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02/05/2019
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 5, 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 Deacon Wilfred Hart, Friendship Missionary Baptist Church 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Honoring Lee Reid on His Retirement From Indian River County Board of County Commissioners Department of Public Works Facilities Management Division with Seventeen Years of Service Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of November 20, 2018 6.B. Special Call Meeting of November 20, 2018 6.C. Regular Meeting of December 4, 2018 February 5, 2019 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 2019 Election of Planning and Zoning Commission (P&Z) Chairman and Vice Chairman Attachments: Staff Report 7.B. 2019 Election of Code Enforcement Board (CEB) Chairman and Vice Chairman Attachments: Staff Report 7.C. All Aboard Florida Expenses Attachments: Staff Report All Aboard FL Expenses 7.D. Indian River County Venue Event Calendar Review Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments January 11, 2019 to January 17, 2019 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments January 18, 2019 to January 24, 2019 Attachments: Finance Department Staff Report 8.C. Resolution Cancelling Taxes on Oslo Cemetery Property Attachments: Staff Report Resolution 8.D. Assignment and License Agreement for Operation of Middleton's Fish Camp Attachments: Staff Report Assignment and License Agmt - Roy Bass Agreement executed August 22, 1995 Summary of Middleton's Agreements and Amendments 8.E. Release of Retainage for Work Order No. 12 CB&I Coastal Planning and Engineering, Inc. Sector 5 Beach Restoration Project - Design and Permitting Services Attachments: Staff Report CBI-Aptim Invoice No. 432936 -RI -00636 8.F. Award of Bid 2019023 - Annual Bid for Sod Attachments: Staff Report February 5, 2019 Page 2 of 7 8.G. Insurance Broker Contract Extension Attachments: Staff Report Amendment to Agreement 8.H. Indian River County Ballfields Bulk Rental Agreement Template Attachments: Staff Report Sample - Bulk Rental Agreement 8.I. Work Order No. 7, MBV Engineering, Inc., Indian River County Welcome Sign Project, IRC -1816 Attachments: Staff Report MBV Engineering, Inc. Work Order No. 7 8.J. Work Order No. 4 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County Attachments: Staff Report EAI Work Order No. 4 8.K. Authorizing Resolution for County Support of FDOT 82nd Avenue Improvements from 69th Street to CR -510 Project Financial Project No. 230879-2-52-10 Attachments: Staff Report Authorizing Resolution FDOT Hwy MMOA 82nd Ave 69th St to CR -510 8.L. Authorizing Resolution for County Support of FDOT 82nd Avenue Improvements from 26th Street to 69th Street Project Financial Project No. 230879-3-52-10 Attachments: Staff Report Authorizing Resolution FDOT Hwy MMOA 82nd Ave 26th St to 69th St. 8.M. Award of Bid 2019027 - Sandridge Golf Club Maintenance Building Roof Replacement Attachments: Staff Report Sample Agreement 8.N. Award of Bid 2019029 - Demolition of Former Fire Station 7 Attachments: Staff Report 8.0. Designation of Excess Equipment as Surplus Attachments: Staff Report Excess Equipment List for 020519 Agenda February 5, 2019 Page 3 of 7 8.P. Approval of Agreement for Transit Advertising Services between Indian River County and Sunup Advantage, LLC Attachments: Staff Report Agreement for Advertising Services 8.Q. Work Order No. 2018029-2 APTIM Environmental and Infrastructure, Inc. Sector 5 Beach Restoration Project 2019 Pre -Construction Sea Turtle Monitoring Services Attachments: Staff Report APTIM WO No. 2018029-2 8.R. Assignment of License Agreement for Ryall Tract Attachments: Staff Report Assignment of License Agreement 8.S. Notice of Grant Award from FDEP Land and Water Conservation Fund Grant for Public Access Improvements to the Hallstrom Farmstead Conservation Area Agreement Number LW695 Attachments: Staff Report LWCF Award Agreement Implementation LTR 01.22.19 -TB 2017-2018 LWCF Signed Priority List 7.11.18 LW695 Hallstrom Farmstead Grant Agreement scanned pdf Federal Funding Accountability and Transparency Act Form_DEP_55-230 scanned pdf IRC Grant Form 8.T. Osprey Acres Floway and Nature Preserve - Replacement Easement to Florida Power & Light Company Attachments: Staff Report Easement 8.U. Resolution Cancelling Taxes on Lands Deeded to Indian River County by Redevgroup, Inc. for Conservation Attachments: Staff Report Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS February 5, 2019 Page 4 of 7 10.B.1. Request to Speak from Sandra and Chuck Pearson Regarding Neighbors Outdoor Fireplace/Chimney. Ashes and smoke is a health problem, nuisance, and damage to our property. Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services 12.B.1. Signing of Work Order No. 4 for Radio System P25 Migration Project Attachments: Staff Report Work Order No. 4 Work Order No. 4 Quote Work Order No. 4 Attachment A C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. IRC Landscape BMP Educational Packet Presentation Attachments: Staff Report IRC Landscape BMP's Educational Packet G. Utilities Services 12.G.1. Request for Sole Source for Hach Equipment and Supplies Attachments: Staff Report Sole Source Letter 13. COUNTY ATTORNEY MATTERS 13.A. City of Sebastian Fire Marshal Ordinance Attachments: Staff Report Chapter 164 Fire Marshal Resolution February 5, 2019 Page 5 of 7 13.B. Economic Development Council Membership Attachments: Staff Report Draft Resolution - EDC (Healthcare Industry) 13.C. Indian River County et al., v. United States Department of Transportation, et al. Attachments: Staff Report 13.D. Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Attachments: Staff Report Letter of Support and Commitment Reinvestment Grant 2019 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 14.A.1. Seagrass Replacement Project Attachments: Commissioner's Memorandum Seagrass Restoration Project Overview B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of November 20, 2018 15.B.2. Unsolicited Public Private Partnership for Landfill Attachments: Staff Report 15.B.3. Final Pay to CDM Smith for CCNA 2014 Work Order No. 13 - Annual Permit Compliance Monitoring and Reporting Attachments: Staff Report CDM Smith Project Completion Report and Final Invoice C. Environmental Control Board 16. ADJOURNMENT February 5, 2019 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. February 5, 2019 Page 7 of 7 6A PROCLAMATION HONORING LEE REID ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS FACILITIES MANAGEMENT DIVISION WHEREAS, Lee Reid retires from Indian River County Facilities Management Division effective January 31, 2019; and WHEREAS, Lee Reid began his career with Indian River County on November 19, 2001 as a Tradesworker I, and although Mr. Reid held different positions within Indian River County during his career, his heart was in General Services and on May 18, 2007 he transferred back to Facilities Management as a Tradesworker I / Electrician, and served in this capacity until his retirement; and WHEREAS, Lee Reid has served this County and the Public with distinction and selflessness. During his seventeen years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Lee Reid's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last seventeen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 22nd day of January, 2019. 0RIO) BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA cloi_40(2A„: Bob Solari, Chairman t 7 INFORMATIONAL ITEMS FEBRUARY 5, 2019 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 28, 2019 Subject: 2019 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) CHAIRMAN AND VICE CHAIRMAN From: Misty L. Purse!, Commissioner Assistant, District 1 At the January 24, 2019 Planning and Zoning Commission (P&Z) meeting, the members voted to elect Todd Brognano as Chairman and Dr. Jonathan Day as Vice Chairman for 2019. No Board action is required. 2 -7g INFORMATIONAL ITEMS FEBRUARY 5, 2019 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 29, 2019 Subject: 2019 ELECTION OF CODE ENFORCEMENT BOARD (CEB) CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel, Commissioner Assistant, District 1 At the January 28, 2019 Code Enforcement Board (CEB) meeting, the members voted to elect Mr. Bruce Redus as Chairman and Mr. Joseph Petrulak as Vice Chairman for 2019. No Board action is required. 3 7C INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 28, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida. Please see the attached documents for expenses incurred as of 1/28/19. ATTACHED: • All Aboard Fl. expenses through 1/28/19 spreadsheet. 4 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million -Budget amendment to be posted Acct#00110214-033110-15023 Legal Services Legal Services Date Vendor 1/4/2019 Murphy & Walker 12/27/2018 Bryan Cave LLP 12/5/2018 McDermot,Will & Emery LLP 12/3/2018 Bryan Cave LLP Amount Note $9,929.00 Fees for Legal Service -December 2018 $26,535.95 Fees for Legal Service -November 2018 $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 $16,416.20 Fees for Legal Service -October 2018 Subtotal Expenses FY 18/19 $62,881.15 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 Bryan Cave LLP 9/30/2018 Bryan Cave LLP 9/10/2018 Bryan Cave LLP 8/24/2018 McDermot,Will & Emery LLP 8/8/2018 Bryan Cave LLP 7/18/2018 McDermot,Will & Emery LLP 7/17/2018 Bryan Cave LLP 7/2/2018 McDermot,Will & Emery LLP 6/13/2018 Bryan Cave LLP 5/29/2018 McDermot,Will & Emery LLP 5/15/2018 Bryan Cave LLP 5/7/2018 McDermot,Will & Emery LLP 4/9/2018 Bryan Cave LLP 4/9/2018 McDermot,Will & Emery LLP 3/14/2018 Bryan Cave LLP 3/7/2018 McDermot,Will & Emery LLP 2/20/2018 Bryan Cave LLP 2/2/2018 McDermot,Will & Emery LLP 1/17/2018 Bryan Cave LLP 12/19/2017 McDermot,Will & Emery LLP 12/19/2017 McDermot,Will & Emery LLP $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 $72,352.66 Fees for Legal Service -Sept 2018 $60,392.05 Fees for Legal Service -Aug 2018 $109,699.89 Fees for Legal Service -July 2018 $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 $49,360.27 Fees for Legal Service -June 2018 $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 $14,257.36 Fees for Legal Services -May 2018 $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 $30,148.74 Fees for Legal Services -April 2018 $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 $23,853.70 Fees for Legal Services -March 2018 $10,000.00 IRC Legislative•Advocacy Matters- 2/14-27/18 $56,189.09 Fees for Legal Services -Feb 2018 $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb $58,782.89 Fees for Legal Services -Jan 2018 $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan $32,662.90 Fees for Legal Services -Dec 2017 $10,000.00 IRC Legislative Advocacy Matters -Dec $6,358.50 Fees for Legal Services -Nov 2017 $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 Bryan Cave LLP 9/30/2017 Bryan Cave LLP 9/27/2017 Bryan Cave LLP 8/15/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 6/13/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 1/24/2017 Shubin & Bass PAS 1/17/2017 Bryan Cave LLP 1/17/2017 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Shubin & Bass PAS $10,033.78 Fees for Legal Services -Aug & Sept $10,000.00 IRC Legislative Advocacy Matters $2,995.50 Fees for Legal Services -Sept 2017 $1,119.00 Fees for Legal Services -Aug 2017 $13,195.60 Fees for Legal Services -July 2017 $5,893.00 Fees for Legal Services- June 2017 $20,729.17 Fees for Legal Services -May 2017 private activity bonds $1,551.00 Fees for Legal Services- May 2017 $823.50 Fees for Legal Services -April 2017 $2,608.50 Fees for Legal Services -March 2017 $77.02 Fees for Legal Service -March 2017 private activity bonds $3,385.90 Fees for Legal Services -Feb 2017 $375.00 Fees for Legal Services -Feb 2017 private activity bonds $11,097.20 Fees for Legal Services- Jan 2017 $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds $342.50 Fees for Legal Services- Dec 2016 $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds $4,795.00 Fees for Legal Services -Nov 2016 $534.50 Fees for Legal Services -Nov 2016 $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds $1,722.50 Fees for Legal Services -Oct 2016 $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS $5,060.15 Fees for Legal Services -Sept 2016 $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds $20,358.95 Fees for Legal Services -Aug 2016 $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds $28,277.00 Fees for Legal Services -Sept 2016 $22,949.40 Fees for Legal Services -Aug 2016 F:\Budget\AII Aboard FL Expenses 5 Date Vendor 9/28/2016 Shubin & Bass PAS 9/14/2016 Bryan Cave LLP 9/14/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 7/27/2016 Shubin & Bass PAS 7/19/2016 Bryan Cave LLP 7/19/2016 Bryan Cave LLP 6/21/2016 Shubin & Bass PAS 6/14/2016 Bryan Cave LLP 6/14/2016 Bryan Cave LLP 5/24/2016 Shubin & Bass PAS 5/3/2016 Shubin & Bass PAS 4/19/2016 Bryan Cave LLP 4/19/2016 Bryan Cave LLP 4/6/2016 Bryan Cave LLP 4/6/2016 Nabors & Giblin 3/30/2016 Shubin & Bass PAS 3/16/2016 Bryan Cave LLP 3/16/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 12/8/2015 Bryan Cave LLP 12/8/2015 Bryan Cave LLP Amount Note $15,581.00 Fees for Legal Services -July 2016 $14,149.70 Fees for Legal Services -July 2016 $3,457.13 Fees for Legal Services -July 2016- private activity bonds $72,430.59 Fees for Legal Services -June 2016- private activity bonds $1,754.00 Fees for Legal Services -June 2016 $17,550.50 Fees for Legal Services -June 2016 $3,561.50 Fees for Legal Services -May 2016 $9,255.65 Fees for Legal Services -May 2016 -private activity bonds $11,591.49 Fees for Legal Services -May 2016 $27,804.30 Fees for Legal Services -April 2016 $386.10 Fees for Legal Services -April 2016 -private activity bonds $29,983.35 Fees for Legal Services -April 2016 $21,968.25 Fees for Legal Services -March 2016 $19,845.75 Fees for Legal Services -March 2016 $128,696.58 Fees for Legal Services -March 2016 -private activity bonds $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds $150.00 Fees for Legal Services -August 2015 $7,575.75 Fees for Legal Services -Feb 2016 $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds $22,207.65 Fees for Legal Services -Jan 2016 $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds $6,767.90 Fees for Legal Service -Dec 2015 $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds $20,948.09 Fees for Legal Services Nov 2015 $27,303.95 Fees for Legal Services Oct 2015 $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/2/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 6/18/2015 Nabors Giblin & Nickerson PA 5/20/2015 Nabors Giblin & Nickerson PA 05/12/15 Bryan Cave LLP 05/12/15 Bryan Cave LLP 04/20/15 Bryan Cave LLP 3/24/15 Nabors Giblin & Nickerson PA* 2/24/15 Nabors Giblin & Nickerson PA* 12/22/14 Bryan Cave LLP 12/10/14 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds $81,436.99 Fees for Legal Services -Aug 2015 $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds $51,636.09 Fees for Legal Services -July 2015 private activity bonds $6,307.05 Fees for Legal Services -July 2015 $50,710.86 Fees for Legal Services -June 2015 private activity bonds $37,687.25 Fees for Legal Services -June 2015 $178,503.50 Fees for Legal Services -May 2015 private activity bonds $37,048.25 Fees for Legal Services -May 2015 $177,071.70 Fees for Legal Services -April 2015 $28,871.78 Fees for Legal Services -April 2015 private activity bonds ($250.00) Martin county paid 1/2 $500.00 Fees for Legal Services $28,877.05 Fees for Legal Services $145,105.00 Fees for Legal Services $4,107.50 Fees for Legal Services $617.49 IRC 1/3 Portion of Legal Fees $5,593.56 IRC 1/3 Portion of Legal Fees $33,252.60 Fees for Legal Services $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP 9/30/14 Bryan Cave LLP 9/17/14 Bryan Cave LLP $26,975.60 Fees for Legal Services $638.70 Fees for Legal Services $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services 11/27/2018 Scripps 11/21/2018 Gail E. Flinn Other Professional Services $92.40 Legal Advertising $350.00 Transcription Services Subtotal Expenses FY 18/19 $442.40 9/30/2018 Copy Charges 8/30/2018 Florida Dept of Transportation 7/10/2018 Florida Dept of Transportation $32.96 Copies $82.84 Public Records Request -balance $82.84 Public Records Request Subtotal Expenses FY 17/18 $198.64 4/28/2017 Martin County 50% reimbursement 4/18/2017 Triad Railroad Consultants 2/20/2017 Atkins North America,lnc. 1/24/2017 Triad Railroad Consultants 12/1/2016 VB Court Reporters 12/1/2016 Scripps -$3,380.35 50% reimbursement $6,760.69 Expert Witness $1,607.00 Drainage Reports & calculations $13,396.11 $300.00 St Johns Admin Hearing $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 6 F:\Budget\All Aboard FL Expenses Date Vendor 9/30/2016 GK Environmental 9/30/2016 Triad Railroad Consultants 9/30/2016 Atkins North America,lnc. 9/30/2016 Federal Express 8/5/2016 GK Environmental 7/12/2016 Dylan Reingold-travel to Wash DC 6/1/2016 US Legal Support Inc. 5/23/2016 Federal Express 5/11/2016 GK Environmental 4/19/16 GK Environmental 1/26/2016 Federal Express 1/25/2016 VB Court Reporting Amount 55,580.00 $24,758.59 Review AAF 90% & plans $20,782.50 Drainage Reports & calculations 58.18 $2,040.00 $928.37 AAF Hearing 5160.80 AAF Hearing Certified Transcriber 56.10 Shipping $6,000.00 Prelim wetland determination $1,875.00 Prelim wetland determination $6.85 Shipping $417.50 IRC vs Rogoff Note Subtotal Expenses FY 15/16 562,563.89 9/30/2015 Dylan Reingold 9/16/2015 Federal Express 8/25/2015 Railroad Consultant Group. 8/25/2015 Railroad Consultant Group 7/14/2015 Federal Express 7/2/2015 William M Sampson 6/16/2015 Federal Express 6/10/2015 Dylan Reingold-travel to Wash DC 5/12/2015 Treasury of the United States $412.00 Reimburse for case filing $3.92 Shipping 536,053.97 Rail Safety Study $435.00 Rail Safety Study $6.31 Shipping $6,875.00 Rail Crossing Analysis $7.84 Shipping $446.11 Preliminary Hearing $570.00 Public Records Subtotal Expenses FY 14/15 544,810.15 Acct#00110111-034020-15023 Travel 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense 5156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $705.39 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel 5113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando 5111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando 591.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando 5110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 591.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg 5161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner 5167.20 5/1/2018 let Blue -Dylan Reingold 5128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air 9/30/2017 American Airlines 9/30/2017 Jet Blue 9/30/2017 Jet Blue 9/30/2017 Bob Solari -travel to Washington DC Acct#00110214-034020-15023 9/30/2017 Kate Cotner -travel to Washington DC 9/30/2017 Dylan Reingold-travel to Washington DC 6/28/2017 Kate Cotner -Tag Meeting All Travel 5191.80 $193.20 5168.20 $25.00 $869.98 with OMB,Senator & Congressman & FOOT All Travel $768.02 $753.49 $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold 4/6/2016 Aloft Hotel 12/16/2015 Kimberly Graham 12/2/2015 Kate Cotner -FAC Legislative Conference 5106.26 Hearing $109.00 MHG Tallahassee AL P -Dylan Reingold 5901.76 Fed Railway Assoc. Mtg-Washington DC $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando 8/26/2015 Dylan Reingold 8/26/2015 Kate Cotner $271.36 Orlando -Travel -Fl. Dev. Finance Corp $75.26 (55.36) Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 7 F:\Budget\All Aboard FL Expenses Date Vendor Acct#11124319-033190 7/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 11/26/14 CDM Smith Inc 11/21/14 CDM Smith Inc Amount Note Other Professional Services $23,454.00 Work Order 10 EIS $6,973.40 Work Order 13 Noise Monitoring $2,122.50 Work Order 10 EIS $5,605.00 Work Order 10 EIS $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 9/30/14 CDM Smith Inc 8/29/14 CDM Smith Inc 8/08/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring $8,077.00 Work Order 10 EIS $4,135.00 Work Order 10 EIS $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $64,028.94 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total expenses processed as of 1/28/18 $2,995,749.69 Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 $1,047,699.78 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.53 Remaining Balance $983,670.84 8 F:\Budget\AIl Aboard FL Expenses Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 70 Music of Frank Sinatra Free Concert Feb 6 @ North County Library: • 6-7pm Suebonnett Sue Quilter Show Feb 9 @ IRC Fairgrounds: • 9am-4pm Indian River Dog Training Club Feb 9 @ IRC Fairgrounds: • 7am-7pm Pickleball Mini Boot Camp Feb 13 @ iG Center: • Session 1: 1-2:15pm • Session 2: 2:30-3:45pm www.pickleu.com Thunder on the Beach Pow Wow Feb 1,5 @ IRC Fairgrounds: • 3-9:30pm Community Office Hours Event Feb 21 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams 18th Annual Daddy Daughter Dance - Candyland Theme Feb 23 @ iG Center: • 6-8:30pm Rimfire Challenge - Shooting Tournament Feb 23 @ Indian River County Shooting Range: • 9:30am-12:30pm - By Rimfire Challenge Shooting Associates 9 South County Community Meeting Mar 4 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Firefighters' Fair www.firefightersfair.org Mar 8-17 @ IRC Fairgrounds: • For a full schedule of events & tickets go to www.firefightersfair.org. 2nd Annual Youth Sports Summit Mar 16 @ iG Center: • l0am -2pm, Collect info. on IRC Youth Sports for the area. Demos, Prizes & More! A History of The 50's & 60's Concert Mar 20 @ N. County Library: • 2-3pm FREE Concert Community Office Hours Event Mar 21 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams AAUW Senior Expo Mar 28 @ iG Center: • 9am -lpm Rimfire Challenge - Shooting Tournament Mar 30 @ Indian River County Shooting Range: • 9:30am-12:30pm - By Rimfire Challenge Shooting Associates STEAM Fest Mar 30 @ iG Center: • l0am-4pm 10 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 17, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 11, 2019 to January 17, 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 January 11, 2019 to January 17, 2019. 11 TRANS NBR 376857 376858 376859 376860 376861 376862 376863 376864 376865 376866 376867 376868 376869 376870 376871 376872 376873 376874 376875 376876 376877 376878 376879 376880 376881 376882 376883 376884 376885 376886 376887 376888 376889 376890 376891 376892 376893 376894 376895 376896 376897 376898 376899 376900 376901 376902 376903 376904 376905 376906 376907 376908 376909 376910 376911 376912 376913 376914 DATE 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 CHECKS WRITTEN VENDOR PORT CONSOLIDATED INC SUNCOAST WELDING SUPPLIES INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC PERERS ENTERPRISES .INC HENRY SCHEIN INC VERMEER SOUTHEAST VELDE FORD INC SAFETY PRODUCTS INC B G KENN INC GRAINGER KELLY TRACTOR CO GENES AUTO GLASS INC SAFETY KLEEN SYSTEMS INC GRAYBAR ELECTRIC HACH CO SWE INC PATTERSON POPE INC BOUND TREE MEDICAL LLC ECOTECH CONSULTANTS INC BRISTER SIGNS INC BRODART COMPANY EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC DELL MARKETING LP BLAKESLEE SERVICES INC BAKER & TAYLOR INC MIDWEST TAPE LLC MICROMARKETING LLC K & M ELECTRIC SUPPLY CENGAGE LEARNING INC PALM TRUCK CENTERS INC PENWORTHY COMPANY JIMMYS AIR & REFRIGERATION INC GO COASTAL INC SOFTWARE HARDWARE INTEGRATION SUNSHINE SAFETY COUNCIL INC GRACES LANDING LTD LINDSEY GARDENS LTD CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT FERGUSON ENTERPRISES INC NAN MCK.AY AND ASSOCIATES INC FLORIDA GOVERNMENT FINANCE PUBLIX SUPERMARKETS ARTHUR J GALLAGHER RISK MGMT SERV INC MARRIOTT FT LAUDERDALE NORTH WILLIAM KEITH MCCULLY DEANGELO BROTHERS INC GEOSYNTEC CONSULTANTS INC FEDERAL. EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP TREASURE COAST COUNCIL OF LOCAL FLORIDA FIRE CHIEFS ASSOCIATION AMOUNT 9,625.57 32.90 57.60 292.50 499.37 915.09 3,198.00 553.63 777.02 201.78 159.95 3,007.25 3.600.13 100.00 898.09 122.64 4,890.20 325.00 1,109.86 1.247.80 2,663.00 35.00 3,672.72 3,500.00 4,072.01 1,834.99 65.00 65.01 534.35 106.77 187.80 379.37 204.73 543.75 223.30 83.70 656.00 2,475.00 9,098.00 447.00 284.07 2.362.50 3,469.20 2,766.30 5,154.80 224.00 74.00 84.39 2,013.00 209.00 88.75 783.00 4,082.66 21.07 76.46 105.60 200.00 760.00 12 TRANS NBR 376915 376916 376917 376918 376919 376920 376921 376922 376923 376924 376925 376926 376927 376928 376929 376930 376931 376932 376933 376934 376935 376936 376937 376938 376939 376940 376941 376942 376943 376944 376945 376946 376947 376948 376949 376950 376951 376952 376953 376954 376955 376956 376957 376958 376959 376960 376961 376962 376963 376964 376965 376966 376967 376968 376969 376970 376971 376972 376973 376974 DATE 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/I7f2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 VENDOR LITTER GITTER INC NATIONAL RECREATION & PARK ASSOC CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT PUBLIC DEFENDER THOMAS S LOWTHER FUNERAL HOME CORP FLORIDA BLUE FLORIDA BEACH PATROL CHIEFS ASSOC TAYLOR MADE GOLF CO INC BRE-CLEARWATER OWNER LLC GIFFORD YOUTH ACHIEVEMENT CENTER INC CITY OF FELLSMERE PEACE RIVER ELECTRIC COOP INC LANGUAGE LINE SERVICES INC STRUNK FUNERAL HOMES & CREMATORY TOCOMA RUBBER STAMP & MARKING SYSTEM FLORIDA EMERGENCY PREPAREDNESS FLORIDA EMERGENCY PREPAREDNESS TREASURE COAST SPORTS COMMISSION INC BE SAFE SECURITY ALARMS INC EMBASSY SUITES HOTEL ARNOLD AIR CONDITONING INC JOHN BROWN & SONS INC FLORIDA DEPT OF FINANCIAL SERVICES KEEP INDIAN RIVER BEAUTIFUL INC ELXSI INC LELCO FB TALLAHASSEE LLL CAROLINA SOFTWARE INC BRIDGESTONE AMERICAS .INC TREASURE COAST TITLE AGENCY INC ECONOL1 1 L CONTROL PRODUCTS INC ARCADIS U S INC AMERICAN SOCIETY OF COMPOSERS RUSSELL PAYNE INC CELICO PARTNERSHIP FLORIDA DEPT OF JUVENILE JUSTICE BIG BROTHERS AND BIG SISTERS BIG BROTHERS AND BIG SISTERS BENTLEY SYSTEMS INC OTC DIRECT INC COASTAL TECHNOLOGY CORPORATION SOUTHERN JANITOR SUPPLY INC M T CAUSLEY INC OCLC ONLINE COMPUTER LIBRARY CENTER ETR LLC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC SEBASTIAN RIVER AREA CHAMBER OF COMMERCE GERELCOM INC ORCHID ISLAND PROPERTY MGMT II INC D&S ENTERPRISES OF VERO BCH LLC ANDY SOBCZAK HOOVER PUMPING SYSTEMS FLORIDA CATTLEMENS ASSOCIATION BRIAN FREEMAN KWACKS INC PAULA WHIDDON N1COLACE MARKETING INC LAZENBY & ASSOCIATES INC BRENNTAG MID -SOUTH INC AIM 0 UNT 79.25 65.00 3,248.42 1,728.50 4,359.58 425.00 633.10 100.00 332.62 375.00 7,745.44 211.33 290.00 164.39 425.00 57.64 600.00 200.00 7,741.06 209.70 170.19 89.00 8.700.00 11,860.36 4,306.06 264.54 256.08 500.00 1,284.33 53.70 1,035.00 5,526.00 712.00 1,360.63 1,366.67 25.476.00 1.250.00 6,751.46 4,224.00 162.81 19,870.07 1.549.15 20,284.00 1,171.93 222.88 909.04 97,553.83 8,246.89 24,716.05 4,500.00 35.00 37.36 325.80 105.00 16.02 1,585.00 400.00 5,510.56 1,572.29 4,271.'7/ 2 TRANS NBR 376975 376976 376977 376978 376979 376980 376981 376982 376983 376984 376985 376986 376987 376988 376989 376990 376991 376992 376993 376994 376995 376996 376997 376998 376999 377000 377001 377002 377003 377004 377005 377006 377007 377008 377009 377010 377011 377012 377013 377014 377015 377016 377017 377018 377019 377020 377021 377022 377023 377024 377025 377026 377027 377028 377029 377030 377031 377032 377033 377034 DATE 01/17/2019 01/17/2019 01/17/2019 01117/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/20.19 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 VENDOR AMOUNT BIOREM .ENVIRONMENTAL INC 4,348.07 DAILY DOSE CAFE- 280.47 DAILY DOSE CAFE 280.48 TRACKER SOFTWARE CORPORATION 5._131.00 CIT .FINANCE LLC 186.21 TOTALED SOLUTIONS INC 357.00 PROMATIC INC 1.225.00 JOSHUA HARVEY GHIZ 1,038.74 THOMAS C QUINA 450.00 REPROGRAPHIC SOLUTIONS INC 5.40 LOWES HOME CENTERS .INC 1,3 73.84 CARDINAL HEALTH 110 INC 3,805.28 MUNICIPAL EMERGENCY SERVICES INC 1,319.90 BURNETT LIME CO INC 9,522.80 AMERICAN MINORITY BUSINESS FORMS 896.26 PENGUIN RANDOM HOUSE LLC 159.60 CARMEN LEWIS 182.50 STRAIGHT OAK LLC 27.90 CALDWELL PACETTI EDWARDS 815:00 CHEMTRADE CHEMICALS CORP ORTA ION 4,920.17 SAMBA HOLDINGS INC 1,287.33 BERNARD EGAN &COMPANY 161,345.95 PIERCE GOODWIN ALEXANDER & LNVILLE 'INC 11.755.25 NAPIER & ROLLIN PLLC 90.00 DATO CONSTRUCTION INC 7,752.59 SKECHERS USA INC 951.61 COBRA GOLF INCORPORATED 885.08 MICHAEL EDWARD HAMILTON 300.00 SYLI VIA MILLER 2,071.00 HAWKNS INC 1,703.75 RICHARD SZPYRKA 295.00 ANDERSEN ANDRE CONSULTING ENGINEERS INC 10,426.25 SCRIPPS NP OPERATING LLC 735.13 CATHEDRAL CORPORATION 862.91 UN (FIRST CORPORATION 1,323.14 LEAGUE OF AMERICAN WHEELMEN INC 65.00 LATASHA LINDLEY 55.00 GOTTA GO GREEN ENTERPISES INC 167.24 BARSALOU VENTURES LLC 1,927.60 EGP DOCUMENT SOLUTIONS LLC 200.00 NORTH AMERICAN OFFICE SOLUTIONS .INC 75.00 AMERICAN TRAINCO LLC 1.100.00 COVERALL NORTH AMERICA INC 2,015.00 PEOPLE READY INC 23.689.55 WILLIS SPORTS ASSOCIATION INC 2.364.37 COLE AUTO SUPPLY INC 2,162.79 CANON FINANCIAL SERVICES INC 237.91 FLORIDA BULB & BALLAST INC 5,026.20 BOWMAN CONSULTING GROUP LTD 12.607,70 NESTLE WATERS NORTH AMERICA 28.92 ENVIRONMENTAL OPERATING SOLUTION INC 16,147.59 CALVIN GIORDANO & ASSOCIATES INC 11,268.75 LOCKTON COMPANIES 22,375.00 CORE & MAIN LP 18,404.94 ENVIRONMENTAL SCIENCE ASSOCIATES 6,711.32 INDIAN RIVER DOCKS LLC 29,683.39 ICAHN ENTERPRISES HOLDINGS LP 8.656.85 GYRO-TRAC CORPORATION 1.129.92 DIRECTV GROUP INC 26.99 PICKLEBALL UNIVERSITY INC 458.00 3 TRANS NBR DATE VENDOR AMOUNT 377035 01/17/2019 CONCORDANCE HEALTHCARE SOLUTIONS LLC 448.20 377036 01/17/2019 RAMONAMU.RPHY 28.00 377037 01/17/2019 AMAZON CAPITAL SERVICES INC 620.49 377038 01/17/2019 AMAZON CAPITAL SERVICES INC 496.59 377039 01/17/2019 VERONIQUE ORY STURIALE 60.00 377040 01/17/2019 ANNE SACHS 50.00 377041 01/17/2019 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,390.00 377042 01/17/2019 YOFEE LLC 931.00 377043 01/17/2019 ISCO INDUSTRIES INC 4,766.58 377044 01/17/2019 PIRATE PEST CONTROL LLC 14.00 377045 01/17/2019 ALL RITE WATER PURIFICATION INC 34.04 377046 01/17/2019 CALITEN LLC 33.28 377047 01/17/2019 TMG UTILITY ADVISORY SERVICES INC 3,900.00 377048 01/17/2019 AMERICAS PROPANE LP 374.75 377049 01/17/2019 GOLFTNI INC 1,294.50 377050 01/17/2019 KRISTIN .LEIENDECKER 23.94 377051 01/17/2019 VERO'S VOICE LLC 1,000.00 377052 01/17/2019 ITW FOOD EQUIPMENT GROUP LLC 287.00 377053 01/17/2019 MISS B'S LEARNING BEES INC 1,375.24 377054 01/17/2019 DAWN I-IEFLIN 35.00 377055 01/17/2019 ROYAL VIEW PROPERTIES LLC 31.78 377056 01/17/2019 ELIZABETH MILLAN 28.63 377057 01/17/2019 MADELINE LORD 28.24 377058 01/17/2019 MATTHEW JACOVINO 32.49 377059 01/17/2019 RIVER BOAT CLUB PROPERTY OWNERS 7.05 377060 01/17/2019 MICHAEL COLLINS 5.99 377061 01/17/2019 STAYBRIDGE SUITES BY ST PETERSBURG DOWNTOW 239.00 377062 01/17/2019 MAYAN HOTEL LLC 117.00 377063 01/17/2019 MAYAN HOTEL LLC 117.00 377064 01/17/2019 MAYAN HOTEL LLC 117.00 Grand Total: 807,025.06 4 TRANS. NBR 1014390 1014391 1014392 1014393 1014394 1014395 1014396 1014397 1014398 1014399 1014400 1014401 1014402 1014403 1014404 1014405 1014406 1014407 1014408 1014409 1014410 1014411 1014412 1014413 1014414 1014415 1014416 1014417 1014418 1014419 1014420 1014421 1014422 1014423 1014424 1014425 1014426 1014427 1014428 1014429 1014430 1014431 1014432 1014433 1014434 1014435 1014436 1014437 1014438 1014439 1014440 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/14/2019 01/15/2019 01/15/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/17/2019 01/172019 01/17/2019 01/17/2019 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST BRIDGESTONE GOLF INC WHEELABRATOR RIDGE ENERGY .INC INDIAN RIVER OXYGEN INC RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC SOUTHERN COMPUTER WAREHOUSE INC TOTAL TRUCK PARTS INC PRIDE ENTERPRISES STRYKER SALES CORP SHRIEVE CHEMICAL CO METRO FIRE PROTECTION SERVICES INC L&L DISTRIBUTORS NEXAIR LLC PACE ANYALYTICAL LLC AT&T COMCAST NORTH SOUTH SUPPLY INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC AMERICAN CONCRETE INDUSTRIES INC MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES APPLE INDUSTRIAL SUPPLY CO GALLS LLC MEEKS PLUMBING INC ALLIED UNIVERSAL CORP THE EXPEDITER GROVE WELDERS INC FIRST HOSPITAL LABORATORIES INC THYSSENKRUPP ELEVATOR DLT SOLUTIONS LLC APPLE MACHINE & SUPPLY CO DUNKELBERGER ENGINEERING & TESTING PERKINS INDIAN RIVER PHARMACY COMPLETE ELECTRIC INC RECHTIEN INTERNATIONAL TRUCKS HARCROS CHEMICALS, INC. CUMMINS INC METRO FIRE PROTECTION SERVICES INC PROTRANSMASTERS II INC AUTO PARTNERS LLC L&L DISTRIBUTORS ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 34.48 637.53 508.66 99.95 1,056.00 6,887.55 85.00 11,032.84 410.00 45.56 170.40 377:71 749.63 8,174.36 439.35 1,589.04 812.56 216.00 2,247.54 128.78 252.28 658.82 1,045.60 291.45 685.00 675.00 231.50 9.63 254.86 278.00 7,433.65 156.08 176.64 387.00 750.00 5,924.82 873.54 6,524.50 4.03 95.00 302.50 3,468.34 3,702.64 150.00 734.23 341.38 495.34 3,500.00 737.50 28.37 148.00 76,018.64 1 TRANS NBR 6476 6477 6478 6479 6480 6481 6482 6483 6484 6485 6486 6487 6488 6489 6490 6491 6492 6493 6494 6495 6496 6497 6498 6499 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/11/2019 01/14/2019 01/14/2019 0I/14/201,9 01/15/2019 01/15/2019 01/15/2019 01/15/2019 01/15/2019 0I/15/2019 01/16/2019 01/16/2019 VENDOR KIMLEY HORN & ASSOC INC IRC FIRE FIGHTERS ASSOC FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT' INC WRIGHT EXPRESS FSC C E R SIGNATURE CLEANING CERES ENVIRONMENTAL SERVICES TOTAL ADMINISTRATIVE SERVICES CORP RX BENEFITS INC MUTUAL OF OMAHA IRS -PAYROLL TAXES FL SDU I R C HEALTH INSURANCE - TRUST BLUE CROSS & BLUE SHIELD OF FLORIDA INC HIGHMARK STOP LOSS CHARD SNYDER &..ASSOCIATES INC MUTUAL OF OMAHA INDIAN RIVER COUNTY SHERIFF CHARD SNYDER & ASSOCIATES INC IRS -PAYROLL TAXES AMOUNT 12,503.39 9,909.64 3,142.67 582.53 19,676.69 2,263.23 56,295.61 5,185.34 20,780.28 3,680.00 116,710.00 11,941.93 2.597.75 7,300.77 510,406.26 6,058.63 82.154.73 11,550.00 7,338.87 92.00 2,509.50 4,301.34 624.00 8,957.75 906,562.91 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, F'L 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 24, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 18, 2019 to January 24, 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 ofJanuary 18, 2019 to January 24, 2019. 18 TRANS NBR 377065 377066 377067 377068 377069 377070 377071 377072 377073 377074 377075 377076 377077 377078 377079 377080 377081 377082 377083 377084 377085 377086 377087 377088 377089 377090 377091 377092 377093 377094 377095 377096 377097 377098 377099 377100 377101 377102 377103 377104 377105 377106 377107 377108 377109 377110 377111 377112 377113 377114 377115 377116 377117 377118 377119 377120 377121 377122 DATE 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 CHECKS WRITTEN VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS. UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 42.88 37.15 55.16 9.26 38.07 75.96 100.00 50.00 15.86 73.39 377.43 80.34 50.00 50.40 40.19 62.86 22.13 46.88 75.16 73.58 10.93 77.53 39.86 33.01 41.61 42.74 1.23 71.18 52.76 100.79 63.65 50.91 146.62 20.28 52.70 40.73 370.84 42.46 30.24 17.56 18.12 58.35 61.26 43.12 55.06 37.56 32.04 73.11. 80.69 32.04 47.35 26.24 34.64 46.30 35.23 147.16 37.27 38.63 1 TRANS N'BR 377123 377124 377125 377126 377127 377128 377129 377130 377131 377132 377133 377134 377135 377136 377137 377138 377139 377140 377141 377142 377143 377144 377145 377146 377147 377148 377149 377150 377151 377152 377153 377154 377155 377156 377157 377158 377159 377160 377161 377162 377163 377164 377165 377166 377167 377168 377169 377170 377171 377172 377173 377174 377175 377176 377177 377178 377179 377180 377181 377182 DATE 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTILREFUNDS UTIL REFUNDS MIL REFUNDS UTIL REFUNDS UTLL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS U-rn, REFUNDS UTIL .REFUNDS UTIL REFUNDS UTI L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTLL REFUNDS UTIL REFUNDS UTILREFUNDS UTIL REFUNDS UTIL REFUNDS UTLL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTI L REFUNDS UTIL REFUNDS PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC R1COH USA INC KIMLEY HORN & ASSOC INC HENRY SCHEiN INC AT&T WIRELESS DATA FLOW SYSTEMS INC DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER SAFETY,KLEEN SYSTEMS INC VERO MARINE CENTER INC REPUBLIC SERVICES INC W1:LD LAND ENTERPRISES INC CLIFF BERRY INC BOUND TREE MEDICAL LLC VERO INDUSTRIAL SUPPLY INC TI'RESOLES OF BROWARD INC CITY ELECTRIC SUPPLY BAKER & TAYLOR INC AMOUNT 80.29 16.27 156.80 30.46 51.10 22.04 42.88 183.05 11.77 88.57 72.64 6.80 90.49 52.06 33.21 22.31 208.43 78.48 39.86 30.56 73.11 17.82 38.07 76.03 33.14 40.96 17.96 53.58 67.74 4.55 63.10 39.72 75.32 39.86 19.29 31.12 38.05 855.59 364.50 2,132.72 855.55 578.70 103.51 861.62 379.20 1.702.43 835.00 710.58 26.45 1,784.97 335.39 8.01 452,353.58 41.96 395.50 2,963.24 128.49 1.182.50 33.98 9.65 20 TRANS NBR 377183 377184 377185 377186 377187 377188 377189 377190 377191 377192 377193 377194 377195 377196 377197 377198 377199 377200 377201 377202 377203 377204 377205 377206 377207 377208 377209 377210 377211 377212 377213 377214 377215 377216 377217 377218 377219 377220 377221 377222 377223 377224 377225 377226 377227 377228 377229 377230 377231 377232 377233 377234 377235 377236 377237 377238 377239 377240 377241 377242 DATE 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/20]9 01/24/2019 0]/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 VENDOR AMOUNT BAKER & TAYLOR INC 4.781.77 BRANDTS APPLIANCE SERVICE INC 497.41 MIDWEST TAPE LLC 513.33 ME 1 1'LER TOLEDO INC 2,164.93 MICROMARKETING LLC 17.99 BAKER DISTRIBUTING CO LLC 197.04 PENWORTHY COMPANY 300.01 JIMMYS AIR & REFRIGERATION INC 275.00 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 LINDSEY GARDENS LTD 436.00 RIVER PARK ASSOCIATES LIMITED 28.00 CREATIVE CHOICE HOMES XVI LTD 472.00 CREATIVE CHOICE HOMES XVI LTD 397.00 CLERK OF CIRCUIT COURT 708.85 INDI_AN RIVER COUNTY HEALTH DEPT 21,968.99 CITY OF VERO BEACH 29,922.38 UNITED WAY OF INDIAN RIVER COUNTY 866.00 EBSCO INDUSTRIES INC 15,020.00 NAN MCKAY AND ASSOCIATES INC 150.00 FLORIDA GOVERNMENT FINANCE 35.00 FLORIDA GOVERNMENT FINANCE 18.00 TREASURE COAST HOMELESS SERVICES 3,817.50 PUBLIX SUPERMARKETS 85.74 PUBLIX SUPERMARKETS 9.19 ARTHUR 1 GALLAGHER RISK MGMT SERV INC 210.00 FLORIDA DEPT OF AGRICULTURE AND 255.00 ACUSHNET COMPANY 2,973.75 FEDERAL EXPRESS CORP 87.18 FEDERAL EXPRESS CORP 171.99 LIBERTY FLAGS INC 735.00 CITY OF SEBASTIAN 23,141.11 TIMOTHY ROSE CONTRACTING INC 108,424.35 VERO HERITAGE INC 5,683.05 CALLAWAY GOLF SALES COMPANY 12,561.15 FLORIDA POWER AND LIGHT 69,781.36 FLORIDA POWER AND LIGHT 1,873.96 BRE-CLEARWATER OWNER LLC 745.00 BRE-CLEARWATER OWNER LLC 745.00 STATE ATTORNEY 30,754.51 CITY OF FELLSMERE 71.76 NEW HORIZONS OF THE TREASURE COAST 25,881.33 KENNETH CAMPBELL SENIOR 70.00 STRUNK FUNERAL HOMES &. CREMATORY 425.00 THE ROOF AUTHORITY 75,379.08 FLORIDA UC FUND 1,213.68 GREY HOUSE PUBLISHING 1,967.75 INDIAN RIVER FARMS WATERCNTRLDIST 2,178.75 ARNOLD AIR CONDITONING INC 89.00 INDIAN RIVER COUNTY HISTORICAL 2,256.72 MUSCO SPORTS LIGHTING LLC 2,795.00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 54.00 KEEP INDIAN RIVER BEAUTIFUL INC 4.831.99 INTERNATIONAL CODE COUNCIL INC 49.75 PINNACLE GROVE LTD 440.00 NICOLE MENTOR 62.86 FLORIDA ASSOC OF CODE ENFORCEMENT 35.00 ARCADIS U S INC 71,822.08 THE PALMS AT VERO BEACH 1,007.00 MICHAEL QUIGLEY 80.00 FLORIDA SECTION IMSA 880.00 3 TRAINS NBR 377243 377244 377245 377246 377247 377248 377249 377250 377251 377252 377253 377254 377255 377256 377257 377258 377259 377260 377261 377262 377263 377264 377265 377266 377267 377268 377269 377270 377271 377272 377273 377274 377275 377276 377277 377278 377279 377280 37/281 377282 377283 377284 377285 377286 377287 377288 377289 377290 377291 377292 377293 377294 377295 377296 377297 377298 377299 377300 377301 377302 DATE 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 VENDOR RUSSELL PAYNE INC TRANE US INC ROWMAN & LITTLEFIELD CELICO PARTNERSHIP CINTAS CORPORATION NO 2 AARON LEVY ELECTRONIC ACCESS SPECIALIST FLORIDA RURAL LEGAL SERVICES INC THE SHERWIN WILLIAMS CO SOUTHERN JANITOR SUPPLY INC CENTRAL PUMP & SUPPLY INC MASTELLER & MOLER INC ETR LLC STAPLES CONTRACT & COMMERCIAL INC PELICAN ISLES LP ARPHAX PUBLISHING CO NEW ENGLAND HISTORIC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT FLORIDA SUPERIOR SANT) INC NORTH CAROLINA CHILD SUPPORT JOHNNY B SMITH DANE MACDONALD MADESSIA FLOWERS TREASURE COAST FOOD BANK INC KWACKS INC NICOLACE MARKETING INC HMA-SOLANTIC JOINT VENTURE LLC BRENNTAG MID -SOUTH INC ATLANTIC COASTAL LAND TITLE CO LLC ECMC OVERDRIVE INC ELITE TENT COMPANY BERMUDA SANDS APPAREL LLC AUTOMATIONDIRECT.COM INC PROMATIC INC PRESSURE WORLD INC GFA INTERNATIONAL INC NEWSOM OIL COMPANY EXCHANGE CLUB OF VERO BEACH REHMANN GROUP LLC LOWES HOME CENTERS INC CARDINAL HEALTH 110 INC MUNICIPAL EMERGENCY SERVICES INC BURNETT LIME CO INC ATLANTIC ROOFING II OF VERO BEACH INC TREASURE COAST TURF INC W&G MAINTENANCE CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC BIRCHWOOD CASEY LLC DEBORAH CUEVAS SUSAN ADAMS FAMILY SUPPORT REGISTRY REI ENGINEERS INC BERNARD EGAN & COMPANY ARROW INTERNATIONAL AA4OUNT 691.96 2,280.00 131.61 812.31 214.73 50.00 693.51 3.668.36 37.72 51.66 121.47 47,408.00 85.81 1,903.82 300.00 575.00 200.00 33,432.86 302.80 306.90 171.24 1,017.27 105.69 140.00 80.00 80.00 124.71 17,458.08 9,158.19 135.00 3,881.31 255.00 289.25 5,051.82 200.00 111.80 74.00 2,438.43 2,870.76 7,416.36 727.93 200.00 40,000.00 2,201.72 112.82 1,254.80 3,166.80 52,996.79 595.00 9,433.30 291.50 261.25 455.00 5,098.00 120.00 260.38 9.66 8.435.00 3.745.02 1.115.50 4 TRANS NBR DATE VENDOR AMOUNT 377303 01/24/2019 FOUNDATION FOR AFFORDABLE RENTAL 297.00 377304 01/24/2019 COBRA GOLF INCORPORATED 748.36 377305 01/24/2019 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 377306 01/2412019 HAWKINS INC 432.10 377307 01/24/2019 THE TRANSIT GROUP INC 1,034.75 377308 01/24/2019 ANDERSEN ANDRE CONSULTING ENGINEERS 'INC 3,045.00 377309 01/24/2019 SCRIPPS NP OPERATING LLC 988.71 377310 01/24/2019 A+ PLUMBING SERVICES INC 79.00 377311 01/24/2019 A & SW CONSULTANTS INC 250.00 377312 01/24/2019 UNIFI.RST CORPORATION 1,531.50 377313 01/24/2019 JOHNSON-DAVIS INCORPORATED 21.294.27 377314 01/24/2019 SONRISE VILLAS 11 LLC 228.00 377315 01124/2019 FASTCASE INC 1.890.00 377316 01/24/2019 GOTTA GO GREEN ENTERPISES .INC 103.00 377317 01/24/2019 ADVANCE STORES COMPANY INCORPORATED 129.12 377318 01/24/2019 PATRIOT PRODUCTIONS LLC 250.00 377319 01/24/2019 EGP DOCUMENT SOLUTIONS LLC 1,427.13 377320 01/24/2019 WURTH USA INC 353.31 37732.1 01/24/2019 FLORIDA EAST COAST HOLDINGS CORP 5,860.00 377322 01/24/2019 FLORIDA EAST COAST HOLDINGS CORP 29,104.88 377323 01/24/2019 EZLINKS GOLF LLC 300.00 377324 01/24/2019 COLTON PARKER 140.00 377325 01/24/2019 BLACK. CLOVER ENTERPRISES LLC 541.88 377326 01/24/2019 LEONARD ZANCA 155.35 377327 01/24/2019 PEOPLE READY INC 7,169.75 377328 01/24/2019 LINK SOUL LLC 790.71 377329 01/24/2019 CREATIVE EMPIRE LLC 5,582.50 377330 01/24/2019 COLE AUTO SUPPLY INC 879.86 377331 01/24/2019 KONICAMINOLTABUSINESS SOLUTIONS 37.64 377332 01/24/2019 NORTH CAROLINA DEPARTMENT OF REVENUE 107.22 377333 01/24/2019 BETH NOLAN 80.00 377334 01/24/2019 DAY DREAMS UNIFORMS INC 3,008.56 377335 01/24/2019 THOMAS RPILIERO 40.00 377336 01/24/2019 TOTAL ADMINISTRATIVE SERVICES CORP 811.72 377337 01/24/2019 APTIM COASTAL PLANNING & ENGINEERING INC 3,996.72 377338 01/24/2019 STUART RUBBER STAMP & SIGN CO INC 230.44 377339 01/24/2019 CORE & MAIN LP 4,207.96 377340 01/24/2019 BROWNELLS INC 11,576.25 377341 01/24/2019 WOERNERAGRIBUSINESS LLC 420.00 377342 01/24/2019 DJD EQUIPMENT 1 -HOLDINGS LLC 230,077.00 377343 01/24/2019 REX EL USA INC 9,743.93 377344 01/24/2019 THERNELLMILLS 80.00 377345 01/24/2019 ESCAL INSTITUTE OF ADVANCED TECHNOLOGIES 12,520.00 377346 01/24/2019 DRACAY MANAGEMENT INC 14,178.00 377347 01/24/2019 LAURA YONKERS 248.75 377348 01/24/2019 BEST VERSION MEDIA LLC 244.00 377349 01/24/2019 APT1.M ENVIRONMENTAL & INFRASTRUTURE INC 36,063.12 377350 01/24/2019 EMPIRE PIPE ORLANDO LLC 180,051.00 377351 01/24/2019 Al ASSETS INC 2,985.20 377352 01/24/2019 VIKING LANDSCAPING LLC 7,500.00 377353 01/24/2019 AMERICAN JANITO.RIAL,INC 3,050.74 377354 01/24/2019 CONCORDANCE HEALTHCARE SOLUTIONS LLC 1,041.60 377355 01/24/2019 STACEY WILLIAMS 20.00 377356 01/24/2019 RAMONAMURPHY 38.50 377357 01/24/2019 MLG GOLF INC 200.00 377358 01/24/2019 AMAZON CAPITAL SERVICES INC 952.44 377359 01/24/2019 HYDRO CONDUIT LLC 16,817.60 377360 01/24/2019 VERONIQUE ORY STUR.IALE 60.00 377361 01/24/2019 W&J CONSTRUCTION CORP 202.214.79 377362 01/24/2019 PIRATE PEST CONTROL LLC 965.00 5 TRANS NBR 377363 377364 377365 377366 377367 377368 377369 377370 377371 377372 377373 377374 377375 377376 377377 377378 377379 377380 377381 377382 377383 377384 377385 377386 377387 377388 377389 377390 377391 377392 377393 377394 377395 377396 377397 377398 377399 377400 377401 Grand Total: DATE 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 VENDOR ALL RITE WATER -PURIFICATION INC COMMONWEALTH OF MASSACHUSETTS AMERIGAS PROPANE LP GOLFTNI INC KRISTIN LEIEA'DECKER KANSAS PAYMENT CENTER SEAN MC FARLAND DAVID MIKE FLORIDA IRRIGATION SUPPLY INC ITW FOOD EQUIPMENT GROUP LLC DIGITAL GOLF TECHNOLOGIES INC JORDAN POWER EQUIPMENT CORP COMMUNICATIONS CONVEYOR CO INC KATHERINE W GOMEZ- DONALD & ALECIA CANNON AMERICAS BEST VALUE INN - LAKE CITY AMERICAS BEST VALUE INN - LAKE CITY UTIL REFUNDS UTIL REFUNDS UTI L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTI I. REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTI L REFUNDS UTIL REFUNDS UTIL REFUNDS U77L REFUNDS UTIL REFUNDS UTIL 'REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 46.54 154.00 311.99 85.00 88.75 219.69 178.02 60.00 4,709.25 350.50 356.00 845.51 1,325.12 73.58 500.00 64.00 64.00 59.64 45.46 21.16 62.49 19.26 67.61 52.93 25.67 86.06 89.37 100.00 49.34 77.80 87.27 7.12 55.18 6.21 44.24 40.68 17.90 7.02 12.45 2,120,598.47 6 TRANS. NI3R 1014441 1014442 1014443 1014444 1014445 1014446 1014447 1014448 1014449 1014450 1014451 1014452 1014453 101.4454 1014455 1014456 1014457 1014458 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24/2019 01/24,2019 01/24/2019 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC COMCA ST POLYDYNE INC COLD AIR DISTRIBUTORS WAREHOUSE SUB AQUATICS INC INDIAN RIVER BA1TERY 'INDIAN RIVER OXYGEN INC DEMCO INC GALLS LLC IRRIGATION CONSULTANTS UNLIM1T.ED INC FIRST HOSPITAL LABORATORIES INC COMO OIL COMPANY OF 'FLORIDA CONSOLIDATED ELECTRICAL DISTRIBUTORS INC WRIGHT FASTENER COMPANY LLC HORIZON DISTRIBUTORS INC GUARDIAN ALARM OF FLORIDA LLC EFE INC AMOUNT 1,069.01 1,327.55 258.70 2,576.00 258.47 391.35 314:35 3.686.00 2,146.32 509.65 207.78 1,257.75 40.00 73.03 539.00 890.00 2,76735 382.96 18,695.67 25 TRANS NBR 6500 6501 6502 6503 6504 6505 6506 6507 6508 6509 6510 6511 6512 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/18/2019 01/22/2019 01/22/2019 01/22/2019 01/23/2019 VENDOR KIMLEY HORN & ASSOC INC RUSSELL PAYNE INC CULTURAL COUNCIL OF IRC SENIOR RESOURCE ASSOCIATION VEROTOWN LLC THALLE CONSTRUCTION CO INC WEST HEALTH ADVOCATE SOLUTIONS INC TOWN OF INDIAN RIVER SHORES SCHOOL DISTRICT OF I R COUNTY 1 R C HEALTH INSURANCE - TRUST BLUE CROSS & BLUE SHIELD OF FLORIDA INC HIGHMARK STOP LOSS RX BENEFITS INC AMOUNT 1,650.07 71,978.07 3,853.00 307,445.19 2,786.84 424,996.20 2,956.80 5,957.03 138,530.00 3,327.92 200.00 127.08 247,250.86 1:211,059.06 1 CONSENT: 2/5/2019 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 Attome DATE: January 22, 2019 SUBJECT: Resolution Cancelling Taxes on Oslo Cemetery Property A parcel of property known as Oslo Cemetery, consisting of approximately 1.17 acres in size, has been gifted to Indian River County by Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc. (unincorporated) for the burial of deceased persons whose families have relatives buried at the property. A resolution is presented for the purpose of cancelling any delinquent or current taxes which may exist on the property. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the Oslo Cemetery property, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 27 gifting of Oslo Cemetery from Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc., unincorporated RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens_ for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, .such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 28 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands known as Oslo Cemetery, which were gifted by Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc., unincorporated, for burial of deceased persons whose families have relatives buried at the Oslo Cemetery, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Quit -Claim Deed describing lands, recorded in O.R. Book 3172 at Page 2415, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 29 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of February, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM AND LEGAL SUFFICIENCY 6 YLAN REINGOLD COUNTY ATTORNEY 3 30 3120180077038 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3172 PC:2415,-12/26/2018 2:34-PM-D-DOCTAX PD 50.70-- - . vv,. 1wnt v•fau pncNaIav vy and should be retumed to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 EXHIBIB � QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of December, 2018, by Michael W. Gregory, MD, individually, dba Oslo Cemetery, Inc., unincorporated, whose mailing address is 6670 East Indian Bend Road, Paradise Valley, Arizona 85253, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Grantee, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. WITNESSETH: As a gift, Grantor quit -claims unto Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to -wit: See Exhibit "A" IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed in he pres- of: sign: printed name: sign: 0,3 Y31.4'gkeOP printed name: lanai STATE OF kr •-c-dr COUNTY OF tikr..42..R r �. By: Michael W. Gregory, MD., individually, d/b/a Oslo Cemetery, Inc., unincorporated The foregoing instrument was acknowledged before me this 17 day of December, 2018, by Michael W. Gregory, MD., individually, d/b/a Oslo Cemetery, Inc., unincorporated. He is personally known to me or who has produced (driver's license or passport) as identification. 1 NOTARY PUBLIC sig pri ed n - me: Co mi ion No.: Commission Expiration: ivt44.18 at) 31 BK: ' 3172 PG: 2416 ACCEPTANCE ATTEST: Jeffrey R. Smith, Clerk of Circuit Court & Comptroller Bv: Deputy CI APPROVED AS TO FORM AND LEGAL SUFFICIENCY INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: lat-e Bob Solari, Chairman Board of County Commissioners DYLAN REINGOLD COUNTY ATTORNEY 2 BCC approved: December 18, 2018 32 BK: 3172 PG: 2417 Exhibit A Property hereby conveyed (the "Real Property") is described as follows: A parcel of land lying in Section 24, Township 33 South, Range 39 East, Indian River County, Florida, described as follows: That certain parcel of land bounded on the East by the Westerly right of way line of Old Dixie Highway, on the North by the Southerly right ofway line of Third Street, S.W., on the West by the Easterly right of way line of Sixth Avenue, S.W., and on the South by the following described property: From the Northwest comer of the Southeast quarter of the Northeast quarter of Section 24 in Township 33 South ofRange 39 East, run South 210 feet to the Point of Beginning; thence run East 389 feet, more or less, to the centerline of Old Dixie Highway; thence run South along the centerline of Old Dixie Highway 113 feet to a point; thence run West 429 feet to the West line of said Southeast quarter of said Northeast quarter, and thence run North 108 feet to the Point of Beginning; LESS, however, beginning at the Northeast comer ofthe previously describ ed parcel ofland; thence N 89" 33' 13" W. along theNordi line of said parcel, a distance of 133.11 feet; thence N 69° 07' 47" E, a distance of 124.00 feet to a point on the aforementioned Westerly right of way line of Old Dixie Highway; thence S 20 ° 52' 13" E, along said right of way line, a distance of 48.39 feet to the Point of Beginning. THE PROPERTY BEING CONVEYED HEREIN IS NOTANDNEVERHAS BEEN THE HOMESTEAD PROPERTY OF TIM GRANTOR. Page 1of1 33 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting February 5, 2019 Date: January 25, 2019 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Assignment and License Agreement for Operation of Middleton's Fish Camp BACKGROUND On October 10, 1979, the County entered into an agreement with Joneal Middleton to manage and maintain Middleton's Fish Camp Park at Blue Cypress Lake (the "Agreement"). Following a series of amendments to renew, restate, and update the Agreement, Joneal's wife, Jeanne Middleton was added as a party to the Agreement on December 2, 2008. Joneal Middleton passed away in 2014. Jeannie Middleton now desires to assign the current Agreement as amended to Roy Bass. The current Agreement may be assigned or transferred only with the approval of the County Commission. Roy Bass resided with the Middleton's at the age of 14, and has served the Fish Camp operation for 40 years. Most recently, Ms. Middleton has authorized Mr. Bass to oversee the daily obligations under the Agreement. DESCRIPTIONS AND CONDITIONS: The Park is 23 acres in size and includes improvements consisting of bathroom facilities, bait shop, boat launch, parking lots, picnic tables, grills, rustic camping sites and a utility lift station among other amenities. The Park is a popular destination for fishing, boating, camping, birdwatching and other active and passive recreational activities. Since 1979, Joneal "Joe" and H. Jean "Jeanne" Middleton have been the caretakers of the Park under a series of agreements and amendments with the County and have operated the bait shop and rented boats for fishing or sightseeing. A summary table of the agreement dates and renewals is attached. Roy Bass has purchased the bait shop and pontoon boat inventory from Jeanne Middleton and is now desirous of formally accepting the assignment with the benefits and duties contained in the Agreement and Amendments thereto together with those contained in the attached License Agreement with the County. Under the Agreement, Roy Bass would accept the assignment of the Agreement dated January 2, 1995, and the Amendments thereto. The County would grant to Roy Bass a revocable license to use and occupy the real property and improvements described on Exhibit A attached to the License Agreement, Specifically, Roy Bass is authorized to use and occupy the bait shop and surrounding property containing the bait and minnow tanks solely as a bait shop/convenience store/office, and for no other purposes. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@400EBDOB\@BCL@400EBDOB.doc 34 The Agreement shall take effect on the date approved by the Board of County Commissioners and shall expire on September 1, 2025. This Agreement shall be extended upon mutually agreeable terms, automatically for an additional five (5) years, unless one party notifies the other party in writing of its intent to not renew at least ninety (90) days prior to the expiration of this Agreement. Roy Bass has agreed to be responsible for supervising all activities taking place at the Park with full authority to enforce the rules and regulations of the park. Roy Bass shall contact the Sheriffs Department as needed to enforce park rules, eject visitors, issue trespass warnings or deny entry to the Park and shall ensure compliance with all applicable County ordinances regulating Park activities. FUNDING: No Funding is required to approve this Agreement. RECOMMENDATION: Staff respectfully recommends that the Board approve the Assignment and License Agreement and authorize the Chairman to sign. ATTACHMENT: 1. Assignment and License Agreement with Exhibit A 2. Agreement executed August 22, 1995 3. Summary of Middleton's Agreements and Amendments DISTRIBUTION: Kevin Kirwin, Director — Parks & Conservation Resources Roy Bass, Roy Bass Middleton's Fish Camp, LLC APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@400EBDOB\@BCL@400EBDOB.doc 35 ASSIGNMENT AND LICENSE AGREEMENT THIS Assignment and License Agreement (Agreement) is entered into as of this day of February, 2019, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street; Vero Beach, FL 32960 ("County"), and Roy Bass Middleton's Fish Camp, LLC, (Roy Bass) 6595 58th Avenue, /ero Beach, FL 32967 Witnesseth That: WHEREAS, the County is the owner of the parcel of land known as Middleton's Blue Cypress Lake Park located at 7400 Blue Cypress Lake Road, Vero Beach, Florida, 32966; and WHEREAS, the Park is 23 acres in size and includes improvements consisting of bathroom facilities, bait shop, boat launch, parking lots, picnic tables, grills, rustic camping sites and a utility lift station among other amenities; and WHEREAS, the Park is a popular destination for fishing, boating, camping, birdwatching and other active and passive recreational activities; and WHEREAS, since 1979, Joneal "Joe" and H. Jean "Jeanne" Middleton have been the caretakers of the Park under a series of agreements and amendments with the County and have operated the bait shop and rented boats for fishing or sightseeing; and WHEREAS, Joe Middleton passed away in 2014 and Jeannie desires to assign the current Agreement and the Amendments thereto to Roy Bass; and WHEREAS, Roy Bass is desirous of accepting the assignment with the benefits and duties contained in the Agreement and Amendments thereto together with those contained in this document. NOW, THEREFORE, for in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. Assignment and License. Roy Bass hereby accepts the assignment of the Agreement dated August 22, 1995, and the Amendments thereto. The County hereby grants to Roy Bass a revocable license to use and occupy the real property and improvements described on Exhibit A attached hereto, which property and improvements generally include a 23 acre park, a bait shop, restrooms and a and utility shed - 1 36 (collectively "Licensed Property"). Specifically, Roy Bass is authorized to use and occupy the bait shop and surrounding property containing the bait and minnow tanks solely as a bait shop/convenience store/office, and for no other purposes. a. The lawn mower, weed eater and blower belonging to the County are not included in this Agreement b. The water treatment system owned by the County and serviced by All -Rite Water is not included in this Agreement. The County shall continue to pay for the cost of water treatment service by All -Rite Water. 