Reclaim ERUs reserved for future use - After 24 months of service availability fees become delinquent County may reclaim the ERUs r The amount paid for impact fees will be applied to the delinquent balance and any excess will be refunded if ERU's purchased after Jan. 08,2019 Example: Customer has 206 water and 206 sewer reserved ERUs After 24 months of non payment they would accrue $132,935 IRCDUS would apply the $843,776 in impact fees paid against the past due and refund $710,841 3 -2 Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO # 461741 - INDIAN RIVER COUNTY ATTORNEY'S OFFICE Pub Dates December 28, 2018 2190826 NOTICE OF PUBLIC HEARING Sworn to and subscribed before me this day of, December 28, 2018, by "?th& who is Natalie Zollilr (X) personally known to me or ( ) who has produced as identification. Karol Kangas (/ Notary Public KAROL E KANGAS ' I Notary Pub& - State of Florida Convrhsion S GG 126411 MyCOMM. Expires Jul 29,2021 •.. �•� 6mdedthroat Natbeui WaryAs (' IfigilwarTenawarwo NOTICE OF INTENT PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08 (RATES AND CHARGES) AND SECTION 201.09 (IMPACT FEES) OF PART I (IN GENER- AL) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR RECLAIMING AND RELINQUISHMENT OF WATER AND SEWER IMPACT FEES UNDER CERTAIN CIR- CUMSTANCES; AND PROVID- ING FOR CODIFICATION, SEV- ERABILITY, REPEAL OF CON- FLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, January 8, 2019 at 9:05 a.m., or as soon there- after as the matter may be heard, in the County Commis- sion Chambers located on the first floor of Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners locat- ed on the 2nd floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a ver- batim record of the proceed- ings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the County's Americans With Disabilities Act (ADA) Coordinator at 772- 226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BOB SOLARI, CHAIRMAN Pub Dec 28th 2018 TCN 2190826 Moet INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 4123 18th Place, Vero Beach, Fl PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: Virgin Trains USA — Wasted Dollars IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES YES YES NO NO NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Stop spending on lawyers to fight Virgin Trains USA ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered X Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: January 8, 2019 F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Fomtdoc Board Approved 11/7/06 150 PUBLIC NOTICE ITEMS: 1/8/19 LEGISLATIVE Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 17, 2018 RE: Public Notice of Public Hearing Scheduled for January 15, 2019 The Board of County Commissioners will hold a Public Hearing on Tuesday, January 15, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 129 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 151 PUBLIC NOTICE ITEMS: 1/8/19 LEGISLATIVE Dice o f INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 19, 2018 RE: Public Notice of Public Hearing Scheduled for January 15, 2019 The Board of County Commissioners will hold a Public Hearing on Tuesday, January 15, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 210.01 (TAXING DISTRICT AND LEVY) AND SECTION 210.03 (AUTHORIZED USES OF REVENUE) OF CHAPTER 210 (TOURIST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR THE FOURTH CENT OF THE TOURIST DEVELOPMENT TAX TO BE USED FOR PROMOTION AND ADVERTISEMENT OF TOURISM AND CLARIFY THE USE OF TOURIST DEVELOPMENT TAXES FOR PROMOTION AND ADVERTISEMENT OF TOURISM; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 152 Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 19, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent Subject: Sole Source for TSC Jacobs (JAWS) BACKGROUND/ ANALYSIS: Indian River County Department of Utility Services (IRCDUS) installed and started operations of the BIOREM Technologies Inc. Anaerobic Odor Control unit located at the West Regional Wastewater Facility (WRWWTF) in 2013. The Odor Control unit is designed to pull air from the anaerobic tanks and remove odors before discharging the air to the atmosphere. This process is needed to ensure that nauseous odors do not leave the wastewater site as well as ensuring that the facility is in compliance with the Florida Department of Environmental Protection (FDEP) treatment requirements and the health and safety of our environment. Over the last 5+ years, the equipment received routine maintenance, but now the fiberglass vessel is in need of repair and refurbishment. The Odor Control Degasifier fiberglass vessel that houses the media packing used to remove the odors has developed a leak. The repair will consist of detaching all ductwork and miscellaneous pipe connections, removing and disposing of existing media, pressure washing inside of vessel and making repairs. It will also include removal of the loose and damaged concrete and repairs of the concrete pad. The degasifier will be reinstalled, media replaced and all duct work and piping reconnected. The warranty for the new media will be one year, and the workmanship warranty will be 90 days. The BIOREM Technologies Inc. Odor Control unit refurbishment is a sole source. TSC Jacobs (JAWS) is the sole source provider for factory -certified technicians and parts for the BIOREM Technologies Inc. Odor Control Unit. FUNDING: Funds for this project are available in the Renewal and Replacement (R&R) budget in the Operating Fund. Operating funds are generated from water and sewer sales. Description Account Number Amount WRWWTF Odor Control System Repair 47123536-044699-19506 $92,750.00 C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@300F667B\@BCL@300F667B. Doc Pageigj RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve TSC Jacobs (JAWS) as the sole source for BIOREM Technologies Inc. Odor Control Equipment and waive the requirement for bids for this and any other BIOREM Technologies Inc. parts, equipment, maintenance and service, and authorize the Purchasing Division to issue a purchase order to TSC Jacobs (JAWS) for $92,750.00. ATTACHMENTS: 1. TSC Jacobs (JAWS) proposal dated 12-17-18 2. Sole Source Letter, BIOREM Technologies Inc. C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@300F667B\@BCL@300F667B. Doc 154 December 17, 2018 Mike Loveday IRC Utilities West Regional WWTF 8405 8th Street Vero Beach, FL 32968 (772) 770-5045 RE: Sole Source To Whom It Concerns: I am writing this letter to inform the necessary persons that TSC -Jacobs, Inc. of Tampa, FL is the exclusive representative in the state of Florida for BIOREM Technologies, Inc. They are the sole source for all municipal products designed and manufactured under the BIOREM and BIOCUBE product lines. This exclusivity applies to all new equipment sales as well as start-up, testing, and maintenance supplies and services as provided by Biorem Technologies, Inc. or its assigned agents, including TSC -Jacobs, Inc. and their sister service company, Jacobs Air Water Systems (JAWS). TSC -Jacobs can be reached at the following address: TSC -Jacobs 11021 Countryway Blvd. Tampa, FL 33626 813-888-5556 (TSC -Jacobs) 813-854-2354 (JAWS) We look forward to a continued relationship and service. Should you have questions or need additional information, please do not hesitate to contact me. Respectfully, Mike Harmon Regional Sales Manager 155 December 17, 2018 Indian River County Utilities Michael Loveday 8405 8th Street Vero Beach FL 32968 Office 772-770-5045 Fax 772-770-5478 For the above referenced project Jacobs Air Water Systems (JAWS) is pleased to offer the following proposal based on the Scope of Work. The detailed scope of work is as follows: 1. General Requirements 1. Mobilization to the jobsite 2. Project Management & Supervision of our work 3. Coordination of shutdowns and phasing of the work with the aid of the Owner's personnel 4. General daily clean-up 5. Site restoration of grounds affected by the work 6. Demobilization from the jobsite 2. Scope of Work: Provide labor & equipment for the Degasifier Repairs & Repacking as follows: a. Detach all ductwork and miscellaneous pipe connections from the Degasifier. Store all ductwork and miscellaneous piping for reinstallation. b. Gain access to the Degasifier via ductwork connections. Remove existing media (approx. 1,000 CF) via Vac Trucks and dispose offsite. Clean vessel interior via pressure washing. c. Once media is removed, lift Degasifier and place on its side for repairs to be made byJAWS. d. Remove loose concrete via light chipping hammer and pressure washing of the damaged concrete equipment pad. Apply a bonding agent (Euclid Duralprep AC) to damaged concrete areas then trowel on repair mortar (Euclid Eucocrete Supreme). e. Once the concrete repairs and Degasifier FRP repairs have cured, re -install the Degasifier utilizing the existing anchor bolts. JAWS to inspect vessel prior to loading proposed packing f. Install proposed packing (approx. 1,000 CF) provided by JAWS. g. Reconnect all ductwork and miscellaneous pipe connections to the Degasifier. h. Restore any damaged sodding due to construction activities 3. Pricing Schedule a. Labor & Equipment Price of $92,750.00 4. Clarifications a. Federal, State and Local Sales Taxes are included (only for our material provided) b. b. General Liability, Auto and Worker's Compensation Insurances are included c. c. Utilities for construction (potable water & electric) shall be provided by the Owner and with -in 50' of the work area d. d. The pricing provided in this proposal is good for 60 -days e. e. Payment terms shall be net -30 of the dated invoice f. g. Packing to be delivered in Supersacks g. Pricing Valid for 180 Days 156 5. Warranty a. Warranty is for Media is Valid for One Year b. Workmanship Warranty is Valid for 90 days 157 Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: January 8, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent Subject: Sole Source for DPS Equipment Services Inc. BACKGROUND/ ANALYSIS: In 1999, the Indian River County Department of Utility Services (IRCDUS) installed and started operations of the Walker Process Equipment Clarifiers #1 and #2 located at the Central Regional Wastewater Facility. The Clarifiers are designed to settle the wastewater biomass and produce effluent for further treatment and eventual discharge to the reuse system. This vital process equipment is required to ensure that the facility is in compliance with the Florida Department of Environmental Protection (FDEP) treatment requirements as well as the health and safety of our environment. Over the last 19+ years, the equipment received routine maintenance, but the equipment is now in need of refurbishment. The refurbishment will consist of internal housings, gears, and shafts that need to be solvent cleaned and thoroughly inspected. The seals, bearings, bearing races, chain, drive and driven sprockets, and dust shield will be replaced. This work has a one-year warranty period from the date of completion and will extend the useful life of these units. DPS Equipment Services Inc. (DPS) is the sole source provider for factory -certified technicians and parts for the Walker Process Equipment Clarifiers. DPS has provided Service Proposal #18-159 for a cost of $53,800.00 FUNDING: Funds for this project are available in the Renewal and Replacement (R&R) budget in the Operating Fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Central WWTF Clarifier Repair 47123536-044699-19505 $53,800.00 