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02/12/2019
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 12, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Dave Newhart - St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Jonnie Mae Perry Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Week. of February 11-17, 2019 as 2-1-1 Awareness Week Attachments: Proclamation 5.C. Presentation of Proclamation Designating February 11 through February 15, 2019, as Economic Development Week in Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES February 12, 2019 Page 1 of 5 6.A. Regular Meeting of December 11, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Beach and Shore Preservation Advisory Committee Chairman and Vice Chairman Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments January 25, 2019 to January 31, 2019 Attachments: Finance Department Staff Report 8.B. Resolution Cancelling Taxes on Lands Containing Guywires Reconveyed to Indian River County by Datapath Tower, LLC Attachments: Staff Report Resolution Attachment to Resolution 8.C. Fourth of July Fireworks Funding Attachments: Staff Report , Lions Club letter dated February 1, 2019 City of Vero Beach letter dated January 28, 2019 8.D. Out of County Travel to Attend the 33rd Annual Florida Chamber Foundation Environmental Conference Attachments: Staff Report Conference Information 8.E. Ranking of Firms for RFP 2019036 - CDBG Housing Rehabilitation Category Administration Services FFY 2017 (Contract #19DB-ON-10-40-01-H 03) Attachments: Staff Report CDBG Award Letter 8.F. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for Intercounty Bus Service to the Indian River State College Main Campus in Fort Pierce Attachments: Staff Report Resolution Grant Agreement Budget Form February 12, 2019 Page 2 of 5 8.G. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Service Development Grant Attachments: Staff Report Resolution Grant Agreement Budget Form 8.H. Ranking of Firms for RFP 2019032 - Impact Fee Update Consultant Services Attachments: Staff Report Portion of Draft BCC Minutes 11-20-2018 8.I. Miscellaneous Budget Amendment 006 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 8.J. Agreement to Purchase and Sell the Dodgertown Golf Course Property Attachments: Staff Report Agreement to Purchase and Sell Exhibit "A" to Agreement Exhibit "B" to Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearings Scheduled for March 5, 2019 (Quasi -Judicial and Legislative) Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club February 12, 2019 Page 3 of 5 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. 2019/2020 Budget Workshop / Hearing Schedule Attachments: Staff Report 12.E.2. 1st Quarter FY 2018/2019 Budget Report Attachments: Staff Report Qtrly Budget Report Q1 201819 revenue Qtrly Budget Report Q1 201819 expense 12-31-18 Expense Analysis Reports at a glance 2018-2019 Budget Amendment History 1819 F. Public Works G. Utilities Services 12.G.1. Synagro Dewatering and Sewage Sludge Removal Contract Renewal and Price Increase Attachments: Staff Report Sample Extension 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 14.A.1. Dodger Golf Course Pedestrian/Jogging Trail Attachments: Commissioner's Memorandum 14.A.2. Blue Cypress Lake and Biosolids Attachments: Commissioner's Memorandum 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 February 12, 2019 Page 4 of 5 15.B.1. Change Order No. 2 to Thalle for Owner Direct Purchase of Materials for the Landfill Construction Project (Bid #2018025) Attachments: Staff Report CDM Smith Letter of Recommendation and Change Order Form C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.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 12, 2019 Page 5 of 5 A PROCLAMATION HONORING JONNIE MAE PERRY WHEREAS, Indian River County celebrates African American Pioneers who paved the way for this generation and many to come through their service to the community in the business, public, and elected arenas; and WHEREAS, Jonnie Mae Perry has served as a pillar to the community throughout her distinguished 39 -year professional career, including time as a public servant with the U.S. Department of Housing and Urban Development; and WHEREAS, Jonnie Mae Perry has set an impeccable example for higher education as a graduate of Vero Beach High School and Morris Brown College, and as Executive Vice President of the American Association of University Women of Vero Beach; and WHEREAS, Jonnie Mae Perry has worked tirelessly to forward public education in Indian River County as a volunteer with Vero Beach Elementary's "Winners Walk Tall" program, as a Gifford Middle School community partner, as a School Advisory Committee member for Vero Beach High School, and as a Board member and Director of Outreach and Development for the Gifford Youth Orchestra; and WHEREAS, Jonnie Mae Perry has sought, to preserve the history of the Gifford community as head of the Gifford High School Legacy room, as an Advisory Board member of the Indian River Historical Society, as a member of the Gifford Progressive Civic League, and as Executive Director of the Gifford Community Cultural and Resource Center, a non-profit, volunteer -based organization providing mentoring, leadership, and cultural programs for under -served youth; and WHEREAS, Jonnie Mae Perry has served the greater community as a lifetime member of the NAACP of Indian River County, as a co -facilitator for the Coalition for Racial Justice committee at the Unitarian Universalist Fellowship of Vero Beach, as a Board member of the Indian River Community Services Alliance, and as a volunteer with the Indian River County Habitat for Humanity. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Proclamation recognizes the pioneer spirit and civic contributions made to the Treasure Coast by Jonnie Mae Perry. Adopted this 12th day of February, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Tim Zorc Peter D: O'Bryan 1 SS PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 11-17, 2019 as "2-1-1 AWARENESS WEEK" WHEREAS, many times when individuals and families need help in meeting life's basic needs or are experiencing times of crisis and are not sure where to turn; and WHEREAS, 2-1-1 is an easy to remember, easy to use three -digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and with the crisis intervention'and suicide prevention they seek to keep them safe; and WHEREAS, Indian River County is fortunate to have 2-1-1 HelpLine, a service that is available any time of day or night that enables individuals and families to get the help they need... As was the case when the caring staff at 2-1-1 were sensitive to a woman who had concerns for her elder brother. He suffered numerous strokes and falls while living with his frail wife who could no longer care for his needs. 2-1-1 staff was able to get him into a safer living environment and find resources for his wife as well; and so many other real life stories...; and WHEREAS, 2-1-1's specialized advocacy and support services also include the Help Me Grow Initiative which helps link vulnerable families to crucial services while 2-1-1's life-saving "Sunshine" daily phone calls continue to positively impact the lives of local housebound and/or isolated seniors—all at no cost to those participating; and WHEREAS, 2-1-1 HelpLine service is free, confidential, available 24/7, with highly trained staff who assisted thousands of individuals in need of crisis intervention, assessment and referrals to community services. The staff at 2-1-1 will continue to provide that warm voice at the other end of the line, the caring assistance to the people of our community...and "Hope when you need it most!" NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of February 11-17, 2019, be designated as 2-1-1 Awareness Week in Indian River County. The Board urges all citizens to be aware of the only telephone number they need to know to access information and referral to the programs and services in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. Adopted this 12th day of February, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 2 PROCLAMATION DESIGNATING FEBRUARY 11 THROUGH FEBRUARY 15, 2019, AS ECONOMIC DEVELOPMENT WEEK IN INDIAN RIVER COUNTY WHEREAS, Economic Development Week is an event created by the Florida Economic Development Council to celebrate the achievements of .economic, workforce and community development practitioners throughout Florida; and WHEREAS, economic development is defined as "A set of programs and policies that aid in the creation, retention and expansion of jobs; the development of a stable tax base; and the enhancement of wealth"; and WHEREAS, economic developers promote the economic well-being and quality of life for Florida's communities by facilitating the process of job creation for local residents while diversifying the local tax base; and WHEREAS, economic developers stimulate entrepreneurism to help establish the next generation of new businesses, which is the hallmark of the American economy; and WHEREAS, economic developers are engaged in a wide variety of settings including rural and urban, local, state, and federal governments, public-private partnerships, chambers of commerce, higher education, and a variety of other institutions; and WHEREAS, economic developers work to retain high-quality talent by collaborating with regional workforce boards and higher education providers to develop the skills of Florida's career seekers, thereby enhancing our competitiveness and improving the quality of life for all citizens. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of February 11th through February 15th, 2019, be recognized as ECONOMIC DEVELOPMENT WEEK IN INDIAN RIVER COUNTY. Adopted this 12th day of February, 2019. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc 7/4 INFORMATIONAL ITEMS FEBRUARY 12, 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 BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE CHAIRMAN AND VICE CHAIRMAN From: Edwin J. Offutt, Commissioner Assistant, Districts 2 and 3 At the January 28, 2019, Beach and Shore Preservation Advisory Committee (BSPAC) meeting, the members voted to elect Mr. Christian Hendricks as Chairman and Mr. Bob Anderson as Vice Chairman for 2019. No Board action is required. 4 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 31, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 25, 2019 to January 31, 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 25, 2019 to January 31, 2019. 5 TRAINS NBR 377402 377403 377404 377405 377406 377407 377408 377409 377410 377411 377412 377413 377414 377415 377416 377417 377418 377419 377420 377421 377422 377423 377424 377425 377426 377427 377428 377429 377430 377431 377432 377433 377434 377435 377436 377437 377438 377439 377440 377441 377442 377443 377444 377445 377446 377447 377448 377449 377450 377451 377452 377453 377454 377455 377456 377457 377458 377459 DATE 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/2019 01/28/201,9 01/28/2019 01/28/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/29/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 CHECKS WRITTEN VENDOR PAUL CARONE WILLIE C REAGAN LARRY STALEY PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA ARTHUR PRUETT MICHAEL JAHOLKOWSKI LUCY B HENDRICKS ROBERT L BRACKETT SYLVESTER MC INTOSH PAULA WHIDDON JAMES W DAVIS MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN PAULA ROGERS & ASSOCIATES INC FIVE STAR PROPERTY HOLDING LLC MARK BAER JUAN CHAVES VALAPTS LLC INDIANTOWN NON-PROFIT HOUSING INC AUGUSTUS B FORT JR H&H SHADOWBROOK LLC VERO BEACH PLACE LLC GNS REAL ESTATE HOLDINGS LLC COALITION FOR ATTAINABLE HOMES INC HELPING HANDS REAL ESTATE & INVESTMENT CO ALIX DENAEAU JOHN K GERRATO 1135 RENTALS LLC MCLAUGHLIN PROPERTIES LLC HOWARD R BRENNAN NKW PIP HOLDINGS I LLC MAXIPLEX LLC RANDY BETHEL BRANDON ROVER, JEANNE E BIERMAN PALMETTO PROPERTY MANAGEMENT CORP LUCIAN LEWIS HAMID SILMANE WILLIE C REAGAN VERO CLUB PARTNERS LTD DAVID SPARKS NITA EZELL MARK BAER VERO BEACH PLACE LLC GNS REAL EESTATE HOLDINGS LLC COALITION FOR ATTAINABLE HOMES INC WATSON REALTY GROUP KARL POKRANDT HUDSON CONSULTING & MANAGEMENT LLC PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL SSES INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC AMOUNT 4,115.00 3,788.00 593.00 3,482.00 3,135.00 700.00 1,795.00 716.00 756.00 547.00 807.00 515.00 365.00 553.00 372.00 2,163.00 3,602.00 660.00 830.00 933.00 700.00 818.00 670.00 641.00 563.00 1,207.00 591.00 2,459.00 4,365.00 750.00 818.00 778.00 750.00 556.00 2.889.00 2,644.00 751.00 1,270.00 663.00 935.00 856.00 750.00 488.00 587.00 707.00 609.00 1,042.00 829.00 2,906.00 699.00 1.558.00 747.00 552.00 552.08 34.50 54.66 735.00 403.00 1 TRANS NBR 377460 377461 377462 377463 377464 377465 377466 377467 377468 377469 377470 377471 377472 377473 377474 377475 377476 377477 377478 377479 377480 377481 377482 377483 377484 377485 377486 377487 377488 377489 377490 377491 377492 377493 377494 377495 377496 377497 377498 377499 377500 377501 377502 377503 377504 377505 377506 377507 377508 377509 377510 377511 377512 377513 377514 377515 377516 377517 377518 377519 DATE 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/3I/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 VENDOR RICOH USA INC RICOH USA INC VELDE FORD INC STEWART MATERIALS INC AT&T WIRELESS DATA FLOW SYSTEMS INC GRAINGER KELLY TRACTOR CO HACH CO FLOWSERVE US INC TIRESOLES OF :BROWARD INC CARTER ASSOCIATES INC DELL MARKETING LP BAKER & TAYLOR INC MIDWEST TAPE LLC BAKER 'DISTRIBUTING CO LLC SOFTWARE HARDWARE INTEGRATION FLORIDA ASSOCIATION OF COUNTIES INC SUNSHINE REHABILATIO'N CENTER OF IRC .INC GRACES LANDING LTD LINDSEY GARDENS LTD RIVER PARK ASSOCIATES LIMITED CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CITY OF VERO BEACH BEST WESTERN BEST WESTERN INDIAN RIVER ALL FAB INC TREASURE COAST HOMELESS SERVICES PUBL1X SUPERMARKETS UNIVERSITY OF FLORIDA INTERNATIONAL GOLF MAINTENANCE INC FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP MUNICIPAL CODE CORPORATION CA.LLAWAY GOLF SALES COMPANY SUI3STANCE AWARENESS COUNCIL OF .IRC INC SUBSTANCE AWARENESS COUNCIL OF 1RC INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT GIFFORD YOUTH ACHIEVEMENT CENTER INC CITY OF FELLSMERE KENNETH CAMPBELL SENIOR CATHOLIC CHARITIES DIOCESE OF PALM BCH STRUNK FUNERALHOMES & CREMATORY MEDICARE PART 13 'FINANCIAL SERVICES JASON E BROWN T.RICA.RE TRI CARE TRC IIEAI THY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC FLORIDA ASSOCIATION OF COUNTY ATTORNEYS BE SAFE SECURITY ALARMS INC AARP INSURANCE VETERANS ADMINISTRATION AETNA WESTSIDE REPROGRAPHICS OF VERO BEACH INC CHILDRENS HOME SOCIETY OF FL AMOUNT 162.98 55.28 1.085.75 897.20 832.56 133.351.00 492.53 280.79 14,43.1.03 22,458.65 2,405.46 536.80 141.99 3,747.09 1,041.43 76.48 984.00 100.00 800.00 521.00 400.00 495.00 80.00 1,354.42 42,232.84 647.96 647.96 1,200.00 5.566.76 99.92 120.00 88.148.43 16.30 111.57 950.00 167.98 1,320.00 6,195.21 7,485.57 32,737.54 18,926.52 3,432.91 2,036.21 80.00 2,811.50 425.00 1,036.63 662.19 132.12 217.95 2,500.00 2,500.00 2,500.00 375.00 239.70 76.83 97.42 76.21 85.42 2,000.00 7 TRANS NBR 377520 377521 377522 377523 377524 377525 377526 377527 377528 377529 377530 377531 377532 377533 377534 377535 377536 377537 377538 377539 377540 377541 377542 377543 377544 377545 377546 377547 377548 377549 377550 377551 377552 377553 377554 377555 377556 377557 377558 377559 377560 377561 377562 377563 377564 377565 377566 377567 377568 377569 377570 377571 377572 377573 377574 377575 377576 377577 377578 377579 DATE 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/3I/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2919 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 VENDOR BLUE CROSS BLUE SHIELD BLUE CROSS BLUE SHIELD NABORS GIBLIN & NICKERSON PA HUMANA RUSSELL PAYNE INC CELICO PARTNERSHIP ANIXTER INC U S BANK NATIONAL ASSOCIATION ALAN HILL FASTENAL COMPANY SOUTHERN JANITOR SUPPLY INC NIBLACK, ROSCOE H & BONNIE MICHAEL ZITO STAPLES CONTRACT & COMMERCIAL INC UNICARE HEVERON GROUP INC GLOVER OIL COMPANY INC ARDAMAN & ASSOCIATES INC PETER ()BRYAN JOHNNY B SMITH NEDELL MASCOLINO EARLY LEARNING COALITION OF INDIAN RIVER GLOBALSTAR USA OTIS HUMANES, JR KARI CUNDIFF BRIAN FREEMAN EAKIN II, LE ROY & LINDSAY ECONOMIC OPPORTUNITIES COUNCIL OF IRC VITERITTO, RICHARD P TRADEWINDS POWER CORP YOUTH GUIDANCE DONATION FUND FEED THE LAMBS ENRICHMENT PROGRAM INC TENTS N EVENTS INC WITTENBACH BUSINESS SYSTEMS INC ATLANTIC COASTAL LAND TITLE CO LLC LINDSAY GARDENS 11 LTD FREEDOM HEALTH JOSHUA HARVEY GFITZ STASK1 ENTERPRISES INC TIM ZORC LOWES HOME CENTERS INC BURNETT' LIME CO INC LEARNING ALLIANCE TREASURE COAST TURF INC CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING KATE P COINER HAMMOND ROCK & SAND MINE LLC EUROFINS EATON ANALYTICAL INC COBRA GOLF INCORPORATED HAWK.INS INC ANFIELD CONSULTING GROUP INC PRESTIGE HEALTH CHOICE SCRIPPS NP OPERATING LLC CATHEDRAL CORPORATION UTTIFIRST CORPORATION SUNSHINE HEALTH PLAN MEDICAID THE GIFFORD FLORIDA YOUTH ORCHESTRA AMOUNT 262.90 147.17 4,000.00 136.22 630.22 2,317.04 2,100.00 944.69 791.26 135.62 917.84 597.05 118.26 445.94 110.37 19,039.00 17,511.24 1.713.50 46.37 80.00 53.70 4,287.47 189.67 79.84 160.00 104.23 28.63 6,389.81 140.00 884.53 833.33 1,875.00 400.00 276.49 85.00 400.00 110.53 8.918.90 500.00 95.23 1,603.21 6,342.00 33,333.33 273.38 275.00 37.83 17,935.00 850.00 407.18 2,400.00 600.00 198.41 58.00 10,000.00 107.90 668.25 939.82 780.80 753.47 3.750.00 3 TRANS NBR 377580 377581 377582 377583 377584 377585 377586 377587 377588 377589 377590 377591 377592 377593 377594 377595 377596 377597 377598 377599 377600 377601 377602 377603 377604 377605 377606 377607 377608 377609 377610 377611 377612 377613 377614 377615 377616 377617 377618 377619 377620 377621 377622 377623 377624 377625 377626 377627 377628 Grand Total: DATE 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 VENDOR EGP DOCUMENT SOLUTIONS LLC NORTH AMERICAN OFFICE SOLUTIONS INC COLTON PARKER OHIO' STATE UNIVERSITY MATHESON TRI -GAS INC PEOPLE READY INC COLE AUTO SUPPLY INC FILPRO CORPORATION BETH NOLAN THOMAS R PILIERO RELX INC WELLMED WARREN CATERSON ABISCOM INC BOTTOMS UP BEVERAGE OF FLORIDA LLC TYKES & TEENS INC CLEAR HEALTH ALLIANCE MEDICAID ICAHN ENTERPRISES HOLDINGS LP THERNELL MILLS CHANGE HEALTHCARE LLC VIKING LANDSCAPING LLC RAMONA MURPHY KENYATTA JOHNSON AMAZON CAPITAL SERVICES INC ARMOROCK LLC VERONIQUE ORY STURIALE SOUTHERN COATINGS INC PIRATE PEST CONTROL LLC KINDERGARTEN READINESS COLLABORATIVE AMERIGAS PROPANE LP AMERIGAS PROPANE LP SOUTHEAST RIGGING INC THE HOPE FOR FAMILIES CENTER INC JORDAN POWER EQUIPMENT CORP DUSTIN OWENS NICOLE MORRIS ALAN DALE WILLIAMS JOHN WILLIAMS JAMES 111 JAMES ROMANEK GRE' UNNA EWAR KATHLEEN HAGERTY PETER SCIARA JESSIE MAY EDWIN S REYNOLDS TY G HARP SOUTH CENTRAL EDUCATIONAL MIMOSE BEAUGER JOHN E BEIDLER LAW OFFICE OF ARTHUR L DRAGER AMOUNT 758.95 7.56 80.00 999.72 5,918.25 5,228.07 1,178.64 123.80 80.00 115.00 400.00 149.97 200.00 36193 660.00 7,947.13 34.40 31,789.28 100.00 32,516.96 7,500.00 43.50 100.00 651.25 10,022.00 60.00 34,140.15 204.00 4,789.66 1,938.51 2,214.42 247.45 3,499.38 421.40 50.00 196.25 300.00 500.00 440.00 223.36 291.27 28.82 120.00 296.70 232.68 172.00 407.13 98.01 914.60 801,870.16 4 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR 6513 6514 6515 6516 6517 6518 6519 6520 6521 6522 6523 6524 Grand Total: DATE 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/28/2019 01/28/2019 01/28/2019 VENDOR NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC TEAMSTERS LOCAL UNION #769 IRC FIRE FIGHTERS ASSOC VEROTOWN LLC TOTAL ADMINISTRATIVE SERVICES CORP KIM:LEY HORN & ASSOC INC IRC CHAMBER OF COMMERCE HUMANE SOCIETY FL SDU IRS -PAYROLL TAXES VEROTOWN LLC AMOUNT 4,7.53.63 50393.81 5,166.00 9,869.52 38,662.27 13,920.69 9,598.37 4,095.51 15,325.00 5,780.34 412,134.26 5.315.00 575,014.40 10 TRANS. NBR 1014459 1014460 1014461 1014462 1014463 1014464 1014465 1014466 1014467 1014468 1014469 1014470 1014471 1014472 1014473 1014474 1014475 1014476 1014477 1014478 1014479 1014480 1014481 1014482 1014483 1014484 1014485 1014486 1014487 1014488 1014489 1014490 1014491 1014492 1014493 1014494 1014495 1014496 1014497 1014498 1014499 1014500 1014501 1014502 1014503 1014504 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01125/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/25/2019 01/29/2019 01/29/2019 01/29/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/30/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 01/31/2019 VENDOR PARKS RENTAL & SALES INC COPYCO INC COLD .AIR DISTRIBUTORS WAREHOUSE MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING :INC THE EXPEDITER SOUTHERN COMPUTER WAREHOUSE INC THYSSENK.RUPP ELEVATOR PRIDE ENTERPRISES MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS UNIVERSAL ENGINEERING SCIENCES METRO FIRE PROTECTION SERVICES INC L&L DISTRIBUTORS ALLIED DIVERSIFIED OF VERO .BEACH LLC NEXAIR LLC PACE ANYALYTICAL YTICAL LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC AT&T COMCAST COLD AIR D'ISTRI.I3UTORS WAREHOUSE INDIAN RIVER. BATTERY APPLE INDUSTRIAL SUPPLY CO ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS .INC COMO OIL COMPANY OF FLORIDA FLORIDA LEVEL & TRANSIT CO INC CUMMINS INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PA.RTNER.S LLC HYDRA SERVICE (S) .INC EFE INC PARKS RENTAL & SALES INC MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC RECORDED BOOKS LLC SOUTHERN COMPUTER. WAREHOUSE INC HD SUPPLY FACILITIES MAINTENANCE LTD SHRIEVE CHEMICAL CO METRO F1R,E PROTECTION SERVICES INC FPS OFFICE SOLUTIONS LLC NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 451.75 195.19 479.20 179.00 3,098.00 338.95 51.01 9,066.00 3,413.51 384.78 1,289.64 6,792.50 2,544.51 94.09 85.00 419.13 3,764.00 3,761.27 1,666.15 10,443.52 17,254.75 27.96 289.70 1,997.20 57.50 4,930.20 76.42 416.60 180.92 250.00 3,054.08 273.35 320.91 4,940.31 681.54 141.75 140.00 529.00 354.40 3,336.66 130.99 15,661.89 150.00 48.86 929.56 4,018.00 108,709.75 1 CONSENT: 2/12/2019 g23 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 DATE: February 12, 2019 SUBJECT: Resolution Cancelling Taxes on Lands Containing Guywires Reconveyed to Indian River County by Datapath Tower, LLC In 2016, the former Emergency Services tower site (next to the old jail property at 1725 17th Street) was surplused and sold to Datapath Tower, LLC (Datapath). In the fall of 2018, Datapath obtained various easements from Indian River County (County) in connection with its plans to construct a new monopole tower on the site, and reconveyed the lands where the tower guywires are located on, since those lands were no longer needed by Datapath. Once the guywires are removed, it is the County's intention, as soon as practicable, to include the respective lands into the existing 99 -year leases the County has with St. Francis Manor of Vero Beach, Florida, Inc. and Boys & Girls Club of Indian River County, Inc. 