2. Term of Agreement. This Agreement shall take effect on the date approved by the Board of County commissioners and shall expire on September 1, 2025. This Agreement shall be extended upon mutually agreeable terms, automatically for an additional five (5) years, unless one party notifies the other party in writing of its intent to not renew at least ninety (90) days prior to the expiration of this Agreement. 3. Supervision of the Park Property. Roy Bass shall be responsible for supervising all activities taking place at the Park with full authority to enforce the rules and regulations of the park. Roy Bass shall contact the Sheriffs Department as needed to enforce park rules, eject visitors, issue trespass warnings or deny entry to the Park. 4. License Fee. Provided Roy Bass performs all terms and conditions of this License Agreement, Roy Bass shall not be required to pay a license fee. 5. Presence at the Park. Roy Bass shall be on site at the Park for at least 8 hours per day: for four days from the months of May through September and at least 5 days per week from October to April. 6. Duties of Roy Bass. Roy Bass shall have the following duties and responsibilities: a. Keep park premises clean and free of all debris and trash. b. Mow grass in park with own equipment. c. Maintain restroom facilities in a clean and working condition. d. Supply paper towels, toilet tissue, hand soap and needed cleaning supplies to the restrooms. e. Check all campers in and out of the park and collect the appropriate fees, if any. f. Maintain records of all campers (and fees, if any) and submit the information monthly to the Parks Division Superintendent. g. Maintain the bait shop and stock it with drinks, snacks, live and artificial baits. h. Pay for the trash removal, monthly sewer and electric utility bills for the bait shop, parking lot lights and restrooms. 2 37 i. Perform day to day repairs and maintenance on restrooms and bait shop. j. Commit no act or omission which would result in waste, damage or destruction to any portion of the Park. k. Commit no act or omission which would result in a mortgage, encumbrance, lien or other right, title or interest in the Park being acquired by any third party. I. Commit no act or omission which would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties. m. Advise the County immediately of any security issues, damage to the Park, or any other events or conditions which could result in damage to the Park, liability to County, or any other such adverse impact to the Park or to the County. 7. Allowable Activities of ROY BASS. In exchange for performance of the above duties, Roy Bass may: a. Rent boats, canoes or other watercraft and retain any rental fees charged. b. Conduct sunset cruises, eco tours, birding outings or other guided outings and retain any fees charged. c. Charge and retain a fee not to exceed $15.00 per night for overnight camping. d. Lawfully operate the bait shop and retain any of its profits. e. Roy Bass may, upon approval by the County and receipt of proof of insurance as defined in paragraph 9, permit other entities to conduct recreational, ecological, educational or sporting programs at the Park. f. Roy Bass may store equipment at the Park in the storage shed provided. Prohibited Activities. Roy Bass may not do the following: a. Sell alcoholic beverages at the Park. b. Charge for the use of the boat ramp or dock, since they were furnished is part by the Florida Inland Navigation District. c. Permit storage of unattended boats, trailers, recreational vehicles or automobiles over night at the Park. 9. Insurance. Roy Bass shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to the County's Risk Management Division. 10. Non-discrimination. Roy Bass shall operate the Park in a non-discriminatory manner complying with all local, state and federal laws, rules or regulations which pertain. 3 38 11. Cancellation. This Agreement may be terminated by the County at any time on notification by any state or federal environmental regulatory agency that a serious health hazard exists from continued use of the Park. In such an event, Roy Bass shall make no claim against County for any damages. Roy. Bass may cancel this agreement at any time by giving the County ninety (90) days written notice. At the termination of this Agreement from whatever cause, it shall be Roy Bass's responsibility to restore the Park to a condition no worse than what would be reasonably expected with normal wear and tear. 12. Assignment. The Agreement may be assigned or transferred only with the written approval of the County. 13. Hold Harmless. Roy Bass shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of Roy Bass, except for those claims arising out of the County's own negligence. 14. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 15. Improvements to the Property. Roy Bass shall obtain the County's written permission before constructing any improvements to the Park. At the termination of the Agreement, Roy Bass shall be permitted to remove any personal property not attached to any buildings. Fixtures or equipment attached to the property shall become the property of the County. 16. Breach of Agreement. A breach by Roy Bass of any of its obligations under this Agreement shall be grounds for the County to terminate this Agreement, except that before such termination, Roy Bass shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 9, Roy Bass shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of the Park until insurance is reinstated. Failure to timely reinstate the insurance or use of the Park while there is no insurance may subject IRLAX to automatic termination of this Agreement. 17. Condition of the Licensed Premises. The Park property is licensed in "as is" condition without warranty or representation as to its condition. Roy Bass has examined the Park property and agrees that they are acceptable and suitable for Roy Bass's use. 4 39 IN WITNESS WHEREOF, the County and Roy Bass have executed this instrument this day of February 2019. ATTEST: Jeffry R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Bob Solari, Chairman Approved as to form and legal sufficiency: Dylan Reingold County Attorney Roy Bass Middleton's Fish Camp, LLC BCC Approved Date: Jason E. Brown County Administrator Roy Bass, Owner Witness Printed name 5 40 Indian River County GIS EXHIBIT A 0800810088 (` JIt i % i` 73RD'MNR" ParcelID OwnerName PropertyAddress 32360000000000000003.0 INDIAN RIVER 7400 BLUE CYPRESS LAKE RD VERO COUNTY BEACH, FL 32966 Notes . _ R1 • ., 41 AGREEMENT 07-05-95(.a gr)TPOrW(P W D)J W D WHEREAS, INDIAN RIVER COUNTY is the owner and operator of Blue Cypress Park located on Blue Cypress Lake; and WHEREAS,in order to enforce County regulations at the park, it is necessary to have someone representing the County at the park at all times; NOW, THEREFORE, in the consideration of the following mutual covenants and agreements INDIAN RIVER COUNTY, FLORIDA, hereinafter called "COUNTY" and JONEAL MIDDLETON, hereinafter called "SUPERVISOR" do agree as follows: 1. COUNTY appoints Joneal Middleton as SUPERVISOR of the Blue Cypress Lake County Park with full authority to enforce rules and regulations as established by this Board for the park 2. SUPERVISOR shall have the following duties: a. Keep park premises clean and free of all debris and trash. b. Mow grass in park. .c. Maintain restroom facilities in a clean and working condition. d. Maintain the following County equipment: (1) 10 x 10 Robin Security Shed: Asset# 7401 (2) Snapper Riding Mower: Asset# 13686 (3) Echo 2501 Weedeater: SN 122282 (4) Myers Jet Pump, SN 16673476 e. Ensure 24 hour.supervision of the park. f. In the event that the COUNTY opens camping facilities when new wastewater facilities become available, the SUPERVISOR shall then assume the following additional duties: (1) Check all campers in and out of the park and collection of the appropriate fees. (2) Maintain records on all fees collected and pay such fees to the Board of County Commissioners on a monthly basis. :g. Pay a $20/month fee to Indian River County for solid waste collection as generated by the Bait Taclde Store. h. Provide the COUNTY with a copy of all current insurance certificates as required in paragraph 5 herein. i. Collect all user fees approved by the Board of County Conunissioners and transmit such fees to the Public Works Director as directed. j. Notify the County Utility Services Department (770-5300) of any alarms or problems with all utility systems once they are constructed. 3. The COUNTY will be responsible for the following: a. Periodic grading of roads in the camp area. b. Furnishing required equipment as COUNTY shall determine. c. Providing maintenance service for the furnished equipment. d. Providing all institutional and janitorial supplies for COUNTY owned property. 42 .e. Providing list of COUNTY owned equipment. 4. As consideration for the SUPERVISOR carrying out the duties enumerated herein, the COUNTY authorizes SUPERVISOR to maintain, for his personal benefit, the following on park premises: a. Bait and tackle shop. b. Utility buildings. c. Boat rentals. 5. -Both parties agree SUPERVISOR is an independent contractor and not a COUNTY employee. As such, SUPERVISOR agrees to pay all taxes lawfully levied against SUPERVISOR'S business or COUNTY owned land upon which business is conducted; all sales tax, other levies, assessments or taxes; agrees to maintain corn nercial general liability and automobile .insurance, including the COUNTY as an additional insured, with minimum ,combined single limits of $500,000 written on an occurrence basis. The SUPERVISOR shall save, keep and hold harmless the COUNTY, it's officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise from damages to property or personal injury caused by reason of or in the course of :performing work which may be occasioned by any willful or negligent act or omissions of the SUPERVISOR, any of the SUPERVISOR'S employees or his family, or any subcontractor. 6. SUPERVISOR'S books and records shall be opened to COUNTY :inspection and audit at any time. 7. This Agreement shall continue for a period of five (5) years. 8. Either party may revoke this Agreement at any time by giving the other party sixty (60) days notice in writing. 9. COUNTY recognizes that SUPERVISOR is providing a governmental service that COUNTY normally would provide and this Agreement will result in savings of tax dollars to the citizens of Indian River County. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of a.„ , 1995. SUP ERV I'S.OR:. - Joneal Middleton, Supervisor Indian River County Apprcved Date Administration. 5. J / • Budget Arai lr Legal / 'Q V /t• Risk Management Department • • 7 ,I Division C:\WPWIN60\CONTRACT\BLUECYP.AGR INDIAN RIVER COUNTY, FLORIDA By. / `Kenneth R. Macht, Chairman Board of County Commissioners Attest: Jeffrey K. Barton Clerk ourt di:4;e 43 BLUE CYPRESS LAKE PARK / MIDDLETON FISH CAMP Signed by: Expiration Date: 10/10/1979 Agreement William Wadsworth IRC Joneal Middleton Bait & Tackle Shop, house trailer, utility bldg, boat rentals 9/1/1984 1/2/1985 8/22/1995 Agreement Original Agreement Patrick Lyons IRC Joneal Middleton NEW AGREEMENT CREATED Joneal Middleton Extended / Renewal for five years Kenneth R. Macht IRC Full authority to enforce rules and regulations established by Parks 09/-1/2000 11/12/1999 Amendment to Agreement Kenneth R. Macht IRC Joneal Middleton Extended/Renewal 9/1/2005 10/19/2004 Amendment to Agreement Caroline D. Ginn IRC Joneal Middleton Extention to 09/01/2010 9/1/2010 12/2/2008 Second Amendment to the Agreement Wesley S. Davis IRC Joneal Middleton Added Jeanne Middleton 9/1/2010 12/1/2009 Third Amendment to Agreement Peter D. O'Bryan IRC Joneal & H. Jean Middleton Extended / Renewal 9/1/2015 11/18/2014 Fourth Amendment to Agreement Wesley S. Davis IRC H. Jean Middleton Renewal / remove Joneal Middleton's name (passed 10/18/14) 9/1/2025 44 CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Environmental Specialist Release of Retainage for Work Order No. 12 CB&I Coastal Planning and Engineering, Inc. Sector 5 Beach Restoration Project — Design and Permitting Services DATE: January 17, 2019 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. CB&I is the selected County consultant for professional coastal engineering services related to the Sector 5 Beach Nourishment Project. On August 14, 2017 the County was notified of CB&I's acquisition with Aptim Coastal Planning and Engineering, Inc (APTIM). From that date forward, all correspondence was made by APTIM. On April 12, 2016, the Board approved Work Order No. 12 to this contract for Design and Permitting services for the Sector 5 Beach and Dune Restoration project. Work Order No. 12 included lump sum services in the amount of $142,763. All work under Work Order No. 12 is now 100% complete. The total amount of retainage withheld under Work Order No. 12 is $14,276.31. APTIM, is requesting the release of all withheld retainage in the amount of $14,276.31. FUNDING The release of retainage in the amount of $14,276.31 is included in local beach restoration funding through a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is available in Account # 128-206000- 15021. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@COODEOD5\@BCL@COODEOD5.docx 45 Page 2 BCC Agenda Item Sector 5 Beach Restoration Project February 5, 2019 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 12 in the amount of $14,276.31. ATTACHMENT APTIM Invoice No. 432936 -RI -00636 APPROVED AGENDA ITEM FOR: February 5, 2019 BY: C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@COODEOD5\@BCL@COODEOD5.docx 46 A APTIM Aptim Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1-561-391-8102 Fax: +1 561-391-9116 Kendra Cope 1/10/2019 Indian River County Invoice # 432936 -RI -00636 Public Works- Coastal Engineering Division RETAINAGE INVOICE 1801 27th Street, Building A Vero Beach, FL 32960 Billing Period: through 12/31/18 Consultant's Project # 636208650 Professional Engineering Services Invoice for: Indian River County Sector 5 Design and Permitting Work Order # 12 TASK TOTAL CONTRACT AMOUNT PREVIOUSLY AMOUNT DUE RETAINAGE AMOUNT COMPLETE COMPLETED BILLED THIS PERIOD DUE Preliminary Design & Feasibility Report $32,248.00 100% $32,248.00 $32,248.00 $0.00 $3,224.80 JCP Pre -Application Meeting $6,622.00 100% $6,622.00 $6,622.00 $0.00 $662.20 Environmental Assessment $44,408.00 100% $44,408.00 $44,408.00 $0.00 $4,440.80 JCP Application $39,116.00 100% $39,116.00 $39,116.00 $0.00 $3,911.60 Response to RAI's $20,369.00 100% $20,369.00 $20,369.00 $0.00 $2,036.91 Please Mail Check To: 39001 Treasury Center Chicago, IL 60694-9000 Sub -Total: $142,763.00 $142,763.00 $142,763.00 $0.00 TOTAL RETAINAGE DUE THIS INVOICE $14 276.31 TOTAL RETAINAGE WITHHELD: $14,276.31 $14,276.31 a1 47 FI5-/,1aq 8.�. SECTOR 4 Beach Management Sector 5 INDIAN RIVER COUNTY, FLORIDA Town of ..0 Indian River Shores*° COUNTY 0.31 miles (11.6%) Range Monuments Sector Division Lines Municipal Boundaries 1,000 2,000 4,000 Feet Sector 5 resides between FDEP Coastal Range Monuments R072 and R086, with a straight-line distance of 2.66 miles. = s" Date of Aerial Imagery: January 2018 SECTOR BEACH miles (88.4%) MERRILL BARBER BRDG INDIAN RIVER LAGOON IRIS LN • RIOMAR DR SECTOR 6 Path: U:\Projects\PuhlicWorks\2019_0204_BeachSector5 AerialMap_MHeller RSzpryka\Sector5 AenalMap_2019_0204.mxd Map Date: 2/4/2019 IRCGIS/CPL 4 '► ' l OF CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 23, 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 2019023 —Annual Bid for Sod BACKGROUND: The Road and Bridge Division requested the solicitation of annual bids to provide as needed delivery of sod for various projects throughout the county. The current bid, awarded to Gomez Brothers Enterprise on November 8, 2017, expired on November 7, 2018. The vendor indicated they were unable to renew at the existing pricing. The term of the new annual bid is one year, with the option for two additional one-year renewals. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: October 25, 2018 November 15, 2018 286 Subscribers 6 Vendors 1 Vendor Bidder Location Annual Cost Bahia Sod (est. 225,000 sf) Annual Cost St. Augustine Floratam (est. 171,000 sf) Total Estimated Annual Cost Gomez Brothers Irrigation, LLC Vero Beach $40,500 ($0.18/sf) $64,980 ($0.38/sf) $105,480 Percent increase over Previous Bid $33,750 $39,330 $73,080 previous bid 20% 65% 44% 48 CONSENT ANALYSIS: The low bid represents an overall increase of 44% from the previous bid, however Public Works compared the bid pricing against recent engineering bids and found them consistent. SOURCE OF FUNDS: The estimated expenditure for the remainder of the FY is $83,500. Funding in that amount is available in the Road and Bridge/Other Road Material/Supplies account 11121441-035390. RECOMMENDATION: Staff recommends the Board award bid 2019023 to Gomez Brothers Irrigation, LLC and authorize the Purchasing Division to issue blanket purchase orders for the period of February 5, 2019 through February 4, 2020 to the recommended bidder. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 49 8G Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THRU: Kristin Daniels, Director, OMB FROM: Beth Martin, Risk Manager DATE: January 14, 2019 SUBJECT: Insurance Broker Contract Extension It is requested that the Board of County Commissioners consider the following Consent Agenda item at their February 5, 2019 regular meeting. Background On August 19, 2014 the Board of County Commissioners approved a two-step marketing and placement process for the County's self-insurance program. Siver Consultants prepared the request for qualifications for broker services and a request for proposals for insurance policies. Arthur J. Gallagher Risk Management Services (now Gallagher) was the broker selected. They have provided services under an agreement entered into on May 1, 2015 to the present time, and are currently marketing the insurance program for the May 1, 2019 renewal. In fiscal year 2019/2020, the County will again market the broker/insurance services through RFQ/RFP and present a recommendation to the Board for consideration, scheduled to become effective May 1, 2020 To provide a smooth transition from marketing to implementation, staff requests a one (1) year extension of the broker services agreement with a revised terminate date of April 30, 2020. Several of the current excess insurance policies are under multi-year rate guarantees and we anticipate a smooth renewal this policy year. Recommendation Staff recommends that the Board approve the Amendment to Agreement for Property and Casualty Insurance Broker Services and authorize the chair to sign the Amendment. Payment in the amount of $175,000.00 for the additional year is budgeted and available from the Self -Insurance Fund, account number 50224613-034590, Self- Insurance/Risk/Other Insurance. No increase in the annual cost is proposed. Approved for Agenda February 5, 2019 50 51 AMENDMENT TO AGREEMENT between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and ARTHUR J GALLAGHER RISK MANAGEMENT SERVICES, INC. for PROPERTY AND CASUALTY INSURANCE BROKER SERVICES THIS AMENDMENT TO AGREEMENT between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and ARTHUR J GALLAGHER RISK MANAGEMENT SERVICES, INC. for PROPERTY AND CASUALTY INSURANCE BROKER SERVICES ("Amendment") is entered into as of the day of February, 2019 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("COUNTY"), and Arthur J. Gallagher Risk Management Services, Inc., an Illinois corporation authorized to conduct business in the State of Florida, whose address is 200 S. Orange Ave., Suite 1350 Orlando, FL, 32801 (the "BROKER"). RECITALS WHEREAS, COUNTY and BROKER entered into an Agreement for Property and Casualty Insurance Broker Services, effective May 1, 2015 (the "Agreement"); and WHEREAS, The term of the Agreement was for one year and could be extended for up to three additional one-year periods; and WHEREAS, COUNTY has begun a RFP process for broker services, which will not be completed by April 30, 2019; and WHEREAS, COUNTY and BROKER are agreeable to extending the Agreement for one more year, subject to the same terms and conditions as set forth in the Agreement, except as set forth below; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Section 2.1 Term of Agreement. The second sentence of Section 2.1 — Term of Agreement is amended to read as follows: "The term of the AGREEMENT is extended through April 30, 2020." 3. Amendment of Section 4.7 Public"Records. Section 4.7 shall be deleted in its entirety and replaced to read as follows: Page 1 of 4 52 4.7 Public Records 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. 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. Page 2 of 4 53 4. Addition of Section 4.18 Statutory Termination. Section 4.18 Statutory Termination shall be added to read as follows: 4.18 Termination in Regards to F.S. 287.135: A. 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. 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 placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 5. All other provisions of the Agreement shall remain in full force and effect. The remainder of this page is intentionally left blank. Page 3 of 4 54 IN WITNESS WHEREOF, County and Consultant have executed this instrument this _ day of February, 2019. ARTHUR J GALLAGHER RISK MANAGEMENT SERVICES, INC. 200 S. Orange Ave. Suite 1350 Orlando, FL, 32801 INDIAN RIVER COUNTY, FLORIDA By: By: Name: Title: Bob Solari, Chairman Board of County Commissioners Attest: Approved by BCC By: Secretary Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold County Attorney Page 4 of 4 55 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT BCC Meeting 02-05-2019 Date: To: January 24, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Mike Redstone, Recreation Manager Subject: Indian River County Ballfields Bulk Rental Agreement Template BACKGROUND: Indian River County owns and maintains ballfields throughout the County. The facilities have been developed to include ballfields that are multi -use. These fields can be used by children and adults of all ages. They are used by various sports teams that originate within the county. The ballfields are utilized primarily by the public on a first come, first served basis free of charge, however; exclusive reservations of the Ballfields are available to the public at the standard rental rate of $20 per hour/per field and $20 per hour/per field for lights. The ballfields are also utilized for programming activities by the County Recreation Division and subject to availability for private rental. DESCRIPTION AND CONDITIONS: On February 2, 2016, the Board of County Commissioners approved a Bulk Rental Agreement was with Michael Paul Massey d/b/a Baseball Club of the Treasure Coast, Inc., a 501 (C) (3) non-profit organization. The Agreement requires a commitment to utilize the 58th Avenue Ballfields for a minimum of 300 hours annually. In exchange for the Club's commitment, the County agreed to a bulk rate of $10 per hour per field and $10 / hour for lights. Most recently, the Recreation Division has received multiple inquiries as to field availability and bulk rental rates. The proposed Bulk Rental Agreement template is substantially similar to the one approved by the Board in 2016. It is intended for use only by non-profit organizations dedicated to the development of sports teams in Indian River County. Instead of making individual reservations, the organization would make a commitment to reserve a block of time for a minimum of 300 hours over a course of 1 year. This bulk use agreement would contain a reduced rate that reflects a 50% volume discount off the standard rental rate. The bulk use agreement rate is proposed at $10 per hour/per field and $10 per hour/per field for lights. This would guarantee a source of revenue from the use of the ballfields. Each Agreement would generate no less than $3,000 annually. The Recreation Division expects to enter into at least two but no more than four Bulk Rental Agreements annually. The Agreements would remain subject to availability as determined by the Recreation Division, which strives for an equitable distribution of available field time on a first come first served basis. C:\Users\legistar\AppData\L.ocal\Temp\BCL Technologies\easyPDF 8\@BCL@E80D2EFD\@BCL@E80D2EFD.doc 56 RECOMMENDATION: Staff respectfully requests the Board approve the attached Indian River County Ballfields Bulk Rental Agreement as a template and authorize Staff to sign future template agreements on behalf of the County. ATTACHMENT: Indian River County Ballfields Bulk Rental Agreement APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E80D2EFD\@BCL@E80D2EFD.doc 57 INDIAN RIVER COUNTY BALLFIELDS BULK RENTAL AGREEMENT THIS PARK BALLFIELDS RENTAL AGREEMENT (hereinafter "Agreement") is entered into as of the day of (hereinafter "Effective Date") by and between Indian River County, Florida, a political subdivision of the State of Florida ("County") and a not for profit organization ("Organization"). WHEREAS, the County owns and maintains the basebalf f Ids throughout the County (hereinafter the "Ballfields") in Indian River County, Florida; and WHEREAS, the use of the Ballfields is otherwise free to thus- house the field without a reservation on a first come first served basis; and WHEREAS, the County charges various reservation fees for theN .s_e of�the Ballfields including field and light charges. The standa ,d -fee s$20 perghour / per fie d andrIight charges at $20 per hour/per field (the "Standard RemairRate") and ofit oreanization dedreated to the development F9 WHEREAS, instead of making in_dividuaI reser;�ca ions, the Organization would like to reserve a block of time for -he use of a field over the cou a of 1 year, which will provide the County with a guaranteed so.ur�ee44of revenue fromt a use of=the Ballfields; and WHEREAS, the Organization is not-fo of sports teams in Indian River Couniy n`d. p WHEREAS, n order to nenti ize the r` iutually cceptable terms of this Agreement, the _en Organization will tizthe Ballfieldsf_or a total'fot less than 300 hours annually; NOW, THEREFORE; 'n consideration of the foregoing and the mutual benefits, undertakings and covenants=o:n dined Wein, and other good and valuable consideration, the receipd sufficiencyfwhich..are hereby acknowledged, the parties agree as follows: Sectiont Adoption of "Whereas" Clauses. The above recitals are true and correct and are incorporateerem Section 2. Term. The term of this Agreement shall be for one year, commencing on the Effective 1.517 Date and terminating one ear after the Effective Date. Section 3. Rental Fees for the Ballfields. Rental fees due for use of the Ballfields shall be billable at the rate of $10 per hour / per field and $10 per hour for lights (The "Adjusted Rental Rate"). All rent due shall be due in advance reservation. At the beginning of each quarter, the County will provide an invoice to the Organization for the following quarter's rent. The Organization will have five business days to pay the invoice. Cancellations shall be confirmed at least 5 days in advance to avoid being charged, except that cancellations due to inclement weather, including but not limited to rain, lighting or unfit conditions of the Ballfield, shall credited toward future use but shall not survive the expiration of this Agreement. . Page 1 of 5 58 Regardless of actual usage or cancellation, annually the Organization shall pay for a minimum of 300 hours of field usage. Section 4. Non -Exclusive Use of the Ballfields. Reservations made pursuant to this agreement are subject to availability as determined by the County in the best interest of equitably balancing competing demands for ball field reservations including those previously reserved under separate but prior agreements. The Organization shall have the exclusive reservation of the Ballfields on (days) between the hours of or as otherwise reserved subject to availability. At all other times, the Ballfields shall remain available for reservation by the public at the Standard Rental Rate. The Ballfields shall remainfopen to the public during unreservedtime periods free of charge on a first come, first ser :-basis. Section 5. Lining and Dragging the Ballfields. The County `lines and drags the Ballfields as part of the routine maintenance of the Ballfields. Section 6. Advertisement at Baseball Fields Fences._ The Organiza�tien shall bC'-entitled to obtain revenue from any advertising the Organization sees at the BallfiIcis-. S , c advertising shall be limited to banners or signs which ardisplayed o Aort o the inside pn o the outfield fences. Any banners or signs must be ap„.pr oved byfhe County Recreation anager prior to display. All signage must comply with any �e iremenet fo hin Chr 956 of the Indian River County Code of Ordinances, if applicabl The Orization shra pay the County 10% of any revenue earned from advertisem=entat the BIlfields as set fortfi'in this section. Such payments shall be made to the Count uri and ira addition to the total rent due as set forth Y Y�q-�te, Y in section 3 above. Section 7. Organization E:q;ip...ent Storage. Th—e Orga zi ation shall have the right to store equipment at the Ballfields, s,je. to apval be County Recreation Manager or his Designee. The Organization wili--_lb�-_e re sibNor providing its own storage facilities for such equipment. The Organization shall solely r esponsible for any damage or loss of such equipment storedt the Ballfields. Section,8r,,Insurar6 Requirements._(Jpon the Effective Date of this Agreement, the Organizationeshall providd theCo{ura#y Tith evidence of insurance, including commercial general liability; and if applicableauto nobile`liability and workers' compensation, for all of its organized baseball teams. If the Organization adds any additional organized baseball teams, the OrganizatiormshalliprovideVch evidence within 14 days of such addition. If children will be supervised in connectign with' use of the Ballfields, sexual molestation liability insurance will also be required. All insurance, with the exception of workers' compensation, will name the County as additional insured. ,�',�' Discretionary Authority — Depending upon the nature of any aspect of the use of the Ballfields and its accompanying exposures and liabilities, the County may, at its sole discretion, require additional insurance coverages or specific coverage amounts, which may or may not require that the County also be named as an additional insured. Section 9. Liability and Indemnification. The County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement. The Organization shall defend, hold .harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses Page 2 of 5 59 (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by the Organization in conjunction with any of the activities described in this. Agreement. This section 9 shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. Section 10. Assignment. The Organization shall not transfer, assign, or sublet this Agreement, or any portion thereof, to any third party without the express written approval of the County, which approval may be granted or withheld in its sole discretion. Section 11. Termination. Either party may terminate this Agre4im:ent if the other party fails to comply with a term of -the Agreement. The terminating party haf notify the other party of the decision to terminate this Agreement at least 30 days before ffectivepdate of termination. The party in default may avoid termination by correcting the default to the satisfaction of the other party prior to the effective date of termination stated in the noticT a County reserves the right to terminate this Agreement following 60 days' non e of the Count 's -intent top ceed with any renovation, improvement, or construction project to the Ballfields ifie_ will~substantially interfere with the use and enjoyment by theOrg:anization of the BallfieldsW"Suspension Period"). Any prepaid ball field reservation fee's s ollowi g termin a if of this -Agreement shall be promptly refunded to the Organization. Section 12. Ballfield Rules Apply. Unless othe .,_isre stated here n, the Organization shall comply with all of the rules and regulatio-,ns ©ntained within the Indian River County Recreation Department Athletic Field Permit Application; attachedkher�eto as Exhibit "A". mi Section 13. Miscellaneous: A. Time of the Essence. Tim --is provision of this Akg;reement. B. Force MajeurelE=mergency=`e ny non-performance of the terms or conditions of this Agreement=caused by or resltincfrom an -vent of Force Majeure (as defined below) shall not constittfilPviolation or ventaelVfAlt. For the purposes of this Agreement, the term "Force Majeure shall mean actsmol od, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening,. earthqu_akke fres, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil distuurbanoj unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party clai = ng the occurrence of an event of Force Majeure. C. No Waiver. failure of either party to enforce any provision of this Agreement, or the waiver thereof, in any specific instance by either party shall not be construed as a general waiver or relinquishment on its part of such provision in any other instance, and such provision shall nevertheless remain in full force and effect. essen a in the performance of each and every D. Binding Affect; Severability. All of the provisions of this Agreement shall be binding upon and inure to .the benefit of and be enforceable by the parties. If any provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby. Page 3 of 5 60 E. Governing Law; Venue; Attorney Fees. 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. F. Entire Agreement; Amendments. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the par'l s only in writing by written amendment or other appropriate written document. This A•:er ent may be executed in separate counterparts, each of which shall be deemed to be a original and all of which together shall constitute one and the same instrument. G. Construction/Interpretation of Agreement, Each party ; a(participated equally in the negotiation and drafting of this Agreement. In the ev. nt that an arbitration panel�o.r court is required to interpret any provision of this agreement, the rovision shall nom t eep ted for or against either party upon the basis that such-_ ---spa 3 was=or was not the- preparer of this Agreement. H. Sovereign Immunity. Nothing herei sovereign immunity. onstitute ever of the COUNTY'S I. Waiver of Jury Trial. EACH ARig KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BRY WITHiSFCT TO`A CAUSE OF ACTION OR ISSUE ARISING OUT OF OR RELrATIN:G TO THIS -AGREEMENT. J. Emergency,,County Use:: In anEerrn_ergency declared by the appropriate authorities under Chapter 251i i aStatutes the Count serves the right to use the Ballfieldssas a part .o necessary iithe County Wires o se and recovery operation as long as reasonably �K No Third PartyB:eneficiaries. Except as otherwise expressly provided herein, this Agreemen is ole_lyfhe benefit of the named parties, and no enforceable right or cause of action shall atthereunder= or for the benefit of any entity or individual not a named party hereto. I L. Notices. Anyynotice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County Assistant County Administrator or designee Indian River County 1801 27th Street Vero Beach, Florida 32960 Page 4 of 5 61 If to the Organization Name/dba/Organization Name Printed Name and Title Address Vero Beach, FL 32968 M. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one -and the same instrument. below. IN WITNESS THEREOF, the parties have set their hands_and seals the date entered (NAME / dba / Organization) By: (signature) Date: (Printed name Owner Boar:_dfOfCountyCommissioners County Florida ndian Rive: Mich elC. Zito or designee Assis antcounty Administrator Date: Page 5 of 5 62 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Work Order No. 7, MBV Engineering, Inc. Indian River County Welcome Sign Project, IRC -1816 DATE: January 24, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board of County Commissioners (BCC) selected and approved the final design for a County Welcome Sign. In addition, the BCC approved four locations near main entry points to the County for the construction of the signs. Since then, County Staff has further examined conditions around each of the four locations to identify specific sites for each sign. On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. To move forward with this project, each sign location must be identified on a site plan and permits from the Florida Department of Transportation (FDOT) and County must be obtained. To complete these tasks, County Staff requested a proposal from MBV Engineering, Inc. Recently, MBV submitted Work Order No. 7 for the development of a site plan for the four County Welcome Signs, and for permitting through the FDOT and County. FUNDING Funding in the amount of $24,800.00 is budgeted and available from Secondary Roads/Other Contractual Services- Acct# 10921441-033490. RECOMMENDATION Staff recommends that the BCC approve Work Order No. 7 for MBV Engineering, Inc. to develop a site plan for the four County Welcome Signs and for project permitting, and authorize the Chairman to execute Work Order No. 7 in the lump sum amount of $24,800.00. ATTACHMENTS MBV Engineering, Inc. Work Order No. 7 APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 63 C:\Users\ legistar\AppData\Local \ Temp \BCL Technologies\easyPDF 8\@BCL@280EC6BC\@BCL@280EC68C.doc ?r WORK ORDER 7 IRC WELCOME SIGN PROJECT (IRC -1816) This Work Order Number 7 is entered into as of this _ day of , 201, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17"' 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 MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms ofthe Agreement shall be deemed -to be incorporated -in -each individual Wiirk-Orders 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 MBV Engineering, Inc. By: Todd Howder Title: Vice President By: OF INDIAN RIVER COUNTY 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 64 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to permit and construct Welcome Signs at (4) locations throughout Indian River County. The County has identified (4) locations for the signs at various entries into Indian River County and are listed below: • North County: • North County West: • Central County West: • South County: Median at US #1 just south of Roseland US #1 bridge Median at CR 512 and & 106th Ave Median at SR 60 east of 90th Ave US #1 East ROW, south of Vero Shores These signs will require site permits from FDOT and IRC to be constructed at these locations. As such, MBV Engineering, Inc. will complete a Welcome Sign Site Plan, including site details for each location, and permit applications for each location and any minor Structural Sign modifications that may be required for the North County US #1 sign and South County US #1 sign. It is understood that the previously designed Welcome Sign by Kimley-Horn and Associates will be utilized as the sign and structural modifications mentioned previously will only be to adjust the sign height and / or width. It is also understood that all existing conditions survey services will be provided by IRC and that the surveys will be provided to MBV in both CAD and pdf formats to be utilized in the design. A description of services provided for each sign is listed below in further detail. North County: Median at US #1 South of Bridge a. Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements in accordance with directions from the IRC Public Works staff. The design drawings for the North County sign location will include Existing Conditions plan, Site Plan and Details Plan. Consultant will also coordinate with FDOT & the County for sign locations and design parameters / permit issues and complete the necessary agency permit applications. b. Structural Plans The Consultant will prepare 24" x 36" design drawings for any minor modifications to the sign's width that may be necessary to accommodate FDOT width standards inside the median. MBV will utilize the previously designed Welcome Sign plans (by others and provided to MBV by County) for any structural modifications. c. County Reviews and Revisions The Consultant will coordinate with COUNTY staff during design development for these plans at the 50%, 90% and 100% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans pursuant to COUNTY comments within reasonable scope of the project. 65 North County West: Median at CR 512 and 106th Ave a. Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements in accordance with directions from the IRC Public Works staff. The design drawings for the Northwest County sign location will include Existing Conditions plan, Site Plan and Details Plan. Consultant will also coordinate with IRC for sign locations and design parameters / permit issues and complete the necessary agency permit applications. b. County Reviews and Revisions The Consultant will coordinate with COUNTY staff during design development for these plans at the 50%, 90% and 100% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans pursuant to COUNTY comments within reasonable scope of the project. Central County West: Median at SR 60, east of 9e Ave a. Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements in accordance with directions from the IRC Public Works staff. The design drawings for the Central County sign location will include Existing Conditions plan, Site Plan and Details Plan. Consultant will also coordinate with the County for sign locations and design parameters / permit issues and complete the necessary agency permit applications. b. County Reviews and Revisions The Consultant will coordinate with COUNTY staff during design development for these plans at the 50%, 90% and 100% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans pursuant to COUNTY comments within reasonable scope of the project. South County: US #1 east ROW, south of Vero Shores a. Design Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements in accordance with directions from the IRC Public Works staff. The design drawings for the South County sign location will include Existing Conditions plan, Site Plan and Details Plan. Consultant will also coordinate with FDOT & the County for sign locations and design parameters / permit issues and complete the necessary agency permit applications. b. Structural Plans The Consultant will prepare 24" x 36" design drawings for the modifications to the signs height to the previously designed Welcome Sign (by others). This modification is required pursuant to the existing US #1 bridge pedestrian wall at this location that will otherwise impede full view of the Welcome Sign. c. County Reviews and Revisions The Consultant will coordinate with COUNTY staff during design development for these plans at the 50%, 90% and 100% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans pursuant to COUNTY comments within reasonable scope of the project. 66 BIDDING PHASE The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Documents for Bidding • Attendance at Pre -Bid Meeting • Response to Bidding comments from Contractors All construction specifications will be on the applicable plans in lieu of specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. CONSTRUCTION PHASE The Consultant will provide the following scope of services during the construction phase: Ys • Attendance at (1) Pre -Construction meeting • Shop Drawing review of Structural items =:t • Response to Request for Information • (2) site visits per sign during construction __. _•.._ —As= Built review Exclusions: Proposal does not include drainage modeling and / or permitting, any utility relocation design and / or permitting, environmental reports or permitting, traffic studies or any permit application fees. DELIVERABLES The Consultant shall provide the COUNTY with the following: • Three (3) hard copies of the plans in 24" x 36" format • One (1) electronic version of the Plans in pdf format EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Sign Location Fee North County Welcome Sign* $ 5,500 North County West Welcome Sign $ 3,900 Central County West Welcome Sign $ 4,700 South County Welcome Sign* $ 4,800 Bidding Services $ 1,500 Construction Services $ 4,400 Work Authorization Total $ 24,800 *Includes structural design for existing monument sign revisions. 67 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Design Services 30 days from receipt of survey (provided by IRC) • Permitting Services 60 days from applications submission 68 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director Kendra Cope, M.S., Coastal Environmental Specialist Work Order No. 4 Ecological Associates, Inc. HCP Sea Turtle Monitoring North and South County January 24, 2019 DESCRIPTION AND CONDITIONS On October 10, 2017 the Board approved a continuing services contract with Ecological Associates Inc., (EAI) for environmental and biological support services for a two year term, through October 10, 2019. EAI is the selected consultant for professional environmental services related to the County sea turtle Habitat Conservation Plan (HCP). The HCP requires the County to coordinate continuous sea turtle nest monitoring with local stakeholders and/or property managers annually from March 1— October 31. The proposed Work Order No. 4 provides biological monitoring services relative to sea turtle nest monitoring and reporting along approximately 11 miles of intermittent shoreline from FDEP R- 17 -R38 and R86 -Southern County Line. Since 2010, the northern shoreline has been monitored by the County as a result of beach nourishment permitting requirements and the southern shoreline by volunteers under direction from staff. The upcoming 2019 nesting season represents a "gap year" in permit required sea turtle monitoring in the northern County shoreline since post -construction monitoring has been completed and volunteer assistance in the southern County shoreline will be interrupted by pre -construction monitoring in Sector 5. However, sea turtle monitoring is required under the County's HCP, and will still need to be completed to prevent interruptions in the County's Tong -term data collection effort and to remain compliant with the HCP Incidental Take Permit. To stay compliant with the HCP and minimize costs, staff will conduct survey three times per week throughout the nesting season. Work Order No. 4 services will be performed by the consultant at a fixed rate cost not to exceed $70,300.00 for sea turtle monitoring and reporting. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D00D8642\@BCL@D00D8642.docx 69 Page 2 BCC Agenda Item HCP Sea Turtle Monitoring February 5, 2019 FUNDING Local funding for implementing the County's HCP is budgeted through the Beach Restoration Fund which includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for Work Order No. 4, in the amount of $70,300.00 is budgeted and will be made available in Other Professional Services Account No. 12814472-033190-99007. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 4 to the contract with Ecological Associates, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Ecological Associates Inc., Work Order No. 4 APPROVED AGENDA ITEM FOR: FEBRUARY 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D00D8642\@BCL@D00D8642.docx 70 WORK ORDER NUMBER 4 PROJECT NAME: HCP Sea Turtle Monitoring 2019 - North and South County This Work Order Number 4 is entered into as of this day of , pursuant to that certain Continuing Contract Agreement for Environmental and Biological Support Services, dated October 10th, 2017, (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Ecological Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the Environmental and Biological Support Services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The Environmental and Biological Support Services will be performed by the Consultant at a fixed rate not to exceed $ 70,300.00. The Consultant will perform the Environmental and Biological Support Services within the timeframe more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. 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: Ecological Associates, Inc. By: Title: 11',-----cante.y P. DefOtY: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman PveS1cJet* 1 Ce0 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 William K. DeBraal, Deputy County Attorney 71 Exhibit A �l— Ms. Kendra Cope Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Dear Ms. Cope: ECOLOGICAL ASSOCIATES, INC. January 18, 2019 Ecological Associates, Inc. (EAI) is pleased to submit its Cost Proposal and Scope of Work for providing professional environmental services to Indian River County. All conditions related to this proposal shall be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services with the County dated October 10, 2017. The new task is for sea turtle monitoring along approximately 10 miles of beach in support of the County's Habitat. Conservation Plan during the 2019 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for future beach nourishment projects and support long-term monitoring efforts for sea turtles along the County's beaches. SCOPE OF WORK A. Project Management (Task 1). The Survey Area consists of an approximately 3.9 -mile northern section (FDEP R-17 to R-38) and an approximately 6.3 -mile southern section (R-86 to the Indian River/St. Lucie County Line). Pre-existing survey zone boundaries will be verified and re- marked and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations and consult with the County on monitoring requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. B. Sea Turtle Nesting Surveys and Data Management (Task 2). Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2019 and will continue uninterrupted through September 30, 2019. Thereafter, surveys will be performed three days per week until the last marked nest has been evaluated. 72 Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff/volunteers either on foot or using ATVs (Indian River County staff have agreed to perform the nesting surveys three days per week). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub- meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #19-261. Pending approval, this permit will be issued by FWC to EAI Senior Project Manager, Niki Desjardin. All persons engaged in monitoring for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to the County on the last day of the month following delivery of services (e.g., March report due no later than April 30). C. Nest Marking and Monitoring (Task 3). A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 250 nests total in the entire Survey Area). Nests will be marked using a series of stakes and surveyor's tape. These nests will be 73 Ecological Associates. Inc. — Cost Proposal and Scope of Work 3 monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). D. Nest Protection (Task 4). EAI will barricade and protect sea turtle nests deposited in areas of concern designated by the County. Nests will be conspicuously marked for avoidance with a series of stakes and surveyor's tape and be monitored throughout the season. These nests will not be excavated for reproductive success purposes. Nest protection will be billed at $25.00 per nest (EAI estimates 75 total nests requiring protection). E. Reporting (Task 5). EAI will prepare the marine turtle permit -required Index Nesting Beach Survey (INBS), Statewide Nesting Beach Survey (SNBS), and Nest Productivity Assessment (NPA) reports for this project and submit to the County and FWC, as mutually agreed upon. EAI will submit its monthly billings for the services described above to Indian River County in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, A/A, 4404,24, Niki Desjardin Senior Project Manager c: Stan DeForest/President 74 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — January 18, 2019 PROJECT NAME: Indian River County HCP Sea Turtle Monitoring Program - 2019 (Project No. 19-3020) CLIENT: Ms. Kendra Cope Indian River County Public Works 1801 27th Street Phone: (772) 226-1569 Email: kcope@ircgov.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services along approximately 12 miles of beach in support of Indian River County's Habitat Conservation Plan, as described in EAI's Scope of Work dated January 18, 2019. PROJECT DURATION: March 2019 — December 2019. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task North HCP Area - Task Description Cost 1a Project management $1,552.50 2a Sea turtle monitoring and data management (232 days) $32,068.75 3a Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; estimate 125 nests at $59.20/nes0 $7,400.00 4a Nest protection (not to exceed 10 nests) $250.00 5a Reporting $887.50 Task South HCP Area - Task Description Cost lb Project management $1,552.50 2b Sea turtle monitoring and data management (147 days) $16,676.25 3b Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; estimate 125 nests at $59.20/nest) $7,400.00 4b Nest protection (not to exceed 65 nests) $1,625.00 5b Reporting $887.50 TOTAL $70,300.00 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017. 75 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Authorizing Resolution for County Support of FDOT 82nd Avenue Improvements from 69th Street to CR -510 Project Financial Project No. 230879-2-52-10 DATE: January 25, 2019 DESCRIPTION AND CONDITIONS Florida Department of Transportation (FDOT) Bulletin 15-03 requires that the local agency governing board approve a resolution or equivalent approval endorsing FDOT delivery of Off -System projects. The resolution endorses FDOT's delivery of projects that are within the local agency's right of way or local jurisdiction. In the past, the MPO identified the construction of a two-lane roadway on 82nd Avenue from 26th Street to CR -510 as a top roadway priority. FDOT has undertaken a number of preliminary phases of the project, including Project Development and Engineering (PD&E). In order to proceed with the project, FDOT seeks a statement of County commitment for maintenance of the project. The attached resolution is in support of the Florida Department of Transportation, to manage, construct, and deliver, Financial Project No. 230879-2, the construction of 82nd Avenue from 69th Street to County Road 510. The project involves rights-of-way acquisition, design, construction of a two-lane roadway, stormwater treatment facilities, 5 -foot paved shoulders, pavement markings, and other associated improvements. FUNDING Funding is not necessary for action on this item. RECOMMENDATIONS Staff recommends that the Board of County Commissioners authorize the Chairman to execute the Resolution to enter into a Maintenance Memorandum of Agreement with the Florida Department of Transportation for 82nd Avenue from 69th Street to CR 510. ATTACHMENTS Authorizing Resolution FDOT Hwy MMOA 82nd Ave, 69th St. to CR -510 APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 76 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AOODEB09\@BCL@AOODEB09.doc RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COUNTY ROAD 609/82ND AVENUE IMPROVEMENT PROJECT FROM 69TH STREET TO COUNTY ROAD 510/WABASSO ROAD AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, the State of Florida Department of Transportation (Department) proposes to construct and improve County Road 609/82"d Avenue from 69th Street to County Road 510/Wabasso Road, FM No. 230879-2-52-10, Section 88503500, (Project) in Indian River County, Florida; and WHEREAS, upon acquisition of the needed right-of-way, the Department will proceed to construct the Project; and WHEREAS, Indian River County (County) will continue to maintain the existing County owned roadway and right-of-way until the Department begins construction of the Project and the County will continue to be responsible for mowing and litter removal during construction of the Project; and WHEREAS, following the final acceptance of the Project, the County shall be responsible for maintenance of the Project at its own cost and in accordance with Department standards; and WHEREAS, the County, having duly considered the Highway Maintenance Memorandum Agreement, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Highway Maintenance Memorandum Agreement for County Road 609/82"d Avenue from 69th Street to County Road 510/Wabasso Road is hereby approved and the Chairman is authorized to execute the Agreement on behalf of the Board. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. 