C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@300FCCCE\@BCL@300FCCCE.Doc Page jg§ RECOMMENDATION: Staff recommends that the Board of County Commissioners approve DPS Equipment Services Inc. as the sole source for Walker Process Equipment and waive the requirement for bids for this and any other Walker Process Equipment parts, equipment and services and authorize the Purchasing Division to issue a purchase order to DPS Services Inc. for $53,800.00. ATTACHMENTS: 1. DPS Equipment Services Inc. Service Proposal #18-159 2. Sole Source Letter, Walker Process Equipment C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@300FCCCE\@BCL@300FCCCE.Doc 159 EQUIPMENT SERVICES, INC. process equipment repair, retrofit, reconditioning services SERVICE PROPOSAL #18-159 Date: December 12, 2018 Page 1 of 3 Mr. Kevin Gibson — Chief Operator Indian River County Department of Utility Services 3550 49th St. Vero Beach, FL 32967 Location: Central Wastewater Treatment Facility Phone# 772/770-5244 Scope of Services We hereby propose to furnish labor and material as necessary to recondition two (2) circular clarifier drive assemblies originally furnished by Walker Process Equipment under contract numbers P50450A (2005) & M90341A (1999). Services shall consist of disconnecting and replacing the motor/speed reducer. The intermediate (worm) gear and spur gear assemblies shall be completely disassembled. The internal housings, gears, and shafts shall be solvent cleaned, thoroughly inspected, and re -used. All seals, bearings, bearing races, chain, drive and driven sprockets, and dust shield shall be replaced. The replacement dust shield shall be stainless steel. The sealing surfaces of the input and output shafts shall be re -sleeved or relocated if necessary. Project cost: $53,800.00 Project cost includes: project management, all field and administrative labor, replacement components, freight, crane services, standard and specialty tools and equipment, travel, and living expenses. Notes: All work shall be done onsite. Project should take about three days per clarifier to complete. Client shall isolate, drain, and clean clarifier basin prior to the start of the project and shall remain isolated for the duration of the project. Client shall furnish replacement oil. All work is guaranteed to be as specified, and the above work is to be performed in accordance with or to exceed the manufacturer's specifications for above work, and completed in a substantial workmanlike manner. Respectfully submitted, Michael R. Sears - Project Manager ACCEPTANCE OF PROPOSAL The above prices, specifications and attached Service Terms of this Proposal are satisfactory, and are hereby accepted. DPS Equipment Services, Inc. is authorized to do the work as specified. Payment will be made as outlined. Signature: Date: P.O. Box 55 Caledonia, IL 61011 * Phone: 815/980-8844 * Fax: 815/885-8635 160 TERMS GOVERNING CUSTOMER SERVICES 1. Basis of Price: A. DPS, Inc.'s prices do not include the cost of materials or the cost of any third party services unless expressly stated within this proposal. Materials furnished by DPS, Inc. shall be covered under the proposal warranty. B. DPS, Inc. prices do not include sales, use, excise or other similar taxes unless expressly stated within this proposal. C. Bonds, insurance (other than our normal coverage), and other premiums are not included. Additional bonding and insurance requirements, if required or requested by the Client, will be added at cost to the proposal price. D. Terms of Payment: Net 20 days from the Date of Invoice unless otherwise agreed to in advance and in writing. Partial invoices for equipment and materials will be submitted when the equipment and materials are shipped to the job site. Partial invoices for labor and services may be submitted at the end of each month through project completion. In the event any payment becomes past due, a compound interest charge of 1.5 percent shall be assessed monthly and for any portion thereafter. Client agrees to pay any and all actual Attorneys' fees and court costs if attorneys are retained to collect any past due amounts. 2. Cancellation: In the event of cancellation, Client agrees to compensate DPS, Inc. for all work performed up to the date of cancellation, unless cancellation is due to default on the part of DPS, Inc. 3. Performance and Warranty: DPS, Inc. agrees to perform the services described under the heading " Scope of Services" hereof, within the limits prescribed by the Client, on a good faith basis under the terms and conditions set forth herein. DPS, Inc. shall exercise reasonable skill and judgment in providing such Services. DPS, Inc.'s responsibility is limited to services specifically performed by DPS, Inc. or sub -contracted by DPS, Inc for the Client. Except for the direct acts or omissions of DPS, Inc. representatives, the responsibility for proper operation and maintenance of the equipment shall be the Client's. Failure by the Client to properly operate and maintain the equipment shall void any and all warranty claims and remedies that may result. DPS, Inc. warrants that services shall be of good quality in all respects. Services shall be performed, findings obtained, and recommendations prepared in accordance with generally and currently accepted industry standards, principles and practices. The services of DPS, Inc. technicians shall be free of defects in workmanship FOR A PERIOD OF ONE (1) YEAR from the date of completion. Remedy: All warranty claims in connection with the services to be performed hereunder shall be made promptly by the Client in writing and received by DPS, Inc. within one year after DPS, Inc. last performed substantial and related work at the job site. DPS, Inc. shall repair or replace services proven to be defective in workmanship, or at DPS, Inc. sole option, refund the cost of the services. DPS, Inc. may accept back charges for warranty claims performed by the Client, provided that DPS, Inc. has given its written approval PRIOR to the Client performing such services. 4. Safety: Services shall be performed only under safe conditions. DPS, Inc. shall not have any obligation to work or to continue working in a hazardous environment. DPS, Inc. has the right to discontinue or terminate operations if, in its sole discretion, such discontinuation or termination is necessary for safety and/or health reasons. Charges, as set forth above and below, shall be made for safety and security measures required by hazardous job conditions. All safety related equipment, clothing, devices, etc., furnished by DPS, Inc. at the request or requirement of the Client shall be added at cost to the Proposal price. 5. Independent Contractor: DPS, Inc. shall be considered a Professional Services provider, independent agent, representative or contractor; not an employee or joint venture of Client. DPS, Inc. shall determine the time, manner, means and method of providing the services and shall furnish all labor and tools necessary to perform such services unless otherwise specified in writing; provided, however, DPS, Inc. shall not be responsible for negligence of Client or any other person or entity in the design or selection of a specific manner, means, method or technique which is required by the Client. 6. Information: DPS, Inc. is shall rely upon information supplied by Client, or Client's engineers or consultants, or information available from generally accepted sources, without independent verification. DPS, Inc. assumes no responsibility for the accuracy of such information and shall not be liable to Client for any inaccuracies contained therein. 7. Delays and Extensions of Time: If DPS, Inc. is delayed at any time in the progress of the services by any act or negligence of the Client, including its employees or agents, separate contractor employed by the Client, changes ordered in the Scope of Services, labor disputes, adverse safety conditions, weather related delays, unavoidable casualties, or any causes beyond DPS, Inc.'s reasonable control, or by delay authorized by the Client, then the time to complete the services shall be extended. Additional charges may be made to cover any unforeseen or unusual circumstances not anticipated by DPS, Inc. and the Client, when agreed to by both parties in writing. P.O. Box 55 Caledonia, IL 61011 * Phone: 815/980-8844 * Fax: 815/885-8635 161 8. Changes, Delays and Unusual Costs: If the Client requests or causes changes to be made in the Scope of Services, or if the Client delays the progress of work covered by the quotation, DPS, Inc. shall adjust the contract price to reflect any increase or decrease. 9. Permits and Licenses: Unless otherwise indicated in writing, Client shall procure and provide all necessary permits and licenses required for the services proposed. 10. Insurance: DPS, Inc. shall assume responsibility for workmen's compensation coverage of DPS, Inc. employees only. DPS, Inc. shall provide General liability coverage of $2,000,000, and Automobile coverage of $1,000,000. All other insurance coverage and necessary permits to accomplish project shall be provided by the Client. 11. Indemnification: Client agrees to indemnify and hold DPS, Inc., its directors, officers, stockholders, employees, representatives or agents harmless from and against any and all claims, demands, causes of action (including third party claims, demands or causes of action for contribution or indemnification), liability or costs (including actual attorneys' fees and other costs of defense) which arise out of or result from any negligent act or omission of the Client, its employees, agents, consultants, other contractors or any other person or entity; all except and to the extent that such claims, demands, causes of action, liabilities or costs are caused by the sole negligence of DPS, Inc., its directors, officers, stockholders and employees. Non -prevailing party agrees to pay any and all actual attorney fees and court costs if attorneys are retained relative to any dispute between the parties. 12. GENERAL LIMITATION OF LIABILITY: Under this agreement, DPS, Inc. shall only be liable for damages for the scope of services provided. DPS, Inc. shall not be liable for any consequential or incidental damages, including but not limited to, damages resulting from injury to persons or property, loss of profits, loss of business reputation, or any other losses or expenses not in connection with the scope of services furnished. 13. Non -waiver: The failure of DPS, Inc. to insist upon strict performance of any of the terms or conditions stated herein shall not be considered a continuing waiver of any such term or condition or any of its rights, nor shall it imply a course of performance between the parties. 14. Prevailing Wage: DPS, Inc. shall pay all labors, mechanics, and other workers employed by DPS, Inc. the current prevailing Wage rate as required. DPS, Inc. shall also furnish certified payroll forms if required. 