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 reconveyed by Datapath Tower, LLC to Indian River County which currently contain guywires; 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 Attachments: Resolution Attachment to Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 12 lands reconveyed by Datapath Tower, LLC area of guywires 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 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.; 1 13 RESOLUTION NO. 2019 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the lands reconveyed to Indian River County by Datapath Tower, LLC, a Florida limited liability company, currently contains tower guywires which will soon be removed; and it is Indian River County's intent, once the guywires are removed, to include, as soon as practicable, the respective lands in existing 99 -year leases with St. Francis Manor of Vero Beach, Florida, Inc. and Boys & Girls Club of Indian River County, Inc. FURTHER RESOLVED that any and all liens for taxes delinquent or current against the following described lands, 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 3162 at Page 1441, 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 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 X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 0 3 15 3120180068439 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3162 PG: 1441,11/9/2018 4:24 PM D DOCTAX PD S0.70 zv 0 O et:- to, t.to, CLU „cr 0 d Indian raver t,ounry Attorney's urnce 1801 27° Street Vero Beach, FL 32960 SPECIAL WARRANTY DEED THIS DEED, made on the 5D day of l 4o er , 2018 between DATAPATH TOWER, LLC, a Florida limited liability company, whose mailing address is 200 Central Avenue, St. Petersburg, Florida 323701, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (GRANTEE), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, WITNESSETH, that 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 of which is acknowledged, conveys to GRANTEE and GRANTEE'S administrators and assigns forever the following described land situated in Indian River County, Florida, more particularly described as: See Exhibit "A" attached and Incorporated herein by reference. And GRANTOR covenants with GRANTEE that, except as noted, at the time of the delivery of this deed: W a 1. The premises are free from all encumbrances made by GRANTOR, J;., a except as follows: NONE o'5 2. GRANTOR will warrant and defend against the lawful claims and i5c:3 demands of all persons claiming by, through, or under GRANTOR, but against �� none other. o Signed in the presence of the following witnesses: sign: print : sign: print: w DATAPATH TOWER, LLC By: - i • Dwell Title: tAav�aGu I' STATE OF FLORIDA COUNTY OF p.,..1.444•u A knowledged before me this 3D— day of l7a�ricea- 2018 by Wr-�av, W . 'Tt,w. t,., as tA•l.,r�✓4y1-,-- of Datapath Tower LLC, a Florida Liphited Liability Company. wittf full authorization from its 1 16 • BK: 3162 PG: 1442 board, who is either pejDnauy known to me or has produced (driver's license/passport) as identification. SEAL: t*ir v� •., JAMES N. POWELL Notary Public - State of Florida Commission # GG 244054 . My Comm. Expires Jul 31, 2022 Bonded through National Notary Assn. NOTARY PUBLIC: sign: print: Commiss Commis 2 iration: 17 DESCRIPTION OF GUY WIRE AND ANCHOR PARCELS EXHIBIT 'A" THE FIVE FEET WIDE, THREE SIRP PARCELS FOR THE 'GUY WE AND ANCHORS' OF THAT CERTAIN 'TONER 011LITY PARCEL' DESCRIBED N THE "COUNTY DEED INDIAN RIVER COUNTY. FLORIDA', ACCORDING TO OFFICIAL RECORDS BOOK 3032, PAGE 187, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA (PARCEL ID. N0.333902000007030000019), SAID NNE FEET WADE STRIP PARCELS BEING DESCRIBEDASFOLLONS A PARCEL OF LAND LYING UPON THE FOLLOWING THREE PARCELS, THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT PARCEL ET. AS DESCRIBED IN OFFiCI L RECORDS 800K 606, PAGE 2259, 57. FRANCIS MANOR AS DESCRIBED N OFFICIAL RECORDS BOOK 518, PAGE 305 AND A PARCEL OWNED BY INDIAN RIVER COUNTY, AS DESCRIBED IN OFFICIAL RECORDS 2651, PAGE 1029 ALL PARCELS LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 FAST AND RECORDED 81 THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTIU ARI.YDESCRIBEDASFOLLOWS, 005545NCE AT THE SOUTHYIEST CORNER OF THE SE U4 OF SAID SECTIQH 2; THENCE RUN NORTH 00 DEGREES 02 M9II1ES 39 SECCAAS WEST ALONG TIE WEST LINE OF THE SE iN OF SAID SECTION 2, A DISTANCE OF 730.75 FEET TO THE INTERSECTION OF SAID LINE AND THE WESTERLY EXTENSION OF THE SOUTH UNE OF THE AFORESAID ST. FRANCIS MANOR PARCEL; THENCE RUN SOUTH 89 DEGREES 25 MINUTES 35 SECONDS EAST, A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF SAA 5T. FRANCIS MANOR PARCEL, SAID POINT ALSO LYING ON THE EAST RIGHT OF WAY LINE OF =HAMM THENCE RUN SOUTH 89 DEGREES 25 MINUTES 36 SECONDS EAST, ALONG SAID SOUTH LINEA DISTANCE OF 373.82 FEET TO THE SOUTHEAST CORNER OF THE AFORESAID ST. FRANCIS MAJOR PARCEL; THENCE RUN NORTH 00 DEGREES 10 MINUTES 11 SECONDS EAST ALONG THE EAST UNE OF SAID ST. FRANCIS MANOR A DISTANCE OF 5000 FEET TO THE SOUTHWEST CORNER OF TIKE AFORESAID INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT PARCEL 8`. THENCE RUN NORTH 00 DEGREES 02 MINUTES 34 SECONDS EAST, ALONG THE WEST LUNE OF SAID PARCEL'S', A DISTANCE OF 17429 FEET TO A POINT 2.5 FEET SOUTHERLY OF AN EXISTING GUY WARE FOR A POINT OF BEGINMNO• THENCE DEPARTING SAID WEST LINE RUN NORTH 53 DEGREES 35 MINUTES 25 SECONDS WEST, 2.5 FEET SOUTHERLY OF AND PARALLEL WITH AN DUSTING WIRE A DISTANCE OF 28.37 FEET; THENCE RUN NORTH 38 DEGREES 24 MINUTES 35 SECONDS EAST, A DISTANCE OF 5.03 FEET; THENCE RUN SOUTH 53 DEGREES 35 MINUTES 25 SECONDS EAST. 2.5 FEET NORTHEASTERLY OF AND PARALLEL WITH AN EXISTING GUY VIRE, A DISTANCE OF 24.89 FEET TO9 POINT ON THE WEST LINE OF SAID PARCEL 8, THENCE CONTINUE SOUTH 53 DEGREE535 MINUTES 25 SECONDS EAST, A DISTANCE OF 37.26 FEET TOA POINT ON THE EAST UNE OF SAID PARCEL 8; THENCE CONTINUE SOUTH 53 DEGREES 35 MINUTES 25 SECONDS EAST, A DISTANCE OF 20.10 FEET TO A POINT 1 FOOT WEST OF AN F8ISTNG 8 FOOT CHAIN LINK FENCE THENCE RUN NORM 00 DEGREES 22 MINUTES 23 SECONDS EAST,1 FOOT WEST OF AND PARALLEL W M SAID CHAIN LINK FENCE, A DISTANCE OF 1.56 FEET, THENCE RUN SOUTH 89 DEGREES 34 MINUTES 56 SECONDS EAST, 1 FOOT NORTH OF AND PARALLEL WITH SAD CHAN L8& FENCE, A DISTANCE OF 22.96 FEET NORTHWESTERLY OF AN EXISTING GUY WIRE: THENCE RUN NORTH 64 DECREES 39 MINUTES 05 SECONDS EAST, 2.5 FEET NORTHWESTERLY OF AND PARALLEL WITH AN DIETING GUY WARE, A DISTANCE OF 8274 FEET; THENCE RUN SOUTH 25 DEGREES 20 MINUTES 55 SECONDS EAST, A DISTANCE OF 5.00 FEET; THENCE RUN SOUTH 64 DEGREES 39 MINUTES 05 SECONDS WEST, 2.5 FEET SOUIMEASTE LY OF ANO PARALLEL WITH AN EXISTING GUI WIRE, A DISTANCE OF 74.39 FEET TO A PONT 1 FOOT EAST OF AND PARALLEL WITH SAID CHAIN UNK FELE; THENCE RUN SOUTH OD DEGREES 56 MINUTES 58 SECONDS WEST. 1 FOOT EAST OF AND ?ARNIE. WITH SAID CHAIN UNK FENCE, A DISTANCE OF 20.74 FEET; THENCE RUN NORTH 89 DEGREES 12 MINUTES 33 SECQV06 WEST,1 FOOT SOUTH OF AND PARAU$ LATH SAKI CHAIN LINK FENCE, A DISTANCE OF 2533 FEET TO A POINT 2.5 FEET EASTERLY OF AN EXISTING GUY WIRE; THENCE RUN SOU11411 DEGREES 04 MINUTES 34 SECONDS WEST, 2.5 FEET EASTERLY OF AND PARALLEL IMTH AN EXISTING GUY WIRE, A DISTANCE OF 8287 FEET; THENCE RUN NORTH 78 DEGREES 55 MINUTES 26 SECONDS WEST. A DISTANCE OF 5.00 FEET; THENCE RUN NORTH 11 DEGREES 04 MINUTES 34 SECONDS EAST, 2.5 FEET WESTERLY OF AND PARALLEL WIN AN EXISTING GUY WIRE, A DISTANCE OF 81.96 FEET• TO A PO5TT 1 FOOT SOUTH OF SAID CHAIN UNK FENCE; THENCE RUN NORTH 89 DEGREES 12 MRUTES 30 SECONDS WEST, 1 FOOT SOUTH OF AND PARALLEL MATH SAKI CRAW LINK FENCE, A DISTANCE OF 1.99 FET; THENCE RUN NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST,1 FOOT WEST OF AND PARALLEL WITH SAID CHAIN UNA FENCE, A DISTANCE OF 1692 FEET TO A POINT 2.5 FEET SOUTHWESTERLY OF AN EXISTING GUY WIRE; THENCE RUN NORTH 53 DEGREES 35 MINUTES 25 SECONDS WEST, 2.5 FEET SOUTHWESTERLY OF AND PARALLEL WITH AN EXISTING GUY WIRE, A DISTANCE OF 26.08 FEET TOA POINT ON THE EAST UNE OF THE AFORESAID INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT PARCEL •8; THENCE CONTINUE NORTH 53 DEGREES 35 MINUTES 25 SECONDS WEST, A DISTANCE 0E3726 FEET TO THE POINT OF BEGINNING.' LESS AND EXCEPT THAT PORTION OF THE ABOVE AFORESAID DESCRIPTION OF THE 'COUNTY DEED INDIAN RIVER COUNTY. FLORIDA', OFFICIAL RECORDS BOOK 3002, PACE 107, OF WHICH HOUSES TIE EXISTING ANTENNA AND ASSOCIATED EQUIPMENT WITHIN THE EXSTNG FENCED AREA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE PONT OF BEGINNING OF SAID 'COUNTY DEQ INDIAN RIVER COUNTY, FLORIDA' PARCEL, HAYING STATE PLANE COORDINATES OF 941199899.18 E:849082.79(C) BASED ON NAD832001 FLORIDA EAST ZONE 901, RUN NORTH 53'3525' WEST A DISTANCE OF 28.37 FEET; THENCE RUN NORTH 38'2475' EAST A DISTACE OF 5.00 FEET; THENCE RUN SOUTH 53'3525 EAST A DISTANCE OF 68.04 FEET TO A PONT 1 FOOT WEST OF AN EXISTING 8 FOOT HIGH CHAN LINK FENCE AND POINT OF BEGINNING OF TILE HFREN LESS AND EXCEPT PARCEL; FROM SAID POINT OF BEGINNING HAVING STATE PLANE COORDINATES OF 9:1199667.78 E:849133.78(C), BASED ON NA0832007, FLORIDA EAST ZONE 901, RUN NORTH 072223' EAST. 1 FOOT WEST OF AND PARALlE1 V51TH SAID CHAIN MK FENCE, A DISTANCE OF 1.55 FEET; THENCE RUN SOUTH 89'3758' EAST,1 FOOT NORTH OF ANO PARALLEL WITH SAID CHAIN LBM FENCE, A DISTANCE OF 3265 FEET. THENCE RUN SOUTH 00'5858' VVEST,1 FOOT EAST OF AND PARALLEL WITH SAID CHAIN UNK FENCE, A DISTANCE OF 26.74 FEET; THENCE RUN NORTH 80'1730 WEST. 1 FOOT SOUTH OF AND PARALLEL WITH SAID CHAIN UMC FENCE, A DISTANCE OF 3340 FEET; THENCE RUN NORTH 00?279 EAST. 1 FOOT WEST OF AND PARALLEL WTH SAID CHAIN UNK FENCE, A DISTANCE OF 25.01 FEET TITHE PONT OF POINT Of BEGINNING. • THE ABOVE DESCRIBED THIS STRP PARCELS CONTAINING 125024 SF. THIS SKETCH IS NOTA BOUNDARY SURVEY THIS SKETCH AND DESCRIPTION IS COMPRISED OF THREE PAGES. ONE IS NOT VALID NBTHOUT THE OTHER. A MOAP51PZEUR OBSWK4i'N17YmN I9 REVISION BY DATE; DATAPATH TOWER 200 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 TEL FAX CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND TAR SURVEYORS 1708 2161 STREET, VERO BEACH, FL 32960 1E1: (772) 562.4191 FAX: (772) 582.7180 CERTIFIED TO: . Vis; 01'"a :. INDIAN RIVER COUNTY. FLORIDA. ; :) lA.• DATAPATHTOVtER.-4C; : , •• • , 0 := F NK S. C URESE, PSM • ' J Ni FLORIN TION NO. 4765 ('r. ` '•s' CARTER ASSOCIATES, INC.18205 ' • • .'.1 SKETCH AND DESCRIPTION "GUY AND ANCHOR PARCELS' SECTION 2, T.33S., R.39E., INDIAN RIVER COUNTY. CITY OF VERO BEACH, FL DESCRIPTION OF PARCELS SHEET 1 of 3 O.9 4: 20958-A 18 MI :1Jd Z9I£ :3{ BURVETOR'B 0EIERAL WIERA161REPORT. 1. UNLESS ITBEARSnE SYAA11NEFROTHEO iGnet RA18®SEN. OFAELOf00A Law= SURVEYORLMPPFIL THIS S AIM,5062401 . PIAT ORNAP ISFOR DIFONWHOW1PURPOSES OILYNOBNOTYNO. 2. 110 FEND W0N(MS PEI80PoEL TO 10112146271E TIE Cts STRIP RAVELS SUBSEQUB(AOORgN4 061E7I0N9 NOUN 1F WTES. N FNY,NIEREFUEC ED UTNEDROVNGRE619049. x REAMS MAN 119146011 AAE IWC UPON INE NORM NAM AN MUM CF 1963. ADJUSTMENT OF 2007. RAO ARE PROJECTED 61 TIE FLORIDA STATE PI/VIE 000RO0N%E MIBJ, FLORIDA EAST ZONE OM) ANO ARE Rte TO THE ESTA6IJstEs LAE sem NFAFAN LAMED ASDIE O RAW. 4. UNLE46A MES % 98 W101M1096ERY60A3 RECORD 00604906 ARE 1146 SAME AuON@010eSWAN 119SWAJEp9Q6AY®M US.8U06YFEETNOWBVE PARTSTH8E6. IME ROWAN OE1EAd06110NOD ,9E1OION MOM ON DM MD DEDC9PT011WAS RASED UPONTIE PROFPB90NLOP800NOP 7146 RWISTIPID 911 YPIOR PLIRWINT TO A'OPUw1 MOMS NO PIPC110ES OF LAND t01RVE1010. AND 61*00 0128108010 NV OR 0EYERB4 014ER95IP. TNS SKETCH AND OFSOPoPIUN ONES NOT MEW TO DELINEATE 800941 AREAS OF COMM OR FIN Orel JUOSDIC101144. OET89801ADCL!jE iMEE. FIVE FST WOE 61101+ PAR615 OF TIE TNK7Y TOWER PARC . 19 DEUI01137 RY F3051N0 Vines R0TDWA@ITS,RB011EFA61W370P@tN7T8AV.0O/WIRES N6)ENCIA2UEFONE$0 119010118) N40 CAILFAA90FF360310 )1446Mal 0OUIONYFMTHEo 1T.WDY OEM WWI 43l000Ny.FLORIDI'.OFFtp01 PFWROS 800K360L 844618. SOON RIVER 5. INS =CR NO OESCRIP110N N9 BEEN PREPARED FOR INE 8110590E WENT NO 168 OF 15E MAWS MOM 821118I1/4110 1£000 FOR TIE FORAMS ICEIM 10DMEPEON ONLY. MESS DTIERWWSE NANO. ceRnriCA1R1N OF 1146 81ERHN10 OESC PB011 APPLIES OILY TO lit swim= OF PRACTICE BET FORTH 8Y THE FLORIN%BOARD OF PROFS:SOW& SURVEYORS 2710 ►V440ER9 6N CHARIER 5411 FLORIDA ADWNISTPAI1E 00(4 PURSUANT TO SECTION 478027. FLOWN STATUTES THE CFRIGICY30N IN NOWAY 00161ITUIE6 4181 Bt OLSA NTY 700 VRRPANTY 10 NIT OTHER DNOOLIARON NOT RRNOY 1 MEAN A00TIC56. DELETIONS OR REVISIONS 10 TNS DOMING DY OTHERS Aft NOT P MJM ES MINK 8ETOIAKIOEeRIPINK NAY NOT BEIR:WSFEREDWUN]UT7NE INPRO3920WRITTENPERMSSOROF THE 90N540 SURVEYOR. THIS 900701 ARO OF1C1PT01N IS ROI PIVD FOR NO 01161 PURPOSE ODER TWN 81180® 8Y THE SN:NNG SURVEYOR 6. THE 7.,x8P1AM OF TIE SIETC0 AND DESCRIPTION 1N OUSTER WRs OBTAINED FROM OFF1b/L PECOF08 800K 00, PAGE 90 OF THE %1680 PEWP09 GF UOIM NY84 C 8)12,, FLOM A T11E 1416 AID EXCEPT P0RI1044 OF THE OESCRPTON VYAS 170YFLOPf1 IR TIE PROFEsscNAL 1KR01YOR 80 KURR REFERBeE WATER L SUNS WANED 00011 A MMUS 8000MTY SURVEY PERF010® O MIEN 2756002715, RG FOR TIE 0IYOF YEW SEAM OAIEOMMCHNIA P ORECF NO 134/362, ANDPRO3CT 184999. THE PAST 811RYE110F INE TONER MUTT PARca. DEUNEA1101W TNS 46139200 TOV81 WEN01 MN WRES AM ENCLOSURE MKS FS 1801101808* TIERECOt0 LEGALOESOISMOF1 7. DE HEREON Mama P*03060T WPEMS TO LIE WWI F100020E7c FIUME62% MINI CNNICE FL000P8NI41. PS VOM ON R00086WANCE RATE NAP (mg IA06ER IN640:144, MEL 6144,041RNIAWBSECI0EOWE OFO80EA4.202 6. W0SMAP IS ASIQ:TOIOFLESCRIPIION OIAYABOUNOARY SLAM 1W9 N)TPERFCIREDT008MEA1E6NDFARC85. THIS SKETCH IS NOTA BOUNDARY SURVEY THIS SKETCH ANO DESCRIPTION IS COMPRISED OF THREE PAGES. ONE IS NOT VALID WITHOUT THE OTHER. CALCULATED UNE TABLE DATA Line Table Line # Length Direction L5 28.37 N 54' 42' 09" W L6 5.00 N 35' 17' 51" E L7 24.84 S 54' 42' 09" E L8 36.71 S 54' 42' 09" E L9 " 25.51 S 54' 42' 09" E L10 1.19 N 00' 03' 14" E L11 20.02 S 89' 20' 09" E 112 82.74 N 65' 20' 01" E L13 5.00 S 24' 39' 59" E 114 71.06 S 65' 20'01 W 115 26.10 S 00' 27' 46" W 116 26.31 N 88' 47' 24" W 1.17 82.87 S 10' 30' 33" W L18 5.00 N 79' 29' 27" W 119 82.05 N 10' 30' 33" E L20 1.16 N 88' 47' 24" W 121 18.48 N 00' 03' 14' E L22 25.51 N 54' 42' 09' W 123 36.71 N 54' 42' 09" W REFERENCE MATERIAL 19455.0,13-2735, 20339.0, 837/15+, 776/294 lme twee (Deed Can) lira l Ien9109 Dealroe 15 28.37 N 53 35' 25' W L6 5.00 N 36' 24' 35' E 115 26.74 s 5 56' 56'W L7 24.69 553'35'25'0 116 25.33 N 89' *2' 30' W L6 37.26 S 53' 35' 25'46 117 62.87 S 11' OF 24'W L9 28.10 553'35'25'46 LIB 5.00 N 7855' 26"40 1.10 9.56 N 00' 22' 23'46 119 81.96 N 11' 04'34"1 811 22.96 5 99' 31' 58'0 120 1.99 N 89' 12' 30' W 112 82.74 2164' 39' 05'46 L2) 18.82 N CO' 22' 23' 46 113 5.00 75' 20 55'46 122 26.06 N 5335' 25'W LI4 74.39 S 64' 39' 05'W L23 37.26 H 53' 35' 25' W LEGEND O -0E- WATER NETER ANCHOR 40 GUT «RE SRN TANNAGE CATCH 8609* SANITARY SEWER HAMMIE OVERHEAD ELECTRIC TOP OF BANK TOE OF SLOPE 400 WATER VALVE FRE HIDRANI TEL UTLLTY POLE (0) 08105EO DATA (P) PLAT DATA (C) CALCULATED DATA (0) DEED DESCRIPTION CALL O EXISTING MRL Q TELEPHONE \CAN/ RISER '(f SMATARY DIEM -OUT QI TARO UCNT ID ELECTRICAL RISER • MNL RECEPTACLE • (LEMMA. NETFJI DLA. R.O.W. 8.0.4.0. C.B.S. CONC. LP, 58117 P.O.B. P.O.E. 06.8. PC. 11 TINE TARTE TAC NUMBER FORC FOUND 1/2' DIAMETER DEBAR/CAP SUPPED 'CARTER ASSOC' 9-2-2016 050 EMERGENCY SERVICES DISTRICT IRC ROAN RIPER COUNTY DATA OBTAINED FROM FURNISHED DOCUMENTS BY THE CUNT OF THE PROPOSED INGRESS / EGRESS AND UIIUIY EASEMENT SKETCH AND DESCRPRON PREPARED BY DAVD MON. P54 OF THE INDIAN RIVER COUNTY, DEPARTMENT CP PUBUC 110RKS. E5631 6940 DPASION AU. FOUND IS' DIAMETER REBAR/CAP STAMPED 'CARTER ASSOC.' NESE PRENOUSLY OBSERVO AND VERIFIED 8Y CN DATED MARCH 2013. PROJECT 13-2735, UNLESS 0THFR@SE N0110. TELEPHONE CR CABLE RISER DIAMETER RIGHT C* WAY NARONAL CE0DE1C VER1KAL DARN CONCRETE BLOCK STRUCTURE CONCRETE IJOUO PROPANE CORRUGATED METAL PPE PLANT a( BEGINNING PONT OF COMMENCEMENT DEVOID RECORD B0011 PAGE 1a DATAPATH TOWER 200 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 FIC CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 2161 STREET, VERO BEACH, FL 32960 T00• {772) 662419) FAX (772) 562-7180 SKETCH AND DESCRIPTION "GUY AND ANCHOR PARCELS" SECTION 2. T.33S., R.39E.. INDIAN RIVER COUNTY, CITY OF VERO BEACH, FL. NOTES, UNE TABLE & LEGEND SHEET 2 of 3 Op./.2095EA 19 titi,I :`Jd UTE :NH THIS SKETCH IS NOTA BOUNDARY SURVEY THIS SKETCH ANO DESCRIPTION IS COMPRISED OF THREE PAGES. ONE IS NOT VAUD WITHOUT THE OTHER 1, 2 6 d w3 000 80 zz FAST R.O.W. UNC OF 20TH AVE S 89'25'35' E 80.00'(0) WEST UNE OF SEI/4(D) 20th AVE. SW CORNER 5E1/4 SECTION 2-33-39 7 1 I i UY WIRE & ANCHOR' PARCEL., 'COUNTY EX&ING ANTENNA DEED OM RIVER OUTER ETt•R B0UN04Rf(, OUNTY FLORIDA' ORB N 00221.' E 1.68' (' 110 41 3024'35' E 5.00' L6 171 SI 1.5 N 53'35'25' W 28.37 P.O.B. O.R.B. 806, PG. 2259 PARCEL' (D) P.O.C. LESS AND EXCEPT PARCEL AND P.0.8. OF ORB 3002, PG 187 N:1199899.18 E:849082.79(C) 'GUY WIRE & ANCHOR' STRIP PARCEL, 'COUNTY DEED RADIAN RIVER COUNTY FLORIDA' ORB 3002, PC 187, IRCO., FL P.0.8. LESS ANO EXCEPT PARCEL N:1199867.78 1b49133.70(C) -21.0' (11 120 N 0022'23' E 25.01' N l m N r•l - 00. WEST UNE OF PARCEL co m N FAST UNE OF PARCEL '8' 'GUY WIRE dc.ANG1OR' STRIP PARCE1, 'COUNTY OEEO INDIMI RIVER COUNTY 0.OR10' OR8 3002, PG 187, RICO., FL SOUTHWEST CORNER INMAN RIVER COUNTY EMERGENCY SERVICES DISTRICT PARCEL 'B' FOUN9 1/2' 0199ETD1 REIM 9114 0.9 'MU ASSd.' 0 0 z EAST UNE OF ST. FRANCIS MANOR N 001011' E 60.0010) S 89'25'35" E 373.6210) ro 116 S 0056'58' W 26.74' 115 'TOWER mutt PARCEL' OF - 'COUNTY DED INDIAN RIVER COUNTY FLORIDA' ORB 3002, PG 187, IMO., fl - 8' L8' MGH CHAIN LINN FENCE N 8912'30" W 32.40' SW 1/4 OF SE 14 SECTION 2-33-39 SOUTHEAST CORNER ST. :RARCIS MANOR 1Hmli{IIIIIIII IllI►1 NORTH 0 ED 40 SME 0 Inch - 40 fart) a A ADgESS RC SASTO4SO OITSSIVNI TSC N0, REVISION BY ocowe DATE, 1e: DATAPATH TOWER 200 CENTRAL AVENUE ST. PETERSBURG, FLORIDA 33701 FAX ;-.:11,:" CAR'T'ER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21s1 STREET, VERO BEACH, FL 32960 TEL' (772) 882.4191 FAX: (772) 582.7180 SKETCH AND DESCRIPTION 'GUY AND ANCHOR PAROLS' SECTION 2, T.33S., R.39E, INDIAN RIVER COUNTY, CITY OF VERO BEACH, FL. SKETCH OF PARCELS SHEET 3 of 3 Op.* 20956-A 20 Stvi :Da Z9i£ :31H SC Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: February 1, 2019 Subject: Fourth of July Fireworks Funding Background Information For several years, Indian River County has provided assistance in funding the Fourth of July fireworks displays in Vero Beach and Sebastian. The City of Vero Beach has requested assistance in funding their centennial celebration this year and is asking for an additional $2,500 which brings the total matching sponsorship donation to $5,000. For many years, the County has contributed $2,500 each to the City of Sebastian and the City of Vero Beach after each of the cities appropriated and paid an equal amount up to $2,500. Funding Funding in the amount of $7,500 is currently budgeted in MSTU Fund/Recreation/Special Events, Account #00410872-041110. Staff Recommendation Staff recommends that the Board of Commissioners approve funding the fireworks displays for the City of Sebastian in the amount of $2,500 and for the City of Vero Beach in the amount of $5,000. Staff also recommends that each of the cities (Vero Beach and Sebastian) appropriate and pay an equal amount up to $2,500 for Sebastian and up to $5,000 for the City of Vero Beach. 21 Lions Club of Sebastian, Inc. 000 c/o Norman I. Meyer, MD 107 Wood Stork Way O Sebastian, FL. 32958 Phone 772-581-0526 0 Fax 772-571-6084 Office of Management & Budget Indian River County 1801 27th Street Vero Beach, FL. 32960-3388 Attn: Kristen Daniels, Indian River County Budget Director. Dear County Commissioners, February 1, 2019 I am writing on behalf of the 4th of July Celebration Committee of the Lions Club of Sebastian. As in the past, Indian River County has made a twenty five hundred dollar ($2500.00) donation towards the fireworks display, I am hopeful we will be able to continue to receive this support from you. The City and County in the past has boasted of the quality family celebration, and we hope to continue with your support. Last year, you requested to be notified early for planning purposes. As you have desired a copy of the City's check, I will present a copy when received from the City to Carol Bergeron. If you have any questions or concerns, please feel free to call me. Thank you in advance for your support. Sincerely, Norman Meyer, MD Event Chairman home: 772-581-0526 cell: 772-538-7658 email: nm2101@yahoo.com 22 OFFICE OF THE CITY MANAGER Mr. Jason Brown County Administrator 1801 27th Street Vero Beach, FL 32960 City of Vero Beach 1053 20th Place - P.O. Box 1389 Vero Beach, FL 32961-1389 Phone: (772) 978-4710 — Fax: (772) 978-4716 E-mail: citymgr@covb.org — www.covb.org January 28, 2019 RE: July 4th Fireworks Display.— Centennial Year Dear Jason: This letter is to request that Indian River County consider, as they have in the past, a donation towards this year's fireworks display in Riverside Park. Since this is the City's Centennial Year, we are requested that the County contribute a $5,000.00 matching sponsorship donation. If you have any questions or require any additional information, please feel free to contact me. Sinc Jflles'R. O'Connor City Manager JROC:jav xc: Rob Slezak, Recreation Director Cindy Lawson, Finance Director 23 CONSENT AGENDA February 12, 2019 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 5, 2019 SUBJECT: Out of County Travel to attend the 33rd Annual Florida Chamber Foundation Environmental Conference FROM: Dori Roy, Assistant to Administrator Out of County travel is requested for Commissioners and Staff to attend the 33rd Annual Florida Chamber Foundation Environmental Conference July 16th to 19th, 2019, in Marco Island, Florida. 