1 77 RESOLUTION NO. 2019 - THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on this day of February, 2019, by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of February, 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 APPROVED AS TO LEGAL FORM: William K. DeBraal Deputy County Attorney cc: —Florida Department -of -Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 2 78 SECTION No.: 88503500 FM No.: 230879-2-52-01 AGENCY: Indian River County C.R. No.: 609 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of , 2019, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over CR609/82ND AVENUE, as part of the Indian River County Roadway System from 69th Street to CR510/ Wabasso Road; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY are desirous of having the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 230879-2, which involves a new two-lane undivided, north -south connection parallel to Lateral Canal "C". Scope is included in Exhibit A; hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain the Project; and WHEREAS, the DEPARTMENT may not spend State funds for off -system projects; and WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will proceed to construct the Project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution on the day of a copy of which is attached hereto and by this reference made a part hereof, desires to_enter_into_this_Agree.ment and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: -1- 79 1. The recitals set forth above are true and correct and are deemed to be restated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project, as more particularly described in Exhibit A. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non -Participating. 3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property, including easements on property acquired by the DEPARTMENT, to construct this Project. No further permit or agreement shall be required to construct this Project. 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue to be responsible for Mowing and Litter Removal during the duration of the Project. 5. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents), and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its own cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) Florida Design Manual (FDM), current edition, (b) Florida Green Book dated 2016, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY2019-2020, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2018, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes, but is not limited to, roadway, bridge, sidewalk, curb & gutter, drainage, and asphalt roadway. Additionally, upon final acceptance the DEPARTMENT shall convey all acquired property interests to the AGENCY. The Department shall give the AGENCY ten (10) days' notice before final acceptance". • Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance, utility agreement, subordinations and/or other agreements, or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities, obligations as set forth in the conveyance documents shall run with the land. This provision shall survive the termination of this Agreement. • Notwithstanding any other provision herein to the contrary, the Department shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. --- • The AGENCY grants herein to the DEPARTMENT all rights necessary to enter and construct the Project. -2- 80 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. For various occupancy permits the AGENCY shall be the applicant. 8. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit, as necessary. a. Agency Utilities: The Agency shall relocate and adjust it's own utilities including connection with utility customers. 9. The DEPARTMENT and the AGENCY shall keep the commitments established in the PD&E study, Preliminary Engineering Report (82nd Avenue PD&E Study prepared under FPID 23087912201) and as amended by approved re-evaluations. 10. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, in order to construct the Project including but not limited to executing documents, allowing the DEPARTMENT or its contractor to enter into any real property owned, possessed and controlled by the AGENCY or any other Occupancy right the AGENCY may have. 11. E -verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the contractor during the contract term. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. -3- 81 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 13. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 14. LIST OF EXHIBITS • Exhibit A: Project Scope [This space intentionally left blank.] -4- 82 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: AGENCY INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: day of , 20 Approved as to form by Office of County Attorney By: DEPARTMENT ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Transportation Development Director (SEAL) day of , 20 Approval: Office of the General Counsel (Date) -5- 83 SECTION No.: 88503500 FM No.: 230879-2-52-01 AGENCY: Indian River County C.R. No.: 609 EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the acquired property interests to be acquired by the DEPARTMENT for AGENCY. The proposed typical section consists of a two-lane undivided roadway, 12 -foot travel lanes, 8 -foot shoulders (5 -foot paved), a 9 -foot unpaved berm for future sidewalk to the east and a 30' maintenance berm to the west parallel to the existing Lateral Canal "C". The proposed typical section for this project also includes 40 -feet of border width on both sides of the road for an overall right of way (R/W) width of 120 -feet and a posted speed limit of 45 mph. New signing and pavement markings will include new regulatory, warning and guide signs, including but not limited to street designation signs and pavement markings. There are two stop controlled T - intersections; at 69th Street and 82nd Avenue and CR 510/Wabasso Road and 82nd Avenue. Drainage The proposed drainage improvements include Iinearswales along both sides of the road. Culverts and cross drains will be provided to ensure connectivity of the smaller lateral canals to the Lateral Canal C and the preservation of existing drainage patterns. Two wet detention ponds are provided for water quality to the east of the proposed roadway. Permits • St. John's River Water Management District • Sebastian River Improvement District • US Army Corps of Engineers On areas where the slope exceeds the required minimum a proposed sheet pile was added to protect the Lateral Can& "C" maintenance berm. -6- 84 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Authorizing Resolution for County Support of FDOT 82nd Avenue Improvements from 26th Street to 69th Street Project Financial Project No. 230879-3-52-10 DATE: January 25, 2019 DESCRIPTION AND CONDITIONS Florida Department of Transportation (FDOT) Bulletin 15-03 requires that the local agency governing board approve a resolution or equivalent approval endorsing FDOT delivery of Off -System projects. The resolution endorses FDOT' s delivery of projects that are within the local agency's right of way or local jurisdiction. In the past, the MPO identified the construction of a two-lane roadway on 82nd Avenue from 26th Street to CR -510 as a top roadway priority. FDOT has undertaken a number of preliminary phases of the project, including Project Development and Engineering (PD&E). In order to proceed with the project, FDOT seeks a statement of County commitment for maintenance of the project. The attached resolution is in support of the Florida Department of Transportation, to manage, construct, and deliver, Financial Project No. 230879-3, the construction of 82nd Avenue from 26th Street to 69th Street. The project involves rights-of-way acquisition, design, construction of a two-lane roadway, stormwater treatment facilities, 5 -foot paved shoulders, pavement markings, and other associated improvements. FUNDING Funding is not necessary for action on this item. RECOMMENDATIONS Staff recommends that the Board of County Commissioners authorize the Chairman to execute the Resolution to enter into a Maintenance Memorandum of Agreement with the Florida Department of Transportation for 82nd Avenue from 26th Street to 69th Street. ATTACHMENTS Authorizing Resolution FDOT Hwy MMOA 82nd Ave., 26th St. to 69th. St. APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 85 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BOOD82CC\@BCL@BOOD82CC.doc RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COUNTY ROAD 609/82ND AVENUE IMPROVEMENT PROJECT FROM 26TH STREET TO 69TH STREET AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, the State of Florida Department of Transportation (Department) proposes to construct and improve County Road 609/82nd Avenue from 26th Street to 69th Street, FM No. 230879-3-52-10, Section 88503500, (Project) in Indian River County, Florida; and WHEREAS, upon acquisition of the needed right-of-way, the Department will proceed to construct the Project; and WHEREAS, Indian River County (County) will continue to maintain the existing County owned roadway and right-of-way until the Department begins construction of the Project and the County will continue to be responsible for mowing and litter removal during construction of the Project; and WHEREAS, following the final acceptance of the Project, the County shall be responsible for maintenance of the Project at its own cost and in accordance with Department standards; and WHEREAS, the County, having duly considered the Highway Maintenance Memorandum Agreement, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Highway Maintenance Memorandum Agreement for County Road 609182nd Avenue from 26th Street to 69"' Street is hereby approved and the Chairman is authorized to execute the Agreement on behalf of the Board. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft Lauderdale, -Florida 33309. 1 86 RESOLUTION NO. 2019 - THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on this day of February, 2019, by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of February, 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 APPROVED AS TO LEGAL FORM: William K. DeBraal Deputy County Attorney Florida Department of Transportation - 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 2 87 SECTION No.: 88503500 FM No.: 230879-3-52-01 AGENCY: Indian River County C.R. No.: 609 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of , 2019, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over CR609/82ND AVENUE, as part of the Indian River County Roadway System from 26th Street to 69th Street; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY are desirous of having the DEPARTMENT construct certain improvements more particularly described as Financial Project ID 230879-3, which involves a new two-lane undivided, north -south connection parallel to Lateral Canal "C". Scope is included in Exhibit A; hereinafter referred to as the "Project", as more particularly described in Exhibit A; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain the Project; and WHEREAS, the DEPARTMENT may not spend State funds for off -system projects; and WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will proceed to construct the Project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution on the _day of a copy of which is attached hereto and by this reference made apart her_eof,_desir_es to enter--into-this-Agreement-and -- authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: -1- 88 1. The recitals set forth above are true and correct and are deemed to be restated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project, as more particularly described in Exhibit A. The AGENCY is responsible for additional Project costs determined to be Federal Aid Non -Participating. 3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY property, including easements on property acquired by the DEPARTMENT, to construct this Project. No further permit or agreement shall be required to construct this Project. 4. The AGENCY shall continue to maintain the existing roadway and any property owned by AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue to be responsible for Mowing and Utter Removal during the duration of the Project. 5. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents), and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said Project, at its own cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) Florida Design Manual (FDM), current edition, (b) Florida Green Book dated 2016, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY2019-2020, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2019, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. Maintenance of said Project includes, but is not limited to, roadway, bridge, sidewalk, curb & gutter, drainage, and asphalt roadway. Additionally, upon final acceptance the DEPARTMENT shall convey all acquired property interests to the AGENCY. The Department shall give the AGENCY ten (10) days' notice before final acceptance". • Said conveyance shall include, and the AGENCY fully accepts, a transfer and assignment of all rights and obligations pursuant to any maintenance, utility agreement, subordinations and/or other agreements, or matters of record relating to the property to be conveyed and the AGENCY shall assume all responsibilities and liabilities arising from any obligations thereunder which responsibilities, liabilities, obligations as set forth in the conveyance documents shall run with the land. This provision shall survive the termination of this Agreement. • Notwithstanding any other provision herein to the contrary, the Department shall not be responsible for any costs or attorney fees arising out of any liabilities or obligations incurred regarding the right of way after the transfer of property. • The AGENCY grants herein to the DEPARTMENT all rights necessary to enter and construct the Project. -2- 89 6. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY. 7. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner to accept transfer of the Project. For various occupancy permits the AGENCY shall be the applicant. 8. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for this Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit, as necessary. a. Agency Utilities: The AGENCY shall relocate and adjust it's own utilities including connection with utility customers. 9. The DEPARTMENT and the AGENCY shall keep the commitments established in the PD&E study, Preliminary Engineering Report (82nd Avenue PD&E Study prepared under FPID 23087912201) and as amended by approved re-evaluations. 10. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, in order to construct the Project including but not limited to executing documents, allowing the DEPARTMENT or its contractor to enter into any real property owned, possessed and controlled by the AGENCY or any other Occupancy right the AGENCY may have. 11. E -verify requirements: The AGENCY: • shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and • shall expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the contractor during the contract term. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in the Final Proposed Construction plans. -3- 90 Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 13. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 14. LIST OF EXHIBITS • Exhibit A: Project Scope [This space intentionally left blank.] -4- 91 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. ATTEST: AGENCY INDIAN RIVER COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: day of , 20 Approved as to form by Office of County Attorney By: DEPARTMENT ATTEST: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Transportation Development Director (SEAL) day of ,20 Approval : Office of the General Counsel (Date) -s- 92 SECTION No.: FM No.: AGENCY: C.R. No.: 88503500 230879-3-52-01 Indian River County 609 EXHIBIT A PROJECT SCOPE All of the improvements are to be completed by DEPARTMENT within the acquired property interests to be acquired by the DEPARTMENT for AGENCY. The proposed typical section consists of a two-lane undivided roadway, 12 -foot travel lanes, 8 -foot shoulders (5 -foot paved), a 9 -foot unpaved berm for future sidewalk to the east and a 30' maintenance berm to the west parallel to the existing Lateral Canal "C". The proposed typical section for this project also includes 40 -feet of border width on both sides of the road for an overall right of way (R/W) width of 120 -feet and a posted speed limit of 45 mph. Proposed four bridges and culverts consists of a two-lane undivided roadway, 12 -foot travel lanes, 8 -foot shoulders on the west roadway and 6 -foot sidewalk on the east roadway. New signing and pavement markings will include new regulatory, warning and guide signs, including but not limited to street designation signs and pavement markings. There are two stop controlled T - intersections; at 26th Street and 82"d Avenue and 69th Street and 82nd Avenue. Drainage The proposed drainage improvements include linearswales along both sides of the road. Culverts and cross drains will be provided to ensure connectivity of the smaller lateral canals to the Lateral Canal C and the preservation of existing drainage patterns. Two wet detention ponds are provided for water quality to the east of the proposed roadway. Permits • St. John's River Water Management District • Sebastian River Improvement District • US Army Corps of Engineers On areas where the slope exceeds the required minimum a proposed sheet pile was added to protect the Lateral Canal "C" maintenance berm. -6- 93 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 25, 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 2019027—Sandridge Golf Club Maintenance Building Roof Replacement BACKGROUND: Sandridge Golf Club requested the solicitation of bids to replace the flat rubber overlay roof on the maintenance building. The existing roof is original the structure, which was completed in 1985 and repaired following the 2004 and 2017 hurricane seasons. Leaks are patched as they appear, but new leaks continue to emerge. The new roof will be a 20 -year warrantable metal roof system. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: November 25, 2018 January 8, 2019 651 Subscribers 14 Vendors 4 Vendors Bidder Location Total Bid Price Vero Beach Roofing, Inc. Vero Beach $60,013.00 Atlantic Roofing II of Vero Beach Inc. Vero Beach $67,800.00 All Area Roofing & Waterproofing, Inc. Fort Pierce $69,500.00 The Roof Authority, Inc. Fort Pierce $96,825.00 ANALYSIS Sandridge and the Engineering Division have reviewed the bids and determined Vero Beach Roofing, Inc. is the lowest, responsive and responsible bidder. 94 CONSENT SOURCE OF FUNDS: Funds for the replacement of the roof in the amount of $60,013.00 are available in the Golf Course Improvements fund (418-164044). RECOMMENDATION: Staff recommends the Board award bid 2019027 to Vero Beach Roofing, 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 95 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 Vero Beach Roofing, 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: Replacement of existing flat rubber roof with 20 -year warrantable metal roof system 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: Sandridge Golf Club Maintenance Building Roof Replacement Bid Number: 2019027 Project Address: 5300 73'd Street; Vero Beach, FL 32967 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. 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 by reference. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $60,013.00 1 96 Written Amount: Sixty -thousand thirteen dollars 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: 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 2 97 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 (4) Invitation to Bid 2019027 (5) Addendum 1 (6) CONTRACTOR'S Bid Form (pages 15 to 17 of 33, inclusive); (7) Bid Bond (pages 1 to 2 inclusive); (8) Drug Free Workplace Form (page 18 of 33) (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 19 to 20 of 33, inclusive); 3 98 (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 21 of 33) (14) Certification Regarding Lobbying (page 22 of 33) (15) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms 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. 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 4 99 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. 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. 5 100 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; (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. 6 101 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. 7 102 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: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email 8 Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 103 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 25, 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 2019029 — Demolition of Former Fire Station 7 BACKGROUND: The Emergency Services Fire Rescue Department requested the solicitation of bids to demolish former Fire Station 7, located at 1215 82nd Avenue. Station operations were relocated to a modular unit in the summer of 2015, and the facility has been unused since. The building's condition is deteriorating and the roof is leaking. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies:. December 10, 2018 January 8, 2019 545 Subscribers 12 Vendors 4 Vendors Bidder Location Total Bid Price Barth Construction, Inc. Vero Beach $28,370.00 Summit Construction of Vero Beach, LLC Vero Beach $74,160.00 Dunlap Construction, LLC Vero Beach DQ (Addendum 1 not acknowledged) Southern Majestic Homes, Inc. Kissimmee DQ (Disclosure of Relationships form not signed; Certification Regarding Scrutinized Companies not submitted) ANALYSIS The department reviewed the bids and determined Barth Construction, Inc. to be the lowest, responsive and responsible bidder. 104 CONSENT SOURCE OF FUNDS: Funding in the amount of $28,370 will be made available via budget amendment from Emergency Services District/Reserve for Contingency. RECOMMENDATION: Staff recommends the Board award bid 2019029 to Barth Construction, Inc. and authorize the Purchasing Division to issue a Purchase Order for the work. 105 gb CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: January 25, 2019 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will either be sold by online auction or held in storage for a future live auction. The funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 020519 Agenda as surplus, and authorize their sale and/or disposal, as indicated. ATTACHMENT: Excess Equipment List for 020519 Agenda 106 Dept # Asset Description VIN/Serial Working y/n 108 24305 Computer 2831MD1 y 108 24307 Computer 7831MD1 Y 203 Dell 20" Monitor CN-OM39MD-74445-252-EG7U Y 203 Dell 20" Monitors Y 203 Dell 20" Monitors Y 203 Dell 20" Monitors Y 203 21860 Dell Laptop Latitude D600 CN -0G5152-48643-477-0149 Y 203 Dell Optiplex 745 Comp & 18" Monitor w/ s bar 1YDOGD1, CN-OCC280-71618-675 Y 203 Optiplex 790 Y 203 26349 PCU - service tag 3YQ35Y1 Y 210 25742 Dell Computer Optiflex 780 w/keyboard & mouse JH9Q191 N 210 22148 Steel Kneeling ADA Portable Restroom 1A9500E2841270482. y 216 CPU Purchasing Conference Room 1XHFCK1 Y 220 Office Chairs Y 220 Filing and Storage Cabinets Y 241 26235 Optiplex 790 SVC TAG # F5SCLS1 N 241 26242 Optiplex 790 SVC TAG # F5S6LS1 N 241 26238 Optiplex 790 SVC TAG # F5T4LS1 N 241 26513 Optiplex 790 SVC TAG # HGF29W1 N 241 26237 Optiplex 790 SVC TAG # F5S8LS1 N 241 POWEREDGE SC1430 SVC TAG # DKXB7G1 N 243 196130 Sony Mavica Digital Video Pack N 300 22166A F14120C Scanner Y 300 22166B F14120C Scanner Y 300 22166C F14120C Scanner Y 300 22166D F14120C Scanner Y 300 22166F F14120C Scanner Y 300 22166H F14120C Scanner Y 300 22166J F14120C Scanner Y 500 Brother Intellifax 4100 Laser Fax U60298A5J212464 Y 107 g P INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: January 25, 2019 SUBJECT: Approval of Agreement for Transit Advertising Services between Indian River County and Sunup Advantage, LLC It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 5, 2019. DESCRIPTION AND CONDITIONS Indian River County is the Designated Recipient of state and federal transit funding for the Sebastian -Vero Beach urbanized area. Those funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider, which operates the GoLine (fixed route) and the Community Coach (demand response) transit services. Throughout the United States, transit systems use advertising revenue as a potential additional source of funding. In 2012, the County began a program that allowed advertising to be placed on GoLine and Community Coach transit vehicles and used the revenues as an additional source of local funds to support the transit system. Management of the advertising program is performed by a third party, who is selected through a Request for Proposals (RFP) process. Revenues from the transit advertising program are used as a second source, in addition to the County's General Fund, for the required local match to state and federal grants. Although revenue varies from year to year, the program has generated an average of $34,000 each year since it began in 2012. In 2018, the original contract expired, and county staff initiated an RFP selection process for a new transit advertising manager (RFP# 2018071). At its November 13, 2018 meeting, the Board approved the selection of SunUp Advantage, LLC for management of the County's transit advertising program. Since then, County and SRA staff have negotiated an agreement with SunUp Advantage, LLC (See Attachment #1). The term of the agreement is for three years with an optional three-year C:\Users\legistar\AppData\Local\Teirip\BCL Technologies\easyPDF 8\@BCL@300E77B2\@BCL@300E77B2.docx 108 extension, at the County' s discretion. According to the agreement, SunUp Advantage will submit to the County each month a minimum payment of $500 plus 34% of gross advertising revenues. FUNDING The transit advertising program is a revenue contract and will not require any County funds. The Federal Transit Administration (FTA) requires that funds received through transit advertising be used for the transit system. In previous years, transit advertising has generated an average of $34,000 in annual revenues. These funds are used to supplement the county general funds for the required local match to state and federal grants. RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached Agreement for Transit Advertising Services between the County and SunUp Advantage, LLC, make any necessary changes, and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Agreement for Transit Advertising Services C:\Users\egistarVAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300E77B2\@BCL@300E77B2.docx 1119 AGREEMENT FOR TRANSIT ADVERTISING SERVICES INDIAN RIVER COUNTY and SUNUP ADVANTAGE, LLC THIS AGREEMENT FOR TRANSIT ADVERTISING SERVICES ("Agreement") entered into this day of February, 2019, by and between the Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960, hereinafter referred to as the "COUNTY," and Sunup Advantage, LLC, a Florida limited liability company, whose address is 1515 Indian River Blvd, Suite A 236, Vero Beach, Florida, 32960, hereinafter referred to as the "CONTRACTOR." WITNESSETH THAT: WHEREAS, COUNTY has publicly submitted a Request for Proposal (RFP), #2018071, for services to manage the sale and placement of advertising on County public transit vehicles; and WHEREAS, CONTRACTOR timely submitted a Proposal for Transit Advertising Services that meets the standards set forth in the RFP; and WHEREAS, CONTRACTOR and COUNTY desire to enter into this Agreement to perform such services for a three year period subject to the terms of this Agreement. NOW, THEREFORE, in accordance with the mutual terms, understandings, conditions, promises, covenants, and payment hereinafter set forth, and intending to be legally bound, the parties hereto agree as follows: Article 1. Purpose 1.1 The purpose of this Agreement is for CONTRACTOR to administer and carry out the day- to-day functions associated with interior and exterior advertising on COUNTY transit vehicles. During the course of this Agreement, the buses that have inside TV monitors will be phased out and replaced with buses that have room for slide in placard type advertisements. This Agreement shall cover the TV monitors as they are phased out and the new slide in placards. Article 2. Scope of Work 2.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages CONTRACTOR to procure, sell, install, and maintain advertising on transit vehicles for COUNTY in accordance with and for the compensation specified in Exhibit A, Scope of Work/Services, Exhibit B, Proposed Payment Schedule, and Exhibit C, Advertising Standards, all of which are attached hereto and incorporated herein. 110 Article 3. Additional Contractor Responsibilities 3.1 A Coordinator shall be appointed by the CONTRACTOR to coordinate the program with COUNTY. The name, address, and contact information for the Coordinator is: Name: Donald Wright Address: 1515 Indian River Blvd., Suite A236 Vero Beach, FL, 32960; Phone (772)569-7777; email: verodwright@gmail.com. 3.2 CONTRACTOR shall be responsible for keeping exterior advertisements in good condition, free from fading, tears and peeling. 3.3 In all cases, CONTRACTOR shall notify the PROJECT MANAGER at least five (5) days in advance whenever CONTRACTOR requires access to a transit vehicle for the installation and/or removal of advertising media. 3.4 COUNTY reserves the right to remove a vehicle from its normal, regularly scheduled service for any reason, including but not limited to age, useful life, safety concerns, or accidents. In the case that a vehicle with advertising is removed from service, the installation of replacement advertising on a different vehicle shall be at the expense of CONTRACTOR with the COUNTY paying for the cost of the advertising materials (vinyl). 3.5 CONTRACTOR shall furnish a monthly report of gross billings to COUNTY along with payment. If payments were received by CONTRACTOR from a single client for other advertising media (such as radio, television, billboards, internet, etc) as part of a campaign or sales package, then CONTRACTOR will clearly identify only those revenues that were obtained for transit advertising. 3.6 This Agreement authorizes CONTRACTOR to procure advertising solely on the exterior of COUNTY vehicles and slide in placards on the interior of the bus and not on any bus facilities, on publications, or within vehicles as panel displays, or in any other format, unless approved by PROJECT MANAGER. Article 4. Additional County Responsibilities 4.1 A PROJECT MANAGER shall be appointed to coordinate the program with CONTRACTOR. The PROJECT MANAGER may be an employee of COUNTY or its designated transit provider, the Senior Resource Association (SRA), and may be changed at any time in writing by the COUNTY. Such change shall be given in writing to Contractor within seven (7) days of PROJECT MANAGER change. The name, address, and contact information for the PROJECT MANAGER is: Karen Deigl, Senior Resource Association, 4385 43rd Avenue, Vero Beach, FL, 32967; Phone (772)569-0903; Email kdeigl@sramail.org. 4.2 Nothing shall preclude COUNTY from adding, modifying, or deleting any transit route. Additions, modifications, or deletions of transit routes will not impact COUNTY's 111 responsibilities with respect to this contract. The COUNTY reserves the right to exclude placing advertising on any individual buses or routes for any reason. 4.3 COUNTY shall make a good faith effort to deploy specific vehicles on particular routes when requested. COUNTY reserves the right to replace vehicles on routes as it deems necessary. 4.4 At times, the COUNTY may be approached directly by an entity interested in sponsoring a specific bus or route in connection with a grant from the Florida Department of Transportation or similar government agency. The County reserves the right to offer advertising on a bus in exchange for sponsoring a bus or a route and that advertising shall not be deemed to fall under this Agreement and CONTRACTOR shall have no right to compensation under such circumstances. In such a case, the COUNTY shall not require the removal of any existing advertising on any vehicle subject to this agreement. The COUNTY will refer all other entities wishing to advertise on buses to CONTRACTOR and any advertisements that result from the referral will fall under this Agreement. Article 5. Special Terms and Conditions 5.1 Termination. This Agreement may be terminated for convenience by mutual agreement of both parties. This Agreement may also be terminated by COUNTY for cause, default, or negligence on the part of CONTRACTOR. In the event of termination by COUNTY for cause, CONTRACTOR shall provide payment in accordance with Exhibits A and B attached to this agreement, which shall be the pro rata monthly minimum payment, plus the percentage of gross revenues, upon termination of this Agreement. 5.2 Subletting of Contract. This Agreement shall not be sublet except with the written consent of COUNTY. No such consent shall be construed as making COUNTY a party to the subcontract or subjecting COUNTY to liability of any kind to any subcontractor. No subcontract shall under any circumstances relieve CONTRACTOR of liability and obligations under this Agreement. 5.3 Insurance. 1. CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by COUNTY's representative. 2. CONTRACTOR shall maintain during the term of this Agreement the following insurance: A. Business Automobile Liability Insurance covering all owned, non -owned and hired vehicles with minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and property damage. 112 B. Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for bodily injury and property damage. C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereinafter amended. The policy must include Employers Liability with a limit of $100,000 for each accident, $500,000 for disease (policy limit), and $100,000 for disease (employee limit). 3. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A.M. Best rating of no less than A -VII. 4. CONTRACTOR shall furnish certificates of insurance to COUNTY prior to the commencement of operations, which certificates shall clearly indicate that CONTRACTOR has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to COUNTY. 5. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this section or under any other portion of this Agreement. 5.4 Indemnity. In consideration of the sum of Fifteen and 00/100 Dollars ($15.00), the receipt and sufficiency of which is acknowledged by CONTRACTOR to be included and paid for in the contract price, CONTRACTOR shall indemnify, defend, and hold harmless COUNTY and its agents and employees from and against all liabilities, claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense: a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom; and b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by COUNTY. In any and all claims against COUNTY or any of its agents or employees, by any employee of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts. 113 5.5 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that CONTRACTOR or employees or contractors of CONTRACTOR are in no way to be considered employees of COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 5.6 Acceptance of Goods and Services. Any goods and/or service(s) rendered under this Agreement may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, COUNTY reserves the right to require corrective action as appropriate which may include, but is not limited to, ordering re -performance of service or the termination of the Agreement for default. 5.7 Public Records. All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the provider for or on behalf of COUNTY shall be the property of COUNTY and will be turned over to COUNTY upon request. In accordance with Florida "Public Records" law, Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of COUNTY are public records available for inspection by any person even if the file or paper resides in CONTRACTOR' s office or facility. CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with federal requirements, whichever is longer. Prior to the closeout of the Agreement, CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the user COUNTY department. 5.8 Right to Audit. COUNTY reserves the right to require CONTRACTOR to submit to an audit by any auditor of COUNTY's choosing. CONTRACTOR shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to COUNTY for three (3) years following expiration of the Agreement. CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by COUNTY to ensure compliance with applicable accounting and financial standards. 5.9 Codes and Regulations. All work completed under this Agreement shall conform to all applicable federal, state, and local statues, codes, regulations, and ordinances. 5.10 Venue. The laws of the State of Florida shall govern this agreement. 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 federal jurisdiction, in the United States District Court for the Southern District of Florida. 5.11 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor under a contract with any public entity in excess of 114 the threshold amount provided in Florida Statutes, section 287.07 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Article 6. Duration of Agreement 6.1. This Agreement shall remain in full force and effect for a period of three (3) years after its date of execution with one three (3) year renewal period. Article 7. Entire Agreement 7.1 This Agreement and its Attachments hereto embody the whole agreement of the parties, and there are no provisions, terms, conditions, or obligations other than those contained herein. This agreement shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effective unless reduced to writing and signed by the parties hereto. Article 8. Prohibited Interests 8.1 No member, officer, or employee of COUNTY during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by CONTRACTOR concerning this project. Article 9. Miscellaneous Provisions 9.1. The terms of this Agreement may be modified upon the mutual agreement of CONTRACTOR and COUNTY as confirmed in writing. 9.3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 9.4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 115 IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments to it and have affixed their signatures, effective on the date first appearing above. SUNUP ADVANTAGE, LLC INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: BY: Donald N. Wright, Manager Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk to the Board BY: Deputy Clerk Approved as to Form and Approved for BCC Agenda: Legal Sufficiency William K. DeBraal Jason E. Brown Deputy County Attorney County Administrator 116 Exhibit A STATEMENT OF WORK & SCOPE OF SERVICES The purpose of this solicitation is to acquire services from qualified and experienced firms who will be responsible for the management of the advertising program on public transportation vehicles in Indian River County. These services include sales, installation, invoicing, maintenance, customer service, and removal of ads on the exterior of vehicles in the public transportation fleet. General Information Indian River County's public transportation system consists of the GoLine fixed route system and the Community Coach demand response service. Both GoLine and Community Coach operated under contract by the Senior Resource Association. At this time, GoLine consists of 15 routes (one vehicle per route) throughout Indian River County. A copy of the current route map and schedule is attached (see Attachment B). Community Coach provides door-to-door service throughout Indian River County. Typically, 13 Community Coach vehicles are in operation on weekdays (and five vehicles on Saturdays). Community Coach operating hours are the same as GoLine. The combined GoLine/Community Coach fleet, including spares, consists of 56 vehicles. Most of these vehicles were purchased through grants to the County by the Federal Transit Administration (FTA). Length of Contract The contract will be for a period of three (3) years. Prior to, or upon completion, County shall have the option to renew this contract for one additional three (3) year period. Prior to completion of each exercised contract term, County may consider an adjustment to price. County reserves the right to reject any written price adjustments submitted by Contractor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a prerogative of County and not a right of Contractor. This prerogative will be exercised only when such continuation is clearly in the best interest of Indian River County. Project Requirements As noted above, the project involves providing advertising services for the Indian River County transit system. Although this is not a contact to procure services using FTA funds, the County, as an FTA recipient, is required to follow FTA regulations regarding all procurement and contracting. Consequently, certain federal requirements (such as equal employment opportunity provisions) will apply to the contract for this project. These requirements are 117 contained in Appendix A of the RFP. Scope of Services 1. TRANSIT ADVERTISING SERVICES 1.a 1.b Contractor shall furnish all necessary sales, installation and maintenance personnel, and an account representative, authorized to act hereunder on behalf of Contractor. The responsibilities of Contractor shall include: • Aggressive sales of advertising display space on GoLine and Community Coach buses and publications. • Billing for and collection of sold advertising space. • Preparation and submittal of related financial and operating reports. • Placement and maintenance of advertising materials, including preparing of advertising materials for installation, scheduling of work and removing expired materials, to be performed at Contractor's sole expense. All advertising materials, advertisements and manner of presentation shall be subject to prior approval by the Project Manager. Contractor shall not place advertising which is libelous, slanderous, obscene, salacious, or unlawful. Advertising, advertisements, or a manner of presentation which negatively impacts the transit system is not permitted. Advertising for tobacco, liquor of any type, political messages, or any other inappropriate advertising is prohibited. 1.c All permissible exterior formats are shown in Attachment D, Bus Diagrams and Advertising Standards. 1.d 1.e Contractor's advertising standards shall be incorporated into any resulting Contract and shall be made a part hereof. Contractor shall solely be responsible for the implementation and enforcement of said advertising standards. Contractor shall not modify or amend its advertising standards, which are to be submitted with the proposal and shall become a part of this Contract, without first obtaining the prior written consent of the Project Manager. This may require an Amendment to the Contract prior to implementation. At his/her sole discretion, the Project Manager may disapprove at any time any items found to be in violation of the standards stated in Section 1.d above. As soon as practicable, but in no instance more than five (5) days after receipt of notice, Contractor, at its sole cost and expense, shall remove from County property any item which is not approved. Any items previously approved, which may subsequently be considered 118 objectionable by the SRA or County, shall likewise be removed after notice to Contractor by the Project Manager. If the disapproved material is not removed within the time prescribed, County may cause said material to be removed and Contractor shall pay all costs and expenses incurred to have said material removed. County shall not be liable for any damages in connection therewith. Refusal by Contractor to remove said material shall be considered a default of this Contract. The Contract shall then be considered as terminated by the corrective action on the part of County including reimbursement of all costs and expenses to County. If, after prior Project Manager approval, the ad content is subsequently deemed to be unacceptable, Contractor shall have the capability to recoup its costs for production and installation of the disapproved material. Contractor shall have the right to deduct these amounts from its monthly payment to County. 1.f All dated messages or messages featuring a special event shall be removed within seven (7) days of the date shown on the advertisement or date of the event. 1.g Contractor shall at all times comply with any policy, program, rule, ordinance or resolution adopted or enacted by County, and as may be amended from time to time, relating to County's policy on advertising/speech on the bus fleet. In the event that County shall determine that no Public Service Announcements may be made and/or that only commercial speech shall be permitted, Contractor shall adhere to and enforce County's policy and shall take all steps necessary to remove any non -conforming advertisements, statements, exhibits, etc. 1.h Contractor shall not solicit or engage in any form of advertising on bus stop signs, bus shelters, benches, trash receptacles, or any other fixed bus stop amenities. 2. COMPENSATION TO COUNTY 2.a On a monthly basis, Contractor shall pay as compensation to County, without set off, deduction, diminution, reduction, abatement or counterclaim, except as expressly provided herein, the following: • The specified minimum monthly payment as specified in Contractor's Revenue Proposal; plus • The percent of Contractor's gross advertising revenues as defined below and as specified in Contractor's Revenue Proposal. 2.b The gross advertising revenues referred to above shall be the gross revenues derived by Contractor, or any subsidiary, affiliate, agent, assignee, contractor, licensee, transferee 119 or lessee of Contractor from the display of advertising material on or in the buses, herein authorized. The gross revenues shall be calculated on the basis of total amounts contracted for by the advertisers for the display of advertising materials, whether paid directly to Contractor, to a subsidiary or affiliate of Contractor, or to a third party. Agency fees or any other fees, whether actually paid by Contractor or whether deducted from the amount of revenue received by Contractor shall not be deducted from gross advertising revenues. The gross revenues shall include any amount, the equivalent of which Contractor, a subsidiary or affiliate of Contractor, or a third party may have received from the advertiser in the form of materials, services, or other benefits, tangible or intangible. All agreements made by Contractor in connection with the display of advertising material on or in said buses shall provide that the U.S. Department of Transportation, the Comptroller General, County, or SRA shall have access to the books of account and records of all parties to such agreements for the purpose of ascertaining the correctness of gross advertising revenues. 2.c Contractor agrees to use its best efforts to obtain the fair market value for the display of all advertising material. 2.d Contractor agrees to include in all its contracts for the display of advertising material a standard provision requiring that should Contractor be held in default under this agreement, Contractor shall assign and transfer to the successor contractor all applicable contracts for advertising on GoLine/Community Coach items (i.e., buses- (internal and external)), and such contracts shall thereupon become the property of the successor contractor. 2.e Compensation shall be sent to County monthly within fifteen (15) days after the end of the month except in the case of the last payment when compensation shall be paid within thirty (30) days after the termination, cancellation or expiration of this Contract. Each payment shall be based on the gross receipts for the month immediately preceding the date of payment, which will include the percentage of gross advertising revenue plus the minimum payment as identified in 2.a. 2.f Payments of compensation made by Contractor to County pursuant to the provisions of this Contract shall not be considered in any manner to be in the nature of a tax, but shall be in addition to all taxes of whatsoever kind or description which are now or which may thereafter be required to be paid by any ordinance or local law of Indian River County or any Municipality or City within County, or any law of the State of Florida or any law of the Federal Government of the United States. Payment of compensation shall be in addition to any permit fees required by law. 2.g In the event the Contractor fails to pay any of the monies required to be paid under this contract within thirty (30) days after same shall become due, interest at the rate of 1.5% per month, or eighteen percent (18%) per annum, shall accrue against the delinquent payment(s) from due date until same are paid. Implementation of this provision shall not 120 preclude County from terminating this contract for default for nonpayment, or from enforcing any other provisions contained herein. 2.h Project Manager reserves the right to remove vehicles from service, substitute vehicles, reassign vehicles, or otherwise deploy vehicles as needed for the safe and efficient operation of the transit system regardless of the impact to the advertising program. 2.i In the event a bus is out -of -service for a period of ten (10) continuous operating days or longer, the monthly fee shall be reduced proportional to the number of service days in which the bus was not operational. In the event a reduction is due in the last month of the contract, County will issue a refund. 3. REPORTING REQUIREMENTS 3.a Contractor shall submit to the Project Manager for approval a proposed record and reporting system to substantiate billing, sales, commissions and payments. 3.b On or before the fifteenth (15) day following the end of each calendar month throughout the term of this Contract or any extension thereof, Contractor shall furnish to the Project Manager a report of gross billings; display type; total space availability; total space sold; advertisement expiration date(s); and total space used for public service advertisement. 3.c Contractor shall, within ninety (90) days of each anniversary date of this Contract, submit to the Project Manager a report prepared and signed by an independent Certified Public Accountant, as to Contractor's operations under this Contract. Said report shall be prepared in conformance with the American Institute of Certified Public Accountants' requirements for special reports. The first such report shall contain twelve (12) full calendar months of operation and any fraction of the first month. The last such report shall include the last day of operation. 4. RATES 4.a Contractor shall establish rates and charges of the rental of advertising space in/on buses. All rates and charges shall be subject to review and approval by the Project Manager. 4.b County recognizes that the sale of advertising display space is frequently subject to negotiation. Therefore, Contractor may enter, with the Project Manager's prior approval, into advertising contracts which deviate from the approved sales rate, provided that the deviation is within normal and customary practices of the advertising industry. 5. BUS ADVERTISING MEDIA 5.a Exterior media shall be a 3M or equivalent approved vinyl, as approved by the Project 121 Manager, that is either removable or changeable on fleet vehicles. Any change of vinyl product shall be approved by the Project Manager. 6. MAINTENANCE BY CONTRACTOR 6.a Contractor shall not deface or damage any County property or deposit or scatter any rubbish, waste or litter caused by any of its representatives or employees during the performance of this Contract. 6.b Contractor will maintain all advertising devices and keep them in good repair and free of graffiti at all times. 6.c Contractor shall reimburse County for the cost of repairs for any damage to the bus or any other property which is caused by Contractor, its employees, and agents during the installation or removal of any advertising media. The cost of the repairs shall include all material and labor. Labor cost shall be at the current rate plus fringe benefits. 6.d All application and maintenance of advertising media shall be performed on County's premises. In no event shall Contractor remove a bus from County facilities. County shall make available to Contractor suitable space for the application and maintenance of advertising. 7. MANAGEMENT OF PRE-EXISTING ADVERTISING CONTENT CONTRACTS 7.a Contractor is required to provide management services for all previously existing advertising contracts which are scheduled to continue beyond the starting date of the contract resulting from this RFP. This will include maintaining the advertising media, servicing the account as if Contractor was the original seller of the material, collecting payments from the client, reporting to and paying SRA the collections made and removing the advertising when the advertising contract expires. 7.b Upon termination of this Contract, Contractor agrees to assign to its successor advertising contractor all active advertising content contracts on County's buses and such content contracts shall thereupon become property of the successor advertising contractor. The Successful Proposer will be engaged to perform services under an agreement as an independent contractor, and not as an agent, of Indian River County. 122 Exhibit B Sunup Payment Schedule Month Minimum Monthly Payment Percent Gross Revenue 1-36 $500 Plus 34% 123 Exhibit C ADVERTISING STANDARDS This advertising program for public transit vehicles is created and administered by Indian River County, Florida. The advertising program is intended to be a nonpublic forum and is not intended to be used for public discourse. The purpose of the program is to raise revenue for public transportation in Indian River County. Commercial advertising is permitted on designated areas of transit vehicles in accordance with the commercial advertising standards, rules, and policies. The display of material pursuant to this advertising program does not necessarily state or reflect the opinion, viewpoint, or position of Indian River County, its Board of County Commissioners, or its employees, and shall not be construed as an implicit or explicit endorsement of any opinion, viewpoint, position, service, product, or good. 1. All advertising must be reviewed and approved by COUNTY prior to placement in the transit system, and any advertising placed without prior County approval is subject to immediate removal. 2. The following kinds of advertisements are prohibited: a. Advertising associated with cigars, cigarettes, e -cigarettes, vaping, pipe tobacco, chewing tobacco, and other tobacco products. b. Advertising associated with alcoholic beverages, including but not limited to beer, wine, and distilled spirits. c. Advertising associated with products or services related to human reproduction or sexuality, including but not limited to contraceptive products or services, other products or services related to sexual hygiene and counseling with regard to pregnancy, abortion, or other sexual matters. d. Advertising associated with products, services, or entertainment directed to sexual stimulation. 3. The following categories of advertisements are prohibited: a. Demeaning or disparaging. Advertisement containing material that demeans or disparages an individual or group of individuals on the basis of race, color, religion, national origin, ancestry, gender, age, disability, ethnicity, or sexual orientation. b. Profanity. Advertisement containing profane language. c. Firearms. Advertisement containing an image or depiction of firearms. d. Violence. Advertisement containing an image or description of graphic violence or the depiction of weapons or other implements or devices associated with an act or acts of violence or harm to a person or animal e. Unlawful goods or services. Advertisement or any material contained in it, which promotes or encourages, or appears to promote or encourage, unlawful or illegal goods or services. f. Unlawful conduct. Advertisement or any material contained in it, which promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities. 124 g. Nudity. Advertisement or any material contained in it, which has an image or depiction of nudity, or the appearance of nudity. h. Endorsement. Advertisement or any material contained in it, which implies or declares an endorsement by COUNTY or the Board of County Commissioners. i. Political. Advertisement which includes but is not limited to advertisements identifying and urging support for or in opposition to a particular issue, party, or candidate for public office. j. "Adult" -oriented goods or services. Advertisement which promotes or encourages, or appears to promote or encourage, adult book stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites, and escort services. k. Potential Danger. Advertisement which displays the word "stop", "drive", "danger" or any other word, phrase, symbol, lighting, or any device or any components thereof, or character likely to interfere with or mislead pedestrian or vehicular traffic. 125 Attachment A Required U.S Department of Transportation Federal Transit Administration (FTA) Contract Clauses The following clauses will be applicable to any agreement awarded under this solicitation: Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(1), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. 2. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $150,000. 3. Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the 126 event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11) and as consistent with State Public Record and Sunshine laws. FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products All contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the current or previous fiscal year using Federal funds. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. 