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01/15/2019 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 15, 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 Bert Wilson, Faith Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 3.A. PROPERTY APPRAISER OATH OF OFFICE The Honorable Janet C. Croom, Circuit Judge, Nineteenth Judicial Circuit 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring the Riomar Country Club on its Centennial 5.B. Presentation of Proclamation Designating January 26, 2019, as Purple Heart Cane Day 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Resignation of Wesley Davis from Value Adjustment Board January 15, 2019 Page 1 of 4 8. CONSENT AGENDA 8.A. Checks and Electronic Payments December 28, 2018 to January 3, 2019 8.B. Sandridge Golf Course ETS Credit Card Processing Agreement 8.C. State Aid to Libraries Grant Application and Agreement 8.D. TRG CFG Project IV LLC's Request for Release and Replacement of a 25 -Foot Wide Conservation Easement on Lots 34-46 of Huntington Place Subdivision 8.E. Final Payment, Release of Retainage and Change Order No. 1 for 1st Street S.W. and 43rd Avenue Intersection Improvements, IRC -1232 8.F. Approval of First Extension to Agreements for Custodial Service 8.G. Amendment No. 2 to Work Order No. 4 with Masteller & Moler, Inc. for the Victor Hart Sr. Complex Drainage Improvement Project, IRC -1760 8.H. Award of Bid 2019018 - Gifford Aquatic Center Pool Resurfacing 8.I. Award of Bid 2019017 - North County Aquatic Center Flooring Replacement 8.J. Miscellaneous Budget Amendment 003 8.K. GYAC Classroom Building Project - Grant of Easement to FPL 8.L. Osprey Acres Floway and Nature Preserve - Grant of Easement to FPL 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Executive Session at a time certain of 10:00 a.m. to discuss the resolution of the impasse related to the Indian River County Sheriffs Office and IUPA Collective Bargaining Agreement 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 129 - (Legislative) 10.A.2. Public Hearing: Ordinance Amending Section 210.01 and Section 210.03 of the Code regarding the fourth cent of the Tourist Development Tax (Legislative) B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Fred Mensing Regarding Virgin Trains USA - Wasted Dollars; Charter Government; and Ocean Concrete Lawsuit C. PUBLIC NOTICE ITEMS January 15, 2019 Page 2 of 4 10.C.1. Public Notice of Public Hearings Scheduled for January 22, 2019 (Quasi -Judicial) 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. West Wabasso Phase II Sewer Project - Bidding Status: Bid No. 2019-020 13. COUNTY ATTORNEY MATTERS 13.A. Anti -Smoking Resolution 13.B. Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements Central Groves Corp. - 66th Avenue and 69th Street 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 14.A.1. Dodgertown Golf Course Property B. Commissioner Susan Adams., Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan 14.D.1. Additional Membership on Economic Development Council E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District January 15,2019 Page 3 of 4 15.B.1. CCNA-2018 Work Order No. 2 to CDM Smith, Inc. for Implementation of the Construction and Demolition (C&D) Debris Landfill Contamination Evaluation Plan 15.B.2. Final Pay to CDM Smith for CCNA 2014 Work Order No. 12 - Full Cost Accounting and Financial Assurance Reporting 15.B.3. CCNA-2018 Work Order No. 3 to CDM Smith, Inc. for Engineering Services with the SWDD Annual Permit Compliance Monitoring and Reporting 15.B.4. CCNA-2018 Work Order No. 4 to CDM Smith, Inc. for the SWDD Annual Financial Reports C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of theproceedings 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.n. 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 15, 2019 Page 4 of 4 PROCLAMATION HONORING THE RIOMAR COUNTRY CLUB ON ITS CENTENNIAL WHEREAS, in 1919, three men from Cleveland, W.H. Humiston, J.P. Sawyer, and E.E. Strong, founded Riomar, the first club on the Treasure Coast and one of the five oldest in Florida; and WHEREAS, that same year, these men, with their families and friends, built a strong community from the river to the sea consisting of homes, beach pavilion, boating and fishing dock, club- and guest-house, and Vero's first golf course, which was then and remains today, the only seven -hole course on Florida's Atlantic coast; and WHEREAS, over the past one hundred years, the Riomar Country Club has contributed to the welfare of, and through the goodwill and efforts of many members has been an integral part of the development of, Vero Beach and Indian River County; and WHEREAS, for over one hundred years, the Riomar Country Club has been at the center of Old Riomar, providing the foundation for a great neighborhood, which has helped hundreds of families have a wonderful life in Vero Beach. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA congratulates the Riomar Country Club and its past, present, and future members on the occasion of their centennial, and extends its best wishes as the Club enters its second century. Adopted this 15th day of January 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D. O'Bryan 1 58 PROCLAMATION DESIGNATING JANUARY 26, 2019, AS PURPLE HEART CANE DAY WHEREAS, Indian River Woodcarvers was started by Joe Miller in January, 2007 and continues today under the guidance of President Craig Holterman, having undertaken community projects such as comfort birds for hospice patients and the Purple Heart Cane Project for combat wounded veterans; and, WHEREAS, the Purple Heart Cane Project is a community outreach activity by which the India n River Woodcarvers Club honors Purple Heart recipients with hand -carved personalized canes; and, WHEREAS, the Purple Heart Cane Project began in 2009 by presenting 4 canes to Veterans, and are now working on cane number 362. With community support, this project will continue until every combat wounded veteran in our area has been honored; and, WHEREAS, each intricately carved cane displays the history of the individual veteran's service to his country, including details about service branch, awards earned, and dates of enlistment and discharge. Every cane bears the head of an eagle, no stunning detail is spared. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that January 26, 2019, be designated as Purple Heart Cane Day in Indian River County and the Board encourages all citizens to attend the cane presentation hosted by and at the National UDT/SEAL Museum on January 26, 2019 at 1:00 p.m. Adopted this 15th day of January, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 2 7A January 15, 2019 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 9, 2019 Subject: Resignation of Wesley Davis to the Value Adjustment Board From: Misty L. Purse) Commissioner Assistant, District 1 Wesley Davis announced his resignation via email (attached), effective immediately. Anyone interested in serving on the Value Adjustment Boards will need to submit an application and resume to the Clerk to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications may be accessed on-line at www.ircpov.com/boards/committee applications or pickup from the Board of County Commissioner's Office, Administration Complex, Building A, Second Floor, Executive Offices, 1801 27th Street, Vero Beach, FL 32960. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL@F8ODC8A9\@BCL@F8ODC8A9.doc 3 Gmail - Resignation from VAB Page 1 of 1. Gmai l Wesley Davis <wesleyiraallc@gmail.com> Resignation from VAB Wesley Davis <wesleyiraallc@gmail.com> -Wed, Jan 9, 2019 at 1:55 PM To: "Misty L. Pursel'' <mpursel@ircgov.com>, Terri Collins -Lister <tlister@clerk.indian-river.org> Due t� my recent appointment, I regretfully must resign from the Value Adjustment Board, effective immediately. Thank you for this opportunity. Wesley S. Davis 772 633 8688 4 https://mail.google.com/mail/u/1 ?ik=294ce7a7 1 &view=pt&search=all&perrrminsgid=ansg-... 1 /10/2019 JEFFREY R. SMITH, CPA, CGFO, CGMA 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: January 3, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 28, 2018 to January 3, 2019 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 28, 2018 to January 3, 2019. 5 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 376221 12/28/2018 PORT CONSOLIDATED INC 615.62 376222 12/28/2018 JORDAN MOWER INC 264.02 376223 12/28/2018 COMMUNICATIONS INTERNATIONAL 144,820.00 376224 12/28/2018 I EN -8 FIRE EQUIPMENT INC 3,781.20 376225 12/28/2018 VERO CHEMICAL DISTRIBUTORS INC 12.75 376226 12/28/2018 RICOH USA INC 266.92 376227 12/28/2018 RICOH USA INC 10.84 376228 12/28/2018 HENRY SCHEIN INC 4,665.90 376229 12/28/2018 VELDE FORD INC 144.91 376230 12/28/2018 SAFETY PRODUCTS INC 57.40 376231 12/28/2018 AT&T WIRELESS 1,573.59 376232 12/28/2018 DATA FLOW SYSTEMS INC 768.60 376233 12/28/2018 PARALEE COMPANY INC 492.00 376234 12/28/2018 DELTA SUPPLY CO 65.12 376235 12/28/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 11.48 376236 12/28/2018 GRAINGER 1,279.38 376237 12/28/2018 GRAYBAR ELECTRIC 818.88 376238 12/28/2018 REPUBLIC SERVICES INC 244,394.02 376239 12/28/2018 MCMASTER CARR SUPPLY CO 45.16 376240 12/28/2018 MY RECEPTIONIST INC 969.40 376241 12/28/2018 HACH CO 1,132.56 376242 12/28/2018 LFI FORT PIERCE INC 782.81 376243 12/28/2018 PHYSIO CONTROL INC 7,420.20 376244 12/28/2018 MASTELLER MOLER & TAYLOR INC 2,587.40 376245 12/28/2018 BOUND TREE MEDICAL LLC 3,931.32 376246 12/28/2018 ECOTECH CONSULTANTS INC 2,667.00 376247 12/28/2018 VERO INDUSTRIAL SUPPLY INC 2,134.59 376248 12/28/2018 CARTER ASSOCIATES INC 6,440.00 376249 12/28/2018 ARMFIELD WAGNER APPRAISAL AND RESEARCH! INC 1,200.00 376250 12/28/2018 DELL MARKETING LP 13,524.15 376251 12/28/2018 MIDWEST TAPE LLC 526.76 376252 12/28/2018 FERRELL GAS 146.00 376253 12/28/2018 MICROMARKETING LLC 146.53 376254 12/28/2018 CENGAGE LEARNING INC 109.39 376255 12/28/2018 GO COASTAL INC 670.60 376256 12/28/2018 COMMUNITY ASPHALT CORP 53,365.60 376257 12/28/2018 CLERK OF CIRCUIT COURT 40.00 376258 12/28/2018 CITY OF VERO BEACH 463.10 376259 12/28/2018 CITY OF VERO BEACH 10,926.18 376260 12/28/2018 UNITED WAY OF INDIAN RIVER COUNTY 788.00 376261 12/28/2018 INDIAN RIVER ALL FAB INC 500.00 376262 12/28/2018 AT&T 236.68 376263 12/28/2018 FERGUSON ENTERPRISES INC 4,570.86 376264 12/28/2018 PERCONTI DATA SYSTEMS INC 40,000.00 376265 12/28/2018 ACUSHNET COMPANY 2,570.97 376266 12/28/2018 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 376267 12/28/2018 DEANG.ELO BROTHERS INC 232.00 376268 12/28/2018 GEOSYNTEC CONSULTANTS INC 9,783.71 376269 12/28/2018 FEDERAL EXPRESS CORP 36.83 376270 12/28/2018 FEDERAL EXPRESS CORP 42.63 376271 12/28/2018 FEDERAL EXPRESS CORP 56.55 376272 12/28/2018 FEDERAL EXPRESS CORP 98.94 376273 12/28/2018 ELIZABETH MARTIN 97.01 376274 12/28/2018 RIVERFRONT HOTEL LLC 429.60 376275 12/28/2018 CITY OF SEBASTIAN 48,424.64 376276 12/28/2018 SIEMENS INDUSTRY INC 71.00 376277 12/28/2018 SOUTHEAST DESALTING ASSOCIATION 80.00 376278 12/28/2018 CALLAWAY GOLF SALES COMPANY 22.34 TRANS NBR 376279 376280 376281 376282 376283 376284 376285 376286 376287 376288 376289 376290 376291 376292 376293 376294 376295 376296 376297 376298 376299 376300 376301 376302 376303 376304 376305 376306 376307 376308 376309 376310 376311 376312 376313 376314 376315 376316 376317 376318 376319 376320 376321 376322 376323 376324 376325 376326 376327 376328 376329 376330 376331 376332 376333 376334 376335 376336 376337 376338 DATE 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/20,18 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 VENDOR FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT THOMAS S LOWTHER FUNERAL HOME CORP FLORIDA PUBLIC EMPLOYER LABOR GIFFORD YOUTH ACHIEVEMENT CENTER INC SUNSHINE STATE ONE CALL OF FL INC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION FLORIDA STATE GOLF ASSOCIATION BE SAFE SECURITY ALARMS INC UNITED HEALTH CARE INS COMPANY UNITED HEALTH CARE INS COMPANY UNITED HEALTH CARE INS COMPANY NATIONAL ALLIANCE FOR YOUTH SPORTS INC PITNEY BOWES INC ALAN C KAUFFMANN NAEMT G K ENVIRONMENTAL INC CHILDRENS HOME SOCIETY OF FL PINNACLE GROVE LTD BRIDGESTONE AMERICAS INC CONSTRUCTION LICENSING OFFICIALS HOMETOWN NEWS CELICO PARTNERSHIP JOSE GUANCH FLORIDA DEPT OF JUVENILE JUSTICE VAN VVAL INC SYNAGRO-WWT INC THE SHERWIN WILLIAMS CO SOUTHERN JANITOR SUPPLY INC E W SIVER & ASSOCIATES INC ETR LLC STAPLES CONTRACT & COMMERCIAL INC PELICAN ISLES LP HEVERON GROUP INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT 1ST FIRE & SECURITY INC NORTH CAROLINA CHILD SUPPORT TOTAL TEMPERATURE INSTRUMENTATION INC JOHNNY B SMITH POWER -TEL UTILITY PRODUCTS INC MC COLLOM, BRAD & HEATHER CHARLES A WALKER FISHER & PHILLIPS LLP CEMEX INC SOUTHEAST SECURE SHREDDING M L ENGINEERING INC NICOLACE MARKETING INC CENTEX HOMES WINSUPPLY OF VERO BEACH SANDY ARACENA BR:ENNTAG MID -SOUTH INC JENNIFER HUGHES ECMC PICTOMETRY INTERNATIONAL CORPORATION VERO BEACH INVESTMENTS LLC DANIEL CORY MARTIN ORLANDO FREIGHTLINER INC GFA INTERNATIONAL INC AMOUNT 26,462.32 22,855.61 425.00 750.00 3,431.30 1,007.83 20,550.00 522.00 359.70 36.84 283.78 92.97 80.00 201.00 120.00 195.00 2,600.00 3,500.00 350.00 393.96 350.00 1,460.00 2,317.57 113.82 25,476.00 195.00 54,373.75 155.80 2,440.90 225.00 690.63 420.51 450.00 19,039.00 302.62 306.73 171.15 6,667.29 105.69 8,499.00 100.00 11,250.00 35.00 40.00 1,456.00 129.20 149.16 1,200.00 450.00 1,684.84 272.37 40.00 8,427.56 25.00 288.67 2,950.00 300.00 450.00 358.68 9,933.84 2 TRANS NBR 376339 376340 376341 376342 376343 376344 376345 376346 376347 376348 376349 376350 376351 376352 376353 376354 376355 376356 376357 376358 376359 376360 376361 376362 376363 376364 376365 376366 376367 376368 376369 376370 376371 376372 376373 376374 376375 376376 376377 376378 376379 376380 376381 376382 376383 376384 376385 376386 376387 376388 376389 376390 376391 376392 376393 376394 376395 376396 376397 376398 DATE 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 VENDOR LOWES HOME CENTERS INC CARDINAL HEALTH 110 INC PPG ARCHITECTURAL FINISHES INC MUNICIPAL EMERGENCY SERVICES INC KYLE ANDERSON BURNETT .LIME CO INC STRAIGHT OAK LLC SEAN MAKI COMMUNICATIONS LLC AFFORDABLE TRAILER SERVICE AND SUPPLY INC SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING FLORIDA TRAVEL VACATIONS INC CHEMTRADE CHEMICALS CORPORTATION SUSAN ADAMS FAMILY SUPPORT REGISTRY BERNARD EGAN & COMPANY SKECHERS USA INC RONALD NICHELSON COBRA GOLF INCORPORATED SYLIVIA MILLER THE TRANSIT GROUP INC ANFIELD CONSULTING GROUP INC PRESTIGE HEALTH CHOICE CATHEDRAL CORPORATION UNIFIRST CORPORATION TAMI GAY CDA SOLUTIONS INC SITEONE LANDSCAPE SUPPLY LLC EGP DOCUMENT SOLUTIONS LLC WURTH USA INC EASTERN PIPELINE CONSTRUCTION INC EVERY DREAM HAS A PRICE TRIHEDRAL INC MAGELLAN COMPLETE MEDICAID MATHESON TRI -GAS INC PEOPLE READY INC MEDICAL HOTSPOTS INC SUZANNE BOYLL COLE AUTO SUPPLY INC CANON FINANCIAL SERVICES INC NORTH CAROLINA DEPARTMENT OF REVENUE NESTLE WATERS NORTH AMERICA TOTAL ADMINISTRATIVE SERVICES CORP RICHARD J DILLON VEOLIA WATER TECHNOLOGIES INC CORE & MAIN LP 1066 US HWY Y 1 LLC WOERNER AGRIBUSINESS LLC ABISCOM INC SOUTHEAST TEST COMPANY LINDA CAGGIANO JOSEPH LORINO Al ASSETS INC AMERICAN JANITORIAL INC COMCAST HOLDINGS CORPORATION CONCORDANCE HEALTHCARE SOLUTIONS LLC AMAZON CAPITAL SERVICES INC UNIQUE PHOTO INC GSE HOLDING INC AMCOL INTERNATIONAL CORPORATION AMOUNT 4,260.19 1.654.40 8,236.16 3,479.95 400.00 6,395.20 27.95 865.00 4,139.00 1,212.00 850.00 500.00 1,133.10 43.97 9.66 9,220.00 1,254.89 80.00 790.04 750.00 1,167.05 10,000.00 86.26 927.27 1,413.90 375.00 97.50 73.96 581.44 101.23 3,100.00 250.00 9,517.50 88.58 11,845.28 2,163.04 125.00 365.53 10,115.12 253.55 107.22 28.92 804.44 185.00 7,143.60 12,449.60 10.361.45 433.00 432.16 6,381.26 52.87 40.00 6,815.47 3,050.74 5,399.03 32.00 3,011.25 180.00 317,555.93 146,449.00 3 TRANS NBR DATE VENDOR AMOUNT 376399 12/28/2018 !SCO INDUSTRIES INC 28,888.48 376400 12/28/2018 ACCURATE DIVING BOARD SOLUTIONS LLC 3,675.00 376401 12/28/2018 PIRATE PEST CONTROL LLC 366.00 376402 12/28/2018 ALL RITE WATER PURIFICATION INC 46.54 376403 12/28/2018 COMMONWEALTH OF MASSACHUSETTS 154.00 376404 12/28/2018 THREE D HOLDING INC 9.76 376405 12/28/2018 AMERIGAS PROPANE LP 2,057.88 376406 12/28/2018 KANSAS PAYMENT CENTER 219.69 376407 12/28/2018 HOPPING GREEN & SAMS PA 8.372.70 376408 12/28/2018 SEAN MC FARLAND 160.00 376409 12/28/2018 CHARLES FELVUS 40.00 376410 12/28/2018 JOSAN CONSTRUCTION COMPANY LLC 3,020.00 376411 12/28/2018 MBGC LLC 328.00 376412 12/28/2018 ADVANCED OVERHEAD SYSTEMS INC 303.68 376413 12/28/2018 JOHN J DRISCOLL 100.00 376414 12/28/2018 AUSTIN REYNOLDS 40.00 376415 12/28/2018 BAKERS ELECTRONICS & COMMUNICATIONS INC 492.00 376416 12/28/2018 UNITED COMMERCIAL SUPPLY 1,943.32 376417 12/28/2018 PHILLIP AIKEY 16.38 376418 12/28/2018 HELEN JOHNSON 70.00 376419 12/28/2018 K & N FIRE PROTECTION LLC 105.17 376420 12/28/2018 BRYAN CAVE LEIGHTON PAISNER LLP 26,535.95 376421 12/28/2018 UTIL REFUNDS 38.91 376422 12/28/2018 UTIL REFUNDS 41.77 376423 12/28/2018 UTIL REFUNDS 72.16 376424 12/28/2018 UTIL REFUNDS 36.21 376425 12/28/2018 UTIL REFUNDS 58.85 376426 12/28/2018 UTIL REFUNDS 166.64 376427 12/28/2018 UTIL REFUNDS 95.32 376428 12/28/2018 UTIL REFUNDS 8.30 376429 12/28/2018 UTIL REFUNDS 81.82 376430 12/28/2018 UTIL REFUNDS 27.85 376431 12/28/2018 UTIL REFUNDS 37.11 376432 12/28/2018 UTIL .REFUNDS 81.82 376433 12/28/2018 UTIL REFUNDS 9.35 376434 12/28/2018 UTIL REFUNDS 72.16 376435 12/28/2018 UTIL REFUNDS 79.27 376436 12/28/2018 UTIL REFUNDS 185.44 376437 12/28/2018 UTIL REFUNDS 86.29 376438 12/28/2018 UTIL REFUNDS 46.52 376439 12/28/2018 UTIL REFUNDS 75.32 376440 12/28/2018 UTIL REFUNDS 37.11 376441 12/28/2018 UTIL REFUNDS 31.24 376442 12/28/2018 UTIL REFUNDS 72.96 376443 12/28/2018 UTIL REFUNDS 39.50 376444 12/28/2018 UTIL REFUNDS 83.21 376445 12/28/2018 UTIL REFUNDS 107.10 376446 12/28/2018 UTIL REFUNDS 75.32 376447 12/28/2018 UTIL REFUNDS 41.77 376448 12/28/2018 UTIL REFUNDS 41.50 376449 12/28/2018 UTIL REFUNDS 77.79 376450 12/28/2018 UTIL REFUNDS 110.93 376451 12/28/2018 UTIL REFUNDS 49.17 376452 12/28/2018 UTIL REFUNDS 63.97 376453 12/28/2018 UTJL.REFUNDS 90.36 376454 12/28/2018 UTIL REFUNDS 54.44 376455 12/28/2018 UTIL REFUNDS 107.51 376456 .12/28/2018 UTIL REFUNDS 85.98 376457 12/28/2018 UTIL REFUNDS 28.56 376458 12/28/2018 UTIL REFUNDS 321.27 4 TRANS NBR 376459 376460 376461 376462 376463 376464 376465 376466 376467 376468 376469 376470 376471 376472 376473 376474 376475 376476 376477 376478 376479 376480 376481 376482 376483 376484 376485 376486 376487 376488 376489 376490 376491 376492 376493 376494 376495 376496 376497 376498 376499 376500 376501 376502 376503 376504 376505 376506 376507 376508 376509 376510 376511 376512 376513 376514 376515 376516 376517 376518 DATE 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 01/02/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL 'REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL .REFUNDS UTIL REFUNDS ORANGE COUNTY HOUSING & C D VERO BEACH EDGEWOOD PLACE LP GRACES LANDING LTD LINDSEY GARDENS LTD WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL CHRISTINE SALTER HAGGERTY FAMILY LTD SUNQUEST INC THE PALMS AT VERO BEACH DAVID CONDON HILARY MCI VOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE VILLAS LTD ADINA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZY J LLC JESSE LEWIS SYLVIA MCNEILL SKOKIE HOLDINGS INC ROGER WINSLOW OSLO VALLEY PROPERTIES INC SAID S MOOI3ARK LINDSEY GARDENS I1 LTD ANTHONY ARROYO MIS HOLDINGS GROUP LLC DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER HOUSING AUTHORITY STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE AMOUNT 94.61 81.48 64.68 26.28 19.55 30.08 31.12 56.79 681.45 566.00 9,631.00 2,831.00 446.00 14,345.00 14,254.00 596.00 256.00 1,237.00 288.00 386.00 5,532.00 16,000.00 378.00 1,646.00 416.00 423.00 478.00 3,635.00 897.00 477.00 369.00 4,786.00 11,693.00 657.00 702.00 7,499.00 4,489.00 433.00 1,841.00 615.00 4,232.00 638.00 2,018.00 667.00 727.00 200.00 468.00 205.00 1,335.00 7,104.00 695.00 2,043.00 732.00 54.00 679.00 457.00 540.00 775.08 162.00 510.00 5 TRANS NBR DATE VENDOR AMOUNT 376519 01/02/2019 THEODORE BARTOSIEWICZ 497.00 376520 01/02/2019 FOUNDATION FOR AFFORDABLE RENTAL 21,188.00 376521 01/02/2019 RICHARD KUSSEROW 469.00 376522 01/02/2019 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY IT 509.00 376523 01/02/2019 SONRISE VILLAS II LLC 320.00 376524 01/02/2019 JOHN T STANLEY 782.00 376525 01/02/2019 WEDGEWOOD RENTALS LLC 1,593.00 376526 01/02/2019 ALMA LUCI ETT 825.00 376527 01/02/2019 MCLAUGHLIN PROPERTIES LLC 1,375.00 376528 01/02/2019 MYRIAM MELENDEZ 460.00 376529 01/02/2019 WATSON REALTY GROUP 3,437.00 376530 01/02/2019 JAMES R LYONS 407.00 376531 01/02/2019 SHEJI LLC 443.00 376532 01/03/2019 CLEMENT -1'S PEST CONTROL 150.00 376533 01/03/2019 LENGEMANN CORP 102.44 376534 01/03/2019 RANGER CONSTRUCTION IND INC 1,544.25 376535 01/03/2019 VERO CHEMICAL DISTRIBUTORS INC 130.80 376536 01/03/2019 AT&T WIRELESS 1,666.73 376537 01/03/2019 WILD LAND ENTERPRISES INC 11.22 376538 01/03/2019 EXPRESS REEL GRINDING INC 1,100.00 376539 01/03/2019 CHILDCARE RESOURCES OF IRC INC 31,493.05 376540 01/03/2019 ARMFIELD WAGNERAPPRAISALAND RESEARCH INC 3,100.00 376541 01/03/2019 DELL MARKETING LP 3,420.00 376542 01/03/2019 GOLF SPECIALTIES INC 1,500.00 376543 01/03/2019 COMMUNITY ASPHALT CORP 37,325.16 376544 01/03/2019 INDIAN RIVER COUNTY HEALTH DEPT 2,075.00 376545 01/03/2019 HENRY FISCHER & SONS INC 1,110.00 376546 01/03/2019 PUBLIX SUPERMARKETS 62.60 376547 01/03/2019 PUBLIX SUPERMARKETS 91.17 376548 01/03/2019 WILLIAM KEITH MCCULLY 251.79 376549 01/03/2019 FLORIDA WATER & POLLUTION CONTROL 130.00 376550 01/0312019 WASTE MANAGEMENT INC 194,334.90 376551 01/03/2019 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,240.70 376552 01/03/2019 STRUNK FUNERAL HOMES & CREMATORY 425.00 376553 01/03/2019 IRC HEALTHY START COALITION INC 2,500.00 376554 01/03/2019 IRC HEALTHY START COALITION INC 2,500.00 376555 01/03/2019 IRC HEALTHY START COALITION INC 2,500.00 376556 01/03/2019 IRC HEALTHY START COALITION INC 2,500.00 376557 01/03/2019 IRC HEALTHY START COALITION INC 833.33 376558 01/03/2019 UNITED HEALTH CARE INS COMPANY 164.42 376559 01/03/2019 GREY HOUSE PUBLISHING 816.45 376560 01/03/2019 VETERANS ADMINISTRATION 274.98 376561 01/03/2019 CIGNA 469.32 376562 01/03/2019 JOHN BROWN _& SONS INC 2,300.00 376563 01/03/2019 BLUE CROSS BLUE SHIELD 502.46 376564 01/03/2019 HUMANA 172.60 376565 01/03/2019 ARCADIS U S INC 11,430.00 376566 01/03/2019 RUSSELLPAYNE INC 864.25 376567 01/03/2019 MICHA.ELTHIELE 52.95 376568 01/03/2019 OCLC ONLINE COMPUTER LIBRARY CENTER 453.39 376569 01/03/2019 STAPLES CONTRACT & COMMERCIAL INC 132.97 376570 01/03/2019 CAROLE J MADIGAN 165.00 376571 01/03/2019 GLOBALSTAR USA 189.73 376572 Ol/03/2019 REDLANDS CHRISTIAN MIGRANT ASSOC 4,694.47 376573 01/03/2019 CHERYL SCRANTON 135.00 376574 01/03/2019 TREASURE COAST FOOD BANK INC 237.90 376575 01/03/2019 FLEETBOSS G P S INC. 5,031.60 376576 01/03/2019 FLORIDA MEDICAID 88.87 376577 01/03/2019 JANA NOMBRE-PARRIS 35.00 376578 01/03/2019 TREASURE COAST SWIMMING LLC 1,500.00 6 TRANS !IBR 376579 376580 376581 376582 376583 376584 376585 376586 376587 376588 376589 376590 376591 376592 376593 376594 376595 376596 376597 376598 376599 376600 376601 376602 376603 376604 376605 376606 376607 376608 376609 376610 376611 376612 376613 376614 376615 376616 Grand Total: DATE 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 VENDOR MEC OPERATING LIMITED PARTNERSHIP LOWES .HOME CENTERS INC CARDINAL HEALTH 110 INC TREASURE COAST TURF INC CARMEN .LEWIS DESIGNER CONCRETE COUNTERS LLC FOUNDATION FFOR AFFORDABLE RENTAL FLORIDA ASSOCIATION OF EMS INDIAN RIVER LACROSSE ASSOCIATION INC CATHEDRAL CORPORATION UNIFIRST CORPORATION SUNSHINE HEALTH PLAN MEDICAID SITEONE LANDSCAPE SUPPLY LLC GOTTA GO GREEN ENTERPISES INC PEOPLE READY INC BETH NOLAN ALLAN D KELLERMAN THOMAS R PILIERO RECYCLING ROCKS LLC DAVID WHEATLEY CHANGE HEALTHCARE LLC RAM ONA MURPHY AMAZON CAPITAL SERVICES 'INC AMAZON CAPITAL SERVICES INC VERONIQUE ORY STURIALE ISCO INDUSTRIES INC PIRATE PEST CONTROL LLC JORDAN POWER EQUIPMENT CORP CRAIG AUSTIN DUSTIN OWENS NINA FLINN VIRGINIA DURHAM NORMA SUMMERFORD GERALD LAMOTHE :TAMES DUMAS LUKE BUHLER ALL SUNCOAST ELECTRIC INC GARY GRIFFIN AMOUNT 500.00 403.72 433.23 2,691-50 190.00 4,530.00 400.00 300.00 14,824,70 33,000.00 782.95 445.06 2,497.28 499.25 11,772.64 80.00 22,000.00 20.00 800.00 45.14 28,692.22 22.00 292.50 18.37 60.00 47,798.72 9.00 49.79 35,00 39.60 452.80 129.17 35.00 35.00 491.63 35.00 50.00 101.94 2,318,415.50 7 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NSR DATE VENDOR AMOUNT 6445 12/28/2018 RX BENEFITS INC 233,678.65 6446 12/28/2018 IRC FIRE FIGHTERS ASSOC 9,909.64 6447 12/28/2018 TEAMSTERS LOCAL UNION 41769 5,286.00 6448 12/28/2018 RUSSELL'PAYNE INC 86,521.41 6449 12/28/2018 REGIONS BANK 95,408.52 6450 12/28/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 49,463.85 6451 12/28/2018 NATIONWIDE SOLUTIONS RETIREMENT INC 4,952.99 6452 12/28/2018 TOTAL ADMINISTRATIVE SERVICES CORP 11,929.03 6453 12/31/2018 FL SITU 5,864.00 6454 12/31/2018 ALLSTATE 205.18 6455 12/31/2018 IRS -PAYROLL TAXES 429,077.00 6456 12/31/2018 VEROTOWN LLC 69,444.82 6457 01/02/2019 ST LUCIE BATTERY & TIRE CO 1,000.00 6458 01/02/2019 CLERK OF CIRCUIT COURT 86,776.25 6459 01/02/2019 CLERK OF CIRCUIT COURT 10.48 6460 01/02/2019 INDIAN RIVER COUNTY PROPERTY APPRAISER 901,940.50 6461 01/02/2019 AMERICAN FAMILY LIFE ASSURANCE CO 19.237.72 6462 01/02/2019 INDIAN RIVER COUNTY SHERIFF 4,076,513.98 6463 01/02/2019 INDIAN RIVER COUNTY SUPERVISOR OF 92,596.64 6464 01/02/2019 :FIDELITY SECURITY LIFE INSURANCE COMPANY 3,508.70 6465 01/03/2019 FL RETIREMENT SYSTEM 677,375.47 P -CARD 01/03/2019 TD BANK, N.A. 8,217.53 Grand Total: 6,868,918.36 13 1 TRANS. MIR 1014328 1014329 1014330 1014331 1014332 1014333 1014334 1014335 1014336 1014337 1014338 1014339 1014340 1014341 1014342 1014343 1014344 1014345 1014346 1014347 1014348 1014349 1014350 1014351 1014352 I014353 1014354 1014355 1014356 1014357 1014358 1014359 1014360 1014361 1014362 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 12/28/2018 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 01/03/2019 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COM CAST PARKS RENTAL & SALES INC NORTH SOUTH SUPPLY :INC COLD AIR DISTRIBUTORS WAREHOUSE SUB AQUATICS INC INDIAN RIVER BATTERY DEMCO INC APPLE INDUSTRIAL SUPPLY CO GALLS LLC MEEKS PLUMBING INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC SOUTHERN COMPUTER WAREHOUSE INC FIRST HOSPITAL LABORATORIES INC CO:MO OIL COMPANY OF FLORIDA PRIDE ENTERPRISES GLOBAL GOLF SALES INC MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS GREEN .EQUIPMENT COMPANY CONSOLIDATED ELECTRICAL DISTRIBUTORS INC HYDRA SERVICE (S) INC ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC PACE ANYALYTICAL LLC GROVE WELDERS INC COMO OIL COMPANY OF FLORIDA CONSOLIDATED ELECTRICALDISTRII3UTORS INC ALLIED DIVERSIFIED OF VERO BEACH LLC 'EFE INC PACE ANYALYTICAL LLC AMOUNT 723.94 1,266.18 7,505.09 5.99 66.00 504.99 47.88 631.70 873.10 321.45 1,224.25 427.74 98.00 15,064.00 237.20 290.08 967.50 159.19 42.50 33,50 390.38 6.076,04 243.00 3,590.97 35,010.65 85.00 36.00 51.98 10.00 68.72 202.75 474.00 800.00 83.80 216.00 77,829.57 1 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 01-15-2019 Date: December 7, 2018 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Sandridge Golf Course ETS Credit Card Processing Agreement It is requested that the information herein presented be given formal consideration by the Board of County Commission at its regular meeting of January 15, 2019. DESCRIPTIONS AND CONDITIONS: Sandridge Golf Club currently operates a Point of Sale and Tee Time System through EZ Links, LLC, a PGA Tour affiliated company. The system is used to make all of the tee time reservations, keep track of inventory and ring in all cash and credit card transactions. Each year through the Point of Sale system, as well as an online store, the Golf Course processes approximately $2.7 million worth of credit card transactions through ETS, which is compatible with EZ Links. The current rate charged by ETS is 2.26% to process these transactions. The Golf Course has also operated a separate remote credit card machine at the driving range for the past six years on its Range Servant ball machine. Each year the credit card reader at the driving range processes over $75,000.00, and the rate charged by the current provider, USA Technologies, to process these transactions is 4%. The Golf Course has recently upgraded the door of the machine with a new touchscreen but cannot use the old credit card reader, as Range Servant requires ETS as the merchant provider for the new door. This item provides an opportunity to consolidate the credit card processing services at Sandridge Golf Club to one authorized provider all with the same 2.26% processing rate. ANALYSIS: The original agreement with ETS was signed by Jeffrey R. Smith, as the Clerk and Comptroller on September 9, 2014. The Comptroller's Office is in charge of implementing all of the banking services for the County, which had previously included credit card processing. Current policies dictate that the Board of County Commissioners must approve all credit card processing agreements. Fortunately, ETS is currently utilized at Sandridge for the Pro Shop transactions and also for the on-line store. This item adds a third outlet for the ball dispenser door. In addition to adding the 3rd outlet and cancelling the existing provider, this item consolidates the credit card services to one provider at a favorable rate. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380F7C6E\@BCL@380F7C6E.doc 15 FUNDING: Under the ETS agreement, there are no upfront costs, and transaction fees are funded from the golf course's credit card fees account 41823672-035680. By moving the processing from USA Technologies over to ETS, there will be an additional savings of approximately $1,305.00 for the driving range as the processing fee by USA Technologies was a net 4% per transaction. RECOMMENDATION: Staff respectfully requests the Board of County Commissioners approve the consolidated ETS Merchant Agreement and the Addendum to ETS Merchant Application and Agreement, and authorize Chairman to sign and return the package to Sandridge Golf Professional, Bela Nagy. Bela Nagy will transmit the partially executed documents to ETS Corporation for final signatures. Upon receipt of the fully executed original documents, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENT(s): Original ETS Agreement signed by Jeffrey R. Smith ETS Merchant Application ETS Merchant Application Addendum APPROVED AGENDA ITEM FOR JANUARY 15, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380F7C6E\@BCL@380F7C6E.doc 16 Court g AFFr 1 Merrick Bank Merchant Application and Agreement Merchant #: 394750528301 MCC: 7992 MERCHANT NAME (DBA or Trade Nome) SANDRIDGE GOLF CLUB CORPORATE/LEGAI. NAME (i(DifTeraa) INDIAN RIVER COUNTY LOCATION ADDRESS 5300 73RD ST CORPORATE ADDRESS (if Different) 1801 27TH ST BLDG A CITY — VERO BEACH Mee FL Zp 32967 CITY VERO BEACH Stam FL 'tip 32960 Location Phone (772) 770-5003 Location Fa. (772) 770-5109 Corporate Phone (772) 226-1219 Corporate Fax (772) 770-5331 CONTACT NAME BELA NAGY CONIAC'I'EMAIL AUUIUSS BNAGY@IRCGOV.COM CONTACT PHONE (772) 770-5003 FEDERAL TAX IDI 59-6000674 DOES THIS LOCATIONCURRENT).Y TAKE PAYMENT CARDS? ❑Na ®Ye (d yes please provide) HAS MERCHANT OROWNERS/PRINCIPAIS EVER BERN TERMINATED FROM ACCEPTING PAYMENT CARDS FROM ANY PAYMENT NETWORK FOR THIS BUSINESS OR ANY OTHER BUSINESSES/ ElNo 0 Yes (if yes pleaseexplain) PRINCIPLES ZNei f r e y Middle teat( R. n "uSmith SCN %OunersipTrClerk of Circuit HonieAddma: City. Slat. 7tp' Dmeyf Birth „o„,,p,,q„e 7722261500 DLO Stam Emaandarm. smith@clerk.indian-river ..o- Principle 02 Name First - Middle Init Last - '00B: %Ossnn ip. Tile Home Address: City: - State: Zip. bate of Binh. Home Phone - - 03.0(510 Email Address: TYPE OF BUSINESS NATURE. OF BUSINESS 0Indnviduvp5oie Proprietorship 0 Pa rtnership❑ Corporation 0 TLC State ®Retail 0 ReadwTp ❑ MeiVl'honc Order 0 Intim.❑ Rmtmmmt ❑ Fast Food ❑l aging ❑QSR ❑Com.. e 0 Public Sector 0 Petroleum 0 Utility 0 Calla- ❑Nan Pun Mug Provide 503-C) 0 Private❑ Publicly Traded ❑ Ga anmat 1:IBoardR Lagtli oftsmeMbnivm 79 Yeas 0 Manors Seasonal Sale. ❑Yes IDNo If so, please indicate high volume months J ❑ F MO A❑ MO 3❑ J❑ A❑ S 00 NO DO Product a Service bang offal. Method nrAasepta000 (Totals to equal 1011%) 'M'el1°na processing lea tl.-rox swipe transactions must complete the MO/TO creat Cords Swiped 90 % MO/r° 5 % Question. Tara) AmnmI VMC Wiume: $ 2.200.000.00 Monthly Payment Cmd Volume s 183333.00 Ave Ticket S 49.00 High i0+ 1 1500.00 Key Entered 5 % Internet 0 % (URL' ) Machete's URl.(s): Macho. Name to appear on Meanest: ® DBA Nmne 0 Lege Name Odic. DOES MERCIIANT USF. AN INDEPENDENT SERVICER THATSTORES MAINTAINS ORTRANSMITS CARDHOLDER INFORMATION: 0 N ® Y.(ifyrs, please Provide') NAME: EMONEY VERSION NUMBER: 4.7 IX)ES MERCHANT USE Api(LFILLMEINT HOUSE TO FULFILL PRODUCT. ID No 0 Ya (fy., NAME PHONE NUMBER: please provide') WAS MERCHANT OR OWNERS/PRINCIPALS EVER FILED BUSINESS BANKRUPTCY and/or PERSONAL BANKRUPTCY _ 0 N. ❑ Y. (dyes, please provide) Eipicsauo¢ BANK ACCOUNT LNFORMATION: ❑Checking Account ❑SavingsMeavat Bank Name Attach voided check for the operating account where 05500505 to be deposited Transit (ABA Rautmg). Accmmt/ (DOA)' Contact Phone Y. • By (minding du oho.a refaa ced ter (inti, you are amhm;nng Bank to innlam 0CH debit and credit amuaaaii+to said account SCHEDULE A: VISAIMASTF-RCARD/DISCOVER® DISCOUNT RATES & FEES: CARD FEES: OTHER FEES: You have the option of accepting MasterCard credit cards, Visa credit cards, credit cards issued by Discover. MasterCard signatuiedebit cards (MasterMoney Cards) or Visa signature debit cards (Check Cards), or debit cards issued by Discover. You may elect to accept any or all of these card types for payment If you do not specifically indicate otherwise, your application will be processed to accept ALL MasterCard, Discover, and Visa card types. Elected Visa, Discover, or MC card types YQ[ to accept. INTERCHANGE. (COST) PLUS: Appliation Fa 50.00 FCPN1 Fee 80.00 • CREDIT: Y. Markup P/1 Markup Meanly Minimum Fee 825.00 Chnmebnok Fa 815.00 Vim BPS 0.15 % 80.09F.quirmwnt RaaaPmmmux Ea 80.00 Annual PCI Fa 8150.00 MC BPS 0.15 % 80.09 PMotaro Setup Fa 80.00 Mote. PCI Fre 80.00 Discover BPs 0.50 % 80.09 Swtenat Fee 87.50 EMon s soup Fa 80.00 DEBIT: %Markup MMarkup ACI Toe 80.00 TAR AvtA Pee °mine Debit 0.30 % 80.09 FMonev 1 tort Fe 80.00 AMEX 80,19 Online Debit0.10 % 80.09 Won. Monthly Fee 80.00 Di 80.19 If you currently accept American Express please w re your existing account number on the line provided : if you do not currently and would like to. please cheek the box to apply. American Express (10 digits): accept American Express ❑ Apply Site Inspection: Marla ® Owns 0 Rents Landlord: Based upon your review, doer Merchant hint the appropriate facilities, equipment inventory, psnsoanel or permn opera and license 't to m their bu.+inexit ❑ No 0 Ya Comments . Building Type 0 Shopping Cnt. 0 OQ¢e Building 0 Industrial Building ElResidence Arm Zonal; 0 Commercial 0 Industrial 0 Residential Square Footage, ❑ 0.500 0 501 - 2530 0 2501 •50(0) 0500i - I Oomh • By signing below. inspector is 0Axtil tap he/she has visited the location and informmon pros+ded is team & cots( Inspector Name SEAN LYNCH Inspector rima Sigmnue Court g MO/FO QUESTIONNAIRE: COMPLETE THIS SECTION IF PROCESSING LESS THAN 70% CARD PRESENT: What percentage of soles are to: Bnsinnva Consumer % Individual Cannata Method ofMwkamg: 0 Nem-papa/mngonne 0 Television/Radio ❑ Internet O Direct Moil Brochure and/or Catalog 0 Outbound Telemarketing Salo ❑Other. Percentage of products sold via' Telephone Orders % Mail Fay Orders %' interna Orders % Other: asszarazzsz- Who ;enema the orda1 0 Merchant 0 Pediment Cater 0 Other Who coal credit card 01f0 tan into the omen* system? 0 Merchant 0 Futilimao Cater 0 Constancy 0ONer Ifcre ht card payment information taken ova me alarm, is payment charnel encrypted by 501. or beta? 0 No 0 yen If Merchant is m ecommace Merchant, is a Merchant Certificate utilirtd^ 0 No 0 yen dyes please provide the Moon . Maclwn Certificate Number Caufwtelsswa F_vp. Date. _ 5.01000000 ❑ledividual 121Shared Do you own the pdua/Invanor Doo ❑Ya Is so product stored m your business Minion? 0 N Dyer If ne, wee is it mot' After charge authorization row long roil product shred days Who ships the product Product Mogul by: Damao 0 Other Deliwav receipt requested? 0 Yes D No IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the govermnent fight the funding of lomoi and money laundering activitis, Federal law requires all financial institutions m obtain, verify, and record information that identities each person who opens an account What this means for you! When When you opon account, we will ask for your name, address, date of birth, and other information duo will allow u a Mandy you We will also ask fora copy of your driver's liceme or other identifying dnalments MERCHANT APPLICATION AND AGREEMENT ACCEPTANCE (Capitalbad terms not defined in this Acceptance section have the meanings set forth in the Terms and Conditions section) 'By omitting this Merchant Application on behalf of the merchant described above ('Merchant'), the undersigned individual(s) rcpresau(s), wortnnt(s), and iakmsy,lodges(s) ohm: (i) An information contained in this Merchant Application CAppieatirm') is true, coney and complete as of the dote of this Application; (ii) it the Merchant is a arpora1.00, limited liability company, or partnership, the iodic duol(s) eseeutrng this Application have the requisite legal power and authority to complete and submit this Application on behalf of the Merchant ad to make and provide the acknowledgements, authorisations and agreements set forth harem on behalf of the Meroham and indnidually; (111) The information contained in this Application is provided for the menthe of obtaining, or mainmining, a membant atcount for the Merchant with the Sponsor Bank (:BANK') and BANK will rely on the information provided herein in its approval process and in setting the applicable Discount Rate, Approval Average Ticket, mil Approved Monthly Bonkcord Volume. (iv) BANK is authoiiaid to mveodgate, eider through its own agents or through alit Macao/agencies, the credit of the Merchant and each person listed on !this Application; (v) BANK will detamite all rates, fon and charges and notify Merchant of the approval tea and by Merchant's submission and acceptance of Merchmt's firm settled transaction Merchant agrees to pay such approved fen; (en) The Mecham Agtemoott will tan take draa until Merchant hes boa 4Plvtwal by BANK and a madam number has been laved to merchant; and (vii) The undersigned has received, read, understood, the Merchant Agreement, which is Incorporated herein by reference thereto, and agrees on behalf of Ure n mhant to be bound by the terns of such Merchant Agreement. The merchant on whose behalf this Application is being sfimittd acknowledges that if thts Application is being submitted to Merrick Bank es the Sponsor Bank. ETS CORPORATION will may also be o panty to this Machan Agnomen.. In such case, Merchant ocknow ledges that ETS CORPORATION will rely on the representations and warmth. -set forth in this Applicotioo for Merchant Agreement and unless otherwise -r or prohihnd by Association or applicable law, ETS CORPORATION will have all the tights of 13AN'K nada this Appltceuon and Agreement MERCHANT: R1/ 811 Principal 6p X Pant None: Date, Principal 02. X Print Name: Date: BANK: Nome and Title Date: ETS CORPORATION: Dote: None tail oak. HADI AKKAD - VP CONTIN r - RSONAL GUARANTY PROVISION — PERSONAL GUARANTOR (Capitalised terms not defined ill this Guaranty section have the meanings set forth below in the Terms and Conditions section) 13y signing below, - disidual or entity CGummtor) Jointly and .severally (if there is more than one Gukmntes) and unemditmnaily guarantees to ETS CORPORATION and BANK the prompt • . t and full and complete performance of all o• ns of the Merchant identified above under the Merchant Agrama, as amended from time to time, including, Menai'limitation, all promises and co -• - of the Merchant, and all aromas payable by the Merchant under ImamAgreement, including, without limitation, chirps, interest, cuts and other expenses. such as annrneyb fns and court cost, 11. among other things, that EIS CORPORATION or BANK cin demand performanth sment f any Guarantor if the Merchant fails to perform my obligation or pay what the Merchant owes Agreement. Each Gunanmr agrees dem his or ha liability under oho guaranty will trot be limited or canes 0010, (1) the Merchant Agreement canna 4 enforced against the MMchant for any re .stay, without limitation, bankmptey proceedings; (2) oma ETS CORPORATION or BANK agces to changes or modifications in . achmt Agreement, with or without notice to Guarantor, (31 ETS CO' • a •.. )N or BANK releases any other Guarantor or the Merohent from any obligation under the Merchant AgnomenL (4) any law, regulation, or ode v public authority offerer the rights of either ET' ."a RATION, Merchant, or BANK under the Metcham Aga -menu and/or (5) anything else happens that may alka the rights of either ETS CORPORATION or BAN '.sI the Machin ms other f - ., or. Each Guarantor further agrees that. (a) ETS CORPORATION and RANK each may dela' enforcing my of its rights under this guaranty without losing iamb rights and baehbasin!w •:liable Slat uiWatkins; (b) ETS CORPORATION and BANK - each cm demand pa•mau from such Guarantor without first seeking payment from the Mrchnnt or any other Guarantor or from any security held by the Bo .. . (c) .such Guarantor will pay all court costs, ettotney's fees, and oonaoon costs incurred by either ETS CORPORATION or the BANK in minnection with 'the enforcement of the Merchmt Agrcnmcnt or , nrmty, whetter • there is a law mit, and such additional fees and costs as may be' 4000104 by a court. If due Merchant is a corporation or bmirod liability company, this Guaranty MIA be esecutd by 0 principal or ' ni M o ham. • Principal 01 Principal 02: Print Name X Date Print Name: X Date, 18 BANK DISCLOSURE Member Bank Information: Merrick Bank, 135 Crossways Park Dr North, Suite A100 Woodbury NY 11797 • Phone (800) 267-2256 Important Rank Responsibitil CC I. Marrck Rank is the only entity approved to extend acceptance of Visa products directly to o Maebam. 2. Merrick Rank is responsible for educating Merchants on pertinent Visa operating regulations stith whichMachonts must comply 5 Memel dud:, not ETS CORPORATION must hold, ndmuiaa and control all reserve funds derived from settlement Merchant Information: Refer to Merchant Application Important Merchant Responsibilities: 4. Maack Bank, not ITS CORPORATION, moa hold, tulminina and control settlement funds for the Merchant. 5. Memck thunk must be a remcipal (signer) to the Merchant Agreement I. Complying with cardholder data.secunty ared storage requirements i 5. Reviewing and understanding the Merchant Agreement. 2 Maintaining fraud and chowiehu:ks below' ceabl'and thredmlds. 4 Complying with Visa's operating regdanom. The responsibilities hsied above do not st . e tains of rho Merchant Apreanent and are pmntlai to ensure the Merchant understands some nnponant obligations of ash party and that the Visa Member - Maack Rank -is the ultimate authority should the Machan have any problems. Principal 41' Prim Name: Principal 12. X Print Name: Daly 19 20 E (+ Merrick Bank Merchant Application and Agreement Anent #: Merchant #• 394750528301 MCC: 7992 MERCHANT NAME. (DIM orlmrk Name) SANDRIDGE GOLF CLUB CORPORATE/LEO/AL NAME (if Different) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS LOCATION ADDRESS 5300 73RD ST CORPORATE ADDRESS (if INiferentl 1801 27TH ST BLDG A CRY VERO BEACH Sae FL Zip 32967 CITY VERO BEACH SWIG FL Zip 32960 fixation Phone (772) 770-5003 Location Fax (772)770-5109 Caprate Phone (772) 226-1219 Corporate Fos (772)770-5331 CONTACT NAME BELA NAGY COYfACfi•:YCULADDRESS BNAGY@IRCGOV.COM IRCGOV.COM CONTACT PHONE. (772) 770-5003 Fl7)IIRALTAX ID* 59-6000674 DOES THIS LocAncN CURRENTLY TAKE PAYMIINT CARDS? ❑No ® Yes brines please provide) IIAS MIRCHANT OR OUNIR.Sa7UNCIP.\I.S EVER BEEN 1ERMINATL•1) FROMACCERING PAYMENT CARDS FROM ANY PAYMENT NET\'ORK FOR TIUS BUSINESS OR ANY O771ER BUSIMSSES' KIN° 0 Yes (if ms pl©seesptrinl TYPE OF BUSINESS MATURE OF BUSINESS ❑ndividual/Sok Proprietorship 0 Patine, dip 0 Corporation 0 LLC sate: ® Retail a Rdail wlfip ❑hiriUPhme Order 0 Same 0 Rm.)m1m 0 Fon Food ❑144atS ❑QM( D"' e 0 Public Seam ❑ Parole= ❑ Unlit. ❑ Other ❑NonRonit(KW Provide )50)-C) 0 hit. ❑Publicly Trades/ ® Oo mmen ❑BpmJ Rut/Operated Length pftimein Muiueee: 79 Yem1 0 Monde, SA.'❑Yes ❑No If so, picric indicate highh)(plume months J ❑ F❑ M❑ AD MO 1❑ J❑ A❑ S❑ o❑ No D❑ Ptd rorsanieebeingoffered: ma hod of Acceptance: (TenbaeynlI0O%) •htaeluntspoeccwmg acoaaTtn:an;pe nransnaions mud unapt&t eh1O/tO crdit Ecru swipod: 90 Marro 5 % Qtr:+mnoetm.r) AmtudVMC Volume: S 2,717,062.00 !Monthly Pnm..ncardvoltate:s 226421.00 AmeriennEeprasVolume: s 226421.00 _ Key Entered: 5 .. bW0t: 0 % (URL. 1 Ave. Tukees 43.00 uighMad: s 2600.00 htcrchnd's URLs : () Machan Name loappa on Sideman: ❑ UBAName ❑ I.e • 1 Name 1.a OrLr DOESMERCIIANf I'SE AN INDIPFNDIMSI:RVICER THAT STORES MAINTAINS OR TRANSMITS CARDHOLDER INFORMATION: ❑No ® ¥n(if yes. pleo.e provide:) NAME. EMONEY VERSIONNUMBIS: 4.7 DOES MERCHANT I *SE AEULFILLMENT 11M*SF. TO FI R.FILLPROD; !CT: (ElNo Yes (if ) NAME: PHONE NUMBER: ya please pm)('ide: IIA$ MERCHANTOlt OWNFItSSWUNCIPALS'writ FILED PIUSINF.S$BANKRI A and%or PERSONAL BANKRUPTCY ®No Yes (if yes, please poeide ) Fap*rrnion 0 BANK ACCOUNT INFORMATION: ®CA Rig Aosnud ❑U,ingsAcp°' BaohName. TD BANK Misch voided check for the operating account where fonds are to be deposited Tramp Y (ABA Rona )1. Account Y (DPA( Comet Phone Y: • By pmnidird the above referenced Reformation. you are luaarning Bank m;mhiak ACH debit and credit tnnwlimesto rid account SCHEDULE A: VISA/111ASTERCARDIDISCOVERB/AMERICAN EXPRESS DISCOUNT RATES & FEES: CARD FEES: OTHER FEES: You have the option of accepting MasterCard credit cards, Vasa credit cards, American Express credit cards, credit cards issued by Discover, MasterCard signnntrc debit cards (MasterMoney Cards) or Visa signature debit cards (Check Cards). or debit cards issued by Discover. You may elect to accept any or all of these card types for payment If you do not specifically indicate otherwise, your application will be processed to accept ALL MasterCard. American Express. Discover, and Visa card types. Elected Visa. Discover, American Expres or MasterCard card types )VDS to accept: INTERCHANGE (COST) PLUS: Appheadow Fee $0.00 ECP Net Fee 50.00 CREDIT: N-hbrtop PA Markup Mornhk Mimmun Fee S0.00 (as,,..,gork Foe 515.00 VS BPS 0.15 es S0.09 Equipment Rrnmxrammhm pee 50.00 Amnat pm F'« S 150.00 MC BPS 0.15 n S0.09 Money Sentp Fee 50.00 htmdh. act Fee 50.00 DISC BPs 0.50 is S0.09 Stammer pow S7.50 AMEX BPs 0.25 w 50.09 All IFre 50.00 DEBIT/ PIN: % Mark'up NI Startup ,..„ , (Ire Foe 52.00 Omine/ Online Debet 0.30 +; 50.09 Morley Monthh pee S0.00 She Inspection: htaeMra: El 0,,, ❑ Rata Landlord:Based upon your mien', does Merchant am Weave the appropriate facilities. equipment. imwntoiy. personnel and license or permit to operate their business? 