15. Complete Agreement: The complete agreement between DPS, Inc. and the Client is contained herein and no additional or different term or condition shall be binding unless mutually agreed to in writing. If any term of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity of all other terms hereof shall no way be affected thereby. This Agreement shall take effect upon acceptance and execution by the Client and DPS, Inc. This proposal shall become a contract only when accepted by the Client and accepted by DPS, Inc. through respective signatures by authorized personnel. Proposal submitted by: Michael R. Sears — Project Manager, DPS, Inc. Accepted by Client: Client Affiliation By: Date: P.O. Box 55 Caledonia, IL 61011 * Phone: 815/980-8844 * Fax: 815/885-8635 162 DuIwo a akaocai Cow.u.shon idir,14trK1 Po the Watar and Wastewater Industry August 8, 201 To whom this may cx)no,.?rri Re DPS Equipment Senrices, Inc Walker Prr}r-r“,s Ed!3iprnprkt MU North Rza Avenue AtMOCI, Minot% 60.51.16-2553 E -Mad: walker procr.s5ifiNvalker-pros corn Wnbtsits: www.waIke-proces.com Phone: 630-8g2-7921 Fax. 610-892.7951 This letter is to inform you the! Miko Sears, Project Manager for OPS Services, Inc. is a private independent fackwy certified technician of Walker Process Equipment DPS Services and Make Sears have great knowledge and understanding of various water and wastewater treatment equapment, whiCh indudes clarifier drives. clanfer components (truss 3rITM, drmo c39. sludge manifolds, sp.Erri beaches, surfac skirrirners, flights. and squeegees) as wall as lriddkv filters. rectangular collet:tom, grit removal cquiprnenL Please feet free to contact me if then; all any questions with DPS Services_ Sincerely, WALKER PROCESS EQUIPML NT Dlvision of tvtoNish Corporation EC! BewOrly After Markel Manager 630-264-5243 163 Attorney Matters - B.C.C. 01.08.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, CountyAttorney DATE: December 31, 2018 SUBJECT: 2019 Committees Vacancies 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 annual appointments and reappointments. Pursuant to this process, on November 20, 2018, the Board reappointed a significant number of incumbent committee members to another term (that is, members presently serving on a committee who are eligible for another term, and who asked to be reappointed). There are qualified applicants to be considered for appointment to the committee's vacancy for the Environmental Control Hearing Board. Committee vacancies have been advertised on the County's website, on Channel 27. The following are the names of the qualified applicants, whose resumes and applications are available for review in the Commissioners' Front Office area: Affordable Housing Advisory Committee - "Citizen who represents employers in Indian River County" • Cindi Dixon Agricultural Advisory Committee — Citrus Industry, Vegetable Industry & Associated Industry • Gerald (Jerry) W. Renick - Vegetable Industry Children's Services Advisory Committee - Member -at -Large • Meredith Egan • Evan Esposito • Glenda Swanson -Massa • Robert Schlitt, Jr. F:lAnoraeylChristinalCOMMITTEESIGenera/ MatterstBCCAgenda Memos%Terms ListslComndttee Terms 17 - 2019 Agenda Memo.docx 164 Board of County Commissioners December 31, 2018 Page Two Economic Development Council — Member -at -Large • Kelly A. Darmetko • Evan Esposito • Sven Frisell • Anna Kirkland • Eric Menger Attached is a list of the remaining committee vacancies (note: several vacancies are designated positions — that is, the committee member must be an architect, engineer, etc). RECOMMENDATION. The County Attorney recommends that the Board review the applicants' resumes and applications, and determine whether to appoint to Cindi Dixon to fill the "Citizen who represents employers in Indian River County" representative vacancy on the Affordable Housing Advisory Committee; determine whether to appoint to Gerald (Jerry) W. Renick to fill the "Vegetable Industry" representative vacancy on the Agricultural Advisory Committee; and which applicants to appoint to fill the "Member -at -Large" representatives vacancies on the Children's Services Advisory Committee and Economic Development Council. ATTACHMENT. Applications Resumes 2019 Committee Vacancy List F..A4rmrneyiChrininnICOMIMf1TFFM eral ManersVICCAgenda Memoslrerms LisalCamnnee Teems /7.2019 Agenda Afano.d .r 165 Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Cindi Dixon Full Name: Cindi Dixon Street Address (No P.O. Boxes): Home Phone: 9546752319 Date: 01/24/17 Email Address: cindidixon@gmail.com 335 Cathedral Oaks Dr Vero Beach FL 32963 Work Phone: 9546752319 How long have you been a resident of Indian River County? Cell Phone: 9546752319 3 Years Are you a full or part time resident? Check one: Full Time 1 Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Mela Capital Group, Inc., CEO; Orchid Island Dog Spa and Resort, Owner Please list any licenses you presently hold: Please list any organization of which you are currently a member: Indian River County Chamber of Commerce, Tourism Council, Sebastian River Area Chamber of Commerce, Education Foundation of IRC Board Member, Vero Beach Dog Park Board Member, Mortgage Bankers Association, Risk Management Association, Florida Quality Council Past President, Board Memeber Please list any other committees or boards you currently sit on: Education Foundation of Indian River County, Vero Beach Dog Park, Perfect Home Living Continued on next page ,9 . 166 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 1 AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS 1 ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE 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 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' 167 Cindi Dixon Phone: 954-675-2319 Email: cindidixon@gmail.com Entrepreneurial executive with a proven track record for business development and growth on a local and global scale. Experience has been forged over two decades of changing economic conditions. Exceling in rapid growth environments, I have been an instrumental leader in building new division start-ups for global brands including Morgan Stanley and Mellon Bank, et al. Marketing, business development and operational planning, with a focus on risk management, from concept through maturity, are not only my areas of expertise, but my passion. PROFESSIONAL EXPERIENCE Orchid Island Dog Spa and Resort, Vero Beach, FL Owner, 04/2016 - present Mela Capital Group, Sunrise, FL CEO, 04/2005- Present • Oversaw growth from start-up to a nationally renowned risk management firm. INC.com Fastest Growing Company honoree 2015, 2014. $10Million in total revenues. • Oversee all phases of business operations, regulatory/legislative compliance, business development and community relations for privately held financial services corporation, totaling $20 Billion in risk management production. • Boutique mortgage risk management firm representing global investment bank legal defense litigation clients including Bank of America, Chase, Goldman Sachs, et al. Entered as testifying expert witness in NY State Court, Southern District of Florida Federal Court, et al. • Consult, manage all aspects of operations for RMBS multi -billion class action litigation cases. Responsibilities include consulting legal teams, sourcing and training staff of up to 225, meeting uncompromising production deadlines, workflows, analytics and data reporting, technology development, process and procedure oversight, expert witness testimony. • P&L oversight for distance locations, staff of 120 senior managers, 225 credit and IT personnel. • Ensure client satisfaction across all business lines including pre and post -purchase quality control, operational risk management, operational due diligence, compliance and governance integrity. • Develop client specific non -agency credit policy platforms and managed oversight for South American/Middle Eastern/Asian private placement funding. • Develop default servicing, loan quality and document control, due diligence, loan underwriting and risk management programs for public and private sector. • Consult for European/Asian mortgage conduits, training and credit policy, operational automation, technology development and integration. • Published author for editorial, marketing, training and educational materials. Bayview Lending Group, Commercial Lender, Investor, Servicer, Coral Gables, FL National Operations Training Manager 12/06 — 04/08 • Designed and implemented a wide range of small balance commercial lending credit and operational risk projects, deliverables including business objectives, performance measures, organizational structure and operational design for international commercial lender. • Produced, implemented training and performance measures for sales/marketing, IT, operations, quality control and risk management. • Developed and facilitated Client marketing and training seminars. Page 2 of 4 168 • Created, documented business production requirements, created and maintained project plans, deliverables, budget and results to ensure successful impact on the bottom line. • Created relevant materials, briefs, financial reporting, audit and analysis for executive team and investors. • P&L accountability for cost containment and strategic growth for $2MM operating budget, improved operating revenue by 35%. • Coordinated overall business activities, business project prioritization, follow up on deliverables, ensure deadlines are met, and coordinated feedback in a unified manner that ensured success of overall business objectives. • Developed performance management policy and procedure, designed staff development and coaching processes, designed and implement corporate recruiting processes, policy and procedure, designed HR and recruiting training programs. • Managed cost analysis, operational impact and training roll out of paperless imaging business model transition. • Developed policies and procedures and direction to improve coordination between operations and quality control, compliance, sales, information technology and marketing. • Provided firm wide human resource direction and services related to human capital initiatives and processes. • Managed operations and training for four international locations, 75 sales/marketing, 120+ operations managers, team leads, underwriters, and administrative staff. Morgan Stanley Mortgage Capital, Mortgage Backed Securities Conduit, Boca Raton, FL Senior Manager, RMBS Operations, Credit Risk 09/03 — 01/06 • Founding executive responsible for the ground floor development and implementation of capital markets counterparty relationships, risk best practices, policies and procedures. • Started with eight managers, grew to over 1200 global associates within three years, and 5,000 customers. • Created IT systems for front and back end production, management and reporting systems, customer management and performance scorecard monitoring. • Performed strategic market assessments for business units. Responded to client issues, gathered and assimilated market and workflow data. • Developed sales and production policies and procedures for comprehensive risk management and accountability measures. • Created and managed vendor oversight policies and procedures. • Developed and managed internal audit processes for multiple business units. Oversaw the audit of $10 billion in product. • Maintain Executive level industry relationships to ensure full comprehension and execution of markets, emerging markets and regulatory compliance and standards integration and efficacy Countrywide Home Loans, Rosemead, Pasadena, CA; Miami/Deerfield Bch, FL Managing Director of National Operations Best Practices (wholesale) Director, High Risk/High Performance teams, retail and wholesale National Best Practices Servicing Manager (retail), Senior Manager, Special Projects, Credit Risk 03/00 — 09/03 • Transformed challenged corporate divisions into market leaders by minimizing expenses, bridging disparate teams and driving operational metrics. • Founding manager for Countrywide subsidiaries Full Spectrum Lending and IndyMac Bank. Page 3 of 4 169 • P&L management for high production regions, opened 60 branches, grew revenues from $0 to $100MM, sourced, trained sales staff and management team of 500 throughout U.S. • Managed sales platform, metrics, measures and training. Developed analytics reports by employee, client, service, revenue, margins, etc. for company and employee performance reporting. • Led the testing efforts for all new IT system changes and integrations. • Collaborated with both internal and external user groups to develop solutions for product research. Previous Employment Circuit City Stores, Financial Analyst for President, Walnut, CA Dreyfus Financial Services/Mellon Bank, Administrator, Los Angeles, CA Wells Fargo Bank, N.A., Analyst, Credit Administrator, Los Angeles, CA EDUCATION Florida Atlantic University 2010-2011 Alameda University 2001 - 2003 Alameda University 2003 California State University Pomona, Alameda University 2000-2002 State Certified Conflict Mediator, State of California 2000-2002 AFFILIATIONS AND MEMBERSHIPS Director, Board for Florida Quality Council Florida Banker's Association Association of Certified Fraud Examiners Project Management Institute Risk Management Association International Association of Financial Crimes Investigators, Mortgage Fraud Task Force, founding member Founder, Global Coalition of Mortgage Partners, GCMP, lending industry trade association Founder, Amiee's Place Foundation, non-profit assisting terminally ill young adults with quality of life gifts Previously held NASD Series 6, 63 Law Studies Bachelors Commerce, Finance Masters Commerce, Banking Director, Board for Perfect Home Living 501 (c) 3 Mortgage Bankers Association MBA's Fraud and Ethics Subcommittee Psy Chi International Honors Society *Indian River Education Foundation, Board Member Page 4 of 4 170 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:IGerald W. Renick Full Name:r erald W. Renick Street Address (No P.O. Boxes): Home Phone: Date: RECEIVED SEP 242018 1,104kR 0E; COUNTY T4O?,, ;; STO 09/24/18 Email Address: ecotoneservices@gmail.cor 13945 89th Street Fellsmere, FL 32948 JWork Phone: Cell Phone: 11772-453-3339 How long have you been a resident of Indian River County?It4 years Are you a full or part time resident? Check one: Full Time Part Timel 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 (#CM15121), Florida Department of Agriculture & Consumer Please list any organization of which you are currently a member: cademy 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) f4BCEP Mentoring Program (2018 -current) Continued on next page 171 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE V BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL V ENVIRONMENTAL CONTROL HEARING BOARD V 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 172 ECOTONE SERVCES EDUCATION 2012 — 2017 University of Florida Master of Science in Environmental Horticulture 1980 — 1984 Washington College Bachelor of Science in Biology May 1984 Indian River Research & Education Center, FL May 2017 Chestertown, MD 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. Ecotone Services, Inc. 13945 89`h Street Fellsmere, FL 32948 Phone: 772-453-3339 Email: ecotoneservices@gmail.com 173 2 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, #CM15121 • 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 Ecotone Services, Inc. 13945 89th Street Fellsmere, FL 32948 Phone: 772-453-3339 Email: ecotoneservices@gmail.com 174 /7 F-- 12/11/2018 13:02 CattlItifiYSERVIr.E L Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Meredith Egan Full Name: Meredith Egan Street Address (No P.Q. Boxes): Home Phone; Date: (FAX)772 567 208977�( P.0011004 REDt^DC I .; S. i' ?v KJ DEC 1 1 2018 BOARD OFCOtJNT4' CG M:x'x £::;;fit [Sid 12/11/18 Email Address: meredith.egan c©unitedwa 2546 Stockbridge Sq SW Vero Beach, FL 32962 Work Phone; 1172-567-8900 How long have you been a resident of Indian River County? Cell Phone: 609-204-5033 4,5 years Are you a full or part time resident? Check one: Full Time f Part Time Please list current employer or business. If retired, please fist any business experience that may be applicable to the committee. United Way or Indian River County Please list any licenses you presently hold; Please list any organization of which you are currently a member: Girls on the Run of the Treasure Coast Junior League of Indian River Kindergarten Readiness Collaborative of IRC Senior Callaborakve of 1a.0 _. a Please list any other committees or boards you currently sit on: Girls on the Run of the Treasure Coast - Board Chair Kindergarten Readiness Collaborative of IRC - Board Member/Immediate Past Chair Senior Collaborative of IRC - Board Member CihUciren's Movement of Florid - Tressurftr_oast Advisory BnaatMemhtar Continued on next page 175 12/11/2018 13;02 COMUNtlY SERVICE FAM 5612086 P.0031004 MEREDITH EGAN 2546 Stockbridge Sq. SW Vero Beach, FL 32962 Phone: (609) 204-5033 Linail: EganME13@grnail.com Experienced program coordinator and manager, skilled in program design and implementation yielding outcome driven results, community impact and innovative fundraising arts, Non-profit professional responsible for organizational initiatives designed to improve lifelong outcomes for children and families. Experienced fundraiser, grant -writer and program coordinator, skilled in program design and implementation yielding outcome driven results and innovative projects. Strategic planner responsible for implementation and design of local community reeds assessments that provides the foundation for organizational focus. Education, Training & Research Executive Graduate Certificate, Transformation& Nonprofit Leadership, University of Notre Dame, 2013 M.A., Masters in International Service Learning and Development, International Partnership for Service Learning - University of Technology, Jamaica & Roehampton University, London, UK, 2006 B.A., Sociology & Anthropology - Women's Studies; Cum Laude with Program Distinction, The Richard Stockton College of New Jersey, 2005 Certificate in Teaching English as a Second Language, Atlantic Cape Community College, 2008 Certificate in Instructional Design, The Richard Stockton College of New Jersey, 2007 Dissertation Topic: "A Survey of Youth Involvement of Gang Related Activities in Inner City Communities of Kingston, Jamaica." Senior Thesis Topic: "Commodification of Women in the World Economy." Community Needs Assessment of Atlantic County, 2009 Kindergarten Readiness Assessment - Lake County, 2011 and 2012 Professional Experience United Way of Indian River County, FL United Way of Indian River County, FL United Way of Lake County, IL United Way of Atlantic County, NJ Atlantic Cape Community College, NJ Anti -Slavery IntemationaI, London, UK Woman, Inc., Kingston, Jamaica Amnesty International, Washington, DC October, 2015 May, 2014 2011-2014 2006-2011 2007 2006 2005 Jan. 2004 -June 2004 Chief Operating Officer Director of Community Impact Program Manager Director of Community Initiatives ESL Teacher Assistant to the Program Team Intern/Administrative Assistant Intern Program Management • Transformed programs such as Kindergarten Readiness, Literacy, Immunization Awareness, and Pediatric Dental Services to serve thousands of children in need. • Administered the research and subsequent reports on the Kindergarten Readiness Assessments in two school districts. • Launched local Financial Stability Partnership, establishing Volunteer Income Tax Assistance sites yielding $157,000 in tax refunds for local low-income families. • Oversaw Find Help Lake County, the online and print directory of 1,400 social services. • Managed the $1,1M Fund Distribution process for the funding areas of Safe and Stable Families and Success By 6. Coordinated the grants process for agencies and panel volunteers. • Led the establishment of a countywide collaborative Early Childhood System. • Began the first Raising a Reader literacy program in the state, providing more than 1,000 children with a weekly book rotation. • Developed an Atlantic County First Book program, serving over 17,000 children. • Ensured the continued improvements of Success By 6, the early childhood initiative. 176 12/11/2018 13:03 CJNIIY SERVICE (FAX)772 5672089 P.004/004 MEREDITH EGAN 2546 Stockbridge Sq. SW Vero Beach, EL 32962 Phone: (609) 204-5033 Email: EganME73@gmail.com • Coordinated countywide research, survey and data analysis and final report for Community Needs Assessment project. • Promoted volunteerism through strategic community partnerships; delivered volunteer management training programs to improve volunteer capacity. • Re-established Tri -county Voluntary Organizations Active in Disaster and organized on-going communication and development of disaster response matrix. • Established the first YouthUnited in South Jersey, designed to introduce high school youth to philanthropy and community service. • Led advocacy efforts for the organization, including building community members' capacity to act as advocates through training and creating opportunities to meet their legislators. Fundraising • Launched two Ieadership donor groups; the Women's Leadership Initiative and Atlantic County Community Emerging Leaders, generating approximately $100,000 per year for program funding. • Successfully secured grant funding and managed project implementation. • Administered community service grant contract with Atlantic County Superior Court. Event Planning • Designed and executed new fundraising efforts and special events designed to engage donors in local philanthropic endeavours. • Organized community -wide volunteer days of service and volunteer recognition projects. • Developed a holiday giving program, and increased the number of families served annually. • Launched Celebrity Read Week, a volunteer literacy event that brings local professionals into the classroom. • Developed training and networking opportunities for early childhood practitioners. • Organized an annual Legislative Breakfast for over 100 guests and legislators. Management & Administration • Supervised all aspects of United Way's internship and service learning programs. • Managed community collaboration with over 75 partners to collectively create impact. • Ensured continued growth and development of Community Impact staff, • Responsible for all activities and staff of United Way's Volunteer Center. • Served as lead staff on program and allocation committees, which include high-level community volunteers. • Led a local coalition through a transition of rebranding and strategic planning to have it emerge as the lead community organization for early childhood work. Accomplishments and Volunteerism Kindergarten Readiness Collaborative, Board Member Senior Collaborative of IRC, Board Member Junior League of IRC, Member Girls on the Run of the Treasure Coast, Board Member Early Childhood Community Coalition of Lake County, 2012-2014, President Volunteer with The Anti -Trafficking Taskforce of Atlantic County Awarded with Atlantic City Weekly's Top 40 under 40 International Culture and Experience • Participation in Semester at Sea to gain college credit while traveling to around through 8 countries. •Lived, worked and studied in Kingston, Jamaica and London, UK. • Worked on a project in Cape Town and Johannesburg, South Africa to study Local development issues. 177 Name: Evan Espo_it0 INDIAN RIVER COUNTY APPLICATION FOIt.COMMITTEE APPOINTMENT _a L� D.--4,-7243_____:,) Date: Full Name: `Ean Esposito Email Address:Istopoilwars@gmail.com Street Address (No R.O. Boxes): [4.15 27th drive Hone Phone: 6314049718j work Phones �.