24 2/4/2019 Attendee Overview — Florida Environmental Network Attendee Overview Welcome to the Florida Chamber's 33rd Annual Environmental Permitting Summer School This clr.fnrence is produced by Florida Environmental Network, Inc-, under licensing agreementwith the Florida Chamber Foundation. The Environmental Perini;trig Summer School begins on Tuesday, July 16 with Early Bird Discussion Sessions and concludes on Friday. July 19, 2+019" Ch Dos, l pei Sonalii:ed curriculum by select of over 70 offered courses. Take advantage of the Chamber's unique "break-out" format, which prnvides for small class sizes and the opportunity w interacr w th other attendees and instructors. Earn continuing education credits and enjoy numerous opportunities to network in a relaxed social setting with the leadership of Florida's environmental community. In addition, you may register for the one of our Early Bird Discussion Sessions. Location ott Marco Island 400 0c-uth Collier Soule;:; Marc Island, FL3414S Hotel Reservations Fo. r ;el information please Click,11 re. Hotel Parking Valet Parking $25 e day Self P3(king S10 a day i�as L'it er Parking $10 a day Course Materials The c o,lrse materials orov.ded for this conference e cover all breakout session's. The course materials r, i= i ded in your registration fee and will available through our on line scheduling pros:am (SC Registration Fees Environmental Permitting Summer School begins on Wednesday, July 17 ac 3:00 a.m. God concludes ur; Fri lay, Judy 19 at 12.10 , M. F2{• .1rrat or Tee Structure: days hrs Get Weekly News via Email Email address: Your email address 25 2/4/2019 Attendee Overview — Florida Environmental Network "early Reeistration Fee 10/1118-12/31118 • $550 General Registration Fee 1/1/19 -4/15/19 • $600 Late Registration Fee 4/16/19 through on-site • :650 ration fee includes course materials from all sessions accessible from SCHFD (your on line :eption, ccnterer.ce scheduling program), continental breakfasts, refreshment breaks, two I other social functions and a Summer School t -shirt. There are Early bird Discussion Sessions being offered on Tuesday, lulu 16 from 1:00 - 5:00 p.m. Early Birds cannot be taken as a stand alone course. Summer School attendees can attend one of the early bird discussion sessions to, an additional fee of $75. REFUND POLICY 90'41: refund if notified prior to June 17 507,a refund if notified between June 19 -June 29 No refund if notified after June 29 SUBSTITUTIONS WELCOMED Continuing Education FLORIDA BAR- Summer School participants will have the opportunit., tc carn Continuing i.c�a1 Education credits through the Florida Bars Designation Plan, The summer school will submit for approval for 20 hours of general credit, plus an additional 3.5 hours of credo for those attending an "early bird" discussion session. Course number and details on receiving these credits will be undated on our website and be provided at the conference_ ENGINEERS- Florida Environmental Network. Inc. is an approved prnv!der (13003339) of continuing, education credits for registered engineers through the Florida Board of Professional Engineers. Engineers can receive 20 PDHs by attending the Summer School program. Applicable forms will be available at the conference for those wishing to apply (or credit. In addition, the Board of Engineers requires 1 hour of credit for -Board Laws and Rules and 1 hour of credit for Ethics. You can obtain the Boo>'rd Laws and Rules and Ethics credit by attending Early Bird Session "6", LICENSED ENVIRONMENTAL PROFESSIONALS - This course has qualified for.:ntinuing education (CE) credits through the International Society of Technical and Environmental Pro(, Inc. (INSTEP). Credits apply to those currently registered by this association. Participants arts will receive] CE credit for every actual hour or instruction. LEP's may enter their credits on the LEI' CenterSe•_tion of the INSTEP website. 26 2/5/2019 Who Should Attend? — Florida Environmental Network Who Should Attend? Tice Environmental Permitting Summer School has been held For the past 33 consecutive years and is attended by more than 900 attorneys, consultants, engineers, state and local government officials, .eveliners, landowners and others with a strong interest in environmental issues in Florida. Our programs feature a unique 'break-out" format and are substantially remised and updated each year td afford the most advanced and current instruction available on Florida's environmental, energy and growth management laws, rules and programs. Attorneys Builders and Contractors Architects Business and Industry Landscape Architects Engineers Surveyors and Mappers Planners Environmental Managers Realtors Elected Officials landowners Property Appraisers Developers Properly Assessors Citizen Grc-ups Local Government Agribusiness Environrnenta! Consultants Ta),: Assessors Local Chambers Economic Development Counc/s Water Management Districts days hrs .min Get Weekly News via Email Email address: Your email address 27 Letyahem ( alma 2-1 Calms 4-5 Calera X Catena t Umite* 40 ('alas* II ('sins* 1 Caxanollm I ('avambos 2 Weds. Jniv 18 8:311-10:10 ant ISA I. Lake Okeechobee Estuaries: A Water Manngemeni Balancing Mt (Part I 111' 2) Al. Florida's Environntcni. Water Policy, 2018 Legislature El. Envimnmentol Permitting and Enforcement Update NN&001. Embracing \Fater Supply Sustainability: Alternative Water Supply and /tense (Part I of 2) SS. Innovative Solutions to Slnrmwater Management 111)11. Thr New LIMA'.' CC. New Developments in Mr Qualify Regulation Si. What to Expect When Being Inspected Weds. ,huts• i8 10:30 _ 12:10 pm I&J2. Lake Okeechobee Estuaries: A Water Manngcmcnt Balancing Act (Part 2 of 2 RR. Nee 1)cvelopmentsIn Water Quality Permitting KKK. ruiner Directions for Species MitigalIon and Conservation Bunking NN&002. EmhracingWater Supply Susininahllity: Alternative Water Supply and Reuse (Part 2 of 2) PP. Using Public- Private Partnerships to Solve Florida's Water Challenges EEEI. Practical Considerations In Environmental Mitigation and Mitigation Banking VVV. Risk Based CorrectiveActlnn Update V. What's Ahead and Why- Comprehensive Planning and Developments of Regional Impact 52. Whni In Expect When Being Inspected Weds. July f8 1:30-3;10 p.m. HI. Stale Assumption Mitre Federal Wetland Permitting Program 11&.1.11. Emerging Water Supply Issues nod Update on Central FI. Water Initiative (Part 1 of 2) K. Permits Under Attack: Defending Thor Permit from All Challengers Florida ZZI. The Essentials of Obtaining an Environmental Resource Permit VV.Numeric Nutrient Criteria for Starmwater: Emerging Issues IA.. Linking Growth wIth Water Supply Availability HIIH. Coastal Construction Control Line Permitting FF. Linking Disaster slitigation and Recovcn'vsifh Climate Resiliency Q. Recent Developments in Pmperly Rights Weds. July 18 3:30 _ 5:Itipm CI. FI)1iP Regulators and Policy Update lI&,.12. Emerging Water Supply Issues and Update on Central FL Water Initiative (fart 2 0(1) M. Implementing Gulf Restoration in Florida 7.1.2. The Essentials of Obtaining an Environmental Resource Permit B. Florida Chamber of Commerce Ululate: Policy and Planning fnr Florida's Future VV. Florida NPDES Update T. Information Technology: Salutiern to Improve Quality & Efficiency of Govt. Srrices PPP. Threatened and Endangered Species in the Marine Realm UUII. Analyzing Critical Slate Environmental Issues: Conmminnted Site %lgml. & Closures Thurs. July 19 8:311- III:1I1am F. Florida Encrg f Policy Outlook Ill. WMI) Planning. Regulatory and Policy Update WW. Comprehensive 1Vacrshcd Management it0111. Federal Wetlands Permitting Update P. Resolving Property Rights Disputes 1.1.1&MMMT. Issues Affcding Conservation of FL's Wildlife Species (Pon 1 01. 21 GGG. Perniluing and Development in Coastal Marine Environment X. Strategic Planning and Permitting for Development QQQ. Changes In Recycling Theirs. July 19 10:30. 12:I1Ipm C2. FDEP Regulatory and Polley Update BBB2. Federal Wetland% permitting Update U. Drone Technology In Advancing Environmental Assessment and Mnni)nring Gl. Federal Environmental Regulation and Enforcement Under Trump Administration V. New Policy Directions for Crowih Management I.LL&ISIMAI2. Iscne%Affecting Conservation of FL's Wildlife Species (Part 2 of 2 JJJ. Beach Reonurishment and Near Share Ilardhonoms R. Strategies far Avoiding Litigation Under NEPA. CWAand ESA GG. Florida's Renewable Energy Projects Thurs. July 19 1:30 - 3:I11pm 112. State Assumption of the Federal 1litiand Permitting Program C2. Federal Environmental Regulation and Enforcement Under Trump Administration 7T&Ulf I. Implementing Florida's Numeric Nutrient Criteria (Part t of 2) KK. Aquifer Recharge. Aquifer Storage and Recovery and tIIC AA, The Ecnnomics of Smart Growth Sports Facilities and Communities NNN&0(.1(11. Agriculture: Kole of our Farmlands to Water. %Vetlands and Wildlife (Part I of 2) SSS&TTTI.Florida Brownfelds: Technical, Regulator,' and Legal Updnte (Part I of 2) CCCI. Wetland Jurisdiction Melhudolelgy: A State and Federal Update NI. Emerging Issues In Environmental Due Diligence Thurs. Jiffy 49 3;30 _ 5:10pm QQ. Septic Tank Polaution: Challenges and Solutions A2. Florida's Environment. Water Policy and 21118 Legislature 1T&U1.12. Implementing Florida's Numeric Nutrient Criteria (tart 2 of 2) 1111. Energy & Mr Quality Policy and Regulation Under Trump Administration WWW. RBCA Practical Applications and Case Studies NNN&0002. Agriculture: Role of our Farmlands to Water, Wetlands and 11'Ildlire (Part 2 of 2) SSS&TTT2. Florida Rrownflelds: Technical. Regulator' and Legal Update (Part 2 of 2) EEE2. Practical Considerations In F:nvironmenfal Mitigation and Mitigation Banking Z., Transportation Planning: How Do We Get There from Here? Friday July 20 8:311- 10: Mani 1:2. Environmental Permitting and Enforcement Update ('CC2.'Wetland Jurisdiction Methodology: A Slate and Federal Update I- 'leaking Land and Water Resource Management to the "Nest Leve" EE. Response% to Sea Level Rise and Climate Change FF'F. Sovereign Submerged Lands and Aqualic Preserves XX. Use of Wetlands fur Stormwater and Wastewater Treatment RIRR. Florida Solid Waste Regulation Update and a Look Ahead BR. Strategizing Handling & Defending Clients' Interco al Local Quasi.ludicial Proceedings N2. Emerging Issues in Environmental Due Diligence Friday July 20 10:30- 12:111 pm 92.11'MI) Planning, Regulatory and Policy Update :1,1A. Emerging Issues in Environmental Resource Permitting 313, Minimum Flows and Levels W, Navigating the Challenges of Urban 1011 Development Ill). Integrating LID into Local Govt. Stnrmwaler Programs 111. Seagrasses and Mangroves 0.1Vh&s Role is it Anyway? Tuesday, .1uh 17 :1111- 5:911 pm Earls- Bird Discussion Sessions ER "A" — Grading Florida's Ongoing Efforts to Protect Our Water Resources Colossi 1-2 EB "I1" —"Elie Kcys to Success for the Practicing Engineer — Caluya 5 1 uesday, ,1u1} 17 9:01)am-12:IIOpm EB "C" — _ Becoming a Certified Environmental Professional — (-Musa 3-4 28 8F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: February 1, 2019 SUBJECT: Ranking of Firms for RFP 2019036 — CDBG Housing Rehabilitation Category Administration Services FFY 2017 (Contract #19DB-ON-10-40-01-H 03) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2019. DESCRIPTION AND CONDITIONS On June 19, 2018, the Board of County Commissioners (BCC), at an advertised public hearing, directed staff to prepare an application for a $750,000 Community Development Block Grant (CDBG) in the Housing Rehabilitation category and also authorized staff to issue a Request for Proposals (RFP) to select a consultant to administer the grant, if awarded. At a second public hearing on July 10, 2018, the BCC reviewed the proposed CDBG application and authorized its submittal to the state. On December 10, 2018, the County received a notice of award from the Department of Economic Opportunity (DEO) for the CDBG (Attachment 1). Among other things, that letter informed the County that: 1. the awarded amount is $750,000; 2. the effective date for the award is December 10, 2018; 3. the procurement process for needed services (such as for grant administrator) could be commenced; and 4. a CDBG agreement would be sent to the County to execute as soon as the state completed its preliminary review (not yet received). 20 Based on the DEO award letter and prior authorization from the BCC, staff issued an RFP for a consultant to administer the grant. RFP RESULTS: Advertising Date: December 30, 2018 RFP Opening Date: January 25, 2019 DemandStar Broadcast to: 279 Subscribers RFP Documents Requested by: 10 Firms Replies: 2 Firms ANALYSIS: A selection committee comprised of Stan Boling, Community Development Director, Kristin Daniels, Budget Director, and Scott McAdam, Building Official independently evaluated and scored the submitted proposals in accordance with the County Purchasing Manual and the criteria established in the RFP. On January 29, 2019, the committee met and developed an initial ranking of firms. This ranking was unanimous and the committee agreed presentations are unnecessary and declared its ranking final: 1. Guardian CRM, Inc., Dade City 2. SoFI Corporation, Vero Beach FUNDING: Funding for the grant will be made available through a budget amendment. The administration consultant services is an allowable grant expenditure and will be paid through account number 12913054-033190-19802, CDBG/CDBG Grant #19DBON100410H03/Other Professional Services. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the committee's final ranking and authorize staff to begin contract negotiations starting with the top ranked firm (and the subsequent ranked firm, should negotiations with the higher ranked firm fail). ATTACHMENTS 1. CDBG Housing Rehabilitation Category Award Letter F:\Community Development\CDBG\2017-18 CDBG\BCC Items\Consultant Selection Committee\BCC item- CDBG Housing Consultant Recommendation Feb 2019.docx 3d Rick Scott GOVERNOR The Honorable Peter D. O'Bryan Chairman, Indian River County 1801 27th Street Vero Beach, Florida 32960 DEO FLORIDA DEPARTMENT e ECONOMIC OPPORTUNITY December 10, 2018 Cissy Proctor EXECUTIVE DIRECTOR RE: Small Cities Community Development Block Grant (CDBG) Program Federal Fiscal Year (FFY) 2017 Funding Contract Number: 19DB-ON-10-40-01-H 03 Dear Commissioner O'Bryan: The Florida Department of Economic Opportunity (DEO) has completed its review of the County's FFY 2017 Florida Small Cities CDBG Application for Funding. The final score for the County's application is within the fundable range. Thus, the County is awarded a $750,000 subgrant effective December 10, 2018. The County can now incur cost, begin the environmental review and procure professional services, but the County cannot request reimbursement for any costs until the subgrant agreement is executed by both parties. The subgrant period will expire on June 9, 2021. A copy of the program conditions for the subgrant (Attachment D) is enclosed. Please review the program conditions as they list deadlines for some activities to be completed and the possible penalties for not meeting the deadlines. A copy of the County's CDBG subgrant agreement and other required documents will be emailed to the project contact person identified in the County's application as soon as the preliminary review of the contract is completed. The County will need to print out three copies of the agreement and have them signed and dated by the person authorized to sign. The State Clearinghouse does not have to review Housing Rehabilitation subgrants, but the State Historic Preservation Office will review the information after the County has selected the homes that will be rehabilitated. One copy of the following application sections must be sent along with a list of the properties that will be rehabilitated: • Part 2: Application Profile and General Scoring Criteria; • Part 3: Sources and Uses of Non-CDBG Funds (Leverage), if applicable; • Part 6: Form H-1 only; Part 9: Appendix A: Maps; and • Part 9: Appendix D: Historic Preservation Documents, if applicable. Florida Department of Economic Opportunity I Caldwell Building 1307 E. Madison Street ( Tallahassee, FL 32399 850.245.7105 www.floridajobs.org www.twitter.com/FLDEO Iwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711.31 The Honorable Peter D. O'Bryan December 10, 2018 Page 2 of 2 The documents should be mailed to the following address: State Historic Preservation Officer Attn: Compliance Review 500 SouthBronough Street Tallahassee, Florida 32399-0250 The subgrant agreement has been revised in response to statutory and administrative rule changes. Such changes include revisions related to: the scope of work, procurement, financial consequences, elements of the project narrative, documentation requirements for reimbursement, and public records responsibilities. DEO anticipates conducting implementation training for FFY 2017 subgrantees in February or March of 2019. The new subgrant agreement requires, and continued funding of the CDBG project is contingent upon, an employee's or elected official's attendance at this training. DEO will reimburse the travel expenses in accordance with section 112.061, Florida Statutes, for one qualifying employee or elected official from the County to attend the training. The County is responsible for ensuring compliance with all state and federal regulations, submitting reports on time, and completing project activities even if the County hires a subgrant administrator. Additional information regarding the training will be e-mailed to the project contact listed in the County's application. Please contact Ginger Waters at Ginger.Waters@deo.myflorida.com or (850) 717-8410 if there are any questions regarding this letter. Sincerely, Sherri Martin, Bureau Chief Bureau of Small Cities and Rural Commuities SM/gw Enclosure cc: Bill Schutt, Senior Economic Development Planner, Indian River County J. Corbett Alday, Vice -President, Guardian CRM, Inc. 32 Attachment D — Program and Special Conditions Program Conditions 1. The Recipient shall demonstrate that progress is being made in completing project activities in a timely fashion. a. Within 120 calendar days of the subgrant award, the Recipient shall complete the following activities: • Request approval for all professional service contracts; and • Submit an initial payment request for administrative services, if applicable. b. Within 180 calendar days of the subgrant award, the Recipient shall complete the following activities: • Complete the environmental review and submit the Request for Release of Funds and Certification (form HUD -7015.15) to DEO for review; and • Request a wage decision(s) using DEO form SC -56 for applicable construction activities if points were received on the application for "Readiness to Proceed;" c. The Recipient shall advertise for its construction procurement within 30 calendar days after receiving its Authority to Use Grant Funds (form HUD -7015.16) and DEO's written acceptance of the plans and specifications if Recipient received points for "Readiness to Proceed" on its Application for Funding. d. If the Recipient did not receive points for "Readiness to Proceed," it must request a wage decision(s) using DEO form SC -56 at least 30 days before advertising for its construction procurement. Financial Consequences: Failure to comply with any one of the conditions listed above within 15 business days after the specified due date will result in a financial consequence of $1,000 and $1,000 per month beyond the due date until the requirement is met; and loss of "Readiness to Proceed" points, where applicable, which will impact the overall score of the application. DEO shall deduct the amount of the assessed financial consequence from the disbursement amount due to Recipient. If Recipient has only one (1) instance of failure to comply with this agreement, DEO, in its sole discretion, may waive assessment of the financial consequence if the submittal is made within 15 business days of the due date. A justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 15 calendar days of the due date. Any subgrant agreement for which the Recipient has not completed two or more of the activities listed in a. through d. above shall be rescinded unless DEO agrees that the Recipient has provided adequate justification for the delay. 2. The Recipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in Attachment A - Project Detail Budget and Deliverables and Attachment C - Activity Work Plan. 3. No costs may be incurred prior to the effective date of this Agreement, except for those eligible application preparation costs outlined in the original Small Cities CDBG Application for Funding submitted to DEO, unless pre -agreement costs were approved in writing by DEO. 4. The Recipient shall not exclude any firm from submitting a bid or proposal for any work funded partially or wholly with CDBG funds based on a minimum experience requirement. However, a firm's experience can be considered as an evaluation factor in the ranking for professional services and taken into account in evaluating the "responsibility" of a firm when determining the "low, responsive, responsible bidder" for services procured through bids, as required by 2 C.F.R. § 200.319(a). 25 33 Attachment D — Program and Special Conditions 5. CDBG procurement for consultant services and construction activities requires public notice in a newspaper of general circulation in the county where the Recipient is located. The public notice shall indude the following criteria for the procurement process to meet legal requirements and be approved: a. If the notice is published in a newspaper that is located in an Office of Management and Budget (OMB) designated metropolitan statistical area (MSA), only one responsible and responsive bid or proposal is needed to complete the procurement process. If the notice is not published in a newspaper that is located in a MSA, at least three responsible and responsive bids or proposals must be received by the Recipient to complete the procurement process; b. A Recipient, whose newspaper of general circulation is not located in a MSA, may advertise in both a local newspaper and a newspaper in a nearby MSA. In this case, only one responsible and responsive bid or proposal would be needed to complete the procurement process; c. The public notice must be published at least 12 days before the deadline for receipt of the proposals or bids. For construction activities, the public notice period shall conform to section 255.0525, F.S. regarding the numbers of days between publishing the notice and bid opening; d. Nothing in subparagraphs a., b., or c. above shall preclude the Recipient from using additional media to solicit bids related to procurement of professional services and construction activities; e. Each public notice for procurement of CDBG professional services, except for application preparation, must identify either the CDBG funding cycle or the CDBG contract number. In the absence of any identifier, the procurement will be presumed to be for the CDBG funding cycle closest to the publication date of the notice; f. In procuring services for subgrant administration, the public notice or the Request for Proposals must include all the criteria that will be used to evaluate and score the proposals. Any firm that assists the Recipient in developing or drafting criteria used in the Request for Proposals (RFP) shall be excluded from competing for the procurement as required by 2 C.F.R. § 200.319(a); and Any RFP which includes more than one service shall provide the following: • Proposals may be submitted for one or more of the services; • Qualifications and proposals shall be separately stated for each service; and • Separate evaluations shall be done on the proposals for each service. If separate procurements result in one firm being selected for both application and administration services, those services may be combined into one contract provided there are separate scopes of work and a separate fee for each service. 