0 N In Ye' Conned, - BuiIdu,g Tyle: 0 Shopping Cdr. 0 Office Buikling 0 hdumidnuildirpi 0 Residence Ana ?,rad: a Coawecial 0 Industrial 0 RCIAdartill Square Footage: ❑ os(r) NI 301 -tiO)) ❑ :$al - Horn ® SON -USW. • BY sinning. below. insoowtor is cenif'ine tic/she has visited this location and information provided is (ng. & consent Inspector Nano: SEAN LYNCH Tamen. Dote: Signature: 20 MOTTO QUESTIONNAIRE: COMPLETE THIS SECTION IF PROCESSING LESS THAN 70% CARD PRESENT: Waal pence tage o(min are to: Ranincsscs Con'Imter Ii Individual Connotes •' Method of M tkelin;i 0 Neespapnhmgarae 0 Telesinonrttrho 0 In.•net 0 Rood /Aril. Brochure mWor Catalog 0 Outbound T.•lemarketing Sales 0 Oobo Percentage ofpnnhets sold via: Telephone Orders % Mail Fmc Orden .s haero4 tildes,' .. Other a• Who processes the untie 0 Memlunt 0 Fmiihmaa Camas ❑Other Who erne,' coin cud hfamatnn into the processing t'aeanT 0Metehun 0 F.dillmem Center 0 Consumer 0Other If credit cord payment hamm tion taken met the ?menet is payment cim el encrypted by SSI. to baler? Na ❑ Yea I(Merchant is anc<ommena hlereham. is a hlouham Certificate miliacd7 0 N fJ Yea fyes please provide the following: Merchant L'eld nNOahrCertifi ate boon Esp. Date: la coosifmmte ❑Irdnilethal 0SharN Do you man the product/Inventory? ONo 0Ym lath product stored at. oo busier.. location? 0 N El y,,,, If n.. where It it gore? Aller charge mMmmtioo. boa long until pewl°et shier! days Wbo ships the produce Prod,.. 40irPrd by: DMaeh'° 00th Dcliven receipt requwad7 pY ❑N° IMPORTANT INFORh1ATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight Ihe funding of tertian= and money lanndaing anehies. Federal bw requires all fuotsaal institutions to obtain, verify. and record infomodoo that identifies each Arson ole oparts an account. What Ibis mem for ) on: When you open an account. we niil ask for your rmam address. date of bink and other iofomtation that will allow us to idemifi you lite will also sok for a copy of )oar driscr's license or other identifying documents MERCHANT APPLICATION AND AGREEMENT ACCEPTANCE (Capitafrad terms not defined Ira this Acceptance section have the meanings set forth in the Terms and Conditions section) 'By esamtmg this Merchant Application on behalf of the merclum described abuse 1'htertum7. the undersigned idiiidual(s) aepmsem(s). tsamm(s). and acknowledges(s) that (B All information cotnaincd in this Merchant Application ('Application') is me, contact and complete as of the date of this Application (ii) If the Merchant is a cotpontion limited liability company. or pmmership. the indkidul(s) matting this Application have the nquisi1e legal power and authority m complete and submit this Application on behalf of the Merclunl and to make and monde the acknowledgements. authorisations and agreements set forth herein on belul( of the hlorchan and individually: (1111 The hdomodon contained in till Application is laosided for the purpose of obtaining. or maintaining. a mordant account for the Merchant with the Sponsor Bank ('BANK') and BANE will ret on the infono•tion ptovided herein in its approval prnccss and in sealing Ihe oppikable Discount Rate. Approved Average Ticket. and Approved Monthly BaNkao Mahone; (iv) BANK is authorised to imertiywc, tither duough its ossa agents or through credit burns/agencies, the credit of the Merchant and eneb person listed on this Appliolintz (v) BAi.I will detemine ell rates. fees and charges and notify Men -hunt of the approved fees and by Maelam's submission and acceptance of Me:t ares ftta untied transaction Merchant agrees to pay step apprmN foci: (ei) The Merelom Ag oancm will not take effect mot Merchant has been approved by BAN): and a merchant number has been issued to anem iaau; and lois) The undersigned has necked. read. understood. the Madman Agreement. which is incorporated herein by reference thereto. and agrees on behalf of IM rmrcham 10 be bound by the terms of such Merchant Agtoeaent Tie mead= on whose behalf this Application is being subdued ack000kdges 1100 if This Applicalion is being submitted to Merrick Bans as the Sponsor Bank, ETS CORPORATION will ma) also be a party m this Merchant Agreement 10 such case. Merchant acknowledges that ETS CORPORATION will ret on the representations and warranties set fonts in this Application for Merchant Agreement and unless otherwise specified or pmbbited by Association or applicable law, ETS CORPORATION will lax ali to rights of BANK Inde this Application and Apemen! ❑By checking his box. Merchant ops out of needing future commercial marketing communications from American Express NIERCHANT: Panelist #1: X PrinName:_ BOB SOLARI_Dd1C;- Principal #2: X Prim Name: Date: D BANK: By: Dae: Name and Tale: EU CORPORATION: Br: Date: Nmnc and Tilk: HADIAKKAD-VP CONTI ERSONAL GUARANTY PROVISION- PERSONAL GUARANTOR (Capitalised terms not defined in this Guaranty section hale the meaning sit fonh below in the Terms and Conditions section) By signing benne, individual or canny ("Guarantor') joiml and sweetly (if them is nen than ore Guarantor) and naondinonally guarantees to ETS CORPORATION and BANK the pro mem and full and complete performance of all dons of the Merchant ideanified abate under the Merchant Agreemen4 as omen)d horn time to time. iseluding. without limitation. all promises ander - of the Mon)onl and all amounts may bk by IN Marham rade Merchwt Agreement. including. widnm Iindtarion charges. intecil cons and other wows. such as anorop's km and coon nw•ans, among other things that ETS CORPORATION or BANK an demand performaoca •. nam from any Guoaaor if the Merchant fails to perform any oblietion or pay what the Merchan ones qac AgemmnenL Each Guarantor agrees that his or Ice liability under this guaranty nil) rot be limited or an . because: (1) the Merchant Agreement cannot be enforced against the Merchant for any - Wing. without limitation banlmpio proem:dings; 12) either ETS CORPORATION or BANK agrees to changes or modifications to Madman Agreement, with or as idiom notice to Guarantor. (1) ETS Cs::z-•r ION or BANK releasci any other Guarantor or the Merchant from any obligation under the Mereham Agreement: (4) any Law. rcgu)aio4 or o•'o any public authority affects the rights of either 0s.- a •ORATION. Merchant or BANK under the Merchant Agreement: and/or (5) anything rix happens that may olfea the tights of either 5(5 CORPORATION or B ..Mime the Mercian or any other' nor. Each Guarantor (unbar agrees that: (al ETS CORPORATION and BANK each 10y delay enforcing am' of its rights under this guaranty without losing such rights and herb) naives SLimitations; PM errs CORPORATION and BANK each con demand payment form such Guarantor without fog reeling payrnad from to hlerelont or ant other Guammar or from any 'amity held by the (e) such Guarantor will pay all noun costs. anamq's fees and collection cods ittcomM by either ETS CORPORATION or the BANK in amncliou with the enforcement of the Mocl ao Agramcm or .:.uaramy. whether Ilene is a lawsuit, and sutcb additional fees and costs as may be directed by a court. If the Merchant is a corporation or limited liability company. dais Gramm• tales be executed by a principale of Merclmd. Principal #1: Print Notre: X BOB SOLARI Dae: Principal 1/2: Print Nance: X Dale: 21 BANK DISCLOSURE Member Bank Information: Merrick Bank, 135 Crossways Park Dr North, Suite A 100 Woodbury, NY 11797 • Phone (800) 267-2256 Important Bank Responsibilities: 1. Memel Bank is the only entity improved to extend acceptance of Visa products directly ton Kyr-tank' 2. Minsk Bak is respurssibb for educating Merchants on pertinent V operating regulation. with ultichbln thmss must comply. 3. Memel Bank nal ETS CORPORATION mus hold, administer and control all reserve funds derived from aNemenn. Merchant Information: Refer to Merchant Application Important Merchant Responsibilities: a. Manick Bok, not EIS CORPORATION, mus hotel, administer and control settlement funds for the Mcrohma. $. Merck Bank must be a principal (signer) to the March= Agreement 1. Complying with eardbolderdata security and stage requirements 3. Reviewing and understanding the Mnchaer Amerman. 2. Maintaining Gaud and chargebcts below established thresholds. 4. Complying with Vin's operating regulations. The responsibilities lined above do not supersede tams of the Merchant Agreement and are provided to ensure the Merchant understands some important obligations of cad, party and that the Val Member -Mania Bank- is the ultimate ammrity should the Merthant lane m y problems errmarj 2 -al. 7C BOB SOLARI PrimePrinct Date. Principal g2. JC cent Name: 22 PRINCIPALSD NEFICIALOWNERS: Prineipataknefanl chum el Name: Fina: BOB ntiwklniu Lac SOLARI MSN: s:O++mhip: rite: CHAIRMAN Ilwme Address: City: State: Zip: 1Lte elitists: Deme Phone. - - DLa / Sur. Equi Mdse.: - - - - PrineipFllecficiit Outlet a2 Now: Fin: _ Middle tit: Lar: SS•d: %Onurship: 7k: Norm Address. State: - Zip: Date of Birth:• Dome: - DIA / Stale: . Email Address Donn la PtiteiNMcui&ial (hate ad Nmtr. _ - - Fin: hfddle hit: Lan: - SSN: %Onnersldp: rale: - - lime M ims _ _ City: - Slate: lap: _ - _ late of Bette lime Phone: - DIA/State: - Email Mitres,- RinequYRrnefieial Onvter de Name: Fast: - - Middle hit lest SRN: %On n1flp: Title: lime Address: - - _ City: - _ State•. - - Zip: Mar of Binh now Roc: - - DU / Sale: _ - Flail Mire,' Centro0hag Mdtionnktefavi OnmName: Coonofutg itaeteal:: I 0 Yes f 0 No First BOB Middle Ink: tan: SOLARI Stu: - - xaaerahip: Tide: CHAIRMAN lime Address _ _ City: _ State Zip: Date of Birth: Nome Phone: DIA1 State. - - - Email Address: CERTIFICATION OF BENEFICIAL ORT ER(S) To help it government fight financial clime. Federal regulation sequin= certain financial instimions to obtain, verify: and Mond information about the beneficial coons of legal entity customers. Lepel entities can be abused to disguise involvement in terrorist fimrcing. morcy lsmdcring, tan evasion. comnptiot, fraud, and other frtmr6l crimes. Requiring the disclosure of toy individuals who own or control a legal entity Ite_ the beneficial owners) helps bon enforcement inrrinte and pnoneeme these crimes. By signing below. 1 attest that I hilt accurately provided the non:. address. date ofbinil and Social Smutty Ntmd,co ISSN) for the following'Wisidoals (i.e. the benefdal owners): ti) Each individual. if any. who owns directly or indirectly. 25 percent or more of do equity interests of the legal malty customer le g.. each renal person dui owns 25 potent or more o(tic shares ofacogoalion): pal (ill An indis idmd nth significant responsibility for managing Be legal entity anomer (e.g. n Chief Ems -nine ORav, Chief Finmrial ORrser. Chief Operating Offoer. htamgirre Member. General Panne President. V. President. or Trauma The number of indniduals that satisfy this definition of 'beneficial owner 009 vary. Under section (l, depending on 11c factual cirtommences. up to four individuals Mut as fen as rem) may need to be identified. Regardless of the muobcr of indh-idoMs identified under seedon (it you muss proide the idemifyitm information of arc individual miler section (11). It Is possible that in sone ei.cumstanets the same indisidsd nnigbi be ldendied under both unions (e.g.. the President of Acme. Inc. nit also holds a 50^: equity itaensl). Tan; a completed form will contain Ibe identifying infomntion of m hast one individual (under section Id)), and up to five ind'niduals Re. OTC iMnidal under section (iii and fou 25 paean equity holders under section (i)1. 1, the nodaos gnri _ ) ,edify that all of the information furnished above with retard to Information for p}j ladhidoal, B any. who directly or indirectly. thnoints on contract. arri00rmenl, understanding. relationship or otherwise, owns 2S percent or more of the equity interests of the legal entity listed above k complete nod accurate. .ignalu re: Dale: - - - - --- -- 23 TERMS AND CONDITIONS Subject to the requirements of applicable Card Association rules. ETS CORPORATION and Bank may allocate their respective duties and obligations behveen themselves as they deem appropriate at their sole discretion, and ETS CORPORATION or Bank may jointly or individually assert or exercise the rights or remedies provided to the Bank hereunder. In consideration of the mutual covenants herein. Bank. ETS CORPORATION and Merchant have agreed as follow ARTICLE I - DEFINITIONS 1.01 "Account' means a commercial checking account or demand deposit maintained by Merchant as set forth in Section 5.16 for the crediting of collected funds and the debiting of fees and charges under this Agreement. 1.02 'ACH" means the Automated Clearing House paperless entry system controlled by the Federal Reserve Board . 1.03 "Agreement" means these terns and conditions and any supplementary documents indicated herein. and valid schedules and amendments to the foregoing. 1.04 'American Express' means the Cards bearing the Marks of. and Card Network operated by, American Express Travel Related Services Company. Inc. or its affiliates. 1.05 'Authorization" means a computerized function or direct phone call to a designated number to examine individual Transactions to obtain approval from the Card Issuer to charge the Card for the amount of the sale, 1.06 "Bank" has the meaning set forth on the Merchant Application. 1.07 "Card" means (i) a valid credit card in the form issued under license from Visa U.S.A., Inc. Visa International, Inc. or MasterCard International, Inc. ("Bank Card') or Discovers; or (ii) any other valid credit card accepted by Merchant by agreement with Bank and ETS CORPORATION. 1.08 "Card Association" means Visa U.S.A. Inc.. Visa International, Inc., MasterCard International, Inc. or Discover or any other Card Issuers that provide Cards that are accepted by Merchant by agreement with Bank and ETS CORPORATION. 1.09 "Card Issuer" means the financial institution or company which has provided a Card to a Cardholder. 1.10 'Card Not Present (CNP)' means that an Imprint of the Card is not obtained at the point-of-sale 1.11 "Cardholder" (sometimes referred to as "Card Member in certain Card Network materials) means the person whose name is embossed upon the face of the Card. 1.12 'Cardholder Information' means any non-public, sensitive information about a Cardholder. including any combination of Cardholder name plus the Cardholder's social security number, driver's license or other identification number or credit or debit card number, or other bank account number. 1.13 "Chargeback' means the procedure by which a Sales Draft (or disputed porion thereof) is returned to Bank by a Card Issuer because such item does not comply with the applicable Card plan's operating regulations. 1.14 "Credit Voucher" means a document executed by a Merchant evidencing any refund or price adjustment relating to Cards to be credited to a Cardholder account. 1.15 "Imprint" means (i) an impression on a Sales Draft manually obtained from a Card through the use of an imprinter. or (*1) the electronic equivalent obtained by swiping a Card through a terminal and electronically capturing Card Data and printing a Sales Draft. 1.16 "Mid or Non -Qualifying Transaction" means any sale Transaction that fails to qualify for lowest interchange rate assigned by the applicable Card Association for the standard card industry code of Merchant and which may be charged fees as set forth in Schedule A. 1.17 "Sales Draft' mains the paper form, wt ether electronically or manually imprinted, evidencing a safe Transaction. 1.18 "Transaction" means any sale of products or sen'ices or credit for such, from a Merchant for which the Cardholder makes payment through the use of any Card and which is presented to Bank for collection 1.19 "Voice Authorization" means a direct phone cal( to a designated number to obtain credit approval on a Transaction from the Card Issuer. whether by voice or voice-activated systems. ARTICLE 1l - CARD ACCEPTANCE 2.01 Honoring Curds. (a) Merchant will accept all valid Cards sv hen properly presented by Cardholders in payment for goods or services, subject to applicable Card Association rules requiring Merchant to clot whether it will accept credit only. debit only or both debit and credit Cards. Merchant's election is set forth in the Application. (b) Merchant will not establish minimum or maximum amounts for Card sales as a condition for accepting any Card. (c) Merchant will not require any Cardholder to pay as a surcharge any part of any discount or charge imposed upon Merchant by this Agreement. tvhether through any intoe in price or otherwise require a Cardholder presenting a Card to pry any charge or price as a condition of sale that is not also required from a customer paying cash However, Merchant may not, by this term, be prevented from offering discounts to customers for cash purchases. (d) Merchant will not engage in a Card Transaction (other than a mail order. telephone order, ecommerce or preauthorized sale to the extent permined under this Agreement) if the person seeking to charge the purchase to his or her Card account does not present the Card to permit Merchant to compare the signature on the Card to the signature on the Sales Draft and obtain an Imprint or otherwise use the physical Card to complete the Transaction. 2.02 Advertising. (a) Merchant agrees to prominently display the promotional materials provided by flank and ETS CORPORATION in its place (s) of business. Use of promotional materials and use of any trade name, trademark, service mark or logo type ("Marks) associated with Card(s) will be limited to informing the public that Card(*) will be accepted at Merchant's place(s) of business. Merchants' use of promotional materials and Marks is subject to the direction of Bank and ETS CORPORATION. (b) Merchant may use promotional materials and Marks only during the term of this Agreement and will immediately cease use and return any inventory to Bank or ETS CORPORATION upon any termination thereof . (c) Merchant will not use any promotional materials or Marks associated with Visa, MasterCard or Discover in any way which suggests or implies that either endorses any goods or services other Than Card payment services. 2.03 Card Acceptance. When accepting a Card. Merchant will follow the steps provided by Bank and ETS CORPORATION for accepting Cards and will : (a) Determine in good faith and to dte best of its ability that the Card is valid on its face; (b) Obtain Authorization from the Cad Issuer to charge the Cardholder's account: (c) Unless the Sales Draft is electronically generated or is the result of a mail, phone or pretuthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card: (d) Enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) Deliver a trot and completed copy of the Sales Draft to the Cardholder at the time of delivery of the goods or perfomance of the services. or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale: (1) Offer the Sales Dtaf to Bank for purchase according to Bank's procedures and the tens of this Agreement; and (g) Make an Imprint of the Card, if the Transaction is not based upon a mail, phone or pre -authorized order. 2.04 Authorization Merchant will obtain an Authorization for all Card sales. If Merchant cannot. for any reason, obtain an electronic Authorization through the use of a temhinal, Merchant will request a Voice Authorization from Bank's designated authorization center and will legibly print the authorization number on the Sales Draft. Merchant will not obtain or attempt to obtain authorization from Bank's authorization center unless Merchant intends to submit to Bank a Transaction for the authorized amount if Authorization for the Transaction is given . Merchant may not divide a single Transaction between two or more Sales Drafts on a single Card to avoid Authorization limits that may be set by the Card Issuer . Merchant acknowledges that an Authorization provides only that the Cardholder account has sufficient credit available to cover the amount of the current sale and that an Authorization is not a guarantee that the Ttansmaion will not be subject to dispute or Clargeback and docs not warranty the Cardholder's identity . Merchant may not anempt to obtain an authorization by successively decreasing the sale amount. Bank or ETS CORPORATION may refuse to purchase or process any Sales Draft presented by Merchant : (a) unless a proper authorization or approval code has been recorded on the Sales Draft (b) if Bank or ETS CORPORATION determines that the Sales Draft is or is likely to become uncollectible from the Cardholder to which the transaction would otherwise be charged: or (c) if Bank or ETS CORPORATION has reason to believe that the Sales Draft was prepared in violation of any provision of this Agreement Merchant will use, and may not circumvent, fraud identification tools requested by Bank or ETS CORPORATION. including Address Verification System processing and CVV2 processing. and acknowledges that the use of these tools may prevent Merchant from accepting certain Cards as payment. Merchant acknowledges that its use of fraud identification tools may not prevent fraudulent Card usage. and agrees that any fraudulent Transaction may ultimately result in a Chargeback. for which Merchant retains full liability under this Agreement. 2.05 Retention and Retrieval of Cards. (a) Merchant will use its best efforts. by reasonable and peaceful means, to retain or recover a Card (i) when receiving such instructions when making a request for Authorization or (ii) if Merchant has reasonable grounds to believe the Card is counterfeit, fraudulent or stolen. (b) The obligation of Merchant imposed by this section to retain or recover a Card does not authorize a breach of the peace or any injury to persons or property. and Merchant will hold Bank and ETS CORPORATION harmless from any claim arising from any injury to person or propeny or other breach of the peace in connection with the retention or recovery of a Card. 2.06 Jtfattinle Transaction Records; Partial Consideration. Merchant will not prepare more than one Sales Draft for a single sale or for a single item but will include alt items of goods and services purchased in a single Transaction in the total amount on a single Sala Draft except under the following circumstances: (i) For purchases in separate departments of a multiple department store; (it) For partial payment, installment payment, delayed delivery or an advance deposit: or (iii) For decayed or amended charges governed by rules for htavel and entertainment merchants and Transactions. 24 2.07 Telcohone Orders. Mail Orders. eCommeree. Prenuthoraed Orders and Installment Orders. (a) Unless Merchant has been approved by Bank to accept mail. phone or ecommerce orders. Merchant warrants that it is a walk-in trade business, located in a retail business place where the public moves in and out freely in order to purchase merchandise or obtain services. [(Bank and ETS CORPORATION determines Merchant has accepted unapproved Card Transactions without Bank's authorization. which arc placed by telephone. generated through telephone solicitation. mail order or other means that docs not create a Sales Draft tut bears the Card imprint and Cardholder's signature, this Agreement will be immediately temunated and the value of all Sales Drafts collected from the first day of processing may be charged back to Merchant and all Rands therefrom will be held pursuant to Article IV. (b) Unless approved by Bank. this Arvecment docs not contemplate regular acceptance of Cards for sales accepted by telephone, mail or ecommerce nor through prcauthorized orders. If an occasional Card Transaction is made by mail. phone or preamhorized order, the Sales Draft may be completed without the Cardholder's signature or an Imprint. but in such cue Merchant will create a Sales Slip containing Cardholder data, an Authorization number, the sale amount and the letters "MO".'TO" or "PO", as appropriate. Receiving an Authorization will not relieve the Merchant of liability. for Chargeback on any Transaction for which the Merchant did not obtain an Imprint or the Cardholder's signature. 2.08 Lodeine and Vehicle Rental Transactions. (a) Merchant must estimate and obtain Authorization for the amount of the Transaction based upon the Cardholder's intended length of stay or rental. Additional Authorization must be obtained and recorded for charges actually incurred in excess of the estimated amount. (b) Regardless of the terms and conditions of any written preauthorization form, the Sales Draft amount for any lodging or vehicle rental Transaction will include only that portion of the sale, including any applicable taxes. evidencing a bona fide rental of real or personal property by Merchant to the Cardholder and will not include any consequential charges. Nothing contained herein is intended to restrict Merchant from enforcing the terms and conditions of its preauthoeiation form through means other than a Card Transaction. 2.09 Bettina and Adiostments; Credit Vouchers. (a) Merchant's policy for the exchange or return of goods sold and the adjustment for services rendered will be established and posted in accordance with operating regulations of the applicable Card Association's regulations. Merchant agrees to disclose. if applicable, to a Cardholder before a Card sale is made, that if merchandise is returned: (i) no refund. or less than a full refund, will be given: (ii) returned merchandise will only be exchanged for similar merchandise of comparable value; (iii) only a credit toward purchases will be given: or (iv) special conditions or circumstances apply to the sale (e.g., late delivery. delivery charges. or other non-credit terms). (b) If Merchant does not snake these disclosures, n full refund in the form of a credit to the cardholder's Card account must be given. Disclosures must be made on all copies of Sales Drafts or invoices in letters approximately I/4- high in close proximity to the space provided for the Cardholder's signature or on an invoice issued at the time of the sale or on an invoice being presented for the Cardholder's signature. (c) Any change in btercbant's return or cancellation policy must be submitted in writing to Bank and ETS CORPORATION not less than fourteen (14) days prior to the change. Bank or ETS CORPORATION reserves the tights to refuse to process any Sales Draft made subject to a revised return or cancellation policy of which Bank and ETS CORPORATION have not been notified as required herein. 2.10 Cash Payments. Merchant will not receive any payments from a Cardholder for charges included in any Transaction resulting from the use of any Card nor receive any payment from a Cardholder to prepare and present a Transaction for the purpose of effecting a deposit to the Cardholder's Card account. 2.11 Cash Advances: Scrip Ihrrchnses. Merchant will not deposit any Transaction for the purpose of obtaining or providing a cash advance either on Merchant's Card or the Card of any other party and will not accept any Card at a scrip terminal. Merchant agrees that either such action will be grounds for immediate termination of this Agreement. 2.12 nnnlienteTransndions. Merchant will not deposit duplicate Transactions. Merchant will be debited for any adjustments for duplicate Transactions and will be liable for any Chargebacks which may result therefrom. 2.13 )senosil of Fraudulent Transactions. Merchant will not accept or deposit any fraudulent Transaction and may not under any circumstances present for processing or credit , directly or indirectly, a Transaction which originated with any other merchant or any other source other than Transactions arising from bona fide purchases from Merchant for the goods and services for which Merchant has been approved under this Agreement. If Merchant deposits any prohibited Transaction, Merchant may be immediately terminated and Bank may hold funds and/or demand an Escrow pursuant to Sections 4.02 and 5.06: further, Merchant may be subject to the Visa and MasterCard and Discover reporting requirements under the terms of this Agreement Merchant understands and agrees that it is responsible for its employees' action. whether negligent or fraudulent while in is employ. 2.14 Collection of Pre-existing Debt. Merchant will not prepare and present to Bank for purchase any Transaction representing the refinancing of an exiting obligation of a Cardholder including but not limited to, obligations (i) previously owed to Merchant (ii) rising from the dishonor of a Cardholder's personal check Chargeback, and/or (iii) representing the collection of any other preexisting indebtedness, including collection of delinquent accounts on behalf of third parties. 2.15 Data Seeurity/Personal Cardholder Informations Merchant may not, as a condition of sale. impose a requirement on Cardholders to provide any personal information as a condition for honoring Cards unless such information is required to provide delivery of goods or services or Merchant has reason to believe the identity of the person presenting the Card may be different than that of the Cardholder. Merchant will not. under any circumstances, release. sell or otherwise disclose any Cardholder Information to any person other than Bank or ETS CORPORATION or the applicable Card Association. except as expressly authorized in writing by the Cardholder. oras required by law. (a) Snfeeuards. Merchant will maintain appropriate administrative, technical and physical safeguards fur all Cardholder Information. These safeguards will (i) insure the confidentiality of Cardholder Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Cardholder Information: (iii) protect against unauthorized access to or use of Cardholder Information that could result in substantial harm or inconvenience to any Cardholder, and (iv) properly dispose of all Cardholder Information to ensure no unauthorized access to Cardholder Information. Merchant will maintain all such safeguards applicable to Merchant or Bank or ETS CORPORATION in accordance with applicable federal and state laws, rales, regulations and guidance. (b) omnlianee with Curd Association Rules, Merchant represents, warrants and covenants that it is and will remain throughout the term of this Agreement in compliance with Card Association bylaws, operating regulations and rules related to dam security, data integrity and the safeguarding of Cardholder Information including the Payment Card Industry Dam Security Standard ("PCI"). Discover Information Security Compliance ("DISC"), MasterCard's Site Data Protection Program ("SDP'). the American Express Data Security Requirements ("DSR'), and Visa's Customer Infomtation Security Program ("LISP"), in effect and as may be amended. supplemented or replaced Merchant will cause all of is service providers, subcontractors and agents to comply with PCI. SDP. DISC. DSR and CISP requirements at all times. Merchant will report any non-compliance immediately to Bank or ETS CORPORATION. To accomplish the foregoing, Merchant will encrypt all debit. credit or stored value cud numbers whether in storage. transport or backup and will not store data security codes on its systems. nelwock or software. (e) Annual Certification. Merchant will provide an annual certification to Bank or ETS CORPORATION if requested by Bank or ETS CORPORATION (in a form acceptable to Bank or ETS CORPORATION ) cenifying compliance with the data security provisions of this Agreement, including compliance with applicable Card Associatimh requirements such as PCI. SDP, DSR athd CISP. Merchant will provide annual certifications for Merchant's service providers. subcontractors and agents. (d) Information Use Limitations, hlerchant may not sell, disclose, or otherwise make Cardholder Information available, in whole or in part in a manner not provided for in this Agreement, without Bank's or ETS CORPORATION's prior written consent. Merchant may. however, disclose Cardholder Information to its service providers, subcontractors and agents who have a need to know such infonnation to provide the Services described in this Agreement, provided that those individuals or entities have assumed confidentiality obligations in accordance with this Agreement. or as may be required by legal process or applicable federal and state Iaws, odes, regulations and guidance and have entered into a written agreement with Merchant containing Merchants and such individuals' or entities' agreement to the foregoing data security provisions including compliance with Card Association rules, regulations or bylaws. (e) Resnonse to unauthorized Access, Merchant will notify Bank or ETS CORPORATION within 24 hours after it knows of any breach in security resulting in an unauthorized access to Cardholder Information. Merchant will provide any assistance that Bank or ETS CORPORATION . the issuing bank of any Cardholder, and their regulators and the Card Associations deem necessary to contain and control the incident to prevent further unauthorized access to or use of Cardholder Information Such assistance may include, but not Inc limited to, preserving records and other evidence and compiling information to enable Bank or ETS CORPORATION and the issuing bank (s) or the Card Associations to investigate the incident and provide assistance and cooperation to: (a) file suspicious activity reports (as applicable): (b) notify their regulators (u applicable): and (c) notify the affected Cardholder (as required). Unless the unauthorized access was due to Bank's acts or omissions. Merchant will bear the cost of notifying affected Cardholder. (0 Jtliscellaneons Merchant may not make a claim against Bank or ETS CORPORATION or hold Bank or ETS CORPORATION liable for the acts or omissions of other merchants, service providers. Card Associations, financial institutions or others that do not have a written contractual relationship with Bank or ETS CORPORATION or over which Bank or ETS CORPORATION has no control. These provisions supplement, augment and are in addition to obligations of indemnification audit. confidentiality and other similar provisions contained in this Agreement. This Section and each of is subsections will survive this Agreement's termination. Merchant may not store in any system or in any manner discretionary Card read data including without limitation CV V2 data. PIN data, address verification data or any other information prohibited by Card Association Rules. Merchant agrees that Provider may disclose to any Card Network information regarding Merchant and hlerchnnt's Transactions to any Card Network , and that such Card Network may use such information to perforin is responsibilities in connection with is duties as a Card Network, promote the Card Network. perform a alyna and create reports. and for any other lawful business purposes, including commercial marketing contmunimtions purposes within the parameters of Card Network Card acceptance, and transactional or relationship communications from a Cord Network. A Card Network may use the information about Merchant obtained in this Agreement at the time of setup to screen and /or monitor Merchant in connection with the Card Network marketing and administrative purposes. 25 Merchant agrees it may receive messages from a Card Network. including important information about Card Network products. services. and resources mailable to its business. These messages may be sent to the mailing address, phone numbers, email addresses or fax numbers of Merchant Merchant may be contacted at its wireless telephone number and the communications sent may include autodialed short message service (SMS or "ten") messages or automated Or prerecorded calls. Merchant agrees that it may be sent fax communications. 2.16 Compliance with Card Association Rules. Merchant will comply with and conduct its Card activities in accordance with all applicable Card Association rules and regulations. Failure to comply with such rules and regulations may result in Merchant being terminated for cause and listed on various Card Association and industry databases . including the Terminated Merchant File and the Merchant Alen to Control High Risk Merchants file ("MATCH"). Merchant may not: (a) accept Cardholder payments for previous Card charges incurred at the Merchant location; (61 establish a minimum or maximum transaction amount as a condition for honoring a Card: (c) require a Cardholder to complete a postcard or similar device that includes the Cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed; (d) add any surcharge to transactions; (e) add any tax to transactions. unless applicable law expressly requires that Merchant be permitted to impose a az (any tax amount. if allowed. must be included in the transaction amount and not collected separately); (f) enter into interchange any transaction receipt for a transaction that was previously charged back to Bank and subsequently returned to Merchant irrespective of Cardholder approval (Merchant may pursue payment from the Cardholder outside the Curd Association system); (g) request or use an account number of any purpose other than as payment for its goods or services; (h) disburse funds in the tom of travelers cheques, if the sole purpose is to allow the Cardholder to make a cash purchase of goads or services from Merchant; (1) disburse funds in the form of cash. unless: (i) Merchant is a lodging or cruise line merchant disbursing cash to a Cardholder. (ii) Merchant is dispensing funds in the form of travelers cheques, Cards, or foreign currency, or (iii) Merchant is participating in the Card Association cash back service; (j) accept a Card for the purchase or scrip; (k) accept a Card for manual cash disbursement; (I) accept a Card to collect or refinance existing debt that has been deemed uncollectible by the Merchant providing the associated goods or services; or (m) enter into a Transaction that represents collection of a dishonored check. Merchant will pay all Card Association fines, fees, penalties and all other assessments or indebtedness levied by Card Associations to Bank or ETS CORPORATION which are anribmable, at the Bank's or ETS CORPORATION'S discretion. to Merchant's Transaction processing or business. (n) accept a Card for an unlawful Inlemet gambling transaction. Merchant will pay all Card Association fines, fees, penalties and all other assessments or indebtedness levied by Card Associations to Bank or ETS CORPORATION which are attributable, at the Bank's or ETS CORPORATION'S discretion. to Merchant's Transaction processing or business. 2.17 Merchant's Business Merchant will notify Bank or ETS CORPORATION immediately if it intends to (a) transfer or sell any substantial part of its total assets. or liquidate; (b) change the basic nature of its business, including selling any products or services not related to is current business; (c) change majority ownership or transfer control of its business; (d) enter into any joint venture, partnership or similar business arrangement whereby any person or entity nota party to this Agreement assumes any interest in Merchant's business; (e) alter in any way Merchant's approved monthly volume. average. or maximum ticket; (1) changes its retum policies or to another fulfillment house different from those identified in Merchant Application: or (g) changes to its Account Merchant will notify Bank or ETS CORPORATION promptly in writing if it becomes subject to any voluntary or involuntary bankruptcy or insolvency petition or proceeding. Merchant's failure to provide notice as required above may be deemed a material breach and will be sufficient grounds for termination of Merchant and for Bank's or ETS CORPORATION'S exercise of all its rights and remedies provided by this Agreement. If any change listed above occurs. Bank or ETS CORPORATION may immediately terminate this Agreement. 2.18 rterehant's Warranties. Merchant represents and covenants tat: (a) all information contained in the Merchant Application or any other documents delivered to Bank or ETS CORPORATION in connection therewith is true and complete and properly reflects Merchant's business. financial condition and principal partners, owners or officers: (h) Merchant has power to execute. deliver and perform this Agreement. and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject: (c) Merchant holds all licenses, if any required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suitor proceeding at law or in equity now pending or to Merchant's knowledge, threatened by or against or affecting Merchant which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations ; (e) etch Sales Draft presented to Bank or ETS CORPORATION for collection is genuine and is not the result of any fraudulent or prohibited Transaction or is not being deposited on behalf of any business other than Mercham as authorized by this Agreement : (f) each Sales Draft is the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount sated on die Sales Draft : (g) Merchant has performed or will perform all of its obligations to the Cardholder in connection with the Card Transaction evidenced thereby : (h) hlerchant has complied with Bank's or ETS CORPORATION'S procedures for accepting Cards. and the Card Transaction itself does not invoke any element of credit for any other purposes other than as set forth in this Agreement . and is not subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations' rules. the Consumer Credit Protection Act (IS USC §I 601) or other relevant state or federal statutes or regulations: and (i) any Credit Voucher which it issues represents a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Bank or ETS CORPORATION . 2.19 Merchant's Covenants. Merchants covenants that: (a) each Transaction Record presented to Provider for collection is genuine and is not the result of any fraudulent activity, or a Transaction prohibited by a Card Network. or is not being deposited on behalf of any business other than Merchant as authorized by this Agreement; (b) each Transaction Record is the result of a bona fide purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Transaction Record: (c) Merchant will perform all of its obligations to the Cardholder in connection with the Transaction evidenced thereby; (d) Merchant will comply with Providers procedures for accepting Cards, and the Transaction itself will not involve any element of credit for any other purposes other than as set forth in this Agreement, and will not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Network Rules, the Consumer Credit Protection Act (15 USC §1601) or other Law, and any Credit Voucher which Merchant issues represents a bona fide refund or adjustment on a Transaction by Merchant with respect to which a Transaction Record has been accepted by Provider. 2.20 Third Parties. Merchant may desire to use a third-party service provider to assist Merchant with its Transactions. Merchant shall not utilize any such third parties unless Merchant has disclosed such use to Provider previously in writing, and unless such third party is fully compliant with all Laws and Network Rules. Any third patty used by Merchant must be registered with the Cord Network prior to the performance of any contracted services on behalf of Merchant. Further, as between the parties to the Agreement, Merchant will be board by the acts and omissions of any third-party service provider and Merchant will be responsible for compliance by such third-party service provider with all Laws and Network Rules. Merchant will indemnify and hold harmless Provider from and against any loss, cost, or expense incurred in connection with or by reason of Merchant's use of any third parties, including third-party service providers. Provider is not responsible for any third-party service provider used by hlerchant nor is Provider required to process any Transaction which Provider receives from Merchant or its service providers in any format not approved by Provider. Provider has no responsibility for, and sltall have no liability to Merchant in connection with, any hardware, software or services Merchant receives subject to a direct agreement (including any sale, warranty or end-user license agreement) between Merchat and a third party. 2.21 Recourse Merchant acknowledges that ISO performs the services contemplated by this Agreement and ISO is responsible to hterchat for any failure to perform such services in accordance with the terms of this Agreement. While Bank satisfies settlement tiles pursuant to iastmctions provided by ISO. Bank is not responsible for independently verifying the accuracy of such settlement fila. Accordingly, to the geaest extent permitted by the Nchvork Rules, Merchant's sole recourse for any failure by Provider under this Agreement is against ISO (and not Bank). 222 Pre-Authorized Transactinns. If Merchant agrees to accept a pre-authorized order. the Cardholder shall execute and deliver to Merchant a written request for such pre-authorization which will be retained by Merchant and made available upon request to Provider. Merchant will not deliver goods or perform serices covered by a pre-authorization after receiving specific notification that the pre-authorization is cancelled or that the card covering the pre-authorization is not to be honored. 2.23 Pre-Authorization Health Care Transactions. If Merchant is a "Health Care Merchant" as indicated on the Merchant Appticalion and accepts a pre-authorized health care Transaction(s) from a Cardholder. Merchant agrees to comply with any requirements in the Network Rules related to such Transactions. 26 2.24 Rec,rrine Transactions. If Merchant agrees to accept a recurring trastsaclion from a Cardholder for the purchase of goods or services which are delivered or performed periodically (a "Recurring Transaction"), the Cardholder shall complete and deliver to Merchant an order form containing a written request for such goods or services to be charged to the Cardholders account, the frequency of the recurring charges and the duration of time for which such Cardholder's pemtission is granted. In the event a Recurring Transaction is renewed, the Cardholder shall complete and deliver to Merchant a subsequent order form for continuation of such goods or services to be charged to the Cardholder's account. A Recurring Transaction may not include partial payments made to Merchant for goods or services purchased in a single Transaction, nor may it be used for periodic payments of goods or services on which Merchant assesses additional finance' charges. A copy of the order form must be retained for the duration of the recurring charges and provided in response to Provider's request. In addition. Merchant must record, retain, and promptly produce upon request the "ship to address" and address verification service code (where applicable) for each transaction. Merchant must not complete an initial or subsequent Retuning Transaction after receiving a cancellation notice from the Cardholder. the Card Issuer. Provider or other party or a response that the Card is not to be honored. 