�----,----� I Cell Phone: t__. How Ipng have,you been a resident of Indian River County?i4 years Are you a full or part Vibe. resident? Check one: Full TlmeL...;Part Time_ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee, US Oovemment°Contractor Please list any licenses you presently hold: !Solar Certified Iristaller Please list any organization of which you are currently a member. !t IFiocidiarls°t`or solar clrolO� I Please list any other committees or boards you currently sit on: !National Solar Advocates Continued on next page 178 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE P AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE / CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD 1 COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE 1" ECONOMIC DEVELOPMENT COUNCIL r 'I ENVIRONMENTAL CONTROL HEARING BOARD I✓ I MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE kl TOURIST DEVELOPMENT COUNCIL 1/1 TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY I VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTYj_ WITHIN INDIAN RIVER COUNTY j !� 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 772-770-8334. Please note: All applications are kept ori file for 6 months. Print 179 EVAN ESPOSITO PO Box 248*FARMINGVILLE* NEW YORK, 11738* (631) 404-9718 STOPOILWARS@GMAIL.COM ENVIRONMENTAL CONSULTANT, SEEKING A POSITION IN PV INSTALLATION, SALES, AND MARKETING EDUCATION SBU(Stony Brook University) Pollution and Human Health environmental impact studies. A+ Solar Sales and Installation; Hands on training and Installations for over 135 clients. ACPV certification with over 300 micro inverters installed to date Series 7 and series 63 United States Registered Representative for financial services and account management Investment Analysis SBU certification Computer Proficiency Examination; Microsoft Excel and Office Training SBU Suffolk Community College Advanced Literature and Psychology training Philosophy Major -with a deep understanding of political and cultural affairs, SBU Graduate course work completed with Ivy League graduate students at SBU. Work History Sales and business management from 1993 through 1997 (SBU Entrepreneurship program completed) Financial Business Management and Intangible Asset Sales trainer from 1997 through 2006 Solar Energy Consultant from 2004 through 2009 Solar Energy Design and Installation from 2009 through present Commercial Solar Integrator from 2012 through present Solar Panel Supplier from 2012 through present Interests include Renewable Energy technological advancements; Clean Energy Marine Applications; Grid Independence; Biblical Studies; Space Exploration; Horticulture. : References available Upon Request: 180 Date: Name: Address: State Indian River County Application For Committee Appointment Jan 4, 2013 Pont •Forrn. Glenda Swanson -Massa 8356 105th Court FLORIDA Zip/Postal Code: Home Phone: 32967 772-202-7354 Business Phone: Cell Phone: E-mail: 646-573-8595 gsmplannersetc@msn.com How long have you been a resident of Indian River County? Are you a full time or part time resident? (select one) Oi Full -Time 0 Part-time 2.5yrs 0„y Oc St0 Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. I am a retired business owner of a Urban and Rural Planning consulting firm. Retired Elected Public Official ( Colorado General Assembly, District 8 and the Regional Transportation District Board of Directors, District B) Please list any licenses you presently hold: NA 181 7)4 Please list any organization of which you are currently a member: NA Please list any other committees or boards you currently sit on: NA Select the committee you would like to serve on. If you are interested in more than one, please number your chokes in order of preference. x I1 x I1 Affordable Housing Advisory Committee Agriculture Advisory Committee Beach and Shore Preservation Advisory Committee Board of Zoning and Adjustment Children's Services Advisory Committee Code Enforcement Board p�Community Development Block Grant zen Advisory Task Force G 9"Cit Construction Boards of Adjustment and Appeals Economic Development Council Enterprise Zone Development Agency Environmental Control Hearing Board Indian River County Extension Advisory Council Metropolitan Planning Organization Citizens Advisory Committee Planning and Zoning Commission Tourist Development Council Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Preference Rating 2 3 1 Please 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. 182 Biographical Sketch Glenda Swanson -Massa Background: • Born. in Knoxville, Tennessee • Grew up in Detroit, Michigan • Resident of Denver, Colorado for 38 years • Currently living in Vero Beach Florida and New York City for 14 years PoIitical Experience: • 1986: Elected to the Regional Transportation Board of Directors (R ID) for District B • 1990: Re-elected to represent District B on the RID Board of Directors. As a member of the Rill Board, Glenda was instrumental in initiating the light rail system in the Denver metropolitan community. Elected 1' Vice Chairperson of the Board. • 1992: Elected to Represent House District 8 in the Colorado General Assembly. • 1994: Re-elected a second term to represent House District 8, Minority Whip • Precinct Committee woman for 30 years. Business: Owner, since 1974 of Planners,etc a consulting firm has completed over 100 contracts directing urban and rural planning, stafftraining, technical assistance, and program development for local , state, and federal agencies. e `i'i i. r red) te a..t1l. Educution:��y/ f y Development, • MA hi Urban and a ionaI 1 Ianningf om'rnuni y Li.velopment, University of Colorado, 1973 • BA m 3oci.ologyr/i`sychoiogy, University cif Denver, 1964 • Geriatric Scholar, Consortium Szrortifm of NCrYork Geriatric Cenpi i(NYU; Hunter a_^oiiege and L..olumvta University), ver'sity), : 002 183 Other Experience: • Self employed, independent consultant. • Program Director, Supportive Services for Seniors -Isabella Geriatric Center, Initiated the Naturally Occurring Retirement Community (NORC) program at 2 Northern Manhattan High -Rise apartments. • Executive Director and President of the Board of Directors of Child Opportunity Program • Registered Lobbyist, State of Colo. • Program Director, Child Care Training/Placement Program, Aurora Community College • Administrator, Division Director of Community and Personal Services, Community College of Denver. Colo. • Director, Head Start Program • Social Worker, Catholic Charities (Adoptive and Foster Home Placement) and Head Start_ Awards/Honors: • Appointed by the New York Manhattan Borough President, C. Virginia Fields and Scott Stringer to Community Planning Board # 12, 2002-2009, elected Treasurer of the Board and served as committee on aging, chairperson • Appointed to serve on the Denver Planning Board, by Mayor Fedrico Pena, for 9 years • Who's Who of American Women • Women at Work Award, Council on Working Women • Friends of the River, Denver Greenway Foundation Award • Elected frurn Region 8 to the White House Conference on Small Business (l 980 and 1986) • Appointed to the National Public Lands Advisory Council by the US Secretary of the Interior, Cecil Andrus. • Legislator of the Year, for children's issues • President, Washington Heights Neighborhood Association (WHNA), Manhattan, New York. 184 Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Robert Schlitt Jr Full Name: Robert Schlitt Jr Street Address (No P.O. Boxes): Home Phone: Date: RECEIVED OCT 25 2018 10/19/18 Email Address: o or counY M ;ti,`ssiON bobjr@schlittservices.com 4340 62nd Ter, VB 32967 7727706256 !Work Phone: 7725671188 How long have you been a resident of Indian River County? Cell Phone: 55 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. President (part owner) of Schlitt Insurance Services, Inc. and Schlitt Investor Services, Inc. Please list any licenses you presently hold: General Property & Casualty Insurance license and General Securities license Please list any organization of which you are currently a member: Exchange Club of Indian River Please list any other committees or boards you currently sit on: Samaritan Center advisory board, St. Helen Harvest Festival board Continued on next page 185 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE H BEACH & SHORE PRESERVATION ADVISORY COMMITTEE n CHILDREN'S SERVICES ADVISORY COMMITTEE ✓ CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT f. CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE fl ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD n MPO BICYCLE ADVISORY COMMITTEE n MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE Li TOURIST DEVELOPMENT COUNCIL n 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 I lea tit ard,ret n tjte`cComp(eted a01.1c t i3alo gyath_a tju�rfent ie urt "el 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. seen 186 Robert W. Schlitt Jr. 1717 Indian River Blvd., #300 Vero Beach, FL 32960 772-567-1188 x118 bobjr®schlittservices.com Education 1977 — John Carroll Higli School, Ft. Pierce, FL 1981— B.A. Communication Arts/Political Science — Spring Hill College, Mobile, AL Professional 1985 -Present - Schlitt Insurance Services, Inc. & Schlitt Investor. Services, Inc. Insurance and Financial Services sales 1999 -Present- President Personal Children — Tiffany (1986), Anthony (1990),, Patrick (1996) Grandchildren — Connor (2008), Cathryn (2014) Civic • United Way of Indian River County ■ 1997 — Loaned Executive • 2000-2002 — Annual Campaign Division Chair: Commerce & Industry ■ 1999-2005 — Citizens Investment Committee (panel member, panel chairman, overall process and committee chairman ) ■ 2002-2008 — Board of Directors • 2005-2006 — President, Board of Directors • 2007-2008 - Annual Campaign Co -Chairman • 2013-20.14 — Citizens Investment Committee — Panel Chair ■ 2013 Ralph King Award for Outstanding. Service • St. Helen Harvest Festival • Board. Member 1984 -Present • Prize purchasing chair 1993 - present • Games chairman 1984-92 • Fr. Hugh Flynn Award 1999 • Civic Leadership Program 1995/96 • Chairman - VISIONS for Indian River County steering committee, 1996-97 • Chairman - Existing Business Subcommittee, Indian River Chamber of Commerce, 1998-99 • President - Estate Planning Council of Indian River County, 1994-95 • Chairman - Indian. River Chapter of Treasure Coast Builders Association, 1991-92 • Exchsnge Club of Indian River • Member since 1985 ■ President 1990-91 • Exchangite of the Year 1987-88 • Board of Directors 2012-2014 187 ■ SafeSpace • Board of Directors 2008-2014 • Resource Development Committee Chairman 2009-2014 ■ Chairman of Board 2012-2013 • Samaritan Center Advisory Board ■ Board of Directors 2016- Present ■ Chairman of Board 2017-2018 188 Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Kelly A •Darmetko Full Name: Kelly A Darmetko Street Address (No P.O. Boxes): Home Phone: 772-571-659.6 Date: 08.12.18 Email Address: RECEIVED AUG 1 5 2018 MRI OF COUNTY COMMISSION kdarrnetko@att.net 617 Rolling Hill Drive, Sebastian, FL 32958 Work Phone: 617-663.3252 How long have you been a resident of Indian River County? Cell Phone: 508-942-9623 3 years Are you a full or part time resident? Check one: Full Time 7 Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. John Hancock Financial Services Please list any licenses you presently hold: Please list any organization of which you are currently a member: CEFLI AOLI FJNRA, InfraGard;.