127 (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Breaches and Dispute Resolution Disputes regarding the proposed contract will be handled as follows: Disputes arising in the performance of the proposed agreement which are not resolved by agreement of the parties shall be decided in writing by the County Project Manager. This decision shall be final and conclusive unless within ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the County Administrator. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the County Administrator shall be binding upon the Contractor and the Contractor shall abide by the decision. Performance During Dispute - Unless otherwise directed by the recipient, contractor shall continue performance under this contract while matters in dispute are being resolved. Claims for Damages - Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within ten days after the first observance of such injury or damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the recipient and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the residing State. Rights and Remedies - Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the recipient or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Government Wide Debarment and Suspension (Non Procurement) The Recipient agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA "System for Award Management," http://https.www.sam.gov,.proxyl.semalt.design if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspension requirements, and 2 Reviews the "System for Award Management" at http://https.www.sam.gov,.proxyl.semalt.design if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (2) If the Recipient suspends, debars, or takes any similar 128 action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel, Civil Rights Requirements 1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor will agree that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity - The following equal employment opportunity requirements will apply to the proposed contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Consultant agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3) The Contractor will also agree to include the foregoing requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 129 Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. If a separate contract goal has been established, Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Privacy Act 1) The Contractor will agree to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor will agree to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor will understand that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 2) The Contractor will also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 130 Prompt payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient. This clause applies to both DBE and non -DBE subcontracts. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. 131 CONSEN INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM a4 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Kendra Cope, M.S., Coastal Environmental Specialist SUBJECT: Work Order No. 2018029-2 APTIM Environmental and Infrastructure, Inc. Sector 5 Beach Restoration Project 2019 Pre -Construction Sea Turtle Monitoring Services DATE: January 25, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with Aptim Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. Ecological Associates Inc., (EAI) is APTIM's Sub -Consultant for sea turtle related monitoring. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. This area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a Targe -scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County has been issued two Project Worksheets (PW) by FEMA for Sector 5 beach re - nourishment. The Hurricane Matthew PW #808 has been obligated and the Hurricane Irma PW #3025 is under FEMA/Environmental Planning & Historic Preservation Review (EHP). This FEMA funding will aid the County in recovering associated storm losses within the project area. The proposed Work Order No. 2018029-2 provides 2019 pre -construction biological monitoring services relative to sea turtle monitoring and reporting of the Sector 5 Beach Restoration Project, expected to begin November 2019. The 2019 pre -construction monitoring entails the following: • Daily nesting surveys and nest monitoring • One nighttime lighting survey • Late season nest relocations — if necessary • State reporting C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E6268\@BCL@600E6268.docx 132 Page 2 BCC Agenda Item Sector 5 Beach Restoration February 5, 2019 Work Order No. 2018029-2 services will be conducted by the consultant at a fixed rate cost not to exceed $76,368.09. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for $76,368.09 is budgeted and available for the Sector 5 Beach Restoration Project in the Beach Restoration Fund, Hurricane Matthew Account - Sector 5, No. 12814472-066510-17001. With the issuance of FEMA Project Worksheets (No.00808 — Hurricane Matthew, No.3025 — Hurricane Irma), project related design, permitting, and construction expenses are eligible for up to 87.5% in Federal and State cost share. Additionally, although a Florida Department of Environmental Protection grant funding has not been appropriated for the Sector 5 Beach and Dune Restoration Project to date, Work Order No. 2018029-2 is eligible for 46.65% cost share reimbursement if State funds become available. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018029-2 to the contract with APTIM Environmental and Infrastructure, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT APTIM Work Order No. 2018029-2 APPROVED AGENDA ITEM FOR: FEBRUARY 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@600E6268\@BCL@600E6268.docx 133 WORK ORDER NUMBER 2018029-2 SECTOR 5 (VERO BEACH) BEACH AND DUNE RESTORATION PROJECT 2019 PRE -CONSTRUCTION SEA TURTLE MONITORING SERVICES This Work Order Number 2018029-2 is entered into as of this day of , 2019 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, Inc., nfk/a Aptim Environmental & Infrastructure, LLC, ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, 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 2, 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 2, 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 1.3 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 Aptim Environmental & Infrastructure, LLC OF INDIAN RIVER COUNTY BY: nviA (6- (6 - By: Thomas P. Pierro, P.E., D.CE Bob Solari, Chairman Title: Director of Operations Date: 1/2q{ botc Attest: Jeffrey R. Smith, Clerk of Court and Comptrol ler By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 134 Exhibit A APTIM January 24, 2019 Ms. Kendra Cope Indian River County Sea Turtle Coordinator 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL 2019 Sea Turtle Monitoring Sector 5 — 2018029 — Work Order #2 Dear Kendra: Aptim Environmental & Infrastructure, LLC. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc. n/k/a Aptim Environmental & Infrastructure, LLC. (APTIM) to provide professional services to Indian River County (the County) for permit - required sea turtle monitoring for 2019 in support of the Sector 5 Beach and Dune Restoration Project. The sea turtle monitoring will be managed and coordinated by APTIM, and conducted byAPTIM's approved subconsultant, Ecological Associates, Inc. (EAI). The cost was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services for the Sector 5 Beach and Dune Renourishment Project (RFQ#2018029). Scope of Work APTIM will oversee the scope of work proposed by EAI and provide the necessary administrative coordination to the County. The 2019 sea turtle monitoring effort along the approximate 3.5 mile shoreline within the Section 5 Project Area will provide baseline data for the project. The project is anticipated to commence following the nesting season and will support long-term monitoring efforts for sea turtles along the County's beaches. EAI has provided the enclosed proposal and cost breakdown for sea turtle monitoring tasks and are summarized as follows: Scope of Work Tasks 1-2: Mobilization and Management Tasks 3a -3b: Sea Turtle Nesting Surveys and Data Management Task 4: Nest Marking and Monitoring Task 5: Nighttime Lighting Evaluation Task 6: Late Season Nest Relocations Task 7a -7b: Reporting Fee Proposal The lump sum cost for this work is $76,368.09. ProJ.#631004050 135 AAPTIM January 24, 2019 Page 2 of 2 Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide professional services to the County. Please do not hesitate to call if you have any questions. Sincerely, Stacy Buck Lead Marine Biologist Aptim Environmental & Infrastructure, LLC. Enclosure cc: Thomas Pierro, P.E. D.CE, APTIM Jordon Cheifet, P.E., APTIM Debbie Neese, APTIM A APTIM Authorized Corporate Signature Thomas Pierro Printed Name Director of Operations Title Sector 5 - 2018029 - Work Order #2 2019 Sea Turtle Monitoring Indian River County, FL Summary of Cost by Task Stitt REVISION: 2018 - REV 18 3 PROJECT SWAMI: 631004050 Task Number Task Name Labor Sub -Equipment contractors Labor Hours Materials Mobilization! Travel Totals Task 1 Sectors 2019 Sea Turtle Moneoeng $ 1200.00 $ 75.168.09 $ - $ - $ - $ 76,368.09 Submitted Di: Stacy Buck Submitted lb: Indian River County Stmmkabn mfr 1/24/2019 Labor Title Labor Bill Rate Sector 5 2019 Sea Turtle fllbnitoring Task 1 Labor Hours Cost Sr. Marine Biologist $ 150.00 8 $ 1,200.00 Subcontractors $ 71,588.66 5% coordination of Subcontractors $ 3,579.43 Equipment - - $ - Materials - - $ - Mobilization/Travel - - $ - TOTAL - 8 $ 76,368.09 Submitted By: Submitted To: Submission Date: Stacy Buck Indian River County 1/24/2019 Sector 5 —2018029 — W0#2: 2019 Sea Turtle Monitoring Pro]. #531004050 136 Ms. Stacy E. Buck Senior Marine Biologist APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Dear Ms. Buck: ..SAI ECOLOGICAL ASSOCIATES, INC. January 18, 2019 Ecological Associates, Inc. (EAI) is pleased to submit its Cost Proposal and Scope of Work for providing professional environmental services in support of Indian River County's Sector 5 Beach and Dune Restoration Project. The new task is for sea turtle monitoring along approximately 3.5 miles of beach within the Sector 5 Project Area during the 2019 sea turtle nesting season, as described in the Scope of Work presented below. This monitoring will provide baseline data for the project, anticipated to commence following the nesting season, and support long-term monitoring efforts for sea turtles along the County's beaches. SCOPE OF WORK A. Mobilization and Management (Tasks 1-2). The Project Area extends approximately 3.5 miles from FDEP R-70 near Mariner Beach Lane to R-86 near Bay Oak Lane. Pre-existing survey zone boundaries will be verified and re -marked and project -specific data sheets and a database will be created. An EAI project manager will oversee all fieldwork and data management operations and consult with APTIM on permit requirements, as necessary. A project schedule, as well as field survey schedules, will be created and maintained throughout the life of the project. All equipment and supplies necessary to successfully implement this Scope of Work are available. B. Sea Turtle Nesting Surveys and Data Management (Tasks 3a -3b). Daily morning sea turtle nesting surveys will be conducted beginning March 1, 2019 and will continue uninterrupted through September 30, 2019. Thereafter, daily surveys will continue if construction of the Sector 5 project is scheduled to occur in November. If construction will not occur in November, daily surveys will be discontinued and sea turtle monitoring will be performed three days per week until the last marked nest has been evaluated. Late season surveys to check existing marked nests, perform 137 Ecological Associates, Inc. — Cost Proposal and Scope of Work 2 reproductive success evaluations, and relocate new nests (August 28 through approximately December 10) will be charged at a daily rate. Surveys will commence within 30 minutes of sunrise. Monitoring will be performed by EAI staff or Indian River County staff either on foot or using ATVs (County staff have agreed to perform the surveys three days per week). All emergences (turtle crawls) apparent from the previous night will be interpreted to determine which species of turtle came ashore and whether or not it nested. Crawls will be denoted as being above or below the previous high tide line. The approximate geographic location of each crawl will be determined by GPS (sub -meter accuracy). In addition to segregating crawls into nesting and non -nesting emergences (false crawls), each false crawl will be assigned to one of the following categories denoting the stage at which the nesting attempt was abandoned: no digging, abandoned body pit, or abandoned egg cavity. Any obstacles encountered by turtles during their crawls will be documented. Disorientation Reporting. During the course of daily monitoring, any evidence of hatchling misorientation or disorientation from either marked or unmarked nests will be documented using FWC's electronic Marine Turtle Hatchling Disorientation Incident Report Form. Based on track evaluations, an estimate of the number of hatchlings disoriented will be recorded and light sources potentially responsible for the disorientation identified. Information concerning each incident will be forwarded by email to Indian River County so appropriate remedial action may be taken. Stranding and Salvage. A requirement of FWC sea turtle permit holders conducting nesting surveys is to respond to the stranding of sick, injured and dead sea turtles within their survey area. These animals are examined, and if alive, transported to state - approved care facilities. A standard Sea Turtle Stranding and :Salvage data form will be completed and submitted for each stranded animal encountered by EAI. This information will be transmitted to FWC in accordance with established guidelines. State and Federal Authorizations. All sea turtle monitoring and related activities will be performed under FWC Marine Turtle Permit #19-261. Pending approval, this permit will be issued by FWC to EAI Senior Project Manager, Niki Desjardin. All persons engaged in monitoring performed by EAI for Indian River County will be listed on the permit. All data will be subject to rigorous QA/QC protocols and stored in EAI's project - specific database. Monthly summary reports will be furnished to Indian River County. These reports will tabulate the dates and times of monitoring, names of monitoring personnel, numbers of sea turtle emergences by species, and numbers of nests marked and evaluated for reproductive success, as applicable. Monthly reports will be submitted to APTIM on the last day of the month following delivery of services (e.g., March report due no later than April 30). 138 Ecological Associates, Inc. — Cost Proposal and Scope of Work 3 C. Nest Marking and Monitoring (Task 4). A representative sample of nests will be marked for determination of nest fate and reproductive success (not to exceed 100 nests total). Nests will be marked using a series of stakes and surveyor's tape. These nests will be monitored throughout their incubation period to determine nest fate (e.g., hatched, washed out, depredated, vandalized, etc.). After an appropriate incubation period, and in accordance with the FWC Handbook, nests will be excavated to determine reproductive success. Two measures of reproductive success will be calculated: hatching success (the percentage of eggs in the nest that hatch) and emerging success (the percentage of eggs in the nest that produce hatchlings which successfully escape from the nest). D. Nighttime Lighting Evaluation (Task 5). EAI will perform one comprehensive nighttime lighting evaluation within the Project Area during the early part of the nesting season (initial survey) to identify lights not in compliance with local lighting regulations. Each non-compliant light will be identified using a laser -sighted, sub -meter GPS and assigned a Problem Code based on the extent to which it illuminates the beach. A standard facility report (which will include County - specific data fields) will be prepared, identifying each facility and all non-compliant lights. The reports will also include a photo and map (aerial view) of the property, as well as recommendations for appropriate and cost-effective means for correcting each non-compliant light. Reports will be submitted to APTIM within 30 days of the survey. E. Late Season Nest Relocations (Task 6) If construction occurs in November 2019, EAI will relocate nests from the Project Area beginning 65 days prior to the start of construction (beginning as early as August 28). All nests will be relocated before 9am and will be moved to an adjacent beach location with conditions appropriate for sea turtle nest incubation and hatching (no known erosion or lighting problems). Nest relocations will be billed at $152.70 per nest (Based on data provided by Indian River County, EAI estimates 15 nests requiring relocation). F. Reporting (Tasks 7a -7b). 1. Nesting Season Summary: A series of tables and figures showing nesting activity by month, numbers of marked nests, and fates of marked nests as well as results of reproductive success analyses will be prepared and submitted to APTIM within 90 days of the completion of all monitoring activities. 2. Summary Spreadsheet of Sea Turtle Nesting Activity: At the end of the 2019 nesting season, a permit -required Excel spreadsheet summarizing all nesting activity and reproductive success will be prepared and submitted electronically to APTIM, JCP Compliance, and FWC (spreadsheet is only required if nest relocations are performed in advance of construction activities). 139 Ecological Associates, Inc. — Cost Proposal and Scope of Work 4 EAI will submit its monthly billings for the services described above to APTIM in accordance with the fees and schedules set forth in Attachment A. No deposit or advance mobilization fees are required. Ecological Associates, Inc. appreciates the opportunity to be of continued service to APTIM. Should you have any questions regarding the enclosed Scope of Work or associated costs, I can be reached at (772) 334-3729. Sincerely, 4;4 G'S'A.' Niki Desjardin Senior Project Manager c: Stan DeForest/President 140 ATTACHMENT A ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 COST PROPOSAL — January 18, 2019 PROJECT NAME: Sector 5 Sea Turtle Monitoring Program - 2019 (Project No. 19-3019) CLIENT: Ms. Stacy E. Buck 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Phone: (561) 361-3185 * Email: Stacy.Buck@APTIM.com PROJECT DESCRIPTION: Sea turtle monitoring and ancillary professional services in support of the Sector 5 Beach and Dune Restoration Project, as described in EAI's Scope of Work dated January 18, 2019. PROJECT DURATION: March 2019 — February 2020. PROJECT COSTS: All services will be provided at the fixed rates specified below (except where noted), inclusive of all time and materials required to perform the Scope of Work. Task Description Cost 1 Mobilization $1,540.00 2 Project management $3,105.00 3a Daily sea turtle monitoring and data management (March 1— August 27) $23,552.32 3b Sea turtle monitoring and data management (August 28 — December 10). (Daily rate; estimate 105 days at $256.68 per day) $26,951.40 4 Nest marking and monitoring and determination of nest fate and reproductive success (Per nest rate; not to exceed 100 nests) $5,920.00 5 Nighttime lighting survey and report $2,874.44 6 Late season nest relocations (Per nest rate; estimate 15 nests at $152.70 per nest) $2,290.50 7a Summary of sea turtle nesting and reproductive success data (tables and figures only) $1,295.00 7b FDEP permit -required sea turtle monitoring Excel spreadsheet (to be prepared only if nest relocations are performed) $4,060.00 TOTAL (not to exceed) $71,588.66 TERMS: All terms and conditions related to this Scope of Work will be governed under EAI's Work Agreement with APTIM for Environmental and Biological Support Services dated February 9, 2018. 141 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 2/5/2019 Date: To: January 28, 2019 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director — Parks & Conservation Resources From: Beth Powell, Asst. Director, Parks & Conservation Resources Subject: Assignment of License Agreement for Ryall Tract BACKGROUND On June 18, 2013, the County entered into an agreement with current tenant to provide a security presence and other related maintenance activities at the Ryall Tract Conservation Area, aka South Prong Preserve Conservation Area ("Conservation Area"). On December 28, 2018, current tenant notified the County that he would be vacating the property and requested an assignment of the lease. The original License Agreement and subsequent renewals do not expressly prohibit assignment. DESCRIPTIONS AND CONDITIONS: The Ryall Tract is the northern parcel of two parcels comprising the South Prong Preserve Conservation Area. The property was acquired in 2006 under the County's Environmental Lands program, with cost -share funding from the Florida Communities Trust. The 10.1 acre Ryall Tract is located at 7780 85th Street (CR 510) and is improved with a single-family house and a detached shed. The County renovated the house in 2012 to ready it for occupancy with a Sheriff's Deputy in order to provide site security and maintenance. In 2013, the County entered into a license agreement with current lessee, an Indian River County Sheriff's Deputy who resided there until January 9, 2019. In exchange for residing on the property, the Deputy is required to provide a law enforcement presence, maintain both the Ryall Tract yard and the Shadowbrook property, and maintain Brazilian pepper within the Conservation Area. Under the Agreement, proposed assignee would accept the assignment of the Agreement dated June 18, 2013, and all Amendments thereto. The County would grant to the assignee a revocable license to use and occupy the real property and improvements contemplated by attached License Agreement. The Agreement shall take effect on the date approved by the Board of County Commissioners and shall expire on June 18, 2019. This Agreement shall be extended upon mutually agreeable terms, with approval for an additional one (1) year, unless one party notifies the other party in writing of its intent to not renew at least ninety (90) days prior to the expiration of this Agreement. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C8ODFE82\@BCL@C8ODFE82.doc 143 O iZ Because the South Prong Preserve Conservation Area is identified in the Capital Improvement Element of the Comprehensive Plan for improvements beginning October 2019, it is likely that the Agreement will be terminated by the County on June 18, 2019 and continue on a month to month basis until commencement of the design phase of the pending improvement project. The proposed assignee has agreed to be responsible for all elements outlined in the License Agreement, is assuming the property in an as -in condition and agrees to take possession of the premises with the expectation of a relatively short tenancy. FUNDING: No Funding is required to approve this Agreement. RECOMMENDATION: Staff respectfully recommends that the Board accept the Assignment and License Agreement and authorize the Chairman to sign the Consent to Assignment of License Agreement. ATTACHMENT: 1. Assignment and License Agreement and Consent to Assignment of License Agreement 2. Third Renewal and Extension of License Agreement approved June 19, 2018. APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C8ODFE82\@BCL@C8ODFE82.doc 144 ASSIGNMENT OF LICENSE AGREEMENT This Assignment of License Agreement ("Assignment") is entered into this _ day of February, 2019, by and between _ _ ("Assignor"), whose address is 7780 85th Street, Vero Beach, Florida, 32960, and ("Assignee"), whose address is 441 Almansa Street, NE, Palm Bay, FL 32907. WHEREAS, on June 18, 2013, Assignor and Indian River County entered into a License Agreement for two tracts of land known as the Ryall Tract and the Shadowbrook Tract, comprising the South Prong Preserve Conservation Area, depicted on Exhibit A attached and incorporated by reference (the "Property"); and WHEREAS, Assignor and Indian River County entered into a Renewal and Extension of License Agreement on November 18, 2014, a Second Renewal and Extension of License Agreement on August 15, 2017, and a Third Renewal and Extension of License Agreement on June 19, 2018 (the "License Agreement"); and WHEREAS, Assignor desires to assign the License Agreement for the Property to Assignee who is a Deputy in the Indian River County Sheriff's Office; and WHEREAS, the License Agreement, per the Third Renewal and Extension of License Agreement, expires on June 18, 2019; and WHEREAS, Assignee accepts the property as -is and accepts and assumes all terms of the License Agreement; and WHEREAS, the parties are mutually satisfied with the terms of the License Agreement and hereby agree to the assignment of the License Agreement. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. Assignor does hereby assign, transfer and convey unto Assignee all of Assignor's rights and interest in, to, and under said License Agreement. Assignee hereby assumes all of Assignor's duties and obligations under the License Agreement. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and his successors, heirs and assigns. 3. The terms and conditions of the License Agreement shall remain unchanged. 145 IN WITNESS WHEREOF, the parties have executed this Assignment of License Agreement as of the day and year first written above. Signed in the presence of the following witnesses: sign: print name: ASSIGNOR: sign: ASSIGNEE: print name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2019 by , who is either personally known to me or has produced (driver's license or passport) as identification. NOTARY PUBLIC: By: printed name: Commission No.: Commission Expiration: 146 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2019 by , who is either personally known to me or has produced (driver's license or passport) as identification. NOTARY PUBLIC: By: printed name: Commission No.: Commission Expiration: CONSENT TO ASSIGNMENT OF LICENSE AGREEMENT Indian River County as owner of the Property, hereby consents to the assignment of the License Agreement by Assignor, , to Assignee, INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of By: Circuit Court and Comptroller Bob Solari, Chairman Board of County Commissioners By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney BCC approved: Reviewed and Approved by Approved as to form and Florida Communities Trust legality: By: By: print name: print name: title: Department Attorney 147 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT 1s BCC Meeting 02.05-2019 Date: To: January 25, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director, Parks & Conservation Resources From: Beth Powell, Assistant Director, Park & Conservation Resources Subject: Notice of Grant Award from FDEP Land and Water Conservation Fund Grant for Public Access Improvements to the Hallstrom Farmstead Conservation Area — Agreement Number LW695 DESCRIPTIONS AND CONDITIONS: On March 6, 2018, the Board of County Commissioners authorized staff to complete and submit a grant application for the Hallstrom Farmstead Conservation Area Public Use Improvements to the Florida Department of Environmental Protection (FDEP) for the Land and Water Conservation Fund (LWCF). Staff prepared and submitted the grant application for $148,500 with a County match of $148,500. On January 22, 2019, staff was notified that the County's application was recommended for funding and approved by Deputy Secretary, David Clark. The LWCF is a competitive program that provides grants for acquiring or developing land for public outdoor recreational use. The LWCF is a reimbursement grant program administered by the FDEP. Grant funds may be used for outdoor recreation facilities such as picnic areas, trails, ballfields and support facilities such as restrooms and parking. This grant will leverage existing funding outlined in the County's Five Year Capital Improvements for Conservation Lands to construct the parking area, two picnic pavilions, boardwalks and walking trails. Under the grant agreement, the project is required to be completed by September 22, 2022. FUNDING: The total budget of $297,000 for the improvements awarded in this grant is outlined in the 5 -year Capital Improvements Element FY2021/22 of the Comprehensive Plan adopted on December 18, 2018. The funding source for the County's match for this grant ($148,500) will be funded by the Sebastian Harbor Preserve FCT Grant Fund 145. To expedite the project and complete construction within the grant schedule, staff will request the FY2021/22 funding be accelerated to FY2019/2020 under the 2019 update to the Capital Improvement Element of the Comprehensive Plan. The budget and scope of work within the grant application does not include the restroom, water and sewer services. The conceptual site plan has not been developed to a point where detailed cost estimates are available. The scope of work approved by the BCC for MBV Engineering, Inc. Work Order No. 5 to complete the site plan includes the restroom, therefore the budget associated with these elements of the project will be identified on the plans as a future phase. The budget associated with the future phase will be incorporated into a subsequent year of the CIE. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@EOOD4AE3\@BCL@EOOD4AE3.doc 148 RECOMMENDATION: Staff respectfullyrecommends that the Board accept the State of Florida, Department of Environmental Protection Standard Grant Agreement No. LW695 for the Hallstrom Farmstead Conservation Area and authorize the Chairman to execute the Grant Agreement between Florida Department of Environmental Protection Agency and Indian River County. Staff further requests authorization to execute any and all additional grant related documents pertinent to this award. ATTACHMENTS: 1. January 22, 2019 Award Letter 2. LWCF Priority List 3. State of Florida, Department of Environmental Protection Standard Grant Agreement — Agreement Number LW695, plus Attachments 4. FDEP Federal Funding Accountability and Transparency Act Form — Subaward to a Recipient 5. IRC Grant Form APPROVED AGENDA ITEM FOR FEBRUARY 05, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@EOOD4AE3\@BCL@EOOD4AE3.doc 149 January 22, 2019 To the Land and Water Conservation Fund (LWCF) 2017-2018 Awardees, We are writing to inform you that the 2017-2018 Land and Water Conservation Fund Priority List has been approved and signed by Deputy Secretary, David Clark (attached is a copy for reference). Also attached for your internal review is the original LWCF Grant Agreement for your project. Following the completion of your review, if you find this document to be in order, please print two (2) original agreements (single sided), sign and date both, and return the originals to your grant manager listed below. 'lease retur thn Egreements as soon as possible, but no later (30) thirty days from this notice, Once executed by the Department an original will be returned to you for record. FORWARD TO: Ms. Tamika Bass Community Assistance Consultant Florida Department of Environmental Protection Land and Recreation Grants Section 3900 Commonwealth Boulevard, MS #585 Tallahassee, FL 32399-3000 (850) 245-2501 or (850) 245-2156 Tamika.Bass@FloridaDEP.gov • In addition, award recipients must also submit proof of valid insurance or self - certified insurance holdings, as well as the completed, signed, and dated Certification of Insurance Form, prior to executing the grant agreement. • Further, the attached Federal Funding Accountability and Transparency Act Form (DEP 55-230), must also be completed for this grant agreement, per our Department. Note: Make sure that the DUNS number is 9 digits, provide the zip code + 4 digits, the CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#) is: 15.916, provide a brief description of the project, answer all questions, and provide signature, title & date to the Form. If you have any questions regarding the FFATA Form, please contact DEP's Procurement Administrator at 850-245-2361 for assistance. Lastly, if you have grant project related project questions, contact your grant manager directly at the number provided above. 150 LAND AND WATER CONSERVATION FUND APPLICATION PRIORITY LIST FEDERAL FISCAL YEAR 2017-2018 PROGRAM FUNDS AVAILABLE $ 4,330,428.00 ACQUISITION CATEGORY $ 200,000.00 RANK APPLICANT PROJECT AMOUNT AMOUNT COUNTY TIE SCORE REQUESTED RECOMMENDED AMOUNT REMAINING Oakland Park, City of (Park Land Acquisition Project Broward 0 71 1$ 200,000.001 $ 200,000.001 $0.00 AcquisitionTotal: $ 200,000.00 DEVELOPMENT CATEGORY $ 4,130,428.00 RANK APPUCANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PROJECT COUNTY TIE SCORE AMOUNT AMOUNT REQUESTED RECOMMENDED AMOUNT REMAINING Seminole County Spring Hammock Preserve Seminole 0 167 $ 200,000.00 $ 200,000.00 $ 3,930,428.00 Casselberry, City of Secret Lake Park Redevelopment Project Seminole 0 137 $ 200,000.00 $ 200,000.00 $ 3,730,428.00 North Palm Beach, Village of Anchorage Park Palm Beach 0 136 $ 200,000.00 $ 200,000.00 $ 3,530,428.00 Oldsmar, City of Cypress Forest Park Renovation Pinellas 0 135 $ 200,000.00 $ 200,000.00 $ 3,330,428.00 High Springs, City of Memorial Park Expansion Alachua 0 131 $ 200,000.00 $ 200,000.00 $ 3,130,428.00 Pinecrest, Village of Pinecrest Gardens Complex Improvements Miami -Dade 1 125 $ 200,000.00 $ 200,000.00 $ 2,930,428.00 Coconut Creek, City of Sabal Pines Park Broward 2 125 $ 200,000.00 $ 200,000.00 $ 2,730,428.00 Margate, City of Southgate Park Broward 1 124 $ 200,000.00 $ 200,000.00 $ 2,530,428.00 Pinellas County Wall Springs Coastal Additions Pinellas 2 124 $ 200,000.00 $ 200,000.00 $ 2,330,428.00 Riviera Beach, City of Dan Calloway Park Palm Beath 0 118 $ 200,000.00 $ 200,000.00 $ 2,130,428.00 Indian River County Hallstrom Farmstead conservation Area Indian River 0 117 $ 148,500.00 $ 148,500.00 $ 1,981,928.00 Santa Rosa County Fidelis Park Improvements Santa Rosa 0 114 $ 200,000.00 $ 200,000.00 $ 1,781,928.00 Hialeah Gardens, City of Bemie Wilson Park Improvements Miami -Dade 0 113 $ 200,000.00 $ 200,000.00 $ 1,581,928.00 Homestead, City of LosnerPark Miami -Dade 0 112 $ 200,000.00 $ 200,000.00 $ 1,381,928.00 Sunrise, City of Sunrise Athletic Complex Broward 0 110 $ 200,000.00 $ 200,000.00 $ 1,181,928.00 Indian Trails Improvement District Acreage Community Park Palm Beach 0 108 $ 200;000.00 $ 200,000.00 $981,928.00 Pompano, City of KesterPark Broward 0 106 $ 200,000.00 $ 200,000.00 $781,928.00 Palatka, City of Booker Park Putnam 1 99 $ 199,548.00 $ 199,548.00 $582,380.00 Miami Beach, City of Flamingo Park Baseball Field Renovations Miami -Dade 2 99 $ 200,000.00 $ 200,000.00 $382,380.00 David Ctarrk(Depdty Secretar ftor La d ,nd Recreation Development Total: Total Funds $ 3,948,048.00 TOTAL FUNDED: $ Remaining Balance will rollover to next year funding: 3,748,048.00 3,948,048.00 $ 382,380.00 151 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Hallstrom Farmstead Conservation Area Improvements LW695 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Grantee Address: 5500 77th Street, Vero Beach, FL 32960-5523 Entity Type: A Local Government FELD: 59-6000674 (Grantee) 3. Agreement Begin Date: September 24, 2018 Date of Expiration: September 30, 2022 4. Project Number: LW695 (If different from Agreement Number) Project Description: Install a 30' x30' pavilion with concrete floor (includes survey, earthwork and construction). a 21' a 20' pavilion/outdoor classroom with stabilized pervious base floor (includes survey, earthwork and construction); Survey and construct a boardwalk; Create a .3 mile ADA accessible loop trail and a 1.1 mile nature trail; Construct a parking area. Project Location(s): 1601 Old Dixie Highway SW, Vero Beach, FL 32962 5. Total Amount of Funding: $148,500.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): 0 State ®Federal Line Item No. 1686, GAA, FY 2018-2019 $148,500.00 0 State ❑Federal Grantee Match $148,500.00 Total Amount of Funding + Grantee Match, if any: $297,000.00 6. Department's Grant Manager Name: Tamika Bass or successor Address: 3900 Commonwealth Boulevard MS# 585 Tallahassee, FL 32399 Phone: _850-245-2501 Email: tamika.bass@floridadep.gov Grantee's Grant Manager Name: Ms. Beth Powell or successor Address: 5500 77th Street Vero Beach, FL 32960-5523 Phone: 772-226-1873 Email: bpowell@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incoraorated by reference: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions C) Attachment 3: Grant Work Plan B) Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements ® Attachment 6: Program -Specific Requirements ® Attachment 7: LW695 Grant Award Terms (Federal) *Copy available at https://facts.11dfs.com in accordance with §215.985, F.S. ® Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): PI Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form ® Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. LW695 Rev. 6/20/18 152 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): P18AP00600 Federal Award Date to Department: 9/24/18 Total Federal Funds Obligated by this Agreement: $148,500.00 Federal Awarding Agency: National Park Service Award R&D? ❑ Yes 2N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. LW695 Rev. 6/20/18 153 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1 of 11 Rev. 8/28/18 154 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department'sGrant Manager before payment. The Grantee shall work diligently to correct all deficiencies. in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2 of 11 Rev. 8/28/18 155 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: www.mvfloridacfo.com/aadir/reference guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, Attachment 1 3 of 11 Rev. 8/28/18 156 and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. Attachment 1 4 of 11 Rev. 8/28/18 157 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Department must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it Attachment 1 5 of 11 Rev. 8/28/18 158 has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration. or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. Attachment 1 6 of 11 Rev. 8/28/18 159 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to Attachment 1 7 of I 1 Rev. 8/28/18 160 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor .list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Attachment 1 8 of 11 Rev. 8/28/18 161 Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/I ibrarv-archives/records-management/eeneral-records-sched u les/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fld fs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department Attachment 1 9 of 11 Rev. 8/28/18 162 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 l0 of 11 Rev. 8/28/18 163 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 8/28/18 164 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LW695 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Hallstrom Farmstead Conservation Area Improvements. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on or after September 24, 2018, through May 31, 2022, which shall be defined as the Project Completion Date. All work, eligible for reimbursement under this Agreement, must be completed by the Project Completion Date. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur after approval of the final delivereable(s). c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® ® a. Fringe Benefits, N/A. b. Indirect Costs, N/A. ® Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ® ® Rental/Lease of Equipment ® 0 Miscellaneous/Other Expenses. ❑ ❑ Land Acquisition 5. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 8. Match Requirements This Agreement requires at least a fifty percent (50%) non-federal match from the Grantee towards the work funded under this Agreement. Therefore, the Grantee is responsible for providing $148,500.00 towards the Project funded Attachment 2 1 of 3 Rev. 12/11/2018 165 under this Agreement. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. All required matching funds shall meet the federal requirements established in 2 CFR § 200.306 and other federal statutory requirements, as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth in the LWCF Federal Financial Assistance Manual https://www.nps.gov/subiects/Iwcf/Iwcf-mahual.htm). Grantee acknowledges and agrees not to provide ineligible match sources, including real property acquired or funds obtained from any of the following sources: a. Florida Recreation Development Assistance Program (FRDAP), Recreation Trails Program (RTP), and LWCF; b. Donated value of real property acquired prior to Department approval or through Land and Water Conservation Fund; and c. Other state or federal grant or land acquisition programs such as: legislative special interest projects, Save Our Coast Program, Preservation 2000, Florida Forever, Conservation and Recreation Lands Program, Save Our Rivers Program, and Land Acquisition Trust Fund. Real property donated as all, or part of the Grantee's required match must be appraised prior to commencement of the Project. Pursuant to subsection 62D-5.071(9), F.A.C., the Grantee shall submit appraisal(s), obtained at its own expense and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions ("UASFLA"). The appraisal must establish the fair market value of the Project site. Property appraised at $500,000 or less requires one (1) appraisal. Property exceeding $500,000 in appraised value requires a second appraisal. The appraisal(s) shall be dated no earlier than six (6) months prior to the closing date of the LWCF application submission period. The appraisal must be prepared by an appraiser on the list of approved appraisers maintained by the Department's Division of State Lands under the provisions of Sections 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. Property value is based on the purchase price or appraised value, whichever is lower, if two (2) appraisals are required, the property value is lowest of the two appraisals or the purchase price. Appraisal costs shall not be reimbursed under the terms and conditions of this Agreement. If the negotiated purchase price or approved appraised value is greater than the annual appropriation by USDOI, NPS and the Florida Legislature, the Grantee must pay the additional cost. 9. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. d. Other Insurance. None. Attachment 2 2 of 3 Rev. 12/11/2018 166 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of ten percent (10%) of the total amount of the Agreement. 12. Subcontracting.: The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 13. State-owned Land. The work will not be performed on State-owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 15. Additional Terms. None. Attachment 2 3 of 3 Rev. 12/11/2018 167 ATTACHMENT 3 GRANT WORK PLAN LAND AND WATER CONSERVATION FUND PROGRAM (LWCF) Project Name: Hallstrom Farmstead Conservation Area Improvements Grantee Name: Indian River County LWCF Project # LW695 SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the LWCF Application Evaluation Criteria, pursuant to Chapter 62D-5, Florida Administrative Code (F.A.C.). Any alteration(s) to the Project Element(s) as identified in the Grant Work Plan resulting in a change in the total point score of Grantee's Application as it appears on the Recommended Application Priority List for FY17/18 is considered a significant change and must be pre -approved by the Department and requires a formal Amendment to this Agreement. All work must be completed in accordance with the LWCF Program, and local, state and federal laws, the approved Project plans, all required permits, and the Florida Building Code. Prior to the Department issuing a "Notice to Commence" to the Grantee, as specified in Attachment 6 of the Agreement, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task 1. For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project. The Project is located at 1601 Old Dixie Highway SW, Vero Beach, FL 32962 and is considered a "Development Project" pursuant to subsection 62D•5.070(5Xb), F.A.C. Protect Completion: The Project Completion Date for this Agreement is May 31, 2022. Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum Grant Award Amount outlined below. Required match for development projects will be provided by cash, in-kind services, or donated real property, as set forth in subparagraph 62D-5.070(6Xb)1., F.A.C. Required match for acquisition projects will be provided by cash or real property donated, as set forth in subparagraph 62D-5.070(6Xb)2., F.A.C. The total estimated Project cost provided below is based on the approved LWCF Application. A detailed cost analysis will be provided in the Deliverables for Task 1, prior to the Department issuing the "Notice to Commence." All final Project Costs shall be submitted to the Department with the payment request. Maximum Grant Award Amount: 5148,500.00 Required Grantee Match Amount: S148,500.00 Total Estimated Project Cost: S297,000.00 Match Ratio: 50% Scope of Work/Tasks Deliverables Due Date Financial Consequences TASK 1 1.A. Development of Commencement Documentation Checklist (DRP -122)'. 1.B. A Cost Analysis Form, with detailed budget (and In -House Cost Schedule(s), if applicable). DELIVERABLE 1 The Department will issue "Notice to Commence" upon receipt and approval of: 1.A. All applicable Project specific Commencement documentation listed on Commencement Documentation Checklist (DRP -122) 1.B. A Cost Analysis Form, with detailed budget (and In - House Cost Schedule(s), if applicable). Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, Project 180 calendar days after Execution of Agreement= The Department shall terminate the Project Agreement if the required Deliverables are not submitted and approved by the Department. - DEP Agreement No.: LW695, Attachment 3, Page 1 of 2 LWCF FYI8-19 168 Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under LWCF; approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Managerof the Project Completion Certificate and the Deliverables under each Project Task, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a single payment request on Exhibit C, Payment Request Summary Form, DRP -115, along with all required documentation as outlined in the Financial Reporting Procedures (DRP -110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. Endnotes: 1. LWCF documentation is available at httnsa/floridaden.aovIlands/land-and-recreation-arants/contenUland-and-water-conservation-fund-nroamm and/or from the Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS# 585, Tallahassee, Florida, 32399- 3000. 2. Project Agreement is subject to termination if Commencement documentations under Task 1 are not received and approved by the Department within 180 calendar days of the Project Agreement execution. 3. Due Date will not be extended beyond the Grant Period as outlined in Rule 62D-5.073, F.A.C. DEP Agreement No.: LW695, Attachment 3, Page 2 of 2 LWCF FYI8-19 169 inspection, and other similar fees are eligible for reimbursement. However, reimbursement, if requested, shall not exceed fifteen (15%) of total Project cost, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule. The Grantee may not proceed with development of the The until Notice to Commence has been issued! TASK 2 DELIVERABLE 2 2.A. Development of Primary and Support Project The Grantee may request reimbursement upon Department Due May 31, No reimbursement will be made for Elements, which includes: receipt and approval of: 2022, which shall Deliverable(s) deemed unsatisfactory by Install a 30' x 30' pavilion with concrete floor also be the Project the Department. Payment(s) will not be (includes survey, earthwork and construction), a 24' x 24' pavilion/outdoor classroom with 2.A. Development of required Project Elements. Completion Date' made for unsatisfactory or incomplete work. In addition a Task may be stabilized pervious base floor (includes survey, earthwork and construction); Survey and construct a boardwalk; Create a .3 mile ADA accessible loop trail and a 1.1 mile nature trail; Construct a parking area. 2.B. All applicable Project specific Completion documentation listed on Completion Documentation Checklist (DRP -125) 2.C. Final Status Report (DRP -109). terminated for Grantee's failure to perform 2.B. Development of Completion of Documentation Checklist (DRP -125). The Grantee may request reimbursement for allowable budgeted expenses and costs pursuant to the Agreement that are directly related to the successful development of the 2.C. Completion of Final Status Report (DRP- Project site. Reimbursement shall not exceed the Grant 109). Award Amount, Tess any reimbursement requested for in Deliverable 1, and shall be invoiced upon Project completion, in accordance with the Payment Request Schedule below. Ten percent (10%) of the Grant Award will be retained until the Project is designated complete by the Department. Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the requirements for funding under LWCF; approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Managerof the Project Completion Certificate and the Deliverables under each Project Task, the Grantee may proceed with the payment request submittal. Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a single payment request on Exhibit C, Payment Request Summary Form, DRP -115, along with all required documentation as outlined in the Financial Reporting Procedures (DRP -110), as applicable, to support payment. A payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks. Endnotes: 1. LWCF documentation is available at httnsa/floridaden.aovIlands/land-and-recreation-arants/contenUland-and-water-conservation-fund-nroamm and/or from the Land and Recreational Grants Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS# 585, Tallahassee, Florida, 32399- 3000. 2. Project Agreement is subject to termination if Commencement documentations under Task 1 are not received and approved by the Department within 180 calendar days of the Project Agreement execution. 3. Due Date will not be extended beyond the Grant Period as outlined in Rule 62D-5.073, F.A.C. DEP Agreement No.: LW695, Attachment 3, Page 2 of 2 LWCF FYI8-19 169 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 170 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Attachment 5 1 of 5 Rev. 7/182018 171 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet atwww:cfda.gov PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 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), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www. my florida.com/aud een/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: Attachment 5 2 of 5 Rev. 7/182018 172 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleAudit@dep.state.fl.us dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Intemet Data Entry System which can be found at http://harvester.census.eov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),. OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDE PS in eleAudit(a.dep.state.fl. us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Attachment 5 3 of 5 Rev. 7/18/2018 173 Electronically: FDEPSineleAuditedep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSinaleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION" The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 5 Rev. 7/182018 174 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Original Agreement U.S. Department of Interior, National Park Service 15.916 Outdoor Recreation, Acquisition, Development and Planning — Land and Water Conservation Fund Grants $148,500.00 14001 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subjec to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 5148,500.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [haps:11anns.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 5 of 5 Rev. 427,2018 175 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS LAND AND WATER CONSERVATION FUND PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Grantees can find the Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement at httpsJ/floridadep.gov/lands/land-and-recreation-grants/content/land-and-water-conservation-fund-p%ram, or by contacting the Department's Grant Manager. 2. Notice to Commence. Prior to starting the Project, the Grantee will provide to the Department all documentation listed on the Commencement Documentation Checklist, DRP -122. Once the commencement documentation is approved, the Department will issue a written "Notice to Commence" to the Grantee. The Grantee MAY NOT proceed until the Department issues a "Notice to Commence." The Grantee must start work on the Project within 180 days after the Department issues a "Notice to Commence" unless this deadline is extended by the Department for good cause. Until the Department issues the "Notice to Commence," the Department is not obligated to reimburse Grantee for fees, costs, or general expenses of any kind. 3. Site Plans. Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications for Project site improvements and facilities must be in accordance with current engineering and architectural standards. Grantees should emphasize the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. A Grantee may alter a conceptual site plan only after written approval by the Department and National Park Service (NPS). All utility lines installed within the Project site must be placed underground. The Grantee shall have final site plans (site, engineering, and architectural) prepared for the Project and sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida (collectively the "Project Plans"). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department as a condition of and prior to beginning the Project. 4. The following supplements paragraph 2.d., Attachment 1, Standard Terms and Conditions: The Department may, and in certain circumstances the NPS must, approve any changes to this Agreement. The Grantee may submit a request for an amendment to the Department's Grant Manager, who will determine whether the request requires NPS approval. This Agreement may be amended to provide for additional services if additional funding is made available by USDOI, NPS, and the Florida Legislature. 5. The following paragraphs is added to paragraph 2, Attachment 1, Standard Terms and Conditions: f. The costs must meet all requirements and financial reporting of the LWCF Program and rules and regulations applicable to expenditures of federal and state funds. These rules and regulations are hereby adopted and incorporated by reference. g. This Agreement is not transferable. 6. The following replaces paragraph 8.d, Attachment 1, Standard Terms and Conditions: d. Reimbursement for Costs. Project costs will be reimbursed as provided in paragraph 62D -5.073(2)(a), F.A.C., the LWCF Manual, and in the Project Agreement. Project costs must be incurred between the effective date of this Agreement and the Project Completion Date. The Grantee will be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement must be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet all LWCF requirements, financial reporting requirements, and rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Attachment 6 1 of 3 Rev. 12/11/2018 176 Expenditures, which can be accessed at the following web address: www.myfloridacfo.com/aadir/reference- guide/. If the total cost of the Project exceeds the grant amount and the required match, the Grantee must pay the excess cost. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. 7. The following paragraph is added to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Cost Limits. Pursuant to paragraph 62D -5.073(2)(b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that they do not exceed fifteen percent (15%) of the total Project cost. 8. The following replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions: h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature and the availability of funding and grants from the USDOI and NPS. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if USDOI, NPS, and/or the Florida Legislature reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of LWCF Program Funds. 9. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. a. The Grantee must utilize Project Status Report Form, DRP -109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, and to schedule updates and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally, the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: https://floridadep.gov/parks/florida-scorp- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORT) system (https://floridaden.eov/parks/florida-outdoor-recreation-inventory). 10. Site Dedication. The interest in land developed or acquired by the Grantee with LWCF Program Funds shall be subject to the site dedication requirements set forth in Chapter 62D-5, F.A.C. and of the LWCF Act, specifically Section 60)(3), as codified in 36 CFR § 59.3. Pursuant to the LWCF Act and general requirements of the LWCF Program, land owned by the Grantee that is developed or acquired with LWCF Program Funds shall be dedicated in perpetuity as an outdoor recreation site for the use and benefit of the public. Land that is leased from the federal government or another public agency by Grantee must include safeguards to ensure the perpetual use requirement contained in the LWCF Act. Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that the lessor will assume compliance responsibility for the Project site in the event of default by the lessee (Grantee) or termination or expiration of the lease. Execution of this Agreement by the Department constitutes an acceptance of a Project site(s) dedication on behalf of the public of the State of Florida. These dedications must be recorded in the county's public property records by the Grantee in accordance with subsection 62D-5.074(1), F.A.C. 11. Management of Project Sites. a. Site Inspections. Department staff will periodically inspect LWCF Projects to ensure compliance with subsections 62D-5.074(1)-(3), F.A.C., and section 675.9 of the LWCF manual. Grantees must ensure by site inspections that the property acquired or developed through the LWCF is being operated and maintained for outdoor recreation purposes. b. Management. All projects must be open at reasonable times and be managed in a safe and attractive manner appropriate for public use. Facilities must be kept in reasonable repair for a minimum of 25 years from the date set forth on the project completion certificate to prevent undue deterioration. c. Non -Compliance. Before a project is closed, the Department and the NPS have the right to terminate a project agreement and demand return of the program funds for non-compliance by a grantee. Failure by a grantee to Attachment 6 2 of 3 Rev. 12/11/2018 177 comply with the Agreement will result in the Department declaring the grantee ineligible for further participation in LWCF until the Grantee comes into compliance as determined by the Department under this rule and the LWCF Manual. d. Survival. This provision shall survive termination, cancellation, or expiration of this Agreement. 12. Procurement Requirements for Grantee. The Grantee must secure all goods and services for the Project according to its adopted procurement procedures. 13. Project Completion Certification. Project completion means the Project is open and available for use by the public. To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP -126, available online and incorporated herein by reference. The Project must be designated complete prior to the Department releasing final reimbursement. 14. Signage. Grantee must erect a permanent information sign on the Project site that credits funding, or a portion thereof, to the Florida Department of Environmental Protection and the Land and Water Conservation Fund Program. Use of the LWCF Logo on the permanent Project signs is required. Grantee is encouraged to position signage acknowledging LWCF assistance at entrances to outdoor recreation sites, at other appropriate on-site locations, and in folders and park literature. The acknowledgement of LWCF assistance will be checked during compliance inspections. The sign must be installed on the Project site and approved by the Department before the final Project reimbursement request is processed. The required LWCF Logo, LWCF Terms of Use, and sample sign are available online: https://floridadep.eov/lands/land-and-recreation-grants/content/land-and-water-conservation- fund -program . This provision shall survive termination, cancellation, or expiration of this Agreement. 15. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this Agreement and demand return of the LWCF program funds (including interest). Furthermore, the Department will declare the Grantee ineligible for further participation in LWCF until the Grantee is in compliance pursuant to subsection 62D-5.074(4), F.A.C. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. This provision shall survive termination, cancellation, or expiration of this Agreement. 16. Conversion. This Project site acquired and/or developed with LWCF assistance must be retained and used for public outdoor recreation. This Project site so acquired and/or developed may not be wholly or partly converted to other than public outdoor recreation uses without the written approval of the NPS pursuant to the conversion provisions of Section 6(0(3) of the LWCF Act, 36 CFR Part 59, the LWCF Manual, and all other applicable regulations. All conversion provisions and guidelines apply to each area or facility for which LWCF assistance is obtained, regardless of the extent of participation of the Project in the assisted area or facility and consistent with the contractual agreement between USDOI, NPS, and the State of Florida. Should Grantee convert all or part of the Project site to other than public outdoor recreational uses, the Grantee is required to replace the area, facilities, resource, or Project site at its own expense with an acceptable project of comparable or greater value, scope, and quality pursuant to LWCF mandates. All conversions require amendments to the original Project agreement (36 CFR § 59.3(c)). Therefore, amendment requests should be submitted concurrently with conversion requests. Project boundary maps must be submitted with the amendment request to identify the changes to the original area caused by the proposed conversion and to establish a new Project area pursuant to the substitution. Once conversion has been approved, replacement property should be immediately acquired. When it is not possible for replacement property to be acquired immediately, an express commitment to satisfy Section 6(0(3) substitution requirements with a specified period, normally not to exceed one (1) year following conversion approval, is required. This commitment will be in the form of an amendment to the original Agreement. This provision shall survive termination, cancellation, or expiration of this Agreement. Attachment 6 3 of 3 Rev. 12/11/2018 178 ATTACHMENT 8 Contract Provisions for DOI-Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative. Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Attachment 8 1 of 5 Rev. 7/2/18 179 about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing' wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Attachment 8 2 of 5 Rev. 7/2/18 180 less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non - Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award, using form SF -LLL, available at: https://applv07.grants.eov/apply/forms/sample/SFLLL 1 2 P -V 1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their employees, subrecipients under this award, and subrecipients' employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 14. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) Recipients must comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Water Resources Reform and Development Act (WRRDA) P.L. 113-121 Attachment 8 3 of 5 Rev. 7/2/18 181 Recipients must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121, if applicable. This act provides for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources. 16. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph (c) in any subawards and contracts awarded prior to the effective date of this provision. 17.Notification of Termination (2 CFR 6 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination. 18. Additional Lobbying Requirements (a) The Recipient certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. (b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. (c) Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19. Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpendine.gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. Attachment 8 4 of 5 Rev. 7/2/18 182 DEPARTMENT OF INTERIOR-SPECIFIC 20.Department of Interior (DOI) General Terms and Conditions Recipients shall comply with DOI General Terms and Conditions available at https://www.doi.gov/pam/programs/financial assistance/TermsandConditions, and incorporated by reference. 21. DOI Regulations Recipients shall. comply with the following regulations: 2 CFR 1400-1402, 43 CFR 9, 43 CFR 17, 43 CFR 18, 43 CFR 41, and 43 CFR 44. 22.Drue-Free Workplace Recipients must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 23.Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 24.Deposit of Publications Produced under Grants Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FW 1 (USFWS), any grant or cooperative agreement that will produce a publication (other than those listed as exceptions) must provide two copies of each publication to the Department of Interior's Natural Resources Library. For a list of exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit of Publications Produced under Grants at: http://elips.doi.gov/ELIPS/DocView.aspx?id=1671. UNITED STATES FISH & WILDLIFE SERVICE-SPECIFIC 25.USFWS Financial Assistance Award Terms and Conditions Recipients shall comply with the USFWS Financial Assistance Award Terms and Conditions applicable to the specific Federal Award funding source, available at https://www.fws.gov/grants/atc.html, and incorporated by reference. NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE ASSISTANCE PROGRAM-SPECIFIC 26.LWCF Federal Financial Assistance Manual As applicable, Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective October 1, 2008, or later, available at https://www.nps.gov/subjects/Iwcf/Iwcf-manual.htm, and incorporated by reference. 27.Historic Preservation. As applicable, Recipients shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seg.). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 8 5 of 5 Rev. 7/2/18 183 Required Signatures: Adobe Signature Florida Department of Environmental Protection EXHIBIT A Land and Water Conservation Fund Program Florida Recreation Development Assistance Program Recreational Trails Program Project Status Report Project Name: Project Number: Project Sponsor: Identify primary and support recreation areas and facilities to be constructed. (50% of total costs must be in primary facilities). PROVIDE PHOTOS OF WORK IN PROGRESS PRIMARY FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed DRP -109 184 SUPPORT FACILITIES/ELEMENTS: Project Elements Work Accomplished % Completed ' PROBLEMS ENCOUNTERED: Period Covered (Check Appropriate Period): LIAISON: DRP -109 January through April: May through August: September through December: Due May 5t Due September 51h Due January 5`h Signature Date 185 Required Signatures: Adobe Signature Florida Department of Environmental Protection EXHIBIT C PAYMENT REQUEST SUMMARY FORM Land and Water Conservation Fund Program Florida Recreation Development Assistance Program Recreational Trails Program Date: Grantee Project Name and Number Billing Period: Billing #: DEP Division: DEP Program: CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP -115 (Effective 06-19-2015) Page 1 of 2 186 Project Costs This Billing Cumulative Project Costs Contractual Services DRP -116 Grantee Labor DRP -117 Employee Benefits ( % of Salaries) Direct Purchases: Materials & Supplies DRP -118 Grantee Stock DRP -120 Equipment DRP -119 Land Value Indirect Costs (15% of Grantee Labor) TOTAL PROJECT COSTS $ $ CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP -115 (Effective 06-19-2015) Page 1 of 2 186 DEP USE ONLY STATE FUNDING PARTICIPATION: % Total project costs to date $ State Obligation to date $ State retainage ( %) $ State obligation remaining $ State funds previously disbursed $ State funds due this billing $ Reviewed and approved by: DEP Project Administrator Division Director or Designee DRP -115 (Effective 06-19-2015) Date Date Page 2 of 2 187 Florida Department of Environmental Protection FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FORM — Subaward to a Recipient Required Signatures: DriginaljLnIZISign=ature PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Department of Environmental Protection ("DEP" or "Department") must use to capture and report subaward and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment. Act of 2009, Pub. L. 111-5). [Note: This reporting requirement is not applicable for the procurement of property and services obtained by the DEP through a Vendor relationship. Refer to 2 CFR Ch. 1 Part 170 Appendix A, Section 1.c.3 for the definition of "subaward".] ORGANIZATION AND PROJECT INFORMATION: The following information must be provided to the DEP prior to the DEP's issuance of a subaward (Agreement) that obligates 825,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Department as requested. If you have any questions, please contact the DEP's Procurement Administrator at 850/245-2361 for assistance. DUNS# *: DUNS+4#: * If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the webform (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY: STATE: PARENT COMPANY DUNS# (IF APPLICABLE): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (UP TO 4000 CHARACTERS): ZIP CODE+4**: BGS - DEP 55-230 (Effective 10-31-2013) 188 Page 1 of 3 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FORM DEP- 55-230 Continued PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY: STATE: ZIP CODE+4**: CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; and, (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes No If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986? Yes No If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http://www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. BGS - DEP 55-230 (Effective 11-07-2013) 189 Page 2 of 3 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FORM DEP 55-230 Continued vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion (mm/dd/yyyy): Rank (Highest to Lowest) Name (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED AS (enter position title) OF (enter Business Name) CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. Type or Print Name: e, `t a e and ID ate: BGS - DEP 55-230 (Effective 11-07-2013) Page 3 of 3 190 GRANT NAME: Land & Water Conservation Fund AMOUNT OF GRANT: $148,500.00 GRANT # LW695 DEPARTMENT RECEIVING GRANT: General Services - Parks & Conservation Resources CONTACT PERSON: Beth Powell 772-226-1873 TELEPHONE: 1. How long is the grant for? 4 years Starting Date: 9/24/18 (approved 2/5/19) 2. Does the grant require you to fund this function after the grant is over? X Yes No X 3. Does the grant require a match? Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 50% 5. Grant match amount required R 148,500 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Identified in the CIE - Sebastian Harbor Preserve FCT Grant Fund 145 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $297,000 Second Year $ $ $ 0 011.13 Other Salaries & Wages (PT) $ $ $ 0 $ 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 maintenance $5000/yr _ Grant Amount Other Match Costs Not Covered Match Total First Year $ 148,500 $ $ 148,500 $297,000 Second Year $ $ $ 0 $ Third Year $ $ $ 0 $ Fourth Year $ $ $ $ Fifth Year $ . $ $ $ Signature of Preparer: r Date: / 07 9/ ? *Other Match Cost: ' 1 o Covered - Year 1 includes engineering and design services (partially funded and under contract with engineer); Year 2-3 includes construction of the restroom not included in the Pk proposal. CONSENT: 2/5/19 BCC MEETING 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 l 7 K" 0 DATE: January 28, 2019 SUBJECT: Osprey Acres Floway and Nature Preserve — Replacement Easement to Florida Power & Light Company On January 15, 2019 the Board of County Commissioners approved the granting of an easement for underground electric utility facilities to Florida Power & Light Company 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. Said easement was recorded on January 16, 2019 in Book 3177, Page 1949 of the Public Records of Indian River County, Florida. Florida Power & Light Company has indicated to staff that the recorded easement is not acceptable because it is not Florida Power & Light Company's standard form of business easement. Attached is the Florida Power & Light Company's standard form of business, easement which has been prepared for the Chairman's signature and will replace the previous easement for underground electric utility facilities recorded on January 16, 2019 in Book 3177, Page 1949 of the Public Records of Indian River County, Florida. FUNDING: The only cost associated with this item 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). 1 192 RECOMMENDATION: Approve the standard form of business 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 2 F:\Attorney\Nancy\DOCS\MEMO\bcc re replacement FPL easement re Osprey Acres.doc 193 Work Request No. 8438058 Sec. 24, Twp 33 S, Rge 39 E ParcelI.D.33-39-24-00000-5000-00001.0 (Maintained by County Appraiser). EASEMENT (BUSINESS) This Instrument Prepared By Office of County Attorney Indian Rirn ver County 1801 27`" Street Vero Beach, FL 32960 (772) 226-1425 The undersigned, in consideration of the payment of $1:00 and other good andvaluable- 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 Area") 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 frim 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 instrunient on , 2019. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By:'(�t/•��/!� William K. DeBraal Deputy County Attorney By: 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 personally known to me and who did not take an oath. SEAL: NOTARY PUBLIC: . signature: printed name: Commission No.: Commission Expiration: *This Easement replaces that certain Easement for underground electric utility facilities recorded on January 16, 2019 in Book 3177, Page 1949 of the Public Records of Indian River County, Florida. 194 T. Sketch and Descrtion for /ND/A N RIVER COUNTY LegalDescription (Utility Easement) Being a Strip of land lying 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" East, a distance of 18.73 feet; South 01 °23'24" West, a distance of 69.60 feet; South 03°26'34" East, a distance of 81.35 feet; South 04°08'58" East, a distance of 85.48 feet; South 01°28'12" West, a distance of 122.44 feet; South 15°21'48" West, a distance of 21.03 feet; South 38°33'08" West, a distance of 23.69 feet; South 44°20'39" West, a distance of 26.28 feet; South 34°53'39" West, a distance of 27.32 feet; South 67°42'41" West, a distance of 14.57 feet; g South 61°48'34" West, a distance of 9.53 feet; South 43°43'31" West, a distance of 7.03 feet; South 34°41'30" 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 shall not be valid unless: (A) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the legal description. (B) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. a 3) The Bearings shown hereon are based on the 1983 North American Datum, 2011 adjustment, and projected in the Florida DState Plane Coordinate System, Certification East Zone. and was tied to the Florida Permanent Reference Network, deriving s a Grid bearing of North 00'1713" 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. I hereby certify that the Sketch and Legal Description of the property shown and described hereon Z 4) Containing 5240 Square Feet.± (0.12 Acres±) was completed under my direction and said Sketch and Legal is true and correct.to the best of my i knowledge and belief. .' 1 further certify that this Sketch and Description meets the Standards of Pridtice for surveys set forth by the Florida Professional Board of Surveyors and,Mappers'in chapter 5J-171052 Florida Administrative code, pursuant to section 472.027 Florida Mate Statutes. Date of Signature This is not a Boundary Survey AGENCY: /ND/AN RIVER COUNTY, FL PUBL/C WORKS DEPT./ENG/NEER/NG D/V David M. Silon • Professjcnl SUN&VJr and Mapper Florida Certificate No. 6139 DATE: 12/14/18 DRAWN BY: R. /NGL£TT SCALE: N/A APPROVED BY: D.S/LON SHEET: 1 OF 2 JOB NO: 1611 Sketch and Legal /7escription for: /ND/AN R/VER COUNTY 195 EXHIBIT "A" F:\Public Works\ENGINEERING DIVISION PROJECTS\1811 Osprey Acres Storm Water Protect\Survey\dwg\1811—Electrical Conduit Skt-Igl Sketch and Legal Description for.. /ND/ANR/VER COUNTY RIGHT—OF—WAY LINE 1 1 RIGHT—OF—WAY LINE Point of Commencement NORTHWEST CORNER OF THE SOUTHWEST 1/4 SECTION 24-33-39 J.R F.W.C.D._SU6-LATERAL _E=7_CANAL2 RIGHT—OF—WAY UNE LESS NORTH 30__J FOR CANAL R/W N I. R. F. W. C. D. SEC. 23 LATERAL "E" CANAL --{30', T33S, R39E (30' CANAL R/W) NORTHEAST 1/4 OF THE SOUTHEAST 1/4 TRACT 9 I.R.F.C.S. (PBS 2, PGE 25) EAST UNE OF TRACT 9 AND WEST RIGHT-OF-WAY UNE - LATERAL "E' CANAL 5th STREET SW S89'26'11 "E — 344.21' N l.R.F.W.C.D. SUB -LATERAL J-1 CANAL .-S00'33'49"W 0 o '^ (30' CANAL R/W) 30.00' SOUTH RIGHT OF WAY IN w M) 7: r 0 0 z NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE - SOUTHWEST 1/4 SEC. 24-T33S-R39E 30' on M M N) I d1 N z 0 0 w w z J 1- Not to Scale Point of 03'39'41"E Beginning 18.73' 01'23'24"W 69.60' SEC. 24 T33S, R39E TRACT 12 I.R.F.C.S. (PBS Z PGE 25) RREF RB 2012 LT1-FL-PHP, LLC 33-39-24-00000-5000-00001.0 (PER O.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 S44'20'39"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' SO4'08'58"E 85.48' f-S01'28'12"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-1 4.57' 43'43'31 "W-7.03' TRACT 16 I.R.F.C.S. (PBS 2, PGE 25) DB = DEED BOOK Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT I.R.F.C.S. = INDIAN RIVER FARMS COMPANY SUBDIVISION LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK PB = PLAT BOOK 7th STREET SW PBS = PLAT BOOK ST. LUCIE PGE. = PAGE R = RANGE RNV = RIGHT-OF-WAY SEC. = SECTION SW = SOUTHWEST T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND T = TOWNSHIP OSLO PARK BLOCK "K" (P8 .3, PGE 96) This is not a Boundary Survey AGENCY: /ND/AN RIVER COUNTY, FL PUBL/C WORKS DEPT./ENG/NEER/NG D/V DATE: 12/14/18 DRAWN BY: R. /NOLETT SCALE: N/A APPROVED BY: D.S/LON SHEET: 2OP2 JOB NO: 1611 Sketch and Leo/Description for.- /ND/ANR/VER COUNTY 196 CONSENT: 2/5/2019 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: Bill DeBraal — Deputy County Attorney 4% "' — DATE: January 29, 2019 SUBJECT: Resolution Cancelling Taxes on Lands Deeded to Indian River County by Redevgroup, Inc. for Conservation Pursuant to agreement dated June 12, 2018 between the Board of County Commissioners and Redevgroup, Inc., which agreement was subsequently amended on September 11, 2018 and November 13, 2018, Redevgroup, Inc. deeded 3 parcels to Indian River County, totaling 9.21 acres for conservation purposes. The agreement pertains to the deeding of alternative conservation lands by Redevgroup, Inc. with regard to the possible future release of a conservation easement over Lot 5 of Indian River Mall by Indian River County. A resolution is presented for the purpose of earmarking the public use of the property and cancelling any delinquent or current taxes which may exist on the property. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the lands deeded to Indian River County for conservation by Redevgroup, Inc., and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 197 lands deeded by Redevgroup, Inc. for conservation RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon 'its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 198 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all, things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were deeded to Indian River County by Redevgroup, Inc., a Florida corporation, for conservation purposes, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Special Warranty Deed describing lands, recorded in O.R. Book 3171 at Page 212, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 199 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of February, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By. Deputy Clerk Tax Certificates Outstanding ,/ Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -9- APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILI.IA+A K. DEBRAAL OgrUTY COUNTY ATTORNEY 3 200 3120180075681 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3171 PG: 212, 12/17/2018 2:47 PM D DOCTAX PD S0.70 This instrument prepared by. Bruce Barkett, Esq. Collins Brown Barkett, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this / '7 day of December, 2018, between REDEVGROUP, INC., a Florida corporation, whose address is 426 SE 6th Street, Dania Beach, FL 33004, hereinafter called the Grantor and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27`h Street, Vero Beach, FL 32960, hereinafter called the Grantee. WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the Grantee all that certain land situate in Indian River County, State of Florida, to -wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to December 31, 2018. TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through, or under the said Grantor. The subject property is unencumbered and is being conveyed for no consideration. 201 BK: 3171 PG: 213 IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in r presence: Print Name: (C1I (k Ncartu.tL4 Print Name:B(Y. X' \t) 0-X fay STATE OF FLORIDA COUNTY OF INDIAN RIVER REDEVGROUP, INC., a Florida corporation B ataldo, President The foregoing instrument was acknowledged before me this /7 day of December, 2018, by Joseph Cataldo, the President of Redevgroup, Inc., a Florida corporation, who is personally known to me or who has produced as identification. (Notary Seal) f .45.t;" .:�y •., BARBARA A. BEATTY .a. \ MY COMMISSION # GG 049849 EXPIRES: March 21.2021 •,; BK: 3171 PG: 214 EXHIBIT "A" PARCEL 2: GOVERNMENT LOT4, SECTION 28, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE NORTH 1,100 FEET THEREOF, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 3: THE SOUTH 220 FEET OF THE NORTH 1,100 FEET OF GOVERNMENT LOT4, SECTION 28, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PARCEL 4: THE SOUTH 110 FEET OF THE NORTH 880 FEET OF GOVERNMENT LOT 4, SECTION 28, TOWNSHIP 33 SOUTH, RANGE 40 EAST, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT OF INGRESS AND EGRESS FOR ACCESS OVER, ACROSS AND THROUGH AU. OF THE STREETS, ROADWAYS AND RIVER CROSSOVERS FORMING PART OF THE COMMON AREAS OF OYSTER BAY SUBDIVISION, AS REFERENCED IN THE DECLARATION OF RESTRICTIONS FOR OYSTER BAY SUBDIVISION, RECORDED IN OFFICIAL RECORDS BOOK 828, PAGE 1165, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 28, TOWNSHIP 33 SOUTH, RANGE 40 EAST; THENCE N08°52'33"W A DISTANCE OF 344.56 FEET TO THE MEAN HIGH WATERLINE OF THE INDIAN RIVER; THENCE THE FOLLOWING THREE COURSES ALONG SAID MEAN HIGH WATERUNE; (1) S47°14'44"E A DISTANCE OF 25.15 FEET, (2) S33°45'18"E A DISTANCE OF 31.10 FEET, (3) S19°27'33"E A DISTANCE OF 43.76 FEET TO THE EAST LINE OF GOVERNMENT LOT 4 OF SAID SECTION 28; THENCE S0O°38108"E ALONG SAID EAST LINE A DISTANCE OF 256.26 FEET TO THE POINT OF BEGINNING. CONTAINING 0.16 ACRES MORE OR LESS. 203 Jan 31 1912:54p INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION p.1 /0 8/ 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. PITBLIC DISCUSSION INFORMATION Indian River County Code Seetion 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Scan d ro.. ,. C vG eF?xrson 3 S 71h fl/a��e ADDRESS: �Jery t3eachf Ft 3agea PHONE: � (.7 7.2) 3�7ov5 Ale; d,oblfstj no SUBJECT MATTER FOR DISCUSSION: a � oa�ce da heal IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? I . / 1 YES NO IS THIS AN APPEAL OF A DECISIONi YES 1 1 NO FTeip re5o ve. 'roble.r o'--` ne4gbbvr WHAT RESOLUTION ARE YOU a S h es 1n pot- r °01 r TJ e s 'o ,Ce IS Q, e 41 REQUESTING OF THE COAL -MISSION? /.a5 / Ca rr d cop - I? ed o'f sac,c. - 0 ,Cir©n+ coc1-i-dc2or . rte 1GC La, cov d .B irt- G3, rt o ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES 1e` I NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: V; County Admialfic cAsaMGRJ6A'FUblic Discsssiou Rens Fam.doc 204 02/05/2019 10.B.1. 1 02/05/2019 10. B.1. d 02/05/2019 10. B.1. 02/05/2019 10.B.1. 02/05/2019 ,. 10.B.1. 2O-5 02/05/2019 02/05/2019 10.B.1. 2_44 - 7 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: January 24, 2019 SUBJECT: Signing of Work Order No. 4 for Radio System P25 Migration Project It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two-way communications for public safety organizations. This is a planned upgrade and is detailed in the County's Capital Improved Element (CIE). As you will recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is now presenting Work Order No. 4 for the phased upgrade, which includes all the work necessary to install the simulcast equipment, DC power and 700 MHz antenna system. Continuing with the Board approved P25 migration project and agreement for service; the attached work order outlines the projects and associated cost of $1,497, 220.09 and requires signing of the work order. FUNDING: Funding is budgeted and available in the Optional Sales Tax/Fire Services/800MHZ Upgrade P25 Compliance account. ITEM Amount Account Number P25/Phase 2 $1,497,220.09 31512022-066510-16004 RECOMMENDATION: Staff recommends the Board approve Work Order No.4 with Communications International Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS: 1. Work Order No. 4 2. Work Order No. 4 Quote 3. Attachment "A" 205 Indian River County Emergency Services 4225 43rd Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: P25 Radio Project Emergency Services WORK ORDER NO. 4 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH Communications International, Inc. This Work Order No. 4 to the Countywide P25 Radio System Migration Project dated February 5, 2019 is for the Radio System Contractor (Communications International) to perform work necessary to provide P25 Radio Communications Network Enhancements to the Indian River County (County) Radio System. Work Order No. 4 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 4 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all engineering, design and supply necessary materials and labor to install the West Tower 700 MHz 5 channel simulcast site, the new system antenna upgrade to 700 MHz at all sites, to upgrade the VIDA Core and Symphony Consoles, and to install the logging recorder for P25 Radio Traffic as described in in price quote dated 12-14-2018. Milestones and pricing associated herein are attached to this Work Order No. 4 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Communications International shall provide the County: The services completed by Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above- described services rendered as identified in Sections I, II, and III of this Work Order No. 4 for a total amount of $1,497,220.09 1 206 Work Order No. 4 Communications International P25 Radio Project February 5, 2019 Any additional services not described hereon shall be pre -approved by the County. All invoicing shall include itemized costs and materials expended to complete the work. IN WITNESS WHEREOF the parties hereto have executed these presents this 5th day of February, 2019. OWNER: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA DESIGN/BUILDER: Communications International (Signature) (Signature) Bob Solari, Chairman Melissa Osmolski, Project Manager Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Witnessed by: Deputy Clerk (Signature) Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney (Printed name) Jason Brown, County Administrator 2 207 c� COMMUNICATIONS INTERNATIONAL An Employee Owned Company Customer: Indian River County Emergency Services ATT: Tad Stone 4225 43rd Ave Vero Beach FL 32967 772 567 2154 Item Qty Model 1 2 3 1 1 4 11 5 11 5 1 6 1 7 1 8 1 Harris CI -V CI -Harris Harris Harris Harris Harris CI -S CI -V Special Notes and Instructions Quote Date: 12/14/2018 Valid Until 3/30/2019 Quote #: SW F12140178D Customer ID: IRCES QuotelProject Description Stage 4 of Public Safety Radio Presented by: System Upgrade to P25 Phase 2 Henry Erfurt Steve Fisher Description 700 MHZ 5 Ch Simulcast Site Fellsmere. Includes Harris Five Channel P25 Phase 2 MastR V Simulcast Site Equipment DC Powered Eltek 48 VDC Battery Plant Power System Engineering, Installation, Project Management Services for Fellsmere Site New System Antenna Upgrade to 700 MHz New Beach 700 MHz Simulcast Site @ Costa d' Este' Includes Harris Ten Channel P25 Phase 2 MastR V Simulcast Site AC Power 700 MHz Antenna System w Custom Antenna Line Entry Panel 11 GHz Microwave Link to South Tower Site Custom Fabricated Roof Top Antenna Mounting System Equipment Grounding System New 125 AMP Electrical Power Feed from Level 1 Panel to 4th floor Equipment Room New 3 Ton Split Mount HVAC Unit for Equipment Room APC 10 KVA UPS and Electical Distribution Crane Service for Lifting Equipment to Roof Installation, Engineering, Project Management. Mechanical Engineered Sealed Drawings for Permitting General Contractor Fees Symphony Consoles- Encryption Upgrade for AES -DES Symphony Consoles -Remote Baton Interface to CAD Per Console VIDA Core- Upgrade License for KMF & OTAR Centralized VM Server Over the Air Programmer & Profile Manager Installation, Engineering & Project Management for Upgrades EXACOM Logging Recorder- P25 Radio Traffic Only. Includes Centralized Networked Logging Recorder Harris VIDA Core P25 Phase 1 and Phase 2 Compatible. 48 Talk Paths Licensed for 5 Remote Clients Licensed for AES Encryption, KMF and OTAR Director of Major Accounts Chief Engineer Unit Price Extended Sale $ 378,801.29 $ 74,410.30 $ 741,769.75 $ 378,801.29 $ 74,410.30 $ 741,769.75 $ 6,375.00 $ 70,125.00 $ 1,400.00 $ 15,400.00 $ 58,500.00 $ 58,500.00 $ 12,750.00 $ 12,750.00 $ 28,540.00 $ 28,540.00 $ 116,923,75 $ 116,923.75 Total $ $ 1,497,220.09 208 Assumptions Lease for Costa d Este is in place before any site work can commence Quote subject to Ci standard terms and conditions. Submit Purchase Order to: Communications International 4450 US Highway1 Vero Beach, FL 32967 www.ask4ci.com QUOTE TERMS AND CONDITIONS: Quote accepted: Signature Dake Print Name COMMUNICATIONS INTERNATIONAL An Employee Owned Company Title 1. Quotes are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's fatality. 3. Ordered equipment may be retumed for a full refund, less a 25% restocking fee, if the equipment is retumed unused and undamaged In its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be fumished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS. EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL UABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser. 209 EXHIBIT "A" Milestone Payment Schedule Milestone 1 Furnish and Install Fellsmere 700 MHz 5- Channel Simulcast Site $ 378,801.29 Milestone 2 Furnish and Install New System Antenna Upgrade to 700 MHz (Existing 5 Sites) $ 74,410.30 Milestone 3 VIDA Core and Symphony Console Feature Upgrades $ 185,315.00 Milestone 4 Furnish and Install New 700 MHz Simulcast Site and Antennas @ Costa d' Este $ 741,769.75 Milestone 5 Exacom Logging Recorder for P25 Radio Traffic $ 116,923.75 TOTAL INVOICING: $ 1,497,220.09 210 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM kpf DEPARTMENTAL TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Alexis Peralta, Stormwater Educator & Fertilizer Enforcement SUBJECT: IRC Landscape BMP Educational Packet Presentation DATE: January 23, 2019 DESCRIPTION AND CONDITIONS Staff was requested to assemble an educational packet for Indian River County citizens that provides environmental alternatives for homeowner landscapes to reduce stormwater runoff and pollution. This packet has been completed to help the local environment by utilizing Best Management Practices (BMP's). BMPs are tested procedures that will improve the environment by minimizing stormwater runoff from your yard. Following these suggestions are a great way to start creating a Florida Friendly Yard whose goal is to reduce nutrient, chemical, and biological pollutants to our local waterways. Only when the majority of IRC citizens utilize these BMPs will the Indian River Lagoon return to a healthier state. The following presentation will summarize the educational packet. FUNDING N/A RECOMMENDATION Stormwater staff recommends the publication of the BMP packet onto the County Stormwater website for public access. ATTACHMENTS IRC Landscape BMP's Educational Packet APPROVED AGENDA ITEM FOR FEBRUARY 5, 2019 211 F:\Public Works\Personal Folders - Active\Alexis Peralta\Commision Meetings INDIAN RIVER COUNTY LANDSCAPE BEST MANAGEMENT PRACTICES (BMPS) A great way to help our local environment is to follow these simple best management practices (BMPs) for residential landscape management. BMPs are tested procedures that will help the environment by minimizing stormwater runoff from your yard. Following these suggestions are a great way to start creating a Florida Friendly Yard whose goal is to reduce nutrient, chemical, and biological pollutants to our local waterways. Only when the majority of IRC citizens utilize these BMPs will the Indian River Lagoon return to a healthier state. BMP #1) Right Plant, Right Place A plant that is planted in the correct location will thrive with minimal amounts of water, fertilizer, and pesticides. Though Florida natives are always a good choice for Florida yards, even these plants need to be in their proper place to be low -maintenance. Many other non -natives can also thrive in a Florida yard if planted appropriately. The key to this BMP is research; the secret to successful landscape design is thorough planning. Ask your landscaper or local garden center about which plants will thrive in full sunlight, full shade, or partial sunlight. Do you have a low lying area that collects rain water? There are many great plants that would prefer to sit in those extra hydrated areas and then require less irrigation. Things to consider: what type of light does the plant prefer, how much water does it require, how large will it grow, and will it require more pesticide? Once you can answer these questions and select the best part of your yard for each plant you are on your way to a healthier well-balanced landscape. Another part of Right Plant, Right Place is that it can aide in reducing turf grass from your yard. Most grasses we see in Florida are high maintenance; the Tess turf grass, the lower maintenance your yard can be. There are several other options for ground cover that require less irrigation, Tess mowing, Tess fertilizing, and fewer chemicals that harm the environment. By planting more plants, shrubs, and bushes, you are eliminating the need for turf grass. See BMP #4 below for additional suggestions. 212 For more information on choosing the right plants or turf cover, use the plant list available through the Florida Yards and Neighborhoods program by UF/IFAS at http://ffl.ifas.ufl.edu or contact our local Extension office at 772-226-4317. Florida Friendly lawns utilizing plants to reduce turf. BMP #2) Fertilize Appropriately Sunshine Mimosa replacing turf. Most fertilizers are made up of three main ingredients: Nitrogen, Phosphorous, and Potassium. These numbers can be seen on any bag of fertilizer represented in an N -P -K format. For example, if a bag of fertilizer says 10-0-16, it means this bag contains 10% Nitrogen, 0% Phosphorous, and 16% Potassium. These nutrients are all needed by plants to survive, but just like how a body only absorbs the amount of nutrients it needs, your landscape will not retain excess nutrients and they will be washed away. It can be hard to think of "nutrients" as pollutants, but in our waterways, too many nutrients cause rapid algal growth, which in turn removes oxygen from the water killing fish and can block aquatic plants, like seagrasses, from photosynthesizing. To reduce nutrients, fertilize just twice a year; once in the fall and once in the spring. Prevent algal growth by using a fertilizer with 0% Phosphorous (our Florida soil is naturally rich in Phosphorous so anything we add is already excess). Avoid fertilizing within 10 feet of any water body. Mulching grass clippings back into your yard should provide the needed nutrients to eliminate one fertilizer application. Never leave grass clippings in the street where they can wash to nearby water bodies and promote algal growth. Fertilize once in the fall and once in the spring. Don't leave clippings in the street. Reduce nutrients and prevent algal growth. 213 Questions for your landscaper: o What is the percentage of N -P -K nutrients in the fertilizer they use? o How often are they applying fertilizer to your yard? If more than twice, talk about cutting back to fall and spring. o What do they do with grass clippings? o Are they certified by Green Industries in the Landscaper Best Management Practices course? BMP #3) Irrigation Management Many people with irrigation systems over water their yard, wasting a precious resource. The best time to water is in the morning between 6 AM and 10 AM; this reduces loss of water due to evaporation when the sun is scorching down on the yard. Your plants and grass also only need to be watered when they are starting to wilt. Overwatering makes them drought intolerant. Set your irrigation system to water just twice a week, and you can install a rain shut-off device or soil moisture sensor to override your irrigation system and prevent overwatering when it has been raining. Keeping moisture in the soil is important in areas especially around trees and landscape plants. Use mulch to retain moisture in garden beds and around trees, around two to three inches will do the trick! If you have an irrigation system, the most important step is to perform regular system maintenance. This includes checking for Teaks, unclogging and replacing broken heads, pointing heads at the plants (not driveways and sidewalks), and pruning plants that interfere with irrigation systems. And finally don't forget to calibrate the system. Even an efficient irrigation system can waste water if it's left on too long. The ideal amount of water to apply to a lawn is % to 3/ inch. When we over irrigate, we not only waste water and possibly damage the vegetation, but we are also creating more stormwater runoff which carries any pollution from your yard to the Indian River Lagoon or stormwater retention pond nearby. Calibration is key to conserve. A rain gauge to turn off system appropriately. Use mulch to retain moisture for your plants and trees. 214 BMP #4) Taking Your Yard to the Next (FL Friendly) Level An alluring way to reduce our personal storm runoff from leaving our yard is by installing a rain garden. Rain gardens are an attractive addition to slow water from leaving your yard and allow the rain to replenish the ground water. Created in the lowest point of your property, utilizing rocks, mulch, and water -tolerant plants, this little oasis will help prevent pollution. Another beautiful addition to your Florida -Friendly yard, is a butterfly garden. These gardens attract delicate wildlife, encourage native plant diversity, and provide food for birds, Lizards, and mammals. Both of these eco -friendly gardens have multiple benefits in your landscape. They both reduce the amount of turf grass, which in turn reduces the amount of pollutant carrying runoff, and they both can include Florida native plant life stabilizing our fragile ecosystem. Both of these gardens will attract different types of wildlife and enhance your landscape to new levels of beauty! For more issues on caring for your lawn and installing rain or butterfly gardens, see: http://gardeningsolutions.ifas.ufl.edu. A lively butterfly garden full of FL natives. Butterflies enjoying a native fire bush. BMP #5) Pesticide and Herbicide Usage A Florida native rain garden. Pesticides are any chemicals that harm or kill insects. Herbicides are any chemicals that harm or kill plants. When you notice pests and weeds in your yard, decide on the best course of action before automatically choosing chemical applications. Many pests and weeds can be removed by hand which will reduce chemical pollution from infiltrating the runoff. If removal by hand is not an option, spot treat only the affected area, limiting the amount of chemicals used. Avoid using broad-spectrum insecticides or herbicides. These chemicals will harm not only the pests and weeds but beneficial plants and bugs. Only use products that are designed to only target your identified pest or weed. 215 Herbicides are safe and effective if the product label instructions are followed. Label instructions include proper application timing, rates, and application methods. Herbicide application timing during the plant's growth cycle is important. For example, weeds not controlled prior to seedhead formation are harder to control and are able to deposit new seeds in future. Get rid of weeds before they have the ability to reproduce! For more information on weed control visit the detailed IFAS site at http://edis.ifas.ufLedu/ep141. Questions for your landscaper/applicator: o When possible are they removing weeds and pests by hand? o Are the products used in your yard eco -friendly or organic? o Have they taken the time to identify the location of pests/weeds to spot treat only? Spraying the entire yard further stresses turf grass and plants. o Check their pesticide license to ensure they are up-to-date on new environmental concerns and appropriate treatments. Below is the 2016 Award of Excellence Residential Yard, awarded by the Florida Native Plant Society. Utilizing BMPs and creating a Florida Friendly yard is not only beneficial to our local environment, but can also create a gorgeous unique landscape. (Pictures from other residential award winning homes can be found at https://www.fnps.org/) 216 Resources: Florida -Friendly Plant Database: http://floridavards.org/fvplants/index.php The Florida Yards and Neighborhoods Handbook by UF IFAS Extension: The handbook can be found at http://ffl.ifas.ufl.edu Indian River County Stormwater: www.irestormwater.com FDEP Nonpoint Source Management: http://www.dep.state.fl.us/water/nonooint/pubs.htm Rain Gardens: http:J/gardeninesolutions.ifas.ufl.edu/designJtvpes-of-gardens/rain-eardens.html. Butterfly Gardens: http://gardeningsolutions.ifas.ufI.edu/design/types-of-gardens/butterfiv-gardens.html Florida Native Plant Society Awards: https://www.fnps.ore/what-we-do/landscape awards 2016#show4 217 02/05/2019 12.F.1. Purpose for BMP Packet • Reduce nonpoint source pollution • Minimize stormwater runoff • Improve local water quality • Protect the Indian River Lagoon ,. • t' IRC LANDSCAPE BEST MANAGEMENT PRACTICES (BMPS) , 1YA�'.M By Alexis Peralta, IRC Stormwater Educator _y ._. _ -_ +.q-- i Via.'-, -i` - "'���„ A ? ♦ �,: .,y p-. �%'t 4. ° Iu'r ,r` _ J tom' + '.. l f •"n.r :�.+�� /i^��..r rwi ^` a,,,. �i� M,.. "'Sr.o-rM� i '.'t ,.RA�7✓' ..iea��(�'(J .. 4.: • ! `� . _ �` s - ...cam -s - ,t.."......_._ Purpose for BMP Packet • Reduce nonpoint source pollution • Minimize stormwater runoff • Improve local water quality • Protect the Indian River Lagoon 02/05/2019 12.F.1. Zfl 2 Included are 5 important BMPs for IRC 0#1 Right Plant, Right Place •#2 Fertilize Appropriately 43 Irrigation Management •#4 Taking YourYard to the Next (FL Friendly) Level •#5 Pesticide & Herbicide Usage Zfl 2 #1. Right Plant, Right Place • Plants in the correct location will thrive with minimal amounts of water, fertilizer, and pesticides • Successful landscape design is thorough planning: lighting, water, growth, and location. • By planting more plants, shrubs, and; bushes, you are eliminating the need. for turf grass._r� d Y r. ,s�= Zfl 2 02/05/2019 12.F.1. 21-3 #2 Fertilize Appropriately water morning between 6 AM and io AM; this reduces loss of water due"„? to evaporation. • Fertilize twice a year; once in the fall and once in the spring. • Prevent algal growth by using a fertilizer with 0% Phosphorous • Avoid fertilizing within so feet of any water body. • Never leave grass clippings in the street. . r "' A��.. I . ”' � :ti�, , } ` .+L...N ,- .aL • Overwatering makes plants.. drought intolerant. • Use mulch to retain moisture in garden beds and around trees. 7 !A ,o _•-0.;,r,; E €r ;' w4 i, "r . ,,.. t ..Jx 1 "moi y� ..��j°~";ai It can be hard to think of "nutrients" as pollutants, but in our waterways, too many nutrients cause rapid algal growth, removing oxygen from the water and can block photosynthesis. 21-3 #3 Irrigation Management • The best time to is in the water morning between 6 AM and io AM; this reduces loss of water due"„? to evaporation. , , A��.. I . ”' � :ti�, , } ` .+L...N ,- .aL • Overwatering makes plants.. drought intolerant. • Use mulch to retain moisture in garden beds and around trees. 7 !A ,o _•-0.;,r,; E €r ;' w4 i, "r . ,,.. t ..Jx 1 "moi y� ..��j°~";ai 21-3 02/05/2019 12.F.1. #4 Taking YourYard to the Next Level • Rain gardens slow water from leaving your yard and allow the rain to replenish the ground water. ra R BM 1 RK • Butterfly gardens provide wildlife habitat and encourage native plant diversity. • Both reduce the amount of turf grass, which in amount of runoff. „'� turn reduces the Anrl,.....,-, a&: �.::,�,.... .a 4.:.,. �Y «ai✓3. ._..X2.4', #5 Pesticide & Herbicide Usage • When you notice pests and weeds in your yard, decide on the best course of action before automatically choosing chemical applications. • Limit the amount of chemicals used • Avoid using broad-spectrum insecticides or herbicides. ra R BM 1 RK i 02/05/2019 12.F.1. 2`1-5 S e..,J,z'.£^iri%Fi3'il' :LY°+>'k="v yy����....�'''✓� x`P'iFdiL.,'.5; ".:!v .. rtv �:.`S',M :?f�ai , ",: : ��3 •«�.,; :' i/r;:.", - c� .. ;r:. i u:�A, �3sa't^"r,„ :a�x°,.;, x.:: -:.. 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LAVIKirj;41':Or`32.'. xx ".WS -N. 2`1-5 Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: To: From: Through: Prepared By: Subject: January 23, 2019 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Services Jennifer Hyde, Purchasing Manager Terry Southard, Operations Manager, Utility Services Request for Sole Source for Hach Equipment and Supplies BACKGROUND/ ANALYSIS: Both the water treatment plants (WTP) and wastewater treatment facilities (WWTF) use Hach lab equipment to analyze water chemistry to meet Florida Department of Environmental Protection (FDEP) standard equipment permit requirements. The equipment includes meters for chlorine, turbidity, pH, and conductivity. In addition to the meters, these analyzers require reagents and other miscellaneous supplies necessary for testing the water. Within the water/wastewater facilities, we have a combined total of 88 Hach meters to analyze water quality; as required by our state permits. With the standardization of Hach equipment, any operator can work at any facility and have knowledge of how to maintain/repair a Hach analyzer. Additionally, the inventory of spare parts for the equipment is Tess than if we had multiple brand analyzers. Staff has found Hach to be reliable equipment with a high quality of service from the company. Total expenditures to Hach in Fiscal Year (FY) 2017/2018 for equipment and supplies was $72,805.11. In FY 2018/2019, $40,241.85 in equipment is already encumbered. FUNDING: Funds for the additional operating supplies are available and encumbered in various water and wastewater accounts in the operating fund. Operating fund revenues are derived from water and sewer sales. Description Account Number Amount WWTF Chemicals 47121836-035230 $6,500.00 WWTF Maintenance 47121836-044690 $6,000.00 WTP Chemicals 47121936-035230 $6,500.00 Water Plant Maintenance 47121936-044610 $6,000.00 C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@ BCL@B00DF466\@ BCL@B00DF466. Doc Page rg RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners declare the Hach Company as the sole source provider for water quality sampling equipment and related supplies, and authorize the Purchasing Division to issue purchase orders as necessary. ATTACHMENT: Sole Source Letter C:\Users\Legista r\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@ B00DF466\@BCL@ B00DF466.Doc 219 The Sole Authorized Manufacturer and Direct Distributor Letter 10/05/2018 Customer Name: Indian River Cnty Utilities Customer Address: 1801 27th St Bldg A Customer City, State, Zip: Vero Beach, FL 32960 Customer Account Number: 037967 Item(s): Description(s): RE: SOLE SOURCE LETTER— Hach Brand Instruments Hach Brand Products — Instruments and Chemistry: Brands to include, but not limited to: Other Hach Brands ANATEL,, pr. Lange, Environmental Test Strips, jvita, GLI, HIAC, Homeland SecurityTechnologies, Hydrolab, IQ Scientific Instruments, Lachat Instruments, j.eica Microsystems, Marsb-McBirney, MET ONE. OPS Systems, ORBISPHERE, OTT. Hydrometry, POLYMETRON, Radiometer Analytical, $ea -Bird Electronics, Sigma, WET Labs Thank you for your interest in Hach Company products. This letter is to advise that Hach Company is the sole source manufacturer and distributor for all Hach branded instrumentation and chemistry used with Hach instruments. This excludes all resell items, such as glassware, measuring spoons, brushes, and other general lab accessories. Any software or firmware additions or alterations must be purchased directly from Hach Company This letter is to confirm that Hach Company is the sole authorized manufacturer and direct distributor of the item/items listed above. Thank you for your interest in Hach Company Products. If we can be of further assistance, please contact us at 1-800-227-4224. Thank you 220 County Attorney's Matters - B.C.C. 2.5.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,-County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 25, 2019 SUBJECT: City of Sebastian Fire Marshal Ordinance BACKGROUND. Pursuant to section 208.09 of the Indian River County Ordinance Code (the "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the Fire Chief of the Indian River County Fire Division, under the direction of the Director of the Indian River County Department of Emergency Services. Additionally, the fire chief is responsible for designating a fire marshal who is responsible for the administration and enforcement of applicable provisions of the Code, the State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, Florida Administrative Code. The fire marshal, or his or her designee, is responsible for issuing permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards. On March 6, 2018, the County Attomey's Office presented an agenda item to the Indian River County Board of County Commissioners (the "Board") concerning an ordinance being considered by the City of Sebastian (the "City") City Council (the "Council") that would establish an independent City Fire Marshal's Office that would have the same responsibilities as that of the Indian River County Fire Marshal's Office. The Board voted to oppose the ordinance. On March 14, 2018, after taking comments from the public, including testimony from the County Administrator, the Council voted to approve the ordinance. On June 12, 2018, the Board authorized the County Attorney's Office to draft a resolution which would initiate the Florida Governmental Conflict Resolution Act (the "Act") in order to see if the Indian River County Emergency Services District and the City would be able to resolve the differences between the two entities before any litigation is filed. Since that time, County staff has tried to work with City staff to see if a compromise could be made prior to initiating the conflict resolution process under the Act. Unfortunately, this was unsuccessful. Thus, per the Board's direction, the County Attorney's Office has drafted the attached resolution. .PlAnorneyn4inclaiGENERADB CCUgendaMemasiCiry of Sebastian Fix MarshalResoheioadoex 221 Board of County Commissioners January 25, 2019 Page Two After the conflict resolution procedure has been initiated, a conflict assessment meeting is held. The County Administrator and the City Manager, or his -designee, --would attend the conflict assessment meeting. During the conflict assessment meeting, the governmental entities discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. If the issues cannot be resolved during the conflict assessment meeting, the parties would conduct a joint public meeting and then mediation, if necessary. Per the Act, a facilitator may be utilized by the parties during the process. FUNDING. The costs of the conflict resolution process are to be split evenly between the parties. The funding for participating in the conflict resolution process is budgeted and available in the Emergency Services District/Fire Rescue/Legal Services account number 11412022-033110. The County Attorney does not anticipate the conflict resolution process costing more than $3,000. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the draft resolution initiating the conflict resolution procedure under the Florida Governmental Conflict Resolution Act. ATTACHMENT. Proposed Resolution ClUsersicnromr4fppDatnlLxaNtlicsosfAlfIndomslTemparo!vinternet FileAComencOutloaklG7417198LIC7ry ofSebastian Fire Almahnl Resoluti.m.docx 222 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DECLARING THE INTENT OF THE BOARD TO INITIATE THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES, THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT; FINDING THAT A CONFLICT EXISTS WITH THE CITY OF SEBASTIAN WITH RESPECT TO THE CITY FIRE MARSHAL'S OFFICE; DIRECTING THE COUNTY ADMINISTRATOR TO MAIL A CERTIFIED COPY OF THIS RESOLUTION TO THE CITY OF SEBASTIAN AS WELL AS THE CITY OF FELLSMERE. WHEREAS, pursuant to section 208.09 of the Indian River County Ordinance Code (the "Code"), the Indian River County Fire Marshal's Office is operated under the supervision of the Fire Chief of the Indian River County Fire Division, under the direction of the Director of the Indian River County Department of Emergency Services; and WHEREAS, the fire chief is responsible for designating a fire marshal who is responsible for the administration and enforcement of applicable provisions of the Code, the State Fire Prevention and Control Chapter (Chapter 633, Florida Statutes) and Chapter 69A-60, Florida Administrative Code; and WHEREAS, the fire marshal, or his or her designee, is responsible for issuing permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards; and WHEREAS, under section 208.11 of the Code, unless otherwise provided by law, annual fire safety inspections are required to be conducted by qualified inspectors of all buildings specified in the Florida Fire Prevention Code under the emergency services district jurisdiction; and WHEREAS, the City of Sebastian City Council has adopted an ordinance establishing an independent City Fire Marshal's Office that would have the same responsibilities as that of the Indian River County Fire Marshal's Office; and WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, requires governmental entities to follow a dispute resolution process prior to engaging in litigation against another governmental entity; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners adopts as true and correct the recitals stated above and incorporates same by reference as part of this Resolution. FMnomeyiLinckihENERADResolvnou & Ordinmras'Resolutlons'.Chnpur 164 Fire Marshal ResolYHondoc Page 1 of 2 223 RESOLUTION NO. 2019- 2. It is the intention of the Indian River County Board of County Commissioners to initiate the conflict resolution procedures provided by the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, prior to initiating court proceedings to resolve the conflict. 