2.25 Limited Acceptance. (a) If appropriately indicated on the Merchant Application, Merchant shall be a limited acceptance merchant. which means that Merchant has elected to accept only certain Visa and MasterCard Card types as indicated on the Merchant Application, or via later notification. The Visa or MasterCard credit acceptance option on the Merchant Application refers to Visa credit and business transactions, and is what MasterCard refers to as "Other Card" transactions. Notwithstanding anything to the contrary in the Merchant Application, Merchant can elect (i) to accept only Visa or MasterCard non -PIN based debit/stored voludelectronic benefit transactions (sometimes referred to as "signature debit" transactions, whether or not an actual signature is required), (ii) to accept only Visa or MasterCard Credit transactions, or (iii) to accept all Visa or MasterCard credit and signature debit transactions; provided, however, that a Merchant who accepts any Visa or MasterCard Card types must accept all valid Visa or MasterCard Card types issued by a non -U.S. issuer. Merchant is not required to accept Cards of Card Networks other than Visa or MasterCard in order to accept Visa or MasterCard Cards (except that transactions using Diner's International Cards which also carry the MasterCard Mark must be accepted if Merchant accepts MasterCard Card transactions of the same type). Provider has no obligation other than those expressly provided under the Network Rules and applicable Law as they may relate to limited acceptance. Provider's obligations do not include policing card types at the point-of-sale. Merchant will be solely responsible for the impleinemation of its decision for limited acceptance including but not limited to policing the Card Network type(s) of transactions at the point-of-sale submitted for processing by Provider. Should Merchant submit a Transaction for processing for a card type it has indicated it does not wish to accept, Provider may process that Transaction and Merchant will pay the applicable fees, charges, and assessments associated with that Transaction. Merchant will comply with any applicable Laws and Newyork Rules and other applicable rules and regulations for the Card Network type processed. (b) II -Merchant has chosen to accept Discover Cards in the Merchant Application, Merchant must accept Discover Cards at all Merchant establishments, including in payment for purchases of goods and services. for charitable contributions and for Cash Over Transactions (subject to the terms of the Network Rules and other applicable rules and regulations), when properly presented for payment by a Cardholder. Subject to this section. Merchant must create a Transaction Record for each Discover Card Transaction and deliver at least one copy of the Transaction Record to the Cardholder. Ah4erchant may issue a Cash Over (subject to the terms of the Network Rules) in connection with a Discover Card Transaction. Merchant must deliver a single Authorization request for the aggregate total of the goods/services purchase amount and the Cash Over amount. In addition, the Transaction Record must include both the purchase amount and the Cash Over amount. ARTICLE 111- PRESENTMENT. PAYMENT, CIIARGEBACK 3.01 Acceptance. Bank will accept from Merchant all Sala Drafts deposited by Merchant under the terms of this Agreement and will proem the same to the appropriate Card Issuers for collection against Cardholder accounts. Merchant is required to transmit Sala Drafts and Credit Vouchers to Bank or its processing vendor on the same of next business immediately following the day that such Sales Drafts and Credit Vouchers have been originated. All presentment and assignment of Sales Drafts, collection therefore and re -assignment or rejection of such Sales Drafts are subject to the terms of this Agreement and regulations of the Card Associations. Bank will only provisionally credit the value of collected Sales Drafts to Merchant's Account and reserves the right to adjust amounts collected to reflect the value of Chargebacks (actual and anticipated), fees, penalties, late submission charges, Reserve deposits. negative Sates Draft batch deposits and items for which Bank did not receive final payment. 3.02 f-ndorsement The presentment of Sales Drafts to Bank for collection and payment is Merchant's agreement to sell and assign all its right, title and interest in each Sales Draft completed in conformity with Bank's acceptance procedures and shall constitute an endorsement by Merchant to Bank of such Sales Drafts. Merchant hereby authorizes Bank to supply such endorsement on Merchant's behalf. 3.03 Prohibited Payments. Bank will have the sole right to receive payment of any Sales Draft presented by Merchant and paid by Bank unless and until there is a Chargeback . Unless specifically unauthorized in writing by Bank, Merchant will not make or attempt to make any collections on any Sales Draft, including Chargelacks, and will hold in tout for Bank and will promptly deliver in kind to Bank any payment Merchant receives, in whole or in pan, of the amount of any accepted Transaction, together with the Cardholder's name and account number and any correspondence accompanying the payment 3.04 Charvebacks. Merchant will accept for chargeback any sale for which the Cardholder disputes the validity of the sale according to prevailing Card Association regulations , ora Card issuer or Bank or ETS CORPORATION determines that Merchant has in any way failed to comply with Card Association regulations or Bank's or ETS CORPORATION's procedures in accepting a Card and presenting the resulting Sales Draft to Bank for purchase. Section 2.03 notwithstanding. Bank may charge back the amount of a Card sale for which the Cardholder disputa that authorizing the charge if Merchant failed 10 obtain the Card Imprint or the Cardholder's signature. Merchant may not initiate a sale Transaction in an anempt to collect a Chargeback Merchant will pay the current published fees for each Chargeback as listed on $chesluleA. 3.05 Chareehnck Reserve Account Notwithstanding anything to the contrary in this Agreement, Bank or ETS CORPORATION may establish (without notice to Merchant) and Merchant agrees to fund a non-interest bearing chargeback reserve account (the "Reserve Account"). or demand other security or raise any discount. transaction or other fees. This account may be established at any time or for any reason. Specific examples might include: (a) Merchant engages in any charge processing that creates an overcharge to a Cardholder by duplicating charges: (b) any activity designed by Merchant to circumvent a "all center" message When attempting to process a transaction; (c) Merchant breaches this Agreement, violates any representation, covenant or warranty herein, violates any applicable Card Association rule or applicable law; (d) Merchant's application is in any way inaccurate or becomes inaccurate subsequent to Bank's approval of the application; (e) Merchant changes its type of business without Bank's prior wiitten approval: (1) fraud, Merchant protases an unauthorized charge. or other action that violates Bank's or ETS CORPORATION's applicable risk management standards or is likely to cause a loss ; (g) Merchant has etargebacks exceeding I% of the total number of transactions completed by Merchant in any 30 calendar day period; (h) excessive numbers of requests from consumers or issuing banks to retrieve documentation: (1) Merchant's financial stability is in question or hlerclant cases doing business; or (j) Merchant terminates this Agreement. Once the Reserve Account is established. collected funds will be placed in the Reserve Account. Before releasing funds after this Agreement is terminated. Merchant will pay any equipment cancellation fees and any outstanding charges, losses or amounts, and Chargebaeks for which Merchant has provided indemnification under this Agreement. Further. Bank or ETS CORPORATION may require Merchant to deposit additional amounts based upon Merchant's processing history and/or anticipated risk of loss to Bank or ETS CORPORATION into the Reserve Account. Once established, unless Bank or ETS CORPORATION determines otherwise at its sole discretion, the Reserve Account will remain in place for 180 days and a reasonable period thereafter during which Cardholder disputes may remain valid under applicable Card Association rules. The provisions of this Agreement relating to account debits and credits apply to the Reserve Account and survive this Agreement's termination until Bank terminates the Reserve Account. Any balance remaining after chargeback rights have expired and all of Bank's or ETS CORPORATION's other expenses, losses and damages have been paid will be disbursed to Merchant 27 ARTICLE IV - TERMINATION AND EFFECT OFTERMINATION 4.01 Term, This Agreement will be effective once Bank and ETS CORPORATION accepts it and, unless otherwise terminated, will continue for three (3) years with automatic three-year renewals thereafter until Merchant provides written notice ofnon-renewal given not less than 30 days before the end of the then -current term. 4.02 Terminntinn. (a) without Cause. Bank or ETS CORPORATION may terminate this Agreement. without cause, upon 30 days advance written notice to Merchant. (b) For Cause. Bank or ETS CORPORATION may terminate this Agreement in its sok discretion. effective immediately, upon written or verbal notice. or by closing Merchant's point-of-sale terminal, if Bank or ETS CORPORATION reasonably determines that any of the following conditions exists: (i) hferchant has violated any provision of this Agreement; (ii) there is a material adverse change in Merchant's financial condition; (iii) if any case or proceeding is commenced by or against Merchant under any federal or state law dealing with insolvency, bankruptcy, receivership or other debt relief; (iv) any information which Merchant provided to Bank or ETS CORPORATION. including Application information. was false, incomplete or misleading when received; (v) at any time during the teen of This Agreement, hlerchant has had a monthly ratio of Chargebacks to total transactions exceeding Card Association requirements or 1%. or Chargebacks exceed 3% of any monthly dollar amount of total transactions; (vi) an overdraft in the settlement account exists for more than three days; (vii) hlerchant or any of Merchant's officers or employees has been involved in processing transactions arising from fraudulent or otherwise unauthorized transactions ; (viii) Merchant is or will be unable or unwilling to perform its obligations under this Agreement or applicable law; (ix) Merchant has failed to timely pay Bank or ETS CORPORATION any amount due; (x) Merchant has failed to promptly perform or discharge any obligation under its settlement account or the Reserve Account: (xi) any of Merchant's representations or warranties made in connection with this Agreement was not true or accurate when given; (xii) Merchant has defaulted on any agreement it has with the Bank or ETS CORPORATION; (xiii) Bank or ETS CORPORATION is served with legal process seeking to attach or garnish any of Merchant's funds or property in Bank's or ETS CORPORATIONS possession , and Merchant docs not satisfy or appeal the legal process within 15 days of such service; (xiv) any Card Association rules are amended in any way so that the continued existence of this Agreement would cause Bank or ETS CORPORATION to be in breach of those rules; (xv) any guaranty supporting Merchant's obligations is revoked. withdrawn, terminated or ahered in any way; (xvi) if any circumstances arise regarding Merchant or is business that create harm or loss of goodwill to any Cud Association: (xvii) termination is necessary to prevent loss to Bank or ETS CORPORATION or Card Issuers; (xviii) Merchant's type of business indicated on the Application or as conducted by Merchant could endanger the Bank's or ETS CORPORATION's safety or soundness : (xis) Merchant's owner, officer. guarantor. or corporate entity has a separate relationship with the Bank or ETS CORPORATION and that relationship is terminated, (xx) Merchant appears on any Card Association's security reporting; or (xxi) Bank's or ETS CORPORATION's security for repayment becomes impaired. 4.03 Effect of Bnnknrutev, Any account or security held by Bank or ETS CORPORATION will not be subject to any preference, claim or stay by reason of bankruptcy or similar law. The panics expressly agree tat the acquisition of Card Transactions hereunder is a financial accommodation and if Merchant becomes a debtor in any bankruptcy or similar proceeding , this Agreement may not be assumed or enforced by any other person and Bank or ETS CORPORATION will be excused from performance hereunder . 4.04 Effect of Termination. When termination becomes effective, the panics' rights and obligations existing under this Agreement survive. if this Agreement is terminated, regardless of cause. Bank or ETS CORPORATION may withhold and discontinue the disbursement for all Cards and other Merchant Transactions in the process of being collected and deposited . If Merchant is terminated for cause, Merchant acknowledges that Bank or ETS CORPORATION may be required to report Merchant's business name and the names and other identification of its principals to the MATCH file maintained by Visa, Discover, and MasterCard. Merchant expressly agrees and consents to such reporting if Merchant is terminated for any reason requiring luting on the MATCH file. Merchant waives and will hold harmless Bank or ETS CORPORATION from any claims that Merchant may raise as a result of Bank's or ETS CORPORATION's MATCH file reporting. Merchant will also immediately cease requesting Authorizations. If Merchant obtains any Authorization after termination, the fact that any Authorization was requested or obtained will not reinstate this Agreement. Further, Merchant will return all Bank or ETS CORPORATION property, fors or equipment. All obligations for Transactions prior to termination (including payment for Chargebacks and Bank's or ETS CORPORATION's expenses relating to Chargebacks) survive termination. Bank or ETS CORPORATION is not liable to Merchant for damages (including prospective sales or profits) due to termination. Following termination. Merchant will upon request provide Bank or ETS CORPORATION with all original and electronic copies of Sales Drafts and Credit Vouchers that have been retained by Merchant as of the date of termination . Upon termination, any amounts due to Bank or ETS CORPORATION will accelerate and be immediately due and payable, without any notice. declaration or other act whatsoever by Bank or ETS CORPORATION. The parties agree that if this Agreement is terminated before completion of the initial term of this Agreement for any reason other than a material uncured breach by Bank or ETS CORPORATION . Merchant will pay Bank or ETS CORPORATION damages determined by (a) computing the number of months remaining from the date of termination to the end of the then current term, and (b) multiplying that number by the average monthly processing fees and adding Bank's or ETS CORPORATION's costs and attorneys' fees . Merchant agrees that these damages arc not a penalty but are a reasonable computation of the financial harm caused by the termination of this Agreement. Bank's or ETS CORPORATION's rights of termination are non -cumulative. ARTICLE V -MISCELLANEOUS 5.01 Account Monitoring. Merchant acknowledges that ETS CORPORATION and/or Bank will monitor Merchant's daily deposit activity. Merchant agrees that Bank may upon reasonable grounds suspend the disbursement of Merchant's funds for any reasonable period of time required to investigate suspicious or Unusual deposit activity. ETS CORPORATION and/or Bank will make good faith efforts to notify hlerchant promptly. ETS CORPORATION and/or Bank will not be liability for any losses, either direct or indirect, which Merchant may attribute to any suspension of funds disbursement. 5.02 Forms, Merclsant will use only such fomes or modes of transmission of Sales Drafts and Credit Vouchers as are provided or approved in advance by Bank or ETS CORPORATION , and Merchant will not use such forms other than in connection with Card Transactions. 5.03 Indemnifrcntinn. Merchant will defend, indemnify and hold Bank and ETS CORPORATION and its officers, directors, members, shareholders. partners, employees, agents, subcontractors and representatives harmless from and against any and all fines. penalties. claims, damages, expenses. liabilities or fees of any nature whatsoever, including nnomeys' fees and costs (-Damages"'). asserted against or incurred by Bank and ETS CORPORATION arising out of, relating to or resulting from, either directly or indirectly: (n) a breach of the security of the system safeguarding Cardholder Information resulting in unauthorized access to Cardholder Information; (b) a breach of any representation, warranty or term of this Agreement. including, but not limited to, the dam security provisions by Merchant, or any service provider. subcontractor or agent of Merchant: (c) the negligence, gross negligence or willful misconduct of Merchant in the performance of is obligations under this Agreement. including. but not limited to. the data security provisions: (d) any violation of applicable federal and sate laws. rules. regulations and guidance and Card Association rules by Merchant; and (e) all third party claims arising from the foregoing. Notwithstanding the preceding. Merchant is not liable to Bank or ETS CORPORATION if Damages are caused by, related to or arise out of Bank's or ETS CORPORATION's negligence. gross negligence or willful misconduct, or Bank's or ETS CORPORATION's breach of this Agreement. Merchant will promptly reimburse Bank or ETS CORPORATION for any assessments. fines, fees or penalties imposed by the Card Association in connection with this Agreement. including the data security provisions, and authorizes Bank or ETS CORPORATION to deduct any such sums from amotms to be cleared and rented with Merchant. 5.04 Records. In addition to any records merchants routinely furnished to Bank or ETS CORPORATION pursuant to this Agreement, Merchant will preserve a copy of the actual paper Saks Drafts and Credit Vouchers and any written authorization of the Cardholder for at least hvo (2) years after the date Merchant presents the Transaction to Bank. 5.05 Requests for Coutes. Immediately upon receipt of any request by Bank or ETS CORPORATION, Merchant will provide either the actual paper Sales Draft ora legible copy thereof (in size comparable to the actual Sales Draft) and any other documentary evidence available to Merchant and reasonably requested by Bank or ETS CORPORATION to mea Bank's and ETS CORPORATION's obligations under law (including is obligations under the Fair Credit Billing Act) or otherwise to respond to questions concerning Cardholder accounts 5.06 Cnmplinnee with Low, Merchant will comply with all laws applicable to Merchant, Merchant's business and any Card Transaction, including without limitation all state and federal consumer credit and consumer protusion statutes and regulations. 5.07 Fees rind Chartres. Merchant will pay to Bank or ETS CORPORATION the fees and charges set forth on Schedule A including any additional charges applied to transactions that fail to meet Card Association requirements for the lowest interchange levels. Merchant's Account will be debited through ACH or withheld from daily payments to Merchant for such amounts and for any other fees. charges or adjustments incurred by Merchant and associated with processing services. Bank or ETS CORPORATION may change fees, including adding fees for additional services utilized by Merchant. upon 30 days written notice to Merchant. 28 5.08 Serurhv Interests To secure payment of Merchants obligations under this Agreement. Merchant grants to Bank and ETS CORPORATION a security interest in all now existing or hereafter acquired: (a) Transactions. Sates Drafts, Credit Vouchers and other items submitted to Bank and ETS CORPORATION for processing by or for Merchant: (b) accounts receivable and payment rights relating to or arising from this Agreement, including all amounts due Merchant (including any rights to receive credits or payments hereunder); (c) accounts (including without limitation all deposit accounts) maintained with the Bank or ETS CORPORATION or any institution other than Bank or-ETS CORPORATION, including the Reserve Account. in the name of or for the benefit of, Merchant or any guarantor of Merchant's obligations under this Agreement: (d) deposits. resardless of source, to Merchant's or any guarantor's accounts with Bank or ETS CORPORATION or any institution otter than Bank or ETS CORPORATION. including the Reserve Account; (e) all deposits and all other property and funds deposited by Merchant or withheld by Bank or ETS CORPORATION. including hinds and property withheld as the result of security monitoring; and (q proceeds of the foregoing. 11 Bank or ETS CORPORATION reasonably determines that Merchant has breached any obligation under this Agreement, or that proceeds of Merchant's future card sales are unlikely to cover anticipated Cbargcbacks, credits, fees and adjustments. as reasonably determined by Bank 01 ETS CORPORATION (whether because this Agreement has been terminated or for any other reason), Bank or ETS CORPORATION may setoff or otherwise exercise its security interest without notice or demand by immediately withdrawing from or freezing any account or otherwise exercising its rights under this Agreement or those rights available under applicable laws, including the Utah Uniform Commercial Code, or in equity. In addition to the collateral pledged above. Bank or ETS CORPORATION may require Merchant to furnish such other and different security as Bank or ETS CORPORATION deems appropriate in its sole discretion to secure Merchant's obligations under this Agreement. Bank or ETS CORPORATION may fully or partially prohibit withdrawal by Merchant of funds from Merchant's deposit accounts maintained with Bankwr ETS CORPORATION or financial institutions other than Bank or ETS CORPORATION. pending Bank's or ETS CORPORATION'S determination from time to time to exercise its rights as a secured party against such accounts in partial or full payment of Merchant's obligations to Bank or ETS CORPORATION . Merchant will execute any documents and take any actions required to comply with and perfect any security interest under this paragraph. at Merchants cost. Merchant represents and warrants that no other party has a security interest or lien in any of the collateral pledged above. and Merchant will obtain Bank's or ETS CORPORATION'S written consent before it grants a lien or security interest in that pledged collateral to any other person. Merchant shall not assign to any third party any payments dare to it under this Agreement, and all indebtedness arising from Transactions will be for bona fide sales of goods and services (or both) at its business locations and fret of liens, claims, and encumbrances other than ordinary sales taxes; provided, however. that Merchant may sell and assign future Transaction receivables to Provider, its affiliated entities and/or any other ash advance funding source that parumrs with Provider or its affiliated entities, without consent from any Card Network. Notwithstanding the foregoing. Provider prohibits Merchant from selling or assigning future Transaction receivables to any third party without Provider's prior written consent. 5.09 Modifications to Agreement. This Agreement is subject to amendment to conform with Card Association regulations , as amended from time to time. From lime to time Bank and ETS CORPORATION may amend any provision or provisions of this Agreement. including, without limitation, those relating to the discount ram or to other fees and charges payable by Merchant by mailing w•rinen notice to Merchant of the amendment at least thirty (30) days prior to the effective date of the amendments. and the amendment will become effective unless Bank or ETS CORPORATION receives Merchant's notice of termination of this Agreement before such effective date. Amendments required due to changes in either Card Association's rules and regulations or any law or judicial decision may become effective on such shorter period of time as Bank may specify if necessary to comply with the applicable rule , regulation, law or decision. 5.10 Warranty Disclaimer ETS CORPORATION MAKES NO WARRANTIES REGARDING THE USE. OPERATION OR PERFORMANCE OR NON-PERFORMANCE OF SOFTVARE AND SYSTEMS UTILIZED FOR THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED. AND ETS CORPORATION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 5.11 Limitation of Liability. Bank's and ETS CORPORATION'S liability with respect to any Card Transaction may not exceed the amount of the Sales Draft in connection with that Transaction less any applicable fees and charges. Bank and ETS CORPORATION is not liable for any incidental or consequential damages whatsoever. Merchant waives alt claims against Bank and ETS CORPORATION for any loss, claim. demand, penalty, action, delay, cost or expense (including reasonable attomeys' fees) of any kind unless Merchant provides written notice to ETS CORPORATION or Bank of the occurrence that gave rise to the alleged liability within 30 days after Merchant knew or should have known of the occurrence. Merchant will indemnify and hold Bank and ETS CORPORATION harmless from any claims relating to any Sales Draft paid for by Bank as may be made by anyone by way of defense , dispute. offset, counterclaim or affirmative action, or for any damages of or losses tat Bank or ETS CORPORATION may incur as a result of Merchant's breach of this Agreement. Further, Merchant will reimburse Bank or ETS CORPORATION for all expenses and costs, including attorneys' fees, with regard thereto. 5.12 Waiver. Failure by Bank or ETS CORPORATION to enforce one or more of the provisions of this Agreement will not constitute a waiver of the right to enforce the same or other provision in the future. 5.13 Written Notices, Alt wrinen notices and other written communicator required or permitted under this Agreement will be deemed delivered immediately when hand -delivered or sent via facsimile and the sender obtains a fax confirmation receipt, and upon mailing when sent first class mail. postage prepaid. addressed as follows: (a) ETS CORPORATION. 20135 Lakeview Center Plaza, 4th Floor Ashburn. VA 20147 (b) Bank: Merrick Bank Corporation, 10705 South Jordan Gateway, Suite 200, South Jordan, UT 84095. Atm: SVP of Merchant Services, Facsimile: (516)576.8741; (c) If to Merchant At the facsimile number or address provided as the billing address and to the contact listed on the Merchant Application . 5.14 Choke of Law: Jurisdiction. Any claim or cause of action arising out of or relating to this Agreement, whether now in existence or arising in the future, against Merrick Bank must be initiated and maintained exclusively in the state or federal coons located in Salt lake County, Utah, and shall be governed by Utah law without regard to its con0ict-of-law rules. Merchant hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding and acknowledges that it will be subject to the applicable procedural rules of those courts. Any claim or cause of action arising out of or relating to this Agreement, whether now in existence or arising in the future, against ETS CORPORATION must be initiated and maintained exclusively in the state courts located in Loudoun County. Virginia, and shall be governed by Virginia law without regard to its conflictrof-law rules. Merchant hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding and acknowledges that it will be subject to the applicable procedural rules of those courts. Merchant acknowledges that the state courts of Virginia do not provide a class action mechanism. By accepting this agreement and agreeing to litigate all disputes with ETS CORPORATION in the state courts located in Loudoun County, Virginia, Merchant expressly acknowledges that it foregoes the ability to bring a class action against ETS CORPORATION or to participate as a member ofa class in an action against ETS CORPORATION heretofore accrued or accruing in the future. 5.15 Entire Agreement; Assignability. This Agreement expresses the entire understanding of the parties with respect to the subject matter hereof and except as provided heroin , may be modified only in writing executed by Bank and ETS CORPORATION and Merchant. This Agreement may not be assigned, directly or by operation of law, without Bank's and ETS CORPORATION's prior written consent. This Agreement will be binding upon and inure to the benefit of the parties' respective heirs, personal representatives. successors and assigns 5.16 Deposit Account. Merchant will at all times maintain an Account ata bank that is a member of the Federal Reserve ACH system and will provide Bank and ETS CORPORATION with proper authorization to debit the Account. All credits for collected funds and debits for fees, payments and Chargebacls and other amounts for which Merchant is liable under the terms of this Agreement will be made to the Account. Merchant may not close or change the Account without written notice to Bank and ETS CORPORATION. Alm:chant will be solely liable for all fees and costs associated with the Account and for all overdrafts. Merchant hereby grants to Bank and ETS CORPORATION a security interest in the Account to the extent of any and all fees. payments and Chargelacks and other amounts due which may arise under this Agreement . and Merchant will execute any document and obtain any consents or waivers from the bank at which the Account is maintained as requesuxl by Bank and ETS CORPORATION to protect its security interests therein. 29 5.17 Credit and Financial Inquiries: Additional Locations: Inspections. Bank or ETS CORPORATION may make. at any time, any credit inquires which it may consider necessary to accept or review• acceptance of this Agreement or investigate Merchant's deposit or Card acceptance activities subsequent to acceptance of this Agreement. Such inquiries may include, but are not limited to, a credit and/or criminal check of the business including its proprietor, partners, principal owners or shareholders or officers. Upon Bank's or and ETS CORPORATION's request. Merchant will provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements income tax and business tax returns and other financial information ns Bank or ETS CORPORATION may consider necessary to perfomt initial or periodic reviews of Merchant's financial stability and buiiness practices. Merchant may accept Cards only at locations approved by Bank or ETS CORPORATION. Additional locations may be added subject to Bank's or ETS CORPORATION's approval. Any party to this Agreement may delete any location by providing notice as provided herein. Merchant will permit Bank or ETS CORPORATION, at any time and from time to time. to inspect locations to confirm that Merchant has or is adhering to the terms of this Agreement and is maintaining the proper facilities , equipment, inventory. records and license or permit (where necessary) to conduct its business. However. nothing in this paragraph may be deemed to waive Merchant's obligation to comply in all respects with the terms of this Agreement. Bank or ETS CORPORATION. its internal and external auditors. and its regulators may audit compliance with this Agreement, compliance with federal and sate laws. rules, regulations and guidance applicable to the services. Card acceptance and Transaction processing. and data security provisions. including Card Association cornpliance. Merchant will make available its records maintained and produced under this Agreement. and Merchant's facilities will be made accessible. upon notice during normal business ;tours for examination and audit Nothing in this section may be construed to require Merchant to give access to is facilities, personnel or records in a manner that unreasonably interferes with its business operations. Each party will bear is expenses of any audit. 5.18 rllarketine of Non-Bankcard Services. From time to time, Bank may offer to Merchant certain additional products and services which may or may not be related to the processing of credit card Transactions. If such offers are made, Merchant may decline the otters or be deemed to have accepted the offers and be liable for payment therefore. 5.19 Force Manure The parties will be released from liability hereunder if they fail to perform any obligation where the failure occurs by reason of any act of God lire, food, storm, earthquake, tidal wave, communications failure, sabotage, war. military operation, terrorism, national emergency mechanical or electronic breakdown, civil commotion or the order. requisition, request or recommendation of any govenunental authority, or either party's compliance therewith, or governmental regulation, or priority, or any other similar cause beyond either party's reasonable control. 5.20 No Third Party Beneficiary. No other person or entity may be deemed to be a third party beneficiary of this Agreement. 5.21 Severability: Conflict with Network Rules. limy provision in this Agreement is for any reason held to be invalid or unenforceable. no other provision shall be effected thereby, and this Agreement shall be construed as if the invalid or unenforceable provision had never been a par of it In the event of a conflict between this Agreement and the Network Rules, the Newyork Rules shall govern and control. 5.22 JRS Renortine lei form, hat. Pursuant to Section GO50W of due Intenul Revenue Code, merchant acquiring entities such as Bank and third-party settlement organizations are required to file an information return reflecting all payment card transactions and third-party network transactions occurring in a calendar year. This requirement applies to returns for all calendar years after December 31, 2010 and Merchant will receivea form 1099-K reporting Merchant's gross transaction amounts for each calendar year. In addition, amounts payable under Section 6050W are subject to backup withholding requirements. Merchant acquirers such as Bank, either itself or through third parties. are required to perform backup withholding by deducting and withholding income tax from reportable transactions it'(a) the payee fails to provide the payee's taxpayer identification number (TIN) to the merchant acquirer; or (b) if the IRS notifies the merchant acquirer that the TIN (when matched with the name) provided by the payee is incorrect. Accordingly, to avoid backup withholding, it is very important that blerclant provides Bank with the correct name and TIN that Merchant uses when filing its income tae return that includes the transactions for Merchant's business . In addition to the fees set f ooh on the Merchant Application. if Merchant fails to comply with the obligations set forth in this section. Provider may charge Merchant additional amounts determined by Provider and may pass through any additional fines, costs or expenses incurred by Provider. 5.23 Confidentiality. Merchant shall protect all information or other items proprietary to Provider that Merchant obtains knowledge of or access to as a result of Provider's provision of the services pursuant to this Agreement (collectively. 'Provider Confidential Information') from unauthorized disclosure, publication• or dissemination with the same standard of care and discretion Merchant uses to protect similar confidential information of Merchant's own, but in no event less than reasonable care. Furthermore. Merchant shall not use, reproduce, distribute, disclose, or otherwise disseminate Provider Confidential Information, except in connection with the performance of Merchant's obligations under this Agreement. The Provider Confidential Information described in the previous sentence, shall include, but not be limited to, the following types of information and other information of a similar nature (whether or not reduced to writing): scientific, technical. or business information. product makeup fists. ideas, concepts. designs, drawings. techniques. plans. calculations. system designs. formulae. algorithms, programs, software (source and object code), hardware, manuals. test procedures and results, identity and description of computerized records, identity and description of suppliers, customer lists, processes• procedures, trade secrets, "know -how." marketing techniques and material, marketing and development plans. price lists. pricing policies, and all other financial information. The obligations of non-disclosure provided hereunder shall continue during the Term and. (i) with respect to Provider Confidential Information that does not constitute a trade secret, for a period of three (3) years thereafter and. (ii) with respect to Provider Confidential Information that rises to the level of a trade secret under applicable Law. for such period of time thereafter as the Provider Confidential Information shall retain its status as a tide secret under applicable law. and no less than three (3) years thereafter. 30 Terms Below Are Additional Terms Applicable Specifically to American Express Card Acceptance (capitalized terms below not defined elsewhere in the Agreement shall have the meanings assigned in the American Express Network Rules). With respect to participation in an American Express acceptance program, in the event of a conflict behvicen the terms below and other terms of this Agreement. the terms below shall control with respect to American Express transactions only. Merchant shall be bound by American Express Nehvork Rules, including the Merchant Operating Guide: www.americanexpress.com/merchantopguide. A5.24 Transaction Data. Merchant authorizes Provider and/or its affiliates to submit American Express Transactions to. and receive settlement on such Tmnsactions from. American Express or Bank on behalf of Merchant. A5.25 Marketing Message Ont -Out. Merchant may apt -out of receiving future commercial marketing communications from American Express by contacting Provider. Note that Merchant may continue to receive marketing communications while American Express updates its records to reflect this choice. Opting out of commercial marketing communications will not preclude Merchant from receiving important transactional or relationship messagcsTrom American Express. AS.26 Conversion to American Express Direct Merchant. Merchant acknowledges that it may be converted from American Express Card OptBlue program to a direct relationship with American Expresi if and when its Transaction volumes exceed the eligibility thresholds for the OptBlue program. If this occurs. upon such conversion, (i) Merchant will be bound by American Express' then -current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant. A5.27 American Express ns Third Pnrty Benefrcinrv. Notwithstanding anything in the Agreement to the contrary, American Express shall have third -parry beneficiary rights, but not obligations, to the terns of this Agreement applicable to American Express Card acceptance to enforce such terms against Merchant. A528 American Express Ont -Ont. Merchant may opt out of accepting American Express at any time without directly or indirectly affecting is rights to accept Cards bearing Marks of other Card Networks. A5.29 Reload Policies. Merchants refund policies for American Express purchases must be at least as favorable as its refund polity for purchase on any other Card Network, and the refund policy .must be disclosed to Cardholders at the time of purchase and in compliance with Law. Merchant may not bill or attempt to collect from any Cardholder for any American Express Transaction unless a Chargeback has been exercised. Merchant has fully paid for such Chargeback. and it otherwise has the right to do so. A5.30 Establishment Closinn. If Merchant closes any of its Establishments, Merchant must follow these guidelines: (i) notify ISO immediately, (ii) policies must be conveyed to the Cardholder prior to completion of the Transaction and printed on the copy of a receipt or Transaction record the Cardholder signs; (iii) if not providing refunds or exchanges, post notices indicating that all sales arc firer) (e.g., at the front doors, by the cash registers, on the Transaction record and on websites and catalogs ); (iv) return and cancellation policies must be clearly disclosed at the time of sale: and (v) for Advance Payment Charges -or Delayed Delivery Charges, Merchant must either deliver the goods or services for which hlercbant has already charged the Cardholder or issue Credit for any portion of the Transaction for which Merchant has not delivered the goods or services . 31 ADDENDUM TO ETS MERCHANT APPLICATION AND AGREEMENT This Addendum to ETS Merchant Application and Agreement ("Addendum") is made and effective on The following terms and conditions shall be incorporated into that ETS Merchant Application and Agreement, between Indian River County, ETS Corporation and Merrick Bank, dated (the "Agreement"). If there is any conflict between the provisions of this Addendum and the Agreement, the provisions of this Addendum shall prevail. Section 4.01— Term, is deleted and replaced with the following: "This Agreement will be effective once Bank and ETS CORPORATION accepts it and, unless otherwise terminated, will continue for three (3) years with one (1) automatic three (3) year renewal, unless Merchant provides written notice of non -renewal given not less than 30 days before the end of the term." Section 4.02(a) — Without Cause, is deleted and replaced with the following: "Bank or ETS CORPORATION may terminate this Agreement, without cause, upon 30 days advance written notice to Merchant, and Merchant may terminate the Agreement on 60 days' prior written notice to Elavon if sufficient legislative appropriation is not available." Section 5.03 — Indemnification, shall be amended to conclude with the following sentence. "The obligations of this section shall only be to the extent set forth in section 768.28, Florida Statutes." Section 5.08 — Security Interest, shall be stricken in its entirety. Section 5.14 — Choice of Law, Jurisdiction, is deleted and replaced with the following: "This Agreement shall be construed, governed and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees in any dispute arising under this Agreement." Section 5.23 — Confidentiality, shall be amended to conclude with the following sentence - "This section is not applicable if disclosure if required per Florida law; provided, that if Merchant is required to disclose Provider Confidential Information per Florida law, then Merchant will, if permitted, provide Provider with prompt prior written notice of such legal requirement so that the Provider may seek a protective order or other appropriate remedy. If Provider does not obtain a protective order or other remedy, Merchant agrees to disclose only that portion of the Provider Confidential Information which it is legally required to disclose and to use reasonable efforts to obtain assurances that confidential treatment will be accorded such Provider Confidential Information." ETS Corporation: By BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FL By: Signature Bob Solari, Chairman Approved by BCC Type/Print Name Attest: Title Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Jason E. Brown, County Administrator Dylan Reingold, County Attorney 32 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT BCC Meeting 01-15-2019 Date: To: January 07, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Tanya Huff, Acting Director of Library Services Subject: State Aid to Libraries Grant Application and Agreement BACKGROUND: In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must execute a grant agreement and required documents approved by the governing body and signed by the Chairman. On November 20, 2018, the Board approved and the Chairman signed the documents for this year's state aid grant cycle. Upon receipt of the grant agreement by the Florida Department of State Division of Library and Information Services, they informed Indian River County Library Services staff that the State had experienced a delay in getting revised forms uploaded into their portals. Consequently, the form downloaded, submitted and signed by the County was not the updated application form. Subsequently, the State emailed the updated grant agreement and requested staff to resubmit. DESCRIPTION AND CONDITIONS: County staff is now resubmitting the State's current Grant Agreement and Certification of Hours, Free Library Service and Access to Materials. The State awards the grant based on past performance. The State Aide to Libraries Grant awarded to Indian River County Libraries in 2018 was in the amount of $100,798. In order to be a recipient of funds, the Grant Agreement requires Indian River County Library System to provide free library service, including loaning materials free of charge and providing reference and information services free of charge. The Libraries must provide access to materials and information and services for all residents of the area served; and to have at least one library, branch library or member library open 40 hours or more each week FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the updated Indian River County Library System State Aid Package FY 2018/19 with an estimated grant award of $100,798, and authorize the Chairman to sign the Grant Agreement and the Certification of Hours, Free Library Service and Access to Materials, and return the package to the Library Services Director. Library Services staff will transmit the partially executed agreement to the State for final signatures. Upon receipt of the fully executed original agreement from the State, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHEMENTS: State Aid to Libraries Grant Agreement Certification of Hours, Free Library Service and Access to Materials Indian River County's Grant Form APPROVED AGENDA ITEM FOR JANUARY 15, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C80E9727\@BCL@C80E9727.doc 33 19 -ST -21 Indian River County Library Indian River County STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County Board of County Commissioners for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Indian River County Board of County Commissioners for and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2018-19 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local funds expended during the second preceding fiscal year for the operation and maintenance of the library. For this grant, the local expenditures shall have been made during the period October 1, 2016 - September 30, 2017. In order to be eligible to receive the grant funding, the Grantee shall manage or coordinatefree library service to the residents of its legal service area for the period October 1, 2016 through June 30, 2019. The Grantee shall: • Have a single administrative head employed full time by the library's governing body; • Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; • Provide access to materials, information and services for all residents of the area served; and 34 • Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement. b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: ■ Payment will be an advance in the amount of 100% of the grant award for the period October 1, 2016 through June 30, 2019. The Grantee will: o Have expended funds to provide free library service during the period October 1, 2016 - September 30, 2017; o Provide an Expenditure Report and certification of Local Operating Expenditures for the period October 1, 2016 - September 30, 2017 only; o Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant funds shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on full-time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non -Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2. Length of Agreement. This Agreement covers the period of October 1, 2016 to June 30, 2019, unless terminated in accordance with the provisions of Section 28 of this Agreement. This period begins with the start of the Grantee's second preceding fiscal year (October 1, 2016) and concludes with the end of the State of Florida's current fiscal year (June 30, 2019). 