(pnvate:ae+ Please list any other committees or boards you currently sit on: Continued on next page 189 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 i CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD 11 COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS i DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL Lv ENVIRONMENTAL CONTROL HEARING BOARD ./ MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE '/ TOURIST DEVELOPMENT COUNCIL !v TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY n (i J VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY 1 1 +i 4u{}yr�� Plea$�e+pr"ap`c!C���+x 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. 190 Kelly A. McLean Darmetko 617 Rolling Hill Drive, Sebastian, FL 32958 Home: 772-571-6595 Email: kdarmetko(a att. net EMPLOYMENT John Hancock Financial Services - Boston, MA/Remote Compliance Consultant, Annuities Compliance 09/14— present • Oversight of broker/agent review group, which acts as a framework for evaluation where allegations of fraud and misconduct are identified. Work to safeguard privacy of clients, mitigate risk and protect corporate reputation. • Develops, implements, and coordinates business unit training, including updating policies and procedures ensuring the unit is meeting all Firm and regulatory requirements. • Documents and maintains historical workflows and case documentation where action(s) taken against producer/firm. • Serves as contact to all business unit personnel regarding compliance, AML and fraud matters. • Partners with Investigative Services and Legal in escalated fraud matters, investigations and risk mitigation. • Serves as Liaison between other business units and the Firm to make certain that all information necessary is shared to meet various regulatory requirements. • Serves as AML/ATF Coordinator responsible for administration and oversight of the AMIJATF Program. • Participates in home office examinations to ensure business unit is compliant in interna] and external rules and regulations. • Close monitoring of AML with a view to early detection of possible fraudulent activity as well as participate in firm discussions on appropriate tracking measures. • Analyzes, updates and distributes monthly, quarterly and annual metrics for presentation to senior management_ • Works with state, federal and other securities industry regulators as needed. • Fully engaged and committed to corporate brand. Senior Compliance Analyst, U.S. Compliance 10/08-09/14 • Developed and maintained policy/procedure documentation; training materials, when necessary. • Developed, tested and coordinated robust monitoring program for appointed producers. • Provided metrics and monthly reporting an ad-hoc reports; Sharepoint site administrator. Bay State College — Taunton, MA Campus Adjunct Instructor 05/14 — 08/15 • Supported students in achieving their educational goals through successful completion of business courses. • Prepared weekly curriculum, final course project and facilitated classroom discussions based on study materials, news and industry articles. • Developed syllabi and weekly lesson plans for on campus classes including some online coursework, including quiz/test/final preparation, grading and tutoring, as necessary. Beverly Yacht Club, Marion, MA 10/03 — 08/08 Member Services Coordinator /Assistant to General Manager • Supported 500+ memberships in private club setting of diverse, elite clientele. • Worked with club committees on activities, onshore and private functions, newsletter, mailings, yearbook and calendar. Maintained club website and produced event brochures, posters and materials for each function. Liberty Mutual Insurance Group, Boston, MA 12/87— 03/02 Sr. Executive Secretary/Business Analyst, Business Sales • Administrative support to President of Business Sales including sales event planning, sales reporting and compensation. EDUCATION/ADDITIONAL: • MBA - Southern New Hampshire University • BS Business Management — Bay State College; awarded President's Award for Excellence • Member of InfraGard (Private Sector member) • Member of CEFLI and ACLI • Session Speaker @ Annual LIMRA Compliance Conference • SEC, FINRA and LIvIRA affiliate • ACAMS Member • Proficient in Microsoft Office and Sharepoint • Strong verbal, written and presentation skillset; self-starter, committed. 191 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:kvan EepoSitoI , Full Name:Evatl Esposito 1 Email Address: _istopoilwars©gmaom 1 Street Address (No P.Q. Boxes) : tt.115 27th &life Date: I ,•-•GWL. 11:2[ECFPPT-----S LI Uri—Ty/ zLJ HOrrie Phone:[9;140497i 8 'Work [111111 _ Cell Phone:L How long haveyou been a resident of Indian River COunty? i4 years Are you a full or part tirne. resident? Check one: Full Timei, Part Timel_j Please list current employer or business. If retired, please list any business experience that may be applicable to the 'committee. Government Contractor Please list any licenses you presently hold: !Solar Certified .Installer I i I ! Please list any organization of Which you are currently a member; 1 i 1 i 3 1Fioridianefor solar etwice Please list eny other COMMittees or boards you currently sit on: INEtional Solar Advocates Continued on next page 192 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 171 AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE 7 CODE ENFORCEMENT BOARD 7 COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS 71:' DEVELOPMENT REVIEW qND PERMIT PROCESS ADVISORY COMMITTEE k ECONOMIC DEVELOPMENT COUNCIL 4/ ENVIRONMENTAL CONTROL HEARING BOARD ly l MPO BICYCLE ADVJSORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE ilk PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE IPI° TOURIST DEVELOPMENT COUNCIL 17 TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD 1 frr TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 1.71 VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY fit ly i 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 193 !' EVAN ESPOSITO PO Box 248*FARMINGVILLE* NEW YORK, 11738* (631) 404-9718 STOPOILWARS@GMAIL.COM ENVIRONMENTAL CONSULTANT, SEEKING A POSITION IN PV INSTALLATION, SALES, AND MARKETING EDUCATION SBU(Stony Brook University) Pollution and Human Health environmental impact studies. A+ Solar Sales and Installation; Hands on training and Installations for over 135 clients. ACPV certification with over 300 micro inverters installed to date Series 7 and series 63 United States Registered Representative for financial services and account management Investment Analysis SBU certification Computer Proficiency Examination; Microsoft Excel and Office Training SBU Suffolk Community College Advanced Literature and Psychology training Philosophy Major -with a deep understanding of political and cultural affairs, SBU Graduate course work completed with Ivy League graduate students at SBU. Work History Sales and business management from 1993 through 1997 (SBU Entrepreneurship program completed) Financial Business Management and Intangible Asset Sales trainer from 1997 through 2006 Solar Energy Consultant from 2004 through 2009 Solar Energy Design and Installation from 2009 through present Commercial Solar Integrator from 2012 through present Solar Panel Supplier from 2012 through present Interests include Renewable Energy technological advancements; Clean Energy Marine Applications; Grid Independence; Biblical Studies; Space Exploration; Horticulture. : References available Upon Request: 194 Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Full Name: �I!r✓ (f' LL Street Address (No P.O. Boxes): Home Phone: Date: RECEIVED JAN 312O8 BOARD OF COUNTY COMMISSION tg(v l 701 Email Address: S4 fa Pt { S(L_ 6) (40 MRI L ,(('n ) 0C os Ft'6 (A, wt D5ak. vkt a How long have you been a resident of Indian River County? Cell Phone: `ho -21 s54 (Aft) Are you a full or part time resident? Check one: Full Time[' Part Time 7 - Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. hod L tvvw4ctiAtril U'I vv(Tri %S Mks P Please list any licenses you presently hold: 63 o(\i,y45 LicE t2joN1 ut(��� Please list any organization of which you are currently a member: fJ,J j1L $.11f 04q9i0 9)0,7Y Please list any other committees or boards you currently sit on: Continued on next page 195 Place a check mark next to the committee(s) you would like to serve on: 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 196 AFFORDABLE HOUSING ADVISORY COMMITTEE I V AGRICULTURE ADVISORY COMMITTEE `tom BEACH & SHORE PRESERVATION ADVISORY COMMITTEE '! L CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL (/9 ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL /il 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 196 SVEN FRISELL 10605 Fife Avenue, Vero Beach, FL 32963 • (772) 388-0517 • svenfrisell@hotmail.com EXECUTIVE LEADER Forward -thinking and results -oriented Management Professional with over 23 years of experience providing excellent operations management, human resources oversight, process improvement, and change management services to top organizations within the hospitality and tourism industry. Proven leader with ability to develop, mentor, and motivate customer -focused, high -performing teams. Proficient in identifying opportunities for improvement and implementing solutions -based systems. Strong communicator who positions organizations to meet goals by fostering cross -departmental collaboration. Languages: English, Danish, & Swedish • Strategic & Tactical Planning • New Business Development Negotiations • Sales & Marketing • Business Operations • Client Relations • Vendor Management Inventory Control • Budgeting & Forecasting • Recruitment • Training • Team Development MS Word, Excel, & PowerPoint • WP 7.0 • Web Development VEXPt PANERA BREAD, Foxwoods, CT Cafe Manager, 2013-2014 ■ Positioned restaurant grossing $3.6M+ for short and long-term success by directing full facet of operational activities in collaboration with four -person management team. • Built strong teams and improved performance by overseeing human resources/recruitment efforts, including hiring, training, and scheduling. Key Accomplishments: • Led store to perform higher than forecasted and maintain profit in 2013. GLOBAL A 1St FLAGSHIP COMPANY, Antigua, West Indies Consultant, 2011-2013 • Boosted market research and business development efforts related to Down Range operation by conducting research and gathering key information. ■ Ensured program success by fostering the maintenance of contracts within the Local Initiative Support Corporation (LISC) Programme at Antigua. Key Accomplishments: ■ Successfully gathered sensitive information for Boeing's ongoing bid for defense contract. SANDALS REGENCY (LA TOC), St. Lucia, West Indies Hotel Manager, 2010-2011 • Managed 331 -room and 240 -acre property with seven restaurants, nine bars, one golf course, three main pools, and 87 private pools. • Demonstrated cross -functional collaboration by supervising food and beverage, water sports, golf, entertainment, and activities departments. Key Accomplishments: • Maintained safe operations during the devastating effects of Hurricane Thomas. HORIZON SUPPLIES, Antigua, West Indies Operations Manager, 2007-2010 • Led the daily operations of major hotel and restaurant supplier, including local purchases, maintenance issues, and daily inventory control. * Directed a team of 28 staff members and managed a fleet of 12 trucks. 