3. The issue of conflict is with the City of Sebastian with respect to the City's Fire Marshal's Office. 4. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of County Commissioners requests that a letter and a certified copy of this resolution be sent to City of Sebastian City Manager, Paul Carlisle by certified mail, return receipt requested. The letter shall state the nature of the conflict, and the justification for joining the conflict resolution process, and suggestions regarding the officials who should be present at the conflict assessment meeting. Copies of the letter shall also be provided to the City of Fellsmere. 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 5th day of February, 2019. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Bob Solari, Chairman Approved as to form and legal sufficiency: By: xylan Reingold, County Attorney F..44ttorneyDnda1QENERALUfesoludons & Ord/nances4Rescludonslaapter 164 Flredforsha!Resuludon.dac Page 2 of 2 224 ie County Attorney's Matters - B.C.C. 2.5.19 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 Attomey DATE:. January 18, 2019 SUBJECT: Economic Development Council Membership BACKGROUND. The Economic Development Council, established in 1993 and restructured in 2003, consists of 22 members. On January 15, 2019, the Indian River County Board of County Commissioners (the "Board") voted to add the position of healthcare industry representative to the Economic Development Council. Per the Board's direction, the County Attorney's Office has drafted the attached resolution adding the position of healthcare industry representative to the Economic Development Council, increasing the membership to 23 members. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the resolution as presented. ATTACHMENT(S). Draft Resolution FAAttorneyilindaIGENERALIB C CL4gendaMemoaIEDCMembership 20194oc 225 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADDING THE POSITION OF REPRESENTATIVE FROM THE HEALTHCARE INDUSTRY ON THE ECONOMIC DEVELOPMENT COUNCIL. WHEREAS, by Resolution 93-175, the Board of County Commissioners of Indian River County, Florida (the "Board"), created an Economic Development Council; and WHEREAS, the Board restructured the Economic Development Council by approving Resolution 2003-127, which established 19 members on the Economic Development Council; and WHEREAS, the Board added three :additional members to the Economic Development Council to provide representation for the Town of Indian River Shores, the Town of Orchid and the Work Force Development Board by approving Resolution 2008-003, thus establishing the Economic Development Council with 22 members; and WHEREAS, the Board replaced the member from the Manufacturing Task Force, which was disbanded, with a member from the County's manufacturing industry to the Economic Development Council by approving Resolution 2008-091, thus establishing and maintaining the Economic Development Council with 22 members; and WHEREAS, the Board replaced the representative from the various local civic organizations with a member from Indian River State College by approving Resolution 2012-054, thus establishing and maintaining the Economic Development Council with 22 members; and WHEREAS, the Board replaced the local citrus industry representative position with a representative from the local agriculture industry by approving Resolution 2018- 49, thus establishing and maintaining the Economic Development Council with 22 members; WHEREAS, due to the economic impact of the healthcare industry in Indian River County, it is the will of the Board to add a healthcare industry representative position on the Economic Development Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: F:\Attomey\Linda\GENERAL\Ftesolutions & Ordinances\Resolutions\resolution of economic development revision 2019.doc 226 RESOLUTION NO. 2019- 1. ESTABLISHMENT. The position of healthcare industry representative in hereby established on the Economic Development Council thus establishing a total of 23 members of the Economic Development Council. 2. NO OTHER CHANGES. Aside from adding the membership of a healthcare industry representative, no other changes are made to the Powers, Duties and other provisions of the Economic Development Council. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman 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 February, 2019. INDIAN RIVER COUNTY Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By By Bob Solari, Chairman Deputy Clerk Approved for form and legal sufficiency: Dylan Reingold County Attorney 2 227 l3G County Attorney's Matters - B.C.C. 2.5.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 25, 2019 SUBJECT: Indian River County et al., v. United States Department of Transportation, et al. BACKGROUND. On March 17, 2015, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to file a complaint in federal court challenging the U.S. Department of Transportation's ("USDOT's") approval of the issuance of the $1.75 billion of tax exempt private activity bonds for the All Aboard Florida project. On March 24, 2015, the Board authorized the County Attorney's Office to include the Emergency Services District as a plaintiff in the case. As the Board is aware, as a result of the decision in that case, the USDOT withdrew its private activity bond allocation for Phase II of the All Aboard Florida project. On December 19, 2017, the Board authorized the County Attorney's Office to file a lawsuit against the USDOT in conjunction with issuance of the Record of Decision for Phase II of the All Aboard Florida project. On February 13, 2018, Martin County, Indian River County and CARE -FL filed a lawsuit in federal court challenging the validity of the private activity bonds and the National Environmental Policy Act ("NEPA") process for Phase II of the All Aboard Florida project. Martin County and CARE -FL have since withdrawn from the case. The court held an oral argument on the motions for summary judgment on November 27, 2018. On December 24, 2018, the court issued an opinion granting Defendants' Motion for Summary Judgment, granting Intervenor -Defendant's Motion for Summary Judgment, and denying Indian River County's Motion for Summary Judgment. At the direction of the County Attorney's Office, on January 14, 2019, outside counsel filed a notice of appeal in order to preserve the County's appellate rights. We anticipate the clerk of the D.C. Circuit Court of Appeals to issue an initial scheduling order shortly that will likely require the submission of several forms within 30 days of the date of the order. We then expect a couple weeks later that the clerk will issue a scheduling order which will contain the various due dates for the briefs and appendix. We may be given perhaps 6 weeks from the date of the scheduling order to file our brief and the appendix. F.MuomeylLlndaIGENERALIBC CUgendaMemoiNmUanRiver Coanry v. USDOT.do, 228 Board of County Commissioners January 25, 2019 Page Two The County Attorney's Officebelieves that the County has meritorious claims on appeal relating to the illegality of the private activity bonds and the insufficient NEPA analysis performed by the Federal Railroad Administration. Outside counsel estimates that an appeal of the matter, which could last up to 18 months, will cost between $350,000 and $400,000. In order to provide a level of certainty, outside counsel has offered to cap the total costs of the appeal at $400,000. On November.20, 2018, the Board voted to allocate an additional $1 million to fight the proposed project. The County Attorney's Office believes that this an appropriate use of those funds. FUNDING. Funds for this expenditure are available as a result of the November 20, 20.18 additional $1 million funding allocation in the General Fund/County Attorney/Legal Services/A11 Aboard Florida, Account # 00110214-033110-15023. RECOMMENDATION. The County Attorney's Office recommends that Indian River County Board of County Commissioners authorize the County Attorney's Office and outside counsel to proceed with the appeal with a cap on total costs at $400,000. F.WttomeyVLdalGENERALIB C CUgeadaAfemosVmBanRhrs Cmmryv. USDOT.dot 229 /3D County Attorney's Matters - B.C.C. 2.5.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attomey Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 30, 2019 SUBJECT: Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program BACKGROUND On July 12, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the Southeast Florida Behavioral Health Network ("SEFBHN") to file a Notice of Intent to Submit an Application to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida Department of Children and Families Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant (the "Grant"). Indian River County was successful in obtaining the Grant in the amount of $1.2 million over a three year period. The Grant has been used to assist the Indian River County Mental Health Court program. On December 5, 2018, the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the application for another Grant which would be used to support expanded services for the mental health court program. On January 8, 2019, the Board approved a letter designating SEFBHN to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. SEFBHN is finalizing the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant, which is due by February 5, 2019. A notice of intent for the Grant will be submitted by the January 31, 2019 deadline. FUNDING. The Application will be for up to $400,000 per year for three years. The Grant requires a local match equal to the amount of the Grant. The match is the portion of project property and services (staff time, fringe benefits, supplies, equipment, travel, rent, etc.) coming from other than State funds. The match may be derived from Indian River County or private sources. Both "cash" contributions and "in-kind" ClUsersllegistar4lppDatalLacallTempIBCL Technologieslea.(vPDF 81@BCL@900D49CE1@BCL@900D49CE.doc 230 Board of County Commissioners January 30, 2019 Page Two contributions may be utilized to satisfy the match requirement. There will be no County cash match for this application. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize Southeast Florida Behavioral Health Network to file an application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and authorize the chair to execute the letter of support of the application. ATTACHMENTS Letter of Support C:IUsersIlegistarUppDamlLocallTemOCL TechnologievleasvPDF81QBCLQ900D49CEIQBCLQ900D49CE.doc 231 February 5, 2019 Southeast Florida Behavioral Health Network, Inc. 140 Intracoastal Pointe Drive, Suite 211 Jupiter, FL 33477 RE: Criminal Justice, Mental Health, and Substance Abuse reinvestment Grant #RFA06H16GS1 Dear Sir/Madam: Indian River County is pleased to offer this letter of support and commitment for Southeast Florida Behavioral Health Network, Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. It is our understanding that this grant project is proposed to provide enhanced services for the most high risk mental health court clients. The acquisition of this grant will support the expansion of program services in Indian River County which will help reduce recidivism among offenders presenting with Substance Abuse Disorders, Mental Health Disorders or Co -Occurring Disorders. Indian River County acknowledges that the lead entity for this initiative is the Southeast Florida Behavioral Health Network; however, the implementation and tasks associated with this project are mainly the result of the collaboration of many stakeholders including Mental Health Collaborative of Indian River County, Indian River County Mental Health Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. Indian River County has a long standing commitment and a vested interest in diverting individuals with mental health disorders and substance abuse issues, away from the criminal justice system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, Indian River County ardently supports this initiative and its stated goals and objectives in furtherance of the earnest desire to continually seek partnerships and programs in our community aimed at providing diversion measures for this vulnerable population. Sincerely, Bob Solari Chairman 232 Randi Wardlow 'rom: Terri Collins -Lister Sent: Friday, February 01, 2019 3:31 PM To: Randi Wardlow Subject: FW: Agenda Item 13D - Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Attachments: CJMHSA Reinvestment Grant - IRC 2019.pdf Terri Collins -Lister Supervisor to the Clerk to the Board and the Value Adjustment Board 1801 27th Street, Building A Vero Beach, FL 32960 Indian River County 772-226-1432 Office 772-978-1857 Fax From: Dylan Reingold [mailto:dreingold@ircgov.com] Sent: Friday, February 01, 2019 11:19 AM To: Bob Solari <bsolari@ircgov.com>; Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Tim Zorc <tzorc@ircgov.com> Cc: Jason Brown <jbrown@ircgov.com>; Dori Roy <droy@ircgov.com>; Kristin Daniels <kdaniels@ircgov.com>; Christina Moore <cmoore@ircgov.com>; Terri Collins -Lister <tlister@clerk.indian-river.org> Subject: Agenda Item 13D - Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Commissioners, Good morning! Please find attached the grant application prepared by Southeast Florida Behavioral Health Network for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program. This is for item 13D on the agenda. Dylan From: Gregory Jackson <gregory.jackson@sefbhn.org> Sent: Friday, February 01, 2019 11:14 AM To: Dylan Reingold <dreingold@ircgov.com>; Cynthia Cox <CoxC@circuit19.org>; Kane Fonteyn <Lisa.Fonteyn@pol9.org>; sstrickland@ircsheriff.org 'c: Gwen Morse <Gwen.Morse@sefbhn.org>; Becky Walker <Becky Walker@sefbhn.org>; Linda Kane <linda.kane@sefbhn.org> Subject: Final Grant Application 1 22-1 Good morning, -ee attached, final expansion grant application. Thank you. Gregory Jackson, Director of Program Innovation Southeast Florida Behavioral Health Network (SEFBHN), Inc. 1070 Indiantown Road. Suite 408 Jupiter, FL. 33477 Phone#: (561) 203 -2485, extension 316 Cell#: (850) 445 - 3599 Fax#: (561) 203 — 2487 gregoryjackson@sefbhn.org Southeast Florida Bel avio ai Hea!tii Network 2 13 D, Cover Page & Certified Designation Letter Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant PROPOSAL INFORMATION Type of Grant: Planning Grant ❑ Implementation and Expansion Grant ri Project Title: Indian River County Mental Health Court Wraparound Project County(ies): Indian River County Preferred Project Start Date: February 1, 2020 APPLICANT INFORMATION Type of Applicant County Managing Govemment ❑ Consortium of County Govemments ❑ ❑ Law Enforcement Agency ❑ Entity ri NFP Community Provider Applicant Organization Name: Southeast Florida Behavioral Health Network Contact Name & Title: Becky Walker - Chief Operating Officer Street Address 1070 E. Indiantown Road, Suite 408 City, State and Zip Code: Jupiter, Florida 33477 Email: Becky_Walker@sefbhn.org Phone: (561) 203-2485 ADDITIONAL CONTACT Participating Organization Name: Southeast Florida Behavioral Health Network Contact Name & Title: Gregory Jackson - Director of Program Innovation Street Address 1070 E. Indiantown Road, Suite 408 City, State and Zip Code: Jupiter, Florida 33477 Email: Gregory.Jackson@sefbhn.org Phone: (561) 203-2485 FUNDING REQUEST AND MATCHING FUNDS Total Amount of Grant Funds Requested Total Matching Funds: Program Year 1 $400,000 $400,000 Program Year 2 $400,000 $400,000 Program Year 3 $400,000 $400,000 Total Project Cost CERTIFYING OFFICIAL Certifying Official's Signature: $1,200,000 \. -:h1 $1,200,000 Certifying Official's Name (printed): N `i\sv 1�EQ N EA, Title: r -R p,e.-s ►7�N'C" / CSO Date: `-3(—Z©{() Bob Solari Chairman District 5 Susan Adams Vice Chairman District 1 January 8, 2019 BOARD OF COUNTY COMMISSIONERS Ann Berner Southeast Florida Behavioral Health Network 140 Intracoastal Point Dr Suite211 Jupiter, FL 33477 Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 RE: Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant On December 5, 2018, the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program voted to support the filing of an application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. On January 8, 2019, the Indian River County Board of County Commissioners designated Southeast Florida Behavioral Health Network to submit a Notice of Intent to file the application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. The Board also voted to approve and support the designation of Southeast Florida Behavioral Health Network to be the applicant for Indian River County. Sincerely, Bob Solari Chairman Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 Table of Contents Cover Page & Certified Designation Letter 1 Statement of Mandatory Assurances 4 Match Commitment and Summary Forms 5 Statement of the Problem 15 Project Design and Implementation 18 Performance Measures 27 Capability and Experience 28 Evaluation and Sustainability 32 Project Timeline 34 Letters of Commitment 37 Line Item Budget and Budget Narrative 45 Appendix A — Strategic Plan 49 Regional Partnership Strategic Planning Process and Participants 49 Appendix B - References 54 Appendix C - CJMHSA Reinvestment Grant Planning Committee 55 Statement of Mandatory Assurances Initial A Infrastructure: The Applicant shall possess equipment and Internet access necessary to participate fully in this 'q.` 46 solicitation. 6 Site Visits: The Applicant will cooperate fully with the Department in coordinating site visits, if desired by the r Department. C. Non-discrimination: The Applicant agrees that no person will, on the basis of race, color, national origin, creed or A a religion be excluded from participation in, be refused the benefits af, or be otherwise subjected to discrimination pursuant to the Act goveming these funds or any project, program, activity or sub -grant supported by the requirements of, (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color` or national origin; (b) Title IX of the Education Amendments of 1972, as amended which prohibits discrimination the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment Opportunity Program (EEOP) must meets the requirements of 28 CFR 42.301. D Lobbying: The Applicant is prohibited by Title 31, USC, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," from using Federal funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal funds if grants and/or cooperative agreements' exceed $100,000 in total costs (45 CFR Part 93). E Drug -Free Workplace Requirements: The Applicant agrees that it will, or will continue to, provide a drug-free ei Aso workplace in accordance with 45 CFR Part 76. F. Smoke -Free Workplace Requirements: Public Law 103-227, Part C -Environmental Tobacco Smoke, also known ' as the Pro -Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's projects provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for Inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. G. Compliance and Performance: The Applicant understands that grant funds in Years 2 and 3 are contingent upon compliance with the requirements of this grant program and demonstration of performance towards completing the grant key activities and meeting the grant objectives, as well as availability of funds. H Certification of Non -supplanting: The Applicant certifies that funds awarded under this solicitation will not be used �� for programs currently being paid for by other funds or programs where the funding has been committed. I. Submission of Data: The Applicant agrees to provide data and other information requested by the Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the Center to perform the statutory duties established in the authorizing legislation. J Submission of Reports: The Applicant agrees to submit quarterly progress reports and quarterly fiscal reports, ,�,�� (��``�\ '1 signed by the County Administrator, to the Department. Date - Match Commitment and Summary Forms Appendix 1- MATCH SUMMARY L the entire grant period) atruuty n Si aolq County - 4401v1 ll UPS Type of Grant - CJM 4-1SPc Rginve meant Match Requirement Percentage - Total Match Required for the Grant $ I4G01 QGO Match Committed: Cash $ In -Kind $(paO,Q(JO Total $ Comments: Prepared By Approved By ►�- . Z '\ x A-"r'�' �' APPENDIX H - COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) TO: (name of county) NGtl/ �t N /e r de/' FROM: (donor name) 2 ,id,aN iQ i ver- eau r,fy SAer-i rf ' offrce ADDRESS: 1/"5S `// c'e/k/ e,-, ce e Vera 13eac4r PL 32-96a The followingspace, equipment, _ goods or supplies, and _ services, are donated to the County permanently (title passes to the County) temporarily (title Is retained by the donor), for the period to Description and Basis for Valuation (See next page) Description Value (1) SQ/4r7 cm/s trlZ //o'y / 23, 32.5 (2) 59i -vices /vei-q4 / eye vses $ 8 $, 76ta (3) $ -/,- (4) $ 40,`" Tark vALuE ,4 - TOTALVALUE$ Z/ 2, a45 K 811P.=4(23(Q)vr5 The above donation is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has ft been previously purchased from or used as match for any state or federal contract. D//3/ z4f?\NAV.94w,‘l - 31-'7,01°i (Donor Signature) (Date) (County Designee Signature) (Date) Appendix H (cont.) BASIS OF VALUATION Building/Space 1. Donor retains title: a. Fair commercial rental value - Substantiated in provider's records by written confirmations) of fair commercial rental value by qualified individuals, e.g., Realtors, property managers, etc. b. (1) Established monthly rental of space $ //1/4- (2) //4(2) Number of months donated during the contract /U/h} Value to the project 0.(1) X b.(2)] $ 4i4- 2: Title passes to the County: Depreciation / a. Cost of Fair Market Value (FMV) at acquisition (excluding land) $ /1// e9' b. Estimated useful life at date of acquisition yrs. c. Annual depreciation (a./b.) $ d. Total square footage sq. ft. e. Number of square feet to be used on the grant program sq. ft. 1. Percentage of time during contract period the project will occupy the building or space /v'/' Value to project (e./d. X f. X c.) $ AVR Use Allowance a. To be used in the absence of depreciation schedule (Le., when the item is not normally depreciated in the County's accounting records). b. May include an allowance for space as well as the normal cost of upkeep, such as repairs and maintenance. insurance, etc. Equipment 1. Donor retains title: Fair Rental Value 2. Title passes to County: a. FMV at time of donation $ or b. Annual value to project (not to exceed 6 2/3% X a.) = $ /1//if Goods or Supplies FMV at time of donation Personnel Services 1. Staff of another agency or organization: Annual Salary Number of hours 2080 X . to be provided = $ /23, 3 Zs 2. Volunteer — Comparable annual salary $ 41/41- Annual Salary Number of hours 2080 X to be provided = $ /107 APPENDIX H — COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) TO: (name of county) U!1!'�(Qi/1`1iP,Vnn�'' nn FROM: (donor name) 1-1V MP,G �Th Naa��lI� 1VQ:s t.,[)i1V1PC t6M O tt r ADDRESS: 9,340 14441 1 JFr Vp 01od, - 3aq 60 The following _ space, _ equipment, _ goods or supplies, and _ services, are donated to the County permanently (title passes to the County) temporarily (title is retained by the donor), for the period to Description and Basis for Valuation (See next page) Description Value (1) J-+ to(- tx2A. llQAA (2) $ (3) $ (4) $ TOTAL VALUE $ COO The above donation is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has it been previously purchased from or used as match for any state or federal contract. ‘\\ 1-31-10 \ °t (Donor Signature) (Date) (County Designee Signature) (Date) 8 232 -10 Appendix H (cont.) BASIS OF VALUATION BulfdinalSpace 1. Donor retains title: a. Fair commercial rental value - Substantiated in provider's records by written confirmation(s) of fair commercial rental value by qualified individuals, e.g., Realtors, property managers, etc. b. (1) Established monthly rental of space $ 1 iO • "� (2) Number of months donated during the contract Value to the project [b.(1) X b.(2)] $ 5 O C) r 2. Title passes to the County: Depreciation a. Cost of Fair Market Value (FMV) at acquisition (excluding land) $ b. Estimated useful life at date of acquisition yrs. c. Annual depreciation (a./b.) $ d. Total square footage sq. ft. e. Number of square feet to be used on the grant program sq. ft. f. Percentage of time during contract period the project will occupy the building or space Value to project (e./d. X f. X c.) $ Use Allowance a. To be used in the absence of depreciation schedule (i.e., when the item is not normally depreciated in the County's accounting records). b. May include an allowance for space as well as the normal cost of upkeep, such as repairs and maintenance, insurance, etc. Equipment 1. Donor retains title: Fair Rental Value 2. Title passes to County: a. FMV at time of donation $ or b. Annual value to project (not to exceed 6 2/3% X a.) = $ Goods or Supplies FMV at time of donation Personnel Services 1. Staff of another agency or organization: Annual Salary Number of hours 2080 X to be provided = $ 2. Volunteer — Comparable annual salary $ Annual Salary Number of hours 2080 X to be provided = $ TO: (name of county) FROM: (donor name) ADDRESS: APPENDIX H — COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) 4a9c, 57114 7kR ce Veliu &oziA, 3 'i loo The following space, _ equipment, goods or supplies, and _ services, are donated to the County anentiy (title pas es to the County) 7 temporarily (title is retained by the donor), for the period . o to t cDo Description and Basis for Valuation (See next page) Description (1)00fteeleACtOMM tkEartfp, (2) (3) (4) pe Value $ TOTAL VALUE $cDpialsr -i,r 3 t 2 fS The above donation is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has it been previously purchased from or used as match for any state or federal contract. \(\3\r--b.&A.ret,--- (Donor Signature) (Date) (County Designee Signature) 1-31- 2o1° (Date) Appendix H (cont.) BASIS OF VALUATION Building/Space 1. Donor retains title: a. Fair commercial rental value - Substantiated in provider's records by written confirmation(s) of fair commercial rental value by qualified individuals, e.g., Realtors, property managers, etc. rr-- � b. (1) Established monthly rental of space 940. cn v C.ye I v $ E (, ota-9 (t'tttt'e bit L . (2) Number of months donated during the contract Value to the project [b.(1) X b.(2)] $ c O,a1a 2. Title passes to the County: Depreciation a. Cost of Fair Market Value (FMV) at acquisition (excluding land) $ b. Estimated useful fife at date of acquisition yrs. c. Annual depreciation (a./b.) $ d. Total square footage sq. ft. e. Number of square feet to be used on the grant program sq. ft. f. Percentage of time during contract period the project will occupy the building or space Value to project (e./d. X f. X c.) $ \ Use Allowance a. To be used in the absence of depreciation schedule (i.e., when the item is not normally depreciated in the County's accounting records). b. May include an allowance for space as well as the normal cost of upkeep, such as repairs and maintenance, insurance, etc. Equipment 1. Donor retains title: Fair Rental Value 2. Title passes to County: a. FMV at time of donation or b. Annual value to project (not to exceed 6 2/3% X a.) = $ Goods or Supplies FMV at time of donation Personnel Services 1. Staff of another agency or organization: Annual Salary Number of hours 2080 X to be provided = 2. Volunteer — Comparable annual salary $ Annual Salary Number of hours 2080 X to be provided = $ 11 232 - I� TO: (name of county) FROM: (donor name) ADDRESS: APPENDIX H — COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) New Horizons of the Treasure Coast, Inc. New Horizons of the Treasure Coast, Inc. 4500 W Midway Road Ft Pierce, FL 34981 The following X space, equipment, X goods or supplies, and _services, are donated to the County permanently (title passes to the County) temporarily (title Is retained by the donor), for the period 1/1/2020 to 12/31/20V Description and Basta for Vatuatlon (See next page) Description Vito (0) Office Space $ 11,195.12 (2) Office Supplies $ 1.800.00 (3) Office Phones $ 4, 320.00 (4) $ TOTAL VALUE $17;115.12 The above donation is not currently Included as a cost (either direct or matching) of any state or federal contract or grant, nor has it been previously purchased from or used as match for any state or federal contract. nor Signature) (Date) (County Designee Signature) (Date) Appendix H (cont.) BASIS OF VALUATION Suifdfnal$gace 1. Donor retains title: a. Fair commercial rental value • Substantiated in provider's records by written confirmation(s) of fair commercial rental value by qualified individuals, e.g., Realtors, property managers, etc. b. (1) Established monthly rental of space $ 310.98 (2) Number of months donated during the contract Value to the project (b.(1) X b.(2)1 2. Title passes to the County: Depreciation a. Cast of Fair Market Value (FMV) at acquisition (excluding land) $ b. Estimated useful life at dale of acquisition yrs. c. Annual deprecation (adb.) d Total square footage e. Number of square feet to be used an the grant program aq. d f. Percentage of time during contract period the project will occupy the building or space 'ft Value to project (eJd. X 1. X c) Use Allowance a. To be used in the absence of depredation schedule (Le., when the item Is not normally depreciated in the County's accounting iecords). b. May include an allowance for space as well as the namral cost of upkeep, such as repairs and maintenance, insurance, etc. 36 $ 11,195.12 $ Egglgont 1. Donor retains title: Fair Rental Value 2. Title passes to County: a. FMVat time of donation $ or b. Annual value to project (not to exceed 6 213' X a.) = $ Goads or Supplies FMV at time of donation $50 Office Phones x ' 36 months $1,800.00 patsonnelServices $120 •Office Supplies x 36 months $4,320.00 1. Staff of another agency or organization: Annual Salary Number of hours 2080 X to be provided = $ 2. Volunteer -- Comparable annual salary $ Annual Salary Number of hours 2080 X to be provided = $___. APPENDIX H - COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) TO: (name of county) lactictig IRWPAOTIAin FROM: (donor name) The (S1ri io44Q t4'ee-(f1 NdoYk ADDRESS: 1070 L.� i ekiA-FoW & Rd Japir. 3S The following _ space, equipment, _ goods or supplies, and _ services, are donated to the County permanently (title passes to the County) temporarily (title is retained by the donor), for the period to Description and Basis for Valuation (See next page) Description Value (1) Milli lAtSfinCil Ve 01%45 $14010150 pek 1a& r (2) $ (3) $ (4) $ TOTAL VALUE $4I o�O,O& The above donation is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has it been previously purchased from or used as match for any state or federal contract. .- 1 - -"ia1°1 (Donor Signature) (Date) (County Designee Signature) (Date) 14 232 -(0 Statement of the Problem Indian River County is in the Treasure Coast region of Florida and comprises a land area of approximately 543 square miles with a population of approximately 149,790 (Indian River County Chamber of Commerce, 2017). Demographically, the population in Indian River County is 75% Non -Hispanic white, 12.5% Hispanic, and 9.5% Black. The median income in Indian River County is $49,009 and the average income per capita is $30,281 according to estimates by the U.S. Census Bureau (Florida Agency for Health Care Administration (AHCA), 2017), both of which are slightly below average for the state of Florida. Indian River County's poverty rate lies at 12.7% of individuals who are below 100% of the poverty line, which is about 2.8% below the state average. Critically, Indian River County presents with a high incidence of mental illness as evidenced by a 37% higher rate of hospitalizations for mental disorders (excluding drug and alcohol -induced mental disorders) than average for the state of Florida, but does not have a higher availability of psychiatric services for these individuals (Florida Agency for Health Care Administration (AHCA), 2017). As mental illness is a known risk factor for criminal justice involvement this contributes to a significant community issue in Indian River County in which a significant number of individuals with mental illness become jailed or incarcerated, resulting in higher costs to the criminal justice system in the community. Indian River County has a 3 -year recidivism rate of over 29%, this is 5% higher than the state average and places it in the top 20th percentile among other counties in the state (Florida Department of Corrections, 2018). Additionally, mentally ill inmates tend to contribute to a significantly higher cost to the criminal justice system when jailed and incarcerated, with as much as 40% higher costs when jailed and tending to remain in jail for longer than other individuals who do not suffer from mental illness (Treatment Advocacy Center - Office of Research & Public Affairs, 2016). In terms of incarceration, individuals with mental illnesses tend to be incarcerated for longer and, when paired with the need to provide mental health treatment for these individuals while incarcerated, represents a significant cost burden to the criminal justice system that could be avoided by successfully diverting these individuals (Bureau of Justice Statistics, 2006). With targeted and effective evidence -based interventions, these individuals could instead enjoy a higher level of functioning and quality of life that avoids a long-term cycle of criminal justice involvement which carries a tremendous human and financial cost. The Indian River County Mental Health Court, which began its operations in 2015, has recently begun to address this critical issue in Indian River County. Indian River County Sherriff's Office arrested and processed 5545 individuals in 2017, while the Indian River County (IRC) jail sustains a daily average of 584. In 2017, the IRC Jail initiated 19 involuntary Baker Act examinations and in the first 5 months of 2018 there were 7 involuntary Baker Act examinations. An estimated 20 percent of inmates are classified to be held in the medical wing and most of these individuals are already on psychotropic medications when they are booked into the IRC Jail. The current screening and 15 Z32 -c'1 assessment process used by the Indian River County Sherriff's Office (IRCSO) to identify this population is as follows: Booking and Intake A screening is conducted by Indian River County Sheriffs Office (IRCSO) booking deputies, licenses practical nurses (LPN), and registered nurses (RN). o The IRC Jail has a contracted correctional healthcare provider; IRCSO medical personnel provide most services. o RNs and LPNs are employed by the IRCSO. The screening conducted at booking includes questions about the individual's mental health history, medical history, and Veteran status. If the individual meets criteria for a mental health disorder or are at risk of an involuntary Baker Act examination, they are housed in the medical wing of the IRC Jail. The medical wing can house 16-20 individuals and the medical staff is located in close proximity with additional deputies in this wing. Services that individuals with mental illness receive include telepsychiatry, face-to-face mental health counseling upon request provided by New Horizons of the Treasure Coast, and provision of psychotropic medications as needed. The first appearance hearing occurs by way of video conferencing within 24 hours of arrest. The judge is provided with the arrest affidavit and veteran status of the individual but does not receive the medical screening information from jail booking/intake. The arrest affidavit may indicate if the individual's family would like them to receive mental health treatment. The public defender is appointed at first appearance and the investigator visits client within 24 hours of the hearing. The public defender does not receive substance abuse or mental health assessment information until after first appearance. For those presenting with mental illness, Mental Health Court is seen as a pre- or post - plea diversion opportunity. The admission criteria include: Referrals from the state attorney's office, defense attorney or public defender, the judge, or if the individual volunteers for/requests the program. - Accepts individual's pre -plea or post -plea, incompetent to proceed (ITP), not guilty by reason of insanity (NGRI), as a condition of being released on their own recognizance (ROR) or on probation. - Individuals charged with a misdemeanor and/or felony. It is a continually presenting fact that a significant segment of the adult population interfacing with the criminal justice system, many of whom live in poverty, have an undiagnosed and untreated mental health, substance abuse or co-occurring disorder. These individuals have often had unsuccessful educational experiences and are unemployed, both of which are factors often leading to homelessness or housing 16 instability, nutritional insecurity and limited access to transportation; and so, when this population is released back into the community they are at significant risk of reentering the facilities that have previously proven ineffective in assisting with their overall challenges. Many of these individuals and their families are unaware of how to obtain services for their conditions, and their only options to receive treatment are by accessing care through some of the costlier and less efficient points of entry into the healthcare delivery system including emergency rooms, acute crisis services, and ultimately the adult criminal justice system. This revolving door pattern accomplishes very little and often contributes to increased recidivism for this population while draining the community's limited financial resources that could instead represent funding for more appropriate and effective mental health services. The Indian River Mental Health Court maintains an average of 126 participants at any given time, with approximately 100 individuals requiring case management. To that end, the target population that will be individuals in IRCMHC with the highest needs and who are at highest risk of recidivism. The total number of participants we expect to serve in year 1 of the grant is 30, increasing to 45 for both year 2 and 3. Thus, over the three-year grant period, we expect to serve a total of 120 individuals. Individuals at high risk of recidivism will be identified by completing the Ohio Risk Assessment System (ORAS) upon entry into the Indian River County jail and based on eligibility and with their consent to treatment, they will be referred to Indian River County Mental Health Court (IRCMHC). The target population will be further assessed by a clinical coordinator and referred to High fidelity Wraparound services. These services will specifically address the risk factors which contribute to the individual's risk of recidivism and barriers to their psychosocial stability. The implementation of a new screening tool along with more intense targeted services in the community are consistent with 2, 3 and 5 of the top five priorities that were developed during Indian River County's Sequential Intercept Mapping (SIM) workshop in June 2018. Top Priorities 1. Analysis of CJMHSA Reinvestment Grant Program — Mental Health Court 2. Comprehensive Screening and Assessment 3. Expansion of Community-based Treatment 4. Alternatives to Arrest and Jail Diversion 5. Formal Transition Planning More improvements and investments can and should be made for individuals who are at highest need and at high risk of recidivism. SEFBHN in collaboration with Indian River County Public Safety Coordinating Council and local stakeholders will to continue assess and create opportunities and programs to help reduce recidivism rates and improve services for this population. 17 Project Design and Implementation The composition of the Indian River County Public Safety Coordinating Council (PSCC) demonstrates compliance with s.394.657(2)(a) F.S. by having the chairperson of the Board of County Commissioners serve as its chairperson and including the following members: 1. The state attorney, or an assistant state attorney designated by the state attorney. 2. A public defender, or an assistant public defender designated by the public defender. 3. A circuit judge designated by the chief judge of the circuit. 4. A county court judge designated by the chief judge of the circuit. 5. The chief correctional office. 6. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff. 7. The police chief, or a person designated by the local police chief's association. 8. The state probation circuit administrator, or a person designated by the state probation circuit administrator. 9. The local court administrator, or a person designated by the local court administrator. 10.The chairperson of the Board of County Commissioners, or another county commissioner designated by the chairperson; or, if the planning council is a consortium of counties, a county commissioner or designee from each member county. 11.The director of any county probation or pretrial intervention program, if the county has such a program. 12.The director of a local substance abuse treatment program, or a person designated by the director. 13. The director of a community mental health agency, or a person designated by the director. 14. Representative of the substance abuse and mental health program office of the Department of Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the county is located. 15.A primary consumer of mental health services that is selected by the substance abuse and mental health program supervisor of the district in which the primary 18 23220 consumer resides. If multiple counties apply together, a primary consumer may be selected to represent each county. 16.A primary consumer of substance abuse services that is selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer may be selected to represent each county. 17.A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health program supervisor of the district in which the family member resides. 18.A representative from an area homeless program or a supportive housing program. 19. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director. 20. The chief probation officer of the Department of Juvenile Justice, or an employee designated by the chief probation officer. See Appendix C for a List of Members The Indian River County Public Safety Coordinating Council (PSCC) has met twice in the last 12 months - January 25th and December 5th in 2018. The Planning Council met to discuss the CJMHSA grants, their amendment and applications. They also met to discuss the Transportation plan for Indian River County. Southeast Florida Behavioral Health Network and Indian River County hosted Sequential Intercept Mapping (SIM) on June 7-8, 2018. The SIM was comprised of 36 participants representing cross -systems stakeholders including treatment providers, human services, corrections, advocates, peer specialists, law enforcement, county courts, and the judiciary. The formal report is included as an attachment to this document. The SIM provided a strategic plan for serving the target population detailed above and gave us a road map to develop this grant proposal. The CJMHSA Reinvestment grant objectives intersect with the several of the top priorities and will be directly addressed by the actions taken as part of this grant proposal, Top Priorities 1. Analysis of CJMHSA Reinvestment Grant Program — Mental Health Court 2. Comprehensive Screening and Assessment 3. Expansion of Community-based Treatment 4. Alternatives to Arrest and Jail Diversion 5. Formal Transition Planning 19 231-f( particularly the need for a comprehensive screening and assessment which will be fulfilled by the expanded implementation of the ORAS system in the Indian River County Jail and its usage for the participants of the proposed program. Naturally, the proposed intervention for the target population of high-fidelity Wraparound addresses the need for expansion of community-based treatment, alternatives to arrest and jail diversion and formal transition planning. This SIM Strategic Plan also includes an analysis of the existing CJMHSA Reinvestment Grant Program in the Indian River County Mental Health Court. This will be an ongoing need and we have included a task for this under our collaboration objective. The primary goal of the CJMHSA Reinvestment grant is to reduce recidivism and improve the accessibility and effectiveness of treatment services for the highest need individuals in the Indian River Mental Health Court System. Southeast Florida Behavioral Health Network (SEFBHN) will work in partnership with the Indian River County Sheriff's Office, Indian River Mental Health Court, New Horizons of the Treasure Coast, Mental Health Association and Indian River County's Public Safety Coordinating Council to help implement best practices, track outcomes and expand services. The proposed program will help increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment for adults with a mental illness or co- occurring disorders who are in or at risk of entering the criminal justice system. The goal will be achieved by accomplishing three objectives: 1. Expand Mental Health Court program by improving identification of individuals at highest risk of recidivism and diverting them to more targeted treatment services. A. Establish legally binding agreements with all participating entities to establish programs for the target population B. Implement a new assessment tool, the Ohio Risk Assessment System (ORAS); C. Utilize ORAS to determine baseline scores with the potential candidates and determine eligibility criteria for recommendation to High fidelity Wraparound D. Utilize the Correctional Program Checklist (CPC) tool to assess fidelity and effectiveness of ORAS 2. Increase collaboration among stakeholders in implementing the Strategic Plan and provide ongoing oversight and quality improvement activities. A. The Public Safety Planning Council, which includes the criminal justice and behavioral health systems, meets quarterly. B. A grant oversight committee meets every two months to report progress and review performance measures and timelines associated with the CJMHSA grant program and make necessary adjustments to implementation as needed. C. SEFBHN, the Managing Entity will coordinate with all relevant stakeholders regarding pertinent MOU's and data sharing. 3. Improve accessibility and effectiveness of treatment services to those at highest risk of recidivism through implementation of the evidence -based practice, High fidelity Wraparound. 20 232 -22 A. Establish two High fidelity Wraparound teams for IRCMHC B. Hire and fully train two Certified Wraparound Facilitators utilizing Florida's Statewide Wraparound Training & Certification Model while providing a structure to properly supervise and maintain a high level of service quality. C. Utilize standardized eligibility criteria to offer High fidelity Wraparound to individuals with mental illness in Indian River County jail who are at highest risk of recidivism. D. Engage multiple service providers in the team-centered approach of Wraparound services to maximize collaboration among service providers and stakeholders within a coordinated system of care to effectively improve psychosocial stability for program participants, decrease risk of recidivism and increase likelihood of successful graduation from the IRCMHC program. The proposed expansion program will provide more intensive and targeted treatment for the top utilizers in the existing Indian River Mental Health Court System by utilizing the Ohio Risk Assessment System (ORAS), which is a sophisticated, evidence-based set of instruments which measure risk of recidivism at multiple points of interaction with the criminal justice system, identifies specific risk factors that can be addressed and generates case plans that prioritize individual needs across multiple domains as well as potential barriers to successful treatment (Latessa, Smith, Lemke, Makarios, & Lowenkamp, 2009). The program will provide comprehensive evidence-based services, and expand supportive services that help sustain recovery, such as supportive housing, education, supportive employment and peer support. The implementation of the ORAS will help reduce recidivism for individuals in Indian River County Mental Health Court by effectively targeting individuals at highest risk of recidivism. Use of ORAS can be expanded to all individuals entering the Indian River County Jail as a standard comprehensive assessment. By effectively and consistently identifying these individuals at high risk of recidivism and providing intensive services to assist them in improving their psychosocial stability across multiple domains their risk of recidivism can be decreased and their chances of successful reintegration can be improved. The need for more integrated and coordinated case management has been an identified need for this population that, if fulfilled, has the potential to avert continued long- term costs to the criminal justice system and improve outcomes for individuals with mental illness who have criminal justice involvement. During service delivery the ORAS will be a critical element of this process as it enables ongoing assessment of participants' risk of recidivism to evaluate the efficacy of the services being provided. In addition to measuring risk, ORAS is capable of delivering an individualized and comprehensive assessment of individual needs related to an individual's risk of recidivism across multiple domains including family and social support, criminal history, financial situation, neighborhood problems, peer associations, behavioral patterns and substance use among others. The ORAS identifies risk that an individual will recidivate, identifies risk factors which can be used to prioritize the individual's programmatic needs, and 21 23z -Z3 identifies potential barriers to treatment (Latessa, Smith, Lemke, Makarios, & Lowenkamp, 2009). The ORAS was developed by the Ohio Department of Rehabilitation and Correction in 2009 and at the time was found to have a high level of validity for predicting an individual's risk of recidivism and has since continued to be developed and improved over the past decade. During that time the number of tools contained within the ORAS has doubled to ten and include instruments which can measure an individual's risk level, risk factors, possible barriers to successful treatment/rehabilitation of the individual and areas of need that the person might present with at different points of interaction with the criminal justice system such as upon intake to a jail or prison, pre-trial or upon community reentry. Instruments include The Pretrial Assessment Tool, The Community Supervision Tool, The Community Supervision Screening Tool, The Prison Intake Tool, and the Reentry Tool. It also includes functionality which builds potential case plans which could be directly utilized to guide services for the individual. These tools were found to have validity ratings (measured in r values) between .22 and .44. For instance, one of the more relevant tools to this proposal, The Community Supervision Tool, was found to have an r value of .362. The relatively high level of validity of the instrument will enable accurate and effective targeting of individuals with the highest need and ultimately will lead to more efficient allocation of service and treatment resources. This easily translates to and informs development of individualized case plans targeted towards reducing the individual's risk of recidivism, improving their psychosocial stability and functioning, maximizing the effectiveness of treatment services selected and ultimately creating a path towards more successful reentry. Coordination of services and support structures for each participant is a fundamental quality of the proposed design. From the initial point of engagement, the ORAS assessment will help to improve the identification of participant needs and inform service delivery for participants. The High-fidelity Wraparound services proposed utilize an inclusive team approach which physically brings together all relevant service providers and natural supports to directly communicate and coordinate with each other to ensure that the participant is receiving the services and support they need to achieve their goals and that these services are working together effectively as a system for the benefit of the participant. This represents a significant improvement in the level of access and coordination currently experienced by the target population. This intensive form of case management and the level of training provided to the individuals providing it enhance access and connection to a wider array of needed services for participants. In order to achieve this objective, comprehensive training and technical assistance with implementation of ORAS will be provided within one month of execution of a final grant agreement. All materials and tools necessary to successfully utilize the scoring instruments will be provided and assistance with implementation will be completed. Subsequently, in month 2-3 of the grant, the tool will be used to assess individuals entering the Indian River County Jail and data will begin being gathered to determine a baseline which will be evaluated and utilized to determine eligibility criteria for participation in the program. By the fourth month, participants identified as being within 22 2&-Z1 z the selected eligibility criteria will be offered High fidelity Wraparound services as part of admission into the program. Starting in month nine we will utilize the Correctional Program Checklist (CPC) tool to assess fidelity and effectiveness of ORAS. This will continue every 9 months for the duration of the grant. Central to the design of this program is the implementation and provision of High-fidelity Wraparound for the high need individuals in IRCMHC. This will improve coordination of care, access to support and treatment and psychosocial stability for individuals in a distinctly recovery -oriented manner supported at the state level. High fidelity Wraparound is a high intensity team -based care coordination strategy led by a facilitator where multiple systems come together with the individual and their natural supports as a team to create a highly individualized plan to address complex behavioral health needs, implement the plan and evaluate success over time (Schurer Coldiron, Bruns, & Quick, 2017). SEFBHN is particularly well positioned to implement usage of High-fidelity Wrapround as it has been integral in supporting systemic Wraparound training, coaching, implementation and practice for over four years and would be able to build upon efforts already in place. Wraparound is an efficacious method of providing an intensive case management for individuals. Although the concept of Wraparound services emerged in the 1980s, it became much more standardized and structured in the early 2000s (National Wraparound Initiative, 2019). For over a decade an increasingly strong body of research has supported its effectiveness with youth as long as the model is used to fidelity (Schurer Coldiron, Bruns, & Quick, 2017). It has been extensively used in the context of step-down programs from juvenile justice facility placements and has been shown to lower recidivism in youth. It has also been shown to be successful in significantly lowering recidivism rates among adult offenders including a 2006 quasi -experimental study by the Oklahoma Department of Corrections. Wraparound has previously been adapted in Florida with a common training curriculum to provide services and supports to individuals regardless of age. This utilization of the highly efficacious structure of Wraparound will meet similar needs regardless of an individual's age and by providing a culturally responsive, shared -decision making process to decrease recidivism and improve social connectedness. Wraparound emphasizes the strengths and abilities of the person receiving services and on building their support network in a culturally competent manner. It is a highly person - centered and person -driven approach that allows the individual to guide the central goals of the process and make decisions about their care. Anticipated benefits of the model for persons receiving services include increased individual involvement and voice, increased stability and connections to the community, increased knowledge of available resources, increased linkage to resources, such as housing, primary care and benefits to meet the person's identified needs, improved knowledge of mental health and substance abuse services and high level of individualization of services. Wraparound is designed to be cost-effective and focuses on establishing long-term systems and support for participants which leverages their natural support systems in a strengths -based manner. It also presents a distinct focus on utilizing these systems order to collaboratively plan for