3. Expenditure of Grant Funds. Grant funds will be used to reimburse a portion of local funds expended by the Grantee during their second preceding fiscal year (October 1, 2016 — September 30, 2017) for the operation and maintenance of a library and shall not exceed the amount specified in Attachment B. No costs incurred after the second preceding fiscal year shall be allowed unless specifically authorized by the Division. 35 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Ms. Anne Shepherd, Director Indian River County Library 1600 21st Street Vero Beach, Florida 32960 Phone: 772.770.5060 Facsimile: 772.770.5066 Email: ashepherd@irclibrary.org 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2018-19 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be an advance in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (form number DFS -AI -26E, rev 6/2014), incorporated by reference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myflorida.cfo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. 36 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the library failed to perform the minimum level of services. The prorated reduction will be in the same percentage as the percentage of time that the library was not providing minimum level of services. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, webpages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, which is administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (dated February, 2011), incorporated by reference, which are available online at mvfloridacfo.com/aadir/reference guide. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 37 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state fmancial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's Reference Guide for State Expenditures (dated February, 2011) (myfloridacfo.com/aadir/reference guide), incorporated by reference. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close-out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five- year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 38 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 39 21. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 40 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 41 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential. violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act (8 USC 1324(a)), incorporated by reference. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (ada.gov), incorporated by reference). 42 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2018-19 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Grantee: By: Chair of Governing Body or Chief Executive Officer Typed name and title Date Clerk or Chief Financial Officer Typed name and title Date Department of State: By: Amy Johnson, Director Division of Library and Information Services Department of State, State of Florida Typed name and title Date Witness Date 43 ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State 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 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 200.90, 200.64 & 200.70 as revised. i. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non -Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised, will meet the requirement of this part. ii. 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 2 CFR 200.508. 44 iii. If the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1), 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 after June 30, 2016), 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 Executive Office of the Governor and the Chief Financial Officer; 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 the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 45 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending after June 30, 2016), 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 ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the 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). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Depaltnient of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, 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 Sections .320 (e) and (f), OMB Circular A-133, as revised. 46 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 99 0 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Depai tinent of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, 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 the Department of State, or its designee, CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. 47 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number 45.030. Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at https://apps.fldfs.com/fsaa/. 48 ATTACHMENT B [Fiscal Year 2018-19 State Aid to Libraries Final Grants] 49 19 -ST -21 Indian River County Library FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Hours, Free Library Service and Access to Materials The Indian River County Board of County Commissioners governing body for the (Name of library governing body) Indian River County Library (Name of library) hereby certifies that the following statements are true for the time period October 1, 2016 through June 30, 2019: • Provides free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; • Provides access to materials, information and services for all residents of the area served; and • Has at least one library, branch library or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system). Signature Chair, Library Governing Body Date Name (Typed) 50 GRANT NAME: State Aid to Libraries GRANT # AMOUNT OF GRANT: $100,798 Estimated DEPARTMENT RECEIVING GRANT: General Services / Library Services CONTACT PERSON: Tanya M Huff TELEPHONE: 772-770-5060 1. How long is the grant for? One Year Starting Date: October 1, 2018 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 5. Grant match amount required S 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years" R N/A Signature of Preparer: .79, rte, Date: I�R Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ .$ $ Signature of Preparer: .79, rte, Date: I�R CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: January 3, 2019 RE: TRG CFG Project IV LLC's Request for Release and Replacement of a 25 -Foot Wide Conservation Easement on Lots 34-46 of Huntington Place Subdivision It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of January 15, 2019. DESCRIPTION AND CONDITIONS The County has been petitioned by TRG CFG Project IV, LLC, owner of lots in Huntington Place Subdivision and 9.75 undeveloped acres at 6155 61st Street west of and adjacent to Huntington Place, for release of a 25 -foot wide conservation easement on Lots 34-46 of Huntington Place. The purpose of the easement release request is to facilitate design and platting of the adjacent 9.75 acres as Phase 2 of Huntington Place, on which a replacement conservation easement of comparable size (0.69 acres) to that requested for release is to be established (see attached maps). The conservation easement proposed for release and replacement was established when the first phase of Huntington Place was platted to meet the County's native upland set-aside requirement (County Code Section 929.05). The proposed replacement conservation easement will meet the native upland set-aside requirement. ANALYSIS The 9.75 acre property has received County preliminary plat approval as Huntington Place Phase 2. Phase 2 consists of stormwater and landscape improvements (no new lots), including the proposed replacement conservation easement ("Tract K"), which will cover restored native uplands comparable to the easement area requested for release. Release of the 25 -foot wide rear yard conservation easement on lots 34-46 and replacement with Tract K of Phase 2 is consistent with the approved Phase 2 preliminary plat. The applicant is to record the replacement easement, subject to County Attorney's Office approval, prior to or concurrent with County release of the 25 -foot wide easement on the lots. The request has been reviewed by the County's interdepartmental Technical Review Committee and by the County Attorney's Office. None of the reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release (and replacement) would have no adverse impact to the subject property or to other properties. 52 TRG CFG PROJECT IV, LLC Release of Easement Page 2 RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the 25 -foot wide conservation easement described in the attached resolution, subject to the replacement easement described herein being recorded prior to or concurrently with recording of the easement release. ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. ease.bccmemo proj./appl. no. 2000070032/83169 53 HUNTINGTON PLACE SUBDIVISION — PHASE 2 PRELIMINARY PLAT SECTION 17, TOWNSHIP 32 S, RANGE 39 E - INDIAN RIVER COUNTY, FLORIDA CNM�n 21.72' rir EENCtIVARX MAI.21.77 • ... iushII -a.[ 4. e� r mAtT J Cy 9 9E r TOP NAL. P S AVE7�rttE kqT p WAY 196..S T` TRACT14.. warm ex, rJfm ATI ii at warmexm, u.tewK b.a —_ __ _ I ..�...� -, r,......... ..— —fit. —.. �...--..1�-- _ - !' ..061-- '&6 ..—..,..�. ... —AAA— CT im R 1 tier2. V• OAA mmuOAK t . - e,ar I'_'"°.pt4.T'.M+x' . 11 S g i 73i titiv"ti _ rt)p n1 l ? I q �{ % IS -( t. - - 1 h N�1 Fi tt g j l s' :l.:.!i.'f04'. — cci 3 a II1•G61,. _-- �.�� aoar•.r.- eie 'MK TRACT 74' TS inearart WO AU rm m• .y i- .•`- _ t ' 11 tl I J U 11 I u _ - gyp: ; ,,� ` ._._ r �r :1 /7/)!!!; N 1 ,' a M wnA,,1 (1 40 ' tTlL G int. l/ // F - = -77" ---- -- - - _ � , 1 ..1.�, ► < ' + g• "j ^t s r 4" xF5 -zter L� --- 1r-' e3 !v , . i ssvunu°. 1Ki S }r fi ZAP I,�/ �v I� $ ill / ` \ \ , i mrti __� I ' t I r-----' _-1 I r' i i i , / `. Isi'F4t 0 1 ' t I 1'1 i met hlp mc, mom* mom I.,...., Ar !0 + 1 1 +/ ) \ \ 122 Oji ,Jp�/f If ( I r ) 11 1` \ 1 1 �I + r2/ /7 / 1 ,-1 is 1� \ '11'j: iI I 10 , 11, i, I I i. 1+w i i lJd t I i 117 Il \ _' s , !!0 i IFyt i 1 'u 1 �� ll8 v'p�, rf , T+ 1 ( i / / { �f' ��q.IrA/f •.i s i 4 1 i 1 \+r twhriU M i i A. .s. hr!• , ii 11 i r4.— aPitr2r) GRAPR1C SC 818 1 r r - T tut) 11 54 HUNTINGT©NPLACE BEING A REPLAT OF A PORTION OF TRACTS 1 AND 2, SECTION 17, TOWNSHIP J2 SOUTH, RANGE .59 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2 PACE 25, PUBLIC RECORDS OF ST. LUC/E COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 1)) NOTICO NO covsmuceme TREES OR SHRUBS NOL BE PLACED .4 EASEMENTS MA7007 71'01.1.77, APPROVAL. .9)) {87749" THERE MAT OE A0NO0/AL 075700: MONS RMT ARE NOT RE'OORDED 04 IMS nee met tier BE ramp W TM P40/C RE07405 OF 1TR5 COUNTY. J) MOOD 00779E .VAN707411E (CO MON FIC €TG) OF (AmiA75 emu OE TUE RESPONST UTT OF INE w960107175 ONNER(S) AND Nor TROJAN TOMER COUNTY. 4) NOTIOD 7745 PLAT. A5 WORDED N ITS MAMMAL TLR*C JS DC °g7044 0EPIGTTOV LY THE S*90MA0D LANDS M5068*D HER M AND TALL M NO LYRCOX57ANtt5 96 APPT.7TYED W AMTNONTr7 BY ANY OTTER CUPRIC 01 0074L row 0' 771E *RA7 THERE NAY OE ALWITICYK RESTRICTIONS leer ARE NOT /OrsALL4111 ON TINS PLAT THAT NAY 81 recto M 714• P *7410 5ECO4O5 OP' 1166 COWES 5) 470001." MO 9010170 PERMIT WU DE MED TER ANY PROJECT ON A LOT MORN INNS SMBO4l9OV LN4E55' 4.)D UNTIL THE APPE*CAIIT 0 1 THE APPLICANTS SUOCFSS[R OBTAINS AN AM7ML ARO ANAL EY.3MOABPf7[CT CER707C42E TOR 77C PROLE! OR KNOW 0 THE 9001.17' r0T MRN A 87.61741. MIDDY IS ROOM: 15111421 RAPE WPM DOES Nor DATRANTEE THAT ADEQUATE CAPACITY IML EV57 A7 DIE TINE 247E APPLICANT OR .49906 NT5 SuCCESSON C*DOSE 70 APPL7 TER AND WAIN SUCH A C01Y.VIRENCY CERTMTCATC 4)14017C0 001ENANT5 RES1RYCH0N5 OP RESERYA00VS AfTECONC THE ONNER90P OR NTE 2 F 0' INE AO' 960*RTY5Lf0RT4 TN MS PLAT ARE REED IN OFFICIAL 06OO40 ROW 470 SA715 RIBUC MOORED Of MOAN RMR MANN: 0715.715 71 NORCO PROPERTY OMRRS ARE PROW= FINN PLANTING ANY CARIBBEAN FRUIT FLYIR INT SANE If �T 47YY GUAVA. AMt ° NAR). 8NAPP M�61575 12157ONE X1 75 ETTOR ECI E DATE 00-0.-4r) !LOCO 1NSURAA'C' RALE 0) NT MO07oNr4L 744465 SNOW MERTON 0ER TO 174E STATE PLANE COOR0WA7E 5557744 ALIT04 EAST ZONE 11A0 63 AVE AOA152NLNT 0 1990). 00Y7515 WIMP JCR 7795 SORTED ROMAN 1NKR,COOHTY O,P.& J7 AND L;PA 19 20) MASS or emetics Rat RTES AUT 15 pIID MMTN 19EIFRE710E0 TO RIE 11.09706 4.1E PLANE COORDN 17 SKIM EAST ZONE NORTH Ai67OG4N DAM 0' 1983 2950 AAA/5742NT (NAD.6J/D0) AAO 8.1.477) OV INE 41N411e710 EAST LME Cr 527117N a 45 SHOW 7171 REARM BEBIG 719974'09. 7t) 714'467141 ARE BASED CW MOY0 1925 01.E LR10WA7WG 07710S11ED DOWNW4Po7 IS 919601 RAO COUNTY BENCTMARIP Na 79 71747577177 .5' OP NE R.1M".E seer 6 A FELE HYDRANT Ar HIV 6V7ERSYC7701 CF 57th AIEIAE AND 6741 5717EE7 El1VA770* 24.76 NGV.5 7915. 7T) ALL LOT (MES ARE NEW -RACIAL War'55 707ED. CURVE TABLE CURVE LENGTH RADIUS DELTA 01080 01 BEAWNC 7187 104.71 1250.00 4'4159' 104.68 1169'3734"E 7188 102.62 1225.00 4.4759' 102.56 478952 34'7 C91 15.94 1225.00 0'44'44' 15.94 5880649'E C92 106.61 1275.00 4'47'59' 106.78 748957'34'5 C94 34.89 1275.00 1'34'04' 34.89 568.30'28'7 C95 199.02 125.00 09'51'00' 176.55 5445710-W C96 156.82 100.00 8951'00' 141.24 544'57'1017 C97 18.79 100.00 104556' 18.76 5842641'W 7198 734,62 700,00 77108'02' 724.69 54032'41'W C99 140 10000 157'00' 3.40 50100'10'21 C100 53.79 150.00 20.32'47' 33.50 5763617'W 0101 35.66 150.00 737777' 35.56 58304'01-91 C102 18.13 150.00 655'29- 18.12 572.4736'W C103 21.72 25.00 49'46'17' 21.04 586'21'10'1. C104 128.42 50.00 14700'40' 80.92 '5431645'W 0105 32.82 50.00 ')7'36'32' 32.23 48156.30-6 0106 39.37 50.00 45132'32' 39.30 556.43'57'44/ 0107 56.30 50.00 64.3044 53.37 5'0t57, . '14 1009 18.54 25.00 4730'04' 18.12 501'0517"W 0109 54.88 150.05 203745" 54.57 510'30'33'W 0110 42.36 425.00 5'42'38" 42.54 502'49'39'E C111 39.87 400.00 5'4738' 39.85 50749'39'6 C113 12.73 450.00 1'3279' 12_13 500'44'405. C231 97.56 125.00 44'42'59' 95.10 567'31'11"W C232 98.47 125.00 45'0601' 95.94. 522'35'41"91 ar�+7Ri 4707777 74 SET 64.4. OOMIPFD P.LS. 5243 0 SET IRON 400 ANO 549 STAMPED 19 4444 • SET P.C.P. 6TAYPED PLS. 5243 S - 71011TH N - NOM E - EAST R - PEST 0148. - 0701761 4577000 80* 0 . 0014. R - RAMS AR 4 - 4071 01 - 7147000 0148 - 1:110410 SEAM; 49.71. - 41MANE ANENE C077001A7E 9.RY - PERNM4TNT Rt9L'1RM4 740I214EN1 P.C.P.- PCAN*7RNT 00741404 PONT 7.SJL . 747555904Ai 64147ETOR *740.7449075 ((vN) - RADIAL (NRI . NON RAWAL 78 KAT 60047 PG - PAGE ORE - 17701044 RECORDS 6006 R/13 . 81011-132-1442 04 - CONCRETE 6758ME1T 18 . (141455 07 8125171135 61 - MON ROD 077$ . PRO5E551011A4 LAND 5URVCYO4 66 - 60047 FA - 006706 PONTA a U0147 COURANT M - 1004TIAC*TI0f ID - 67130 SLC - Du700 9677 . PLAT 003K (51. LUCIE COMM PSM - PROFF550NAL 91R1R77 a NAPPER INDIAN RIVER FARMS COMPANY 5U801V1510N PR 2. PO 25 I1 W' PLAT BOOK 2.2 - PAGE j1(C) DOCKET NO I 13)7 l SHEET .3 OF 11 iMK 8457RWERIT NMS PREPARED Sr DAM ' 7471.04 P'OPAfASIE1LER. SIMS ANIL 1. LIMO � r2 COMIC,AIE CFRO% WC. 7855 AU7140lUR0* Ma La 4444 P70YE 777-$64-4050 7Ar 775-704-0647 O R'bVAL DAIC. 6/t4/06 GRAPHIC SCALE t T L 1' "51775015 ' 1)0190' '- SISACC/ COMO SO 4.44' d TORO 5.580 4414 6*03' PERM (RIC JO Rom 6/8157 RAT I4µ4PNY CUDC4 ROAR may moon. 54/00NSI04 f 40715 ROAD/CA.0 */N 61st STREET 744 mom RM- 1 AMA' 010 S0r0450* POT OTCO 15 PC 263 Mot 55` 6770.4900 NOYM 41' RE74MO PER 77051179 7X00 TO IR05R15 DEED 070 7474. PD 756 ORR 7874. PC 1541 CONSERVATIOI1 AMENoN 5 RAY LAR 4641441AM T R 444145 *IRI Cwt4O. 0571707 508-1AI7R.1L cam 4-17 AL 9171 Fur CH 4111111 MALI CAMAS Y 9.61417004 997.96_ I MING BASE \ mN%'RVA1OV R.IBO. 's71.47A7 -.1. 6-64.47 s85704 trN4 35'1 1`[O 33 'C .P.4. M1 '4174 \>.. N. \- 441 7' =RLS LA 94' 91 N < a PRopvSEA MRELEASE �~ 32 1:4 3 1'�rc Ty y TS IIT comma 1 4` (aux. (.1 !, �?ag E - IT 29 28 34 1e ri46.• 101`511. '5771 25' MISMATCH 241004411 .24.66114.:112601.10:. or 000rr-` ei'v- f.5{ SEQUOIA CIRCLE NOT'4J OHO s- Zpy 50•PRNATERIO11r-0S.WAY - 35 ,'S1'M 75050 36 55 72/17/06 PLR COWII'COMMENTS O47T 7 77/77/0* PER COROT COIMONTS MK NO am DESCRPPTION BY PLAT BOOK 2.2 - PAGE j1(C) DOCKET NO I 13)7 l SHEET .3 OF 11 iMK 8457RWERIT NMS PREPARED Sr DAM ' 7471.04 P'OPAfASIE1LER. SIMS ANIL 1. LIMO � r2 COMIC,AIE CFRO% WC. 7855 AU7140lUR0* Ma La 4444 P70YE 777-$64-4050 7Ar 775-704-0647 O R'bVAL DAIC. 6/t4/06 GRAPHIC SCALE t T L 1' "51775015 ' 1)0190' '- SISACC/ COMO SO 4.44' d TORO 5.580 4414 6*03' PERM (RIC JO Rom 6/8157 RAT I4µ4PNY CUDC4 ROAR may moon. 54/00NSI04 f 40715 ROAD/CA.0 */N 61st STREET 744 mom RM- 1 AMA' 010 S0r0450* POT OTCO 15 PC 263 Mot 55` 6770.4900 NOYM 41' RE74MO PER 77051179 7X00 TO IR05R15 DEED 070 7474. PD 756 ORR 7874. PC 1541 CONSERVATIOI1 AMENoN 5 RAY LAR 4641441AM T R 444145 *IRI Cwt4O. 0571707 508-1AI7R.1L cam 4-17 AL 9171 Fur CH 4111111 MALI CAMAS Y 9.61417004 997.96_ I MING BASE \ mN%'RVA1OV R.IBO. 's71.47A7 -.1. 6-64.47 s85704 trN4 35'1 1`[O 33 'C .P.4. M1 '4174 \>.. N. \- 441 7' =RLS LA 94' 91 N < a PRopvSEA MRELEASE �~ 32 1:4 3 1'�rc Ty y TS IIT comma 1 4` (aux. (.1 !, �?ag E - IT 29 28 34 1e ri46.• 101`511. '5771 25' MISMATCH 241004411 .24.66114.:112601.10:. or 000rr-` ei'v- f.5{ SEQUOIA CIRCLE NOT'4J OHO s- Zpy 50•PRNATERIO11r-0S.WAY - 35 ,'S1'M 75050 36 55 HUNTINGT©NPLACE BEING A REPLAT OFA PORTION OF TRACTS f AND 2, SECTION 17, 'TOWNSHIP J2 SOUTH, RANGE J9 EAST PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDEDIN PLAT BOOK 2 PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. I iI/ 57AMPED vls 5743 o SET 091 000 AND CAP STAMPED Le 4044 • SET P.C.P. STAMPED P/.6. 5743 S - SOUTH N - NORTH E - EAST W - REST 0T104.1. RECORD 800R A - DELTA - RADIUS . ARE 004D - CNOR0 KEARNO S.P.C.- STATE PLANE 000000487E PAY.. PERMANENT REVERENCE 0941141ENT P.CP. • PER4tAMEN1 COMM PONT P.S.M. - PROIE5904AL WIMTOR AND MAPPER (R) - RAOAL (NR) - 00N RADIAL Ire - PLAT DOW PC - PACE ORB - 0TT10Y REC91D4 BOON 0/11 - ROUT-Ol-RAT EN - CRYCREIE 14071111041 Le - 4CSJ,SE 9' WORMS 0 - 700N R00 PLS - PRO7E59004 LARD SWVEW7R BN - BOON (PL . ROMA P041ER N LENT COMPANY W - IDENR(4CATION TO - (OMR SEC . =M314 PBS - PIAT 0007(ST. 4877E GGVN7'q S6 0872 0 188T70 77 Dm. 4,1 NOME NO 4004• TRESS OR WOOS TM 8E PIA= M CAR10173 1N7N0 7 2) WPM 081(0NAT DE Ammo!. RESR4778040 NAT ARE oar R(C6REED DN 7762 PLAT DEAF 14As 6E /0161'✓ 44 11E MEM ACCORDS 0' Das COUNTY. 3) NOACO ROU7ME 4WMIFNA7Ri (E0 MOWING E740) Cr 183067473 SWAT! Bt' 715 RESYKW564l1Y 0P 7/E LOr/PROP[RTE mon) AND 0104 NOAH RI10R COf971 4) NOTTOC Das PLAT. AS RECORDED M 473 ORAI{K:01. RWv, s INE 077048. 0514777174 0' 714E 1IJ3O'WOED LANDS OESCRIBID 150584 AND 1101 N NO A4QMISIANf C 8E RNPLANTE0 M .447NOR777 8r ANT. ODER 108000 OR DQrAa F0P41 CR o.4' PSAC. *144 OF (OU 6 1R RE IB 1C RECORDS Of DOS�TE CCRDCO an 7115 PLAT 7NAr 6) NOTTEC N0 618107478 Rana IOU. 80 (SS1ED 90P ANY RRO EC7' 0/ A LOT 6177641 1765 SU604761OA 4648657 ANO 4077 7116 AMMAN! 0R DE APPLICANTS 58W0S'07 COMM AN 7NDA4 AND ANAL 4G4044187Ac1 CER1l7C47E RR TM PROA'Cr 0P P01710N Ca' 176 PPM/MT/TN *RCN A 111.416ENC76086713 SOIGNE ROAN RIVER COUNTY oCES NOT 40MRNi7T0 THAT A0EOLIA5 CAPACITY NU [MST At 77@ 780 110 APP(414 8 0R APPLICANTS r0 St/7ESSOR CHOOSE TO APPLY FOR .4CROW0 CRM SUCH A CONL119406774 66)) 7."3 P.''Ns 804 =EXAMRESR4C1471$ 07 R75 187ArrowDfw O/S Arrow 170 OI4ER9OP 0) 7,1 K PUOUC RCCGPDSNotiN 1445 S 00 01101 440 RECORD 800X NO. 7 4077.50 PROPERTY ONNERS ARE PROM= M204 PLANTING Mr CARBBEAN Mur HEY NOSE MANES AS SPE077E11 MENEM AND ARE REDL6REO 70 9576040 1140 SAME ANY 547373 GAMER 0718414 COP/O/ 041,41. LOWA0 ROSE AMIE AMA SERMAM L201MY, 6)11000 NALl2 264E X RN DE PRAM' 915 45 805[0 GI FLOW a(StRANC1E RAA LSM NL1BER 84.40 00B6 a EITEYRK OA 4'r 05-04-07. 0)11C NoRTZEWIA4 RAPES 9/000 NERECW 9WEN443 TO 714E srAA PLAN'[ C4gP0WAA srs77l AORLTA LAST 765 NAO 03 (NOS AOAtST64FNT Of MO - CONTROL WWII)7/ FUR RIS 91457: MOAN MIER OOUN4Y OP.S .11 AND CP.S. J6 10) OARS C775IVIS PLAT D NONORMR*EAEN0£D TO PC ROCDA STATE PLANE 15771.4 44577 GO ZONE MORIN AN TR ICAN DATUM Or 156.1 1800 A600SO4011 (40 6390) 7E AND PASO) 5 ITT REARM IttaND NE954 '0 4T 110 MLWUEN/E0 EAST UNE 0t' SECTION 8 AS 17) 4EVAOGIS ARE BASED 04 146.1.0. 7929, )NE CRIGWAT1180'P431)96D 8040MAPo1 1S VIDIAN *0070 COUNTY BEN04URN NO. 1A 01815777 X 0/ 141 1)495060.4004 FIRE NIYORANT AT NR MTE4SEC77771 64' 560 AVENUE 4140 6701 S7RQ7. 11(1800( 24.76 N.OVA 1839 72) A4 LO! VMS ARE /#W-RAOAL LNYE55 N07LO. CURVE TABLE CURVE LENGTH RA01US DELTA 04000 .CJI BEARING C110 42.36 425.00 5.42'30' 42.34 502.49'39'E CI12 44.85 450.00 5'42'38- 44.83. 30219'391 C114 32.72 450.00 429'59' .32.71 50335'59'E 0115 249.17 1250.00 117516' 248.78 100091'40'3 C116 140.83 1250.00 677'79' 140.76 N027719'14 C117 108.34 1250.00 49757' 100.31 41031570'5 C118 244.19 1225,00 1175'16' 243.70 N0091'40-0 77119 22.84 1225.00 1947)' 22.94 440598'47'W C120 80.11 1225.00 3'44'50' 80.10 X02'4410-14 0127 80.02 1225.00 3'44'34- 80.01 140190'321 0122 61.11 1225.00 25179' 61.10 840418'341 C123 94.58 1275.00 41501' 94.56 8403'3378'W C124 38.33 25.00 9750'47' 34.69 845113'44'E C125 43.68 25.00 10098'14" 38.33 54120211Y C126 56.59 1275.00 272'35' 56.59 84047827'5 0127 51.73 1275.00 21978' 51.72 140471'271 C120 4.86 127500 01397 4.06 8405'37'451 C129 97.77 825.00 6'4T25' 97.72 N5772'381 C130 94.81 800.00 6'4725' 94.76 8487-22'381 C131 90.55 800,00 Q79'07 90.50 4/0713'29"5 Gua 4.26 4800.00 01518' 4.26 585022'.8'/ 0133 100.74 850.00 5'4725' 100.68 99772'381 C134 73.75 850.00 4'5815' 73.72 448818231 C135 28.98 850.00 1'49'10' 26.99 X8951'46'1 C140 5.88 400.00 050'31' 5.88 60519'03'W 0216 53.10 75.93 409730' 52.10 747011'30'5 0217 47.89 70.00 391220' 46.97 4879'43'54'E C218 50.99 67.82 4394'47' 49.80 141728'39'W GRAPHIC SCALE I 111731'J4 62 37 4Ld' 25' 604740187011044 (A5114N7 1'54' 4224.41.1t. E45CMNT Pr-oPoSeP rut 6EAE 38 S' 4'l DOERS PLAT BOOK 22- PAGE LPAGE 1 DOCKET NO 1i131 I7 SHEET 6 OF 11 2 12/12/96 PER 001477/7 0014480173 0411' NO 11/17/00 DATE PEW GOIMTT 00448114tS DESCRIPTION 01 7365 INSTRUMENT WAS PREPARED 8Y DASA TA1780R 1EW MA574LE7E AMER REED tit TA nGC 9440 7155 !ITN STREET. 5117E L 1ER0 1[.490 1T. 05747470450 or 4417401L474E6NR 48 4444 "Oa 777-564-0050 PAR 772-704-0647 MONA! 0110 8/44/06 6400' N77.4476 W DPW' Ne2TS2617s16o7 64'' its OW ltbar NAarM/AYr MA709DE 8714314 le 'a6'* 9442' NeP'42'Hi` 116'53^'. wA �5o -- ---- a5sn'ss .52.1.7111:42.6..24L' 123 0 04 6q1 F4 4'04' G Ur 7641 0243' Y W •Eu' $sm 48111 `4§ 39 t0' oTU7Y In ( 76) �.J N 01131`54' N 167. 1 1i" 77 MAN MTA WAY TAY-- ITA ailw'- Of PR TE WOM43F-WAY 11_6211_54:1,4164. 4y 41 h .Lela.: rEly _ ten.emscounto 42 -- IL 8 x Ix %.t.1 126 128 0' �« 6 127 �� r4�m.NA F�E110'88ANA1 is'9 (001771 1 i SENdr $1$ II J7Y----- _--- 4853( YAtPSRE SPRIT • 11OttiltAa .MTENANOL EASCMEN7 N 87 131 • 10 0487687[ _ [4aN[Ar 768706601 y, 1717 56 HUNTINGTONPLACE BEING A REPLAT OF A PORTION OF TRACTS 1 AND 2, SEC17©N 17, TOWNSHIP 32 SOUTH, RANGE .39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY'SUBDIVISION, AS RECORDED IN PLAT BOOK 2 PAGE 25, PUBLIC RECORDS OF ST. LUCYE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. I NORM 140 OCTISWTRUCCROL ORIS O4 909005 BRE 6r PLACED N CAS[M0NT5 11.4(X41 1Y APPROVAL. 2) /aD71EL` RKRE NAr 95 4 ;HEROIN. NESTRICROYS THAT ARE NOr 415CR7DE0 OR ORS 'LAT THAT NAT t6' FO71M! N DIF 1800✓( R7''pP7d5 OF DRS C0A,N72 _ BE PT5 RESPONSIBILITY Off LOT/P'RCRCR5' OWER(S) ATIO NOT YWO'.W MIER C 6471.. OT INC 5U&RED NOLAMS O[SCRTI3E0 HMREM AND NOl NO CIROMISIANCFS 8E i1a* SLPPUM7E11 N AVENOB'T7' 85.405 07NER 754154!715 OR TOTAL 50R1 OR 776 PUT. MERE NAY 6E.40Ot70YA[ RESTRICTIONS DMT ARE NOT RECORDED ON DRS P447 DMT MAY 6E ROUND N D2 P65810 RECORDS CR OGS =MY. 5) RIOT70E NO 81RLON5 PERMIT INCL IA LSSIILD TOR ANY mono OY.4 LOT 111144/ MRS SUEOMS00 MUSS AND 7N1R. 1M A 84.10. NT M DK APPLICA447Y STM OR,, GOWNSco KARON 180,807 TLR 1408041 AN INITIAL MD A BLOOM ROME CERTITICATE 5 T MAN (ITY DOES N07 ORARN47)' MAY 4050147E OVAOTY RRL COST AT 704E ROPE 17f* APPLICANT OR APPLJGtNr'S SUCCESSOR 5)4005)' TO APPLY TCB ANO OBTAIN SINN A 00NLT0MENCY CERTNOTICE =MUTTS, RESTRICTICHS OT IFICATE 6)�gp=ERTr _ _ CRITLERSNIP OR 11113 PATE L'R'S4 SPORN NEWS Y MED M �rr CCRO ROM 6 1. WO' 7T) N07100 PROPERTY OWNERS ARE PRO BITE0 TROY MARTINO ANY CARIBBEAN FLIRT FIX NOSE PLANTS AS SPEaTED 74ERf1Y AND ARE REOIXRLD ID REMOVE 704E SAME C ANY COSTS CATTILY GUAVA COWAN GUAVA LOMAT.. ROSE APPLE AND 5A4NAN ,S)11.00D NAIARO I0K X F0L 1M PR0£CT STE 45 BASED ON 75000 GAW7ANCE RA1E LOP MdBFF 72477(0089 45 ET8MIDE OATS 06-04-89. 0) THE' HORIZONTAL VALUES SHOWN 41541(M RESER TO THE STATE PLANE (4CRONA IE SKIM TLOR7OA EAST ECRL NAO 62 (NOS 403J5IAOWTT Ci T990). CON7ROL U7LIED FOR DIS SLAM)! NOMAN RAO COUNTY CRS. 37 AND ORS 35 1D) 8495 OF 8ENTOKS (071 705 RAT LS 0170 NORM RE1ER£NK0 ID ME li7R1DA STATE PLANE (OOR7NA7r snot UST 71545" MRM AIIRIC4N 0ATIY Or 7883 1990 A4R15TNEN7 (RAO MAO AND RASED 74 INE ITOMINM7)0 CAST INE Of WOODY 6 AS 940018 174' 85541940 8E7545 418854119'4 71) ELEVATIONS ARE BASED OR NAVA 7929. THE OR9C8841040 PVBU90'D 85N06MRK 75 NO94N MEP =WY 6CNOeMRR NO 19. 0091M 7` ON NE TLANCE 8727 07 A TIRE N)ORANT AT NW N*ER5EC77ON OF 588 MOM ANO 6144 STREET' ELEYA17124 74.78 N.87.0 19229. 12) ALL LOT LINES ARE NON -RACAL UNLESS NOTED. WR G4 l Fog lketEAse uV CURVE TABLE CURVE LENGTH RADIVS DEL1A CHORD CN OEARIHC C136 42.36 425.00 5'42'38" 42.34 502'52'59"54 C137 44.85 450.00 5'42'39" 44.83 502'52'59'0 0138 39.87 400.00 5'42'.38" 39.85 S0252'3919 5139 33.99 400.00 4152'07' 33.98 50227'43'W C141 197.79 135.00 90'39'4C 17.7.80 5451.'75')' C442 158.24 100.00 142.24 5451612"E C143 .10.13 .9939'44' 100.00 5'46'17' 70.13 502'52'28'( 6144 136.27 100.00 79'04'42" 125.97 S44'48'58"E C145 11.83 100.00 6'46'45' 17.82 58714'42"E 5146 54.19 150.00 20'41'57' 53.90 5101918'E C147 33.96 150.00 12'5817" 33.89 50927'29')' 0148 70.23 150.00 7'43'39' 20.22 S19'48'27'E CI49 21.75 25.00 49'50'54' 21.07 740400'05'E C150 123.36 50.00 14121'49" 94.37 54355'55"E 5151_ 33.13 50.00 375751' 32.53 507'44'04'0 C152 41.67 50.00 47'4513' 40.48 S35'05'287. 6153 48.56 50.00 55'38'44' 46.67 598 47 77'E C754 6.37 25.00 7416'07" 6.35 565'32'51'0 C155 2157 2.5.00 54'01'19' 22.71 58515'27'0 0156 56.59 150.00 27'36'57' 50.25 579'49'38"E C235 97.79 123.00 44'49'29' 95.32 522'23'03"E C236 100.00 125.00 453018' 97.38' 597'42'55'( O T F.N. SOAPED P.L.S. 5242 SET PCF OA AND CAP ST UI LB 4644 •S • SCUM N - NORM E - EAST 70 . 0551 O.R.B. • OFFICIAL RECORD 6000 8 - DELTA R - RA058! A • ARC CN - 047550 049 - 150010 6141916 SP.C. - STATE PLANE CCORDTRAIE P. R.8. - PE64M(21I REFERENCE MDRUNENT P.C.P. - PERMANENT CONTROL Ped 54.SK . PRORL954AL 5URYE401 AND NAPPER (4) - 410164, 7(147) • 601 RADIAL 'PB - PLAT 9000 PO • PACE ORB - 017104E ACCORDS BOOK RF1f - RION7-Or-WAY OA - CONCRETE 00NU4ENT LB • LICENSE Or ROSINESS R- NON R00 R.S • PROIES90N4L LAND SURME70R 91 - 8000 EPL - FLORIDA PURER A 81047 COAPANY N - 70EN127G1110N 7D - FOUND RC - sECTION PDS • PLAT 8000(51. LYSE COMM /CHIA(5 SHEET 41 !! 893854' W 157.44' S 3 43 t�84' W 10.70; 44 n4.4'5 757.78'' 45 1IC77^yADA[ 590. 46 25' 0043L6VAMN (45OIEN7 '51.0 6.48002 L-88.15 540.01.)49- ;.N •-r e 6 /4 L RVIM2N's q'L' REARMS .5 124550/06 PER CORM CONVENTS 0047 17/11/06 PER 079417 OONNEM75 . CES1218,1)794 GRAPHIC SCALE 1 7 4 S PLAT B00K PAGE 551 DOCKET NO 413r17 SHEET 9 OF 11 DBS OISTRURIEN7 WAS PREPARED 417 BAND rAN.M .7 ITA57EupL MDIERR, RCTD 41 7Ay45 16.) 7M S7RLET, SLATE 2, 1160 DUCK. FL. (PRI AU77MYIIA17O6 NO m 772-584-8030 FAX 'OSCARAL DATE 8/74)08 IWO 8'6913'39-E n WNW' W 21.P7s LIEDE'J4- W E1J6 53181'G vNY d '�'> Tib L-- INRf A^ 4 lilt 807116` 8TATO-' S 897$86` W 1801-812$28` 894$28 ` W 871 tt / i ARAN,J,C I .�' EAiEV1Nr ii EASBrENr 134 S895333'8 321 10 SICOWER 1' TRACT 1 P) 135 I! 136 137 5 qr • 7180610 40.06.4.4, ORM SEQUOIA CIRCLE -- PRNATERIGNT-OPN4AY 1869 4941_ 48 4, 49 Ly77 {l' -------- "946`"------- 25 CO/SMARM 645666x1 e3Q{- 5 6933 53 14 979.53 58953'53"W 999.05' TO TRACT CORNER 51 .86071: „ 01I 11 52 I 43 4_ E696J-531!--- ------- ' CONSERVATION'EACE9)NT - 71400 TRACT 7 INGLAN RIVER TARNS COMPANY SUBDIVISION POS 2. PG 12 60 57 RESOLUTION NO. 2019 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A CONSERVATION EASEMENT (OR PORTIONS THEREOF) ON LOTS 34-46, HUNTINGTON PLACE SUBDIVISION WHEREAS, Indian River County has an interest in a conservation easement on Lots 34-46 of Huntington Place Subdivision; and WHEREAS, property owner TRG CFG PROJECT IV LLC has made application to Indian River County requesting that the County release the easement, or portions thereof, subject to replacement of the easement at a different location; and WHEREAS, TRG CFG PROJECT IV LLC is recording a replacement conservation easement as a part of proposed Huntington Place Phase 2 and the retention of the existing easement, or portions thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement: the westerly twenty-five (25) foot wide conservation easement portions on Lots 34 and 46, together with the westerly twenty-five (25) foot wide conservation easement on Lots 35-45, Huntington Place, according to the plat thereof recorded in Plat Book 22, Pages 44-54 of the Public Records of Indian River County, Florida. This release of easement is subject to the replacement easement in Huntington Place Phase 2 being recorded prior to or concurrently with this easement release, and is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2019, by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2019 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 58 RESOLUTION NO. 2019 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2000070032/83169 Cc: Applicant: TRG CFG PROJECT IV LLC 135 2ND AVE N JACKSONVILLE BEACH, FL 32250 59 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: Final Payment, Release of Retainage and Change Order No. 1 for 1st Street S.W. and 43rd Avenue Intersection Improvements, IRC -1232 DATE: December 28, 2018 DESCRIPTION AND CONDITIONS On December 15, 2015, the Board of County Commissioners awarded Bid No 2016002 to Blue Goose Construction, LLC in the amount of $2,190,962.55 to construct work consisting of the reconstruction of a portion of 1st Street S.W. adding left turn lanes in the east and west bound direction, mill & resurface 43rd Avenue within the intersection, enclose a portion of the Indian River Farms Water Control District Canal within the project limits, and install a traffic signal, four - foot wide paved shoulders, curbing, and a five-foot wide sidewalk along the north side of the right- of-way, signing, and pavement markings. Change Order. No. 1 makes final adjustments to contract bid items resulting in a decrease to the contract work amount by $99,017.48 and a decrease of $87,100 for contract time impacts resulting in a total contract price reduction of $186,117.48 for a final cost of $2,004,845.07. Blue Goose Construction, LLC has completed the project and has been paid $1,847,948.06 to date, with $118,227.56 held in retainage. Blue Goose Construction, LLC has submitted Contractor's Application for Payment No. 11-F for release of retainage and final payment of $156,897.01. FUNDING Funding is available from the following: Optional Sales Tax Fund Accounts Payable Account No. 315-202000 $38,669.45 Utilities Operating Fund Retainage Payable Account No. 471-206000-16504 (release retainage) $1,270.90 Traffic Impact Fees Fund Retainage Payable Account No. 102-206001-05014 (release retainage) $116,956.66 60 Page Two Final Payment, Release of Retainage and Change Order 1 for 1st St S.W. and 43rd Ave Int. Improvements BCC Agenda Date January 15, 2019 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 11-F in the amount of $156,897.01. ATTACHMENTS 1. Contractor's Application for Payment No. 11-F 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JANUARY 15, 2019 61 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BOOEAA8D\@BCL@BOOEAA8D.doc SECTION 00622 - Contractor's Application for Payment 1st Street S.W. and 43rd Avenue Intersection Improvements Application for Payment No. 11 FINAL. For Work Accomplished through the period of 7/1/2017 through 9/28/2017 To: Indian River County (OWNER) From: Blue Goose Construction, LLC (CONTRACTOR) Bid No.: 2016002 Project No.: 1232 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): $2,190,962.55 $(99,017.48 $2,091,945.07 $2,091,945.07 100% of completed Work: 0% of retainage: $ Total Retainage: I0 6. Total completed and stored to date less retainage (4 minus 5): $2,091,945.07 7. Less previous Application for Payments: $1,847,948.06 8. Less Contract Adjustments $87,100.00 8. DUE THIS APPLICATION (6 MINUS 7 & 8): )156,897.01 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - 1 C:\Users\ghampton\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FXOSLOHM\00622 - Contractor's Application for Payment No. 11 FINAL.doc 00622 - Contractor's Application for Payment No.69FINAL 2. Updated Construction Schedule per Specification Section 01310, and Dated /f /r By: STATE OF FLORIDA COUNTY OF INDIAN RIVER (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title / ViCe ,r16 dl.,J t� / ?'n4 690176i- r . 6e Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Zo 4 EA 4 Seo 11 #' being by me first duly sworn upon oath, says that he/she is the Qub+)we 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 statemens contained herein are true, co ect, and complete. Subscribed and sworn to before me this 301 day of iVo%ivt4et , 20 1 K. ID du -14.1 See fi fIocmi is personal) known to me or has produced as identification. (SEAL) NOTARY PUBLIC: Printed name: 54 -hi WILSoa Commission No.: C, /'f v./ 9 Commission Expiration: 9'/l as a a/ *******************************************************************************AAAA RA*** [The remainder of this page was left blank intentionally] 00622 - Contractors Application for Payment No. 61INAL 00622 - 2 C:\Users\ghampton\AppData\Local\Microsoft\Windows1INetCache\Content.OuticoklFXOSLOHM\00622 - Contractor's Application for Payment No. 11 FINAL.doc Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Deidre Ann Sullivan, Joseph D Johnson Jr, Francis T O'Reardon, Brett A Ragland, Joseph D Johnson III, Kanani Cordero, Individually of Orlando, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be.signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of November, 2015. State of South Dakota County of Minnehaha ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 9th day of November, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires February 12,2021 4.0.444+.4Y04441444•.eK4%w I S. EICH I ? ,soBARYP DAKOTA b ' J r SOUTH DAKOTA s 4.4.4.►h4444.44444440.4VM..M44 4. S. Eich, Notary Public CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN 'SU ETY•;CQMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of •the•corpc tio>i Hated on e,tgverse�hh�ereeof iissttili�n "force. In testimony wrhereof I have hereunto subscribed my name and affixed the seal of the said corporation this , 1 day df ° •I W Vthtla A , ot��lf . S"='',�,= `WESTERN SURETY 'COMPANY ��ppOggr�LTACDT\‘°:;t20 ktoteurrt. �� `" L Nelson, Assistant Form F4280-7-2012 e Secretary 64 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Western Surety Company ,a corporation, in accordance with Public Construction Bond Number 58731029 , 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: 1(1/"U"-••• Western Surety Company retary Corporate Surety 151 N. Franklin Street STATE OF FLORIDA COUNTY OF ORANGE Chicago, IL 60606 Business Address BY: -ju Print Name: Brett A. Ragland Title: Attomev-in-Fact (Affix Corporate -SEAL') f Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Brett A. Ragland , to me well known or who produced Personally Known as identification, who being by me first duly swom upon oath, says that he/she is the Attorney -in -Fact for _ and that he/she has been authorized by Western Surety Co. it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 30th day of November, 20 18 . KANANil CORDERO MY COMMISSION # FF236662 '"Znc EXPIRES July 10, 2019 i4c,/, 3.O b FbnA9Not9ti80rvttrr�� cam &M. 6YAtitiv Kanani Cordero Notary Public, State of Florida My Commission Expires: July 10. 2018 **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment No. 11 FINAL 00622 - 3 65 CAUserMghamptonWpDOattlocaAMlcrosot6WindowstlNetCache\Content.Outlook1FXOSLOHMl00622 - Contraclo, s Application for Payment No. 11 FINAL.doc 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 SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment No. 6161NAL 00622 - 4 C:1Users\ghamptoMAppData\Local\Mcrosoft\Windows\INetCache\Content.0utlook\FXOSLOHM100622 - Contractor's Application for Payment No. 11 FINAL.doc ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622 - 5 C:\Users\ghampton\AppData\Local\Microsoft\Windows\INetCache\Content.0utiook\FXOSLOHM\00622 - Contractors Application for Payment No. 11 FINAL.doc 00622 - Contractor's Application for Payment No. 617 INAL Blue Goose Constvuction HeavyCtil1Underground Utilities! CompleteSite Development Marine State Certified Licensed General Contractor #CGCI517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC 131151860 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 rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) Indian River County , to The following described property: 15t Street & 43rd Avenue, Indian River County, Florida Lienor's Name: Mosley & Sons By: Print Name: D Lt/,'i/ia4-.5 Title: (!P. 1l.%U? Q," Dated on: 1214-I I State of Florida ��,, County of: / li- 4i r" The foregoing instrument was acknowledged before me this 144 day of By D z 16 44 t 7 who is personally known to me or who produced as identification. La° to Pty, Notary Pubile :Nato c1 rte11da � `� t; Nichols) Vernal My C0111111190011C0111111190011G(i 00069!: jor,voExpiro9 001151202.1 t p621111 r Notary Public `k l a"t-t. My Commission Expires: 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. Return to: P.Q. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 68 Blue Goose Construction. Mealy 0611! Underground UUAtlee /Complete Site Development 'Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 • Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 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 rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) Indian River County , to The following described property: lar Street & 431" Avenue, Indian River County, Florida Lienor's Name: n • er Constructio Industries. Inc. By: Print Name: F. Scott Fowler Title: Vice President Dated on: December 4. 2018 State of Florida County of: Orange The foregoing insimmentwas acknowledged before me this 04 day of 12 ,2018 By F. Scott Fowler who is personally known to me or who produced as identification. �,,.��Y ,, STACY L. BARBER 0 4'0 ue`t:'_ Notary Public - State of Florida Commission # FF 948930 1;°,' My Comm. Expires Apr 19, 2020, , nuuN oF.V Bonded throe ghNationalNotary Assn. Notary Public My Commission Ear es: 04/19/20 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. Return to: P.O. Box 14709 * Ft Pierce, FL 349794709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 69 KARL R SHORTER . MY COMMISSION # FF976849 EXPIRES April 01, 2020 0i1511 kD153 wicsxoni , Blue Goose Construction Heavy CMU (Underground Utilities! Complete Site Development /Marine State Certified Licensed General Contractor #CGC1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation # CUC1225110 Marine Specialty Contractor # SCC131151860 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 rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) Indian River County , to The following described property: 15t Street & 43rd Avenue, Indian River County, Florida Lienor's Name: By: Print Name: --Er-; A n Carr Construction Title: D', ref Dated on: \?..- I)4201 8 State of Florida D 'n County of: `1cki e 9 acknowledged11 day ofDCC WOU, SUR The f�Qreyoin irtstrtunert before me this By bi(1CU(I.'CYlidl� who is personally known to me or who produced as identification. Notary Public My Commission Expires: l+/ /c93— Note: This is a statutory form prescribed by Section 71320 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. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 *Ph. (772) 461-3020 *Fax (772) 468-4669 70 Blue Goose Construction Navy Cid iUndetgrat ad UIWSUes:Comptote Sheet*lapmentiUitine 30.130.5*-/ LsvFb State Certified Licensed General Contractor #CGC 1517686 Pollutant System Contractor # PCC056727 Underground Utility & Excavation #.CUCI225110 Marine Specialty Contractor # SCC 131151860 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 rights to claim a lien for labor, services or materials furnished to Blue Goose Construction, LLC On the job of (owner of property) Indian River County , to The following described property: 1St Street & 43n1 Avenue, Indian River County, Florida Lienor' Name: Ceme By: Print Name: tiiQrQ�s�r:, n� Title: C fir' Dated on: l�r o .r r' t2.0 lc�' State of Florida County of:�Ckrh cc. The foregoing instilment was acknowledged before me this ` day of ,,,�,or;2018 By (f og\n �sA.tel (who is personally known to me�or who produced as identification. „tY P„B�. m�u„ VALERIE HUNTER �,y zo.—.`':. Notary Public - State of Florida Commission # FF 898640 .,� ri.. A:# My Comm. Expires Sep 16.2019 �''FOFK?"•' Bonded through National Notary Assn. 1Y Notary Public \ \ My Commission Expires: i -16-E9 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. Return to: P.O. Box 14709 * Ft Pierce, FL 34979-4709 * Ph. (772) 461-3020 * Fax: (772) 468-4669 71 Pay Appticallon far Ict Shy,. SW tird Awn. IRC PROJECT 60. 1232 PAY APP NO. FINAL (11) 72 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No. 09489Or6i0.0M471,41Ja.M,i!gli,,,;:e;44.CiiNiF.,,MCLT4(14' ciliiiliWI[87,4 'tegA;iioliiittriiiiiii4r-rtri 41i4ii6"ii"iiii:,;.? diiiiierrii:Fiiiiiiiiiiii*T- '3 --QUANT rrSia :Miiiii'iieZ.;.',17;aisag0 101-1 MOBILIZATION LS 1 120,000.00 120,000.00 1.00 120000.00 0.00 1.00 120000.00 100.00% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS 1 65,000.00 65,000.00 1.00 65,000.00 0.00 1.00 65,000.00 100.00% 0.00 0.00 0.00 102-99 CHANGEABLE VARIABLE MESSAGE SIGN PD 480 45 00 21,600.00 480.00 21,600.00 0.00 480.00 21,600.00 100.00% 0.00 0.00 0.00 104-10-3 SEDIMENT BARRIER LF 4,307 110 4,73720 4,737.00 4,510.00 -207.00 -227 70 4,530.00 4,983.00 105.18% 0.00 -223.00 -245.30 104-18 INLET PROTECTION SYSTEM EA 39 13800 5,382.00 39.00 5,382.00 0.00 39.00 5,382.00 100.00% 0.00 0.00 0.00 108-1 AS -BUILT DRAWING1 (BY REGISTERED LAND SURVEYOR) LS 22.000.00 22,000.00 1.00 22,000.00 0.00 1.00 22,000.00 100.00% 0.00 0.00 0.00 108-2 SURVEY CONTROL (INSTALURE-ESTABUSH) LS1 27,00000 27,000.00 1.00 27,000.00 0.00 1.00 27,000.00 10900% 0.00 0.00 0.00 110-1-1 CLEARING AND GRUBBING LS 1 70,00000 70,000.00 1.00 70,000.00 0.00 1.00 70,000.00 100.00% 0.00 0.00 0.00 110-7-1 MAILBOX. RELOCATION EA6 15000 moo 6.00 900.00 0.00 6.00 900.00 100.00% 0.00 0.00 0.00 120-1 REGULAR EXCAVATION CY 7,266 900 65,394.00 7,266.00 65,394.00 0.00 7,266.00 65,394.00 100.00% 0.00 0.00 0.00 120,6 EMBANKMENT CY 5,396 1500 80,940.00 5,396.00 80,940.00 2,658.00 39,870.00 8,054.00 120,810.00 149.26% 0.00 -2,658.00 -39,870.00 160-4 TYPE "El" STABILIZATION (12" SUBGRADE LBR 40) SY 11,776 1.75 20,608.00 11,776.00 20,608.00 -1,068.00 -1,869.00 10,708.00 18,739.00 90.93% 0.00 1,068.00 1,869.00 285-706 OPTIONAL BASE, BASE GROUP 08.8" CEMENTED COQUINA SHELL BASE, LBR 100, 2 LIFTS SY 10,682 1020 108,956.40 9,614.00 98,062.80 0.00 9,614.00 98,062.80 90.00% 0.00 1,068.00 10,893.60 2864 TURNOUT CONSTRUCTION (CONCRETE) SY 97 44.80 4,345.60 97.00 4,345.60 0.00 97.00 4,345.60 100.0096 0.00 0.00 0.00 327-70-6 MILLING EXISTING ASPHALT PAVEMENT, 1-1/2" AVG. DEPTH SY 1,203 7.45 8,962.35 - 1,203.00 8,962.35 0.00 1,203.00 8,962.35 100.00% 0.00 0.00 0.00 334-1-13 , SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (S.P. 12.5, 1-3/4" THICK) SY 10,170 9.85 100,174.50 9,153.00 90,157.05 0.00 9,153.00 90,157.05 90.00% 0.00 1,017.00 10,017.45 334-1-136 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (S.P. 9.5, 1-1/4" THICK) SY 11,373 8.70 98,945.10 9,098.00 79,152,50 0.00 9,098.00 79,152.60 80.0004 0.00 2,275.00 19,792.50 334-1-13B SUPERPAVE ASPHALTIC CONCRETE, OVERBUILD (S.P. 12.5, THICKNESS VARIES) TN 600 106.40 53,840.00 317.58 33,790.51 0.00 317.58 33,790.51 52.93% 0.00 282.42 30,049.49 425.10 YARD DRAIN EA 1 152003 1,520.00 1.00 1,520.00 0.00 1.00 1,52000 1010004 000 0.00 0.00 425-1-361 < INLETS. CURB, TYPE P-6, 10' EA 1 6674.00 3,674.03 1.00 3,674.00 0.00 1.00 3,674.00 100.00% 0.00 0.00 0.00 425-1-451 INLETS, CURB, TYPE J-5. <10 E51 4606.00 4,906.00 1.00 4,906.00 0.00 1.00 4,906.00 100.00% 0.00 0.00 0.00 425-1-521 INLETS, DT 607, TYPE C„<10' EA 11 1,598.00 17,556.00 11.00 17,556.00 0.00 11.00 17.556.00 100.00% 0.00 0.00 0.00 425-1-553 INLETS, DT BOT, TYPE E, J BOT ,<10' EA7 7,302.00 51,114.00 7.00 51,114.00 0.00 7.00 51,114.00 100.00% 0.00 0.00 0.00 425-1-583 INLETS, DT BOT, TYPE H, J BOT MO' 561 8,17900 8,179.00 100 8,179.00 0.00 1.00 8,179.00 100.00% 0.00 0.00 OM 425-1-91 INLETS, CLOSED FLUME 063 84 3,1.00 9,552.00 2.00 6,368.00 0.00 2.00 6,36800 66.67% 0.00 1.00 3,184.00 425-2-41 MANHOLES, P-7, <10' EA 1 2,596.00 2,596.00 1.00 2,596.00 0.00 1.00 2,596.00 100.00% 0.00 0.00 0.00 425-2-71 MANHOLES, J-7, <40' EA 8 3,872.00 30,97660 8.00 30,976.00 0.00 8.00 30,976.00 100.00% 0.00 0.00 0.00 425-6 VALVE BOXES, ADJUST EA 12 150.00 1,800.00 12.00 1,800.00 0.00 12.00 1,800.00 100.00% 0.00 0.00 0.00 430-174-112 PIPE CULVERT, ROUND, 12" SO (CAP) LF 130 2675 3,347.50 45.00 1,158.75 -10.00 -257.50 35.00 901.25 26.92% 0.00 95.00 2,446.25 PAY APP NO. FINAL (11) 72 Pay Appliestron for 1st Street SW 43n1 Avenue IRC PROJECT 80. 1232 4•1•11 /*I .11. e PA. Et1 2 PAY APP NO. FINAL (11) 73 SCHEDULED VALUE PREVIOUS APPUCATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No. Pe.NN-ierriligaii r'Aiiiiiiiiith.T.CrrOe.OAITIENNTh.1,:1U0niti Ahillit W 'QUA.Ntiri ,+','f(kiiiit:,-,N '.na ' AnnW,Fi'.,Aiiiiiiiili"-!eriDAEDA ,,gfltrAkFFiYA4A:iiVap 430-174-112A PIPE CULVERT, ROUND. 12" SO(RCP) LF 88 35.85 3,154.80 150.00 5,377.50 .90.00 -3,226.50 60.00 2,151.00 68.18% 0.00 28.00 1003.80 430-174-115 PIPE CULVERT, ROUND, 15* SD (CAP) LF 640 37 65 24,096.00 596.00 22,439.40 37.00 1,393.05 633.00 23,832.45 98.91% 0.00 700 263.55 430-174-115A PIPE CULVERT, ROUND, 15* SD (RCP) LF 211 40.70 8,587.70 48.00 1,953.60 150.00 6,105.00 198.00 8,058.60 93.84% 0.00 13.00 529.10 430-174-118 PIPE CULVERT, ROUND.18" SD (CAP) LF 44 48.40 2,129.60 64.00 1097.60 0.00 64.00 3,097.60 145.45% 0.00 -20.00 -968.00 430.174.118A PIPE CULVERT, ROUND, 18" SD (RCP) LF 78 52.90 4,126.20 152.00 8,040.80 -130.00 -6,877.00 22.00 1,163.80 28.21% 0.00 56.00 2,962.40 430-174-124 PIPE CULVERT. ROUND, 24" SD (RCP) LF 34 117.00 3,978.00 16.00 1,872.00 13.00 1,521.00 29.00 3,393.00 85.29% 0.00 500 585 00 430-174-215 PIPE CULVERT,ELLIP/ARCH, 15' SD (12)013")(Rcp) LP 56 42.35 2,371.60 56.00 2,371.60 0.00 56.00 2,371.60 100.0013 0.00 0.00 0.00 430-174-224 PIPE CULVERT, ELLip/ARCH, 24" SD (191(301 (RCP) LF 32 69.00 2,208.00 32.00 2,208.00 0.00 32.00 2,208.00 100.00% 0.00 0.00 0.00 430-175-218 PIPE CULVERT, ELLIP/ARCH, 18" S/CD (14-X23-) (RCP) LF 96 49.15 4,718.40 64.00 3,145.60 13.00 638.95 77.00 3,784.55 80.21% 0.00 19.00 933.85 430-175-260 PIPE CULVERT, ELUP/ARCH, 60" S/CD (48"X76") (RCP) LF 1,666 258.10 429,994.60 1,666.00 429,994.60 -37.00 -9,549.70 1,629.00 420,444.90 97.78% 0.00 37.00 9,549.70 430-175-250A PIPE CULVERT, ELLIP/ARCH. 60- S/CD (48"X76") (RCP) (SLOTTED) LF 496 358.55 177,840.80 496.00 177,840.80 0.00 496.00 177,840.80 1E10.0093 0.00 0.00 0.00 430-984-123 MITERED END SECTION, ROUND, 15" SD EA 6 51100 3,108.00 4.00 2,072.00 0.00 4.00 2,072.00 66.6796 0.00 2.00 1,036.00 430-984-125 MITERED END SECTION, ROUND, 18" SD 5.53 584.00 1,752.00 2.00 1,168.00 0.00 2.00 1,168.00 66.67% 0.00 1.00 584.00 430.984-625 MITERED END SECTION, ELLIP/ARCH. 18" SD (14"X23") EA1 600.00 600.00 3.00 1,800.00 0.00 3.00 1,800.00 300.00% 0.00 -2.00 -1,200.00 430-984-629 MITERED END SECTION, ELLIP/ARCH 24" SD (19')(30") 5.51 797.00 797.00 1.00 797.00 0.00 1.00 797.00 100.00% 0.00 0.00 0.00 440-1-20 UNDERDRAIN, TYPE 11 (8" PVC) (NON -PERF.) LF 56 62.90 3,522.40 56.00 3,522.40 0.00 56.00 3,522.40 100.00% 0.00 0.00 0.00 440-1-20A UNDERDRAIN, TYPE 11(8" PVC) (PERF.) LF 922 32.45 29,918.90 922.00 29,918.90 0.00 922.00 29,918.90 100.0096 0.00 0.00 0.00 440-73-3 UNDERDRAIN, OUTLET PIPE, (8" PVC) (NON -PERF.) LF 56 28.75 1,610.00 56.00 1,610.00 0.00 56.00 1,610.00 100.00% 0.00 0.00 0.00 520-1-10 CONCRETE CURB 8 GUTTER (TYPE 6) LF 1.470 18.85 27,709.50 1,470.00 27,709.50 -81.00 -1,526.85 1,389.00 26,182.65 94.49% 0.00 81.00 1,526.85 522-2 CONCRETE FOR SIDEWAU( (6' THICK) SY 831 7495 62,283.45 831.00 62,283.45 -6.00 -449.70 825.00 61,833.75 99.28% 0.00 6.00 449.70 527-2 DETECTABLE WARNINGS SF 320 37.40 11,96800 320.00 11,968.00 0.00 320.00 11,968.00 100.0005 0.00 0.00 0.00 530-3-4 RIPRAP. 