197 SVEN FRISELL, Page 2 HORIZON SUPPLIES, CONTINUED Key Accomplishments: • Reduced labor costs and operational expenses while maintaining sales during strenuous financial period by negotiating new labor contract with the local labor union. • Cut clerical errors, decreased loss, and increased accuracy during annual official audit by developing/implementing inventory system that checked 150 items daily. • Ensured food, health, and safety guidelines were met constantly by implementing innovative system. • Guaranteed effective and economical use of trucks by developing a monitoring process for truck drivers that included installation of GPS units. SEEBYSEA, Antigua, West Indies Managing Director, 2005-2007 • Developed, from the ground up, a tour desk and boat business, including purchasing/outfitting boats, setting up controls/budgets, implementing marketing strategies, and designing routes/excursions. Key Accomplishments: • Grew business from a small company giving three tours per week to a business with five desks in major hotels conducting up to 12 tours per week. SUNSAIL CLUB COLONNA, Antigua, West Indies Food and Beverage Manager, 2001-2005 • Managed food and beverage operations of 140 -room property. ■ Supervised and directed staff of 50+ to serve up to 300 guests per sitting. Key Accomplishments: • Cut food costs in half while increasing the quality of menu items through rigorous attention to inventory and control systems. ■ Oversaw HAACP plan as recipient of Food Safely Royal Association for Health certification. Previous positions include Hotel Operations Manager for The Mill Reef Club, Human Resources Manager for Pineapple Beach Resort (an Allegro Resort), Consultant for The Host Programme, Club Manager for Satellite Club at the USAir Force Station in Antigua, and Co -Owner of La Perruche Restaurant. Bachelor of Science, Organizational Leadership, Penn State University Online, In Progress A prestigious program of study featuring the same curriculum and professors as on -campus equivalent Courses, Antioch College, Springfield, OH Graduate, Fine Arts, The Williams School, New London, CT CERT' Certified PADI Dive -Master Host Certification & Assessor Training First Aid/CPR Certified Intermediate Food Safety Royal Association for Health Servesafe Food. Safety Certification co. Five Trans -Atlantic Crossings by Sailboat. Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Anna Kirkland Full Name: Anna Kirkland Street Address (No P.O. Boxes): Home Phone: 772-473-3603 Date: 09/10/2018 Email Address: annakirklandl@yahoo.com 2860 Quay Rock Road, Vero Beach, FL 32967 Work Phone: 772-492-1850 How long have you been a resident of Indian River County? CeII Phone: 772-473-3603 36 years Are you a full or part time resident? Check one: Full Time✓Fart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Twenty First Century Engineering, Corp. Kirkland Harvesting, Inc. Please fist any licenses you presently hold: FL Notary Please list any organization of which you are currently a member: Junior League of Indian River Please list any other committees or boards you currently sit on: N/A RECEIVED Continued on next page SUP 12 2018 .BOARD OF COUNTY COMMISSION 199 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE V AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE F/1 CHILDREN'S SERVICES ADVISORY COMMITTEE LI CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT `/ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE n ECONOMIC DEVELOPMENT COUNCIL WI ENVIRONMENTAL CONTROL HEARING BOARD I r l MPO BICYCLE ADVISORY COMMITTEE n MPO CITIZEN ADVISORY COMMITTEE n PLANNING & ZONING COMMISSION El SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE C TOURIST DEVELOPMENT COUNCIL l r l TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD El TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY n VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY r L Please print and return the completed:applicafton, 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 200 Anna Kirkland (772) 473-3603 annakirkland'l @yahoo.com PROFESSIONAL SKILLS • Certified Florida Notary • Microsoft -Office, (Outlook, Excel, Word, Access, Power Point) • Adobe Photoshop, Adobe Acrobat Professional, Printmaster Programs, Invoices & Estimates Pro, Timberline. Quickbooks, AcuityScheduling Software • Type 70-75 wpm, ten key typing • Office procedures and administration • Operate multiple phone lines, fax machines, copy machines, dictation machines, scanners EMPLOYMENT SKILLS • Experience exercising discretion and confidentiality with sensitive company information • Ability to work in a fast -paced environment • Self -motivated and require little supervision • Maintained all record-keeping procedures without error • Effective and personable telephone communication skills • Excellent customer service skills and diplomatically resolve customer disputes EMPLOYMENT Client Coordination Manager / Executive Assistant Years Employed 2013- Present Twenty First Century Engineering, Vero Beach, FL • Coordinate daily calendars of president • Act as the point of contact and communicates between president and employeesfclients • Coordinate inspections, depositions and trials with office staff and clients • Handle confidential information with discretion daily • Maintain hundreds of current cases and database management • Facilitate internal communication (e.g. distribute information and schedule presentations) • Make travel arrangements • Suggest more efficient ways to run the office and troubleshoot malfunctions Vice President of Pperations Years Employed 2005 - Present Kirkland Harvesting, Inc., Sebastian, FL • Preparing and processing work in progress and billings • Reviewing and reconciling account balances • Tracking the turnaround times for the billing cycle • Tracking cattle turnaround Anna Kirkland Resume Page 1 of 2 201 CONTRACT ADMINISTRATOR Years Employed 2006- 2012 The Hill Group Vero Beach, FL • Create presentations for clients using MS Office products • Prepare dictations of inspections • Prepare, apply and pick up work permits for various jobsites • Prepare Subcontracts, Purchase Orders, Change Orders, and Owner Contracts • Coordinate with subcontractors, office staff and clients • Maintain contract filesanddatabase management • Control and track monthly fixed asset inventory • Maintain over one hundred client files and histories at a time • Establish communication between client, Project Managers and field employees • Control and track monthly vehicle maintenance inspections EDUCATION Vero Beach High School Vero Beach, FL YEARS ATTENDED 1996-2000 Indian River State College YEARS ATTENDED 2001-2002 Ft. Pierce, FL YEARS ATTENDED 2008-2009 S2 Safety & Intelligence Institute YEARS ATTENDED 2010-2010 Online University of Georgia YEARS Al 1hNDED 2013-2013 Online Anna. Kirkland Resume Page 2 of 2 202 Name: INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT ERIC MENGER. Full Name: ERIC MENGER Street Address (No P.O. Boxes): Home Phone: Date: 09/20/17 1 Email Address: 1 emenger@covb.org 3400 Cherokee Drive, Vero Beach, FL 32960 1 772-532-6132 'Work Phone: 772-978-4930 How long have you been a resident of Indian River County? Are you a full or part time resident? Check one: Full Time ny C01334. 10,10 Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Cell Phone: 772-532-6132 55 years ,Part Time v3Ictiss7c33 'yr�t• Employer - City of Vero Beach (Vero Beach Regional Airport Director) Please list any licenses you presently hold: FAA Commercial Pilot's License; Florida Driver's License Please list any organization of which you are currently a member: merican Association of Airport Executives, Florida Airports Council, Veterans Council of Indian River County, Indian River Chapter of the Military Officers Association of America (MOAA), Indian River County Chamber of Commerce, Treasure Coast Exchange Club Please list any other committees or boards you currently sit on: Veterans Council of IRC, IRC-MOAA, Government Issues Committee (Chamber), several committees related to airports and aviation with the. Florida Airports Council and FDOT. Continued on next page 203 Place a check mark next to the committees) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE E AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ___. CHILDREN'S SERVICES ADVISORY COMMITTEE n CODE ENFORCEMENT BOARD E COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL V/ ENVIRONMENTAL CONTROL HEARING BOARD —' MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL n TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD n TREASURE COAST REGIONAL PLANNING COUNCIL–COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ri VALUE ADJUSTMENT BOARD – MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY f-1 1 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 204 ERICSON W. (ERIC) MENGER 3400 Cherokee Drive, Vero Beach, Florida 32960 / emenger@covb.org / 772.532.6132 SUMMARY OF QUALIFICATIONS • Leadership demonstrated in military, civilian and volunteer roles, including current position as Airport Director and in local and statewide organizations. • Leadership in economic development including airline service and business operations. • Efficient and economical fiscal operations, with 3-8% savings in budgeted expenses as Airport Director at Vero Beach for over 20 years in a row. • Proven record of business development and exceptional customer service. • Licenses: FAA Commercial Pilot License, Multi/Single Engine Instrument Land; Florida Driver's License; American Association of Airport Executives Certified Member (CM). EXPERIENCE Airport Director 1996 -present Director of Vero Beach Regional Airport, an active FAA Part 139 Certified general aviation airport with over 200,000 operations per year. Responsible for safe and efficient operation of the airport. • Led airport team to multiple achievements over 25 years, including recent addition of commercial airline service by Vero's first non-stop jet service to Newark and Asheville. • Managed over $50M in airport development projects while keeping operating costs 3-8% under budget. • Exceptional safety record evidenced by 25 years with no major incidents. • Advises Vero Beach Air Show; attendance was over 50,000 in 2014. • Was awarded FDOT "General Aviation Project of the Year" (2011) — Runway 111../29R mix -in-place recycled asphalt, overland flow storm water design, and LED lighting, including runway lights. • Awarded FDOT "General Aviation Airport of the Year" (2004) — competing against all general aviation airports in Florida. • Awarded FDOT "Aviation Professional of the Year" (2003) — nominated by aviation leadership in Florida. President/Chalrman of the Board, Florida Airports Council 2006-2007 Provided leadership and worked with multiple airports, legislative officials, and skilled FAC Committee Chairs to institute initiatives that benefitted Florida airports. • Initiated and supported legislative initiatives to earn over $125M in state funding for Florida's Airports. • Revised FAC By -Laws, supported GA and Facility Committees, and initiated first general aviation training videos. • Served as Chairman, Statewide CFASPP Captain/O-6, U.S. Naval Air Reserve Deputy Reserve Intelligence Area Commander — Operations; Naval Air Reserve, NAS Jacksonville and Tampa, Florida. • Assigned to USNAVCENT 0174 in support of naval missions during OIF/OEF • Managed administrative support and operational oversight for over 9 naval reserve intelligence units including NCIS and forward deployed units. • Clearance: Top Secret/SCI; well-respected source of aviation knowledge. • Retired from Naval Reserve on 01 August 2007 with full honors. 