6. A written evaluation, such as a ranking sheet or narrative, shall be prepared for each proposal, ranking or comparing each proposal to the criteria in the published RFP. g. 7. The Recipient is not required to publish a RFP for subgrant administration if it decides to contract with its Regional Planning Council to administer the subgrant. 8. A Recipient whose application received "Readiness to Proceed" points may use the design engineer for services during construction if DEO determines that the procurement for design services is compliant with 2 C.F.R. part 200 and the RFP specifically included services during construction in the scope of work. 9. For construction procurement, if other funding sources will be included in the bid documents, the activities to be paid for with CDBG funds must be shown separately so that the bid proposal identifies the CDBG activities and the amount of the contract to be reimbursed with CDBG funding. 26 34 Attachment D -- Program and Special Conditions 10. Construction contracts shall be awarded to the low, responsive and responsible bidder. If all bids exceed the available funds, the Recipient can apply one or more deductive bid alternates to determine the low, responsive and responsible bidder. The Recipient can reject all bids if they exceed the available funds and republish the notice. 11. The Recipient shall request approval of all professional services contracts and/or agreements that will be reimbursed with CDBG funds. Copies of the following procurement documents must be provided to DEO for review: a. A copy of the Request for Proposals (RFP); b. A copy of the RFP advertisement, including an affidavit of publication from the newspaper; c. A list of entities to whom a notification of the RFP was provided by mail or fax (if applicable); d. Documentation of all efforts to get MBE/WBE firms to submit proposals; e. For engineering/architecture contracts, a list of firms that submitted a proposal (only if short -listing procedure was used); f. Completed and signed final evaluation/ranking forms for all firms submitting a proposal and a scoring summary sheet; g. A copy of the cost analysis for administrative services procurements, or if multiple responses to the RFP were received, a copy of the price analysis; h. A copy of a cost analysis for all procurements of engineering services; i. A copy of the minutes from the commission/council meeting approving contract award; j. A copy of the proposed contract k. Truth -in -Negotiation certification (if not in the contract) for engineering contracts over $150,000; 1. If a protest was filed, a copy of the protest and documentation of resolution; m. The Recipient shall request DEO's approval of a single source procurement if only one firm was considered and the contract exceeds $35,000. The Recipient shall not enter into a contract to be paid with CDBG funds based on a sole source or single proposal procurement without prior written approval from DEO. Failure to secure prior written approval shall relieve DEO of any obligation to fund the said procurement contract or agreement. DEO shall disallow any payments to the Recipient to fund any contract or agreement based on a sole source or single proposal procurement for which the Recipient has not obtained DEO's approval; and n. If a regional planning council or another local government is selected to administer subgrant activities, the Recipient shall submit only a copy of the contract or agreement and cost analysis information. DEO will either approve the procurement or notify the Recipient that the procurement cannot be approved because it violates State, Federal, or local procurement guidelines. The Recipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG funds to pay for professional services. 12. Prior to the obligation or disbursement of any funds, except for administrative expenses for all subgrants other than Economic Development subgrants, not to exceed $5,000, and for Economic Development Grants, not to exceed $8,000, the Recipient shall complete the following: a. Submit for DEO's approval the documentation required in paragraph 11 above for any professional services contract. The Recipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG funds for that contract beyond $5,000 [$8,000 for Economic Development]. 27 35 Attachment D — Program and Special Conditions b. Comply with 24 C.F.R. part 58, and the regulations implementing the National Environmental Policy Act, 40 C.F.R. §§ 1500-1508. When the Recipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD -7015.16) when this condition has been fulfilled to the satisfaction of DEO. The Recipient shall not commit funds or begin construction before DEO has issued the "Authority to Use Grant Funds." 13. The Recipient shall obtain approval from DEO prior to requesting CDBG funds for engineering activities and costs which are additional engineering services as defined in rules 73C -23.0031(1)(a)-(1), F.A.C. 14. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. §§ 4601-4655; hereinafter, the "URA"), implementing regulations at 24 C.F.R. part 42, 49 C.F.R. part 24 and 24 C.F.R. § 570.606(b), the requirements of 24 C.F.R. § 42.325 — 42.350 governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 C.F.R. § 570.606(d), governing optional relocation assistance policies. If the Recipient undertakes any activity subject to the URA, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can determine whether remedial action may be needed. The Recipient shall provide relocation assistance to displaced persons as defined by 24 C.F.R. § 570.606(6)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 15. For Neighborhood Revitalisation, Commercial Revitalization and Economic Development projects, the Recipient shall, prior to being reimbursed for more than $15,000 for administrative services, provide to DEO a copy of all engineering specifications and construction plans, if required, for the activities described in the Agreement. The Recipient shall also furnish DEO, prior to soliciting bids or proposals, a copy of bid documents for services and/or materials to provide those services and/or materials for construction activities when the bids are expected to exceed $35,000. Additionally, the Recipient shall not publish any request for bids for construction purposes or distribute bid packages until DEO has provided its written acceptance of the engineering specifications, construction plans, and bid documents. 16. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories for which CDBG funding will be requested, the Recipient shall submit the following procurement documents: a. A copy of the bid advertisement, including an affidavit of publication; b. Documentation of the Recipient's efforts made to inform minority- and woman -owned businesses of the opportunity to bid on the construction contract; c. A copy of the bid tabulation sheet; d. A copy of the engineer's recommendation to award; e. A letter requesting sole source approval, if applicable; f. A copy of the bid bond (five percent of the bid price) for the prime contractor(s) selected to do the work, and; Completed copies of the following forms for all prime contractors and subcontractors: • Form SC -51 — Bidding Information and Contractor Eligibility; • Form SC -37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); g. 28 36 Attachment D — Program and Special Conditions • Form SC -52 — Section 3 Participation Report (Construction Prime Contractor); • Form SC -38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); • Form SC -53 (if applicable) — Section 3 Participation Report (Construction Subcontractor), and; • Form SC -54 (if applicable) — Documentation for Business Claiming Section 3 Status For each procured construction contract or agreement in Housing Rehabilitation projects for which CDBG funding will be requested, the Recipient shall submit the following procurement documents for all prime contractors and subcontractors: a. Form SC -37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Form SC -52 — Section 3 Participation Report (Construction Prime Contractor); c. Form SC -38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); and d. Form SC -53 (if applicable) — Section 3 Participation Report (Construction}Subcontractor). 17. For each procured construction contract or agreement in the Neighborhood Revitalization, Commercial Revitalization and Economic Development categories, if a job classification needed to complete a construction activity is not included in the Davis -Bacon Act wage decision that was previously obtained from DEO, the Recipient shall request an additional classification using Form SC -57 - Employee/Employer Wage -Scale Agreement after the construction contract has been awarded. 18. For each Commercial Revitalization, Economic Development and Neighborhood Revitalization projects, when the Recipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. § 200.88; and c. The contractor's payment bond (100 percent of the contract price) if the contract exceeds the Simplified Acquisition Threshold as listed in 2 C.F.R. § 200.88. 19. The Recipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 C.F.R. § 570.487(b)(4). 20. All leveraged funds shall be expended concurrently and, to the extent feasible, proportionately with the expenditure of CDBG funds for the same activity. The Recipient shall document the expenditure of leveraged funds required for the points claimed in the application as it may have been amended through the completeness process and as reflected on the Project Detail Budget. All funds claimed for leverage shall be expended after the date that the Authority to Use Grant Funds is issued and prior to Recipient's submission of the administrative closeout package for this Agreement, except for the following costs: • Eligible administrative, engineering and environmental review costs expended after the site visit but prior to the date when the Authority to Use Grant Funds is issued, and • The CDBG portion of the cost of post -administrative closeout audits. 21. The resulting product of any activity funded under this Agreement as amended shall be ineligible for rehabilitation or replacement with CDBG funds for a period of five years. 29 37 Attachment D — Program and Special Conditions 22. The Recipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements, acquired with CDBG funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Recipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. § 570.505. Any future change of use of real property shall be in accordance with 24 C.F.R. § 570.489(j). 23. The Recipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 C.F.R. part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 C.F.R. 67, and Guidelines for Rehabilitating Historic Buildings. 24. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Recipient shall update and submit Form HUD 2880 to DEO within 30 calendar days of the Recipient's knowledge of changes in situations which would require that updates be prepared. The Recipient must disclose: a. All developers, contractors, consultants, and engineers involved in the application or in the planning, development, or implementation of the project or CDBG-funded activity; and b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 25. If required, the Recipient shall submit a final Form HUD 2880, to DEO with the Recipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 26. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. § 570.489W. Title 24 C.F.R. § 570.489(h) shall apply in all conflicts of interest not governed by 24 C.F.R. § 570.489(g), such as those relating to the acquisition or disposition of real property; CDBG financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived. Additionally, the Recipient agrees to comply with, and this Agreement is subject to, chapter 112 F.S., and rule 73C-23.0051(7), F.A.C. 27. Any payment by the Recipient using CDBG funds for acquisition of any property, right-of-way, or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipicnt fail to obtain DEO pre - approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG funds. 28, The Recipient shall take photographs of all activity locations from multiple angles prior to initiating any construction. As the construction progresses, additional photography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 29. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. 30 38 Attachment D — Program and Special Conditions 30. If necessary, the Recipient shall retain sufficient administration funds to ensure internet access, including email, for the duration of the Agreement, including any time extensions. If the Recipient does not already have a computer designated to the person responsible for grant oversight, which is located in the program office and capable of internet access, administrative funds may be used as needed to obtain, at reasonable cost, a computer to allow internet access. Special Conditions 1. Within 90 days following the award of this Agreement the Recipient must update its CDBG Procurement Policy to reflect 2 Code of Federal Regulations (CFR) sections 200.317 - 200.326. The Recipient's current policy indicates 2 CFR 200.318 — 200.326. 31 39 ZF 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 31, 2019 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for Intercounty Bus Service to the Indian River State College Main Campus in Fort Pierce It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2019. DESCRIPTION & CONDITIONS For the past several years, the county has applied for and received transit operating assistance under the Florida Department of Transportation (FDOT) Corridor Grant program. These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County' s transit service provider. FDOT Corridor Grant funds may be used for improving transit operations, such as realigning routes or increasing coverage areas. Since 2009, the County has used FDOT Corridor Grant funding for intercounty service to the Indian River State College (IRSC) Main Campus in Fort Pierce. Since, 2014, this service has been provided through GoLine Route 15, which connects with three other GoLine routes (Routes 4, 6, and 7) at the Intergenerational Center. With a simple transfer, riders coming from the IRSC Mueller Campus, the Main Transit Hub, the Indian River Mall, Vero Beach Highlands, and other locations may travel to the IRSC Main Campus in Fort Pierce. The current grant from FDOT expires on April 30, 2019. At this time, FDOT has awarded the County a new grant to continue providing hourly service via GoLine Route 15 to the IRSC Main Campus. The grant covers a three year period that lasts until February 28, 2022. Through this grant, intercounty transit service to St. Lucie County is 100% funded by FDOT with no local contribution. FDOT is allocating a $360,000 over the three year period. In order to receive these funds, the County must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment #2). C:\Users\1egistar\AppData\Local\Tcmp\BCL Technologies\easyPDF 8\@BCL@300EBED6\@BCL@300EBED6.docx 40 ANALYSIS The attached resolution (Attachment #1) authorizes the Chairman to execute the PTGA for Corridor Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, MPO staff will transmit the PTGA to FDOT. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of state Corridor Grant funds. With respect to the Corridor Grant program, the county receives the grant funds and transfers those funds to the county's Community Transportation Coordinator and transit provider, the Senior Resource Association (SRA). The SRA, in turn, provides the service as directed by the county and as identified in the PTGA. In this case, the funds are to be used to provide intercounty service to the IR SC Main Campus in St. Lucie County. FUNDING Through this grant, intercounty transit service to St. Lucie County is 100% funded by FDOT with no local contribution. The grant does not require a local match. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Grant Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EBED6\@BCL@300EBED6.docx 41 RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-005, also known as the Transit Corridor Grant Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association, Inc.; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.000, Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Transit Corridor Grant funds to Indian River County to provide intercounty transit service to the Indian River State College Main Campus in Fort Pierce. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $360,000 in FY 2018/19 state Transit Corridor Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Depaitiuent of Transportation may require in connection with the County's Transit Corridor Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280E20B7\@BCL@280E20B7.docx Page 1 o42 RESOLUTION NO. 2019 - The Chairperson thereupon declared the resolution duly passed and adopted this 12th 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 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _ 12th day of February , 2019. APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, AICP, Director Community Development Department C:\Users\ legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280E20B7\@BCL@280E20B7.docx Page 2 o43 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 Financial Project Number(s): (item -segment -phase -sequence) 435846-1-84-01 Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Contract Number: Federal Award Date: CFDA Number: N/A Agency DUNS Number: CFDA Title: N/A Fund(s): DPTO FLAIR Category: 088774 215 Object Code: 751000 Org. Code: 55042010429 Vendor Number: VF596000674029 79208989 CSFA Number: 55.013 CSFA Title: Transit Corridor Development Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into this day of , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in operating funds for the SE Regional Corridor Route, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Additional Exhibit(s): 44 1 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through February 28, 2022. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the day of or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: 45 2 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 a. The estimated total cost of the Project is $360,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $360,000, and, additionally the Department's participation in the Project shall not exceed 100.00% of the total eligible cost of the Project, and as more fully described in Exhibit "6", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: Travel expenses are NOT eligible for reimbursement under this Agreement. X Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 46 3 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. 1. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 47 4 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. P. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 48 5 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000-01 STRATEGIC DEVELOPMENT OGC 12118 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. X Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _ Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 9. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 49 6 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 50 7 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 51 8 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "G", Financial Assistance (Single Audit Act), to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinqleAudit(@,dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a�dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, 52 9 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSincileAudit(a.dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Financial Assistance (Single Audit Act), to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply 53 10 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinoleAudit(asdot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a)dot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(aaud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 54 11 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 55 12 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." 56 13 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy 57 14 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). g. 58 15 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. J. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County Board of County Commissioners By: Name: Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Stacy L. Miller, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Shenika Harris 59 16 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12118 A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): operating funds for the SE Regional Corridor Route B. Project Location (limits, city, county, map): Indian River and St. Lucie Counties C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): "As funding allows, this program will consider improvements on facilities designed to prevent them from becoming constrained. Transit Corridor Project is defined as a project identified in a Transit Development Plan, Congestion Management System, or other formal study undertaken by a public agency designed to relieve congestion and improve capacity within an identified corridor, by increasing people carrying capacity through the use and facilitated movement of high occupancy conveyances. Capital costs may include rolling stock, the purchase of land and right of way, construction and installation of facilities, and corridor road improvements such as turn lanes, traffic controls and high occupancy lanes. Operational costs may include pre -service reparations, operating deficits, marketing, administration, security and traffic control, equipment leases, commuter transportation services, carpool and/or vanpool activities, and other demand management strategies." D. Deliverable(s): provision of transit service, quarterly reports including trip data The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): N/A F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 60 17 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Project Number Fund Type FLAIR Category Federal Fiscal Year State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 435846-1-84- 01 DPTO 088774 N/A 2019 751000 55.013 Transit Corridor Program $360,000 $0 $360,000 Total Financial Assistance $360,000 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) * State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $360,000 $0 $0 $360,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $360,000 $0 $0 $360,000 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase), but the revised budget must be updated and reflected in Florida Accountability Contract Tracking System (FACTS). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Jayne A. Pietrowski Department Grant Manager Name Signature Date 61 18 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 62 19 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Transit Corridor Program) Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, F.S. 2. Bus Transit System - In accordance with Section 341.061, F.S., and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C., and has performed annual safety inspections of all buses operated 3. Progress Reports. The Agency will submit Semi -Annual Progress Reports on monthly ridership data. Reports are due no later than January 30th for the period ending December 31St and July 30th for the period ending June 30tH 4. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side comparison of the project goals and actual service data. 5. Submittal of Proposed Time Line. The Agency will submit a Proposed Time Line for Transit Corridor Activities prior to the commencement of the project. 6. Annual Report. The Agency will provide an annual report including the following information: an evaluation of the attainment of the goals and objectives, the reasons any of the goals were not met, and the benefit accrued by the Agency/Community. Should a project not meet its goals and objectives, the District shall determine if it is necessary to terminate the project. This report will accompany the Final Invoice for reimbursement. -- End of Exhibit E- 63 20 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses,. etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.myfloridacfo.com/aadir/reference guide/. 64 21 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT G STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: - Awarding Agency: State Project Title: CSFA Number: *Award Amount: Florida Department of Transportation Transit Corridor Development Program 55.013 $360,000 *The award amount may change with amendments Specific project information for CSFA Number 55.013 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.013 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 65 22 of 22 GRANT NAME: Transit Corridor Grant GRANT #: NA AMOUNT OF GRANT: $360,000 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? Three Years Starting Date: March 1, 2019 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 5. Grant match amount required: $ NA 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? NA 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries $360,000 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years9 $0 66 Grant Amount Other Matching Costs Match Total First Year $360,000 $ $ $360,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 66 8G 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 31, 2019 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Service Development Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2019. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance from the Florida Department of Transportation (FDOT). Those FDOT funds, combined with local funds, serve as the required match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program). Those local, state and federal funds are then passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. In September of last year, the Metropolitan Planning Organization (MPO) approved the 2018 Transit Development Plan Major Update. To address some of the increasing costs associated with door-to- door service for ADA clients, the TDP recommended that the County modify the eligibility and certification process for ADA passengers, modify service hours for GoLine Route 11, and make other minor system changes. As modified, Route 11 will function as an "express route" between Sebastian and Vero Beach operating during weekday peak hours (7 am -10 am and 3 pm -7 pm). All existing stops for Route 11 will continue to be served during the new hours. FDOT has awarded the County with a Service Development grant to implement some of the TDP recommendations for ADA door-to-door service. At this time, FDOT is providing the County with $450,000 in funding through August 31, 2020. FDOT is programming additional funds for FYs 2020 and 2021, and it is expected that the grant will cover a three-year period in total. To receive the C:\Users\]cgistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@480EB062\@BCL@480EB062.docx 67 Service Development Grant funds, the County must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment #2). As is the case with FDOT's Public Transportation Block Grant program, this grant has a 50% local match requirement. Matching funds are available in the County's normal transit allocation. Like the Block Grant, both the local contribution and the FDOT funds can be combined as a local/state match towards federal operating assistance through the federal Section 5307 program, which is the county' s largest funding source for transit. ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Service Development Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Service Development Grant funds on its behalf. The attached Public Transportation Grant Agreement (PTGA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Service Development Grant funds. In this case, the funds are to be used to implement ADA passenger eligibility and certification modifications and to convert Route 11 to an "express route". FUNDING For the County's 50% local match, funding in the amount of $450,000 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041- 088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Grant Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@480EB062\@BCL@480EB062.docx 68 RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-005, also known as the Service Development Grant Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association, Inc.; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.051, Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Service Development Grant funds to Indian River County to assist in the implementation of service modifications recommended by the 2018 Transit Development Plan major update. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $450,000 in FY 2018/19 state Service Development Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Service Development Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@400E3B47\@BCL@400E3B47.docx Page 1 o69 RESOLUTION NO. 2019 - The Chairperson thereupon declared the resolution duly passed and adopted this 12th 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 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 12th day of February , 2019. APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, AICP, Director Community Development Depal lucent C:\Users\legistar\AppData\Local\Temp\BCL Tcchnologies\easyPDF 8\@BCL@400E3B47\@BCL@400E3B47.docx Page 2 oYO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 Financial Project Number(s): (item -segment -phase -sequence) Fund(s): DPTO FLAIR Category: 088774 443922-1-84-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: Vendor Number: VF596000674029 Contract Number: Federal Award Date: CFDA Number: N/A Agency DUNS Number: 79208989 CFDA Title: N/A CSFA Number: 55.012 CSFA Title: Public Transit Service Development Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into this day of , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051, Florida'Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in operating a paratransit transition pilot - year 1 of 3, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Additional Exhibit(s): 71 1 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. Form 725-000.01 STRATEGIC DEVELOPMENT OGC 12/18 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through August 31, 2020. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. If the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: 72 2 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725.000-01 STRATEGIC DEVELOPMENT OGC 12/18 a. The estimated total cost of the Project is $900,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $450,000, and, additionally the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: Travel expenses are NOT eligible for reimbursement under this Agreement. X Travel expenses ARE eligible for reimbursement under this Agreement. Bilis for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 73 3 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. J• Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 74 4 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 1. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p - Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 75 5 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _ Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _ Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 76 6 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 77 7 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 78 8 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR" Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "G", Financial Assistance (Single Audit Act), to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAuditna dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.qov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinaleAudita,dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, 79 9 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAuditla7dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Financial Assistance (Single Audit Act), to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply 80 10 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(o�dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(a)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(aaud.state.fl.us v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 81 11 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 82 12 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." 83 13 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less. than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy 84 14 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12/18 or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). 85 15 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 12118 i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. J• Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Stacy L. Miller, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Shenika Harris 86 16 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): operating a paratransit transition pilot, year 1 of 3 B. Project Location (limits, city, county, map): Indian River County C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): "Service Development Proiects specifically include projects involving the use of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. Projects involving the application of new technologies or methods for improving operations, maintenance, and marketing in public transit systems can be funded through the Service Development program. Eligible capital costs are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include, but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals and park and ride facilities; and passenger amenities, such as passenger shelters and bus stop signs. Eligible net operating costs are all operating costs of a project; Tess any federal funds, fares, or other sources of income to the proiect." D. Deliverable(s): transit service, quarterly reports including monthly transit trips The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): N/A F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 87 17 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Project Number Fund Type FLAIR Category Federal Fiscal Year State Fiscal Year Object Code CSFA/ CFDA Number CSFA/CFDA Title or Funding Source Description Funding Amount 443922-1-84- 01 DPTO 088774 $0 2019 751000 55.012 Public Transit Service Development $450,000 $0 $900,000 Total Financial Assistance $450,000 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only)* State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $450,000 $450,000 $0 $900,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $450,000 $450,000 $0 $900,000 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase), but the revised budget must be updated and reflected in Florida Accountability Contract Tracking System (FACTS). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Jayne A. Pietrowski Department Grant Manager Name Signature Date 88 18 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 89 19 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Service Development) Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, F.S. 2. Bus Transit System. In accordance with Section 341.061, F.S., and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C., and has performed annual safety inspections of all buses operated. 3. Progress Reports. The Agency will submit Semi -Annual Progress Reports on monthly ridership data. Reports are due no later than January 30th for the period ending December 31St and July 30th for the period ending June 30tH 4. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side comparison of the project goals and actual service data. 5. Submittal of Proposed Timeline. The Agency will submit a Proposed Time Line for Service Development Activities prior to the commencement of the project. 6. Final Report. At any time when it becomes necessary to terminate the project or at the end of the two years, a Final Report will be submitted by the Agency. This report will accompany the Final Invoice for reimbursement. The Final Report will include the following: a) An evaluation of the attainment of the goals and objectives. b) The reasons any of the goals were not met. c) The benefit accrued by the Agency. d) A statement of the Agency's intent to continue with the service demonstrated. -- End of Exhibit E -- 90 20 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.myfloridacfo.com/aadir/reference guide/. 91 21 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 12/18 EXHIBIT G STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: - Awarding Agency: State Project Title: CSFA Number: *Award Amount: Florida Department of Transportation Public Transit Service Development Program 55.012 $450,000 *The award amount may change with amendments Specific project information for CSFA Number 55.012 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.012 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx 92 22 of 22 GRANT NAME: Service Development Grant GRANT #: NA AMOUNT OF GRANT: $450,000 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? Three Years Starting Date: March 1, 2019 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 5. Grant match amount required: $ 450,000 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $450,000 annual County match already budgeted in general fund 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries $600,000 Second Year $150,000 $ $150,000 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $450.000 93 Grant Amount Other Matching Costs Match Total First Year $300,000 $ $300,000 $600,000 Second Year $150,000 $ $150,000 $300,000 Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 93 814 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP Community Development Director THROUGH: Sasan Rohani, AICP Chief, Long -Range Planning FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: February 4, 2019 SUBJECT: Ranking of Firms for RFP 2019032 — Impact Fee Update Consultant Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2019. DESCRIPTION AND CONDITIONS On June 13, 2017, three years after the most recent 2014 impact fee update, the Board of County Commissioners (BCC) reviewed the County's impact fee schedule, considered updating it, and decided to postpone an impact fee schedule update until 2019. On November 20, 2018, the BCC reviewed a draft scope of services for a Request for Proposals (RFP) for a consultant to update six (6) of the County's impact fees (excludes Correctional Facilities, Solid Waste Facilities, and Library Facilities), update the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model, and evaluate the County's three separate transportation impact fee benefit districts (north, central, and south county). After discussion, the BCC authorized staff to initiate the consultant selection process. Below are the results of the RFP solicitation. RFP RESULTS: Advertising Date: December 14, 2018 RFP Opening Date: January 18, 2019 DemandStar Broadcast to: 319 Subscribers RFP Documents Requested by: 8 Firms Replies: 2 Firms 9i ANALYSIS: A selection committee comprised of Stan Boling, Community Development Director, Kristin Daniels, Management and Budget Director, and Phil Matson, Metropolitan Planning Organization Staff Director, independently evaluated and scored the submitted proposals in accordance with the County Purchasing Manual and the criteria established in the RFP. On February 1, 2019, the committee met and developed an initial ranking of firms. This ranking was unanimous and the committee agreed presentations are unnecessary and declared its ranking final: 1. Tindale -Oliver & Associates, Inc., Tampa 2. Willdan Financial Services, Orlando FUNDING: Charges from the impact fee consultant will be paid with revenue from the Impact Fee administration fund - Impact Fees/Administration/Other Professional Services (10320415- 033190). RECOMMENDATION: Staff recommends the Board of County Commissioners approve the committee's final ranking and authorize staff to begin contract negotiations starting with the top ranked firm (and the subsequent ranked firm, should negotiations with the higher ranked firm fail). ATTACHMENTS 1. Portion of Draft November 20, 2018 BCC Meeting Minutes F:\Community Development\Impact Fee\IMPACT FEE STUDIES\2018 Update\Consultant RFP\BCC Item - Consultant Ranking by Committee.docx 93 Board of County Commissioners Meeting Minutes - Draft November 20, 2018 Attachments: Staff Report Implementation Matrix -Report Card GNP Action Plan GNP CIP Community Development Director Stan Boling, with the aid of a. PowerPoint Presentation, detailed the fifth report card for the Gifford Neighborhood Plan (the Plan), noting the adoption date of the Plan was July 15, 2014. He spoke on the objectives and action topics, and confirmed that all areas of the Plan were tither complete or in progress at this time. Director Boling mentioned Action 7.3. noting that the section of sidewalk from 43rd Avenue to U.S. Highway 1 was on hold due to the timing of the All Aboard Florida/Brightline proposed improvements, and the section from 43rd Avenue to 58th Avenue was expected to be completed ahead of the 2021 date. He also confirmed that Action 11.8 and Action 9.3 were expected to be complete in 2019. Chairman Solari thanked County staff, the leaders and members of the Gifford community, and County Administrator Jason Brown for their involvement in the projects. Freddie Woolfork, 4590 57th Avenue, spoke on the positive communication and interaction between the Gifford community, County staff and the Board. He made mention, as a reminder, that the sidewalks need to be connected and the existing portions inspected upon completion of new subdivisions. Commissioner Zorc inquired with Public Works Director Rich Szpyrka regarding the Indian River Farms Water Control District and canal -related safety issues. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.A.3. 18-2461 Request to Review Proposed Impact Fee Update Scope of Services, Authorize Staff to Initiate the Consultant Selection Process for the Impact Fee Update, and Formally Initiate an Impact Fee Ordinance Revision Recommended Action: Staff recommends that the Board of County Commissioners: 1. Review the proposed scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. 2. Provide staff any initial comments on the draft Impact Fee Ordinance amendment and authorize staff to initiate a formal ordinance amendment. Indian River County Florida 9e 12 Board of County Commissioners Meeting Minutes - Draft November 20, 2018 Attachments: Staff Report Portion of 6-13-17 BCC Meeting Minutes Scope of Services for IRC Impact Fee Update Draft Impact Fee Ordinance Amendment Community Development Director Stan Boling, with the assistance of a PowerPoint Presentation, detailed the history of impact fee updates, provided an overview of the 2019 proposed areas to be updated, and introduced the potential timeline for the study. He listed the areas to be scaled back/suspended, making note that the suspended areas would remain listed in the ordinance so it could be reactivated if it becomes necessary. Director Boling delivered a draft amendment to the Impact Fee Ordinance to specify a five (5) year time frame for updates to occur. Discussion amongst the Board revealed their intent to have conservative impact fees and to amend the Ordinance to specify the five (5) year time frame for updates. Commissioner O'Bryan discussed the increased growth rate with Director Boling, who clarified that Indian River County was considered a moderate growth county, with the current annual growth rate being just over 2%. The following speakers addressed the Board: Joseph Paladin, President, Black Swan Consulting Debb Robinson, Laurel Builders A discussion ensued on the need for Affordable Housing with Chairman Solari indicating that the subject would be coming back to his attention in the future. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to: 1) initiate the consultant selection process for the impact fee update; and 2) directed staff to move forward with the Impact Fee Ordinance Amendment to specify the update time frame as "every five (5) years". The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc B. Emergency Services C. General Services 1.. Human Services 2, Sandridge Golf Club 3. Recreation D. Human Resources Indian River County Florida 9pe 13 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: February 5, 2019 Subject: Miscellaneous Budget Amendment 006 Description and Conditions 1. The Board of County Commissioners approved a 2.75% general wage increase for the Teamsters Union on August 14, 2018 and for IAFF employees on October 23, 2018. Non- union employees will receive the same increases. Exhibit "A" appropriates funding from the various Reserve for Contingency Funds for all employees covering FY 18/19. 2. On January 22, 2019 the Board of County Commissioners approved the purchase of a computer network upgrade. Exhibit "A" appropriates the funding of $661,844 from the various departments' computer expense allocations. 3. On September 18, 2018, The Board of County Commissioners designated the Indian River County's Problem Solving Courts as a chosen program recipient to receive up to $25,000 from the Alcohol and Other Drug Abuse Trust Fund. Exhibit "A' appropriates the funding from Drug Abuse Trust Fund/Cash Forward -Oct 1St 4. Utilities mistakenly budgeted the Data Flow Tack Pack TCU in the amount of $412,500 as a capital item instead of an R&R expense item. Capital expenditure are not included in the enterprise funds expense budget, but funded with cash. Exhibit "A" appropriates funding of $412,500 from Utilities/Cash Forward to the appropriate expense account. 5. On January 8, 2019, the Board of County Commissioners approved work order # 8 with Morgan & Eklund, Inc. for various Beach Sectors semi-annual monitoring. Exhibit "A" appropriates funding of $51,150 from Beach Restoration Fund/Cash Forward -Oct 1St 6. On January 15, 2019, the Board of County Commissioners approved award of bid for the Gifford Aquatic Center Pool Resurfacing. Exhibit "A" appropriates the balance of the project amount of $31,039 from MSTU Fund/Reserve for Contingency. 7. Several accounts need to be "rolled over" to the current fiscal year. Exhibit "A" appropriates funding in the amount of $102,621 from General Fund/Cash Forward -Oct 1st and $185,000 from Impact Fees/Cash Forward -Oct 1St Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 98 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2019. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTCNEY Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/BCC Dept/Executive Salaries 00110111-011110 $4,750 $0 General Fund/BCC Dept/Regular Salaries 00110111-011120 $3,501 $0 General Fund/BCC Dept/Part-Time Salaries 00110111-011130 $800 $0 General Fund/BCC Dept/Social Security 00110111-012110 $561 $0 General Fund/BCC Dept/Retirement Contribution 00110111-012120 $2,672 $0 General Fund/BCC Dept/Medicare Matching 00110111-012170 $131 $0 General Fund/County Attorney/Salaries 00110214-011120 $15,346 $0 General Fund/County Attorney/Social Security 00110214-012110 $951 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $3,150 $0 General Fund/County Attorney/Medicare 00110214-012170 $223 $0 General Fund/Main Library/Salaries 00110971-011120 $24,588 $0 General Fund/Main Library/Part-Time Salaries 00110971-011130 $2,262 $0 General Fund/Main Library/Social Security 00110971-012110 $1,665 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $2,387 $0 General Fund/Main Library/Medicare 00110971-012170 $389 $0 General Fund/NC Library/Salaries 00111271-011120 $11,767 $0 General Fund/NC Library/Part-Time Salaries 00111271-011130 $2,200 $0 General Fund/NC Library/Social Security 00111271-012110 $866 $0 General Fund/NC Library/Retirement Contribution 00111271-012120 $1,289 $0 General Fund/NC Library/Medicare 00111271-012170 $203 $0 General Fund/Brackett Library/Salaries 00111371-011120 $3,072 $0 General Fund/Brackett Library/Part-Time Salaries 00111371-011130 $1,042 $0 General Fund/Brackett Library/Social Security 00111371-012110 $255 $0 General Fund/Brackett Library/Retirement Contribution 00111371-012120 $355 $0 General Fund/Brackett Library/Medicare 00111371-012170 $60 $0 100 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Soil-Water Cons/Salaries 00111837-011120 $808 $0 General Fund/Soil-Water Cons/Social Security 00111837-012110 $50 $0 General Fund/Soil-Water Cons/Retirement Contribution 00111837-012120 $69 $0 General Fund/Soil-Water Cons/Medicare 00111837-012170 $12 $0 General Fund/Law Library/Salaries 00111914-011120 $1,574 $0 General Fund/Law Library/Social Security 00111914-012110 $98 $0 General Fund/Law Library/Retirement Contribution 00111914-012120 $136 $0 General Fund/Law Library/Medicare 00111914-012170 $23 $0 General Fund/Administrator/Salaries 00120112-011120 $10,866 $0 General Fund/Administrator/Social Security 00120112-012110 $674 $0 General Fund/Administrator/Retirement Contribution 00120112-012120 $2,446 $0 General Fund/Administrator/Medicare 00120112-012170 $158 $0 General Fund/General Services/Salaries 00120213-011120 $1,246 $0 General Fund/General Services/Social Security 00120213-012110 $77 $0 General Fund/General Services/Retirement Contribution 00120213-012120 $108 $0 General Fund/General Services/Medicare 00120213-012170 $18 $0 General Fund/Human Resources/Salaries 00120313-011120 $10,968 $0 General Fund/Human Resources/Social Security 00120313-012110 $680 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 $945 $0 General Fund/Human Resources/Medicare 00120313-012170 $159 $0 General FundNeterans Services/Salaries 00120653-011120 $2,866 $0 General FundNeterans Services/Part-Time Salaries 00120653-011130 $536 $0 General FundNeterans Services/Social Security 00120653-012110 $211 $0 General FundNeterans Services/Retirement 00120653-012120 $294 $0 General FundNeterans/Medicare 00120653-012170 $49 $0 General Fund/Emergency Mgmt/Salaries 00120825-011120 $7,720 $0 101 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Emergency Mgmt/Social Security 00120825-012110 $479 $0 General Fund/Emergency Mgmt/Retirement 00120825-012120 $664 $0 General Fund/Emergency Mgmt/Medicare 00120825-012170 $112 $0 General Fund/Parks/Salaries 00121072-011120 $27,762 $0 General Fund/Parks/Social Security 00121072-012110 $1,721 $0 General Fund/Parks/Retirement 00121072-012120 $4,107 $0 General Fund/Parks/Medicare 00121072-012170 $403 $0 General Fund/Human Services/Salaries 00121164-011120 $930 $0 General Fund/Human Services/Social Security 00121164-012110 $58 $0 General Fund/Human Services/Retirement 00121164-012120 $80 $0 General Fund/Human Services/Medicare 00121164-012170 $13 $0 General Fund/AG Extension/Salaries 00121237-011120 $2,794 $0 General Fund/AG Extension/Social Security 00121237-012110 $173 $0 General Fund/AG Extension/Retirement 00121237-012120 $240 $0 General Fund/AG Extension/Medicare 00121237-012170 $41 $0 General Fund/Purchasing/Salaries 00121613-011120 $4,597 $0 General Fund/Purchasing/Social Security 00121613-012110 $285 $0 General Fund/Purchasing/Retirement 00121613-012120 $396 $0 General Fund/Purchasing/Medicare 00121613-012170 $67 $0 General Fund/Facilities Mgmt/Salaries 00122019-011120 $21,450 $0 General Fund/Facilities Mgmt/Social Security 00122019-012110 $1,330 $0 General Fund/Facilities Mgmt/Retirement 00122019-012120 $3,456 $0 General Fund/Facilities Mgmt/Medicare 00122019-012170 $311 $0 General Fund/Office of Mgmt/Budget/Salaries 00122913-011120 $7,959 $0 General Fund/Office of Mgmt/Budget/Social Security 00122913-012110 $493 $0 General Fund/Office of Mgmt/Budget/Retirement 00122913-012120 $684 $0 102 Resolution No. 2019 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Office of Mgmt/Budget/Medicare 00122913-012170 $115 $0 General Fund/FPL Grant/Salaries 00123725-011120 $1,205 $0 General Fund/FPL Grant/Social Security 00123725-012110 $75 $0 General Fund/FPL Grant/Retirement 00123725-012120 $104 $0 General Fund/FPL Grant/Medicare 00123725-012170 $17 $0 General Fund/Emergency Base Grant/Salaries 00123825-011120 $1,737 $0 General Fund/Emergency Base Grant/Social Security 00123825-012110 $108 $0 General Fund/Emergency Base Grant/Retirement 00123825-012120 $149 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $25 $0 General Fund/Animal Control/Salaries 00125062-011120 $7,760 $0 General Fund/Animal Control/Part Time Salaries 00125062-011130 $462 $0 General Fund/Animal Control/Social Security 00125062-012110 $510 $0 General Fund/Animal Control/Retirement 00125062-012120 $776 $0 General Fund/Animal Control/Medicare 00125062-012170 $119 $0 General Fund/Mailroom/Salaries 00125119-011120 $728 $0 General Fund/Mailroom/Part-time Salaries 00125119-011130 $764 $0 General Fund/Mailroom/Social Security 00125119-012110 $93 $0 General Fund/Mailroom/Retirement 00125119-012120 $127 $0 General Fund/Mailroom/Medicare 00125119-012170 $22 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $222,775 MSTU/NCAC/Salaries 00410472-011120 $3,138 $0 MSTU/NCAC/Part-Time Salaries 00410472-011130 $5,324 $0 MSTU/NCAC/Budgeted Temp Salaries 00410472-011190 $2,258 $0 MSTU/NCAC/Social Security 00410472-012110 $665 $0 MSTU/NCAC/Retirement 00410472-012120 $1,005 $0 MSTU/NCAC/Medicare 00410472-012170 $155 $0 103 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/GAC/Salaries 00410572-011120 $2,158 $0 MSTU/GAC/Part-Time Salaries 00410572-011130 $3,500 $0 MSTU/GAC/Budgeted Temp Salaries 00410572-011190 $4,041 $0 MSTU/GAC/Social Security 00410572-012110 $601 $0 MSTU/GAC/Retirement 00410572-012120 $397 $0 MSTU/GAC/Medicare 00410572-012170 $141 $0 MSTU/Recreation/Salaries 00410872-011120 $9,813 $0 MSTU/Recreation/Part-time Salaries 00410872-011130 $776 $0 MSTU/Recreation/Budgeted Temp 00410872-011190 $948 $0 MSTU/Recreation/Social Security 00410872-012110 $715 $0 MSTU/Recreation/Retirement 00410872-012120 $1,126 $0 MSTU/Recreation/Medicare 00410872-012170 $167 $0 MSTU/IG Building/Salaries 00411572-011120 $3,983 $0 MSTU/IG Building/Part-time Salaries 00411572-011130 $704 $0 MSTU/IG Building/Social Security 00411572-012110 $291 $0 MSTU/IG Building/Retirement 00411572-012120 $547 $0 MSTU/IG Building/Medicare 00411572-012170 $68 $0 MSTU/Ocean Rescue/Salaries 00411672-011120 $12,703 $0 MSTU/Ocean Rescue/Part-time Salaries 00411672-011130 $2,763 $0 MSTU/Ocean Rescue/Social Security 00411672-012110 $959 $0 MSTU/Ocean Rescue/Retirement 00411672-012120 $1,789 $0 MSTU/Ocean Rescue/Medicare 00411672-012170 $224 $0 MSTU/Shooting Range/Salaries 00416172-011120 $5,901 $0 MSTU/Shooting Range/Part-time Salaries 00416172-011130 $4,002 $0 MSTU/Shooting Range/Social Security 00416172-012110 $614 $0 MSTU/Shooting Range/Retirement 00416172-012120 $1,284 $0 104 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/Shooting Range/Medicare 00416172-012170 $144 $0 MSTU/Planning & Dev/Salaries 00420415-011120 $3,758 $0 MSTU/Planning & Dev/Social Security 00420415-012110 $233 $0 MSTU/Planning& Dev/Retirement 00420415-012120 $541 $0 MSTU/Planning& Dev/Medicare 00420415-012170 $54 $0 MSTU/Planning/Salaries 00420515-011120 $16,917 $0 MSTU/Planning/Social Security 00420515-012110 $1,049 $0 MSTU/Planning/Retirement 00420515-012120 $1,672 $0 MSTU/Planning/Medicare 00420515-012170 $245 $0 MSTU/Code Enf/Salaries 00420724-011120 $7,983 $0 MSTU/Code Enf./Social Security 00420724-012110 $495 $0 MSTU/Code Enf./Retirement 00420724-012120 $855 $0 MSTU/Code Enf./Medicare 00420724-012170 $116 $0 MSTU/Parks/Salaries 00421072-011120 $2,603 $0 MSTU/Parks/Social Security 00421072-012110 $161 $0 MSTU/Parks/Retirement 00421072-012120 $224 $0 MSTU/Parks/Medicare 00421072-012170 $38 $0 MSTU/Telecommunications/Salaries 00423437-011120 $3,268 $0 MSTU/Telecommunications/Social Security 00423437-012110 $203 $0 MSTU/Telecommunications/Retirement 00423437-012120 $282 $0 MSTU/Telecommunications/Medicare 00423437-012170 $47 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $113,648 Transportation Fund/Road & Bridge/Salaries 11121441-011120 $91,837 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $5,694 $0 Transportation Fund/Road & Bridge/Retirement 11121441-012120 $15,139 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $1,332 $0 105 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Public Works/Salaries 11124319-011120 $4,966 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $308 $0 Transportation Fund/Public Works/Retirement 11124319-012120 $427 $0 Transportation Fund/Public Works/Medicare 11124319-012170 $72 $0 Transportation Fund/Engineering/Salaries 11124441-011120 $44,853 $0 Transportation Fund/Engineering/Social Security 11124441-012110 $2,781 $0 Transportation Fund/Engineering/Retirement 11124441-012120 $4,284 $0 Transportation Fund/Engineering/Medicare 11124441-012170 $650 $0 Transportation Fund/Traffic Engineering/Salaries 11124541-011120 $29,059 $0 Transportation Fund/Traffic Engineering/Social Security 11124541-012110 $1,802 $0 Transportation Fund/Traffic Engineering/Retirement 11124541-012120 $2,863 $0 Transportation Fund/Traffic Engineering/Medicare 11124541-012170 $421 $0 Transportation Fund/Stormwater/Salaries 11128138-011120 $7,656 $0 Transportation Fund/Stormwater/Social Security 11128138-012110 $475 $0 Transportation Fund/Stormwater/Retirement 11128138-012120 $962 $0 Transportation Fund/Stormwater/Medicare 11128138-012170 $111 $0 Transportation Fund/Reserves/Reserve for Contingency 11119941-099910 $0 $215,691 Emergency Services/Fire Rescue/Salaries 11412022-011120 $432,053 $0 Emergency Services/Fire Rescue/Part Time Salaries 11412022-011130 $359 $0 Emergency Services/Fire Rescue/Social Security 11412022-012110 $26,810 $0 Emergency Services/Fire Rescue/Retirement 11412022-012120 $117,090 $0 Emergency Services/Fire Rescue/Medicare 11412022-012170 $6,270 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $582,582 SWDD/Sanitary Landfill/Salaries 41121734-011120 $11,658 $0 SWDD/Sanitary Landfill/Social Security 41121734-012110 $723 $0 SWDD/Sanitary Landfill/Retirement 41121734-012120 $1,376 $0 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease SWDD/Sanitary Landfill/Medicare 41121734-012170 $169 $0 SWDD/CC & Recycle/Salaries 41125534-011120 $2,361 $0 SWDD/CC & Recycle/Social Security 41125534-012110 $146 $0 SWDD/CC & Recycle/Retirement 41125534-012120 $199 $0 SWDD/CC & Recycle/Medicare 41125534-012170 $34 $0 SWDD/Sanitary Landfill/Reserves/Reserve for Contingency 41121734-099910 $0 $16,666 Impact Fees/Planning Admin/Salaries 10320415-011120 $2,197 $0 Impact Fees/Planning Admin/Social Security 10320415-012110 $136 $0 Impact Fees/Planning Admin/Retirement 10320415-012120 $189 $0 Impact Fees/Planning Admin/Medicare 10320415-012170 $32 $0 Impact Fees/Planning Admin/Reserve for Contingency 10320415-099910 $0 $2,554 Section 8/Rental Assistance/Salaries 10822264-011120 $3,982 $0 Section 8/Rental Assistance/Social Security 10822264-012110 $247 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $343 $0 Section 8/Rental Assistance/Medicare 10822264-012170 $58 $0 Section 8/Rental Assistance/Reserve for Contingency 10822264-099910 $0 $4,630 Secondary Roads/Road& Bridge/Salaries 10921441-011120 $373 $0 Secondary Roads/Road& Bridge/Social Security 10921441-012110 $23 $0 Secondary Roads/Road& Bridge/Retirement 10921441-012120 $32 $0 Secondary Roads/Road& Bridge/Medicare 10921441-012170 $5 $0 Secondary Roads/Engineering/Salaries 10924441-011120 $8,165 $0 Secondary Roads/Engineering/Social Security 10924441-012110 $506 $0 Secondary Roads/Engineering/Retirement 10924441-012120 $740 $0 Secondary Roads/Engineering/Medicare 10924441-012170 $118 $0 Secondary Roads/Real Estate Acquisition/Salaries 10924741-011120 $1,076 $0 Secondary Roads/Real Estate Acquisition/Social Security 10924741-012110 $67 $0 107 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Secondary Roads/Real Estate Acquisition/Retirement 10924741-012120 $93 $0 Secondary Roads/Real Estate Acquisition/Medicare 10924741-012170 $16 $0 Secondary Roads/Reserves/Reserve for Contingency 10919981-099910 $0 $11,214 911 Surcharge/Communication Center/Salaries 12013325-011120 $4,609 $0 911 Surcharge/Communication Center/Social Security 12013325-012110 $286 $0 911 Surcharge/Communication Center/Retirement 12013325-012120 $542 $0 911 Surcharge/Communication Center/Medicare 12013325-012170 $67 $0 911 Surcharge/Communication Center/Reserve for Contingency 12013325-099910 $0 $5,504 SHIP/Ship Program/Salaries 12322869-011120 $904 $0 SHIP/Ship Program/Part Time Salaries 12322869-011130 $485 $0 SHIP/Ship Program/Social Security 12322869-012110 $56 $0 SHIP/Ship Program/Retirement 12322869-012120 $157 $0 SHIP/Ship Program/Medicare 12322869-012170 $13 $0 SHIP/Ship Program/Reserve for Contingency 12322869-099910 $0 $1,615 MPO/Planning/Salaries 12420415-011120 $7,535 $0 MPO/Planning/Social Security 12420415-012110 $467 $0 MPO/Planning/Retirement 12420415-012120 $650 $0 MPO/Planning/Medicare 12420415-012170 $109 $0 MPO/Planning/Reserve for Contingency 12420415-099910 $0 $8,761 Beach Restoration Fund/Salaries 12814472-011120 $5,225 $0 Beach Restoration Fund/Social Security 12814472-012110 $324 $0 Beach Restoration Fund/Retirement 12814472-012120 $451 $0 Beach Restoration Fund/Medicare 12814472-012170 $76 $0 Beach Restoration Fund/Reserve for Contingency 12814472-099910 $0 $6,076 Sandridge Golf Course/Admin/Clubhouse/Salaries 41823672-011120 $4,579 $0 Sandridge Golf Course/Admin/Part-time Salaries 41823672-011130 $7,592 $0 108 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Sandridge Golf Course/Admin/Clubhouse/Budgeted Temps 41823672-011190 $1,578 $0 Sandridge Golf Course/Admin/Clubhouse/Social Security 41823672-012110 $852 $0 Sandridge Golf Course/Admin/Clubhouse/Retirement 41823672-012120 $1,746 $0 Sandridge Golf Course/Admin/Clubhouse/Medicare 41823672-012170 $199 $0 Sandridge Golf Course/Admin/Clubhouse/Reserve for Contingency 41823672-099910 $0 $16,547 County Building/Building Dept/Salaries 44123324-011120 $47,061 $0 County Building/Building Dept/Part-time Salaries 44123324-011130 $1,289 $0 County Building/Building Dept/Social Security 44123324-012110 $2,998 $0 County Building/Building Dept/Retirement 44123324-012120 $5,376 $0 County Building/Building Dept/Medicare 44123324-012170 $701 $0 County Building/Building Dept/Reserve for Contingency 44123324-099910 $0 $57,425 Utilities Dept/Wastewater Treatment/Salaries 47121836-011120 $27,962 $0 Utilities Dept/Wastewater Treatment/Social Security 47121836-012110 $1,748 $0 Utilities Dept/Wastewater Treatment/Retirement 47121836-012120 $4,701 $0 Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $405 $0 Utilities Dept/Water Production/Salaries 47121936-011120 $28,746 $0 Utilities Dept/Water Production/Social Security 47121936-012110 $1,782 $0 Utilities Dept/Water Production/Retirement 47121936-012120 $4,571 $0 Utilities Dept/Water Production/Medicare 47121936-012170 $417 $0 Utilities Dept/General & Engineering/Salaries 47123536-011120 $29,290 $0 Utilities Dept/General & Engineering/Social Security 47123536-012110 $1,816 $0 Utilities Dept/General & Engineering/Retirement 47123536-012120 $2,780 $0 Utilities Dept/General & Engineering/Medicare 47123536-012170 $425 $0 Utilities Dept/Customer Service/Salaries 47126536-011120 $27,927 $0 Utilities Dept/Customer Service/Part-time Salaries 47126536-011130 $450 $0 Utilities Dept/Customer Service/Social Security 47126536-012110 $1,759 $0 -1nn Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities Dept/Customer Service/Retirement 47126536-012120 $3,721 $0 Utilities Dept/Customer Service/Medicare 47126536-012170 $411 $0 Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $24,362 $0 Utilities Dept/Wastewater Collections/Social Security 47126836-012110 $1,510 $0 Utilities Dept/Wastewater Collections/Retirement 47126836-012120 $4,095 $0 Utilities Dept/Wastewater Collections/Medicare 47126836-012170 $353 $0 Utilities Dept/Water Distribution/Salaries 47126936-011120 $32,419 $0 Utilities Dept/Water Distribution/Social Security 47126936-012110 $2,010 $0 Utilities Dept/Water Distribution/Retirement 47126936-012120 $6,285 $0 Utilities Dept/Water Distribution/Medicare 47126936-012170 $470 $0 Utilities Dept/Osprey Marsh/Salaries 47128236-011120 $1,819 $0 Utilities Dept/Osprey Marsh/Social Security 47128236-012110 $113 $0 Utilities Dept/Osprey Marsh/Retirement 47128236-012120 $308 $0 Utilities Dept/Osprey Marsh/Medicare 47128236-012170 $26 $0 Utilities Dept/General & Engineering/Reserve for Contingency 47123536-099910 $0 $212,683 Fleet/Vehicle Maint/Salaries 50124291-011120 $8,214 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $509 $0 FleetNehicle Maint/Retirement 50124291-012120 $1,582 $0 FleetNehicle Maint/Medicare 50124291-012170 $119 $0 FleetNehicle Maint/Reserve for Contingency 50124291-099910 $0 $10,424 Self Insurance/Risk Management/Salaries 50224613-011120 $2,654 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $165 $0 Self Insurance/Risk Management/Retirement 50224613-012120 $230 $0 Self Insurance/Risk Management/Medicare 50224613-012170 $38 $0 Self Insurance/Risk Management/Reserve for Contingency 50224613-099910 $0 $3,087 Employee Health/Health Insurance/Salaries 50412719-011120 $1,721 $0 110 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Employee Health/Health Insurance/Social Security 50412719-012110 $107 $0 Employee Health/Health Insurance/Retirement 50412719-012120 $247 $0 Employee Health/Health Insurance/Medicare 50412719-012170 $25 $0 Employee Health/Health Insurance/Reserve for Contingency 50412719-099910 $0 $2,100 Information Tech/Computer Services/Salaries 50524113-011120 $15,687 $0 Information Tech/Computer Services/Social Security 50524113-012110 $973 $0 Information Tech/Computer Services/Retirement 50524113-012120 $1,350 $0 Information Tech/Computer Services/Medicare 50524113-012170 $227 $0 Information Tech/Geographic Information/Salaries 50510319-011120 $8,036 $0 Information Tech/Geographic Information/Social Security 50510319-012110 $498 $0 Information Tech/Geographic Information/Retirement 50510319-012120 $691 $0 Information Tech/Geographic Information/Medicare 50510319-012170 $117 $0 Information Tech/Reserves/Reserve for Contingency 50519981-099910 $0 $27,579 2. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $214,736 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $32,159 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $1,037 $0 Rental Assistance/Cash Forward -Oct 1st 108039-389040 $6,224 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $7,262 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $66,392 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $135,896 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $10,374 $0 SHIP/Cash Forward -Oct 1st 123039-389040 $3,112 $0 MPO/Cash Forward -Oct 1st 124039-389040 $2,075 $0 Beach Restoration/Cash Forward -Oct 1st 128039-389040 $4,149 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $10,374 $0 111 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Sandridge Golf Courser/Cash Forward -Oct 1st 418039-389040 $8,299 $0 Building Dept/Cash Forward -Oct 1st 441039-389040 $36,308 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $113,073 $0 Fleet/Cash Forward -Oct 1st 501039-389040 $7,262 $0 Self Insurance/Cash Forward -Oct 1st 502039-389040 $2,075 $0 Employee Health/Cash Forward -Oct 1st 504039-389040 $1,037 $0 Expense General Fund/Computer Services/Comp Service Inter -dept Charges 00124113-036992 $214,736 $0 MSTU Fund/Planning/Comp Service Inter -dept Charges 00420515-036992 $32,159 $0 Impact Fees/Planning/Comp Service Inter -dept Charges 10320415-036992 $1,037 $0 Rental Assistance/Section 8/Comp Service Inter -dept Charges 10822264-036992 $6,224 $0 Secondary Roads/Engineering/Comp Service Inter -dept Charges 10924441-036992 $7,262 $0 Transportation Fund/Engineering/Comp Service Inter -dept Charges 11124441-036992 $66,392 $0 Emergency Services/Fire Rescue/Comp Service Inter -dept Charges 11412022-036992 $135,896 $0 911 Surcharge/Comm Center/Comp Services Inter -dept Charges 12013325-036992 $10,374 $0 SHIP/Comp Services Inter -dept Charges 12322869-036992 $3,112 $0 MPO/Planning/Comp Services Inter -dept Charges 12420415-036992 $2,075 $0 Beach Restoration/Comp Services Inter -dept Charges 12814472-036992 $4,149 $0 SWDD/Landfill/Comp Services Inter -dept Charges 41121734-036992 $10,374 $0 Sandridge Golf Course/Comp Services Inter -dept Charges 41823672-036992 $8,299 $0 Building Dept/Comp Services Inter -dept Charges 44123324-036992 $36,308 $0 Utilities/General & Engineering/Comp Services Inter -dept Charges 47123536-036992 $113,073 $0 Fleet/Vehicle Maintenance/Comp Services Inter -dept Charges 50124291-036992 $7,262 $0 Self Insurance/Risk Management/Comp Services Inter -dept Charges 50224613-036992 $2,075 $0 Employee Health/Health Insurance/Comp Services Inter- dept Charges 50412719 036992 $1,037 $0 3. Revenue 111 Exhibit "A" Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Drug Abuse Trust Fund/Cash Forward -Oct 1st 121039-389040 $25,000 $0 Expense Drug Abuse Trust Fund/Other Professional Services 12111069-033190 $25,000 $0 4. Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $412,500 $0 Expense Utilities/WW Collection/R&R/Data Flow Tack Pack TCU 47126836-044699-19508 $412,500 $0 5. Revenue Beach Restoration/Cash Forward -Oct 1st 128039-389040 $51,150 $0 Expense Beach Restoration/Other Professional Services 12814472-033190 $51,150 $0 6. Expense MSTU Fund/GAC/Other Improvements Except Bldgs. 00410572-066390 $31,039 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $31,039 7. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $102,621 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $185,000 $0 Expense General Fund/Lagoon/Other Professional Services 00128337-033190 $20,518 $0 General Fund/Parks/Other Capital Improvements - Fairgrounds 00121072 -066391 $82,103 $0 Impact Fees/Parks/Hobart Park Restroom 10321072-066390-18013 $185,000 $0 113 Office of Consent 02/12/2019 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 THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attorney DATE: February 6, 2019 SUBJECT: Agreement to Purchase and Sell the Dodgertown Golf Course Property On January 22, 2019, the Board of County Commissioners approved a revised offer to purchase the former Dodgertown Golf Course (the Property) from the City of Vero Beach. The Property is located at the southeast corner of Aviation Boulevard and 43rd Avenue and lies adjacent to the County owned Historic Dodgertown Complex. The revisions to the offer included: • An increase to the purchase price to $2,450,000. • Deed restrictions to the 35.24 acres, which are: ➢ Granting the City of Vero Beach a right of first refusal to purchase the property if the lease with Major League Baseball is terminated. ➢ The Property will be used for passive recreation, environmental projects or activities that are ancillary to and consistent with the use of the Dodgertown property by Verotown, LLC. • Planting additional trees and landscaping along the east side of 43rd Avenue upon completion of the SR 60/43rd Avenue Improvement Project. • Construction of a walking/jogging trail on the Property. On February 5, 2019, the City Council approved the revised offer by a vote of 4-1, with one change: removal of the WHEREAS clause that references the use of the Property as a hotel site. That clause has been removed from the attached Agreement to Purchase and Sell. Funding: Funding for the $2,450,000 purchase is available from a combination of Tourist Tax Fund reserves (119) for $250,000 and Optional Sales Tax Fund reserves (315) for the remaining balance of $2,200,000. 114 Agreement for Sale and Purchase February 6, 2019 Page 12 Recommendation. Staff recommends the Board review the revised terms of the Agreement to Purchase and Sell for the Dodgertown Golf Course Property and authorize the Chairman to execute the Agreement on behalf of the Board. Attachment: Agreement to Purchase and Sell Copies to: Stan Boling, Community Development Director Richard B. Szpyrka, P.E., Public Works Director Michael Zito, Assistant County Administrator 115 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of February, 2019, by and between Indian River County, a political subdivision of the State of Florida ("the County"), whose mailing address is 1801 27TH Street, Vero Beach, FL 32960 and the City of Vero Beach, a Florida municipal corporation, (the City) whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389 who agree as follows: WHEREAS, the City owns a 35.24 acre parcel of property (the Property) located at the south east corner of 43rd Avenue and 26th Street, that lies within the city limits of the City of Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County owns Historic Dodgertown, the adjacent parcel to the east of the Property; and WHEREAS, the property was at one time part of the Historic Dodgertown complex, formerly known as Dodgertown Golf Course; WHEREAS, the County has been contacted by Major League Baseball, Inc. (MLB) concerning operations at Historic Dodgertown with an eye toward expansion of baseball and other sports for financially disadvantaged youths; and WHEREAS, the County is concerned that the Dodgertown Golf Course property may be needed for future development of Historic Dodgertown, parking and open space compatible with Historic Dodgertown operations; and WHEREAS, the County has also demonstrated a need for additional parking for large events held at Historic Dodgertown, such as the Jackie Robinson Game, concerts and other Targe gatherings; and WHEREAS, the County is in the final phase of right-of-way acquisition for the State Road 60/43rd Avenue Improvement Project, which will expand 43rd Avenue along the west side of the Property, and WHEREAS, the County has future plans to expand Aviation Boulevard and 26th Street to the north of the Property and additional right-of-way and stormwater ponds will be needed from landowners adjacent to Aviation and 26th Street; and WHEREAS, purchase of the Property would benefit the County in its negotiations with MLB, future road expansion and current parking for large events at Historic Dodgertown, and 1 116 NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and CITY agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The City hereby agrees to sell to the County, and the County hereby agrees to purchase from the City, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at the south east corner of 43rd Avenue and 26th Street, Tying within the city limits of the City of Vero Beach, Indian River County, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 35.24 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $2,450,000.00 (Two Million, Four Hundred Fifty Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County Commission or the City Council shall have approved the execution of this Agreement, which ever date is later. 3. Title and Appraisal. The City shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to The City; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided: (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to the City of title defects. Title shall be deemed acceptable to County if: (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and the City cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). The City shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to the City, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 3.2 The Parties agree that Fla. Stat. §125.335 (2018) is applicable to this Agreement and two appraisals supporting the purchase price of the Property are required by this statute. The County shall obtain these appraisals within 45 days of the effective date and notify the City of its receipt upon completion. 2 117 3.3 Prior to or after the effective date, the County may obtain a survey and conduct a Phase I examination of the Property, both at the County's expense. If the survey reveals encroachments or other significant defects, they shall be considered title defects and dealt with as outlined in this paragraph, above. Should the Phase I examination reveal contamination on the Property, the County may accept the Property and proceed to closing or may terminate this Agreement. 3.4 By a restriction recorded with the deed, the County agrees to exclude residential development from the permitted or allowable uses of the Property. As a further restriction to be recorded with the deed, for so long as the Amended and Restated Facility Lease Agreement for the Dodgertown Property is in effect, the property will be used for passive recreation, environmental projects, or activities that are ancillary to and consistent with the use of the Dodgertown Property by Verotown, LLC. 3.5 The County shall convey to the City a grant of first refusal, in accordance with the Addendum to Agreement attached to this Agreement as Exhibit "B" and incorporated by reference herein. 3.6 Upon completion of the State Road 60/43rd Avenue Improvement Project or within 36 months of closing on the Property, the County shall plant additional trees and landscaping along the east side of 43rd Avenue. 4. Representations of the City. 4.1 The City is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, the City shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the City shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the City nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the City shall fail to perform any of its obligations hereunder, the County 3 118 shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the City at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the City; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the City's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place on or before April 15, 2019. The parties agree that the Closing shall be as follows: (a) The City shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If the City is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) The City and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments, if any, which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the City. 7. Personal Property. 7.1 The City shall have removed all of its personal property, equipment and trash from the Property. The City shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 The City shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County, or its agent, shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by the City pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 4 119 8.2 The City shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the City and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor the City may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to the City: If to County: James O'Connor, City Manager 1053 20th Place Vero Beach, FL 3296 Jason E. Brown, County Administrator 1801 27th Street Vero Beach, FL 32960 Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to 5 120 this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County and City Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners and the City of Vero Beach City Council as set forth in paragraph 2. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 6 121 ATTEST: CITY OF VERO BEACH Tammy K. Bursick City Clerk By: Harry Howie III Mayor [SEAL] Date signed: CITY ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Kira C. Honse James R. O'Connor Interim City Attorney City Manager Approved as to technical requirements: Approved as to technical requirements: Monte K. Falls Cynthia D. Lawson Public Works Director Finance Director 7 122 EXHI11T SCALE 1'• 120' SURVEYOR'S NOTES ▪ WARMSNA KM.= 1009 ROOM SIM PUNE nNE...4 aAl PITO. Klmu COOK.. SFS. F.N. AD.R11.N1.NR OAscO NNW 1.00 AK Kem2m 00105 . UN O SE000T ), W0250P 033 502. 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YR .021 1.011.0aim.:11.03 . $g Y - I F--: 0.x90• \ \ t\ \ PROPERTY DESCRIPTION OTUATC13 INT STAR o RwOA COMO M N NA RAN, COT m&KR AM we A AIN Of TRACTS 2 5. SEC. 3. 101.10. Al SOW.#ANS 39 EAST 0OTU OF iK T Of .05 05 OF WNW. Nr000 m WAX# C Ful Oma 1 PAW 26 0, TE PKK looms O ST WOE [CONN FLOM. LAO LANK NM OK. MO SONG • 0210 m0A COMM. 040 MOPE PARKWAY BmNND AND OCROfO AS MUM A0 O OmSRWw 0.002 IAA N DISC.. N Of.. RECOWS 19004 139 KO K; SD Or 1.6 PK RECORDS NOAi. COUNTY. OWN. 021x; 202.1 .ARSE E-A N A PROTON O P RC 1K K NScSNO n NEC0O3 8 S 004 23.. PA03 OF 1K PUNIC WEEKS OF NOW NKR nwDA; 1000100# WOO O 1200011070 PARCEL 3-A M 0[SCA0E0 N 080.. WORK ROLA VOL P25 NOS Of PKUe #025200 Or 00223 DWI 10195. 2102501 IE05 71012 OEDEC 10 WA. NNP COUMi As =moo w orroAL Rec000s 0001 33.7. PAS SS1 O11991.065 KW.* Cr ALSO LEM ...Qom 11X1 PGI AHO. OMR. RI Oa2WA 0RECORDS Rrt 2tl4 PAS TAO a Ta .0.16 KOOKS o 0Mx RAW CONN. 11.5011+: O0EMLL PHK= ALSO SLING OESWOCD AS: 00010300X0 AT ME XORONIS? 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CAST rail A OISIANCE Of 75.06 FEET: 11150E X01111107'20'9' 9050 500 A 0)01000E 011 139.55 2EE1; 5110NS ncolx 0200'21) EAST FOR A DISTANCE Or 1220.72 FEET: 122556 NO927 169110- C051 FOR A dn.. 02 35.29 11E51 70 1K 1Gx5 O 0000105 SAD PARCEL CONTAINING 1.535097 SAME KV CR 3522 ACRES YORE OR LESS N075; 5210 PARCM 012£10 10 EASMTNTS AS D30NC 8 \ \ \k,d;' 2 AAA 1000tl047.E 00.50' .-.7:71 I of r9N Pro- _ Mp1N cOP'L co DAVID DAY. P529 /5973 DATE NuF PP K. .0102.21.2010.A0 W TR. A w[g0n0 rr�iAr m CRY PROPERTY/43RD AVENUE AND 26TH STREET BOUNDARY SURVEY 2.re a P" Na prn CITY OF VERO BEACH DEPARMENT OF PUBLIC WORKS SURVEYING & ENGINEERING DIVISION CRY PRO0ECTN0. 2001.20 SKEET 2 091 123 ADDENDUM TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTYAND THE CITY OF VERO BEACH 1. GRANT OF FIRST REFUSAL. The County hereby grants to the City the exclusive option to purchase the real property locally known as the Dodgertown Golf Course located in Indian River County, Florida, described in Exhibit "A",together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Grant of First Refusal becomes legally binding upon the Parties at closing. 2. GRANT OF FIRST REFUSAL TERMS. The City shall have the exclusive option to purchase the Property at a price mutually agreeable to the parties, upon the occurrence of any of the following: (a) The County's lease with Verotown, LLC concerning Major League Baseball (MLB) for Historic Dodgertown expires and is not renewed or the lease is otherwise cancelled. (b) The County declares its intent to sell the Property. (c) The use of the Property is no longer consistent with the use of Historic Dodgertown by Verotown, LLC (d) The Property is no longer used for passive recreation, environmental projects such as stormwater storage and/or treatment. Upon the occurrence of any of the above, the County shall advise the City in writing within 15 days. The City shall then have 30 days to notify the County in writing of its intent to exercise its option to purchase the Property. If the City exercises its right to purchase the Property, the Parties shall have 90 days to reach a mutually agreeable purchase price supported by an appraisal(s) and enter into a contract for the purchase and sale of the Property. The Parties may mutually agree to extend the term for the exercise of the option to purchase the Property or extend the time to reach an agreeable purchase price. 3. BEST EFFORTS. The parties agree to use their best efforts to exercise the option and close as soon as possible, even if prior to the Option Expiration Date, so long as all requirements of this Agreement are fulfilled. 4. ASSIGNMENT. This Grant of First Refusal may not be assigned without the permission of the other party. SIGNATURE PAGES TO FOLLOW 1 124 IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date first set forth above. INDIAN RIVER COUNTY, FLORIC}/55.qY•coti%,>. BOARD OF COUNTY COMMISSION F sso cn 1� ,.... V 1/e/�A �i�ce_ t� Bob Solari, Chairman :�F..:;n,;, • •: Approved by BCC QLt2.• 2-2 c�Ur"'� ic? OP' l ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller B Approved: Deputy Clerk Jason E Brawn County L d ► inistrator Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney 2 125 ATTEST: CITY OF VERO BEACH Tammy K. Bursick City Clerk By: Harry Howie III Mayor [SEAL] Date signed: CITY ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Kira C. Honse James R. O'Connor Interim City Attorney City Manager Approved as to technical requirements: Approved as to technical requirements: Monte K. Falls Cynthia D. Lawson, Public Works Director Finance Director 3 126 loci INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning FROM: Bill Schutt, AICP; Chief, Current Development DATE: February 1, 2019 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meetings It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of February 12, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: March 5 201 1. Indian River Land Trust, Inc.'s Request to Amend the Comprehensive Plan to Re -designate + 11.59 Acres From C/I, Commercial/ Industrial to M-1, Medium Density Residential -1 (up to 8 units/acre), and to Rezone Those ± 11.59 Acres From CL, Limited Commercial District, to RM -6, Multi -Family Residential District (up to 6 units/acre), located at the southeast corner of 79th Street and U.S. Highway 1; and Simultaneous Request by Schwerin Asset Advisors, LLC's to Amend the Comprehensive Plan to Re -designate ± 11.44 Acres From M-1, Medium Density Residential -1 (up to 8 units/acre), to C/I, Commercial/ Industrial, and to Rezone ± 0.83 Acres of that Property to OCR, Office, Commercial, Residential District and to Rezone the Remaining + 10.61 Acres of that Property from RM -6, Multi -Family Residential District (up to 6 units/acre), to CL, Limited Commercial District, located at the northeast corner of 41st Street and U.S. Highway 1; (LUDA 2006090171-81055) [Treat as Quasi -Judicial] 2. Request to Consider an Ordinance to Approve Modifications to Section 1000.13 of Title X Impact Fee Ordinance Regulations for the Unincorporated Indian River County and Municipalities [Legislative] C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380E5FEE\@BCL@380E5FEE.docx 127 RECOMMENDATION: The referenced public hearing items are provided for the Board's information. No action is needed at this time. C:\Users\ legistar\AppData\local\Temp\BCL Technologies\easyPDF 8\@BCL@380E5FEE\@BCL@380E5FEE.docx 128 Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 5, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 2019/2020 BUDGET WORKSHOP / HEARING SCHEDULE Description Presented below are selected dates for the 2019/2020 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 12, 2019 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Wednesday, July 17, 2019 Thursday, July 18, 2019 (as needed) Wednesday, Sept.11 , 2019 at 5:01 p.m. Final Budget Hearing to adopt budget and millage rates Wednesday, Sept. 18, 2019 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2019/2020 budgets. 129 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board Of County Commissioners DATE: February 6, 2019 SUBJECT: 1st Quarter FY 2018/2019 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the staff report for the first quarter of fiscal year 2018/2019. Staff will make a presentation at the Board meeting. 130 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2018-2019 1st Qtr. 001 -GENERAL FUND Account Description BUDGET Quarterly Budget (25% of Total) YTD Revenues Percentage of Annual Budget Difference from 25% Comments/ Notes 001031 Taxes $57,125,801 $14,281,450 $48,311,562 84.6% $34,030,112 The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount 001033 Intergovernmental $4,744,569 $1,186,142 $1,109,998 23.4% ($76,145) State Library Aid grant to be received next quarter. 001034 Charges For Services $1,605,247 $401,312 $251,523 15.7% ($149,789) Balance of Payment from Sheriff for School Resource Officers expected to be received next quarter. 001035 Judgments, Fines & Forfeits $185,402 $46,351 $28,119 15.2% ($18,231) Revenues received slightly below budgeted amounts. 001036 Licenses $141,550 $35,388 $26,345 18.6% ($9,043) Lag time in receiving licenses 001037 Interest $204,725 $51,181 $72,426 35.4% $21,244 First quarter interest earnings higher than anticipated. 001038 Miscellaneous $4,822,360 $1,205,590 $1,485,247 30.8% $279,657 Received FPL Disaster Grant in full. 001039 Other Sources $24,161,532 $6,040,383 $4,792,310 19.8% ($1,248,073) Cash forward reserves budgeted, but not actual Grand Total $92,991,186 $23,247,796 $56,077,530 60.3% $32,829,733 004 MUNICIPAL SERVICE FUND Account Description BUDGET Quarterly Budget (25% of Total) YTD Revenues Percentage of Annual Budget Difference from 25% Comments/ Notes 004031 Taxes 510,989,695 $2,747,424 $8,424,541 76.7% $5,677,117 The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive 4% discount. MSTU includes communications tax and business tax which makes this percentage lower than other funds. 004032 Permits And Fees $8,838,800 $2,209,700 $1,947,560 22.0% ($262,140) Lag time in receiving franchise fee payments- 2 months received in quarter 004033 Intergovernmental $8,825,429 $2,206,357 $1,763,519 20.0% ($442,838) Lag time in receiving 1/2 Cent Sales Tax- 2 months received in quarter 004034 Charges For Services $1,175,554 $293,888 $250,666 21.3% ($43,222) Pool and recreation revenues increase in summer 004035 Judgments, Fines & Forfeits $118,750 $29,688 516,170 13.6% (513,518) Code enforcement fines slightly below budget. 004037 Interest $65,299 516,325 $37,952 58.1% $21,627 First quarter interest earnings higher than anticipated. 004038 Miscellaneous 58,170 $2,043 $5,625 68.8% $3,582 Reimbursement -IG Dept. not budgeted 004039 Other Sources 52,001,264 $500,316 $0 0.0% ($500,316) Cash forward reserves budgeted, but not actual Grand Total $32,022,961 $8,005,740 $12,446,032 38.9% $4,440,292 131 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2018-2019 1st Qtr. 111 TRANSPORTATION FUND Department Description BUDGET Quarterly Budget (25% of Total) YTD Revenues Percentage of Annual Budget Difference from 25% Comments/ Notes 111032 Permits And Fees $251,750 $62,938 $91,135 36.2% $28,198 Other permit revenue higher than anticipated. 