655517. 761 (DITCH LINING) TN 202 120.00 24,240.00 202.00 24,240.00 0.00 202.00 24,240.00 100.00% 0.00 0.00 0.00 570-1-2 PERFORMANCE TURF, SOD (BAHIA) SY 9,047 115 28,498.05 8,200.00 25,830.00 0.00 8,200.00 25,830.00 90.6450 0.00 847.00 2,668.05 570-1-2A PERFORMANCE TURF, SOD (FLORATAM) SY 556 4.05 2,251.80 444.80 1,801.44 0.00 444.80 1,801.44 80.00% 0.00 111.20 450.36 700-1-12 SINGLE SIGN POST, FaIGROUND MOUNT, UP TO 12 SF AS 4 269.50 1,078.00 4.00 1,078.00 0.00 4.00 . 1,078.00 100.00% 0.00 0.00 0.00 700-1-50 SINGLE SIGN POST (RELOCATE) AS5 92 1.50 962.50 5.00 962.50 0.00 5.00 962.50 100.00% 0.00 0.00 0.00 700-1-60 SINGLE SIGN POST (REMOVE) AS9 550 49.50 9.00 49.50 0.00 9.00 49.50 100.00% 0.00 0.00 0.00 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS (AMBER/ AMBER) EA 222 4.40 978.80 222.00 976.80 0.00 222.00 976.80 100.00% 0.00 0.00 0.00 706-3A RETRO -REFLECTIVE PAVEMENT MARKERS (WHITE / CLEAR) EA8 440 35.20 8.00 35.20 0.00 8.00 35.20 100.00% 0.00 0.00 0.00 4•1•11 /*I .11. e PA. Et1 2 PAY APP NO. FINAL (11) 73 Pay Application (roriet Street SW 43rd Avenue IRC PROJECT NO. 1232 3 PAY APP NO. FINAL (11) 74 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED - Y. MATERIALS BALANCE TO FINISH /tern No. 0,lit(9‘4'.VA5AiTNC;:..i.241-4.6',Im.y_-;-,YAA4::! UNIT 5- *Q-rii:',_°".1: lttiiiiiiIiilee?,,i,T,PAiniiiidag,:iiiiiirirtrif5w-aiiiiiiez,z, okinti -:',,;AiiiiiiiiiVi XiitiAirrtf*TVAiiiiiiYea .1.--W.-4. sticiiilb>7..,:, ::Fz.SQUANTITY t T-1.41-..q.nifiiiiiiiiitA 711-11-123 THERMOPLASTIC, STANDARD, WHITE. SOLID, 12', FOR CROSSWALK LF 1354 2.30 2,056.20 894.00 2,056.20 0.00 894.00 2,056.20 1000010 0.00 0.00 0.00 711-11-125 THERMOPLASTIC, STANDARD. WHITE, SOLID, 24". FOR STOP LINE LF 190 3.60 684.00 190.00 684.00 0.00 190.00 684.00 100.00% 0.00 0.00 0.00 711-11-151 THERMOPLASTIC, STANDARD, WHITE, DOTTED/GUIDELINE/6,19 GAP EXTENSION, 6' LF 736 1.05 772.80 736.00 772.80 0.00 736.00 772.80 100.00% 0.00 0.00 0.00 711-11-170 THERMOPLASTIC. STANDARD, WHITE, ARROW EA 6 99.00 594.00 6 00 594.00 0.00 6.00 594.00 100.00% 0.00 0.00 0.00 711-11-224 THERMOPLASTIC. STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL LF 270 ' 3.05 823.50 270.00 823.50 0.00 270.00 823.50 100.00% 0.00 0.00 0.00 711-16-111 THERMOPLASTIC, STANDARD, WHITE. SOLID, 6" LF 4.557 1.05 4,784.85 4,557.00 4,784.85 0.00 4,557.00 4,784.85 10000% 0.00 0.00 0.00 711-16-211 THERMOPLASTIC, STANDARD. YELLOW. 50130, 6" LF 5,150 1.05 5,407.50 5,150.00 5,407.50 0.00 5,150.00 5,407.50 100.0016 0.00 0.00 0.00 711-10231A THERMOPLASTIC, STANDARD. SKIP, 6" (6,101 LF 764 1.05 802.20 764.00 802.20 0.00 764.09 802.20 100.00% 0.00 0.00 0.00 1080-14 UTILITY FIXTURES. RELOCATE (WATER METER) EA 3 1.07400 3,222.00 , 3.00 3,222.00 0.00 3.00 3,222.00 800.00% 0.00 0.00 0.00 1644-800 FIRE HYDRANT, RELOCATE AS 3 2,480.00 7,440.00 2.00 4,960.00 0.00 2.00 4,960.00 66.67% 0.00 1.00 2,480.00 SUBTOTAL ROADWAY $1,915,160.00 51,827,923.90 525,644.05 $1,854,168.65 $0.00 $60,991.35 630-2-11 CONDUIT UNDER GROUND 2' PVC LF 130 10.70 1,391.00 130.00 1,391.00 0.00 130.00 1,391.00 100.00% 0.00 0.00 0.00 630-2-14 CONDUIT ABOVE GROUND 2" PVC LF 60 18.40 1,472.00 80.00 1,472.00 0.00 80.00 1,472.00 - 100.00% 0.00 0.00 0.00 632-7-1 SIGNAL CABLE PI 1 7,73000 7,730.00 1.00 7,730.00 0.00 1.00 7,730.00 100.00% 0.00 0.00 0.00 634-4-153 630-2-11 PI 1 5,159.09 . 5'15940 1.50 5,159.00 0.00 100 5,159.00 100.00% 0.00 0.00 0.00 635-2-11 PULL BOX EA 9 562.10 5,058.90 9.00 5,058.90 0.00 9.00 5,058.90 100.00% 0.00 0.00 0.00 639-1-113 POWER SERVICE OVERHEAD AS 1 1,43550 1,435.50 1.00 1,435.50 0.00 1.00 1,435.50 100.00% 0.00 0.00 0.00 639-2-1 SERVICE WIRE LF 100 220 220.00 100.00 220.00 0.00 100.00 220.00 100.00% 0.00 0.00 0.00 641-2-16 CONCRETE STRAIN POLE 42 EA 1 9.801.00 9,80L00 1.00 9,801.00 0.00 1.00 9,801.00 100.00% 0.00 0.00 0.00 641-2-16 A CONCRETE STRAIN POLE 46' EA 3 10230.00 30,690.00 3.00 30,690.00 0.00 3.00 30,690.00 100.00% 0.00 0.00 0.00 646.1-11 ALUMINUM PEDESTAL EA 4 1,199.00 4,796.00 4.00 4,796.00 0.00 4.00 4,796.00 100.00% 0.00 0.00 0.00 650-1-312 SIGNAL HEAD, 12", 3 -SEC, 1 -WAY WSID 8 TUNNEL VISOR AS 4 1,18800 4,752.00 4.00 4,752.00 0.00 4.00 4,752.00 193.0010 0.00 0.00 0.00 650-1-512 SIGNAL HEAD. 12", 5 -SEC. 1 -WAY WILED 8. TUNNEL VISOR AS 4 1,606,00 6,454.00 4.00 6,424.00 0.00 4.00 6,424.00 100.00% 0.00 0.00 0.00 653-192 PEDESTRIAN SIGNAL HEAD COUNTDOWN TWO WAY AS 4 1,155.00 4,620.00 4.00 4,620.00 0.00 4.00 4,620.00 100.0016 0.00 0.00 0.00 660-4-11 VIDEO VEHICLE DETECTOR CABINET EQUIPMENT EA 1 6,737.50 6,737.50 1.00 6,737.50 0.00 1.00 6,737.50 100.00% 0.00 0.00 0.00 6604-12 4 CAMERA OVERHEAD VIDEO DETECTOR SYSTEM EA 1 26,339.50 26,339.50 1.00 26,339.50 0.00 1.00 26,339.50 100.00% 0100 0.00 0.00 665-1-11 PEDESTRIAN DETECTOR EA 8 220.35 1,762.80 8.00 1,762.80 0.00 8.00 1,762.80 100.0016 0.00 0.00 0.00 670-5-110 CONTROLLER CABINET ASSEMBLY, ECONOLITE AS 1 29,029.00 29,029.00 1.00 29,029.00 0.00 1.00 29,029.00 100.00% 0.00 0.00 0.00 684-1-1 FIBER OPTIC ETHERNET swn-cH EA 1 4,031.00 4,031.00 1.00 4,031.00 0.00 1.00 4,031.00 100.00% 0.00 0.00 0.00 3 PAY APP NO. FINAL (11) 74 Pay Application for lot Sheet SW 43rd AVI111110 IRC PROJECT N0.1232 4 PAY APP NO. FINAL (11) 75 SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Item No. DisiiiPSI9;01.'4.4.R.Vf.C.31.5!bi.g.V.q.,n01",61.',":V7:i;i1NLT'•,.1• a(iffi.j: ECiiiiii0iiii,g grIckinid0i*5;-; etriAtiti gn'Aiiiii.&iit71, 4tiiiiiiiini..Z,Aiiii721ilaiitera*,iiiiiiiT.0trofito 684-6-11 ETHERNET ACCESS POINT RADIO PAIR (SEE GENERAL NOTE #10) EA1 325 05 32505 1.00 325.05 0.00 1.00 32555 100.00% 0.00 0.00 0.00 685-106 TRAFFIC SIGNAL UNINTERRUPTIBLE POWER SOURCE (ALPHA MODEL FXM 2000 8 CABINET) EA1 7,914.50 7,914.50 1.00 7,914.50 . 0.00 1.00 7,914.50 100 00% 0.00 0.00 0.00 686-101 CCTV CAMERA (BOSCH 800 SERIES) EA1 6388.50 9,388.50 1.00 9,388.50 0.00 1.00 9,388.50 100.00% 0.00 0.00 0.00 700-3-41 INSTALL OVERHEAD 03 SUPPLIED BY COUNTY EA4 125.95 503.80 4.00 503.80 0.00 4.00 503.80 100.00% 0.00 0.00 0.00 715-1-11 LIGHTING CONDUCTOR LF 325 3.10 1,007.50 325.00 1,007.50 0.00 325.00 1,007.50 100.00% 0.00 0.00 0.00 715-5-11 LUMINAIRE & BRACKET ARM EA4 1,30360 5,214.00 4.00 5,214,00 0.00 4.00 5,214.00 100.00% 0.00 0.00 0.00 SUBTOTAL SIGNAUZATION 5175,802.55 5175,802.55 50.00 $175,802.55 $0.00 50.00 ..ne4,- kir'SLI-::M-43....79L.Sfan*P.aLniALmatIgL.-..,Z,J:mSA'4.',A.;&n..14,.,3atYA-IligaZli.i.0:;..LP1LALL,,:LaiLlaMildXSI-AgLiIM SUB TOTAL SUBTOTAL .:LjthL:LLt4L'i:i,I:i,i2.4.iiin,`,0i1SEel:'4:-3all 2,090,962.55 SUBTOTAL '''d...itit4=CVISZS,:tilk-:.^Fai.f4Watifilt;11,1= 2,003,726.45 SUBTOTAL 25,544.05 SUBTOTAL 2,029,971_20 SUBTOTAL iat.,:-.:,`,22t-Ite.kkeeiar-zia 0.00 SUBTOTAL 60,991.35 Aqa.V4V . Z`,ISMOINIMIMiliigigIM fe-WIRtili;ift14410.M.aMOASsek.5: W.f.4014101M-45.574. tOraAcintiPM,414.100VOMPAWAIrt4t*SYM,VIVW.K.T40.t-RA)OOMZ447Z.Vgagiaftsa FORCE ACCOUNT 38,026.13 100,000.00 WCD 1 INSTALL TYPE C INLET LS 1 2.89640 2,898.40 1.00 2,898.40 0.00 1.00 2,898.40 100.00% 0.00 0.00 0.00 WCD 2 EXTEND 4' SANITARY FORCEMAIN 1.81 00 7,7.00 7,007.00 1.00 7,007.00 0.00 1.00 7,007.00 100.00% 0.00 0.00 0.00 WCO 3 RE -ALIGN THE 48" X 76' RCP ALONG IRFWCD 43553 LS1 15,407.20 15,407.20 1.00 15,407.20 0.00 1.00 15,407.20 100.00% 0.00 0.00 0.00 WCD 4 RELOCATE SOUTHEAST SIGNAL POLE LS1 7,168.87 7,168.87 1.00 7,168.87 0.00 1.00 7,168.87 100.00% 0.00 0.00 0.00 WCD 5 RESET AND DEFLECT 2 LENGTHS OF 48' 3<76' LS 1 5,649.60 5,649.60 1.00 5,649.60 0.00 1.00 5,549.60 100.00% 0.00 0.00 0.00 WCD 6 REMOVE 56 LINEAR FEET 24" RCP LS1 5.462.40 5,462.40 MO 5,462.40 0.00 1.00 5,462.40 100.00% 0.00 0.00 0.00 WCD7 DRIVEWAY REVISIONS/SIGNAUMOT/CURB REPL LS1 12,135240 12,652.40 0.00 0.00 1.00 12,652.40 1.00 12,652.40 100.00% 0.00 0.00 0.00 WCD8 MH TOP REPLCMENT/CONC DRIVEWAY SLAB LS1 5,728.00 5,728.00 1.00 5,728.00 000 1.00 5,728.00 100.00% 0.00 0.00 0.00 SUBTOTAL WORK CHANGE DIRECTIVES 561,973.87 549,321.47 512,652.40 561,973.87 $0.00 50.00 TOTAL TOTAL 2,190,962.55 TOTAL 2,053,047,92 .*TOTAL 38,196,45 TOTAL 2,091,945,07 TOTAL 0,00 TOTAL 160,991.35 Days Behind AMOUNT COMPLETED TO DATE MATERIALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 10% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT LIQUIDATED DAMAGES (51742.00/Day) AMOUNT DUE CONTRACTOR 52,091,945.07 $0.00 $2,091,945.07 $0.00 52,091,945.07 $1,847,948.06 Schedule' SO' -587,100.00 $156,897.01 4 PAY APP NO. FINAL (11) 75 Lal SECTION 00942 - Change Order Form No. 1 FINAL DATE OF ISSUANCE: 12104/2018 EFFECTIVE DATE:12/042018 OWNER: Indian River County CONTRACTOR Blue Goose Construction. LLC Project: tat Street S.W. and 43rdAvenue Intersection Improvements OWNER's Project No. 1232 ENGINEER's Bid No. 2016002 You are directed to make the following changes in the Contract Documents: Reason for Change Order The project is complete. This change order is to make final adjustments to bid line items in order to finalize the contract amount. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $2.190.962.55 210 Netdecrease of this Change Order $99.017.48 . Contract Price with all approved Change Orders: $2.091.945.07 374 ACCEPTED: By: 642t--)C14‘2-- CONTRACTOR (Signature) Blue Goose Construction, LLC Date: /1.22. fr CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days) 180 210 Net increase (decrease) this Change Order. Substantial Completion: Final Completion: (days) 164 164 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days) 344 374 RECOMMENDED: By mes W. Ennis, P.E., PMP ENGINEER (Signature) County Engineer Date: /01' 20-75 APPROVED: By:Richard B. Szpyrka, P.E. OWNER (Signature) Public Works Director Date: Change Order No. 1 FINAL 00942 -1 F:1Publio Works1ENGINEERING DIVISION PROJECTS11232•tet St SW 43rd Ave Inlersec ImprovN-Admin Agenda ItemaINAL CHANGE ORDER1Chenge Order No. 1 FINALdoe Rev. 05101 76 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: IST STREET SW & 43RD AVENUE INTERSECTION IMPROVEMENTS PROJECT NO.: IRC -1232 SID NO. 2016002 Rem No: '' Oa6C11P6o0 -• - -• - -. - - - -- Unit :pueiiKi.: -!`UDR Pdce ' . Pdeelncrouee. Pdee Decrease 104-10.3 SEDIMENT BARRIER LF 223 1.10 246,30 120-8 EMBANKMENT CY 2,658 15,00 39.870.00 430-174-118 PIPE CULVERT. ROUND, 18" SD (CAP) LF 20 48.40 988,00 430-984825 MITERED END SECTION. ELUPIARCH. 18" SD (1411231 EA 2.00 600.00 1.200.00 WCD 1 INSTALL TYPE C INLET LS 1.00 2,896,40 2.898,40 WCD 2 EXTEND 4" SANITARY FORCEMAIN 1.8 1.00 7.007.00 7,007.00 WCD 3 RE -ALIGN THE 48" X 76" RCP ALONG IRFWCD 43RD LS 1.00 15.407.20 15.407.20. WCD 4 RELOCATE SOUTHEAST SIGNAL POLE LS 1.00 7.168.87 7.166.87 WCD 5 RESET AND DEFLECT 2 LENGTHS OF 48' X 78" LS 1.00 5.84980 5,649.60 WCD 6 REMOVE 58 LINEAR FEET 24" RCP LS 1.00 8482.40 5,462.40 WCD 7 DRIVEWAY REVISIONS/SIGNAL/MOT/CURB REPT. LS 1.00 12,652.40 12,552.40 WCD 8 MH TOP REPLCMENTICONC DRIVEWAY SLAB LS 1.00 5.728.00 5.728.00 1604 TYPES* STABILIZATION (12" SUEGRADE LBR 40) SY 1.068 1.75 1.869.00 285-708 OPTIONAL BASE, BASE GROUP 08, 8' CEMENTED COQUINA SHELL BASE, LBR 100.2 LIFTS SY 1,088 10.20 10,893.60 3341-13 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C (8.P. 125, 1- 3/4'THICK) SY 1017,00 9.85 10,017.45 334-1-13A SUPERPAVE ASPHALTIC CONCRETE. TRAFFIC C (S,P. 9.5, 1- 114"THICIO SY 2.275.00 9,70 19,792.50 334-1.138 SUPERPAVE ASPHALTIC CONCRETE, OVERBUILD (S.P. 12.5, THICKNESS VARIES) TN 282.42 106.40 30,049-49 425-1-91 INLETS, CLOSED FLUME EA 1 3,184.00 3.184.00 430-174112 PIPE CULVERT. ROUND. 12" SD (CAP) LF 95 25.75 2,448,25 430-174-112A PIPE CULVERT. ROUND 12" 00 (RCP) LF 25 35.85 1.003,80 430-174-115 PIPE CULVERT. ROUND 15" SD (CAP) LF _ 7 37.65 283.55 430-174-115A PIPE CULVERT. 604.100, 15' SD (RCP) LF 13 40.70 529,10 430-174-118A PIPE CULVERT. ROUND, 18" SD )RCP) LF 58 52.80 2.982.40 430-174-124 PIPE CULVERT, ROUND. 24' SD (RCP) 1-9 5.00 117.00 585.00 430.175-218 PIPE CULVERT. ELLIPIARCH. 18' SICD (14"X239 (RCP) LF 19,00 49.18 933.85 430-175-260 PIPE CULVERT. ELLIPIARCH. 80" SICD (481761 (RCP) 1.9 37.00 258.10 9.549.70 430.984-123 MITERED END SECTION. ROUND. 15' SD _ EA 2 518.00 1.038.00 430.984-125 MITERED END SEC110N. ROUND. 18' SD EA 1 584.00 584.00 520-1.10 CONCRETE CURB & GUTTER (TYPE F) LF 51 18,85 1.526.85 522-2 CONCRETE FOR SIDEWALK (6' THICK) SY 8 74,95 449.70 570-1-2 PERFORMANCE TURF, SOD (BAHIA) SY 847 3.16 2.668.05 570-1-2A PERFORMANCE TURF. SOD (FLORATAM) SY 111 4.05 450,38 1644-000 FIRE HYDRANT, RELOCATE AS 1 2,480.00 2.480.00 FORCE ACCOUNT LS 1 100.000.00 100000.00 SUBTOTALS 104,257.17 203,274.65 1ST STREET SW 43RD AVENUE INTERSECTION IMPROVEMENTS TOTAL $ (99,017.48) 003101 FNRNkWoh ENGINEERNO OMSIONOROECTS112324.1 SW Ure AvWruelnpeMilNnhY eola hoeV031 CN MEORDERWI61222,SESCnEMCHGSJ01S1201 77 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Approval of First Extension to Agreements for Custodial Service DATE: January 3, 2019 BACKGROUND On March 6, 2018, the Board of County Commissioners awarded RFP 2018018 for Custodial Services to the five highest -ranked firms for each grouping of County facilities. The awards were for one year with options for two one-year renewals. On May 1, 2018, the Board of County Commissioners approved the first amendment to the contract with W&G Maintenance Corp., adding services for an additional $540 per month to the existing agreement for cleaning at the Sheriff's General Services Modular Building K, which was inadvertently left off the list of buildings to be cleaned. On May 22, 2018, the Board of County Commissioners approved the first amendment to the contract with American Janitorial, Inc. adding services for an additional $687.27 per month to the existing agreement for cleaning at the Sebastian Tax Collector's Offices, which was inadvertently left off the list of buildings to be cleaned. Facilities Management has been satisfied with the services provided by each of the five firms and has requested execution of the first extension of each agreement. Pricing will remain as originally awarded with the exception of the additional amount added to W&G Maintenance Corp. for cleaning the Sheriff s General Services Modular Building K of $540 per month/$6,480 per year, and the additional amount added to American Janitorial, Inc. for cleaning the Sebastian Tax Collector's Offices of $687.27 per month/$8,247.24 per year. The total cost for Custodial Services is $620,380.20. Group Firm Location Annual Price Group 1 (Courthouse and Main Library) K's Commercial Cleaning Port St. Lucie $195,708.96 Group 2 (Health Department and Admin Buildings minus Tax Collector) Beachland Cleaning Service Vero Beach $228,468.00 Group 3 (43rd Ave Complex and Sheriffs General Services Modular Building K) W&G Maintenance Corp. Palm Bay $113,880.00 Group 4 (NC Library) CER Signature Cleaning Vero Beach $44,160.00 Group 5 (NC Offices and Tax Collector in Building B and the Sebastian Tax Collector's Offices) American Janitorial, Inc. Umatilla $38,163.24 TOTAL $620,380.20 PAGE TWO 78 C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@780D552B\@BCL@780D552B.doc Consent Agenda item for 01/15/19 Approval of First Extension to Agreements for Custodial Service FUNDING Funding for Custodial Services is included in the Facilities Management Budget in Janitorial Services, Account No. 00122019-033410, as follows: for K's Commercial Cleaning $195,708.96; for Beachland Cleaning Service $228,468.00; for W&G Maintenance Corp. $113,880.00; for CER Signature Cleaning $44,160.00; for American Janitorial, Inc. $38,163.24. The total cost for custodial Services is $620,380.20. RECOMMENDATION Staff requests the Board of County Commissioners approve the First Extensions to the Agreement and authorize the Chairman to execute them after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS First Extension First Extension First Extension First Extension First Extension - — K's Commercial Cleaning — Beachland Cleaning Service — W&G Maintenance Corp — CER Signature Cleaning American Janitorial, Inc. APPROVED AGENDA ITEM FOR JANUARY 15, 2019 79 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@780D552B\@BCL@780D552B.doc FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CUSTODIAL SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide custodial services is entered into effective as of January 15, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and KS Commercial Janitorial Service, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Custodial Services effective March 6, 2018; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 6, 2018 and will end on March 5, 2019; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and 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 March 6, 2019 and shall end on March 5, 2020; one additional renewal term is available beyond this first renewal. 3. 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. 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 80 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. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. KS COMMERCIAL JANITORIAL INDIAN RIVER COUNTY, FLORIDA SERVICE, INC. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Bob Solari, Chairman 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 81 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CUSTODIAL SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide custodial services is entered into effective as of January 15, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and Heveron Group, Inc., d/b/a Beachland Cleaning. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Custodial Services effective March 6, 2018; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 6, 2018 and will end on March 5, 2019; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and 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 March 6, 2019 and shall end on March 5, 2020; one additional renewal term is available beyond this first renewal. 3. 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. 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 82 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. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. HEVERON GROUP, INC. INDIAN RIVER COUNTY, FLORIDA D/B/A BEACHLAND CLEANING SERVICES BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Bob Solari, Chairman 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 83 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CUSTODIAL SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide custodial services is entered into effective as of January 15, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and W&G Maintenance Corp ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Custodial Services effective March 6, 2018, and amended on May 1, 2018; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 6, 2018 and will end on March 5, 2019; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and 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 March 6, 2019 and shall end on March 5, 2020; one additional renewal term is available beyond this first renewal. 3. 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. 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 84 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. 4. All other terms and provisions of the Agreement and Amendment shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. W&G MAINTENANCE CORP INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Bob Solari, Chairman 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 William K. DeBraal Deputy County Attorney 85 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CUSTODIAL SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide custodial services is entered into effective as of January 15, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and C.E.R. Signature Cleaning, LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Custodial Services effective March 6, 2018; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 6, 2018 and will end on March 5, 2019; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and 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 March 6, 2019 and shall end on March 5, 2020; one additional renewal term is available beyond this first renewal. 3. 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. 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 86 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. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. C.E.R. SIGNATURE CLEANING, LLC INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Bob Solari, Chairman 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 87 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CUSTODIAL SERVICES This First Extension and Amendment (First Extension) to that certain Agreement to provide custodial services is entered into effective as of January 15, 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and American Janitorial, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Custodial Services effective March 6, 2018 and amended on May 22, 2019; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of March 6, 2018 and will end on March 5, 2019; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and 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 March 6, 2019 and shall end on March 5, 2020; one additional renewal term is available beyond this first renewal. 3. 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. 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 88 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. 4. All other terms and provisions of the Agreement and Amendment shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. AMERICAN JANITORIAL, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Bob Solari, Chairman 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 89 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Amendment No. 2 to Work Order No. 4 with Masteller & Moler, Inc. for the Victor Hart Sr. Complex Drainage Improvement Project, IRC -1760 DATE: January 4, 2019 DESCRIPTION AND CONDITIONS On February 6, 2018, the Board of County Commissioners approved Work Order No. 4 with Masteller & Moler, Inc. to provide design services for drainage improvements to the existing football field and associated parking areas at the Victor Hart Sr. Complex (fka Gifford Park), located at 4715 43`d Avenue in the amount of $26,820.00. On June 5, 2018, Amendment No. 1 to Work Order No. 4 in the amount of $6,456.00 was approved by the Board of County Commissioners to include stormwater treatment and underground utility location services as part of the project's design, increasing the total design cost to $33,276.00. In an attempt to improve the construction cost estimates for the project, including quantifying the cost of sourcing fill from both onsite and offsite, County Staff requested construction cost estimation services from Masteller & Moler, Inc. for the project. Amendment No. 2 to Work Order No. 4 includes construction cost estimation services for a total fee of $500.00, increasing the total design cost for Work Order No. 4 to $33,776.00. FUNDING Funding for this project, including Amendment No. 2 to Work Order No. 4 with Masteller & Moler, Inc. in the amount of $500.00 is budgeted and available in Victor Hart Sr. Complex Drainage and Parking Improvements- Account No. 31521072-066510-18005. RECOMMENDATION Staff recommends that the BCC approve Amendment No. 2 to Work Order No. 4with Masteller & Moler, Inc. for the Victor Hart Sr. Complex Drainage Improvement Project, and authorize the Chairman to execute the Amendment in the lump sum amount of $500.00. ATTACHMENTS Amendment No. 2 to WO No. 4 APPROVED AGENDA ITEM FOR JANUARY 15, 2019 90 AMENDMENT NUMBER 2 TO WORK ORDER NUMBER 4 VICTOR HART SR. COMPLEX DRAINAGE IMPROVEMENTS — IRC -1760 This Amendment 2 to Work Order Number 4 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 4th, 2014, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into the 24th day of October, 2017 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 4, Effective Date February 6, 2018, including Amendment No. 1, Effective Date June 5, 2018. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MASTELLMOLER, INC OF INDIAN RIVER COUNTY By: Stephen E. Moler, PE Title: Vice President By: Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 91 M MASTELLER & MOLER, INC. 1655 276 Street, Ste. 2, Vero Beach, FL 32960 M - CIVIL ENGINEERS - (772) 567-5300 EXHIBIT A Masteller & Moler, Inc. (MM) Masteller & Moler, Inc. will provide Professional Engineering Services for the project at the request of the County as follows: Scope of Work: Permitting Deletion: Original Work Order # 4 included preparation and submittal of IRC Land Clearing and Tree Removal permit applications. We understand these permit applications are not needed and as such we are removing them from the Work Order. Cost Estimating: Masteller & Moler, Inc. will provide cost estimating services to support the County to bid the project. Fee Schedule: Cost Estimating $ 500.00 Time Schedule: 1. Amendment No. 2 shall be completed as follows: Cost Estimating Prior to Bid Date 2. Deliverables —the ENGINEER shall provide the COUNTY: Cost Estimate —Two (2) signed & sealed hard copies and One (1) pdf File# 1755 (1755_AmendNo2_19-0103.docx) Page 1 of 1 92 84 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 7, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid .2019018—Gifford Aquatic Center Pool Resurfacing BACKGROUND: The Recreation Division requested the solicitation of bids to resurface the zero entry pool, which reaches a depth of five feet. The Gifford Aquatic Center (GAC) opened in 2002, and the existing surface is original to the facility. The surface is chipping and is suspected to be leaking and has been identified by Florida Department of Health (FDOH) inspectors as needing to be replaced. FDOH has granted an extension until April 25, 2019 for repairs to be completed. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: November 12, 2018 December 18, 2018 251 Subscribers 10 Vendors 3 Vendors Bidder Location Total Bid Price Aquatic Surfaces of the Treasure Coast, Inc. Stuart $87,038.70 Family Pools Port St. Lucie Not Responsive - bid form and disclosure of relationships forms not signed ZTI Inc. Oakland Park $286,609.00 ANALYSIS The project was initially budgeted at $56,000 and bid during the 2017/2018 FY. The single bid received was $94,171.00, and the Board subsequently rejected that bid and authorized staff to rebid. 93 CONSENT SOURCE OF FUNDS: Funding in the amount of $56,000 was budgeted in Fiscal Year 2017/18 and will be made available by a roll over budget amendment from MSTU Fund/Gifford Aquatic Center/Other Improvements Except Building account 00410572-066390. The remaining balance of $31,038.70 will be funded via budget amendment from MSTU Fund/Reserve for Contingency. RECOMMENDATION: Staff recommends the Board award bid 2019018 to Aquatic Surfaces of the Treasure Coast, Inc. 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 94 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 Aquatic Surfaces of the Treasure Coast, Inc. (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: Gifford Aquatic Center Pool Resurfacing 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: Gifford Aquatic Center Pool Resurfacing Bid Number: 2019018 Project Address: 4895 43rd Avenue, Vero Beach, FL 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 30th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. Page 1 95 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: Numerical Amount: $87,038.70 Written Amount: Eighty-seven thousand, thirty-eight dollars and seventy cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment A. 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 A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless 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: Page 2 96 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 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 8, inclusive); (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; Page 3 97 (4) Invitation to Bid 2019018; (5) Addendum number 1; (6) CONTRACTOR'S Bid Form (pages 14 to 15 of 35, inclusive); (7) Bid security (check 1001576957); (8) Drug Free Workplace Form (page 16 of 35); (9) Affidavit of Compliance (page 17 of 35); (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 and 19 of 35, inclusive); (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20 of 35); (12) Bidders Questionnaire (pages 21 through 23 of 35, inclusive); (13) Warranty Information Form (page 24 of 35); (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Page 4 98 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 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. (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. Page 5 99 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 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; Page 6 100 (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 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. 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. Page 7 101 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: TBD, 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: Name: Michael Redstone Designated Representative: Title: Recreation Manager Name: Address: 1800 27th Street, Vero Beach, FL 32960 Title: Phone: (772) 226-1727 Address: Email: mredstone@ircgov.com Page 8 Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 102 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 7, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2019017 — North County Aquatic Center Flooring Replacement BACKGROUND: The Recreation Division requested the solicitation of bids to replace the epoxy paint locker room flooring at the North County Aquatic Center (NCAC) with composite. The facility was opened in 2002 and includes two pools, an office area, classroom and Men's and Women's locker rooms with restrooms. The restrooms are used by most patrons of the pool, as well as those using the nearby ballfield and trails. The original floors were coated with epoxy paint and have been repainted by staff with epoxy grit floor paint, and have been difficult to keep clean. The upgraded flooring is anticipated to provide more slip resistance and be easier to maintain and clean. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: December 6, 2018 December 28, 2018 253 Subscribers 5 Vendors 1 Vendor Bidder Location Total Bid Price Close Construction, LLC Okeechobee $67,632.00 ANALYSIS The project was initially budgeted at $75,000 and bid during the 2017/2018 FY. No bids were received. SOURCE OF FUNDS: Funding in the amount of $67,632 will be made available via roll over budget amendment from MSTU Fund/North County Aquatic Center/Flooring account 00410472-041220. 103 CONSENT RECOMMENDATION: Staff recommends the Board award bid 2019017 to Close Construction, LLC. 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 104 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 Close Construction, LLC (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: Replacement of the existing epoxy flooring with Altro Aquarious or equivalent in the men's and women's restrooms, locker rooms and shower areas at the North County Aquatic Center. 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: North County Aquatic Center Flooring Replacement Bid Number: 2019017 Project Address: 9450 95th Street, Sebastian 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 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $300 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. Page 1 105 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: Numerical Amount: $67,632.00 Written Amount: Sixty-seven thousand, six hundred thirty two dollars and zero cents 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 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: Page 2 106 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 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 8, inclusive); (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; Page 3 107 (4) Invitation to Bid 2019017; (5) CONTRACTOR'S Bid Form (pages 14 and 15 of 34, inclusive); (6) Bid Security (Check #419190); (7) Drug Free Workplace Form (page 16 of 34); (8) Affidavit of Compliance (page 17 of 34); (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 and 19 of 34, inclusive); (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20 of 34); (11) Certification Regarding Lobbying (page 21 of 34); (12) Warranty Information Form (page 22 of 34); (13) 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 A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Page 4 108 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 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. (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. Page 5 109 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: 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; Page 6 110 (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 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. 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. Page 7 111 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: Michael Redstone Name: Title: Recreation Manager Title: Address: 1800 27th Street, Vero Beach, FL 32960 Address: Phone: (772) 226-1727 Email: mredstone@ircgov.com Page 8 Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 112 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 7, 2019 Subject: Miscellaneous Budget Amendment 003 Description and Conditions 1. On January 8, 2019, the Board of County Commissioners approved the acquisition of Flight Safety Drive and Dodger Road parcels. Exhibit "A" appropriates funding of $105,000 from Optional Sales Tax/Cash Forward Oct 1St 2. On December 18, 2018, the Board of County Commissioners approved the purchase of closed captioning equipment. Exhibit 'A" appropriates funding in the amount of $ 107,070 from Optional Sales Tax/Cash Forward -Oct 1St 3. On December 18, 2018, the Board of County Commissioners approved Work Order # 2 Coastal Waterways Design, LLC for construction of emergency beach access at Round Island Park. Exhibit "A' appropriates funding in the amount of $ 37,250 from Beach Restoration Fund/Cash Forward -Oct 1St 4. On August 14, 2018, the Board of County Commissioners approved the Interlocal Agreement and Memorandum of Understanding between the Solid Waste Disposal District and the Town of Indian River Shores. Exhibit "A' appropriates funding in the amount of $ 184,094 from SWDD/Cash Forward -Oct 1St to fund the purchase of recycling carts in the amount of $112,094 and $72,000 for payment to the Town for recycling services. 5. 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. Per the terms of the lease, Indian River County will pay Verotown $800,000 per year. Exhibit "A" allocates funding for the first year and ten months in the amount of $1,600,000 which will be provided by $1,300,000 from Tourist Tax/Cash Forward -Oct 1st and $300,000 from Optional Sales Tax/Cash Forward -Oct 1St 6. Electric expenses in County departments that were serviced by City of Vero Beach Electric were budgeted with a 20% reduction in FY 18/19 in anticipation of the sale of the City of Vero Beach Electric to FP&L occurring Oct 1St. Due to the delay of the sale (Dec 17, 2018) some County departments need to increase their electric expense budget. Exhibit "A" appropriates funding from Utilities/Cash Forward $5,991, General Fund/Reserve for Contingency $58,656, MSTU/Reserve for Contingency $146, Transportation Fund/Reserve for. Contingency $5,944 and Emergency Services/Reserve for Contingency $2,080 for a total of $72,817. 113 Board of County Commissioners Page2of2 January 7, 2019 7. The County Attorney's Office has had some unbudgeted expenses such as legal services for MLB/Dodgertown lease, legal advertising expenses and Environmental Health Issues. Exhibit "A" appropriates funding of $62,500 from General Fund/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 114 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote-, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2018. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATNEY Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Non-Revenue/Cash Forward -Oct 1st. 315039-389040 $105,000 $0 Expense Optional Sales Tax/Dodgertown/AII Land 31516275-066110 $105,000 $0 2. Revenue Optional Sales Tax/Non-Revenue/Cash Forward -Oct 1st. 315039-389040 $107,070 $0 Expense Optional Sales Tax/Computer Services/Other Machinery & Equipment 31524113-066490 $107,070 $0 3. Revenue Beach Restoration Fund/Non-Revenue/Cash Forward -Oct 1st. 128039-389040 $37,250 $0 Expense Beach Restoration/Other Professional Services 12814472-033190 $37,250 $0 4. Revenue SWDD/Non-Revenue/Cash Forward -Oct 1st 411039-389040 $184,094 $0 Expense SWDD/CC& Recycling/Other Operating Supplies 41125534-035290 $112,094 $0 SWDD/CC& Recycling/Other Contractual Services 41125534-033490 $72,000 $0 5. Revenue Tourist Tax/Cash Forward -Oct 1st 119039-389040 $1,300,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $300,000 $0 Dodgertown Capital Reserves/Non-Revenue/Fund-Transfer In 308039-381020 $1,600,000 $0 Expense Tourist Tax/Reserves/Transfer Out 11919981-099210 $1,300,000 $0 Optional Sales Tax/Reserves/Transfer Out 31519981-099210 $300,000 $0 Dodgertown Capital Reserve/Dodgertown Complex 30816275-066510-01002 $1,600,000 $0 6. Revenue 116 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/Cash Forward -Oct 1st 471039-389040 $5,991 $0 Expense General Fund/Main Library/Electric Services 00110971-034310 $5,200 $0 General Fund/Facilities Mgmt/Electric Services 00122019-034310 $32,656 $0 General Fund/Sheriff/Other Utility Services 00160021-034390 $20,800 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $58,656 MSTU/Recreation/Electric Services 00410872-034310 $146 $0 MSTU/Reserves/Reserve for Contingency 00419981-09910 $0 $146 Transportation Fund/Road & Bridge/Electric Services 11121441-034310 $1,560 $0 Transportation Fund/Traffic Engineering/Electric Services 11124541-034310 $4,243 $0 Transportation Fund/Stormwater/Electric Services 11128138-034310 $141 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $5,944 Emergency Services/Fire Rescue/Electric Services 11412022-034310 $2,080 $0 Emergency Services/Reserves/Reserve for Contingency 11412022-099910 $0 $2,080 Utilities/General & Engineering/Electric Services 47121836-034310 $1,748 $0 Utilities/Waste Water Collections/Electric Services 47126836-034310 $4,243 $0 7. Expense General Fund/County Attorney/Legal Services 00110214-033110 $50,000 $0 General Fund/County Attorney/Legal Advertising 00110214-034940 $1,500 $0 General Fund/County Attorney/Recording Fees 00110214-034830 $1,000 $0 General Fund/County Attorney/Other Professional Services 00110214-033190 $10,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $62,500 117 CONSENT: 1/15/19 BCC MEETING ?K Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,-County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney DATE: January 7, 2019 SUBJECT: GYAC Classroom Building Project — Grant of Easement to FPL In May, 2018 Gifford Youth Achievement Center's minor site plan application was approved for the construction of a 2 -story "classroom" (civic center) building (4889 43rd Avenue) and associated site improvements (Phase I: ground floor is 13,998 square feet with 6 classrooms, offices, and storage; Phase II: second floor is 13,998 square feet with 10 classrooms). The construction is presently underway by Proctor Construction, and in support of the GYAC Classroom Building Project, an easement to Florida Power & Light Company is required. Staff requests that the Board consider the granting of the attached Easement in favor of Florida Power & Light Company. FUNDING: The only cost associated with this request is the recording fees for the Easement in the amount of $27.70 which is to be paid from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). RECOMMENDATION: Approve the Easement in favor of Florida Power & Light Company and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. /nhm Attachment: Easement 118 Work Request No. 8474422-- • E-ASEMENT-• - Sec.21, Twp 32 S, Rge 39 E (BUSINESS) This Instrument Prepared By Parcel I.D. 32-39-21-00001-0090-00001.0 Office of County Attorney and 32-39-21-00001-0090-00001.1 Indian River County (Maintained by County Appraiser) 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, Licensees, agents, successors, and assigns (“FPL"), a non-exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, . guys, cables, conduits and appurtenant equipment) to be installed from time 'to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Areal Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 2019. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest:. Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: By: Deputy Clerk Approved as to form and legal suffic-ncy: BY'JJ ._._ ,% AP William K. • eBraal Deputy County Attorney Bob Solari, Chairman BCC approved: (Official Seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2019, by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, who is personalty known to me and who did not take an oath. SEAL: NOTARY PUBLIC: signature: printed name: Commission No.: 119 Commission Expiration: - Exhibit "A' - Legal Description & Sketch for a FPL Easement at the Gifford Youth Achievement Center Site Indian River County, Florida Sheet 1 of 2 Not Valid Without All Sheets SURVEYORS NOTES 1) THE BASIS OF BEAR/NGS IS THE EAST LINE OF SECTION 21 WHICH BEARS S0070'46"W. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE STANDARD PRACTICES FOR SURVEYING AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRA77VE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. LEGEND R/W RIGHT—OF—WAY N0. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE CB CHORD BEARING PSM PROFESSIONAL SURVEYOR AND MAPPER DELTA N NORTH S SOUTH E EAST W WEST FPL FLORIDA POWER & LIGHT LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF TRACT 9, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST. THENCE S0070'46"W, ALONG THE EAST LINE OF SAID SECTION 21; A DISTANCE OF 30.00 FEET TO AN INTERSEC77ON WITH THE SOUTH RIGHT OF WAY LINE OF THE LATERAL A-8 CANAL; THENCE N89 446'19"W ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 254.50 FEET; THENCE S0070'46"W, A DISTANCE OF 163.73 FEET TO THE PO/NT OF BEGINNING OF THERE HEREIN DESCRIBED EASEMENT; THENCE S86 01'01 E, A DISTANCE OF 13.59 FEET; ]HENCE 530'47'17"E, A DISTANCE OF 26.24 FEET; THENCE S10 46'47"E, A DISTANCE OF 25.72 FEET; THENCE S32'58'16"W, A DISTANCE OF 18.45 FEET THENCE S0337'35"E, A DISTANCE OF 23.80 FEET; THENCE S2979'51 "W, A DISTANCE OF 29.50 FEET; THENCE S0374'06 E, A D/STANCE OF 29.27 FEET; THENCE S1746 58"W, A DISTANCE OF 24.32 FEET; THENCE S8551'46"W, A DISTANCE OF 53.98 FEET; THENCE N87'07'38"W, A DISTANCE OF 9Z69 FEET. THENCE S6270'34"W, A DISTANCE OF 94.46 FEET; THENCE N274926"W, A DISTANCE OF 10.00 FEET; THENCE N62'1034"E, A DISTANCE OF 97.20 FEET; THENCE S87 07'38"E, A DISTANCE OF 99.82 FEET; THENCE N85 51 '46 "E, A DISTANCE OF 46.61 FEET; THENCE N174658 E, A DISTANCE OF 15.71 FEET; THENCE N0374'06"W, A DISTANCE OF 30.33 FEET, THENCE N2979'51"E, A DISTANCE OF 29.47 FEET; THENCE N0337'35"W, A DISTANCE OF 24.15 FEET, THENCE N32 58'16 E, A DISTANCE OF 1Z74 FEET THENCE N10 46'47"W, A DISTANCE OF 19.94 FEET; THENCE N30'47'17"W,, A DISTANCE OF 19.24 FEET; THENCE N86 01'01 "W, A DISTANCE OF Z70 FEET; THENCE N0070'46"E, A DISTANCE OF 10.02 FEET TO THE POINT OF BEGINNING. ,'.'••'{,} file%!'; =s;, CONTAINING 4,224.60 SQUARE FEET OR 0.0970 ACRES, MORE 01? LESS. REVISED P,EI? 'COM�f1ENT7 ' .1- 2-19 SKETCH OF LEGAL DESCRIPTION by: Checked by File name:' .:.,DatS '°.Sate% Drawing Name "This is NOT a Boundary Survey" 'Drawn BMM I me:ix" DMT 7158 ;� 12/20/19 NDNEr= 7158 -easement Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT ,1FALID,wiTHOUT-THE,-SIGNATURE AND TFiE-.dl31GINAL D: SE, L= OF A FLORIDA ,•LICENS 7 UR YOR; ANb MAPPER. ! L. DAVID TAYLOR P.L.S. 4230 11 11 --_ Exhibit A Legal Description & Sketch for a FPL Easement at the Gifford Youth Achievement Center Site Indian River County, Florida Sheet 2 of 2 Not Valid Without All Sheets 49TH STREET (LINDSEY ROAD) POINT OF COMMENCEMENT NE CORNER TRACT 9. SECTION 21-132S--R39E 7 LATERAL A-8 CANAL (30' R/W) soolo'46"w 30.00' - SOUTH R/W UNE LATERAL A-8 CANAL N89 46'19"W 254.50' MULTI—STORY ces WILMS POINT OF BEGINNING N0010'46"E 10.02' N8601'01 "W 7.70' N30 47'17"W 19.24' N10 46'47"W 19.94' N32 58'16"E 17.74' N0337'35"W 24.15' N2919'51"E 29.47' Th NO314'06'W 30.33' N17'46.58”E 15.71“ N8551'46"E 46.61' S87 07'38 E 99.82' S86'01.01't 13.59' S3047.17 -E 26.24' S1046'47"E 25.72' W S32 58'16"W 18.45' N6210'34"• 97.20' S03 37'35 E 23.80' S2919'51 "W 29.50' S0314.06”E 29.27“ SUBJECT 10' EASEMENT S1746'581,1 24.32' S8551'46"W 53.98' N8707'38"W 97.69' S6210'34"W 94.46' N27'49'26"W 10.00' LEGAL DESCRIPTION & SKETCH "This is NOT a Boundary Survey" 'Drawn by: Checked by File name BMM I DMT ' 7158 •- 1212.0/18`si REMISED PER COMMENTS 1-2-19 *::Drawing Name 7158 -easement Masteller, Moler & Taylor, Inc. PROFESSIONAL SURVEYORS AND MAPPERS LAND SURVEYING BUSINESS #4644 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 NOT VALID,WITHOUT- THE..SIGNAIURE AND THE: - d I0tyAL+`:: ,SSD SEAL OF 3 FLORIDA • E. LENS MAPPER. j CONSENT: 1/15/19 BCC MEETING i Office o. fL- INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners 04 -P ----- FROM: William K. DeBraal - Deputy County Attorney DATE: January 8, 2019 SUBJECT: Osprey Acres Floway and Nature Preserve - Grant of Easement to FPL In conjunction with the construction of the pollution removal facility which receives flows from the adjacent existing County pollution removal facility (Osprey Marsh Algal Turf Scrubber) and the Indian River Farms Water Control District's South Relief Canal, an underground electric easement to Florida Power & Light Company is necessary. Staff requests that the Board consider the granting of the attached Easement in favor of Florida Power & Light Company. FUNDING: The only cost associated with this request is the recording fees for the Easement in the amount of $36.20 which is to be paid from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). RECOMMENDATION: Approve the Easement in favor of Florida Power & Light Company and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. /nhm Attachment: Easement 122 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 27'h Street Vero Beach, FL 32960 772-226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of January, 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, to FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its successors and assigns, whose mailing address is 700 Universe Blvd., Juno Beach, FL 33408, hereinafter called GRANTEE. (Whenever used herein, the terms GRANTOR and GRANTEE include all the parties to this instrument and their heirs, legal representatives, successors and assigns.) WITNESSETH: That GRANTOR for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, an easement for underground electric utility facilities on the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. INDIAN RIVER COUNTY, FLORIDA through its Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Bob Solari, Chairman By: Deputy Clerk APPROVED AS TO FORM AN AL WJF I BY WII.UAM K. DEBRAAL DEPUTY COUNTY ATTORNEY BCC approved: 123 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of January, 2019 by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: 2 124 F:\Public Works\ENGINEERING DIVISION PROJECTS\1611 Osprey Acres Storm Water Protect\Survey\dwg\1611—Electrical Conduit Skt—Igi Sketch and Deser tion for.