2003-2007 205 U.S. Navy and Naval Air Reserve 1981-2007 Naval Aviator and Naval Intelligence. • Multiple leadership assignments and duties domestic and abroad; Rank: 0-1 to 0-6, flying in multiple peace time -scenarios and war -time intelligence gathering and analysis. VOLUNTEER / COMMUNITY SERVICE President, Florida District Exchange Clubs 2009-2011 • Led Board of Directors for over 2 years as non-profit association president. Board Member — Indian River Federal Credit Union 2009-2012 • Advisor to IRFCU President/CEO during downturn in economy and merger with MidFlorida Credit Union. Treasurer - Veteran's Council and Military Officers Association of America 2013 -present • Effectively guide Indian River County Boards to maintain fiscal viability and integrity. EDUCATION United States Naval Academy, Annapolis, Maryland • Bachelor of Science Degree - Physical Science/General Engineering • Graduated in top third of class Troy State University (NAS Pensacola) • Graduate work in business, computer science, accounting, and economics • Courses in Master of Science (Management) degree program. 1981 1989 U.S. Navy Flight School (NAS Pensacola), • Navy Instructor Pilot Training • Numerous other Navy schools, primarily in leadership, aviation, engineering, logistics, and intelligence analysis. Licenses: FAA Commercial Pilot License, Multi/Single Engine Instrument Land; FL Driver's. RECOGNITION / ACHIEVEMENTS Exchangite of the Year — Exchange Club 2013 Book of Golden Deeds Award — Exchange Club 2012 President/Chairman of the Board, Florida Airports Council — Leadership Award 2006-2007 President, Florida District Exchange Clubs — Distinguished District President 2009-2012 Aviation Professional of the Year — Florida Department of Transportation 2003 Chairman, CFASPP -- Florida Aviation System Plan 2003-2005 Named one of Forty Most Influential People in Vero Beach 2007 Military (Navy) awards and decorations 1981-2007 206 COMMITTEE VACANCIES AGRICULTURAL ADVISORY COMMITTEE 2 year term, unless otherwise noted • Citrus Industry • Associated Industry CODE ENFORCEMENT BOARD 3 year term, unless otherwise noted • Architect CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 3 year term, unless otherwise noted • Mechanical Contractor • Plumbing Contractor PUBLIC SAFETY COORDINATING COUNCIL 4 year term, unless otherwise noted • Representative from County/State jobs program or other community groups who work with offenders and victims TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD 3 year term, unless otherwise noted • Representative, Citizen Advocate (user of system) 207 /313 County Attorneys Matters - B.C.C. 1.8.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners � FROM: Dylan Reingold, County Attorney `( DATE: January 2, 2019 SUBJECT: Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program BACKGROUND On July 12, 2016, the Indian River County Board of County Commissioners (the `Board") authorized the Southeast Florida Behavioral Health Network to file a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant (the "Grant"). Indian River County was successful in obtaining the Grant in the amount of $1.2 million over a three year period. The Grant has been used to assist the Indian River County Mental Health Court program. On December 5, 2018, the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the application for another Grant which would be used to support expanded services for the mental health court program. The application is due by February 5, 2019. A notice of intent for the Grant is due on January 31, 2019. FUNDING. The Application will be for up to $400,000 per year for three years. The Grant requires a local match equal to the amount of the Grant. The match is the portion of project property and services (staff time, fringe benefits, supplies, equipment, travel, rent, etc.) coming from other than State funds. The match may be derived from Indian River County or private sources. Both "cash" contributions and "in-kind" contributions may be utilized to satisfy the match requirement. A cash match is not required and therefore, I do not anticipate any additional funds necessary to be allocated. F. Utto neylLirdoIGENERALIB CClAgenda Me mo,ISEFBHN Gann.doe 208 Board of County Commissioners January 2, 2019 Page Two RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the attached letter designating Southeast Florida Behavioral Health Network to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and authorize the chair to execute the letter. The County Attorney's Office also recommends that the Board authorize Southeast Florida Behavioral Health Network to submit a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant. ATTACHMENTS Designation Letter FVittoreeytincl iGF.NFRAL\B C C4lgeedeAkewsISEFBHV Geantax 209 Bob Solari Chairman District 5 Susan Adams Vice Chairman District 1 January 8, 2019 BOARD OF COUNTY COMMISSIONERS Ann Berner Southeast Florida Behavioral Health Network 140 Intracoastal Point Dr Suite211 Jupiter, FL 33477 Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 RE: Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant On December 5, 2018, the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the filing of an application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. On January 8, 2019, the Indian River County Board of County Commissioners designated Southeast Florida Behavioral Health Network to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. The Board also voted to approve and support the designation of Southeast Florida Behavioral Health Network to be the applicant for Indian River County. Sincerely, Bob Solari Chairman Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 210 /3C County Attorney's Matters - B.C.C. 1.8.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Atto DATE: January 2, 2019 SUBJECT: Designating Point Persons for 2019 State Legislative List of Priorities Background: On December 18, 2018, the Indian River County Board of County Commissioners ("Board") approved a 2019 Legislative Priorities and List of Concerns. As staff moves forward with a legislative strategy, it would be helpful for the Board to designate a point person and an alternate for each legislative priority. Recommendation: The County Attorney's Office recommends that the Board review staff's recommendation for point persons and alternates, and advise staff of any changes. Attachment: Designated Point Persons and Alternates for 2019 State Legislative List of Priorities 211 Designated Point Persons and Alternates for 2019 State Legislative List of Priorities Topic Point Person Alternate Indian River Lagoon Vice -Chairwoman Adams Commissioner O'Bryan High Speed Passenger Rail Chairman Solari Commissioner Flescher Biosolids- Restriction on Land Application of Class B in Upper Basin of St. Johns River Chairman Solari Commissioner O'Bryan Biosolids- Pilot Program Commissioner O'Bryan Chairman Solari Recycling Vice -Chairwoman Adams Chairman Solari Foreign Trade Zone Commissioner Zorc Vice -Chairwoman Adams Beach Restoration and Nourishment Commissioner Flescher Commissioner Zorc Texting While Driving Commissioner Flescher Vice -Chairwoman Adams Short -Term Vacation Rentals Commissioner O'Bryan Vice -Chairwoman Adams State Housing Initiatives Partnership/ Affordable Housing Commissioner Zorc Chairman Solari 212 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: FROM: DATE: Tad Stone, Director Department of Emergency Services Erin Baskin, Staff Assistant IV Department of Emergency Services December 14, 2018 SUBJECT: Sole Source Purchase of Four (4) Stryker Stretchers It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS The Emergency Services District Board declared Stryker Stretchers as sole source on September 12, 2017. Staff is seeking the sole source purchase of four (4) Stryker Stretchers. The Stryker stretchers are found on each ambulance throughout the fleet and have reached their end of life usage. Staff has obtained price quotes for the proposed replacement of four (4) stretchers that are currently assigned to ambulances, which includes a trade in discount of four (4) older units. Staff recommends that the Board of County Commissioners declare asset numbers 25455, 25460, 25461 and 21623 as surplus and authorize their trade in for an $8,000.00 discount on the purchase of the new stretchers. These replacement units are in the FY 2018/2019 Approved Budget. This will be a multi-year replacement program to ensure that fiscal responsibility is obtained throughout the process. FUNDING: Funding for the four (4) Stryker Stretchers is in the FY 2018/2019 capital budget from the Emergency Services District Funds as follows: ITEM AMOUNT ACCOUNT NUMBER Four (4) Stryker Stretchers $70,446.88 11412022-066490 RECOMMENDATION: Staff recommends the Board declare asset numbers 25455, 25460, 25461 and 21623 as surplus, authorize their trade in and approve the sole source purchase of four (4) Stryker Stretchers. ATTACHMENTS: 1. Price Quote from Stryker 213 siryker® Sales Account Manager TODD TAYLOR todd.taylor©stryker.com Cell: 407-415-5058 End User Shipping Address 1182350 INDIAN RIVER COUNTY EMS 3620 49TH ST VERO BEACH, FL 32967-6305 Shipping Address 1182350 INDIAN RIVER COUNTY EMS 3620 49TH ST VERO BEACH, FL 32967-6305 Comprehensive Quotation Remit to: Stryker Medical P.O. Box 93308 Chicago, IL 60673-3308 Billing Address 1109857 INDIAN RIVER CNN FIRE DIST EMS 1800 27TH ST BLDG B VERO BEACH, FL 32960-3365 Customer Contact Ref Number Date PO Number Reference Field Quote Type Total 7020469 12/14/2018 QUOTE BUDGET QUOTE Line Quantity Item Description Part # Unit Price Extended Price Item Comments 1.00 4 Power -PRO XT Options 4 Power -PRO XT 4 Dual Wheel Lock 4 PR Cot Retaining Post 4 Power Pro Standard Components 4 XPS Siderails 4 No Runner/HE 02 4 Equipment Hook 4 6506 PWR-LOAD/PERF-LOAD OPTION 4 Knee-Gatch/Trendelenburg 4 No HE Section 02 Bottle 4 Base Storage Net 4 Pocketed Back Rest Pouch 4 Head End Storage Flat 4 Fowler 02 Bottle Holder 4 English Manual 4 120V AC SMRT Charging Kit 4 J Hook 4 XPS Mattress - Black 4 Steer Lock Option 4 3 YR X -Frame Powertrain Wmty 4 2 Yr Bumper to Bumper Warranty 4 DOM SHIP (NOT HI, AK, PR, GM) 4 3 Stage IV Pole PR Option 4 X -RESTRAINT PACKAGE 4 STANDARD FOWLER 4 Discount 6506000000 $17,611.72 $70,446.88 6506000000 $19,611.72 $78,446.88 6086602010 6085033000 6506026000 6506040000 0054200994 6500147000 6506034002 6500082000 6506036000 6500160000 6500130000 6500128000 6500241000 6506600000 6500028000 6092036018 6500003130 6506038000 7777881669 7777881670 0054030000 6500315000 6500001430 6506012003 9999999912 ($2,000.00) ($8,000.00) Note: r Signature: Product Total $70,446.88 Freight $0.00 Tax $0.00 Total $70,446.88 Title/Position: Date: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must trs led before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. L. 1'adi Page 1 of 2 siryker® Comprehensive Quotation Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval, except as may be requested by law or by lawful order of any applicable govemment agency. Terms: Net 30 Days. FOB origin. A copy of Stryker Medical's standard terms and conditions can be obtained by calling Stryker Medicals Customer Service at 1 -800 -STRYKER. Cancellation and Return Policy: In the event of damaged or defective shipments, please notify Stryker within 30 days and we will remedy the situation. Cancellation of orders must be received 30 days prior to the agreed upon delivery date. If the order is cancelled within the 30 day window, a fee of 25% of the total purchase order price and return shipping charges will apply. 215 Page 2 of 2