crises with both the participant and their system of services and support to not only anticipate 23 2�2JZ� crises before they happen, but to mitigate their effects when they do. Such approaches can lead to improved outcomes and higher levels of functioning (Schurer Coldiron, Bruns, & Quick, 2017). When explicit external services are needed such as mental _health treatment or inpatient hospitalization, their level of ability to help the person receiving services is maximized by the collaborative nature of the Wraparound team approach. Further, Wraparound includes a crisis planning component, which will include the use of The Wellness Recovery Action Plan® or WRAP®, for transitional age youth. WRAP is a self -designed prevention and wellness process that anyone can use to get well, stay well and make their life the way they want it to be. WRAP will decrease mental health symptoms for youth/young adults. In Florida, Wraparound has also been adapted to include Motivational Interviewing (MI) to help increase engagement opportunities and establishing and building rapport. MI is a goal -directed, client -centered counseling style for eliciting behavioral change by helping individuals to explore and resolve ambivalence. Motivational interviewing is an effective approach for changing behavior related to substance use and promoting engagement with and adherence to treatment among people with mental and co-occurring substance use disorders. MI will improve outcomes related to increasing engagement and retention in treatment as well as reduce risk and use of substances. In the Wraparound model, individual staff are certified, as opposed to overall programs. Each staff person is individually accountable to maintaining the fidelity of the process through competent training -based practice. Individuals who provide Wraparound services are known as facilitators and require a 3 -day training referred to as Wraparound 101 in order to become certified. The training includes a comprehensive and in-depth review of non-negotiable principles and four phases of the Wraparound model in detail along with utilization of common language and instruction on successful implementation of the process. The phases of Wraparound are as follows: • Phase 1 - Engagement and Team Preparation o Orient/Engage the Child and Family o Stabilize Crises/Safety and Crisis Planning o Strength- Based Assessment/Strengths, Needs and Cultural Discovery o Engagement of Team Members o Use of Motivational Interviewing — to enhance the staff's ability to engage individuals and encourage change. o Understanding of Recovery Oriented System of Care • Phase 2 — Initial Plan Development o Develop an Initial Plan of Care o Crisis Safety Planning/General safety planning o Strategies; Predict, Prevent, Plan o Creating a Culturally Competent plan based on Family and youth strengths and specific needs o Documentation 24 • Phase 3 — Implementation o Care Plan Implementation o Revisit/Track and update the Plan • Phase 4 — Transition o Transition plan for cessation of formal Wraparound Introductory training is also provided to system partners and leaders who will be part of Wraparound teams and encourage use of Wraparound as well as training for clinicians who will be part of Wraparound teams. Additionally, once supervisory staff receive 101 training, individuals at providers may become certified as coaches after approximately 10 hours of additional training, which allows them to certify others as facilitators. Key standards relevant to implementing Wraparound include: • The maximum caseload for a Wraparound facilitator is 12-15 cases depending on the population, the degree of acuity on caseloads, etc. Across Florida there is general agreement that the average caseload size should be 10-15. • The typical time spent with each participant per month is 10-15 hours. However, time is varied based on acuity of the individuals, the stage of the process, and other variables related to system involvement or cultural and linguistic needs. • Staff must receive approved Wraparound training within 3 months of hire. Coaching follows training to assist staff with meeting the minimum fidelity standards. • Supervisory Coaching is provided to each Wraparound facilitator on an on-going basis to meet proficiency in the required Wraparound skill sets. • Wraparound staff must show proficiency in the model and fidelity to the Wraparound process by being assessed at regular intervals using standardized tools such as the Vroon VDB approved Wraparound skillsets for use in the State of Florida. Within 2-3 months of final grant execution the Wraparound Coach/Supervisor and case managers will be hired by New Horizons of the Treasure Coast (NHTC). They will be provided comprehensive training as described above in collaboration with NHTC's existing Wraparound program and SEFBHN. All program staff will begin serving participants of the program as soon as possible upon completion of the training. Ongoing support and oversight will be provided by SEFBHN to NHTC to ensure that early challenges which may arise will be addressed to ensure successful implementation of the program. Additionally, regular Wraparound team meetings will be established by NHTC to ensure ongoing and frequent collaboration and discussion of changes in participant status and how to address these changes. These meetings will be held at least 3 times per week by NHTC with oversight by SEFBHN to ensure compliance; One these will include the MHC Staffing meetings that are held every Monday. Lastly, there will be ongoing training as determined by the High-fidelity Wraparound model to ensure fidelity and high-quality services to program participants. This will be provided as often as once per year. 25 Peer Specialists will also be part of the Wraparound team. The Mental Health Association of Indian River County will employ two part-time Peer Specialists to work with the IRCMHC clients. Peer Specialists provide recovery support services, designed to improve access to and retention in services delivered by people with lived experience in recovery from mental illness and/or substance abuse. The Peer Specialists will use evidence - based practices such as Well, Recovery, Action Plan (WRAP) and be trained in SOAR (SSI/SSDI Outreach, Access, Recovery) so they can help the client apply and obtain SSI/SSDI benefits. The Peer Specialist functions as a role model to peers by exhibiting competency in personal recovery and use of coping skills. They serve as a consumer advocate, providing consumer information and peer support for clients in outpatient and inpatient settings. The Peer Specialist performs a wide range of tasks to assist peers in regaining independence within the community and mastery over their own recovery process. As part of the Wraparound Team, the Peer Specialist will assist consumers in identifying and creating goals, developing recovery plans utilizing relevant skills, strengths, supports as well as resources necessary to aid them in achieving goals and self-directed recovery. The IRCMHC Staffing Team also includes jail personnel, judiciary, local mental health agencies, SAMH, State Attorney, Public Defender, local substance abuse agency, and transitional housing partner. SEFBHN will be the lead on the CJMHSA grant; however, the implementation and tasks associated with this project will be the result of the collaboration of many stakeholders including New Horizons of the Treasure Coast, Mental Health Association of Indian River County, Mental Health Collaborative of Indian River County, Indian River County Mental Health Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. It is critical that all organizations involved have frequent and reliable communications. The MHC staffing and CJMHSA program team will meet bi-weekly to reviews cases, troubleshoot barriers, and assess progress to ensure successful implementation. SEFBHN will meet semi-annually with PSPC to assess the progress and review performance measures and timelines associated with the CJMHSA grant program and make necessary adjustments to the implementation as needed. The PSPC has created a CJMHSA Grant Oversight sub -committee that will meet every two months to provide oversight, collaboration and continuous quality improvement. During this grant and as a part of the Strategic Plan law enforcement will assess their current process at intercept points, capacity issues and potential diversion initiatives. Representatives from the Indian River County Sheriffs Office, Vero Beach Police Department, and Sebastian Police Department will review current practices in relation to accessing emergency behavioral health services on the behalf of individuals that are potentially in need of involuntary assessment, and the process for linking individuals to behavioral health services while they are in custody. 26 2�z rZ� The initial phase of the internal reviews will focus on the effectiveness of the engagement efforts with local behavioral health and emergency services providers: Indian River Medical Center, Emergency Room and Behavioral Health Center, and New Horizons of the Treasure Coast, Mobile Response Team. Law enforcement leadership will also collaborate with Southeast Florida Behavioral Health Network's efforts to monitor the mobile response team services within the county and analyze the utilization of acute care resources. The secondary phase of the review will examine the processes in which booking and releasing officers coordinate care and supervision with medical wing staff persons and Sheriff's department case managers. The Wraparound model will improve access to treatment and benefits, provide comprehensive evidence -based services, and expand supportive services that help sustain recovery, such as supportive housing, education, supportive employment and peer support. Performance Measures The Project Coordinator will be responsible for collecting all data points and reporting the outcomes for this grant program. In addition to leveraging the existing data collection and monitoring structure offered by SEFBHN's existing systems, the ORAS system implemented by the program will also provide an integrated data collection element which will help to track information including recidivism risk, risk factors that contribute to the individual's risk of recidivism, and along with several other metrics. This information can be updated throughout the person's services. Metrics beyond what ORAS collects will continue to be collected and managed by SEFBHN's existing systems. The following performance measures and targets will be tracked for all persons served who consent to treatment within the scope of Indian River County's Expansion grant: • 40% who are arrested or re -arrested while receiving services • 30% who are arrested or re -arrested within one year following their ending date for Program services • 67% who do not reside in a stable housing environment on their start date who reside in a stable housing environment within 90 days of their start date • 90% who reside in a stable housing environment one year following their Program end date • 10% not employed at their Program start date who are employed full or part time within 180 days of Program start date • 24% employed full or part time one year following Program end date 27 23/ 2i • 65% assisted by the Grantee in applying for social security or other benefits for which they may be eligible but were not receiving at Program start date • 15% diverted from a State Mental Health Treatment Facility. • 50% will successfully graduate from the Indian River County Mental Health Court Program. SEFBHN recognizes that accurate data collection is essential to assessing the efficacy of the program funded by this grant. SEFBHN has an established electronic data collection system that is currently used by all our contracted providers and is maintained through a contractual relationship with Carisk Partners. Performance outcomes are established in each provider contract and the monitoring of these outcomes is done through reports, the Continuous Quality Improvement process, Quality Assurance process, and contract validation. SEFBHN takes a proactive approach to monitoring the performance of our network providers by providing technical assistance throughout the year if a provider's data indicates they are not meeting their performance measures. Similarly, the data gleaned from both the court database and IRC Sheriff Department's website will also play a key a role in ascertaining trends and providing vital statistical information used to monitor outcomes throughout the life of the grant. Capability and Experience Southeast Florida Behavioral Health Network Southeast Florida Behavioral Health Network (SEFBHN) is a non-profit agency that began operations in October 2012 as the Managing Entity for Behavioral Health Services in Palm Beach, Martin, St. Lucie, Indian River and Okeechobee counties. SEFBHN oversees a budget of more than $66,000,000.00 and contracts with over 40 private and non-profit service agencies to ensure that quality services and best practices are provided to eligible consumers and families. SEFBHN network providers employ principles of recovery including: choice, hope, trust, personal satisfaction, life sustaining roles, interdependence and community involvement. As the Managing Entity, we maintain an oversight role in which we safeguard that each of our network providers responsibly fulfill the terms of their individual contracts while ensuring that they maximize their coordinated potential within our overall integrated system of care. We accomplish this through multiple activities including: on-site contract validation that includes chart reviews and interviews with staff & consumers, on-going review of provider's performance and utilization data, contract negotiation that can result in changes to funding and the types of services that will be included in the contract based on their prior performance, use of Corrective Action Plans to improve deficiencies in a provider's performance, and regularly scheduled Continuous Quality Improvement meetings with provider staff. SEFBHN is uniquely positioned to accomplish the objectives outlined in this grant due to its existing involvement in provision of services to individuals involved in Indian River 28 23z -2-7° County Mental Health Court, its extensive experience with providing oversight and accountability for behavioral health services within its jurisdiction, its existing relationships and contracts with local service providers which will be leveraged for this project, and the significant role that it already plays in the implementation of the proposed High fidelity Wraparound services to a variety of populations in the community. SEFBHN has been providing regular Wraparound training sessions for over four years and will easily be able provide the training necessary for the facilitators needed for this project as well as overseeing the provision of these services for the duration of the project to ensure quality and fidelity to the evidence -based model. The Project Manager for the proposal will be a full-time position dedicating 100% of their time to the execution and success of the grant project for the duration of the grant period. SEFBHN will hire the project manager in the first month of the grant. The position requires a minimum of a four-year college or university degree, experience with coordination of systems of care, experience and/or education related to the criminal justice system and experience with program management and/or supervision. They will conduct care coordination as needed, analysis and continuous improvement of clinical and service outcomes for the grant as well as overseeing contract compliance throughout the implementation and execution process. The individuals responsibilities will include participating in the implementation, development, and coordination of activities described in the grant proposal; coordinating meetings and collaboration with stakeholders and service providers; collecting and tracking participant data for grant evaluation and reporting purposes, providing monthly progress reports for the grant, providing quarterly evaluation reports of program services and any other duties as assigned by SEFBHN during the grant period. Indian River County Sheriff's Department The mission of the Indian River County Sheriff's Department is to serve the public with dignity, integrity and professional service while enhancing their partnership with the community in order to protect life and property, prevent crime and solve problems. Indian River County Sheriff Loar has been part of the planning, development and launch of the Indian River County Mental Health Court program. He's conferred and collaborated with Judge Cynthia Cox, who successfully launched the St. Lucie County Mental Health Court program, prior to planning and implementing the IRCMHC. Sheriff Loar brings the capabilities and experience gained through his work with the comparable St. Lucie County program, along with an extensive base of forensic knowledge, to the Indian River County program implementation. He notes that that the IRC Sheriff's department is "only one of eleven Sheriff's Offices in the state to be CALEA, FCAC and CFA accredited." Indian River County Mental Health Court 29 Mental Health Court is the hub for agencies providing Mental Health Court services. Since January 27, 2015, The Mental Health Court has been diverting offenders away from incarceration to a program that has been successful in turning lives around diagnosed with mental health and / or substance abuse. After successfully implementing the same diversion program in St. Lucie county Florida, Judge Cynthia Cox launched the program in Indian River County. This program, which strives to keep participants out of jail by providing mental health treatment has already graduated participants who have successfully completed the program. Exhibiting collaboration within systems, clients are referred to the court by the Sheriffs Office. A treatment plan is generated for each client, which can include therapy sessions, drug or alcohol treatment or even residency programs. New Horizons of the Treasure Coast New Horizons of the Treasure Coast (aka New Horizons) is a non-profit organization that has been serving the community for over 50 years and was established in neighboring Fort Pierce, Florida. New Horizons delivers accessible behavioral and primary health care services to children, adults and families to achieve mental and physical wellness, thereby improving the quality of life in the community. New Horizons has a long-standing contract and partnership with SEFBHN since 2012 and has an intimate knowledge and understanding of the demographics, needs and unique aspects of the local community. New Horizons of the Treasure Coast operates the Mobile Crisis Teams that respond to all the communities throughout Indian River County, working to close gaps in the system of care and reduce unnecessary hospitalizations and incarcerations. They provide Mental Health, Substance Abuse, Primary Care and Crisis Support services, such as crisis stabilization units, detox, all levels of residential treatment, outpatient and case management services. New Horizons of the Treasure Coast has years of experience working with all the Mental Health Courts in Indian River, Martin and St. Lucie Counties. New Horizons will be responsible for hiring 2 full time certified Wraparound Facilitators to provide the proposed High-fidelity Wraparound services to the program participants. The primary role of the Wraparound Facilitators is to implement the wraparound process and ensure that system of care values and guiding principles are evidenced in service delivery to families with complex needs in an individualized manner while still meeting national evidence -based practice standards. The wraparound facilitator assists the family in identifying both strengths and needs and then teaches the individual to meet their needs through the utilization of their existing strengths. Prior to transition from services, the facilitator supports the individual in the utilization of skills to develop their own plans, access their own resources and develop their own natural support network. Qualifications of Wraparound Facilitators include a Bachelor's degree from an accredited university or college with a major in counseling, social work, psychology, criminal justice, nursing, rehabilitation, special education, health education, or a related human services field (a related human services field is one in which major course work includes the study of 30 232- -32 human behavior and development) and have a minimum of one year of full time or equivalent experience with the target population. The facilitator roles and functions have some similarities to those of a targeted case manager (TCM), however adherence to high- fidelity wraparound requires additional trainings, ongoing coaching, fidelity measurements, monthly family team meetings for care planning (treatment plans), access to discretionary funds for food items/small tokens/rewards and additional supervisory support beyond those of a TCM. New Horizons is particularly well positioned to execute this responsibility as a significant portion of the staff at New Horizons has received introductory training on Wraparound and are familiar with the Wraparound model. New Horizons currently employs 7 certified Wraparound Facilitators that have already been providing Wraparound services for youth in the community as well as 4 certified Wraparound coaches who could readily supervise the facilitators hired as part of the proposed project. The Wraparound Facilitators hired as part of the proposed project will have the benefit of the existing body of knowledge, experience and resources related to Wraparound at New Horizons of the Treasure Coast and will further enhance the quality of the services provided and the ability of the facilitators to begin providing quality services to program participants as quickly as possible. Moreover, participants will benefit from the immediate access to the considerable array of services provided by New Horizons both in terms of maximizing coordination of the services they are receiving in one location and in being able to immediately facilitate referrals to services that may be identified as needed during the course of their Wraparound process. Mental Health Association in Indian River County The Mental Health Association in Indian River County (MHAIRC) is a non-profit organization which utilizes two formats to provide services to the Indian River Community. The walk-in is center designed to meet emerging and imminent mental health needs of individuals and families in the community. The Center provides crisis intervention and individual therapy services to children, adults and families; case management, self-help groups, psycho -educational groups and group therapy. The Mental Health Association also facilitates Drop -In Centers which are available 365 days of the year and designed to empower consumers to change their lives. The Drop -In Centers' are peer -operated, recovery -oriented environments in the community that provide an accessible, safe, supportive and confidential place for care and recovery. The Drop -In program already operates as part of the Mental Health Court support network and mental health court participants are able to receive valuable peer support and guidance that help individuals learn to develop positive social connections and improve their decision-making through transformative interactions. The MHA has a long-standing commitment and a vested interest in diverting individuals with mental health disorders and substance abuse issues, away from the criminal justice system and towards effective treatment programs and 31 service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. The MHAIRC will be responsible for employing two part-time Certified Recovery Peer Specialists to work with the program participants as appropriate and as early as the participant's first court appearance and/or during their initial detention at the Indian River County Jail. Certified Recovery Peer Specialists (CRPS) are individuals with lived experienced related to mental illness, substance abuse and/or co-occurring disorders and additionally undergo an in-depth and standardized training and certification process to help them acquire the skills and knowledge necessary to serve in this highly specialized role. They are certified by the Florida Certification board according to specific criteria and requirements including having lived experience, 500 hours of formal work or volunteer experience related to mental health issues, 40 hours of training in relevant specific areas, 250 hours of documented experience providing peer to peer support to individuals with similar lived experience, a completed background screen and a completed exam. Certified Peer Support Specialists are particularly suited to connecting and assisting the target population due to their ability to engage with individuals at a personal level and form strong supportive relationships. The Certified Peer Specialist engages the individual while still incarcerated or they can travel out in the field initiating contact and establishing rapport. Additionally, the CRPS will be expected to be an integral part of the participant's Wraparound team. They will engage throughout the Wraparound process with the participant and assist the person in identifying community-based services and support needs while also helping them to build self-directed recovery tools, such as a Wellness Recovery Action Plan (WRAP). They then continue to actively provide support as the consumer transitions back into society. Evaluation and Sustainability SEFBHN's Project Manager will collect the data from the collaborating agencies monthly to ensure the success of the program. The performance measures will be tracked through the ORAS and SEFBHN's data systems. The success of the program will be measured in part by reduced recidivism and successful graduation from IRCMHC. The proposed initiative will help to reduce expenditures in the Indian River County Jail by lowering the recidivism rate of our target population; thus, reducing the number of individuals with mental illness in the inmate population. Inmates with mental illness have demonstrably longer incarceration periods and are a costlier population due to the following reasons: special needs related to psychotropic medications; episodic stabilization requirements; their high propensity towards co-occurring substance abuse disorders and the requisite withdrawal management services upon arrival; and, all other physical and mental health care related services that result from the decompensation triggered by incarceration. Implementing the ORAS will provide methodologies to track and measure outcomes such as recidivism rates, service needs, decrease in risk factors, and improvements in supportive/protective factors. The SEFBHN data system allows us 32 2 3 Z -3� to track the utilization of services and the exact dollar costs for those services per person across all agencies. We will be able to cross reference this with the realized savings from the Indian River County Jail and local crisis services which will be calculated based on the aggregate costs of those services during the tracked time period. These estimated cost savings can be analyzed and utilized to establish future support in the IRC community to provide funding for the continuation of the program. The SIM Strategic Plan places a priority on sustainability for the both IRCMHC and CJMHSA Reinvestment Grant, with SEFBHN, PSPC and Indian River County Board of County Commissioners taking the lead on it. In addition to the beneficial cost savings for the criminal justice system, there will be concurrent benefits to IRC's mental health and substance abuse systems due to increased funding that this proposed grant award will allocate for those services. The strategic plan for this program will expand the behavioral health infrastructure of Indian River County; and, it will also enhance the efficacy and efficiency of care in the community. Greater collaboration, and the resulting improvements from the increased partnering and communication between agencies, will benefit the consumers as well as reduce duplicated or ineffective service provision. This improvement in care will allow for high utilizers to benefit from improved community-based services, such as housing resources, reducing the numbers of individuals requiring commitment to a state mental health treatment facility. Recidivism of consumers back into the state facilities will also be reduced through improvements in community-based care and through the implementation of High-fidelity Wraparound. Strong positive outcomes for the overall program, the various stakeholder and provider agencies, as well the individual consumers will motivate additional funding and provide the impetus for long-term community support. 33 232 Project Timeline Objectives Month to begin Implementation Responsible Party Objective 1 — Expand Diversion Programs Month 1 Provide training on ORAS system SEFBHN, IRCMHC, IRCSO, partners Month 2 Begin assessing population to gather data and establish baseline data IRSCO, SEFBHN Month 3-4 Evaluate baseline data to identify eligibility criteria for program participation IRCMHC, SEFBHN Month 4 Begin providing Services to participants and begin completing assessments for initial participants who present with the highest level of need. New Horizons of the Treasure Coast Month 9 Identify initial outcomes of first group of participants and evaluate program implementation and SEFBHN and New Horizons of the Treasure Coast 34 25-,(e 35 2 Z Y) quarterly thereafter. Evaluate the effectiveness of the tool and the fidelity level of the use of the tool. Month 18 Retraining on ORAS to ensure program fidelity and continued adherence to instrument model. SEFBHN Objective 2— Increased collaboration between the criminal justice and behavioral healthcare systems, as well as other relevant stakeholders to provide ongoing oversight and quality improvement activities for the CJMHSA grant program. Month 1 Key stakeholder meeting with service provider of Wraparound and all other individuals that will be involved directly in the grant. SEFBHN Weekly meetings with case managers, therapists, mental health court manager/jail staff, project coordinator and other stakeholders as needed. New Horizons of the Treasure Coast, IRCMHC and SEFBHN Quarterly PSPC quarterly meeting to collaborate and share updates regarding project implementation. SEFBHN 35 2 Z Y) Objective 3— Implementation of the evidence -based practice, High fidelity Wraparound. 1-3 months Hire 2 case managers and supervisor/coach as needed New Horizons of the Treasure Coast Months 3-4 Provide comprehensive Wraparound training SEFBHN, New Horizons of the Treasure Coast Months 4- ongoing Establish regular meetings (minimum 3x/week) to review urgent needs such as baker acts, etc. New Horizons of the Treasure Coast Annually Annual retraining on High fidelity Wraparound for case managers to evaluate fidelity to the model, identify areas of potential improvement, and enhance quality of services. SEFBHN, New Horizons of the Treasure Coast Increase the number of SSI/SSDI approvals through SOAR applications Month 1 and on-going Train Peer Specialists and case managers Process applications Track applications and approvals SEFBHN, MHAIRC 36 Letters of Commitment Summary List of Organizations 19th Judicial Circuit Court of Florida (Indian River County Mental Health Court) New Horizons of the Treasure Coast Mental Health Association in Indian River County Public Defender - 19th Judicial Circuit Public Defender State Attorney - 19th Judicial Circuit of Florida Indian River County Sheriffs Office Nineteenth Judicial Circuit of CYNTHIA L. COX CIRCUIT JUDGE COUNTIES OF MARTIN, ST. LUCIE, INDIAN RIVER AND OKEECHOBEE 2000 -16th Avenue, Suite 303 Vero Beach, FL 32960 coxc(tcircuitl9.orn February 1, 2019 Southeast Florida Behavioral Health Network, Inc. 1070 Indiantown Road, Suite 408 Jupiter, FL 33477 RE: Criminal Justice SAMH Reinvestment Grant To Whom It May Concern: Florida Havely White Combe JUDICIAL ASSISTANT (772) 770-5231 FAX (772) 770-5335 whitehPcircuit 19.o rg Please accept this letter of support for the SEFBHN application of grant funds for the expansion of our mental health court/diversion program in Indian River County. As the presiding judge of the mental health court, additional funding and targeted case management is needed for expansion and maximum program efficacy. As you are aware, post -release treatment of those suffering with mental health and co- occurring disorders (COD) will result in better outcomes for defendants. The expansion of our program with the high fidelity wraparound model will reduce recidivism through the provision of comprehensive treatment and services, more oversight and case management as well as peer counseling. Expansion will allow more mentally ill and COD defendants to be released from our jail and receive referrals and services in the community. Through the development of partnerships and programs within our community, we will be able to provide a continuum of care for those struggling with these issues and better serve this vulnerable population. Should you need further information, please do not hesitate contacting me. C CLC:mt ncerely you_e) NTHIA COX 38 232 -40 NEw HORIZONS Of tiff t CV'J.1 COL't/,m CK[[ZHOU( January 30, 2019 Southeast Florida Behavioral Health Network, Inc. 1070 E. Indiantown Road, Suite 408 Jupiter, FL 33477 RE: Criminal Justice, Mental Health, and Substance Awareness Reinvestment Grant # RFA112818HSET1 Dear Sir/Madam, New Horizons of the Treasure Coast, Inc. is pleased to offer this letter of support and commitment for the Southeast Florida Behavioral Health Network, Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. It is our understanding that this grant proposal intends to enhance and expand diversion -related services for Adults in Indian River County with mental health and/or co-occurring disorders who interface with the criminal justice system. The acquisition of this grant will support the expansion of program services in Indian River County which help reduce recidivism among offenders presenting with mental health and/or co-occurring disorders. New Horizons of the Treasure Coast, Inc. will play a pivotal role in the implementation and operation of the Grant. The main therapeutic aspects of the grant will focus on implementation of evidence -based assessment and coordinated intensive case management services for the highest need individuals in this population. We understand that there are significant challenges and barriers that individuals with mental illness in the criminal justice system face and that successfully serving this vulnerable population requires a collaborative community approach. Enhancing natural community supports and maximizing the benefit of the system of care for these individuals as they struggle to overcome challenges, grow and become meaningful members of society is a mission we share together. New Horizons of the Treasure Coast, Inc. is fully committed to making this not only possible, but a reality. New Horizons of the Treasure Coast, Inc. acknowledges that the lead entity for this initiative is the Southeast Florida Behavioral health Network; however, the implementation and tasks associated with this project are mainly the result of the collaboration of many stakeholders including New Horizons of the Treasure Coast, Mental Health Collaborative of Indian River County, Indian River County Mental Health Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. New Horizons of the Treasure Coast, Inc. has a longstanding commitment and a vested interest in diverting individuals with mental health and/or co-occurring issues away from the criminal justice �op.ottAarA,.. 10 MYFUFAMMFLCOM 4500 W. Midway Road - Fort Pierce, Rorlda 34981- Tel 772.468.5600 — Fax 772.4685606 NEW HORIZONS ZE T!1ETTTA:UIT COAST Iwr CkUIC.lAIT system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, New Horizons of the Treasure Coast, Inc. ardently supports this initiative and its stated goals and objectives in furtherance of the earnest desire to continually seek partnerships and programs in our community aimed at providing diversion measures for this vulnerable population. Sincerely, G rge Shopland President/CEO AFTTtrAutitFICCM 4500 W. Midway Road - Fort Pierce, Rorida 34981- Tel 772.468.5600 — Fax 772.4683606 �I 232 4� Bruce H. Colton State Attorney January 30, 2019 OFFICE OF THE $fth cNtturxtev NINETEENTH JUDICIAL CIRCUIT OF FLORIDA SERVING INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES Southeast Florida Behavioral Health Network, Inc. 1070 E. Indiantown Road, Suite 408 Jupiter, FL 33477 2000 Sixteenth Avenue, Suite 329 Vero Beach, Florida 34960 (772) 226-3300 Fax: (772) 778-7211 RE: Criminal Justice, Mental Health, and Substance Awareness Reinvestment Grant # RFA112818HSET1 Dear Sir/Madam, The Office of the State Attorney — Vero Beach is pleased to offer this letter of support and commitment for the Southeast Florida Behavioral Health Network, Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. It is our understanding that this grant proposal intends to enhance and expand diversion -related services for Adults in Indian River County with mental health and/or co-occurring disorders who interface with the criminal justice system. The acquisition of this grant will support the expansion of program services in Indian River County which help reduce recidivism among offenders presenting with mental health and/or co-occurring disorders, The State Attorney's Office will play a pivotal role in the implementation and operation of the Grant. The main therapeutic aspects of the grant will focus on implementation of evidence -based assessment and coordinated intensive case management services for the highest need individuals in this population. We understand that there are significant challenges and barriers that individuals with mental illness in the criminal justice system face and that successfully serving this vulnerable population requires a collaborative community approach. Enhancing natural community supports and maximizing the benefit of the system of care for these individuals as they struggle to overcome challenges, grow and become meaningful members of society is a mission we share together. The State Attorney's Office is fully committed to making this not only possible, but a reality. The State Attorney's Office acknowledges that the lead entity for this initiative is the Southeast Florida Behavioral health Network; however, the implementation and tasks associated with this project are mainly the result of the collaboration of many stakeholders including New Horizons of the Treasure Coast, Mental Health Collaborative of Indian River County, Indian River County Mental Health Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. The State Attorney's Office has a longstanding commitment and a vested interest in diverting individuals with mental health and/or co-occurring issues away from the criminal justice system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, The State Attorney's Office ardently supports this initiative and its stated goals and objectives in furtherance of the earnest desire to 41 232. -43 continually seek partnerships and programs in our community aimed at providing diversion measures for this vulnerable population. Sincerely, Chris ter Taylor, Attorney in Charge Office of the State Attorney — Vero Beach 2000 16th Avenue, Suite 329 Vero Beach, FL 32960 January 31, 2019 OFFICE OF iamonb itip Public Defender . NINETEENTH JUDICIAL CIRCUIT 216 SOUTH SECOND STREET FORT PIERCE. FLORIDA34950 TELEPHONE (772) 462-2048 FAX (772) 462-2047 Southeast Florida Behavioral Health Network, Inc. 1070 E: Indiantown Road, Suite 408 Jupiter, FL 33477 RE: Criminal Justice, Mental Health, and Substance Abuse reinvestment Grant #RFA112818HSET1 Dear Sir/Madam, The Office of the Public Defender is pleased to offer this letter of support and commitment for Southeast Florida Behavioral Health Network, .Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. It is our understanding that this grant proposal intends to enhance and expand diversion -related services for Adults in Indian River County with mental health and/or co-occurring disorder who interface with the criminal justice system. The acquisition of this grant will support the expansion of program services in Indian River County which help reduce recidivism among offenders presenting with mental health and/or co-occurring disorders. The Office of the Public Defender, acknowledges that the lead entity for this initiative is the Southeast Florida Behavioral Health Network; however, the implementation and tasks associated with this project are mainly the result of the collaboration of many stakeholders including law enforcement; the Judiciary; the Office of the Public Defender, the . Office of the State Attorney, behavioral health service programs and other community stakeholders. The main therapeutic aspects of the grant will focus on implementation of evidence -based assessment and coordinated intensive case management services for the highest need individuals in this population. We understand that there are significant challenges and barriers those individuals with mental illness in the criminal justice system face and that successfully serving this high risk vulnerable population requires,a collaborative community approach.' The Public Defender's office has a long standing commitment and a vested interest in diverting individuals with mental ' health disorders and substance abuse issues, away from the criminal justice system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, we support this initiative and its stated goals and objectives in furtherance of the earnest desire to continually seek partnerships and programs'in our community aimed at providing treatment and diversion measures for this vulnerable population. Sincer Dia on ' . Litty Public Defender Nineteenth Judicial Circuit 43 232 -45 January 31, 2019 Sheri . De 1 Loar Indian River County Sheriff's Office Southeast Florida Behavioral Health Network, Inc. 1070 E. Indiantown Road, Suite 408 Jupiter, FL 33477 RE: Criminal Justice, Mental Health, and Substance Awareness Reinvestment Grant # RFA112818HSET1 Dear Sir/Madam, The Indian River County Sheriff's Office is pleased to offer this letter of support and commitment for the Southeast Florida Behavioral Health Network, Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. It is our understanding that this grant proposal intends to enhance and expand diversion -related services for Adults in Indian River County with mental health and/or co-occurring disorders who interface with the criminal justice system. The acquisition of this grant will support the expansion of program services in Indian River County which help reduce recidivism among offenders presenting with mental health and/or co-occurring disorders. The Indian River County Sheriff's Office will play a pivotal role in the implementation and operation of the Grant. The main therapeutic aspects of the grant will focus on implementation of evidence -based assessment and coordinated intensive case management services for the highest need individuals in this population. We understand that there are significant challenges and barriers that individuals with mental illness in the criminal justice system face and that successfully serving this vulnerable population requires a collaborative community approach. Enhancing natural community supports and maximizing the benefit of the system of care for these individuals as they struggle to overcome challenges, grow and become meaningful members of society is a mission we share together. The Indian River County Sheriffs Office is fully committed to making this not only possible, but a reality. The Indian River County Sheriff's Office acknowledges that the lead entity for this initiativeisthe Southeast Florida Behavioral health Network; however, the implementation and tasks associated with this project are mainly the result of the collaboration of many stakeholders including New Horizons of the Treasure Coast, Mental Health Collaborative of Indian River County, Indian River County Mental Health -Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. The Indian River County Sheriffs Office has a longstanding commitment and a vested interest in diverting individuals with mental health and/or co-occurring issues away from the criminal justice system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, the Indian River County Sheriff's Office ardently supports this initiative and its stated goals and objectives in furtherance of the earnest desire to continually seek partnerships and programs in our community aimed at providing diversion measures for this vulnerable population.. Sincerely; G Major Selby_Strickland, Director Bureau of Corrections 405541st Avenue • Vero Beach, FL 32960 • (772) 569-6700 .• www.iresheriff.org Line Item Budget and Budget Narrative TOTALS Category Year 1- FY19/20 Year 2 - FY20/21 Year 3 - FY21/22 TOTAL Personnel $ 289,688.00 $ 289,688.00 $ 289,688.00 $ 869,064.00 Travel $ 9,250.00 $ 9,251.00 $ 9,252.00 $ 27,753.00 Indirect Cost of ME $ - $ - $ - $ - Contractual $ 30,062.00 $ 30,062.00 $ 30,062.00 $ 90,186.00 Housing $ 51,000.00 $ 51,000.00 $ 51,000.00 $ 153,000.00 Incidentals $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 45,000.00 Training $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 Total Direct Charges $ 400,000.00 $ 400,001.00 $ 400,002.00 $ 1,200,003.00 Total Indirect Charges $ - $ - $ - $ - Total Project Costs $ 400,000.00 $ 400,001.00 $ 400,002.00 $ 1,200,003.00 SOUTHEAST FLORIDA BEHAVIORAL HEALTH NETWORK - ADMIN COSTS Category Year 1- FY19/20 Year 2 - FY20/21 Year 3 - FY21/22 TOTAL Personnel $ 59,063.00 $ 59,063.00 $ 59,063.00 $ 177,189.00 Travel $ 7,500.00 $ 7,500.00 $ 7,500.00 $ - Indirect Cost of ME $ - Contractual $ 30,062.00 $ 30,062.00 $ 30,062.00 $ 90,186.00 Housing $ 51,000.00 $ 51,000.00 $ 51,000.00 $ 153,000.00 Incidentals $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 45,000.00 Training $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 Total Direct Charges $ 160,125.00 $ 160,125.00 $ 160,125.00 $ 480,375.00 Total Indirect Charges $ - $ - $ - $ - Total Project Costs $ 160,125.00 $ 160,125.00 $ 160,125.00 $ 480,375.00 New Horizons Treeasure Coast Category Year 1- FY19/20 Year 2 - FY20/21 Year 3 - FY21/22 TOTAL Personnel $ 196,875.00 $ 196,875.00 $ 196,875.00 $ 590,625.00 Travel/Medical $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 22,500.00 Indirect Cost of ME $ - Contractual $ - Total Direct Charges $ 204,375.00 $ 204,375.00 $ 204,375.00 $ 613,125.00 Total Indirect Charges $ - $ - $ - $ - Total Project Costs $ 204,375.00 $ 204,375.00 $ 204,375.00 $ 613,125.00 MENTAL HEALTH ASSOCIATION OF IRC Category Year 1- FY19/20 Year 2 - FY20/21 Year 3 - FY21/22 TOTAL Personnel $ 33,750.00 $ 33,750.00 $ 33,750.00 $ 101,250.00 Travel $ 1,750.00 $ 1,751.00 $ 1,752.00 $ 5,253.00 Indirect Cost of ME $ - Contractual $ - Total Direct Charges $ 35,500.00 $ 35,501.00 $ 35,502.00 $ 106,503.00 Total Indirect Charges $ - $ - $ - $ - Total Project Costs $ 35,500.00 $ 35,501.00 $ 35,502.00 $ 106,503.00 45 X32-41 Personnel - Project manager: Position will be hired at the start of grant Year 1, Level of Effort will be 100% of position, 1 FTE, during grant period. Annual salary for Year 1 is $47,250; Year 2 is $47,250; and Year 3 is $47,250. Total for 3 years = $141,750. This position will be employed by Southeast Florida Behavioral Health Network. Wraparound Coach/Supervisor: Position will be hired at the start of grant Year 1, Level of Effort will be 50% of position, .5 FTE, during grant period. Annual salary for Year 1 is $27,500; Year 2 is $27,500; and Year 3 is $27,500. Total for 3 years = $82,500. This position will be employed by New Horizons of the Treasure Coast. Wraparound Case Manager: Two Positions will be hired at the start of grant Year 1, Level of Effort will be 100% of position, 1 FTE x 2 during grant period. Annual salary for Year 1 is $45,000 x 2 = $90,000; Year 2 is $45,000 x 2 = $90,000; and Year 3 is $45,000 x 2 = $90,000. Total for 3 years = $270,000. This position will be employed by New Horizons of the Treasure Coast. Case Manager: Position will be hired at the start of grant Year 1, Level of Effort will be 100% of position, 1 FTE during grant period. Annual salary for Year 1 is $40,000; Year 2 is $40,000; and Year 3 is $40,000. Total for 3 years = $120,000. This position will be employed by New Horizons of the Treasure Coast. Peer Specialist: Two Positions will be hired at the start of grant Year 1, Level of Effort will be 100% of positions, .5 FTE x 2, during grant period. Annual salary for Year 1 is $14,6750 x 2 = $29,350; Year 2 is $14,6750 x 2 = $29,350; and Year 3 is $14,6750 x 2 = $29,350. Total for 3 years = $88,050. These 2 positions will be employed by the Mental Health Association of Indian River County. Fringe Benefits — Project manager: Fringe Benefits are a combination of social security, health insurance, retirement and worker's compensation and the rate is 25%; Year 1 is $11,813; Year 2 is $11,813; and Year 3 is $11,813. Total for 3 years = $35,439. Wraparound Coach/Supervisor: Fringe Benefits are a combination of social security, health insurance, retirement and worker's compensation and the rate is 25%; Year 1 is $6,875; Year 2 is $6,875; and Year 3 is $6,875. Total for 3 years = $20,625. Wraparound Case Manager: Fringe Benefits are a combination of social security, health insurance, retirement and worker's compensation and the rate is 25%; Year 1 is $11,250 x 2 = $22,500; Year 2 is $11,250 x 2 = $22,500; and Year 3 is $11,250 x 2 = $22,500. Total for 3 years = $67,500. Case Manager: Fringe Benefits are a combination of social security, health insurance, retirement and worker's compensation and the rate is 25%; Year 1 is $10,000; Year 2 is $10,000; and Year 3 is $10,000. Total for 3 years = $30,000. Peer Specialist: Fringe Benefits are a combination of social security and worker's 46 z3z 4 compensation and the rate is 15%; Year 1 is $2,200 x 2 = $4,400; Year 2 is $2,200 x 2 = $4,400; and Year 3 is $2,200 x 2 = $4,400. Total for 3 years = $13,200. Administrative Costs - None requested in this grant Training - 3 -day High fidelity Wraparound 101 plus the 10 -hour Supervisory training, Motivational Interviewing and Wraparound training. This includes training facilitator, binders, manuals, and all materials required for each training. Year 1 is $5,000; Year 2 is $5,000; and Year 3 is $5,000. Total for 3 years = $15,000. Staff Travel - Travel is requested for program staff at New Horizons of the Treasure Coast and Mental Health Association of IRC. Mileage rate is .445 x 1,400 miles per month; Year 1 is 9,250; Year 2 is $9,250; and Year 3 is $9,250. Total for 3 years = $27,750. Contracted Services - All Southeast Florida Behavioral Health Network contracted providers, such as New Horizons of the Treasure Coast, Substance Awareness Center of IRC and Legacy Behavioral Health: Substance abuse and mental health services ranging from Crisis Stabilization, Medical Detox, Short Term Residential Treatment, Residential 2, Day Treatment and Outpatient Therapy. Medication Management, Supported Housing, Supported Employment and any additional wraparound services that are needed. Year 1 is $30,062; Year 2 is $30,062; and Year 3 is $30,062. Total for 3 years = $90,186. Housing: Transitional/Recovery housing, $150 per week per person, Allocation = $16,800 per year; Independent housing through Treasure Coast Homeless Services Council, approximately $1,425 per house x 12 months = $17,100 x 2 houses = 34,200 per year; Year 1 is 51,000; Year 2 is $51,000; and Year 3 is $51,000. Total for 3 years = $153,000. Incidentals: Medication costs that cannot be paid for any other way, bus passes, GPS monitors, clothing, medical care, educational needs or one-time expenses like turning on utilities for a new place to live. Year 1 is $15,000; Year 2 is $15,000; and Year 3 is $15,000. Total for 3 years = $45,000. Equipment - None requested in this grant. Supplies - None requested in this grant. Rent and Utilities - None requested in this grant. Other - None requested in this grant. 47 232.-9°I Cash Match: Indian River Sheriff's Office: In -Kind Match Indian River Sheriff's Office (IRCSO): Salaries: Year 1 is $123,325; Year 2 is $123,325; and Year 3 is $123,325. Operating Costs Year 1 is $88,700; Year 2 is $$88,700; and Year 3 is $$88,700. Total In -Kind match for Year 1 is $212,025; Year 2 is $212,025; and Year 3 is $212,025. Total In -Kind match for all 3 Years is $636,075. Indian River Mental Health - Connections Center: Building and Operational expenses: In -Kind match for Year 1 is $150,000; Year 2 is $150,000; and Year 3 is $150,000. Total In -Kind match for all 3 Years is $450,000. Mental Health Association of Indian River County: Office usage: In -Kind match for Year 1 is $20,212; Year 2 is $20,212; and Year 3 is $20,212. Total In -Kind match for all 3 Years is $60,636 New Horizons of the Treasure Coast: Office space, supplies and telephones: In -Kind match for Year 1 is $17,315; Year 2 is $17,315; and Year 3 is $17,315. Total In -Kind match for all 3 Years is $51,945 Southeast Florida Behavioral Health Network: Administrative costs equal to 10% of the total funding requested for this grant. Administrative costs include: grant management activities; fiscal, personnel, data & technical assistance and procurement management; related office services and record keeping; costs of necessary insurance, auditing, etc. In -Kind match for Year 1 is $40,000; Year 2 is $40,000; and Year 3 is $40,000. Total In - Kind match for all 3 Years is $120,000. 48 232-5° Appendix A — Strategic Plan Statement of the Problem: Adults who interface with the criminal justice system often have Substance Abuse Disorders, Mental Health Disorders, or Co -Occurring Disorders go undiagnosed or untreated. Many of these individuals and their families are unaware of how to obtain services for their conditions, and their only options to receive treatment is by accessing care through some of the most costly and inefficient points of entry into the healthcare delivery system including emergency rooms, acute crisis services, and ultimately the adult criminal justice systems. These individuals have often had unsuccessful educational experiences and are unemployed leading to housing instability, nutritional insecurity, and limited access to transportation so when they are released back into the community they are at significant risk of reentering these facilities. This accomplishes very little and often contributes to increased recidivism for this population while draining the limited resources that do exist. Vision: To offer a recovery focused alternative to jail for individuals who have committed a low-level criminal offense and who are struggling with severe and chronic mental illness or co-occurring mental illness and substance abuse disorder to help them increase involvement in the community while at the same time reducing recidivism through the criminal justice system. Mission Statement: To serve the community and increase public safety by monitoring, supporting and holding accountable justice -involved individuals with mental illness in accessing treatment and improving their quality of life Values: o Respect for Others — by being open and direct and receptive to all opinions and needs of all participants. o Transparency & Accountability — by maintaining a culture of honesty and by sharing information openly. o Responsive & Adaptive — by constantly assessing the needs of consumers and ensuring services meet those needs. When they do not — being willing to make changes along the way. o Compassion — by maintaining an awareness of the needs of others and act to meet those needs in a non -judgmental manner. o Recovery is Attainable — by believing that everyone can benefit from services and can make significant changes in their lives even when it may not happen immediately. Regional Partnership Strategic Planning Process and Participants Southeast Florida Behavioral Health Network and Indian River County hosted Sequential Intercept Mapping (SIM) on June 7-8, 2018. The SIM was comprised of 36 participants 49 2�2-5\ representing cross -systems stakeholders including treatment providers, human services, corrections, advocates, peer specialists, law enforcement, county courts, and the judiciary. The formal report is included as an attachment to this document. The SIM provided a strategic plan for serving the target population detailed above and gave us a road map to develop this grant proposal. The grant objectives intersect with the top priorities identified in the SIM. Several of the objectives in the SIM Strategic Plan will be directly addressed by the actions taken as part of the proposal, particularly the need for a comprehensive screening and assessment which will be fulfilled by the expanded implementation of the ORAS system in the Indian River County Jail and its usage for the participants of the proposed program. Naturally, the proposed intervention for the target population of high-fidelity Wraparound addresses the need for expansion of community-based treatment, alternatives to arrest and jail diversion and formal transition planning. This SIM Strategic Plan also includes an analysis of the existing CJMHSA Reinvestment Grant Program in the Indian River County Mental Health Court. This will be an ongoing need and we have included a task for this under our collaboration objective. The Strategic Plan below details the objectives and tasks proposed for this grant and identifies target dates for completion. 