•/ND/AN RIVER COUNTY Legal Description (Utility Easement) Being a Strip of land Tying in Section 24, Township 33 South, Range 39 East, said Strip also being a portion of Tract 12, as shown on the Last General Plat of The Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie (now Indian River) County, Florida, and a portion of Parcel 3, as recorded in Official Record Book 2663, Page 838, of the Public Records of Indian River County, Florida, said Strip being 10.00 feet in width and lying 5.0 feet Each side of the following described centerline. Commence at the Northwest comer of the Southwest One -Quarter of said Section 24; Thence South 89°26'11" East, along the North line of said Southwest One Quarter, a distance of 344.21 feet; Thence departing said North line, South 00°33'49" West, perpendicular to the last described line, a distance of 30.00 feet to the South Right of Way line of the Indian River farms Water Control District (I.R.F.W.C.D.) Sub -Lateral J-1 Canal and the Point of Beginning of said centerline; Thence continue along said Centerline the following Courses and Distances: South 03°39'41" South 01°23'24" South 03°26'34" South 04°08'58" South 01°28'12" South 15°21'48" South 38°33'08" South 44°20'39" South 34°53'39" South 67°42'41" South 61°48'34" South 43°43'31" South 34°41'30" East, a distance of 18.73 feet; West, a distance of 69.60 feet; East, a distance of 81.35 feet; East, a distance of 85.48 feet; West, a distance of 122.44 feet; West, a distance of 21.03 feet; West, a distance of 23.69 feet; West, a distance of 26.28 feet; West, a distance of 27.32 feet; West, a distance of 14.57 feet West, a distance of 9.53 feet; West, a distance of 7.03 feet West, a distance of 12.86 feet to the Point of Termination of said Centerline The sidelines of said strip shall be shortened or lengthened to intersect at angle points Surveyor's Notes 1) This sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Survey Section, Job No. 1601, Dated June 23, 2016 2) This legal description §hall not be valid unless: (A) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the legal description. (8) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3) The Bearings shown hereon are based on the 1983 North American Datum, 2011 adjustment and projected in the Florida DState Plane Coordinate System, East Zone. and was tied to the Florida Permanent Reference Network, deriving a Grid bearing of North 0017'13" East along the West line of the Northwest (Not valid without the signature and original Quarter, of the Southwest Quarter of Section 24, raised seal of a Florida licensed Surveyor and Mapper) Township 33 South, Range 39 East. Certification 4) Containing 5240 Square Feet.t (0.12 Acres±) This is not a Boundary Survey I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Legal is true and correct to the best of my knowledge and belief."'aapL00'Y I further certify that this Sketch and Description meets theSlandfrdspt Practjce f9l sui0eys set forth by the Florida Professional Board of Surveyors andMappervkichapter 5S-17'052 Florida Administrative code, pursuant to section 472.027 Florida teSt3tutes ` ! ' /Z -1q- zi9r' Date of Signature ;; ' David . Silon- ".Profe ionai.Surveyor andMapper FibridatCertrfieate No; 6139 AGENCY: /ND/AN R/VER COUNTY FL PUBL/C WORKS DEPT/ENG/NEER/NC D/l! DATE: /2/14/18 DRAWN BY: R. /NCLE7T SCALE: N/A APPROVED BY: D.S/LON SHEET: 1 4F 2 JOB NO: 1611 �: Sketch and Legapescription for.. /ND/ANRIVER COUNTY 125 EXHIBIT "A" F: \Public Works\ENGINEERING DIVISION PROJECTS\1811 Osprey Acres Storm Water Project\Survey\dwg\1811—EleotNcoi Conduit Skt-lgi Sketch. and Legal Description for /ND/ANRIVER COUNTY RIGHT-OF-WAY UNE ( 1 RIGHT-OF-WAY LINE Point of Commencement NORTHWEST CORNER OF THE SOUTHWEST 1/4 \\ SECTION 24-33-39 I.R F.W.C.O SUB -LATERAL E-7 CANAL ; RIGHT-OF-WAY UNE LESS NORTH 30'_J FOR CANAL R/W I.R.F.W.C.D. 30' SEC. 23 LATERAL "E" T33S, R39E (30' CANAL R/W) NORTHEAST 1/4 OF TUE SOUTHEAST 1/4 TRACT 9 LR.F.C.S. (PBS 2, PGE 25) EAST UNE OF TRACT 9 AND WEST RIGHT—OF—WAY UNE LATERAL 'E' CANAL 16 LR. F.C.S (PBS 2, PGE 25) 30' 0 o ov o Z c„ w z 1— NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE—.,„ SOUTHWEST 1/4 SEC. 24—T33S—R39E 5th STREET SW o co S89'26'11"E - 344.21' l.R F.W.C.D. SUB -LATERAL J-1 CANAL-S00'33'49"W (30' CANAL R/W) 30.00' AY Point of 03'39'41"E Beginning 18.73' 01'23'24"W 69.60' Not to Scale SEC. 24 T33S, R39E TRACT 12 LR.F.C.S. (PBS 2, PGE 25) RREF R8 2012 LT1-FL-PHP, LLC 33-39-24-00000-5000--00001.0 (PER 0.R.B. 2663, PAGE 838) OSPREY ACRES PARCEL 3 (TRACT 12 LESS THE NORTHEAST 1/4) (O.R.B. 2663, PAGE 838) WEST UNE OF TRACT 12 AND EAST RIGHT—OF—WAY UNE OF 12th AVENUE SW 544'20'39"W-26.2 S61'48'34"W-9.53' S34'41 '30"W-1 2.86' 232.88' Point of / Termination 10. 03'26'34"E 81.35' 04'08'58"E 85.48' SO1'28'12"W 122.44' S15'21'48"W 21.03' S38'33'08"W 23.69' S34"53'39 -W-27.32' S67'42'41 "W-14.57' 43'43'31"W-7.03' 7th STREET SW DS = DEED BOOK Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT POE. = PAGE I.R.F.C.S. = INDIAN RIVER FARMS R = RANGE COMPANY SUBDIVISION RM' =RIGHT -0F -WAY LLC = LIMITED LIABILITY COMPANY SEC. = SECTION O.R.B. = OFFICIAL RECORD BOOK SW = SOUTHWEST P8 = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND T = TOWNSHIP OSLO PARK BLOCK "K" (PB 3, PGE 96) This is not a Boundary Survey AGENCY: SND/AN RIVER' COUNTY, FL PUBLIC WORKS DEPT/ENGINEER/NG DN. DATE: 12/14/18 DRAWN BY: R. /NGLETT SCALE: N/A APPROVED BY: D.S/LON SHEET: 2 OF JOB NO: 1611 Sketch and Legal Description for, /NDIANR/VER COUNTY 126 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 Sheriff's 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 Sheriffs 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 Sheriffs Office and IUPA collective bargaining agreement. Sincerely, Deryl Loar, Sheriff DL/jh 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.ircsheriff.org 127 PUBLIC HEARING: 1/15/19 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 Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 129 Section 125.68(1)(a), Florida Statutes requires counties to maintain a current codification of all ordinances and an annual publication of such codification by the Board of County Commissioners. FUNDING: The only cost associated with this item was the cost of publication of the notice of public hearing in the amount of $133.65 which is being paid from the County Attorney's Budget/Legal Ads; Account No. 00110214-034910. RECOMMENDED ACTION: Open the public hearing, take public comment, close the public hearing, and adopt the ordinance to codify and publish the ordinances published in The Code of Indian River County up to and including Supplement 129. /nhm Attachment: proposed ordinance 128 ORDINANCE NO. 2019 - 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. WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a current codification of all ordinances; and WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of such codification by the Board of County Commissioners; and WHEREAS, Municipal Code Corporation publishes periodic supplements to The Code of Indian River County more often than annually on behalf of the Board of County 1 Commissioners; and WHEREAS, Subsection 100.03(1) of Chapter 100 of The Code of Indian River County, provides: The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted, BE IT ORDAINED by the Board of County Commissioners of Indian River County, as follows: SECTION 1. CODIFICATION AND PUBLICATION. Section 100.03, Amendment or repeal of ordinances, of The Code of Indian River County is hereby amended to read as follows: 1 CODING: Words in strike through format are deletions to existing text; words in underlined format are additions to existing text. 129 ORDINANCE NO. 2019- 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. 4. All ordinances published by the Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 124 129 thereto are deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. SECTION 2. SEVERABILITY. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. SECTION 3. CODIFICATION. The amended language contained in Section 1 of this ordinance shall be codified as Section 100.03 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. 2 CODING: Words in strike through format are deletions to existing text; words in underlined format are additions to existing text. 130 ORDINANCE NO. 2019 - This ordinance was advertised in the Indian River Press Journal on the 28th day of December, 2018, for a public hearing to be held on the 15th 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 15th day of January, 2019. Attest: Jeffrey R. Smith, Clerk and BOARD OF COUNTY COMMISSIONERS Comptroller INDIAN RIVER COUNTY, FLORIDA By Deputy Clerk By Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN R INGOLD OM!NTY AcrrOPINCY Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of January, 2019. 3 CODING: Words in star-ike-th-raug4 format are deletions to existing text; words in underlined format are additions to existing text. 131 Treasure Coast Newspapers TCPALM I 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 ZoIlar, 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 28, 2018 2188499 NOTICE OF PUBLIC HEARING Sworn to and subscribed before me this day of, December 28, 2018, by who is Natalie Zoller (X) personally known to me or ( ) who has produced as identification. Karol Kangas (/ Notary Public 4 t ;i+:;"•.. KAROLEKANGAS M ( h NoteyPublic-Rateoffalda Commission/ 66 126041 ( `"q� klyComntExplresJu129,2021 ) 4 .'@`t Bandedlhmpht4atIomlsioaryJi, ) 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 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 PUBLISH- ING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 129 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVI- DENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, January 15, 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 TCN2188499 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: January 7, 2019 SUBJECT: Public Hearing: Ordinance Amending Section 210.01 and Section 210.03 of the Code regarding the fourth cent of the Tourist Development Tax At the December 18, 2018, Board of County Commission Meeting, the Board of County Commissioners (Board) approved the Historic Dodgertown Facility Lease Agreement between Major League Baseball and Indian River County. This approval included a recommended change to the County's Code to allow for the use of the County's Fourth Cent Tourist Tax (the Professional Sports Franchise Facility Tax), "To promote and advertise tourism in Florida, nationally, and internationally..." in accordance with Section 125.0104, Florida Statutes. Consistent with the direction of the Board, the County Attorney's Office drafted the attached ordinance 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 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. Staff Recommendation: Staff Recommends that the Board of County Commissioners opens the Public Hearing, and after hearing all public comments, the Board approves the draft ordinance as proposed. 132 ORDINANCE NO. 2019 - 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. 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 210.01 (Taxing district and levy) and Section 210.03 (Authorized uses of revenue) of Chapter 210 (Tourist Development Tax). New language indicated by underline, and deleted language indicated by strikcthro gh 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 is hereby amended to read as follows: CHAPTER 210. TOURIST DEVELOPMENT TAX. Section 210.01. Taxing district and levy. (a) There are hereby created two (2) taxing districts in which the tourist development tax is imposed. One taxing district encompasses the geographical boundaries of the City of Vero Beach. The second taxing district encompasses the remainder of geographical boundaries of Indian River County. 1 133 ORDINANCE NO. 2019- (b) There is hereby adopted and imposed a two (2) percent tourist development tax in accordance with F.S. § 125.0104, on the exercise within each of the taxing districts herein created of the taxable privilege of renting, leasing or letting, for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or Tess. (c) There is hereby adopted and imposed an additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(d), on the exercise within each of the taxing districts of the taxable privilege of renting, leasing, or letting for a consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. Said additional tax shall be for the purpose of funding those authorized uses of tourist development tax revenue as set out in section 210.03(a)(4) of this ordinance. (d) There is hereby adopted and imposed an additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(I), on the exercise within each of the taxing districts of the taxable privilege of renting, leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less. Said additional tax shall be for the purpose of funding those authorized uses of tourist development tax revenue as set out in section 210.03(a)(2) and section 210.03(a)(6) of this chapter. Section 210.03. - Authorized uses of revenue. (a) All revenues received pursuant to this article shall be used for the following purposes only: (1) To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more publicly owned and operated convention center, sport stadium, sports arena, coliseum or auditorium within the boundaries of the county or subcounty special taxing distinct. However, these purposes may be 2 134 ORDINANCE NO. 2019 - implemented through services, contracts and leases with persons who maintain and operate adequate existing facilities; (2) To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists; (3) To fund convention bureaus, tourist bureau, tourist information centers and news bureaus as county agencies or by contract with the chambers of commerce or similar associations in the county; (4) To finance beach improvement, maintenance, renourishment restoration and erosion control, including shoreline protection, enhancement, cleanup, restoration of inland lakes and rivers to which there is public access; (5) Until such time as Indian River County reaches a population of five hundred thousand (500,000) based on the most recent population estimated prepared pursuant to the provisions of F.S. § 186.901, as in effect on July 1st of each year, tax revenues received pursuant to this article may also be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more museums, zoological parks, fishing piers or nature centers which are publicly owned and operated or owned by not-for-profit organizations are open to the public. (6) Pay the debt service on bonds issued to finance the construction, reconstruction, or renovation of a professional sports franchise facility, or the acquisition, construction, reconstruction, or renovation of a retained spring training franchise facility, either publicly owned and operated, or publicly owned and operated by the owner of a professional sports franchise or other lessee with sufficient expertise or financial capability to operate such facility, and to pay the planning and design costs incurred prior to the issuance of such bonds. (b) Up to fifty (50) percent of the revenues to be derived from the tourist development tax levied pursuant to sections 210.01(b) and (c) of this 3 135 ORDINANCE NO. 2019 - chapter shall be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section (a)(4) of this section. Up to one-half CA) of the remaining revenue derived from the tourist development tax levied pursuant to sections 210.01(b) and (c) of this chapter may be pledged to secure and liquidate revenue bonds issued by the county for the purposes set forth in section (a)(1). *** 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 January, 2019, for a public hearing to be held on the 15th 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 15th day of January, 2019. 4 136 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 January, 2019. 5 137 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 Joumal 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 461741- INDIAN RIVER COUNTY ATTORNEY'S OFFICE 2190993 pub Dates January 4, 2019 Sworn to and subscribed before me this day of, January 04, 2019, by who is Natalie Zollfr (X) personally known to me or ( ) who has produced as identification. Karol Kangas (/ Notary Public (r 460 ;;;;. '' • KAROL E KANGAS ! 4 _ p.�„`t,; NMaryPubllc-StateofRsdde i Commissbn f GG 126041 MyCnmmExplresJu129,2021 1 0 •• BmdedthmaphNaumwxs1 tas PO # NOTICE OF PUBLIC HEARING (37F 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 210.01 (TAXING DISTRICT AND LEVY) AND SECTION 210.03 (AUTHORIZED USES OF REVE- NUE) OF CHAPTER 210 (TOUR- IST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO ALLOW FOR THE FOURTH CENT OF THE TOURIST DEVEL- OPMENT TAX TO BE USED FOR PROMOTION AND ADVER- TISEMENT OF TOURISM AND CLARIFY THE USE OF TOUR- IST DEVELOPMENT TAXES FOR PROMOTION AND ADVERTISE- MENT OF TOURISM; AND PRO- VIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, January 15, 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 Complex, 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 Jan 4th 2019 TCN 2190993 i3-1(3 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 10, 2018 SUBJECT: Historic Dodgertown Facility Lease Agreement In 1948, the Dodgers set up their Spring Training headquarters in Vero Beach for 26 minor league teams and more than 600 players, and played their first major league exhibition game on March 31' 1948. During more than 50 years of Dodger ownership by the O'Malley family, Dodgertown became synonymous with Major League Baseball's best Spring Training base. Walter O'Malley built the Stadium which opened in 1953 and was dedicated "to Honor Bud L. Holman of the Friendly City of Vero Beach." The history of Dodgertown is notable as the first integrated Spring Training Facility, providing a place for Jackie Robinson to train during his historic color barrier breaking run. Numerous Dodger Hall of Famers have contributed to the distinguished history of these hallowed grounds including Jackie Robinson, Pee Wee Reese, Duke Snider, Roy Campanella, Sandy Koufax, Don Drysdale, Don Sutton, Walter Alston, Tommy Lasorda, Branch Rickey, Walter O'Malley, Vin Scully, Red Barber and Jaime Jarrin. In addition, countless Hall of Famers from other Major League teams played Spring Training games at Holman Stadium. The Dodgers and the New York Mets played the first nationally - televised Spring Training game here on March 20, 1988. Historic Dodgertown was the home of Dodger Spring Training for 60 years from 1948 to 2008, and was the starting place for six World Championships and 14 National League Pennant winning teams. In 2012, Peter O'Malley started the next chapter in Historic Dodgertown history, when he formed a partnership and took over management of the property as a multi -sport complex. Today, the facility has never been more active year-round. The all-inclusive facility gives teams of all ages the unique opportunity to train, play, dine, and stay together. Two years ago, Peter O'Malley began laying the groundwork for an agreement between Major League Baseball (MLB) and Indian River County (County) with the goal of developing a partnership that will preserve Historic Dodgertown. MLB has the vision and the resources to make great things happen, and they recognize the rich tradition and history of the facility, and 138 what it has meant to the game of baseball. Their plans will honor, respect, and elevate the history of Dodgertown. Staff believes that MLB is the best partner to ensure that the next chapter of Historic Dodgertown is a success. The existing Facility Lease Agreement between Verotown, LLC (Verotown) and Indian River County will expire on April 30, 2019. County staff, along with our outside counsel, has worked with MLB to reach terms of an Amended and Restated Facility Lease Agreement between the two parties wherein MLB is purchasing the ownership interest in Verotown. The proposed initial term of this agreement is ten years and eight months with three successive renewal options of five years each. I am comfortable recommending that the Board approve the amended lease agreement based on these terms as being in the best interest of the residents of Indian River County. The agreement represents a partnership where the County and MLB, operating as Verotown, share in the cost of facility improvements. In broad summary, the County will be responsible for initial repairs on items consisting mostly of roof replacements and concession stand replacements/repairs where maintenance had been deferred during the economic downturn. Verotown will be responsible to make some initial facility improvements such as an indoor training facility. Additionally, Verotown will make some facility repairs such as replacing the entire Holman Stadium seating bowl. The County will reimburse Verotown for 50% of these costs within the limits of the Capital Reserve Account as set forth in the lease agreement. Other than the County -funded initial improvements, the County's annual contribution will be its only obligation for facility improvements and maintenance. Verotown will be responsible for all other capital improvements and maintenance for the duration of the initial term and any renewal term. The agreement will essentially transition from the County funding the initial deferred maintenance items, to Verotown and the County sharing Verotown's initial improvement costs on a 50%/50% basis, to Verotown fully funding any facility costs beyond the amount approved in the Capital Reserve Fund. Per the term sheet, the County will be responsible to fund the deferred maintenance items mentioned above (as detailed in the funding section below) over the first (3) three years. The estimated cost of these repairs and/or replacements is $4.9 million. It is important to note that these repairs would be necessary for any tenant to continue operating Historic Dodgertown. Staff believes it is highly unlikely that any party interested in operating the facility would not require these improvements to be completed by the County. Simultaneously, Verotown will make initial improvements mentioned above (as detailed in the funding section below) during the first three (3) years. County staff has estimated the cost of these improvements at approximately $10 million. Verotown will be eligible to receive reimbursement for 50% of these costs during the term of the lease. Based upon these cost estimates, this will exhaust the Capital Reserve Account dollars for most of the initial 11 -year term. The Capital Reserve Account will be funded by the County in the amount of $800,000 for the first five years, then $400,000 beginning in Year 6 for the remainder of the lease (adjusted for inflation beginning in Year 7). Once those funds are exhausted, any future facility improvements, repairs, and maintenance will be solely the responsibility of Verotown. Staff anticipates that during the initial 11 -year lease term, Verotown's facility expenses will exceed the County's contribution. In order to expedite the roofing repairs mentioned above, Verotown will manage these projects (subject to oversight by the County), with funding provided by the County. County staff requests that the Board of County Commissioners waive the requirements for bids in order to allow for this procedurally, per the County Purchasing Code. 2IPage 139 Please note, the agreement does require the County to provide parking for large events. The documents recognize the County's Parking License Agreement with the City, and it is included as an Exhibit (Exhibit "B") to the Lease Agreement. The lease requires the County to provide 2,000 parking spaces in the event that the Parking License Agreement is terminated during the lease. This amount does not include the cost of acquiring the City golf course property. As you know, the County has offered to purchase the Golf Course Property from the City for $2.4 million, which has not been accepted by the City. In the event that the County purchases this parcel in the future, the County's total expenditure related to the facility would increase. County staff has also been working with the developers of Star Suites, which is the hotel that is currently under construction adjacent to Historic Dodgertown, to secure access to the property through Flight Safety Drive. We anticipate entering into an agreement to acquire ownership of Flight Safety Drive and the parcel to the South of the Star Suites, which has been utilized for many years to access Practice Fields 5 & 6. While the County has recently secured an access easement over Flight Safety Drive, the planned purchase will ensure final proper access/control of the facility entrance and the practice fields. Funding: As stated above, the County will be responsible for certain initial repairs or replacements to address some of the deferred maintenance items at the facility (County Improvements), as detailed below. As noted above, Verotown will manage the roofing projects, with County oversight, in an effort to expedite their completion. The estimated cost of these roof repairs and replacements is $2,225,000. It should be noted that last year's Capital Improvements Program included $1,050,000 in funding for roofing replacements spread across FY 17/18, FY 18/19, and FY 19/20. The other County Improvements, as detailed below, are projected to cost $2.7 million and are to be completed within 3 years. This results in a total cost of County Improvements at $4.9 million. Verotown will be responsible to construct various initial improvements (Verotown Improvements) as detailed below. County Staff estimates the cost of these improvements at $10 million. Verotown will be eligible for reimbursement of 50% of these costs from the Capital Reserve Account. The County will contribute $800,000 per year to the Capital Reserve Account for the first five (5) years of the lease. In Year 6, the County contribution decreases to $400,000 per year thereafter (adjusted for inflation beginning in Year 7). Based upon these cost estimates, the Verotown Improvements will exhaust the Capital Reserve Account dollars for most of the initial 11 -year term. County Improvements • Roof repairs or replacements at Vero Beach Dodger Office, Executive Building, Conference Center, Alston, Koufax and Campanella Buildings, Sleeping Rooms, and Spring Training Building • Removal and replacement of 1st and 3rd Base Concession Stands • Removal and replacement of Press Box (2nd Floor) at Main Concession Stand with a like facility 3IPage 140 • To the extent jointly identified by the parties, any mold remediation needed in the existing facility • Remove and replace TV Platforms at Holman Stadium (County may provide camera lifts as needed for Holman Stadium events) Verotown Improvements • A new indoor training facility, which will include; o Indoor turf infield o Multiple batting cages/tunnels o Classrooms o Office space o Any demolition need to make room for facility • Initial WiFi upgrades • Initial security upgrades including security cameras and keycard entry to buildings • Fire safety upgrades • Replace entire seating bowl at Holman Stadium • Upgrade covered dugout areas at Holman Stadium • New Scoreboard at Holman Stadium • Padded outfield fences at Holman Stadium • NCAA -approved standard turf baseball field • Initial hotel room upgrades including carpet and bed replacement • Kitchen replacement including reconstructed/renovated dining and preparation areas and new kitchen equipment • Initial signage installation throughout facility Staff's financing plan is summarized below: • Partial payoff of 2001 Spring Training Bonds with 4th Cent Tourist Tax Reserves (—$1,125,000). This will leave only the State payments of $500,000/ remaining for debt service. • Utilize Debt Service Reserves from Half -Cent Sales Tax for a portion of County Improvement expenses (—$1,700,000). • Utilize funds budgeted for Dodgertown Roofs in FY 17/18 ($450,000), FY 18/19 ($300,000), and FY 19/20 ($300,000) for a portion ($1,050,000 total) of County Improvement expenses. • Allocate One Cent Sales Tax reserves for remainder of County Improvement expenses in FY 19/20 and FY 20/21 ($2,175,000 total). • The Board approved FY 18/19 Capital Improvements Element fully funds the $4,925,000 deferred maintenance items. • Capital Reserve Fund — Years 1-5 = $800,000/year, Years 6-11 = $400,000/year (as adjusted for inflation. o Years 1-3 utilize 4th Cent of Tourist Tax ($650,000/year) with remainder from One Cent Sales Tax ($150,000) o Years 4-11 utilize 1/2 of 4th Cent Tourist Tax ($325,000/year) with remainder from One Cent Sales Tax ($475,000/year in Years 4-5 and $75,000/ year in Years 6-11) 4IPage 141 • Requires change to County Code to allow 4th Cent of Tourist Tax ("The Professional Sports Facility Franchise Tax") to be expended to, "promote and advertise tourism in the State of Florida and nationally and internationally. However, if the tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event must have as one of its main purposes the attraction of tourists as evidence by the promotion of the activity, service, venue, or event to tourists." in accordance with Section 125.0104, Florida Statutes. The 4th Cent would then be used to fund traditional tourism promotion activities and one of the first 2 cents would be used to fund Dodgertown facility needs (essentially swapping the 4th Cent for the Pt Cent). • In summary this: o Commits a total of $3,225,000 in One Cent Sales Tax for initial County Improvement expenses needed to correct some deferred maintenance issues currently at Dodgertown. o Provides $1.85 million in One Cent Sales Tax over 11 -year lease for Capital Reserve Fund, compared to $1.375 million in current lease. o Makes $75,000/year in Tourist Tax available for tourism promotion immediately upon lease signing due to elimination of this payment from current lease. o Makes '/2 of the 4th Cent of Tourist Tax available (—$325,000) for other uses beginning in 2022. o Makes $125,000/year funding from Half -Cent Sales Tax available to be released to the General Fund to provide for other County services. o Limits the County's commitments to the facility to the above referenced items and requires MLB to fund any other facility needs during the initial 11 -year term essentially transitioning facility responsibilities to MLB going forward. o Verotown will provide insurance for the facility, which will provide an annual premium savings of $70,000 Staff Recommendation: 1. Staff Recommends the Board of County Commissioners approve the attached Amended and Restated Facility Lease Agreement for Historic Dodgertown. 2. Staff requests that the Board of County Commissioners waive the requirement for bids in order to allow Verotown to manage roof replacements, with County oversight, for facilities contemplated in Section 8.04(b) of the agreement and detailed above. 3. Staff recommends the Board of County Commissioners approve a change to the County's Code to allow for the use of the County's 4th Cent Tourist Tax (the Professional Sports Franchise Facility Tax), "To promote and advertise tourism in Florida, nationally and internationally..." in accordance with Section 125.0104, Florida Statutes, and authorize staff to advertise for a public hearing to adopt the ordinance on January 15, 2019. 4. Staff recommends that the Board of County Commissioners approve the Financing Plan detailed above to fund the County's responsibilities under the agreement. Attachment: Amended and Restated Facility Lease Agreement 5 Page 142 dal 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; Charter Government; and Ocean Concrete Lawsuit 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 Stop spending on lawyers to fight Virgin Trains USA and additional REQUESTING OF THE COMMISSION? topic updates/requests 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 15, 2019 F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Form.doc Board Approved 11/7/06 143 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning THROUGH: John McCoy, AICP; Chief, Current Development FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning DATE: December 19, 2018 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meetings It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 15, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: January 22, 2019 1. Franzia Properties, LLC: Request to Rezone ± 16.9 Acres from A-1, Agricultural District (up to 1 unit/5 acres) to RS -6, Single -Family Residential District (up to 6 units/acre). Subject property is located near the southeast corner of 66th Avenue and 8th Street (675 66th Avenue). (RZON-2018090010-82700) [Quasi -Judicial] 2. Spoonbill Reserve PD: Request to Rezone Approximately 413.01 Acres from RS -3, Residential Single -Family (up to 3 units/acre) and CON -2, Estuarine Wetlands Conservation District to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Spoonbill Reserve PD. Located east of US Highway 1, and contains the majority of the property north of the North Relief Canal, south of 63rd Street, and west of the Indian River Lagoon. (PD -18-01-01 / 99080024- 80533) [Quasi -Judicial] RECOMMENDATION: The referenced public hearing items are provided for the Board's information. No action is needed at this time. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600DB9D0\@BCL@600DB9DO.doc 144 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: January 7, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: West Wabasso Phase II Sewer Project — Bidding Status: Bid No. 2019-020 DESCRIPTIONS AND CONDITIONS: On July 10, 2018, the Indian River County Board of County Commissioners (BCC) approved the St. Johns River Water Management District (SJRWMD) Fiscal Year (FY) 2018-2019 Cost -Share Grant Agreement. The project was advertised on November 11, 2018, and bids were opened December 18, 2018. ANALYSIS: The engineer's opinion of probable construction cost for the project is as follows: Name Schedule A -Sewer Construction Sewer Impact Fees Total Indian River County $2,349,016.00 $150,984.00 $2,500,000.00 Five (5) prospective bidders attended the non -mandatory pre-bid meeting held December 4, 2018. Demandstar published notice to 741 suppliers, and there were twenty-eight (28) plan holders. Six (6) bids were submitted. The results are as follows: Bids Opened December 18, 2018 Bidder Total Submitted Bid Total Corrected Bid CK Contractors & Development $1,642,959.91 $1,657,419.24* Rohl Global Networks $1,987,215.00 $1,987,215.00 Ferreira Construction $2,193,238.00 $2,209,538.00* PRP Construction $2,214,329.50 $4,887,314.50* Hinterland Group $2,443,560.00 $2,443,560.00 Timothy Rose Contracting $2,657,079.04 $2,657,079.04 Denotes that mathematical errors were found and bid amount corrected. 145 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600D3574\@BCL@600D3574.docx CK Contractors and Development is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,657,419.24. East Coast Underground and Construction has merged with CK Contractors and Development. East Coast Underground and Construction completed Phase I of the West Wabasso Septic to Sewer project as a sub -contractor to Mancil's Tractor Service, Inc., and also has completed various construction projects in the county, consistently performing work in a satisfactory manner. Please note that the contractor bid does not include extending 3 phase power from CR -510 to the lift station site. This additional cost of approximately $25,000 to $30,000 will be paid directly to FPL by the County. Given that the FPL cost is an estimate, and the lessons learned from the Phase I project on the multiple connections that were required, staff would recommend allocating $1,700,000.00 for budgeting purposes. As in Phase I, there could be other items encountered in the construction phase that could affect the budget (i.e. unknown gravity connections, dewatering disposal, unknown drainage conflicts). However, staff is confident in the proposed contractor, having done work for the first phase. Since the grants have a deadline of September 30, 2019, time is of the essence in breaking ground on the subject project. Staff has contacted FPL as to the status of the project. FUNDING: The BCC authorized the following funding for the West Wabasso Phase II Septic to Sewer Project Funding Source Funding Approved May 2018 Funding Approved August 2018 Funding Based on Bid - $1.7 M January 2019 SJRWMD $ 825,000.00' $ 825,000.00' $ 561,000.00' IRNEP $ 200,000.00 $ 200,000.00 $ 200,000.00 FDEP $ 0.00 $ 450,000.00 $ 450,000.00 IRC Optional Sales Tax $ 1,475,000.00 $ 1,025,000.00 $ 489,000.00 Subtotal $ 2,500,000.00 $ 2,500,000.00 $ 1,700,000.00 'FY 18-19 SJRWMD Cost -Share Grant. Please note that the SJRWMD Cost Share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $825,000. Funding for the West Wabasso Phase II sewer project is available in the Utilities capital fund account. Capital fund revenues are generated from impact fees. Reimbursement is based on various grants/allocations noted above. Description Account Number Amount West Wabasso Phase II Sewer Project 472-169000-14501 $1,700,000.00 RECOMMENDATION: Staff recommends that the project be awarded to CK Contractors and Development, in the amount of $1,657,419.24, and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, and the Risk Manager has approved the insurance. ATTACHMENT(s): 1. Sample Agreement C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600D3574\@BCL@600D3574.docx 146 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE West Wabasso Community Gravity Sewer System Phase 2 ADDENDUM 2 THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2018 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and .(hereinafter rccalled CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and'nottas an employee fur in sh and complete all of the necessary labor, material, and equipment to perform'the.work as specified or indicated in the Contract�Docurrants arld per FDEP, FDOT(Indian County Department of Utility Services (IRCDUS) and County,Engineering Department standards. The work is generally described as follows: \\/ IRCDUS proposes to construct a,ew,8" Gravity(Sewer Collection System within The Douglas Subdivision of West Wabasso. The\facilities shall provide sewage collection infrastructure to serve about onehundred and one (101) lots on CR 510, 64th Avenue, 84th Street -84th Place,\63rd Court, 63rd Avenue and 62nd Avenue. The gravity sewer main 'wiIl consist of about 5,750\feet of 8" PVC gravity sewer, 22 manholes, service laterals\an1a new'IRCDUS\sanitary sewer lift station. The Contractor shall also demolish alkseptic�tanks on the lots to be connected to the laterals pe \ th�DOH standard and`quirements. The Contractor will direct purchase and farnlh,tie ABS.`pumps and electrical package for the lift station which includes two pumps, lifting cabl s, guide rails, guide rail assemblies, float hang bracket\anchor bolt�liftin bales, upper guide brackets, SS nipples and elbows, float switches,fhatch-covers for both the wet well and valve vault, duplex control panel and `spre'parts set.'The Contractor will install the furnished pumps acid -all appurtenances required to make the lift station operational. The Contractor wilkalso direct,pur`chase the Dataflow telemetry system and the Contractor will install telemetry at the lift.station and schedule Dataflow to program telemetry and all necessary start-up features to make remote monitoring and operation of lift station functional. Upon successful operation of lift station, Contractor shall schedule a start-up with ABS to certify lift station has been installed in accordance with manufacturer's requirements to affect warranty. No existing culverts are proposed to be replaced. Any existing culverts damaged shall be restored to pre - construction condition. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; (including T.V. testing, exfiltration testing, backfill and subgrade testing); road, landscape and 147 driveway restoration; regrading and grassing (sod); and traffic control. All right —of - way shall be restored to like or better condition including sidewalks and drainage. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. The Contractor shall submit a Traffic Control Plan to the County.Traffic Engineering Division a minimum of 72 hours prior to construction an/notify County Traffic Engineering a minimum of 24 hours before any lane closures(A temporary access plan shall be provided indicating how local traffic will becnaintained if the existing road is removed and reconstructed. Stand mounted Advance:Construction signing. shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches thetarea between the centerline and two (2) feet outside the edge of pavement, 'traffic�shall be restricted to a single lane. The construction will provide existing utility customers that currently, only are provided with water service, the ability`t connect'toothe IRC regional'wastewater collection and treatment systern and the\connection of existing customers to the system will provide opportunities for existing"residences to abandon existing septic systems, which shall benefit the environment and water quality enjoyed by all Indian River County residents. ARTICLE 2 ENGINEER The West Wabasso Community` Sewer System- Phase II has been designed by IRCDUS, hereinafter called ENGINEER, and`who is to act as OWNER'S representative, assume all duties and responsibilities andkhavelhe,rrights and`authorityy assigned to ENGINEER in the Contract Documents in connection with completion of -the workNiri accordance with the Contract Documents. ARTICLE.3 CONTRACT TIME 3.1 TheC ONTRACTOR shall be substantially completed with the following timeframe (a) Within 1_5 calendar days from effective date of Notice to Proceed, Contractor shall completee)following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 16 calendar days to 180 calendar days from the effective date of Notice to 148 Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 181 calendar days to 210 calendar days from the effective date Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from,prdject'site. 3. Perform contract closeout procedures. of Notice to 3.2 Completion of all tasks outlined abbove,(i.e., Subparagraphs a, b;`and c) constitute Final Completion. Ni 3.3 Liquidated Damages. OWNER and\CON1RACTOR recognize that time is of the essence of this Agreement and that OWNER will/suffer financial loss if the work is not completed within the times specifiedci n Paragraphs\3.1 and 3.2 above, plus any extensions thereof allowed in accordance with\Article 12 of th�e`General Conditions. They also recognize the delays, expense/and difficulties'in�volved\in proving in a legal proceeding the actual loss suffered by OWNER if,the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER.and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)'`CONTRACT00hall pay'OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion\if'CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract�Time or anyi proper extension thereof granted by OWNER, CONTRACTOR shall pay,. OWNER four -hundred and fifty dollars ($450.00) for each day that expires after thyi lizygpecifiethin Paragraph 3.2 for completion and readiness for final payment. 3'3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the Contractor or its Surety or Sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the Contractor's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER to third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. 149 ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $1,657,419.24. ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER*as provided in the General Conditions and the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended' by ENGINEER in accordance with the provisions of the Local Government Prompt/Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall.retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent \(59,%) completion of the work After fifty percent (50%) completion of the work is attained as`certified to OWNER`by ENGINEER in writing, OWNER shall retain five percent (5%)-of`he\payment amount due to_CONTRACTOR until final completion and acceptance4f 0. work to be performed by,CONTRACTOR under the Contract Documents. Pursuant to Flonda Statutes section at V35(8) (b), fifty percent (50%) completion means the point at which the'County as OWNER has expended fifty percent (50%) of the total cost 'of�the construction services work purchased under the Contract Documents, together with all,costs associated with existing change orders and other additions or modifications to the "construction services work provided under the Contract Documents. \\\\ 5.2 Pay Requests. Each request for awprogress paymrt shall be submitted on the application for payment form supplied byOWNER--and\the application for payment shall contain the CONTRACTOR's certification.'All pr gress payments will be on the basis of progress of the work measured`by the schedule`of'values established, or in the case of unit price work based on the number\of'unite completed\After fifty. percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d)�the CONTRACTOR may submit a pay request to the County as OWNEkfor4p tosone'half (1/2) of the retainage held by the County as OWNER, and the County as\OWNER shall promptly make payment to the CONTRACTOR unless such amountsare_the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes sectionr 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER othe1CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the 150 Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Com mission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance 6y,,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 al`thing `one orifurnished m connection with the work under this Contract and for everyiact.and neglect\of�the OWNERand-others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the'Contract Documents or the Payment and Performance,Bonds. ARTICLE 6 INTEREST Not Applicable. ARTICLE 7 CONTRACTOR'S°REPRESENTATIONS In order to induce OWNER to enter.into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work; site, locality, and,all local conditions and laws and regulations that in any manner may affect cost, progresserformance4or furnishing of the work. r 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and�dcawirig)bf physical conditions which are identified in the Supplementary Conditions as provided` in Paragraph 4.02 of the General Conditions, and accepts the determination setIforth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is ely7entitled to rely.-- 7.3 .3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; 151 and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and,conditions of the Contract Documents, including specifically the provisions of Paragraph 4:04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, it ons, examinations, investigations, explorations, tests, reports and studies with the terms -nd conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written-noticeNof`all conflicts, err�rrssor discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. The Contract Documents which comprisethe entire agreement between OWNER and CONTRACTOR concerning,the-work consist ofthe,following: 8.1 This Agreement (Section 350 8.2 Schedule of Subcontractors (Section 004'31). 8.3 Disclosure(bf Relationships (Section 00452). 8.4 Sworn Statement tinder the Florida Trench -Safety Act (Section 00454). 8.5 General Information -Required of Bidders (Section 00456). 8.6 Public Construction Bond60 (Section 000). 8.7 (Notice of Award and Notice toJ?roceed (examples in Section 00800). 8.8 General Conditions (Section 00700). 8.9 Supplementary Conditions (Section 00800). 8.10 Documents/Specifications bearing the title "West Wabasso Community Gravity Sewer System- Phase II / Bid No 2019-020" 8.11 Addenda number to , inclusive. 8.12 CONTRACTORS`Bid (Section 00300). 8.13 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, March 2018", or the latest version thereof. 8.14 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. 152 ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of defaulhereunder. Nothing herein shall be construed as creating any personal liability on the partof any officer or agent of the OWNER who may be a party hereto. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its' artners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. \ 9.4 The CONTRACTOR shall be propeffy Iicensed\topractice its trade`br trades which are involved in the completion of this Agre ment and the Work thereunder. \\\ 9.5 This Agreement shall be governe' dsby*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 *the\event of�federal jurisdiction, in the United States District Court for the(Southern District oof�Florid�a.� 9.6 The CONTRACTOR shal it it nndemnify and'hold Harmless the County, and its officers and employees, from liabilities, darrag to es and costs, including, but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentional wrongfuhm sconduct ofthe CONTRACTOR and persons employed or utilized by the CONTRACTPR-irithe,performance of the construction contract. 9.7 (Pledge of Credit. Th,CONTI CTOR shall not pledge the OWNER'S credit or make it a guarantor of payrnent or surety for any Agreement, debt, obligation, judgment, lien or any form of i debtedness.\The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. 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: A. Keep and maintain public records required by the County to perform the service. B. 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. 153 C. 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. D. 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1'19, FLORIDA STlATU�TES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDSSAT: (772) 226-1424 publicrecords(a,ircgovcom Indian River CountyOfficeof the County Attorney 1801 27th'Street Vero Bea�ch;;FL32960 Failure of the Contractor to.comply with,.these requirements shall be a material brea h -of this Agreement`s F. 154 This Agreement will be effective on , 2018 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY CONTRACTOR: By: By: , Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney C< „ \(Contractor) (CORP�ORATTEE SEAL) Jeffrey R. Smith, Clerk of Court and`Comptroller \ Address or giving notices: License No. Attest: (Where applicable) Clerk of Cbuitand"Comptroller (SEAL) �� Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Contact Info: � Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 155 RESOLUTION -2019=— A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RELATING TO ESTABLISHMENT OF TOBACCO -FREE ZONES AT COUNTY PARKS AND RECREATIONAL FACILITIES; AND PROVIDING FOR CONFLICT AND SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, a fundamental purpose of local governments is to promote, protect, and improve the health, safety, and general welfare of the citizens and visitors of the jurisdiction; and WHEREAS, in consideration and advancement of such purpose, Indian River County provides recreational and leisure facilities and programs for children and adults through -out the County that help to promote good health, wellness, and quality of life for citizens and visitors alike; and WHEREAS, tobacco use is the most preventable cause of death and disease in the United States, where 430,000 Americans die each year from lung cancer, heart disease, respiratory illness, and other diseases related to tobacco use; and WHEREAS, the United States Environmental Protection Agency has determined secondhand smoke to be a risk to the public health, has classified secondhand smoke as a group A carcinogen, and puts our children in danger with proven health risks, including respiratory diseases, asthma, and ear infections; and WHEREAS, 3,000 youth become regular smokers each day, almost 90% of smokers start smoking before the age of 18, and one-third of these children will die prematurely from tobacco - related illnesses; and WHEREAS, chewing tobacco, snuff or dip, including flavored products marketed to youth, are tobacco products that cause cancers of the mouth, gums, tongue, and throat and the spittle resulting from use of such products expelled onto the ground, picnic and recreational seating areas, and other contact surfaces creates potential exposure to such body fluids and bacteria; and WHEREAS, tobacco use in and around recreational and leisure activities and facilities sends a contradictory message to the same young people who are encouraged to participate in recreational and leisure activities that are beneficial to their health and wellness; and WHEREAS, in addition, improperly discarded cigarette and cigar butts contribute to litter and offensive pollution of Indian River County as well as create potential choking and other health dangers for young children, pets, and wildlife; and WHEREAS, in light of all the foregoing, the Indian River County Board of County Commissioners ("Board") finds that establishment of tobacco -free zones with appropriate signage for playground areas at County parks and recreation facilities is in the public interest in that it will 156 — RESOLUTION-2019- serve ESOLUTION2019= serve to discourage tobacco use in such areas and thereby help to promote, protect, and improve the health, safety, and general welfare of the County's citizens and visitors making use of County recreational and leisure facilities and programs; and WHEREAS, the Board also finds that installation of disposal receptacles at such tobacco - free zones and other appropriate recreation facilities in the County would help to promote proper disposal of cigarette and cigar butts and other tobacco product debris and thereby help reduce litter and offensive pollution of Indian River County and reduce potential choking and other health dangers for young children, pets, and wildlife; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Establishment of Tobacco -Free Zones. All playground areas at all Indian River County parks and recreation facilities are hereby designated as tobacco -free zones. Establishment of these zones is intended only to discourage tobacco use in such areas and shall not be deemed as establishing a park rule or ordinance subject to code enforcement. Section 2. Installation of Signs and Receptacles. The County Administrator is authorized to cause the installation of appropriate signs at playground areas at all Indian River County parks and recreation facilities designating such areas as tobacco -free zones. The County Administrator is also authorized to cause the installation of cigarette and cigar butt disposal receptacles for such tobacco -free zones as well as other appropriate locations at County parks and recreational facilities, including but not limited to County boardwalks. Section 3. Conflict and Severability. In the event a provision of this resolution conflicts with a provision of any other resolution of the Indian River County Board of County Commissioners, the provisions of this resolution shall apply and supersede on the subject matter of this resolution, except as may be otherwise preempted by state law. If any provision of this resolution is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution, which shall be deemed separate, distinct, and independent provisions to the fullest extent possible. Section 4. Effective Date. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari. Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2019. 157 RESOLUTION-20I9- ATTEST: ESOLUTION 2019= ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA • By: By: Deputy Clerk Approved as to form and le al sufficiency: By: Dylan Reingold, County Attorney Bob Solari, Chairman 158 Indian River County Bid Recommendation For West Wabasso Phase II Sewer Location Map .r • . •i' 4 l i `.:;rte vwCITY MAP WEST WABASSO PHASE II SEPTIC TO SEWER PROJECT LOCATION MAP y • w r .ss w. iso PNnsEz lJ l71 . .1 'tet^ t� . 14 l�. tea_' 'ti(^ 4 � ' Alk ll E%RIRrt B - PROJECT LOCATOR MAP West Wabasso Phase 11 Service Area w, = .gy ,--_'..�� � � R}n �I � •A'� i4WN +_ WM WAOASSO PRASE n SEPTIC TO SEWER ., j� , r ... fi 1 :' ,}1 a ,' legend Resnentel. ea Developed .e .' .w �� 31=1 •p r J'-' e-ResaMat-1) on IMDev.twe•e � 1 (( _'1 •J ( •-� ) lira 4ti•.. " i' ';,,? IRC ONene Concert CM roaImee e• Lr L . a. r . tor "7,7 ..) - $ 4:,. ,,. ,e ;', yy^,,'w. ,j Zi+ s;Ct.C'�,; = .-# `.•fiJ�,'''t1;li - — ''' _ •9w04 1M.'Sweet 1!i'.tst� !A j. • V` : xnP 1F . � `:P . u ._.R CA 'P. c e ,mnddd OMIEIT A-0ETAILED PROJECT AREA MAP Bid Recommendation For West Wabasso Phase 11 Septic to Sewer Project ❖ July 10, 2018 — BCC approved the execution of Cost Share Grant ❖ September, 2018- BCC approved the execution of the IRLNEP & FDEP grants ❖ November 11, 2018 — Project was advertised on Demandstar & TC Palm ❖ December 18, 2018 — Bids were opened 1/15/2019 \51.2 The engineer's opinion of probable cost Name Indian River County Schedule A -Sewer Construction Sewer Impact Fees Total $2;349,016.00 7—$150,984.00 [$2,500,000.00 Six bids were submitted Bidder CK Contractors & Development Rohl Global Networks Ferreira Construction PRP Construction Hinterland Group Timothy Rose Contracting Total Submitted Bid $1,642,959.91 °Total Corrected Bid $1,657,419.24* $1,987,215.00 $1,987,215.00 $2,193,238.00 !l $2,209,538.00* 1 $2,214,329.50 $4,887,314.50* $2,443,560.00 $2,657,079.04 'Denotes that mathematical errors were found and bid amount corrected. $2,443,560.00 $2,657,079.04 Funding The BCC authorized the following funding for the West Wabasso Phase II Septic to Sewer Project Funding Source Funding Approved May 2018 IRC Optional Sales Tax Subtotal Funding Approved August 2018 Funding Based on Bid -$1.7M January 2019 $ 825,000.001 $ 825,000.001:1 $Y 561,000.001 $ 200,000.00 $ 200,000.00 $ 200,000.00 0.00 $ 450,000.00 ! $ 450,000.00 $1,475,000.00 $2,500,000.00 $1,025,000.00 $ 489,000.00 $2,500,000.00 $1,700,000.00 'FY 18-19 SJRWMD Cost -Share Grant. Please note that the SJRWMD Cost -Share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $825,000. 1/15/2019 151 3 Staff Recommendation ❖ The project be awarded to CK Contractors and Development, in the amount of $1,657,419.24. ❖ The Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, and the Risk Manager has approved the insurance. 1/15/2019 1515 4 County Attorney's Matters - B.C.C. 1.15.19 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 c:IV DATE: January 9, 2019 SUBJECT: Anti -Smoking Resolution BACKGROUND On December 11, 2018, the Indian River County Board of County Commissioners (the "Board") voted to 1) direct the County Attorney's Office to draft a resolution encouraging non-smoking at parks and recreational facilities; 2) create designated smokii'ng areas at parks and recreational facilities with appropriate cigarette butt containers; 3) create educational signs on the dangers of smoking and vaping; 4) post a short video concerning smoking on the County's website; and 5) cooperate with the City of Vero Beach on the resolution. The County Attorney's Office has reached out to the City of Vero Beach concerning the City's efforts to restrict smoking at City parks and recreational facilities. On February 7, 2012, the City of Vero Beach City Council enacted resolution 2012-02 in which the City Council declared that all playground areas at City parks and recreation facilities were designated as tobacco -free zones. The City Council acknowledge that the establishment of the zones was intended only to discourage tobacco use in such areas and was not to be deemed as establishing a park rule or ordinance subject to code enforcement. In order to coordinate the efforts on limiting smoking, the County Attorney's Office has drafted the attached resolution, which compliments the City's resolution. FUNDING. Although there is no funding required for the enactment of the attached resolution, the cost associated with purchasing cigarette butt containers and associated signage is anticipated to be roughly $15,000. Indian River County staff will work to obtain grants from Keep America Beautiful and Quit Doc with the . F: Attom yILlrzda1GENERALIB CCWgcnde Memo,UnRSnoking Resolunnadoc 159 Board of County Commissioners January 9, 2019 Page Two remainder .to be funded from General Fund/Parks/Maintenance-Structure Except Buildings account number 00121072-034660. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners approved the resolution. ATTACHMENTS Draft resolution F.MttomrylLinda,GFNFRALW CC Agenda MemorUnliSmoking Rem(utfon.dnc 160 /36 Office of Attorney's Matters 01/15/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney; DATE: January 8, 2019 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements Central Groves Corp. - 66th Avenue and 69th Street Central Groves Corp. is the owner of an 18.59 acre parcel of unimproved property on the northwest corner of 66th Avenue and 69th Street. The parcel is commonly known as the Miami Block and is depicted on the aerial photo attached as Exhibit "A". The Miami Block is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is a former citrus grove and contains fencing and a flow well. Mr. Ben Bailey is the sole officer. Construction plans call for the County to acquire 5.45 acres of right-of-way consisting of: • A 156 -foot wide strip along the length of the eastern border of the Central Grove property; • A 70 -foot wide strip along 69th Street on the southern property border; and • A corner clip at the southeast corner of the parcel. The County also needs a 2.27 acre parcel for a stormwater pond for treatment of stormwater from 66th Avenue in its expanded state. The total property needed is 7.72 acres or 41.5% of the property, leaving a remainder of 10.87 acres. A sketch and legal description of the right-of-way, corner clip and pond site are attached as Exhibit "B". The County's initial appraisal was performed by Armfield & Wagner and assigned a value of $176,000 for the 7.72 acres ($22,800 per acre) and did not find any severance damages. Central Groves' appraiser did find severance damages and an appraised value of $55,000 per acre. By comparison, in February 2017, the County purchased the 18.72 acre Greene property located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater park for $558,900 ($29,855 per acre) which was an arm's length 161 Central Groves -Corp. January 8, 2019 Page I2 transaction without the threat of eminent domain. After holding a settlement conference in November 2018, Central Grove agreed to sell the entire 18.59 acre parcel to the County for $655,298.00 (Six Hundred Fifty -Five Thousand Two Hundred Ninety -Eight Dollars). A legal description of the Miami Block is more specifically described in Exhibit "C" attached to this memorandum. The purchase price is based on a per acre price of $35,250.00. The Purchase Price is inclusive of all compensation for damages incurred by Central Groves as a result of the County's proposed take of the Miami Block. Staff considered purchasing only the 7.72 acres need for right-of-way and the pond site, but given the size of the take, 41.5% of the parcel, it was decided that a whole take was a viable option in order to avoid severance damages to the remainder parcel. Staff opined that it would cost about the same amount the buy the entire parcel as it would to buy 7.72 acres and paying severance damages. The remainder parcel of 10.87 acres could be sold at the end of the construction process in order to defray the cost of the purchase of the entire parcel. By purchasing the whole parcel, staff is attempting to save on expert witness fees incurred by both the county and Central Groves. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees of Central Groves. Central Groves is represented by Andrew Diaz of the law firm of Gaylord Merlin in Tampa. There are appraisal, engineering and land planning fees in the global amount of $22,000.00 and attorney's fees and costs equal to 10% of the purchase price or $65,529.80, making the total purchase price $742,827.80. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Central Groves parcel and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact Fee/District l/Row/66th Avenue- 69th Street -85th Street- Acct# 10215141-066120-16009. Attachments: Exhibit "A" Aerial Photo Exhibit "B" sketch and legal description of the right-of-way, corner clip and pond site Exhibit "C" legal description of the Miami Block Agreement to Purchase and Sell Real Estate Copies to: Andrew Diaz, Esq. 162 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print 1 Back Indian River County GIS Parcel D 32390600001016000004.0 OwnerName CENTRAL GROVES CORP (MIAMI 66TH AV VERO BEACH, FL 32967 BLK) PropertyAddress 32390700001009000001.0 CENTRAL GROVES CORP 32391000000700000005.0 CENTRAL GROVES CORP (11) 32391000000700000011.0 CENTRAL GROVES CORP (11) 32403200006003000022.1 CENTRAL GROVES CORP (AMOCO OIL PROP) Notes 6620 61ST ST VERO BEACH, FL 32967 6420 US HIGHWAY 1 VERO BEACH, FL 32967 US HIGHWAY 1 VERO BEACH, FL 32967 3150 CARDINAL DR VERO BEACH, FL 32963 Y http://www.ircpa.org/PrintMap.aspx 163 1/8/2019 W1► E 0 S 100' GRAPHIC SCALE 66TH AVENUE PARCEL 113 156.00' S89'29'34"E NORTH LINE TRACT 16 TRACT 16 INDIAN RIVER FARMS CO. PLAT BOOK 2. PAGE 25 (ST, LUCIE) 32390600001016000004.0 ORB 884, PG 289 LINE TABLE LINE LENGTH BEARING L1 30.07 NO0'32'02"E L2 50.00 N89 -27'58"W d' t7 lo co CO en 15' TCE 25' ---- EAST LINE OF TRACT 16 PARCEL 113 237,334 SQ. FT. 5.45 ACRES q to co L_—..O — ) r18(`' U.-� S89'22'53"E i 10' TCE--t 423.04' �1)( 4D 70.00' 70' � R /W RF XLTION LINEL... 618.93' 69th STREET 130' N89'22'53"W J co 50' 30' 20' "- 10' P. 0.B. t) —' W <D Tr) -I M z W (D SOUTH LINE SECTION 6 TRACT LINE CANAL A-13 30't LEGEND P.O.C. P.O.B. R/W ORB PG TCE FDOT SECT. SECTION LINE EASEMENT LINE PROPERTY UNE PROPOSED RIGHT PARCEL RIGHT OF WAY UNE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK PAGE TEMPORARY CONSTRUCTION EASEMENT FLORIDA DEPARTMENT OF TRANSPORTATION SECTION OF WAY t1 S.E. CORNER SECTION 6 r) 00 L2 0 77le certifies that a legal description and sketch of the property shown hereon was made under my supervision and that this legal description and sketch meets the standards of practice set forth by the lorrda Board of Professional Surveyors and Mappers In Chapter 5J-17, f7orldo AdminlstrntMt Code, pursuant to Section 472.027, Florida Statutes, and that this drawing !e a true and accurate representation thereof to the best of my knowledge and belief. Subject to notes and notations shop hereon. E.C. DEME7ER, PS¢¢y0 y.271Z 7017 E• ..B R-- DAT Not wild without the signature and the original raised seal of a f7orida Licensed Surveyor and Mapper. 7'-1 ow DESIGNED BY DFD DRAWN BY DFD O Ota o BY ECD Kimley»> Horn © eDI7 IOYIM-HORN .JIO A59 *1ES. INC. Me z.m STREET. sum 104 TERO BESOT. FL =ROO mom ]]2-794-4100 not 7 2 -)W -elm 1Fee en e.ET-IloexOOM DATE 7/10/17 PROJECT NO. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 113 INDIAN RIVER COUNTY, FLORIDA IEXHBIT of SHEET NUMBER 1 OF 2 164 LEGAL DESCRIPTION RIGHT OF WAY PARCEL ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE. LYING AND BEING A PORTION OF TRACT 16, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE, BEARING NORTH 00'32'02" EAST, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 30.07 FEET TO A POINT; THENCE. LEAVING SAID EAST LINE. BEARING NORTH 8977'58" WEST, A DISTANCE OF 50.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING NORTH 89'22'53" WEST, A DISTANCE OF 618.93 FEET TO A POINT ON THE EAST LINE OF THE WEST 20 ACRES OF SAID TRACT 16; THENCE, BEARING NORTH 0076'24" EAST, ALONG SAID EAST LINE, A DISTANCE OF 70.00 FEET TO A POINT; THENCE, LEAVING SAID EAST LINE, BEARING SOUTH 8972'53" EAST, A DISTANCE OF 423.04 FEET TO A POINT; THENCE, BEARING NORTH 45'34'35" EAST, A DISTANCE OF 56.53 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02" EAST, A DISTANCE OF 1,198.34 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 8979'34" EAST, ALONG SAID NORTH UNE, A DISTANCE OF 156.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 16; THENCE, BEARING SOUTH 00'32'02" WEST, ALONG SAID EAST LINE OF TRACT 16. A DISTANCE OF 1.308.65 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 237,334 SQUARE FEET OR 5.45 ACRES. MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. PROPOSED ACQUISITION PARCEL ACREAGE = 5.45 ACRES PORTION OF THE ACQUISITION PARCEL. THAT IS ENCUMBERED BY THE FOOT RIGHT—OF—WAY 0.90 ACRES SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. 66TH AVENUE PARCEL --113 SCALE N/A O 01ONFD BY DFO DRAM BY DFD C1EC ED BY ECA Kimley>> Horn 4•59el) IWM1EM1XDWI AND A9DOATEE. INC. ,114 STREET. MUTE 200. YFRO MACH. A. 52900 MOND TM -704-4100 FAL• 771. -A4 -*120 IIN M INLEY-NOPN.CON DATE 7/10/17 PROJECT NO. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 113 INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 OF 2 165 Drawing name: K:\VRBSurvey\INDIAN RIVER CO\6611-1 AVENUE \2017-0112 - Revised Per IRC\PARCEL 113 - SWMF-R.dwg 113 - SWMF Jul 18, 2017 5:35pm by. Domenie.Durr S89'29'34"E w Qtr) 00 O Z NORTH LINE TRACT 16 w 0 S E O O 100' GRAPHIC SCALE S89'22'53"E 1 70' f 618.93' 69th STREET j 3o' N89'22'53'W P.O.B. N89'29'34'W 50.00' 230.00' N89'29'34"W 156.00' PARCEL 113 STORMWATER MANAGEMENT FACILITY 98,900 5Q. FT. 2.27 ACRES 32390600001016000004.0 ORB 884, PG 289 10' TCE J N 89'29'34" W 423.04' R_ZW RESERVATION LINE 230.00' PROPOSED RAV UNE N.E. CORNER TRACT 16 50' 30' 66TH AVENUE PARCEL—1-13 -1-13 S TORM WA TER MANAGEMENT FACILITY BASS OF BEARINGS If) 1-1 CO CD 20' 10 SOUTH LINE SECTION 6 TRACT LINE CANAL A-13 30' T.F.GEND SECTION LINE - EASEMENT LINE PROPERTY LINE P.O.C. R/W ORB TCE FOOT SECT. PROPOSED RIGHT OF WAY PARCEL RIGHT OF WAY LINE POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT OF WAY OFFICIAL RECORDS BOOK TEMPORARY CONSTRUCTION EASEMENT FLORIDA DEPARTMENT OF TRANSPORTATION SECTION } w0 ZZ 1-- tP) U ¢ w W (n o W M J Z IQZ W C. Q ) J M co � fx CO W J tr) P.O.C. S.E. COFiNE SECTION 6 r 7hls certifies that a legal description and sketch of the property shown hereon wos mode under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida 800rd of Professional Surveyors and Mappers in Chapter 5,)-17, Florida Administrative Code. pursuant to Section 472.027, F7orldo Statutes, and that this drawing is a true and accurate representation thereof to the best of my knowledge and belief. Subject to'notes and notations shown hereon. E.C. DEME7ER. P.S.M.N O. L,4179J2017 GATE:DAT4 Not valid without the signature and the originol raised sea/ of o Florida Licensed Surveyor and Mapper. SCALE 1'v100' DESIGNED BY OFD DRAWN BY DFD CHECKED BY ECD KimIey»>Horn © 2017 KIMLEI'--MORN AND ASSOCIATES. INC. 445 241H WREST. SUIT 200. YFTO BEACH, Fl 32200 PHONE: 772-794-4100 FAB: 772-704-4130 W'YN.KW{EY-HORN.00M DATE 7/10/17 PROJECT NO. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 113 STORMWATER MANAGEMENT FACILITY INDIAN RIVER COUNTY, FLORIDA [EXHIBIT tIR SHEET NUMBER 1 OF 2 166 browing noms K:\VRB—Sirvey\INDIAN RIVER CO\66TH AVENUE\2017-0112 — Revleed Per IRC\PARCEL 113 — SWMF—R.dwg 113 — SWMF-2 Jul 18. 2017 5:35 m by. Domenlo.Dun 66TH AVENUE PARCEL --113 S TORM WA TER MA NAGEMEN T FA CIL I TY STORMWATER MANAGEMENT FACILITY LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF TRACT 16, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO IMT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 6; THENCE, BEARING NORTH 00'32'02" EAST, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1338.74 FEET TO A POINT; THENCE, LEAVING SAID EAST UNE, BEARING NORTH 89'29'34" WEST. A DISTANCE OF 50.00 FEET TO THE NORTH EAST CORNER OF TRACT 16; THENCE, BEARING NORTH 89'29'34" WEST, ALONG THE NORTH -UNE OF SAID TRACT 16. A DISTANCE OF 156.00 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE. BEARING SOUTH 00'32'02" WEST, A DISTANCE OF 430.00 FEET TO A POINT; THENCE, BEARING NORTH 89'29'34" WEST, A DISTANCE OF 230.00 FEET TO A POINT; THENCE, BEARING NORTH 00'32'02 EAST, A DISTANCE OF 430.00 FEET TO A POINT ON THE NORTH UNE OF SAID TRACT 16; THENCE, BEARING SOUTH 89'29'34" EAST, ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 230.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 98.900 SQUARE FEET OR 2.27 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SURVEYORS NOTES 1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY. 2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 6. SAID LINE BEARS NORTH 00'32'02" EAST. 3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. 4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE AND ASSOCIATES, DATED 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. SCALE N/A DESIGNED BY DFD DRANK BY DFD CIi500w BY ECO KimIey>»Horn © 2017 IBKLEY-110118 AND ASSOCIA16, INC. 445 241N S,HL.,. SLATE 200. SERO BEACH. FL 32900 PHONE, 772-794-4100 PAM 772-794-4130 WW1SI041IFY-5000.400 DATE 7/10/17 PROJECT NO. 047035041 LEGAL DESCRIPTION AND SKETCH OF PARCEL 113 STORMWATER MANAGEMENT FACILITY INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 OF 2 167 Exhibit C - Legal Description of the Miami Block Tract 16, less the West 20 acres in Section 6, Township 32 South, Range 39 East, according to the Plat of Lands of the Indian River Farms Company, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida; AND the West .245 acres of the East 20.49 acres of Tract 15, and the East .245 acres of the East 20.49 acres of Tract 15, all in Section 6, Township 32 South, Range 39 East, according to the Plat of Lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. 7 168 AGREEMENT TO PURCHASE AND SELL REAL ESTATE, DEC5n/ ex64 20/ THIS AGREEMENT is entered into as of the II3 day of4aettary, 20497 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 Central Groves Corp., a Florida profit corporation, whose address is 606 Azalea Lane, Vero Beach, FL 32963 ("Central"). WHEREAS, Central owns an 18.06 acre parcel of unimproved land located at the northwest corner of 66th Avenue and 69th Street commonly known as the Miami Block as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the Miami Biock is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary; and WHEREAS, County is undertaking a road expansion project consisting of the widening of 66th Avenue north of 49t" Street to County Road 510, for which County needs the following parcels: Q a 5.45 acre strip of right-of-way along the length of the eastern border of the Central property including a 70' wide parcel along 69th Street on the southem property boarder and a corner clip at the southeast corner of the parcel • a 2.27 acre parcel to be used as a stormwater treatment pond for treatment of stormwater from 66th Avenue in its expanded state; and WHEREAS, in order to avoid the uncertainty of trial and the costs of litigation, the Parties have agreed to purchase and sell the above parcels of property to be used for the - second phase of the 66th Avenue Improvement Project. 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. Central hereby agrees to sell to the County, and the County hereby agrees to purchase from Central, upon the terms and conditions set forth in this Agreement, the entire 18.06 acre parcel of real property referred to as the Miami Block located at the northwest corner of 66th Avenue and 69th Street, Indian River County and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for the Property shall be SIX HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED NINETY EIGHT dollars ($655,298.00). The Purchase Price shall be paid on the Closing Date. The Purchase Price is inclusive of all compensation for damages incurred by Central as a result of the County's proposed take of the Miami Biock. The Effective Date of this 1 169 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 ata formal meeting of such Board. 3. Title to Miami Block. Central shall convey marketable title to the Miami Block by warranty deed free of claims, liens, easements and encumbrances of record or known to Central; 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 Miami Block. 4.0 County may order an Ownership and Encumbrance Report with respect to the Miami Block. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, .deliver written notice to Central 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 Central cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Central 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 Central, 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 Central. 5.1 Central is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, 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, Central shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, 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 Central shall fail to perform any of its obligations hereunder, the County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Central at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific performance of 2 170 the terms and conditions hereof; or (iii) waive Central's default and proceed to Closing. 6.2 In the event of a default by the County, the Central shall be entitled, as its sole remedy hereunder, to terminate this Agreement. Central 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. The parties agree that the Closing shall be as follows: (a) Central shall execute and deliver to the County a warranty deed conveying marketable title to the Miami Block, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) Central shall have removed all of its personal property and equipment from the Miami Block and shall deliver possession of the Miami Block to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Central 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) Central shall deliver to the County an affidavit, in form acceptable to the County, certifying that Central is not a non-resident alien or foreign entity, such that Central and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) Central 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. 7.2. Closing Costs: Expenses. County 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. (d) Appraisal costs, Engineering costs, land planner costs and all other expert fees and costs incurred by Central of $22,000.00. The costs shall be paid to Associate's attorney. (f) Attorney's fees and costs of $65,529.80 representing 10% of the purchase price. 3 171 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Central. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, Central 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 Property. If the Closing Date occurs between January 1 and November 1, Central 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 in Lieu of Eminent Domain. It is understood by the parties that this contract is entered into by Central under thethreat and in lieu of condemnation. 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 Central and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shallbe effective only if in writing and executed by each of the parties. 9.4 Assignment and Binding Effect. Neither County nor Central 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 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 Central: Central Groves Corp. 606 Azalea Lane Vero Beach, FL 32963 Attn: Benjamin F. Bailey, III If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director 4 172 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. Countv 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 Central 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 thegeneral public, is exempt from disclosure; and where Central is a non-public entity, that Central is not required to disclose persons or entities holding Tess than five (5%) percent of the beneficial interest in Central. SIGNATURES ON THE FOLLOWING PAGE 5 173 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. CENTRAL GROVES CORP. BOARD OF COUNTY COMMISSIONERS A Florida for profit Corporation INDIAN RIVER COUNTY, FLORIDA By: LEL r By: Benjatn F. Bailey, III, Prident• Bob Solari, Chairman Date Signed: /21/3//$ Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and Indian River County Administrator legal sufficiency: By: William K. DeBraal Jason E. Brown Deputy County Attorney Approved as to form and legal sufficiency Andrew Diaz Attorney for Central Groves Corp. 52-01-VER124 174 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. CENTRAL GROVES CORP. BOARD OF COUNTY COMMISSIONERS A Florida for profit Corporation INDIAN RIVER COUNTY, FLORIDA By: By: Benjamin F. Bailey, III, President Bob Solan,. Chairman Date Signed:.. Date Signed: ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: Deputy Clerk Approved as to form and Indian River County Administrator legal sufficiency: By: William K. DeBraal. Jason E. Brown Deputy County Attorney App leg d :a :oto form _< fc,.ncy ew Diaz Attorney for Central Groves orp. 52-01-VER124 6 175 a Indian-River-'County,—Florida Print I Back Indian River County GIS Page 1- of--1- 73Rp:SF 3239060000109600000411 Parcel1D k CENTRAL GROVES CORP (MIAMI 32390600001016000004.0 BLK) OwnerName Notes SIINA 6S7f4"St., ' + ..r,-tirg Sli$ n MEIR Engin. gj ProkrtyAddress 66TH AV VERO BEACH, FL , 32967 • http://www.ircpa.org/PrintMap.aspx 12/11/2018 i Exhibit B — Legal Description of the Miami Block Tract 16, less the West 20 acres in Section 6, Township 32 South, Range 39 East, according to the Plat of Lands of the Indian River Farms Company, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida; AND the West .245 acres of the East 20.49 acres of Tract 15, and the East .245 acres of the East 20.49 acres of Tract 15, all in Section 6, Township 32 South, Range 39 East, according to the Plat of Lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. 7 177 BCC AGENDA January 15, 2019 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 9, 2019 SUBJECT: Dodgertown Golf Course Property FROM: Commissioner Bob Solari I would like to discuss the purchase of the Dodgertown Golf Course Property with the Board. I have included two items as back-up: 1. Bullet points 2. Map Thank you. 178 , Dodgertown Golf Course Property Purchase • Purchase price of $2.4 million, cash. • County commits to planting additional trees and landscaping along east side of 43rd Avenue at completion of widening project, but no more than 36 months from purchase of property. • For so long as the Amended and Restated Facility Lease Agreement for the Dodgertown Property is in effect, the property will be used for passive recreation, environmental projects, or activities that are ancillary to and consistent with the use of the Dodgertown Property by Verotown, LLC. 179 rl f, -26th ST. r,; -AVIATION BLVD. ASPHALT' DRIVEWAY • ri r •) !,1 -1.i, —4,,,..; 4-11 $' ^,^• '.....")'• 1 -/ i... '*fir � r l, ---'-)--1-- ,.-y�I L,'3 "Aftr 560 SPCS i y r . •EJEF r•SER C F .:»' ,'1, 41 ,tom `t,r I ti - Ar r � . CPN 13\16 �'}, , �.. ) — •SeL , TMJ; r • Cyle- GPNP� • ( fesk.- ��� ,r 1< r` I 111' ' J � •ro 1"=200' • Preserves historical 43rd Avenue tree line and adjacent distinctive elevated greens and lee. • Provides special event parking (gross) and informal recreation area. • Provides east/west formol paved driveway to access commercial sile and special event parking areas, recreation, special event area. • Provides commercial site for a hotel & restaurant wllh visual access to Holman field. • Interconnects with Historic Oodgertown. • Provides a pedesMon Iron/service road. = COMMERCIAL AREA = GRASS PARKING AREA = GREEN SPACE (NO PARKING) No. Rartalon Date BY INDIAN RIVER COUNTY 1801 27th STREET VERO BEACH. EL 32960 (772) 567-8000 Deportment of Public Works Engineering Division 130•3,. SECTOR OR NT11010 rt, 5080459875— � rad let ,n lFar ZMN 1 -s -1e COUNT. RNIILLT DODGERTOWN DRAFT CONCEPTUAL PLAN ill OCR 180 1 ' I -d-26th ST.._ „ , "AVIATION BLVD. ! • re - • \p • pL f.\05 `' • p\5. • Vt� •t, . "( IF I :; . i s• ONt.0. ,. ��' T p s c 4 MS i ' i, J fit, r^i_�� ►sl �Y s _�' € ic. r { e lJ ,115 _ ',7 „0A,1 d. l Y G C-{, o pP dr r.-...... - - -.. F .r.} � .. - j - . ..>a✓T-7-11%,..,.,,..r, .....� I macer . ' � �_. 1 s 1j,�b� .' _ -1: e.. rti ia� r,57,..1 J: r;:c:'` ► L-' 4ia r 1 "1 4•-..ra Ji a'J ; i - �$ - ' r , )y.o*'�Y1• rt• �.'•-,t (� ' # f..i •_i i �. ...� ,� an H.L' � � '..i f �L � • I]. ".�L..r^ f'' K +-e l� �i•+� . .7 ...pt ..0 . � � . � , -`.. 1 "=200' • Preserves historical 43rd Avenue tree line and adjacent distinct!. devoted greens and !N. • Provides special event parking (gross) and Informal recreation area. • Provides east/west formol paved driveway 10 access special event parking areas, recreation special event onto: • interconnects with Nistorlo Dodgertown. • Provides a pedestrian !roll/service rood • Provides stormwotor treatment for Main Relief Canal. LEGEND = GRASS PARKING AREA = STORMWATER AREA = GREEN SPACE (NO PARKING) No. Revision Dote BY INDIAN RIVER COUNTY 1801 nth STREET VERO BEACH, Fl 02960 (772) 567-8000 Deportment of Public Works Engineering Division 096112 SECTION 20 1 ^•1e I-9-19 T890:9F1R .us 00...19 m rgc GOYIM' PIIPM67 NO. DODGERTOWN DRAFT CONCEPTUAL PLAN /2 OCR 161 January 15, 2019 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 7, 2019 SUBJECT: Additional Membership on Economic Development Council FROM: Peter O'Bryan Commissioner, District 4 Commissioners: At the Economic Development Council meeting of November 20, 2018, the members voted unanimously that. the healthcare industry should have representation on its Council, as healthcare is one of the top employers in our County. I request the Board consider adding a position on the Economic Development Council to represent the healthcare industry. Thanks. 182 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 1561 Date: To: January 2, 2019 Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Subject: CCNA-2018 Work Order No. 2 to CDM Smith, Inc. for Implementation of the Construction and Demolition (C&D) Debris Landfill Contamination Evaluation Plan DESCRIPTIONS AND CONDITIONS: In reviewing the August 29, 2017; Evaluation Monitoring Report for the Indian River County Construction and Demolition (C&D) Debris Disposal Facility, the Florida Department of Environmental Protection (FDEP) requested a Contamination Evaluation Plan (CEP). CDM Smith, Inc. (CDM Smith) prepared this plan on behalf of the Solid Waste Disposal District (SWDD) and submitted it to FDEP on June 18, 2018. FDEP accepted the CEP on November 1, 2018, with the additional requirement of sediment sampling along the Lateral C Canal. This agenda item requests authorization for CDM Smith to implement the CEP. ANALYSIS: CDM has prepared CCNA-2018 Work Order No. 2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 & Task 2 CEP Implementation & Project Quality Management 18 weeks from Notice To Proceed $47,175 TOTAL (Lump Sum) = $47,175 FUNDING: Funding for the implementation of the CEP is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $300,000 for the 2018/2019 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $47,175 @BCL@3801D65A1.doc Page 11 RECOMMENDATION: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve CCNA-2018 Work Order No. 2 with CDM Smith, Inc. in the amount of $47,175 to provide engineering services related to the implementation of the Contamination Evaluation Plan. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): CCNA-2018 Work Order No. 2 — CDM Smith, Inc. @BCL@380D65A1.doc Page AM WORK ORDER NUMBER CCNA2018WO2 Contamination Evaluation Plan Implementation This Work Order Number 2 is entered into as of this _ day of , 2019, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., (CDM Smith) ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: CDM Smith Inc. By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 185 EXHIBIT A AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR C&D DEBRIS DISPOSAL FACILITY CONTAMINATION EVALUATION PLAN IMPLEMENTATION CCNA-2018 WO NO. 2 This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated April 17, 2018, hereafter referred to as the Contract. PROJECT BACKGROUND In reviewing the August 29, 2017, Evaluation Monitoring Report for the Indian River County Construction and Demolition (C&D) Debris Disposal Facility, the Florida Department of Environmental Protection (FDEP) requested a Contamination Evaluation Plan (CEP). CONSULTANT prepared this plan on behalf of the COUNTY and submitted it to FDEP on June 18, 2018. FDEP accepted the CEP on November 1, 2018 with the additional requirement of sediment sampling along the Lateral C Canal. This Work Order is for the implementation of the CEP. SCOPE OF WORK CONSULTANT will coordinate with the COUNTY in order to provide timely execution of each portion of this project. The Scope of Work is as detailed below. TASK 1.0 - CEP IMPLEMENTATION Subtask 1.1- Coordination, Permitting, Well Installation, Survey, Sampling, and In -Situ Permeability Tests CONSULTANT will assist COUNTY with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CONSULTANT will coordinate with COUNTY staff and all subcontractors performing the work. CONSULTANT will also make the necessary notifications to FDEP. Installation of three of the new monitoring wells will be in the 74th Avenue right-of-way (ROW). CONSULTANT will prepare and submit the permit application for the ROW permit to the Indian River County Land Development Department. CONSULTANT will include Figure 2 from the CEP to show the approximate locations of the new wells. The applicant for the permit will be IRC SWDD. COUNTY will issue payment for the permit fees. CONSULTANT will contract with JAEE Environmental Services, Inc. (JAEE) to install three new shallow downgradient monitor wells (MW -50S, MW -51S, and MW -52S) and three new shallow upgradient monitor wells (MW -33S, MW -35S, and MW -40S). Prior to the installation, CONSULTANT will locate and mark the proposed well locations before JAEE mobilizes. CONSULTANT will provide full-time oversight during the installation. The installation is estimated to take two days. Smith A-1 jj2388_WO Noi8 CONSULTANT will prepare well installation logs. CONSULTANT will perform in-situ permeability testing on three of the new monitor wells in accordance with Section 2.2.4 of the CEP. After installation of the wells, CONSUTLANT will contract with Masteller, Moler, and Taylor, Inc. (MMT) to survey the well locations including horizontal locations and vertical elevation of the top of casing. CONSULTANT/MMT will provide a signed/sealed letter with the survey data. CONSULTANT will contract with Ideal Tech Services Inc. (ITS) to perform groundwater sampling and measurements of water levels. The sampling and measurements of water levels are summarized below along with the analysis required: • Existing MW -21S and MW -49S sampled and analyzed for parameters listed in Table 2 of CEP. ■ New wells MW -50S, MW -51S, MW -52S, MW -33S, MW -35S, and MW -40S sampled and analyzed for analytes listed in Table 2 of CEP. • Remaining shallow detection wells for the C&D Debris Disposal Facility (MW -17S, MW -18S, MW -19S, and MW -20S) will be sampled and analyzed for naphthalene. • Surface water samples from 3 locations in the Lateral C Canal and analyzed for parameters listed in Table 2 of CEP. • Sediment samples from 3 locations along the Lateral C Canal and analyzed for parameters listed in Table 2 of CEP, as possible based on available analytical methods. ■ Water level measurements from 10 detection wells, the six new wells, and MW -49S. CONSULTANT/ITS will deliver the samples to the COUNTY contract laboratory (ENCO) Orlando office for analysis. Subtask 1.2 - Analysis and Data Review Unless otherwise determined by the COUNTY, ENCO will perform the laboratory analysis under the COUNTY's contract. CONSULTANT will assist the COUNTY in coordinating the analytical testing activities with ENCO. CONSULTANT will notify FDEP prior to sampling. After receipt of laboratory results, CONSULTANT will review and evaluate the analytical test results. CONSULTANT will coordinate with ENCO on any corrections to the analytical test reports. Subtask 1.3 - Contamination Evaluation Report In accordance with the CEP and after receipt of all analytical results, CONSULTANT will prepare a Contamination Evaluation Report that includes: • Background information including results of previous investigations and monitoring. • A description of work performed including well installation, well logs, sampling locations, and sampling methods. • Summary tables of well construction details, groundwater analytical results (including historical data), water -level data, surface water quality data, in-situ permeability results and hydraulic conductivity determinations, well inventory, and survey results. • A map or maps showing the location of groundwater wells, groundwater contour maps including the rate and direction of groundwater movement, applicable groundwater iso -concentration maps, and surface water sampling locations with results. Smith A-2 jj2388_W0 N 1 da • Evaluation of surface water quality data with respect to numerical criteria established by the FDEP in Chapter 62-302, F.A.C. and potential impacts to the Lateral C Canal and Indian River Lagoon. • Conclusions and recommendations based on results of the Contamination Evaluation investigations and regulatory requirements for corrective actions as required under Chapter 62- 701.510 (7)(c), F.A.C. as appropriate. • CONSULTANT will provide the final report in portable document file (PDF) format and analytical data in ADaPT format for submittal to FDEP in accordance with the CEP. A draft report will be provided for the COUNTY to review. CONSULTANT will submit the report to FDEP within 12 weeks of initiation of field investigations. TASK 2.