50 2 32-52 APPENDIX A continued Goal #1: (broad statement of the intended outcome) Objective #1: Expand Mental Health Court client programs by, improving identification of individuals at highest risk of recidivism and diverting them to more targeted treatment services. Task Performance Measure Lead Person or Organization Projected Completion Date 1.1 Establish legally binding agreements with all participating entities to establish programs for the target population Completion of necessary legally binding agreements with the participating entities detailed in the proposed project. SEFBHN Mar. 1, 2020 1.2 Implement the Ohio Risk Assessment Tool (ORAS) in the Indian River County Jail and expand its usage to include all inmates booked into the jail. Percentage of inmates booked into the Indian River County Jail who are assessed using ORAS. SEFBHN, IRCSO April 1, 2020 1.3 Utilize initial data from first 60 ORAS assessments to evaluate and determine appropriate criteria for recommendation to High fidelity Wraparound Services. Creation of the program policy that delineates the eligibility criteria with a specific ORAS score(s) needed to recommend potential participants to Wraparound services. SEFBHN, IRMHC May 1, 2020 1.4 Utilize the evidence -based Correctional Program Checklist (CPC) to measure the program's effectiveness and develop a plan of improvement to address any areas scored below "Satisfactory." Completion of CPC and development of any needed improvement plans. SEFBHN July 1, 2021 51 Objective #2: Objective 2— Increased collaboration between the criminal justice and behavioral healthcare systems, as well as other relevant stakeholders to provide ongoing oversight and quality improvement activities for the CJMHSA grant program. Task Performance Measure Lead Person or Organization Projected Completion Date 2.1 Hold an initial project implementation meeting including all involved service providers and other key stakeholders to discuss the implementation of the proposed project. Presence of all relevant stakeholders at meeting as evidenced by meeting minutes. SEFBHN Mar. 1, 2020 2.2 Engage in quarterly Public Safety Planning Council meetings to collaborate on issues related to the criminal justice and behavioral health systems in Indian River County and the role of the grant project in these systems. Participation of stakeholders at quarterly meetings as evidenced by meeting minutes. SEFBHN Quarterly for duration of the grant 2.3 Engage in bimonthly grant oversight committee meetings with involved organizations to review performance measures and timelines associated with the grant and make necessary adjustments to implementation. Participation of relevant stakeholders and service providers at meeting as evidenced by meeting minutes. SEFBHN Bimonthly for duration of grant 2.4 Sustainability of the CJMHSA Reinvestment Expansion Grant for Mental Health Court Conduct Analysis of how grant funds are spent and cost savings across systems SEFBHN, PSCC, IRCMHC IRC Board of County Commissioners 52 Objective #3: Improve accessibility and effectiveness of treatment services to those at highest risk of recidivism through implementation of the evidence -based practice, High Fidelity Wraparound. Task Performance Measure Lead Person or Organization Projected Completion Date 2.1 Hire and fully train two Certified Wraparound Facilitators utilizing Florida's Statewide Wraparound Training & Certification Model while providing a structure to properly supervise and maintain a high level of service quality. Successful completion of hiring and training process for Wraparound Facilitators New Horizons of the Treasure Coast, SEFBHM May 15, 2020 2.2Utilize standardized eligibility criteria to offer High fidelity Wraparound to individuals with mental illness in Indian River County jail who are at highest risk of recidivism. Number of participants served, recidivism risk over the course of services provided for participants according to ORAS New Horizons of the Treasure Coast Start services by June 1, 2020 2.3 Engage multiple service providers in the team -centered approach of Wraparound services to maximize collaboration among service providers and stakeholders within a coordinated system of care to effectively improve psychosocial stability for program participants, decrease risk of recidivism and increase likelihood of successful graduation from the IRCMHC program. Engagement of members of Participants' Wraparound team at team meetings, risk of recidivism as measured by ORAS, graduate rate from IRCMHC program. New Horizons of the Treasure Coast, SEFBHN Ongoing from start of services 53 Appendix B - References Bureau of Justice Statistics. (2006). Mental Health Problems of Prison and Jail Inmates. U.S. Department of Justice - Office of Justice Programs, Bereau of Justice Statistics. Retrieved from Bureau of Justice Statistics: https://www.bjs.gov/content/pub/pdf/mhppji.pdf Florida Agency for Health Care Administration (AHCA). (2017). FLHealthCharts.com. Retrieved from FLHealthCharts - Community Health Assessment Resource Toolkit: http://www.flhealthcharts.com/charts/QASpecial.aspx#HS Florida Department of Corrections. (2018). Florida Prison Recidivism Report Release from 2010 to 2016. Florida Department of Corrections, Office of Strategic Initiatives. Indian River County Chamber of Commerce. (2017). Indian River County Economic Development. Retrieved from https://indianrivered.com/community/demographics Latessa, E., Smith, P., Lemke, R., Makarios, M., & Lowenkamp, C. (2009). Creation and Validation of the Ohio Risk Assessment System - Final Report. Cincinnati: University of Cincinnati School of Criminal Justice - Center for Criminal Justice Research. National Wraparound Initiative. (2019). History Of Wraparound and the National Wraparound Initiative. Retrieved from National Wraparound Initiative: https://nwi.pdx.edu/history-of-wraparound-and-the-national-wraparound-initiative/ Schurer Coldiron, J., Bruns, E. J., & Quick, H. (2017). A Comprehensive Review of Wraparound Care Coordination Research, 1986 - 2014. Journal of Child and Family Studies, 1-21. Treatment Advocacy Center - Office of Research & Public Affairs. (2016). Serious Mental Illness (SMI) Prevalence in Jails and Prisons. Retrieved from Treatment Advocacy Center: https://www.treatmentadvocacycenter.org/storage/documents/backgrounders/smi -injails-and-prisons.pdf 54 23/-51p Appendix C - CJMHSA Reinvestment Grant Planning Committee Bruce Colton/ Chris Taylor (19th Judicial Circuit) STATE ATTORNEY OR DESIGNEE David C. Morgan (19th Judicial Circuit) COUNTY COURT JUDGE Myra Zilahy, Esq. (19th Judicial Circuit) LOCAL COURT ADMINISTRATOR OR DESIGNEE Joseph E. Flescher (Commissioner - IRC) COUNTY COMMISSION CHAIR Deryl Loar (IRC Sheriff) SHERIFF OR DESIGNEE Louise Hubbard - Executive Director (Treasure Coast Homeless Services Council) AREA HOMELESS OR SUPPORTIVE HOUSING PROGRAM REPRENSTATIVE Dedilia Finlayson (Florida Dept. of Juvenile Justice - Circuit 19) DJJ - DIRECTOR OF DENTENTION FACILITY OR DESIGNEE Ann Berner (SEFBHN) (Southeast Florida Behavioral Health Network) DCF - SUBSTANCE ABUSE AND MENTAL HEALTH PROGRAM OFFICE REPRESENATIVE George Shopland (New Horizons of the Treasure Coast) COMMUNITY MENTAL HEALTH AGENCY DIRECTOR OR DESIGNEE Valerie Smith - NAMI (National Alliance on Mental Illness) PRIMARY CONSUMER OF COMMUNITY-BASED TREATMENT FAMILY MEMBER Diamond Litty/ Alan Hunt (19th Judicial Circuit) PUBLIC DEFENDER OR DESIGNEE Elizabeth Metzger/Robert L. Pegg (19th Judicial Circuit) CIRCUIT COURT JUDGE Mike (Derine) M. Davis STATE PROBATION CIRCUIT ADMINISTRATOR OR DESIGNEE Suzanne Caudell (C.O.R.E.) COUNTY DIRECTOR OF PROBATION David E. Curry (Chief - Vero Beach Police Dept.) POLICE CHIEF OR DESIGNEE Selby Strickland (Major - IRC Sheriff) CHIEF CORRECTIONAL OFFICER Wydee'a E. Wilson, CPM (Florida Dept. of Juvenile Justice - Circuit 19) DJJ — CHIEF OF PROBATION OFFICER OR DESIGNEE Carol Martin (Mental Health Association - IRC) PRIMARY CONSUMER OF MENTAL HEALTH SERVICES Carrie Maynard -Lester (Substance Abuse Awareness Center) LOCAL SUBSTANCE ABUSE TREATMENT DIRECTOR OR DESIGNEE Kathy Jones (Substance Abuse Awareness Center) PRIMARY CONSUMER OF SUBSTANCE ABUSE SERVICES 55 232 -Sr1 Bob Solari Chairman District 5 Susan Adams Vice Chairman District 1 February 5, 2019 BOARD OF COUNTY COMMISSIONERS Southeast .Florida Behavioral Health Network, lnc. 140 Intracoastal Pointe Drive, Suite 211 Jupiter, FL 33477 Joseph E. Flescher District 2 Tim Zorc District 3 Peter D. O'Bryan District 4 RE: Criminal Justice, Mental Health, and Substance Abuse reinvestment Grant #RFAO6HI6GSl Dear Sir/Madam, Indian River County is pleased to offer this letter of support and commitment for Southeast Florida Behavioral Health Network, Inc. (SEFBHN) grant application for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant. It is our understanding that this grant project is proposed to provide enhanced services for the most high risk mental health court clients. The acquisition of this grant will support the expansion of program services in Indian River County which will help reduce recidivism among offenders presenting with Substance Abuse Disorders, Mental Health Disorders or Co -Occurring Disorders. Indian River County acknowledges that the lead entity for this initiative is the Southeast Florida Behavioral Health Network; however, the implementation and tasks associated with this project are mainly the result. of the collaboration of many stakeholders including Mental Health Collaborative of Indian River County, Indian River County Mental Health Court, law enforcement, the criminal justice system, behavioral health service programs and other community stakeholders. Indian River County has a long standing commitment and a vested interest in diverting individuals with mental health disorders and substance abuse issues, away from the criminal justice system and towards effective treatment programs and service providers who can more effectively identify and treat the underlying causes that lead to criminal behavior. For these reasons, Indian River County ardently supports this initiative and its stated goals and objectives in furtherance of the earnest desire to continually seek partnerships and programs in our community aimed at providing diversion measures for this vulnerable population. Sincerely, act.z jZ$42e2eA_,_ Bob Solari Chairman, Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 (772) 226-1490 BCC AGENDA February 5, 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 30, 2019 SUBJECT: Seagrass Replacement Project FROM: Commissioner Bob Solari There is a grant opportunity, which would not compete with any of our other water quality priorities, which I would like to discuss with the Board. It involves the replacement of approximately 40 acres of seagrass in the Wabasso area of the lagoon. One page of additional back-up included. Thank you. 233 Indian River County Seagrass Project PROJECT OVERVIEW Historically seagrass dominated over algae in the IRL and buffered nutrient loading in the IRL. The Indian River Lagoon (IRL) has lost much of the seagrass that once thrived prior. Unfortunately, the seagrass recovery that was occurring has been impacted by frequently occurring `Brown Tide" events, Hurricane Mathew and Hurricane Irma. According to the report released by the ST. Johns River Water Management District the Lagoon has been experiencing a large quantity of seagrass meadows loss since 2005 (Report: Indian River Lagoon Status and Trends, 2017). This project will jumpstart seagrass meadows re -colonization within large un -vegetated areas utilizing scientifically validated techniques. This project will decrease recovery time for seagrass colonization within large shifting sand flats. This project will sequester nutrients, stabilize sediment, enhance recreational and commercial fisheries, and increase wildlife opportunities. The methodologies that used for this restoration have already been proven to be effective for restoration of seagrass in the Indian River Lagoon. This project will target multiple barren flats located nearby the Wabasso section of the IRL around the Pine Island and Hole in the Wall Island. PROJECT OBJECTIVES The objectives of this project is to create 40 acres of self-sustaining seagrass meadows. RESTORATION TASKS 1. Acquire necessary permits for restoration activities. 2. Prevent vessel impacts by installing navigational aids. 3. Mechanically plant, protect, and maintain nursery grown seagrass. 4. Monitor project success. OVERVIEW OF TASKS A total of 220,000 Shoal and Widgeon seagrass planting units will be grown out in a commercial aquatic nursery. The seagrass planting units will then be mechanically installed into the designated areas at 3 ft o.c. intervals. The plants will then be maintained for two years. The restoration success will be monitored annually for a period of three years. ESTIMATED PROJECT BUDGET $ 3,4000,000 234 Terri Collins -Lister --om: Dori Roy <droy@ircgov.com> =nt: Monday, February 04, 2019 5:08 PM • To: BCC - Board Members; Dylan Reingold; CBCC-Mail; Maureen Gelfo; Randi Wardlow; Rhonda Zirkle; Terri Collins -Lister Cc: BCC - Office Subject: Additional Back-up - Agenda Item 14.A.1. Attachments: Local Funding Initiative.pdf Attached is additional back-up information for Agenda Ite available on the iPads. Dori Roy Assistant to the County Administrator 772-226-1408 1 This information has been loaded and is 231-I 14, /1-.1. 1. Project Title 2. Senate Sponsor 3. Date of Request 4. Project/Program Description A total of 110,000 Shoal and Widgeon seagrass planting units will be grown out in a commercial aquatic nursery. The seagrass planting units will then be mechanically installed into the designated areas at 3 ft o.c. intervals. The planting units will be protected from a wave energy using temporary wave breaks. The plants will then be maintained for two years. The restoration success will be monitored annually for a period of three years. • Indian River County Seagrass Project 5. State Agency to receive requested funds State Agency contacted? 0 Yes 0 No 6. Amount of the Nonrecurring Request for Fiscal Year 2019-2020 <Choose Agency> 7. Total Project Cost for Fiscal Year 2019-2020 (including matching funds available for this project) F' �.._ .::',.> :S:. :ate+. ,::. �.e.'?: 5ev_ T : e#of.'Fundm .:.... moun Operations 1,700,000 1,700,000 Fixed Capital Outlay 100.0 Total State.y'FundsRequested;_ 1 -700=000 7. Total Project Cost for Fiscal Year 2019-2020 (including matching funds available for this project) F' �.._ .::',.> :S:. :ate+. ,::. �.e.'?: 5ev_ T : e#of.'Fundm .:.... : _ - Y ,. Percents e: Total State Funds Requested (from question #6) 1,700,000 � :..:> " __-..: 100.0 % .,:... - atchm .Funds.,__ . ::.::.:...:::. . ..-- - -_ Federal 0 0.0 % State (excluding the amount of this request) 0 0.0 % Local 0 0.0 % Other 0 0.0 % -Total-.ProjectxCosts for,.F.iscal Yeai 2019,-2020 rc" '= n1=700'000' 100:0. 8. Has this project previously received state funding? 0 Yes 0 No If yes, provide the most recent instance: FiscalYear....:,,, . •_ (YYYY: yY).t�=,s�,_,:, :. A _ _ ...moun.. `-Specific-' i4pjiropr'iation=#� _.._..... .........:.:. .._.... -Gefoedtt ,� <<�1=:•,.Recurnn � :..:> " __-..: 9. Is future -year funding likely to be requested? Yes If yes, indicate nonrecurring amount per year. No Page 1 of 5 12/06/2018 10. Details on how the requested state funds will be expended Spending.Category Description Amount i4dm in i strative 2C osts:, Executive Director/Project Head Salary and Benefits Other Salary and Benefits Expense/Equipment/ Travel/Supplies/Other Consultants/Contracted Services/Study Operational Costs: Other; Salary and Benefits Administration 100,000 Expense/Equipment/ Travel/Supplies/Other Consultants/Contracted Services/Study ;Planting and protecting nursery grown seagrass, installation of navigational aids, installation of temporary breakwaters, educational awareness campaign 1,600,000, Fixedtapital Construction/Major Renovation: Construction/Renovation/ Land/Planning Engineering .. � gym: Total :State Funds Requested` (must equal total from' question #6) 1;700,000 Page 2 of 5 12/06/2018 34 11. Program Performance a. What specific purpose or goal will be achieved by the funds requested? The objectives of this project are to create 20 acres of self-sustaining seagrass meadows. The site will be 2.5 miles south of the Sebastian Inlet. b. What activities and services will be provided to meet the intended purpose of these funds? A total of 110,000 Shoal and Widgeon seagrass planting units will be grown out in a commercial aquatic nursery. The seagrass planting units will then be mechanically installed into the designated areas at 3 ft o.c. intervals. The planting units will be protected from a wave energy using temporary wave. breaks. The plants will then be maintained for two years. The restoration success will be monitored annually for a period of three years. c. What direct services will be provided to citizens by the appropriation project? Seagrass provides many eco -system services. Specifically, this project will enhance fisheries production, filter nutrients, help reduce algae blooms, stabilize benthic sediments, and increase recreational opportunities in the newly created seagrass meadow. d. Who is the target population served by this project? How many individuals are expected to be served? According to the Indian River Lagoon National Estuary Program there are an estimated 7.4M tourists and $7.6 Billion in dollars that are dependent on a healthy Indian River Lagoon. e. What is the expected benefit or outcome of this project? What is the methodology by which this outcome will be measured? The expectedoutcome of this project is to create 20 acres of self-sustaining, seagrass meadows within the Indian River Lagoon. The methodology consists of utilizing scientifically validated techniques. to restore seagrass. f. What are the suggested penalties that the contracting agency may consider in addition to its standard penalties for failing to meet deliverables or performance measures provided for in the contract? If deliverables are not achieved then monies should be withheld for non performance. Page 3 of 5 12/06/2018 2-M A 12. The owners of the facility to receive, directly or indirectly, any fixed capital outlay funding. Include the relationship between the owners of the facility and the entity. N/A 13. Requestor Contact Information a. First Name b. Organization c. E-mail Address d. Phone Number Last Name 14. Recipient Contact Information a. Organization b. Municipality and County Ext. Select County Name c. Organization Type O For-profit Entity O Non -Profit 501(c) (3) O Non-Proft 501(c) (4) O Local Entity O University or College O Other (please specify) d. First Name e. E-mail Address f. Phone Number Last Name 15. Lobbyist Contact Information a. Name b. Firm Name c. E-mail Address d. Phone Number Page 4of5 Ext. 12/06/2018 23� r� Please complete the questions below for Water Projects only: 16. Have you applied for alternative state funding? Waste Water Revolving Loan Drinking Water Revolving Loan Small Community Wastewater Treatment Grant Other (please specify) N/A 17. What is the population economic status? Financially. Disadvantaged Community (ch. 62-552, F.A.C.) Financially Disadvantaged Municipality (ch. 62-552, F.A.C.) Rural Area of Economic Concern Rural Area of Opportunity (s. 288.0656, Florida Statutes) ✓ N/A 18. What is the status of construction? 0% 19. What percentage of the construction has been completed? 0% 20. What is the estimated completion date of construction? 03/31/2020 The information provided will be posted to the Florida Senate website for public viewing if sponsored by a Senator. Page 5 of 5 12/06/2018 2-(0 16 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: January 27, 2019 SOLID WASTE DISPOSAL DISTRICT BOARD OF COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager Unsolicited Public Private Partnership for Landfill BACKGROUND: Section 255.065, Florida Statutes ("Public-private partnerships; public records and public meetings exemptions") facilitates the procurement and financing of "qualifying projects" which serve a public purpose through the development of a "comprehensive agreement" between a responsible public entity and a private entity. The basic tenant of a public-private partnership is to enable the two entities to work together for a public project the public agency could not fund or facilitate on its own. Section 3 states "a responsible public entity may receive unsolicited proposals or may solicit proposals for a qualifying project and may thereafter enter into a comprehensive agreement with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership or financing of facilities." "Qualifying projects" are described as facilities or projects that serve a public purpose or that are used or will be used by the public at Targe or in support of an accepted public purpose or activity. The designation of a project as a "qualifying project" under this section is left to the discretion of the public entity's governing board. Oyster Bar Marsh Trail development, funding, operation and maintenance is an example of a qualifying project procured under the public-private partnership statute. On October 12, 2018, the Indian River Eco -District submitted an unsolicited public private partnership (P3) proposal to the Solid Waste Disposal District (SWDD) through the Purchasing Division for physical improvements to and operation of the yard waste facility at the Indian River County Landfill, as well as the processing and/or purchase of other materials produced or accepted at the Landfill. The primary improvement proposed to benefit SWDD was the installation of a concrete pad in the yard waste dropoff area. The submitted proposal was reviewed and determined to meet the minimum requirements for consideration as a potential qualifying project based on basic information provided and the proposed physical upgrade to the yard waste facility to benefit the SWDD. In compliance with the P3 statute, a Notice of Receipt of Unsolicited P3 Proposal and Invitation to Submit Proposals was 235 published in the Indian River Press Journal and Florida Administrative Register on October 26, 2018 and November 2, 2018 with a deadline for proposals of December 12, 2018. Two additional proposals were submitted. After review of the proposals in terms of the public's best interest, staff is recommending the SWDD Board reject all proposals and authorize issuance of new solicitations to facilitate the appropriate portions of proposed projects. This action is authorized in the P3 statute. ANALYSIS: A committee comprised of Himanshu Mehta, P.E., SWDD Managing Director, Vincent Burke, P.E., Utilities Director, Ryan Sweeney, MSP, Senior Planner, Rich Szpyrka, P.E., Public Works Director and Kristin Daniels, CGFO, Budget Director, independently evaluated and scored the received proposals in accordance with 255.065, F.S. and the County Purchasing Manual. Evaluation criteria recommended by section 255.065 were professional qualifications, general business terms, innovative design techniques or cost -reduction terms, and finance plans. The committee then met and developed an initial ranking of proposals as follows: 1. Indian River Eco -District 2. Synagro-WWT 3. Gen -2, LLC Several criteria are established in the P3 statute to enable a responsible public entity to approve a comprehensive P3 agreement. Most notably, prior to entering into an agreement, public entities must determine the proposed project is in the public's best interest and is for a facility that is owned by the responsible public entity or for a facility for which ownership will be conveyed to the responsible public entity upon completion, expiration, or termination of the comprehensive agreement. The committee concluded none of the proposals fit the criteria to enter into a comprehensive P3 agreement. Because the committee is recommending rejection and reissuance of competitive solicitations, specific costs and details are withheld to enable our utilization of the public records exemption and ensure fair and open competition is afforded to the pending solicitations. Indian River Eco -District (IRED) proposed to take over yard waste acceptance and processing at the landfill (services currently provided by Mr. Mulch), to purchase landfill gas created at the landfill and to crush concrete and rock received and/or stored at the landfill and Road and Bridge storage areas. The facilities proposed which would be owned by SWDD at the conclusion of the agreement are an elevated cement pad constructed at the SWDD yard waste laydown area and a 7,000 —10,000 square foot warehouse with concrete flooring that would be used by IRED during the term of the agreement for the storage of bagged mulch, compost and soil. Synagro-WWT proposed a composting facility on SWDD property for yard and green waste, as well as other organics, including biosolids and pre- and post -consumer food waste. The entire facility would be owned by SWDD at the conclusion of the agreement. 236 Gen 2, LLC proposed a waste to energy plant on SWDD property, but did not indicate the facility would become property of SWDD at the conclusion of the agreement. The committee determined the proposed composting facility and proposed waste to energy plant are not feasible projects for the SWDD at this time. The committee agreed improvements to the stability of the yard waste area, the recycling of stored concrete and construction and demolition (C&D) debris, and the sale rather than venting of landfill gas to be beneficial projects, but that each should be solicited independently and outside the requirements of a P3 project. The committee recommends a solicitation to sell the generated landfill gas, rather than venting it be issued later this fiscal year. The other two projects will be included as budget requests for fiscal year 2019/2020. FUNDING: The cost incurred for legal ads in response to the unsolicited P3 was $329.20, paid from the SWDD/Landfill/Legal Ads account 41121734-034910. The anticipated cost to advertise for bids for the purchase of landfill gas is $90 and will also be funded by the SWDD/Landfill/Legal Ads account. RECOMMENDATION: The selection committee recommends the SWDD Board reject the public private partnership proposals received in relation to the landfill and authorize staff to resolicit the three noted portions as funding is approved. For February 5, 2019 237 02/05/2019 15.6.2. ► Section 255.065 F.S. ► Enable private and public entities to partner for construction of or improvements to public facilities ► Meet public need for timely and cost- effective... projects serving a public purpose ► ...facilities within the state which serve a public need and purpose, and that such public need may not be wholly satisfied by existing procurement methods 231- 1 02/05/2019 15.B.2. ► Proposals solicited by public agency or submitted unsolicited by private entity ► Facility involved is owned by or will be transferred to the public agency ► Typically result in long term agreements ► Facilitate alternate funding methods ► Indian River Land Trust - Unsolicited P3 ► Pavilion, Boardwalks and Parking ► $100,000 and public access easement X31 -2 02/05/2019 15.6.2. ► Development, Operation and Maintenance of a Senior - Affordable Housing Project On City -Owned Land in the City of Miramar, Florida ► South Miami - new 28,000 SF Civic Administration building and a new and separate 24,000 SF police headquarters building and renovation of the Sylva Martin building ► New Animal Shelter in Key West ► City of Cape Coral - design, build, finance, operate and maintain two entry structures ► Unsolicited Proposal submitted October 12, 2018 ► Processing of stored concrete ► Purchase of gas generated at landfill ► Improvements to and operation of Yard Waste Area on SWDD property ► Yard Waste Processing and Disposal awarded to Mr. Mulch in March of 2017 for up to seven annual terms 23 - 3 02/05/2019 15. B.2. 0 Facility or project that serves a public purpose ► Ferry or mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or facility that is used or will be used by a public educational institution ► A water, wastewater, or surface water management facility or other related infrastructure ► Public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity I. An improvement, including equipment, of a building that will be principally used by a public entity or the public at large or that supports a service delivery system in the public sector ► Only those projects that the governing board designates as qualifying projects pursuant to this section 02/05/2019 15.6.2. 0. Determined "qualified project": I. Construct elevated cement pad at the SWDD yard waste laydown area (no size specified) B. Construct 7,000-10,000 sf open warehouse with concrete floor to store bagged mulch generated by IRED ® Both to be owned by SWDD at end of agreement ® Published notice in Press Journal and Florida Administrative Register ► October 26 and November 2 ► Accept additional proposals ► Two additional proposals received ► Synagro-WWT: Composting Facility w/biosolids ► Gen2, LLC: Waste to Energy Plant 23T 5 02/05/2019 15.6.2. ► Scored by committee per 255.065 F.S. and Purchasing Manual ► Professional qualifications ► General business terms ► Innovative design/cost reduction 237- 6 02/05/2019 15.6.2. F. In the public's best interest. Prevents additional costs or service disruptions to the public in the event of material default or cancellation. t. Opportunity to add capacity to the proposed project or other facilities serving similar predominantly public purposes. Will be owned by the responsible public entity upon completion, expiration, or termination of the comprehensive agreement and upon payment of the amounts financed. t. Concern regarding pending regulation regarding biosolids F. unproven technology (in U.S.) F. No transfer of facility ownership to SWDD noted in proposal 231- 02/05/2019 15.6.2. Is Components have merit but not as P3/comprehensive, long- term agreement ts Concrete pad can be obtained through bid/RFP by SWDD (if funded) Sale of landfill gas may be accomplished through Bid/RFP process ts Concrete and C&D recycling/processing can be obtained through bid/RFP process by SWDD/Public Works (if funded) AITAGNMEN1 INDIAN OMR 3001RY 83102010099: SOU0 WASTE AND RECYW.UI2S VROCE55IN0 ANOO60O90.5 SERVICES SUMMARY Of 5101N1171425 .. �. 3x: M�•0iv'tt.a', <'si. x. .20 1 MC+«, i^f.iiN« s.d:f.OYpr rry O.. •¢.N<01201.2 2Sea^2o's 00•22,21.1Af h*a:2:'>0•:t tv+ =,n, :Tds: %'ix ' �i";iTi .�` :ice;^-"•xl'..',t%; s„,l':6.>N. �:� ..f x" -`ET .vhn_ _� <g :. S w, ,,y, -`i •'•. :'� 1 i' :o'lm � �6 N : L•, ,••.'.221002K:l;r -, tr•0*.«<w<.••u;! ,7x0 wxrs55.,' 20. r. 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Sat.40 ii;.fi;^Svi ..__._�.........,..._........._..................__ �_ 7777.. 2x220 7y3my,U , ••,,... ro 102220 2010I .,: ...zJ...», Nm..•OExa NM 2,202, •22,70 tos.::' SSTi!•>P 22,2 02,2 552^.» 4•22 .V n: •:'. 2022202'. 2 S'020735000 524,200201000,00322,2 :. ♦r..wr.Mh7v. r,< .. < .4 vt r. 0»2202,4^2 001002, 220 2000,06222 6322,20 200020 '2320,22 222'e23 Aeaalm<msaltIng lx. 02/05/2019 15.6.2. ® Reject all three proposals ® Authorize re -solicitation of: ® Sale of landfill gas (this FY) 0. Concrete crushing and C&D recycling (if approved in 19/20 budget) 0. Concrete pad at yard waste area (if approved in 19/20 budget) Initial questions t. Proposers comments 02/05/2019 15. B.2. FAR SECOND GENERATION FUELS FOR RR £N£RUY SUFFICIENT FUTURE Response to Indian River County Solid Waste Disposal District RFP #2019024 -Unsolicited P3 for Landfill Physical Improvements to the o`eration of the yard waste facility and other ancillary material processing at the Indian River County Landfill Site and Solid Waste Disposal District Property (SWDD) Vero Beach, FL Information on Gen2 available at: www.gen2wte.com GEN2, LLC - SECOND GENERATION USE OF FEEDSTOCKS FOR ELECTRICITY, FUELS, AND PRODUCTS WWW.GEN2WTE.COM Gen2 develops energy projects converting low value waste and feedstocks into high value products; electricity, ASTM D975 No. 2 Ultra Low Sulphur Diesel (On Spec ULSD), naphtha, Ultra Low Sulphur Heavy Fuel Oil (ULSHFO), carbon black and recyclables. Our patented and proprietary technologies achieve these conversions profitably without reliance on subsidies. Gen2MSW Removes economically viable recyclables, metals, glad and plastic and converts standard municipal solid waste (including medical waste and organic waste) and other lower value feedstocks into high value electricity, fuels and chemicals Gen2PTD Plastics are transformed into on -road diesel, naphtha and Ultra Low Sulphur Heavy Fuel Oil (ULSHFO). ULSHFO can be used as marine fuel or blended with it to lower sulphur. Gen2 PTD provides a true "end of life" solution for used plastic material. Gen2WTO Converts waste tires to oil and carbon black, providing a true "end of life" solution for used tires. 2 -1 02/05/2019 15.B.2. GE itiCUD C[rtt•t:rtltl tOttt Ttlt tl. CuI S[r fUr rrittn rtl:Ut[ Gen2MSW projects utilize best -of -class energy conversion technology Front end systems range from simple separation of economically viable recyclables (metals, glass, plastic) to those designed to process medical waste. • Meets recycling goals with County savings from single bin pick-ups • Eliminates contamination and reduces processing costs • Metals and glass are removed and sold • Plastics are cleaned and converted to on road ASTM D975 ULSD • Pyrolysis systems convert organics, paper and textiles to syngas that is cleaned and converted to electricity or drop-in fuels with emissions.< Federal and California Air Quality Standards. P, ROGESS FLO V QIAGR M 231- 2 02/05/2019 15.6.2. PTO tE44N,; 4lb;IId• 9r FUO., Agri and MRF Plastics are Pre -Processed via a Wash Line Gen2 Watsonville, CA: Agri -Plastic Delivery and Pre -Processing Wash Line Shown Below GEN )RTD Gen Tech PTD1 Highlights With sulphur at < 10 ppm, GenTech PTD1 will be the first plastics conversion project to produce ASTM D975 No. 2 Ultra Low Sulphur Diesel in full compliance with CA Air Resources Board (CA ARB) for sulphur, lubricity & aromatics; "On Spec ULSD". As On Spec ULSD, this fuel can be sold directly to service stations and truck stops. It can also be sold to refiners and marketers in the wholesale market and as an off-road fuel. The process is closed loop. It converts all plastics, except PVC, into a combination of On Spec ULSD (-74%), naphtha (-6%) and ULSHFO (-20%). Gen2's focus will continue to maximize On Spec ULSD yield and will blend the remaining naphtha and ULSHFO for sale in the marine bunker and diesel fuels market or to a refinery. Syngas produced during the process is used internally. If desired, the system can operate without any energy infrastructure, i.e. no connection to either electricity or natural gas. 231-3 02/05/2019 15. B.2. �f Gen2 to Show Brief Video of PTD EtEtt,I. CMYtI.UON IUttt Pot Ai tntjfV 4't.IcKNt NUM! GEN TECH PTD1: AS BUILT, DURING TESTING IN S. AFRICA T ED Gen2PTD • Each GenTech PTD unit processes 1,488 lbs (675 kg) Gen Tech PTD1 per hour of agri-plastics or —16 tpd/unit • 85-90% liquids conversion to saleable fuels (Target In -Service Date: Q2 2019) • Each site will have at least two units Approx. Product Yields and Variable Cost iF.uelrlype FueliYYiel$ r;Gallons:per ;..._.. ,:_. - Month perUnit At an 85ht -} :'G allows, _ per learh2� Umf Stte ' 2'Unit '.- : ___ -- _ a; Gonverstonr Cost$/gallbn ..Gnll6ns per:-° Yearj3?Unit::'- -Site ' . i = mt._:`_'T: _ _ — _ � ConversionF_� Cost -$/gallon, ;'ASTMtD975 =E ^r4% !i' sir_. 3 : 88;070 2,113,676 ;`�'_t �.` , _ 89;470. -= '$79 -_' j -3,170,514 "lx8 rr$.61-;t ' -._.2�,r-.a ..--- =No2?UCSD `.-?`: - +,. -,za;�>... ,�` y .s-- ----'.. ,,''a..41. .,-- • .._ 7,456;--- 1Ir --- Light .7 Naphtha. I 268,410. $,61' Heary_._,.Fuel -20% 20;6 494,631 4146 61 •• t?Iv�1 i _ Oiw GenTech PTD1* initial conversion unit pre -commissioning 9/1/16 Full scale testing 4/15/18 Full ASTM testing in S.A. Oct.- Feb. 2019 Agri -plastics processing CA Ongoing * Processes all plastics except PVC, including MRF plastics, mixed plastics and composites (foil backed and paper laminate) 23"4 02/05/2019 15. B.2. ME Response: Indian River County Solid Waste Disposal District RFP #2019024 Gen2 proposes to finance, develop, own and operate both a Waste to Energy and a Plastic to Diesel Project with a primary term of 15 years and one (1) 15 year renewal. At the end of the renewal term the SWDD would own the Project. • Gen2 to obtain private bond financing for the Project based on 15 year tipping contract with SWDD and a Power Purchase Agreement with an investment grade counterparty. • Project economics based upon 150,000 TPA of waste at $39/ton, electricity sales at current market prices for a new gas fired combined cycle plant, and wholesale diesel prices of $1.95/gallon • SWDD to provide a 30 year ground lease from full commercial operation • SWDD to outline construction approval process and cooperate with matters such as zoning and permitting • Gen2 bid a waste to electricity plant plus two plastics to diesel conversation units but is receptive to providing either on a stand alone basis and to scaling units to meet SWDD requirements, both in terms of waste disposal and economics. MEN2)LLC xrcnr.n nrs.rn�. Ana 6,r.ce Contact Information www.gen2wte.com Gen2LLC Website: Gen2WTE.com 251 So. Hillside Wichita, KS 67211 318 681 3333 Courtney Rogers, CEO and Managing Partner c.rogers@gen2wte.com Cell: 316 708 0498 Kim Johnson, Managing Partner k.iohnson@gen2wte.com Cell: 816 728 3533 23T 5 02/05/2019 15.B.2. F Who We Are Frankens Energy comprises a group of accomplished business executives with extensive \, experience in the development, -financing, construction and operations of industrial energy infrastructure and real estate projects. All of the individuals on this team have previously developed and operated large energy infrastructure or real estate projects, and are committed to making the Indian River Eco -District a success story in Vero Beach. Each of the members of this team has invested a substantial amount of their own capital into this project, further demonstrating high level of personal commitment of the' entire tears. Every aspect of this project in Indian'River County is being rolled out with environmental sustainability and community stewardship in mind 23'] f 02/05/2019 15.6.2. The Indian River Eco -District 1 Acquired the site in January 2018. Efforts began in March/April, to convert the 2 site into the first Industrial Eco -District on the Eastern Seaboard. Pioneering example of how an industrial site can be converted and re -deployed to support and 3 nurture the growth of a series of separate sustainable businesses, while also becoming a shining example of "community stewardship. What is an Industrial Eco - District? en {, In general terms, an ecosystem is a community of organisms and their environment functioning as an ecological unit, able to support itself with little to no external support. In a similar fashion, the Indian River Eco -District will support 7-8 separate businesses (member companies) on the site. Each member company will benefit from low costs of renewable energy, waste product disposal and raw materials. Ultimately, each member company will benefit from the law operational costs to their business, enabling them to gain significant competitive advantages while also forming part of a community with is a model of sustainability. 23'1? 02/05/2019 15.B.2. The Foundation Universal Services & Infrastructure, Available To All Operating Businesses 27 Renowabic Electricity Resourc, s for Host. i4oftigeration & Dryinp Spacious Land Options Liquid Storage irk & Infra .tructure The Foundation ltilities (Gas & Water) Florida's Fourth Largest Injection Weil The Benefits All businesses at the site will benefit from competitive advantages, from basing their operations within a multi -disciplined industrial complex that reduces their operating costs in following areas: Raw Materials I Disposal of by-products I Cost of electricity & thermal energy (including cooling) E. R. Materials 231-8 02/05/2019 15.13.2. - 41' - • < Planned Economic Parameters, at Full Of4rations 7-8 200-250 New industrial businesses to be incorporated in Indian River County: 11 $40-$60M ntiiipated revenue that our members will generate in r • ".1 - the community each year Number of employees to be hired from within the local community. $40—$50M Total (additional) Capital Investment: A Well Executed, Phased Approach Absolutely Critical , Cold Storage Phase 1 Cold Storage .?hase 2 Electricty & Heat from Landfill Gas APPROXIMATE , EMPLOYNIENT___ ON SITE: ff Bottling — Beverage Recycling Yr.1 Bio -Tech Nutraceutical Production Yr.2 0 -"- 23-1-0 02/05/2019 15.6.2. r. i , f ; Net -Net of Economics, f Prop.,from-Our P ' .� :, for a Public -Private Partnershi . `, ` �1 „, - ,T IF COUNTY ACCEPTS 3P PROPOSAL ;C .1=, CURRENT 1107 500 million cubic feet of greenhouse gases, hiecurrently being flared and emitted to the atmosphere. t i Zero Income from the Landfill Gas r+ ', ;1 SWDD reception_ area frequently suffers ;from muddyienvironment, making it difficult for deliveries and logistics. 1,11 Indian River County would generate an . i i additional $100K -$200K of annual income. tt , IRED proposed to deploy its_own capital toil, construct logistical infrastructure (warehousI,t \ " concrete pads) on county lands, 11ti County saves approx. $50,000 from its curre(i'��'. cost of disposing of yard waste. Plus;,,:._ ,,,v IRED converting the yard waste into a,p dt ct�'?' that benefits the ag sector. ;� ' �.r Attracting new businesses to Indian.River ---'1 { 114.-5 '-forecasting creation of 200'250,Ie Lib:6s Abu, > i over next 30 months. ref' a INDIAN RIVER COUNTY -<i SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM /5 3 Date: January 24, 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. 13 — Annual Permit Compliance Monitoring and Reporting DESCRIPTIONS AND CONDITIONS: On January 16, 2018, the Solid Waste Disposal District (SWDD) Board approved CCNA 2014 Work Order No. 13 to CDM Smith to provide Engineering Services with the 2018 Annual Permit Compliance Monitoring and Reporting. The Authorization was executed with a not -to -exceed budget of $150,990. ANALYSIS: CDM Smith has satisfactorily completed all of the assignments described in the scope of work for a total invoiced amount, including the final invoice of $8,241.30. After final payment, the total amount paid to CDM Smith will be $150,990. Attached is CDM Smith's letter report describing in more detail the services provided under each task. FUNDING: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $8,241.30 RECOMMENDATION: The Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $8,241.30. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice @BCL@B80D9CD1.doc Pagei3fa1. Smith 621 N.W.53rd Street, Suite 265 Boca Raton, Florida 33487 Tel: 561 571-3800 Fax: 561241-7084 INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Reooived by SWDD DEC 2 7 2018 Indian River County Landfill Please Remit To: COM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number: 225926 Amount Due: $8,241.30 % PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 Description Contract Amount Amount $150,990.00 Lumpsum Amount $150,990.00 Percent Complete 100.00% Billed ITD $150,990.00 Less Previously Billed i $142,748.70 Total $8,241.30 Amount Due $8,241.30 239 CDM INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Rensl To: CDM SmRh Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number: 225926 Amount Due: $8,241.30 , PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 PM -TASK 1 - PROJECT MANAGEMENT/QUALITY Description Contract Amount Amount $23,540.00 Lumpsum Amount $23,540.00 Percent Complete -. 100.00% Billed ITD $23,540.00 Less Previously Billed 1 , $19,538.20 Total $4,001.80 Amount Due 01 $4,001.80 240 Smith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: COM Smith Inc. PO Box 100902 Atlanta GA 30304-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number. 225926 Amount Due: $8,241.30 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 WQSEMIANNUAL-TASK 2 - WATER QUALITY SEMI-ANNUAL REPORTING Description Contract Amount Amount $44,740.00 Lumpsum Amount i $44,740.00 Percent Complete 100.00% Billed ITD $44,740.00 Less Previously Billed $44,740.00 Total $0.00 Amount Due $0.00 241 smith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: COM Smith Inc. PO Box 100902 Manta GA 30384-0902 Account `Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number: 225926 Amount Due: $8,241.30 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 TITLE V -TASK 3 - TITLE V REPORTING Description Amount Contract Amount $24,760.00 Lumpsum Amount $24,760.00 Percent Complete 100.00% Billed ITD $24,760.00 Less Previously Billed $24,760.00 Total $0.00 Amount Due $0.00 242 F1Q Smith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit To: COM smith Inc. PO Box 100902 Atlanta GA 30384-0902 t , Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number: 225926 Amount Due: $8,241.30 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 EVAL-TASK 4 - EVALUATION MONITOR 1 Description Amount Contract Amount $26,840.00 Lumpsum.Amount $26,840.00 Percent Complete 100.00% Billed ITD $26,840.00 Less Previously Billed $24,156.00 Total $2,684.00 Amount Due $2,684.00 wd 243 Smith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remit 10: COM Smith Inc. PO Box 100902 Atiiinta GA 30304.0902 Account Number. 000200418081 Wire Routing: 011000138 Invoice Number: 90063059 Invoice Date: 12/21/2018 Project Number. 225926 Amount Due: $8,241.30 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE Services from November 25, 2018 to December 21, 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 CNNA2014 Work Order No. 13, dated January 16 2018, between India' River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: RE: PERMIT COMPLIANCE ASSISTANCE CALENDAR YEAR 2018 GTS -TASK 5 - GENERAL TECHNICAL ASSISTANCE Description Amount Contract Amount $31,110.00 Lumpsum Amount $31,110.00 Percent Complete 100.00% Billed ITD $31,110.00 Less Previously Billed $29,554.50 Total $1,555.50 Amount Due $1,555.50 40 244 Smith 1701 Highway A -1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 1W January 11, 2019 VIA EMAIL Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District 2018 Annual Permit Compliance and Monitoring 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 CSM Smith Inc. (CDM Smith), dated December 6, 2011 and extended on November 4, 2014, under Work Order No. CCNA2014-WO No. 13 dated January 16, 2018. This project completion report is to serve as additional information to the final invoice (Invoice No. 90063059). IRC SWDD is required to perform environmental compliance monitoring and reporting for water and air quality in accordance with the IRC Landfill's operating permits. During calendar year 2018, IRC SWDD was required to submit semi-annual reports of groundwater and surface water quality at the IRC Landfill to the Florida Department of Environmental Protection (FDEP). This was done in accordance with Chapter 62-701.510, Florida Administrative Code (FAC.) 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. 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 FDEP rules and the permit for the facility, the IRC SWDD reported the exceedances of the MCLs to the FDEP in March WATER + ENVIRONMENT+ TRANSPORTATION + ENERGY+ FACILrhI Smith Mr. Himanshu H. Mehta, P.E. January 11, 2019 Page 2 2017. In a letter dated June 22, 2017, FDEP requested that the IRC SWDD initiate evaluation monitoring in accordance with the requirements of Chapter 62-701.510(6), F.A.C. In July 2017, IRC SWDD installed one monitor well (MW -49S) and performed two quarterly sampling events (July 2017 and October 2017). Quarterly sampling continued to be performed in 2018. During performance of this Work Order, the IRC Landfill was operating under a Title V Air Operation Permit (Permit No. 0610015 -005 -AV), which was issued on June 1, 2017, that contains monitoring and reporting requirements related to the landfill gas collection and control system. IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: • Annual Statement of Compliance • Annual Operating Report • Annual Emissions Fee • Semi -Annual Monitoring Report • Annual Landfill Gas Sulfur Content Test IRC SWDD is also required to perform miscellaneous sampling and monitoring activities in compliance with the solid waste operation permits and the Multi -Sector Generic Permit (MSGP) for stormwater discharge (FLR05G035-003). This project included providing the required permit compliance and monitoring services under 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 Assistance aths a 0 246 Smith Mr. Himanshu H. Mehta, P.E. January 11, 2019 Page 3 TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to assure that the project remained on schedule, within budget, and that the quality of the work products defined within this scope was consistent with CDM Smith's standards and IRC SWDD's expectations. CDM Smith coordinated with IRC SWDD staff for project planning. Preparation of invoices and project administration was also performed under this task. TASK 2.0 - SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING rz, Under this task, CDM Smith assisted IRC SWDD with the semi-annual water quality sampling, monitoring, and reporting in accordance with Chapter 62-701.510, F.A.C. CDM Smith contracted with Ideal Tech Service, Inc. (ITS) to perform the groundwater and surface water sampling. The samples were analyzed by Environmental Conservation Laboratories, Inc. (ENCO) under contract to IRC SWDD. Semi-annual sampling of the Class I and C&D debris disposal facility groundwater monitor wells was performed in January and July of 2018. The samples collected from the Class I monitoring wells during these events were 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, were 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) were sampled in January and 26 wells (16 Class I and 10 C&D) were sampled in July. Samples from one surface water site were collected in January and July, if water was discharging from the stormwater pond. The samples, if collected, were analyzed for the parameters listed in Paragraph 13 of the WQMP and Chapter 62-701.510(7)(b), F.A.C. } The January 2018 semi-annual sampling event was conducted from Jangry 24 to 26, 2018. For this event, groundwater samples were collected from the 14 intermediate -depth groundwater wells, 14 shallow groundwater wells, and one deep monitor well at the Class I landfill and 10 groundwater monitor wells at the C&D landfill. A surface water sample was collected from th'e designated surface water sampling location. Water levels were measured in 58 monitor wells. A surface water level measurement was taken at Staff Gauge No. 12. The .July 2018 event was conducted from July 25 to 26, 2018. For this event, groundwater samples were collected from the 12 shallow groundwater wells, one intermediate -depth well, and one deep monitor well at the Class I landfill and 10 groundwater monitor wells at the C&D landfill. A surface N2405.aoa iJ 247 smith Mr. Himanshu H. Mehta, P.E. January 11, 2019 Page 4 water sample was collected from the designated surface water sampling location. Water levels were measured in 58 monitor wells..A surface water level measurement was taken at Staff Gauge No. 12. CDM Smith assisted IRC SWDD in coordinating the analytical testing activities with ENCO, notified the FDEP prior to sampling, reviewed and evaluated the analytical test results, and prepared the semi-annual reports. The January 2018 Water Quality Monitoring Report was submitted to the FDEP on April 9, 2018 and the July 2018 Water Quality Monitoring Report was submitted to the ti FDEP on October 1, 2018. TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING The Title V Air Operation Permit (Permit No. 0610015 -095 -AV) for the IRC Landfill contains monitoring and reporting requirements related to the landfill gas collection and control system. In accordance with the Title V permit, CDM Smith assisted IRC SWDD, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CDM Smith prepared and submitted the Statement of Compliance for the reporting period of January through December of 2017 for the IRC Landfill to the FDEP on February 28, 2018 in accordance with Chapter 62-213.440(3)(a)(2), F.A.C. Electronic Annual Operating Report (EAOR) CDM Smith prepared and -submitted the 2017 reporting year EAOR for the IRC Landfill to the FDEP on March 29, 2018. Semi -Annual Monitoring Report CDM Smith prepared and submitted two semi-annual monitoring reports to demonstrate compliance with the federal requirements. The report covering July -December 2017 was submitted to FDEP on February 28, 2018. The report covering January -June 2018 was submitted to FDEP on August 29, 2018. Annual Emissions Fee CDM Smith prepared and submitted the 2017 reporting year Title V fee to the FDEP on March 30, 2018. N♦ pXf6ma 248 Smith Mr. Himanshu H. Mehta, P.E. January 11, 2019 Page 5 Annual Landfill Gas Sulfur Content Test CDM Smith sampled the landfill gas and sent to a certified air testing laboratoryto determine sulfur content in accordance with Method ASTM D5504-12. CDM Smith calculated the sulfur dioxide emissions using the laboratory results and reported it to FDEP in a letter report. The calendar year 2018 report was submitted to FDEP on January 11, 2019. The actual sulfur dioxide emissions are also reported in the EAOR. TASK 4.0 - EVALUATION MONITORING FOR THE C&D DEBRIS DISPOSAL FACILITY CDM Smith assisted the IRC SWDD with the quarterly sampling events for Calendar Year 2018 (January 2018, April 2018, July 2018 and October 2018) for MW -49S an MW -21S. CDM Smith subcontracted with ITS to perform the sampling. The samples collected in January, April and July were analyzed for the parameters listed in Chapter 62-701.510(7)(a), F.A.C. The samples collected in October 2018 were analyzed for the parameters listed in Chapter 62-701.510(7)(c), F.A.C. The January 2018 and July 2018 events were performed concurrently with the routine groundwater monitoring scheduled for late January and July 2018. The samples were analyzed by ENCO under contract with IRC SWDD. The January 2018 sampling event wascompleted on January 26, 2018. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on March 9, 2018. The April 2018 sampling event was completed on April 19,2018. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on May 24, 2018. et The July 2018 sampling event was completed on July 25, 2018. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on September 12, 2018. The October 2018 sampling event was completed on October 23, 2018. CDM Smith prepared and submitted an Evaluation Monitoring tetter report to FDEP on November 21, 2018. TASK 5.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE CDM Smith provided general technical and permit compliance assistance to IRC SWDD staff on an as needed basis. Under this task, CDM Smith performed quarterly monitoring of the landfill gas migration monitoring wells located at the IRC Landfill site boundary, as well as enclosed structures located on site, and submitted reports of the results to the FDEP. The reports were submitted to the FDEP on April 9, 2018, June 18, 2018, September 12, 2018, and December 10, 2018. CDM Smith provided general technical assistance for the Year 2 - 2016 monitoring period of the Multi -Sector Generic Permit (MSGP) for stormwater discharge. CDM Smith sampled stormwater 249 CDM Smith Mr. Himanshu H. Mehta, P.E. January 11, 2019 Page 6 ,s discharge and then created the Discharge Monitoring Reports (quarterly and annual) for the Year 2 - 2016 monitoring period. The DMRs were submitted electronically to the FDEP via their new EzDMR system on March 29, 2017. The FDEP reviewed the Year 2 data and sent a low concentration waiver letter to IRC SWDD on April 4, 2017 stating that additional analytical monitoring would not be required during Year 4 - 2018 monitoring period. CDM Smith prepared the Contamination Evaluation Plan (CEP) for the C&D Debris Disposal Facility. This plan was requested by FDEP in their review memorandum dated September 18, 2017. The CEP addressed proposed additional monitoring well locations, proposed surface water sampling locations, proposed sediment sampling locations along with rationale for the proposed sampling locations, groundwater and surface water analyses required, evaluation of background water quality, and performance of in-situ permeability tests. The CEP was, accepted by FDEP on November 1, 2018 and will be implemented under a separate work order in 2019. CDM Smith subcontracted- With JAEE Environmental Service, Inc. to abandon four groundwater monitoring wells (MW -45S, MW -45I, MW -46S, and MW -46I) located within the footprint of the future Segment 3 Cell 2. CDM Smith attended the FDEP site inspection on February 7, 2018 for the Title permit compliance. At this inspection, FDEP required an annual sulfur emissions test for 2017 even though the permit was issued in that year. CDM Smith sampled the landfill gas and sent the samples to a certified air testing laboratory to determine sulfur content in accordance with Method ASTM D5504-12. CDM Smith calculated the sulfur dioxide emissions using the laboratory results and reported it to FDEP in a letter report. The calendar year 2017 report was submitted to FDEP on March 1, 2018. CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. Sincerely, Amy M. Hightower, P.E., BCEE Project Manager CDM Smith Inc. AMH/jj File: PW PLl 6706-225926.02.01 cc: Kevin Vann, CDM Smith ssK jj2,05.do. 250