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those general administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations. CONSULTANT maintains a Quality Management System (QMS) on all projects. The CONSULTANT will comply with its QMS, which includes independent review of deliverables, monthly project status reviews, and project close-out activities. CONSULTANT will meet with COUNTY staff for project planning and coordination, as needed. CONSULTANT's project manager will attend status reporting meetings as needed throughout the life of the project. Preparation of invoices and project administration will also be performed under this task. DELIVERABLES Draft Contamination Evaluation Report - Electronic PDF copy Final Contamination Evaluation Report -1 hard copy and electronic PDF copy ASSUMPTIONS • COUNTY will provide review comments within 2 weeks of receipt of draft Contamination Evaluation Report. • Laboratory analysis is not included in this Work Order. • Laboratory analytical report will be received within 4 weeks of receipt of samples. • No additional drawings will be prepared for the ROW permit. • COUNTY will pay all permit fees. DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY • Laboratory analytical reports and direct access to laboratory personnel. • COUNTY contract laboratory will provide copies of analytical reports in electronic format (ADaPT) and in PDF format. • Access and clearance of vegetation to sampling/monitoring sites. • Maintenance of existing wells.. • Payment of all permit fees. Smith A-3 jj2388_WO N PAYMENT AND COMPENSATION Compensation for the Work Order described herein shall be made on the basis of a lump sum fee. The lump sum fee for Tasks 1.0 through 2.0 is $47,175 as shown in Exhibit B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete. Smith A-4 jj2388_WO N41280.9 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR C&D DEBRIS DISPOSAL FACILITY CONTAMINATION EVALUATION PLAN IMPLEMENTATION CCNA-2018 WO NO. 2 PROJECT: C&D Debris Disposal Facility - Contamination Evaluation Plan Implementation DESCRIPTION: Task 1.0 - CEP Implementation Task 2.0 - Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Senior Officer 3 $240 $720 Sr Tech Expert 7 $235 $1,645 Associate 5 $215 $1,075 Senior Professional 30 $175 $5,250 Professional II 64 $140 $8,960 Professional I 56 $120 $6,720 Senior Support 14 $130 $1,820 Project Administration 14 $90 $1,260 Total Hours 193 Total Salary Cost : $27,450 Other Direct Costs $1,500 Outside Professionals Ideal Tech Services, Inc. $3,600 Beeson Consulting, Inc. $5,500 Masteller, Moler & Taylor, Inc. $825 JAEE Environmental Services, Inc. $8.300 TOTAL LUMP SUM FEE $47,175 For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee $47,175 CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-1 jj2388_WO No,29U EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR C&D DEBRIS DISPOSAL FACILITY. CONTAMINATION EVALUATION PLAN IMPLEMENTATION CCNA-2018 WO NO. 2 SCHEDULE Task Description Completion Date 1.1 Coordination and Permitting 4 weeks from NTP 1.1 Well Installation and In -Situ Permeability Testing 6 weeks from NTP 1.1 Survey 7 weeks from NTP 1.1 Sampling 8 weeks from NTP 1.2 Analysis and Data Review 12 weeks from NTP 1.3 Contamination Evaluation Report 18 weeks from NTP 2.0 Project Quality Management Throughout project duration Smith C-1 jj2388_WO No1291 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM /6 Date: January 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to CDM Smith for CCNA 2014 Work Order No. 12 — Full Cost Accounting and Financial Assurance Reporting DESCRIPTIONS AND CONDITIONS: On January 16, 2018, the Solid Waste Disposal District (SWDD) Board approved CCNA 2014 Work Order No. 12 to CDM Smith to provide Annual Financial Reports with the Indian River County Landfill for Full Cost Accounting and Financial Assurance Reporting. The Authorization was executed with a not to exceed budget of $60,810. ANALYSIS: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $388.00. After final payment, the total amount paid to CDM Smith will be $60,810. Attached is CDM Smith's letter report describing in more details the services provided under each task. In accordance with the requirements of F.S. 403.7049 and Section 62-708, F.A.C., Fiscal Year (FY) 2016/2017 public notice has been posted on our website at http://www.ircrecycles.com/ docs/Full-Cost-Notice. pdf. FUNDING: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $388.00 RECOMMENDATION: The Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $388.00. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice 2. Full Cost Notice FY2016-17 @BCL@D80D3C72.doc Page 1 f cSmith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 November 26, 2018 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74thAvenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District CDM Smith CCNA-2014 WO NO. 12 Full Cost Accounting and Financial Assurance Reporting Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above referenced project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated December 6, 2011 and extended on November 4, 2014 and October 24, 2017, under Work Order No. CCNA2014-WO No. 12 dated January 16, 2018. This project completion report is to serve as additional information to the final invoice (Invoice No. 90060663). Each year SWDD is required to document full cost accounting and financial assurance in accordance with Solid Waste Operations Permit. CDM Smith assists IRC SWDD with some of these submittals to the Florida Department of Environmental Protection (FDEP) each year. TASK 1.0 - FULL COST ACCOUNTING EVALUATION FOR FISCAL YEAR 2016-2017 Under provisions of Chapter 62-708.300(3), Florida Administrative Code (F.A.C.), IRC SWDD is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2016-2017. CDM Smith prepared a Full Cost Accounting Report, which was delivered to IRC SWDD on November 8, 2018. This report sets forth the full cost of solid waste management for Fiscal Year 2016-2017, in accordance with the requirements of Chapter 62-708, F.A.C. CDM Smith also prepared a Public Notice Disclosure based on the full cost of solid waste management in IRC SWDD for Fiscal Years 2016-2017. 1.9.3 WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES CM' Mr. 1-Iimanshu H. Mehta, P.E. Managing Director November 26, 2018 Page 2 TASK 2.0 - FINANCIAL ASSURANCE SWDD operates a Class I landfill and a Construction and Demolition (C&D) debris landfill facility through a contract with Republic Services Inc. SWDD is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually. Task 2.1- Recalculation of the Closure Cost Estimates CDM Smith prepared a recalculation of the estimated closing and long-term care costs for the Class 1 and C&D debris landfill. CDM Smith used the recalculated closing and long-term care cost estimates to complete the Closure Cost Estimating Form for Solid Waste Facilities for the both the Class I landfill (includes the waste tire site) and the C&D debris landfill. The forms were submitted to FDEP on August 31, 2018. Task 2.2 - Survey and Airspace Assessment Under this task, CDM Smith provided a survey and assessment of consumed airspace. The, survey work was performed by Masteller, Moler, & Taylor, Inc. for the Class I and construction & demolition (C&D) debris landfills. The topographic survey was performed on the entire IRC Landfill site, including the Class I waste area (Segments I, II, and I1I as well as the ditches and roadways surrounding the Class I area), the C&D debris landfill site (waste area, as well as the fence -line and the surrounding ditches and berms adjacent to the C&D debris site), expansion areas, stormwater pond, and administrative area. The survey was transmitted to SWDD on May 16, 2018. The deliverable from Masteller, Moler, & Taylor, Inc. consisted of a survey report identifying the date the field survey was completed and the airspace consumed for the Segments II and III portions of the Class I landfill, as well as the C&D debris landfill. The deliverable included the topographic survey, aerial photograph, and a compact disk containing the AutoCAD files. Task 2.1- Financial Assurance Report CDM Smith prepared documentation that demonstrated proof of financial assurance for the cost of closing and providing long-term care for the Class I landfill, the C&D debris landfill, and the waste tire site. CDM Smith submitted the final Financial Assurance Report, which included recommendations for Fiscal Year 2017-2018 escrow account balances to SWDD on October 5, 2018. CDM Smith appreciates the opportunity to provide these services to IRC SWDD. If you have any questions or require additional information on the above, project, please contact me. „�380.a194 c"� ---te-6111 Srriith Mr. Hirnanshu 1-1. Mehta, P.E. Managing DireCtor November 26, 2018 Page Sincerely, Amy M. Hightower, P.E., BCEE 'Project Manager CDM Smith Inc. AMH/jj Fi1e; PW_PL1_6706-225925.02.01 ,,2380.d1,95 Smith 621 N.W. 53rd Street, Suite 265 Boca Raton, Florida 33487 Tel: 561 571-3800 Fax: 561 241-7084 INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: 000200418081 Wire Routing: 011.000138 Invoice Number: 90060663 Invoice Date: 11/24/2018 Project Number: 225925 Amount Due: $388.00 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE 1 Services from October 28, 2018 to November 24, 2018 In accordance. with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, and Extensions and Amendments of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and October 24, 2017 and CNNA-2014 Work Order No. 12, dated January 10, 2017, between Indian River County County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: FULL COST ACCOUNTING & FINANCIAL ASSURANCE : FINAL INVOICE Description Contract Amount Amount $60,810.00 Lumpsum Amount $60,810.00 Percent Complete 100.00% Billed ITD $60,810.00 Less Previously Billed $60,422.00 Total $388.00 Amount Due $388.00 CDM INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Rent To: COM Smilh Inc. PO Box 100902 Mania GA 30384-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90060663 Invoice Date: 11/24/2018 Project Number: 225925 Amount Due: $388.00 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from October 28, 2018 to November 24, 2018 In accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, and Extensions and Amendments of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and October 24, 2017 and CNNA-2014 Work Order No. 12, dated January 10, 2017, between Indian River County County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: FULL COST ACCOUNTING & FINANCIAL ASSURANCE - FINAL INVOICE [FA -FINANCIAL ASSURANCE Description Contract Amount Amount $53,050.00 Lumpsum Amount $53,050.00 Percent Complete• 100.00% Billed ITD $53,050.00 Less Previously Billed $53,050.00 Total $0.00 Amount Due $0.00 197 CNA INDIAN RIVER COUNTY FLORIDA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remil To: COM Smith Inc. PO Box 100902 Atlanta GA 303840902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90060663 Invoice Date: 11/24/2018 Project Number: 225925 Amount Due: $388.00 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from October 28, 2018 to November 24, 2018 In accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011, and Extensions and Amendments of Continuing Contract Agreement for Professional Services, dated November 4, 2014 and October 24, 2017 and CNNA-2014 Work Order No. 12, dated January 10, 2017, between Indian River County County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: FULL COST ACCOUNTING & FINANCIAL ASSURANCE - FINAL INVOICE [FCA -FULL COST ACCOUNTING Description Amount Contract Amount $7,760.00 Lumpsum Amount $7,760.00 Percent Complete 100.00% Billed ITD $7,760.00 Less Previously Billed $7,372.00 Total $388.00 Amount Due $388.00 198 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FL SOLID WASTE FULL COST ACCOUNTING PUBLIC DISCLOSURE NOTICE In accordance with the requirements of F.S. 403.7049 and Section 62-708, F.A.C., the Board of County Commissioners is advising all users of solid waste management services in Indian River County of the information below concerning the full cost of solid waste management. Full Cost of Solid Waste Management Services Related to Collection, Disposal and Recycling Services Provided by Indian River County Solid Waste Disposal District Fiscal Year 2016-17 TOTAL COSTS ALLOCATED: Function Total Amount Amount Allocated to Residential (1) Non -Residential Disposal Convenience Center & Recycling $8,341,809 $6,667,354 $3,987,156 $4,340,970 $4,354,653 $2,326,384 Total $15,009,163 $8,328,126 $6,681,037 FULL ANNUAL ASSESSMENT COST: Average Annual Cost Per Household (3) Per Ton Single Family Multi -Family (2) Disposal: Residential Non -Residential $49.12 $36.84 $23.17 Convenience Center & Recycling: Residential Non -Residential $53.48 $40.11 $12.38 Total Costs $102.60 $76.95 $35.55 (1) Residential category includes single family units, multi -family units, mobile homes and travel trailer sites (2) Includes multi -family, mobile home and travel trailer dwelling units. (3) Additional costs for collection are associated with those of the individual jurisdictions. 199 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM sea Date: January 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Subject: CCNA-2018 Work Order No. 3 to CDM Smith, Inc. for Engineering Services with the SWDD Annual Permit Compliance Monitoring and Reporting DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third -party professional engineer. This agenda item requests authorization to engage the engineering firm of CDM Smith, Inc. (CDM Smith) to prepare and seal the following reports: 1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits. 2. Evaluation monitoring and reporting for the Construction and Demolition (C&D) Debris Disposal Facility. 3. Annual reports required by the site's Title V air quality permit, including the annual operating report, semi- annual monitoring report and the annual landfill gas sulfur content test. In addition, a general technical assistance and permit compliance task is included as SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operations. ANALYSIS: CDM has prepared CCNA-2018 Work Order No. 3, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. @BCL@C80E784C Page 1ZO TASK DESCRIPTION DUE DATE AMOUNT Task 1 Project Quality Management 1/1/19 —12/31/19 $25,190 Task 2 Semi -Annual Water Quality Sampling & Reporting March 2019 & September 2019 $46,700 Task 3 Title V Permit Compliance Monitoring March — December 2019 $26,380 Task 4 Evaluation Monitoring for the C&D Debris Disposal Facility March 2019, June 2019, September 2019, and December 2019 $28,510 Task 5 General Technical Assistance 1/1/19 —12/31/19 $24,000 TOTAL (Lump Sum) = $150,780 FUNDING: Funding for the SWDD Annual Permit Compliance Monitoring and Reporting is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $300,000 for the 2018/2019 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $150,780 RECOMMENDATION: The Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve CCNA-2018 Work Order No. 3 with CDM Smith, Inc. in the amount of $150,780 to provide engineering services related to the SWDD Annual Permit Compliance Monitoring and Reporting. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): CCNA-2018 Work Order No. 3 — CDM Smith, Inc. @BCL@C80E784C Page 2Z021- WORK ORDER NUMBER CCNA2018WO3 Permit Compliance Assistance for the Calendar Year 2019 This Work Order Number 3 is entered into as of this day of , 2019,. pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., (CDM Smith) ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference.. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: CDM Smith Inc. By: Title: r re,sr cf By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 202 EXHIBIT A AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated April 17, 2018, hereafter referred to as the Contract. PROTECT BACKGROUND Solid Waste Operation Permit Water Quality Compliance Semi-annual reports of groundwater quality at the COUNTY Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Water Quality Monitoring Plan (WQMP) included as Appendix 3 of Permit Nos. 0128769 -022 -SC and 0128769 -023 -SO for the Class I landfill and the WQMP included as Appendix 3 of Permit No. 0128769 -025 -SO -24 dated July 13, 2017 for the C&D debris disposal facility. Two semi-annual monitoring reports that document the sampling events will be required in calendar year 2019. Semi-annual sampling of the Class I and C&D debris disposal facility groundwater monitor wells shall be performed in January and July of 2019. The samples collected from the Class I monitoring wells during these events will be analyzed for the routine monitoring parameters listed in Paragraph 7 of the WQMP and Chapter 62-701.510(7)(a), F.A.C. The samples collected from the C&D debris disposal facility monitoring wells, except for MW -21, will be analyzed for the routine monitoring parameters listed in Paragraph 8 of the WQMP and Chapter 62-701.730(8)(c), F.A.C. In total, 39 wells (29 Class I and 10 C&D) will be sampled in January and 26 wells (16 Class I and 10 C&D) will be sampled in July. Samples from one surface water site shall be collected in January and July, if water is discharging from the stormwater pond. The samples, if collected, will be analyzed for the parameters listed in Paragraph 13 of the WQMP and Chapter 62-701.510(7)(b), F.A.C. All laboratory analyses will be performed by the COUNTY contract laboratory (ENCO). Evaluation Monitoring for the C&D Debris Disposal Facility Results of routine semi-annual monitoring of groundwater quality at the C&D debris disposal facility in January 2017 indicated that confirmed concentrations of benzene and sodium exceeded the Primary Drinking Water Standard Maximum Contaminant Levels (MCLs) in samples collected from monitor well MW -21S. MW -21S is one of the 10 detection monitor wells that comprise the monitoring network for the C&D debris disposal facility. In accordance with Florida Department of Smith A-1 jj2391_WO No203 Environmental Protection (FDEP) rules and the permit for the facility, the COUNTY reported the exceedances of the MCLs to the FDEP in March 2017. In a letter dated June 22, 2017, FDEP requested that the COUNTY initiate evaluation monitoring in accordance with the requirements of Chapter 62-701.510(6), Florida Administrative Code (F.A.C.). In Ju1y2017, the COUNTY installed one monitor well (MW -49S) and performed two quarterly sampling events (July 2017 and October 2017). Monitoring wells MW -21S and MW -49S will be sampled quarterly in January 2019, April 2019, July 2019, and October 2019. The samples collected in January, April and July will be analyzed for the parameters listed in Chapter 62-701.510(7)(a), F.A.C. The samples collected in October 2019 will be analyzed for the parameters listed in Chapter 62-701.510(7)(c), F.A.C. Title V Operation Permit Air Quality Compliance The COUNTY Landfill also operates under a Title V permit (Permit No. 0610015 -005 -AV) effective on June 1, 2017, which contains monitoring and reporting requirements related to the landfill gas collection and control system. The COUNTY is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: • Annual Statement of Compliance (within 60 days after the end of the calendar year); • Electronic Annual Operating Report and Title V Emission Fee (on or before April 1 of the following year); • Semi -Annual Monitoring Report (target submittal dates on March 1 and August 29), and ■ Results of an annual landfill gas sulfur content test (Annual Emissions Report for Sulfur Dioxide letter report and included in the Electronic Annual Operating Report). Effective December 31, 2013, the Major Air Pollution Source Annual Emissions Fee is calculated by FDEP's Electronic Annual Operating Report (EAOR) application that is used to produce the Annual Operating Report listed above. The emissions fee for 2018 is due by April 1, 2019. SCOPE OF SERVICES CONSULTANT will undertake the necessary annual permit compliance monitoring and reporting, which will include the following tasks: Task 1.0: Project Quality Management Task 2.0: Semi -Annual Water Quality Sampling and Reporting Task 3.0: Title V Permit Compliance and Reporting Task 4.0: Evaluation Monitoring for the C&D Debris Disposal Facility Task 5.0: General Technical and Miscellaneous Permit Compliance Reporting The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Scope of Services may be needed if there are any regulatory changes that result in additional work. TASK 1.0 — PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations. Smith A-2 jj2391 WO.N 20 CONSULTANT maintains a Quality Management System (QMS) on all projects. The CONSULTANT will comply with its QMS, which includes independent review of deliverables, monthly project status reviews, and project close-out activities. CONSULTANT will meet with COUNTY staff for project planning and coordination, as needed. CONSULTANT's project manager will attend status reporting meetings as needed throughout the life of the project. Preparation of invoices and project administration will also be performed under this task. TASK 2.0 -SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING CONSULTANT will assist COUNTY with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CONSULTANT will perform the field testing, sample collection, and water -level measurements. CONSULTANT will contract with Ideal Tech Services Inc. (ITS) to perform the groundwater and surface water sampling. Prior to collecting groundwater samples in January and July 2019, CONSULTANT/ITS will collect water level data from 58 groundwater monitor wells and 1 staff gauge (SG -12). CONSULTANT/ITS will perform semi-annual sampling of the Class I and C&D debris disposal facility groundwater monitor wells in January (39 wells) and July (26 wells) of 2019. CONSULTANT/ITS will also perform semi-annual (January and July) sampling of the surface water site, if discharging. It is estimated that data collection and sampling will take four days to complete in January and three days to complete in July. In the event that FDEP requires resampling of groundwater monitoring wells, the labor and materials will be invoiced under Task 5 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, the COUNTY will not be invoiced. CONSULTANT/ITS will deliver the samples to the COUNTY contract laboratory (ENCO) Orlando office for analysis. Unless otherwise determined by the COUNTY, ENCO will perform the laboratory analysis under the COUNTY's contract. CONSULTANT will assist the COUNTY in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports. CONSULTANT will prepare a semi-annual report for each of the two monitoring events that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by the COUNTY to analyze samples. Services included in preparing the semi-annual reports entail: • Review of laboratory results with respect to FDEP groundwater quality criteria and historical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially result in enforcement action, CONSULTANT will notify the COUNTY prior to preparing the report and request confirmatory samples, if needed. • Preparation of semi-annual monitoring reports for the January and July monitoring events. The reports will include brief discussions of the results, water level contour maps, and copies of the analytical reports. A draft report will be submitted for review, if requested. • CONSULTANT will provide the final report in portable document file (PDF) format and analytical data in ADaPT format for submittal to FDEP in accordance with Paragraph V.7 of the WQMP. Sm th A-3 jj2391_WO N 205 TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING Title V Permit No. 0610015 -005 -AV, which is the current permit as of the date of this work order, contains monitoring and reporting requirements related to the landfill gas collection and control system. CONSULTANT will assist COUNTY, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CONSULTANT will prepare and submit the annual Statement of Compliance for the COUNTY Landfill. This document must be submitted to FDEP within 60 days after the end of the calendar year, as required by Rule 62-213.440(3)(a)(2), F.A.C. Electronic Annual Operating Report (EAOR) CONSULTANT will prepare and submit the EAOR for the COUNTY Landfill. This report must be submitted to FDEP on or before April 1 of each calendar year, as required by Rule 62-210.370(3), F.A.C. CONSULTANT will estimate the annual emission rates of non -methane organic compounds and volatile organic compounds from the landfill gas to determine the COUNTY's status with regard to operation and reporting requirements of the active landfill gas collection and control system under the New Source Performance Standards requirements. Results of the annual landfill gas sulfur content test will be used in calculations that are included with the EAOR. Semi -Annual Monitoring Report CONSULTANT will prepare and submit two semi-annual monitoring reports to demonstrate compliance with the federal requirements. The report includes the following information: a. Submittal of reports of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in such reports; b. Reporting, in accordance with requirements of subsection 62-210.700(6) and Rule 62-4.130, F.A.C., of deviations from permit requirements, including those attributable to upset conditions as defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventive measures taken. c. All reports shall be accompanied by a certification by a responsible official, pursuant to subsection 62-213.420(4), F.A.C. The reports will only cover deviations from Title V permit conditions. Landfill and landfill gas operational data is not required to be reviewed and submitted to FDEP per the Title V permit. Annual Title V Emissions Fee The EAOR application used for reporting to FDEP will automatically calculate the annual emission fee for the facility. CONSULTANT will notify COUNTY of the fee amount. Once the check is in -hand, CONSULTANT will submit the fee on COUNTY's behalf prior to the April 1 deadline. Annual Landfill Gas Sulfur Content Test CONSULTANT will take three samples of landfill gas annually to determine the sulfur content in accordance with Method ASTM D5504-12 or D7493. CONSULTANT will coordinate as needed with a certified air testing laboratory. Calculated sulfur emissions using the laboratory results will be Smith A-4 jj2391 WO N206 n submitted to FDEP in a letter report after receipt of the laboratory test report. The landfill gas sulfur content test will be completed no later than December 31, 2019. TASK 4.0 - EVALUATION MONITORING FOR THE C&D DEBRIS DISPOSAL FACILITY CONSULTANT, using Ideal Tech Services, Inc. (ITS) as a subcontractor, will perform the quarterly sampling events for Calendar Year 2019 (January 2019, April 2019, July 2019 and October 2019) for MW -21S and MW -49S. The samples collected in January, April and July will be analyzed for the parameters listed in Chapter 62-701.510(7)(a), F.A.C. The samples collected in October 2019 will be analyzed for the parameters listed in Chapter 62-701.510(7)(c), F.A.C. The January 2019 and July 2019 events will be performed concurrently with the routine groundwater monitoring scheduled for late January and July 2019. CONSULTANT/ITS will coordinate with and deliver samples to COUNTY'S contract analytical laboratory. ENCO will perform the laboratory analysis under COUNTY'S contract. CONSULTANT will prepare an Evaluation Monitoring Report for each of the four quarterly monitoring events. Draft reports will be submitted to the COUNTY for review and comment. The reports will be finalized and submitted to FDEP after resolution of COUNTY comments. The reports will be letter reports. In the event that FDEP requires changes to the monitoring and reporting requirements as a result of the Contamination Evaluation Report that is being prepared under a separate work order, the additional services will be performed under Task 5 below. TASK 5.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE REPORTING CONSULTANT will provide general technical and permit compliance assistance to COUNTY staff on an as needed basis. COUNTY staff is performing a number of the tasks required annually by the current FDEP landfill permits. CONSULTANT will provide support as needed for the COUNTY staff as they perform these tasks. General technical and permit compliance assistance tasks may include: ■ Reporting required by the Multi -Sector Generic Permit for stormwater discharge; • Quarterly monitoring and reporting of the landfill gas monitoring wells located at the COUNTY; Landfill site boundary, as well as enclosed structures located on site; • Preparing agenda items for and attending Board of County Commissioners meetings; • Developing annual COUNTY budgets; • Miscellaneous permit renewals or technical support; • Install one piezometer for Segment 3 Cell 2; • Sampling and reporting for up to six additional C&D monitoring wells dependent on FDEP review of the Contamination Evaluation Report, and • Sampling and reporting for additional monitor wells, surface water, leachate, etc. ASSUMPTIONS • This Scope of Services and cost proposal is based on solid waste operations Permit Nos. 0128769 -022 -SC and 0128769 -023 -SO for the Class I landfill and the WQMP included as Appendix 3 of Permit No. 0128769 -025 -SO -24 dated July 13, 2017 for the C&D debris disposal facility. • Laboratory analysis is not included in this Work Order. ■ This Work Order is based on the Title V Permit No. 0610015 -005 -AV (effective June 1, 2017), which is the current permit as of the date of this Work Order and expires on June 1, 2022. Title Sm th A-5 jj2391_WO N 202 V compliance requirements will not change from those listed in Title V Permit No. 0610015- 005 -AV. ■ Tasks 1 and 2 do not include meetings with the Florida Department of Environmental Protection. • The semi-annual water quality data for the Class I landfill and C&D debris disposal facility will be submitted as a combined single report. • Valid laboratory analytical results are received in January, April, July, and October. • Sampling of C&D debris disposal facility wells will be completed under existing WQMP requirements. ■ This Work Order does not include Site Assessment activities, if required by FDEP. • The flare visible emissions test has not been included since the testing is only necessary if required by the FDEP. Note that a visible emissions test will need to be completed in 5 years for the next permit renewal. • As reported in Title V Permit No. 0610015 -005 -AV, the NMOC emissions are predicted to be less than the current threshold (50 Mg/year). Therefore, the NMOC Emission Rate Report can be completed in 5 years for the next permit renewal. 'If annual NMOC emissions start exceeding the threshold, the NMOC Emission Rate Report will be required annually. ■ As stated in the Title V Permit No. 0610015 -005 -AV, the landfill is not subject to the gas collection and control requirements of 40 CFR 60, Subpart WWW. Therefore, gas system operational compliance monitoring is not required to be reported in the semi-annual monitoring report. The semi-annual monitoring reports will only cover deviations from Title V permit conditions. Landfill and landfill gas operational data is not required to be reviewed and submitted to FDEP per the Title V permit. • The scope of services in this Work Order is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Work Order may be needed if there are any regulatory changes that result in additional work. • If FDEP requires contamination beyond the zone of discharge, a separate work order will be required. • If FDEP requires any changes to the C&D sampling and reporting due to the Contamination Evaluation Report results beyond additional monitoring of six new wells, a separate work order will be required. DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY • Existing data available on construction of the existing groundwater monitor wells. • Available site surveys. • Available record information. ■ Laboratory analytical reports and direct access to laboratory personnel. • COUNTY contract laboratory will provide copies of analytical reports in electronic format (ADaPT) and in PDF format. • Access and clearance of vegetation to sampling/monitoring sites. • Maintenance of wells and staff gauge. • Annual operations data needed for emissions estimating including, but not limited to, tonnages of waste accepted, quantity of landfill gas collected, and hours of emergency engine operation. • Annual Title V emissions fee. PAYMENT AND COMPENSATION Compensation for the Work Order described herein shall be made on the basis of a lump sum fee. The annual lump sum fee for Tasks 1.0 through 5.0, inclusive, is $150,780 as shown in Exhibits B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task. For invoice purposes only, the value of each task is as shown in the Table 1. Smith A-6 jj2391_WO No 08 Table 1 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1.0 Project Quality Management $25,190 2.0 Semi -Annual Water Quality Sampling and Reporting $46,700 3.0 Title V Permit Compliance and Reporting $26,380 4.0 Evaluation Monitoring for the C&D Debris Disposal Facility $28,510 5.0 General Technical and Miscellaneous Permit Compliance Reporting $24,000 TOTAL WORK ORDER NO. 3 - LUMP SUM $150,780 Smith A-7 jj2391_WO No231 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 1.0 - Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 8 $240 $1,920 Associate 50 $215 $10,750 Principal 12 $210 $2,520 Senior Professional 24 $175 $4,200 Professional II 24 $140 $3,360 Document Control Specialist 16 $90 $1.440 Total Hours 134 Total Salary Cost $24,190 Other Direct Costs $1.000 TOTAL LUMP SUM FEE $25,190 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $25.190. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-1 jj2391 WO Not n PROJECT: DESCRIPTION: EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 IRC SWDD Annual Permit Compliance Monitoring Reporting Services Task 2.0 - Semi -Annual Water Quality Sampling and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Sr. Officer Associate Principal Senior Professional Professional II Professional I Senior Support Staff Support Document Control Specialist Total Hours Total Salary Cost Other Direct Costs Outside Professional Services Ideal Tech Services, Inc. Beeson Consulting, Inc. TOTAL LUMP SUM FEE Hours 8 20 10 48 30 20 6 12 16 170 Rate $240 $215 $210 $175 $140 $120 $130 $95 $90 Total $1,920 $4,300 $2,100 $8,400 $4,200 $2,400 $780 $1,140 $1,440 $26,680 $1,900 $10,120 $8,000 $46,700 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee of $46,700. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-2 jj2391_WO NonoL EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 3.0 - Title V Permit Compliance and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 6 $240 $1,440 Associate 16 $215 $3,440 Principal 4 $210 $840 Senior Professional 60 $175 $10,500 Professional II 36 $140 $5,040 Professional I 8 $120 $960 Senior Support 8 $130 $1,040 Staff Support 2 $95 $190 Document Control Specialist 12 $90 $1.080 Total Hours 152 Total Salary Cost Other Direct Costs TOTAL LUMP SUM FEE $24,530 $1.850 $26,380 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $26,380. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-3 jj2391_WO No212 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 4.0 - Evaluation Monitoring for the C&D Debris Disposal Facility CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 4 $240 $960 Associate 8 $215 $1,720 Principal 4 $210 $840 Senior Professional 30 $175 $5,250 Professional II 30 $140 $4,200 Professional I _ 20 $120 $2,400 Senior Support 12 $130 $1,560 Staff Support 4 $95 $380 Document Control Specialist 24 $90 $2,160 Total Hours 136 Total Salary Cost $19,470 Other Direct Costs $1,400 Outside Professionals Beeson Consulting $5,000 Ideal Tech $2,640 TOTAL LUMP SUM FEE $28,510 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum of $28,510. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. CDM B-4 jj2391_WO N'' 133E EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO NO. 3 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 5.0 - General Technical and Miscellaneous Permit Compliance Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 14 $240 $3,360 Associate 4 $215 $860 Principal 20 $210 $4,200 Senior Professional 20 $175 $3,500 Professional II 14 $140 $1,960 Professional I 12 $120 $1,440 Senior Support 2 $130 $260 Staff Support 4 $95 $380 Document Control Specialist 6 $90 $540 Total Hours 96 Total Salary Cost $16,500 Other Direct Costs $1.500 Outside Professional (Driller, Ideal Tech, Beeson Consulting, etc.) $6.000 TOTAL LUMP SUM FEE $24,000 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum of $24.000. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-5 jj2391_WO N2 EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2019 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2018 WO N0.3 The following project schedule has been developed based on receiving authorization on or before January 1, 2019. Task Completion Date Task 1.0: January 1, 2019 through December 31, 2019 Task 2.0: Sampling events: January 2019 and July 2019: report submittals March 2019 and September 2019 (Includes sampling events, review and validation of results, and completion/submittal of reports within 60 days of receipt of laboratory analysis) Task 3.0: Task 4.0: Task 5.0: Smith Statement of Compliance Electronic Annual Operating Report Annual Title V Emissions Fee Semi -Annual Monitoring Report March 1, 2019 April 1, 2019 April 1, 2019 March 1, 2019 and August 29, 2019 Annual Landfill Gas Sulfur Content Test December 31, 2019 Sampling events: January 2019, April 2019, July 2019, and October 2019: report submittals March 2019, June 2019, September 2019, and December 2019 January 1, 2019 through December 31, 2019 C-1 jj2391_WO N215 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: January 2, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: CCNA-2018 Work Order No. 4 to CDM Smith, Inc. for the SWDD Annual Financial Reports DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) is required by Florida Department of Environmental Protection (FDEP) rules to prepare annual financial reports certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long- term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management and disposal of solid waste in the County. ANALYSIS: CDM Smith, Inc. (CDM Smith) has prepared CCNA-2018 Work Order No. 4, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report March 31, 2019 $ 8,270— Lump Sum Task 2 Financial Assurance Report September 30, 2019 $ 55,650 — Lump Sum TOTAL (Lump Sum) = $ 63,920 The engineering costs for this project are 5.11% higher than last fiscal year due to the updated contract agreement with our consultant. FUNDING: Funding for the SWDD Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $300,000 for the 2018/2019 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $63,920 @BCL@E80D9D83.docx Page 1��f62 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve CCNA-2018 Work Order No. 4 with CDM Smith, Inc. in the amount of $63,920 to provide engineering services related to the SWDD Annual Financial Reports. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) CCNA-2018 Work Order No. 4—CDM Smith, Inc. @BCL@E80D9D83.docx Page ±Gfq WORK ORDER NUMBER CCNA2018WO4 Full Cost Accounting and Financial Assurance Reporting This Work Order Number 4 is entered into as of this _ day of , 2019, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., (CDM Smith) ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: CDM Smith Inc. By: Title: f test stted- By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 218 EXHIBIT A AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING CCNA-2018 WO NO. 4 This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated April 17, 2018, hereafter referred to as the Contract. PROJECT BACKGROUND Each year the COUNTY is required to document full cost accounting and financial assurance in accordance with the Solid Waste Operations Permit. CONSULTANT assists COUNTY with these submittals to the Florida Department of Environmental Protection (FDEP) each year. This project is to provide permitting services which are required including: ■ Task 1.0 - Full Cost Accounting Evaluation for Fiscal Year 2017-2018 • Task 2.0 - Financial Assurance CONSULTANT will coordinate with the COUNTY in order to provide timely execution of each portion of this project. The Scope of Work is as detailed below. SCOPE OF WORK TASK 1.0 - FULL COST ACCOUNTING EVALUATION FOR FISCAL YEAR 2017-18 Under provisions of Chapter 62-708.300(3), Florida Administrative Code (F.A.C.), the COUNTY is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2017-2018. CONSULTANT will perform an evaluation on the full cost of solid waste management for Fiscal Year 2017-2018 in accordance with the requirements of Chapter 62-708, F.A.C. CONSULTANT will prepare summary tables and a brief letter presenting the full cost of solid waste management in the COUNTY for Fiscal Year 2017-2018 and also prepare a draft public notice. CONSULTANT will provide the draft tables, letter, and public disclosure notice to the COUNTY by March 15, 2019 assuming receipt of all data required to perform the study are provided by March 1, 2019. After receipt of comments, CONSULTANT will submit the final tables, letter, and public disclosure notice within 7 calendar days. The COUNTY is required to inform the residential and nonresidential users of IRC's solid waste management services area of the user's share of the full cost for solid waste management in accordance with Chapter 403.7049 Florida Statutes. Smith A-1 jj2390_WO N'' 19 TASK 2.0 - FINANCIAL ASSURANCE The COUNTY operates a Class I landfill and a construction and demolition (C&D) debris disposal facility through a contract with Republic Services. The COUNTY is required by Chapter 62-701, F.A.C. to provide financial assurance for each of these facilities annually. Subtask 2.1- Recalculation of the Closure Cost Estimates CONSULTANT will prepare a recalculation of the estimated closing and long-term care costs for the Class I and C&D debris disposal facility. CONSULTANT will use the recalculated closing and long- term care cost estimates to complete the Closure Cost Estimating Form for Solid Waste Facilities for the both the Class I landfill (includes the waste tire site) and the C&D debris disposal facility. The forms will be submitted for review by the COUNTY prior to submittal to FDEP. Subtask 2.2 - Survey and Airspace Assessment CONSULTANT will provide surveys and assessments of consumed airspace performed by, a subconsultant, Masteller, Moler & Taylor, Inc. for the Class I landfill and C&D debris disposal facility. The topographic survey will be performed on the entire IRC Landfill site, including the Class I waste area (Segments I, II, and III as well as the ditches and roadways surrounding the Class I area), the C&D debris disposal facility (waste area, as well as the fence -line and the surrounding ditches and berms adjacent to the C&D debris site), expansion areas, stormwater pond, and administrative area. CONSULTANT will review the volumetric modeling and include a summary of estimated waste density based on the results of the survey and volumetric modeling. The deliverable from Masteller, Moler & Taylor, Inc. will consist of a survey identifying the dates the field survey was completed. Airspace consumed and remaining airspace based on the survey and the construction and design criteria shall be specifically identified in the financial assurance report. The survey shall also include the results of the volumetric calculations for the Segments II and III portions of the Class I landfill, as well as the C&D debris disposal facility. Deliverables accompanying the survey shall include: A 1 -inch = 50 feet scale contour map for each site with 1 -foot contour intervals in regular weight lines, and 5 -foot contour intervals in bold weight lines. Signed and sealed contour maps will be provided on 24 -inch by 36 -inch paper of each landfill site in 1 -inch = 200 feet scale. A Compact Disc (CD) with ASCII file of the survey data in AutoCAD 2010 will also be provided. For the Class I Landfill (Segments I, II, and III), the financial assurance report shall include an evaluation of the compaction of the waste and an analysis as to whether Republic Services is meeting its contractual compaction requirements. CONSULTANT will include escrow account balance recommendations for Fiscal Year 2018-2019, as well as escrow account budget recommendations for Fiscal Year 2019-2020. Subtask 2.3 - Financial Assurance Report CONSULTANT will prepare documentation that demonstrates proof of financial assurance for the cost of closing and providing long-term care for the Class I landfill, the C&D debris disposal facility, and the waste tire site. This documentation will be submitted for review by the COUNTY. Two copies of the final document will be provided to the COUNTY. CONSULTANT will meet with the COUNTY up to two times to discuss issues and to provide needed coordination. CONSULTANT will also respond to FDEP correspondence regarding financial assurance. Smith A-2 jj2390_WO N220 ASSUMPTIONS ■ Topographic survey of entire IRC Landfill site will be performed. ■ Volumetric calculation will be performed on the currently active Class I and C&D debris cells. DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY ■ Site access. ■ Escrow account balances. ■ The rates and numbers of dwelling units for each of the transporters. ■ Available site surveys. ■ Level of service for each transporter. ■ Monthly fees for both single family residence and multi -family residences collected via non -ad valorem assessment. ■ Numbers of parcels, equivalent residential units, and waste generation units (WGUs) for Fiscal Year 2017-2018 for each customer. ■ Wastestream monthly totals. ■ Changes to Basis of Allocation. ■ Direct and indirect cost breakdowns. ■ Confirmation of waste generation units. ■ Amount of residential assessment. PAYMENT AND COMPENSATION Compensation for the Work Order described herein shall be made on the basis of a lump sum fee. The lump sum fee for Tasks 1.0 and 2.0, inclusive, is $63,920 as shown in Exhibits B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task. For invoice purposes only, the value of each task is as shown in the Table 1. Table 1 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1.0 Full Cost Accounting Evaluation for Fiscal Year 2017-2018 $8,270 2.0 Financial Assurance $55,650 TOTAL WORK ORDER NO. 4 - LUMP SUM $63,920 Smith A-3 jj2390 WO N22oL EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING CCNA-2018 WO NO. 4 PROJECT: Full Cost Accounting and Financial Assurance Reporting DESCRIPTION: Task 1.0 - Full Cost Accounting Evaluation for Fiscal Year 2017-2018 CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr Officer 2 $240 $480 Associate 14 $215 $3,010 Senior Professional 20 $175 $3,500 Senior Support 4 $130 $520 Document Control Specialist 4 $90 $360 Total Hours 44 Total Salary Cost $7,870 Other Direct Costs $400 TOTAL LUMP SUM FEE $8,270 For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee $8.270. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-1 jj2390_WO N EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING CCNA-2018 WO NO. 4 PROJECT: Full Cost Accounting and Financial Assurance Reporting DESCRIPTION: Subtask 2.1- Recalculation of the Closure Cost Estimates Subtask 2.2 - Survey and Airspace Assessment Subtask 2.3 - Financial Assurance Report CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Sr. Officer 12 $240 $2,880 Associate 40 $215 $8,600 Senior Professional 60 $175 $10,500 Professional II 74 $140 $10,360 Professional I 20 $120 $2,400 Senior Support 8 $130 $1,040 Staff Support 10 $95 $950 Document Control Specialist 8 $90 $720 Total Hours 232 Total Salary Cost $37,450 Outside Professionals - Masteller, Moler & Taylor, Inc. $17,000 Other Direct Costs $1,200 TOTAL LUMP SUM FEE $55,650 For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee of $55,650. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. Smith B-2 jj2390_WO N2293 EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING CCNA-2018 WO NO. 4 SCHEDULE Task Completion Date 1.0 Draft Full Cost Accounting Report March 15, 2019 1.0 Final Full Cost Accounting Report March 31, 2019 2.1 Recalculation of the Closure Cost Estimates April 1, 2019 2.2 Site Survey February 28, 2019 2.3 Draft Financial Assurance Report June 1, 2019 2.3 Final Financial Assurance Report September 30, 2019 Smith C-1 jj2390_WO No21214