111033 Intergovernmental $2,883,250 $720,813 $480,966 16.7% ($239,847) Lag time in receiving constitutional and county gas tax - only 2 payments received in quarter. DOT traffic signal enhancement revenue to be received later this year. 111034 Charges For Services $92,150 $23,038 $11,952 13.0% ($11,085) MPO salary reimbursement completed at year end. 111037 lnterest $35,150 $8,788 $16,215 46.1% $7,428 Paving assessments interest charged here until year end entry. First quarter interest earnings higher than anticipated. 111038 Miscellaneous $372,875 $93,219 $9,706 2.6% ($83,513) Lag time receiving reimbursements from cities for traffic maintenance, etc. reimbursements received at year end. 111039 Other Sources $13,410,446 $3,352,612 $2,775,293 20.7% ($577,319) Cash forward reserves budgeted, but not actual Grand Total $17,045,621 $4,261,405 $3,385,267 19.9% ($876,138) Cash forward reserves budgeted, but not actual 114 EMERGENCY SERVICES DISTRICT Department Description BUDGET Quarterly Budget (25% of Total) YTD Revenues Percentage of Annual Budget Difference from 25% Comments/ Notes 114031 Taxes $32,072,105 $8,018,026 $26,801,209 83.6% $18,783,182 The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount 114033 Intergovernmental $47,500 $11,875 $15,423 32.5% $3,548 Grant paid on advance basis 114034 Charges For Services $5,954,426 $1,488,607 $1,558,086 26.2% $69,479 ALS charges slightly exceeding budgeted figures. 114035 Judgments, Fines & Forfeits $9,500 $2,375 $300 3.2% ($2,075) False fire alarm revenue lower than budgeted. 114037 Interest $47,500 $11,875 $31,361 66.0% $19,486 First quarter interest earnings higher than anticipated. 114038 Miscellaneous $32,029 $8,007 $510 1.6% ($7,498) surplus sale revenue budgeted- no actual 1st qtr 114039 Other Sources $1,927,661 $481,915 $0 0.0% ($481,915) Cash forward reserves budgeted, but not actual Grand Total $40,090,722 $10,022,680 $28,406,888 70.9% $18,384,207 Grand Total - All Taxing funds $182,150,489 $45,537,621 $100,315,717 55.1% $54,778,096 132 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2018-2019 1st Qtr. 001 General Fund Department Description REVISED BUDGET Quarterly Budget (25%ofTotal) YTD Expenses Percentage of Annual Budget Difference from 25% Comments/ Notes 101 BCC Operations $1,071,527 $267,882 $318,930 29.8% $51,049 External auditors' costs billed to BCC account upfront, then distributed to other departments. 102 County Attorney $1,871,825 $467,956 $253,526 13.5% ($214,430) All Aboard Florida legal expenses not yet expended 103 Geographic Info Systems Dept. $87,723 $21,931 $21,931 25.0% $0 106 General Health $1,006,842 $251,711 $283,852 28.2% $32,141 Lag time in New Horizon's reimbursement. 4 draws paid in first quarter to Health Dept. 107 Communications/Emergency Svcs $497,417 $124,354 $16,473 3.3% ($107,881) Maintenance contract payments due later in the year.Computer Software budgeted but not yet expensed 109 Main Library $2,350,957 $587,739 $524,735 22.3% ($63,005) 110 Agencies $2,530,973 $632,743 $1,173,342 46.4% $540,599 Community Transportation Coordinator expenses include grant funds that have not been received, so are not yet budgeted. 111 Medicaid $1,228,901 $307,225 $121,873 9.9% ($185,353) Lag time in reimbursement submittals. 112 North County Library $1,146,880 $286,720 $268,361 23.4% ($18,359) 113 Brackett Family Library $304,557 $76,139 $66,581 21.9% ($9,558) 114 Value Adjustment Board $60,000 $15,000 $832 1.4% ($14,168) Expenses to be incurred later in the year. 118 Ind Riv Soil/Water Conservation $50,143 $12,536 $12,370 24.7% ($165) 119 Law Library $89,368 $22,342 $24,139 27.0% $1,797 128 Children's Services $1,663,965 $415,991 $98,429 5.9% ($317,562) Lag time in reimbursement submittals. 137 Redevelopment Districts $222,000 $55,500 $211,458 95.3% $155,958 CRA payments are due in full in December. 199 Reserves $8,583,677 $2,145,919 $1,533,486 17.9% ($612,433) Contingencies budgeted, but not expended. 201 County Administrator $477,613 $119,403 $97,180 20.3% ($22,223) Some expenses scheduled for later in year 202 General Services $143,703 $35,926 $32,724 22.8% ($3,202) Expenses slightly below budget. 203 Human Resources $633,443 $158,361 $124,217 19.6% ($34,144) Computer Software budgeted but not expensed yet. 204 Planning And Development $6,000 $1,500 $1,210 20.2% ($290) Expenses lower than anticipated. 133 FY 2018-2019 1st Qtr. 001 - General Fund Department Description REVISED BUDGET Quarterly Budget (25%ofTotal) YTD Expenses Percentage of Annual Budget Difference from 25% Comments/Notes 206 Veterans Services $265,241 $66,310 $55,093 20.8% ($11,218) Expenditures for Veteran's Council based on reimbursement. 208 Emergency Management $421,128 $105,282 $121,592 28.9% $16,310 Grant budget rolled over in January 210 Parks $2,431,820 $607,955 $537,681 22.1% ($70,274) Expenses to be incurred later in the year. 211 Human Services $265,488 $66372 $40,587 15.3% ($25,785) Billed quarterly for staff from Health Dept. Not processed until January. 212 Agriculture Extension $197,497 $49,374 $36,810 18.6% ($12,564) Quarterly billing not yet completed. 216 Purchasing $200,907 $50,227 $39,316 19.6% ($10,911) New position filled end of November 220 Facilities Management $4,049,269 $1,012,317 $716,724 17.7% ($295,593) Multiple position vacancies. Budgeted maintenance expenses to be incurred later in the year 229 Management & Budget $351,871 $87,968 $60,802 17.3% ($27,166) Vacant position 237 FPL Grant $117,867 $29,467 $17,421 14.8% ($12,045) Grant expenditures to be incurred later this year. 238 Emergency Mgmt. Base Grant $93,810 $23,453 $22,329 23.8% ($1,123) 241 Computer Services $428,629 $107,157 $107,157 25.0% $0 Computer Service costs charged on a monthly basis. 246 Risk Management $290,318 $72,580 $0 0.0% ($72,580) Insurance charge done once a year in January 250 County Animal Control $590,310 $147,578 $118,536 20.1% ($29,041) Part time position not filled yet. 251 Mailroom/Switchboard $381,392 $95,348 $51,610 13.5% ($43,738) Communication equipment maint. to be paid in April. 252 Environmental Control $7,033 $1,758 $896 12.7% ($862) Expenditures based on reimbursement 283 Lagoon $92,062 $23,016 $239 0.3% ($22,777) Position not yet filled 300 Clerk Of Circuit Court $1,055,644 $263,911 $264,800 25.1% $889 400 Tax Collector $1,585,104 $396,276 $3,044318 192.1% $2,648,042 Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. 500 Property Appraiser $3,112,520 $778,130 $763,263 24.5% ($14,867) 600 Sheriff $50,948375 $12,737,094 $12,680,872 24.9% ($56,221) 700 Supervisor Of Elections $1,368,525 $342,131 $527,259 38.5% $185,127 First draw is 25% of budget per Florida Statutes. 901 Circuit Court $162,879 $40,720 $0 0.0% ($40,720) Expenditures based on reimbursement. 903 State Attorney $87,879 $21,970 $24,082 27.4% $2,113 Expenditures based on reimbursement. 904 Public Defender $3,737 $934 $550 14.7% ($385) Expenditures based on reimbursement. 907 Medical Examiner $454,367 $113,591 $151,456 33.3% $37,865 Expenditures based on reimbursement. Grand Total $92,991,186 $23,247,796 $24,569,042 26.4% $1,321,246 134 FY 2018-2019 1st Qtr. 004 - M.S.T.U. Fund Department Description REVISED BUDGET Quarterly Budget (25% of Total) YTD Expenses Percentage of Annual Budget Difference from 25% Comments/ Notes 102 County Attorney $0 $0 $3,464 N/A $3,464 FMPA/COVB Electric Costs - funds rolled over into current fiscal year in January 104 North County Aquatic Center $763,112 $190,778 $101,165 13.3% ($89,613)(temp. Seasonal operations at pool. Higher expenses employees) in summer. 105 Gifford Aquatic Center $387,463 $96,866 $56,519 14.6% ($40,346) Seasonal operations at pool. Higher expenses (temp. employees) in summer. 108 Recreation $1,010,245 $252,561 $199,786 19.8% ($52,775) Some seasonal operations (summer camps) with higher expenses (temp. employees) in summer. 115 Intergenerational Facility $487,930 $121,983 $78,247 16.0% ($43,735) Part time position vacancy. Other Professional Services to be expensed later in year. 116 Ocean Rescue $902,505 $225,626 $199,142 22.1% ($26,484) Capital items not yet purchased. 161 Shooting Range Operations $659,928 $164,982 $146,943 22.3% ($18,039) Pro Shop supplies less than budgeted. 199 Reserves $25387,762 $6,346,941 $6,207,967 24.5% ($138,974) 204 Planning And Development $252,214 $63,054 $55,025 21.8% ($8,028) Expenses to be incurred later in the year. 205 County Planning $1,141,680 $285,420 $236,869 20.7% ($48,551) Insurance year charges for fund done once per in January. 207 Environmental Plan/Code Enforce $512,809 $128,202 $104,594 20.4% ($23,609) Capital items not yet purchased. 210 Parks $188,758 $47,190 $69,536 36.8% $22,347 Some project budgets not rolled over until January 234 Telecommunications $237,555 $59389 $37,450 15.8% ($21,939) Capital items not yet purchased. 400 Tax Collector $80,000 $20,000 $164,835 206.0% $144,835 Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Grand Total $32,022,961 $8,005,740 $7,740,238 24.2% ($265,502) 135 FY 2018-2019 1st Qtr. 111- Transportation Fund Department Description REVISED BUDGET Quarterly Budget (25%ofTotal) YTD Expenses Percentage of Annual Budget Difference from 25% Comments/ Notes 199 Reserves $1,934,795 $483,699 $245,621 12.7% ($238,078) Contingencies budgeted, but not expended. 214 Roads And Bridges $8,618,723 $2,154,681 $1,645,573 19.1% ($509,107) Insurance charges for fund done once per year in January. Multiple position vacancies. Capital items not yet purchased 243 Public Works $367,987 $91,997 $87,082 23.7% ($4,914) Insurance charges for fund done once per year in January. 244 County Engineering $2,626,827 $656,707 $512,786 19.5% ($143,921) Multiple position vacancies. Capital items not yet purchased. 245 Traffic Engineering $2,551,739 $637,935 $494,093 19.4% ($143,842) Capital items not yet purchased. Auto Insurance charged later in the year 281 Stormwater $945,550 $236,388 $121,049 12.8% ($115,339) Capital items not yet purchased. Grand Total $17,045,621 $4,261,405 $3,106,204 18.2% -$1,155,201 FY 2018-2019 1st Qtr. 114 Emergency Services District Department Description REVISED BUDGET Quarterly Budget (25% of Total) YTD Expenses Percentage of Annual Budget Difference from 25% Comments/ Notes Salaries $19,649,247 $4,912,312 $4,335,156 22.1% ($577,156) 5.9 pay periods out of 26 were paid in quarter. This is 22.7% of salaries rather than 25%. Multiple position vacancies. Benefits $9,798,196 $2,449,549 $2,209,147 22.5% ($240,402) 5.9 pay periods out of 26 were paid in quarter. This is 22.7% of salaries rather than 25%. Multiple position vacancies. Operating $5,667,831 $1,416,958 $926,421 16.3% ($490,536) Insurance charges for fund done once per year in January. Capital Outlay $3,183,905 $795,976 $6,198 0.2% ($789,778) Capital expenditures not yet purchased Grants and Aids $13,822 $3,456 $13,821 100.0% $10,366 Payment to Division of Forestry made once per year, done in October. Other Uses $1,777,721 $444,429 $642,834 36.2% $198,405 Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Grand Total $40,090,722 $10,022,680 $8,133,578 20.3% ($1,889,101) Grand Total - All Taxing Funds $182,150,490 $45,537,621 $43,549,062 23.9% ($1,988,558) 136 Expense Analysis December 31, 2018 >$25,000 and >10% Increase YTD ACCOUNT 001-102-514-033110-15023 001-109-571-038150- 001-199-581-099210- 001-220-519-033410- 001-220-519-066420- 001-241-513-036992- 004-214-541-033490- 103-109-571-066390- 109-214-541-035120- 109-214-541-053360- 109-214-541-053360-16020 109-244-541-035120- 111-214-541-033470- 111-245-541-035360- 114-120-522-011140- 114-120-522-012120- 119-144-572-088750- 120-133-525-034690- 120-133-525-066470- 123-228-569-088050- 123-228-569-088070- 128-144-572-011120- 128-144-572-066512-17001 133-210-572-066510-14004 136-163-564-036730-18804 136-163-564-036730-18805 136-163-564-036730-18807 136-163-564-036730-18808 136-163-564-036730-18809 136-163-564-036730-18810 136-163-564-036730-18812 308-162-575-066490-01002 315-220-519-066510-16030 315-220-519-066510-17018 315-243-538-066510-16022 315 -600-586-099040- 315-600-586-099140- 411-217-534-033489- 411-255-534-033489- 411-255-534-033490- 411-255-534-035290- 418-236-572-035630- 441-233-524-011120- 441-233-524-033470- 471-218-536-035230- 471-235-536-044699-15518 471-235-536-044699-18533 501 -242-591-035530- ACCOUNT DESCRIPTION LEGAL SERVICES -ALL ABOARD FL SUBSCRIPTIONS/MICROFILM FUND TRANSFERS OUT JANITORIAL SERVICES AUTOMOTIVE COMP SERV INTER -DEPT CHGS OTHER CONTRACTUAL SERVICES OTHER IMPROVEMENTS EXCEPT BLDG COMPUTER SOFTWARE ROAD RESURFACING CR512 RESURF MYRTLE TO 125TH COMPUTER SOFTWARE CONTRACTED LABOR SERVICES TRAFFIC SIGNS OVERTIME RETIREMENT CONTRIBUTION CHAMBER OF COMMERCE MAINTENANCE - OTHER EQUIPMENT EDP EQUIPMENT PURCHASE ASSISTANCE LOAN REHAB LOAN - OWNER OCCUPIED REGULAR SALARIES SECTOR 7 BEACH RENOURISHMENT ARCHIE SMITH FISH HOUSE REST COCWIDE TRA #FL01131.4H091705 ALCOHOPE#FL0114L4H091710 NEW CHRONICS #FL0119L4H091710 COC TRA 2 #FL0338L4H091704 IR CHRONICS #FL0360L4H091708 FAM RENTAL #FL0380L4H091703 NEW HORIZONS 2 FL0440L4H091706 OTHER MACHINERY & EQUIPMENT JAIL ROOF NORTH CO OFFICES @ SEB CORNERS CIP-OSPREY ACRES SHERIFF -LAW ENFORCEMENT SHERIFF -DETENTION CENTER CONTRACTUAL SERVICES CONTRACTUAL SERVICES OTHER CONTRACTUAL SERVICES OTHER OPERATING SUPPLIES PRO SHOP REGULAR SALARIES CONTRACTED LABOR SERVICES CHEMICALS SC R/O REHAB WELLS 2,3,5,6,7 SWWTF REBUILD HEADWORK SCREEN GAS/DIESEL 2018 YTD EXPENDED $ 20,090 $ 1,298,145 $ 80,624 $ 30,358 $ 16,951 $ 5,410 $ 329,608 $ 865,216 $ 48,891 $ 46,075 $ 40,000 $ 95,416 $ 28,799 $ 1,932 $ 652 $ 10,861 $ 14,418 $ 306,323 $ 247,508 $ 12,326 $ 5,063 $ 42,896 $ 322,050 $ 57,203 $ 2,225 $ 404,214 YTD 2019 EXPENDED 52,952 25,435 1,533,486 82,673 26,925 107,157 78,694 26,849 39,569 37,741 59,295 28,292 93,862 41,210 422,612 991,328 83,365 163,321 152,536 80,000 186,064 63,846 50,360 126,796 33,820 27,885 84,038 27,346 28,998 27,612 32,839 65,961 370,084 471,689 691,527 1,478,650 140,000 465,279 497,999 416,590 115,830 72,363 385,804 116,426 85,776 47,851 49,662 471,432 Difference $ 32,863 $ 25,435 $ 235,341 $ 82,673 $ 26,925 $ 26,533 $ 48,337 $ 26,849 $ 39,569 $ 37,741 $ 42,344 $ 28,292 $ 93,862 $ 35,800 $ 93,004 $ 126,112 $ 34,473 $ 117,246 $ 152,536 $ 40,000 $ 90,648 $ 35,046 $ 50,360 $ 126,796 $ 33,820 $ 27,885 $ 84,038 $ 27,346 $ 28,998 $ 27,612 $ 32,839 $ 64,029 $ 369,432 $ 460,828 $ 677,108 $ 1,478,650 $ 140,000 $ 158,955 $ 250,492 $ 404,264 $ 110,767 $ 29,467 $ 63,754 $ 116,426 $ 28,573 $ 45,626 $ 49,662 $ 67,218 % Change Explanation 164% Legal Services increase N/A Annual Microfilm subscription -new account established 18% Transportation Fund budget increased N/A Janitorial services incurred -new account established N/A New vehicle purchase 33% Increase in Computer Services allocation 159% Demolition of Club Bali N/A Fiber cable for Fellsmere Library N/A e -Builder software maintenance- new expense N/A Road resurfacing 250% Road resurfacing -project N/A 25% of e -Builder Implementation fee/new expense N/A Wages for daily workers -new account established 662% Aluminum signs and hardware/timing 28% Station 14 opened 12/15/17 15% Station 14 opened 12/15/17 71% Payment based on reimbursement 254% E911 Upgrade Install & Equipment- 50% N/A E911 Upgrade Equipment - 50% 100% Increase in Purchase Assistance Loans 95% Several rehabilitation jobs completed very close together 122% Employee Vacation Payout N/A Sector 7 Beach Renourishment N/A Fish House Restoration N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 N/A HUD Grant for FY 2018/19 3313% MiLB contract based on reimbursement 56661% Capital project 4243% Capital project 4696% Capital project N/A Capital project N/A Capital project 52% Timing discrepancy on payments to Republic Services 101% Timing discrepancy on payments to Republic Services 3280% Timing discrepancy on payments to Waste Management 2188% Purchase of 64 gallon recycle carts 69% Dec cost of goods sold not in previous year -not posted until Jan 20% Three new positions N/A Contracted services -New account established 50% Increase use of chemical sodium hypochlorite 2050% Payment for Floridian Aquifer Wells Rehab N/A Purchase of replacement parts for rebuild 17% Fluctuation in gas/diesel prices 137 ACCOUNT 502-246-513-034590- 502-246-519-012140- 502-246-519-034530- 502 -600-521-012140- 504 -127-519-034586- 505 -241-513-035130- ACCOUNT DESCRIPTION OTHER INSURANCE WORKERS COMPENSATION GENERAL LIABILITY INSURANCE WORKERS COMPENSATION -SHERIFF PHARMACY CLAIMS COMPUTER HARDWARE UPGRADE 2018 2019 YTD EXPENDED YTD EXPENDED Difference $ 968,472 $ 1,101,508 $ 133,036 $ 194,404 $ 232,923 $ 38,518 $ 37,149 $ 106,616 $ 69,466 $ 126,270 $ 235,959 $ 109,689 $ - $ 1,240,031 $ 1,240,031 $ 4,826 $ 38,240 $ 33,414 TOTAL $ 5,664,377 $ 13,715,107 % Change Explanation 14% Increase in insurance rates 20% Increase in Worker's Compensation claims/settlements 187% Increase in insurance claims 87% Increase in Worker's Compensation claims/settlements N/A Pharmacy claims account established in the current fiscal year 692% Increase in budget/Purchase of computers & networking equipment 138 Financial Indicators Snapshot - Dec 2018 Report Revenues Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreation Revenues NCAC GAC Recreation 1G Building Profit & Loss Building Dept. Golf Course Fleet SWDD Shooting Range Compared to Prior Year % Change Current Month % Change Year - to -Date Through Nov 2018 collections -trend is positive -YTD figures have exceeded prior year by $172,488 Year to date collections through Nov 2018 are above prior year by $127,340. -C7.-14.0% -17.0% 3.6% -9.3% 2.5% 5.4% 7.0% r'r- 6.0% rt 8.7% -18.4% 16.2% 8.4% 43. -34.0% Shooting Range YTD net income of ($24,434) vs ($13,084) from last year 13.4% -5.9% 61.8% -7.9% 8.2% -78.3% 4.1% 29.1% ID" 131.2% 41.5% 13.3% 'Q 34.0% 79.5% 401' 34.1% -50.6% 15.6% 0.5% -14.1% 38.4% 0' 29.3% 1 15.6% n/a 32.8% NOr -38.1% 4.5% 27.3% -86.7% Compared to Budget % Variance Current Month % Variance Year -to -Date Through Nov 2018 collections -trend is positive -YTD figures have exceeded prior year by $172,488 Year to date collections through Nov 2018 are above prior year by $127,340. -C7.-14.0% -6.1% 3.6% 4.8% 4.9% 5.4% 40.7% 48.2% 64.0% 102.3% 20.1% 16.2% Fleet YTD net income of $31,442 vs $23,668 from last year SWDD YTD net income of $8,664,310 vs $8,289,886 from last year Shooting Range YTD net income of ($24,434) vs ($13,084) from last year 99.7% 61.8% 34.2% 168.5% -78.3% 4} -55.7% 29.1% ID" 131.2% Comments Represents collection Oct & Nov 2018.Decrease of $60,471 from prior year YTD. Through Nov 2018 collections -trend is positive -YTD figures have exceeded prior year by $172,488 Year to date collections through Nov 2018 are above prior year by $127,340. Varies by month, however, increase of $81,985 YTD compared to prior year. Varies by month, however, increase of $85,143 YTD compared to prior year. Tourist Taxes have exceeded the budget by $54,473; year to date revenues are ($31,661) less than last year. Red Tide Overall YTD Franchise Tax revenue of $2,060,463 vs $1,980,303 in prior year. YTD revenues are up $3,910 compared to prior year, and up $12,713 compared to budget. YTD revenues are up 3,543 compared to prior year, and up $5,021 compared to budget. Pool rental income higher than budgeted. Adult & youth athletics are down $6,865 YTD Revenues are up $3,120 for the month and $ 436 YTD. Primarily Youth athletics and Room Rentals Profit of $196,664 through 1st quarter vs $142,085 during the same period last year Total Rounds are up 2,084 or 10.1% YTD. Net income of $144,189 vs $122,122 from last year Fleet YTD net income of $31,442 vs $23,668 from last year SWDD YTD net income of $8,664,310 vs $8,289,886 from last year Shooting Range YTD net income of ($24,434) vs ($13,084) from last year 139 FY 2018/2019 BUDGET RECONCILIATION October 1, 2018 to September 30, 2019 Budget Approved Budget as of October 1, 2018 $ 339,878,868 Fund Item Description Projects Carried Forward from FY 207/2018 001 General Fund/Purchase Order Rollover 001 Generasl Fund/County Attorney/Legal Services/AII Aboard FL 004 MSTU/Purchase Order Rollover 103 Impact Fees/Purchase Order Rollover 108 Rents/ Asssitsnce/Rennovate Offices 109 Secondary Roads/Purchase Order Rollover 111 TransportationFund/Purchase Order Rollover 114 Emergency Services District/Purchase Order Rollover 120 911 Surcharge/Purchase Order Rollover 123 SHIP./Purchaser Order Rollover 124 MPO/Purchase Order Rollover 145 Series 2006/Purchase Order Rollover 315 Optional Sales Tax/Purchase Order Rollover 411 SWDD/Purchase Order Rollover 441 Building Department/Purchase Order Rollover 471 Utilities/Purchase Order Rollover 132,462 1,000,000 1,964 99 50,000 1,007,183 388,320 256,936 265,946 99 295 42,238 215,913 12,188 1,150 164,536 3,539,329 Budget Amendment 1 2 1 1 2 1 1 1 1 1 1 1 1 1 1 1 Total Budget as of Dec 31, 2018 $ 343,418,197 140 Date: To: From: INDIAN RIVER COUNTY, FLOR A DEPARTMENT OF UTILITY SE ICES February 5, 2019 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Service Cindy Corrente, Utility Finance Manager Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manag-�, Utility Services Rich Meckes, Wastewater Su peri endent Subject: Synagro Dewatering and Sewa:- Sludge Removal Contract Renewal and Price Increase BACKGROUND/ ANALYSIS: On February 23, 2016, the Indian River .unty Board of County Commissioners (BCC) approved the award for Bid 2016018 to Synagro for the ferations of the Biosolids Dewatering Facility and sewage sludge removal. Indian River County Depa ment of Utility Services (IRCDUS) has contracted with Synagro for biosolids dewatering and sewage s dge removal since 2005. Article 7 of the agreement st.' es that the contract period is binding for three consecutive years from the date of the agreement ith an additional two 12 -month terms. The three-year term will expire February 28, 2019. The t-..' s of the contract allow for modification of pricing upon mutual agreement of both parties. In a letter dated J uary 27, 2019, Synagro requested a price adjustment of 1.5%. The 1.5% rate increase is based fon the change in the Consumer Price Index (CPI) from December 2017 to December 2018, per the coract with Synagro. The new rates are reflected in the table below. Service Current Price Recommended Price Actual Cost Oct. -Dec. Projected Cost Oct. —Feb. Projected Cost Mar.- Sept. Projected Annual Total Sludge. Hauling Per gallon $0.0275 $0.0279 $102,274 $170,457 $242,219 $412,676 Sludge Dewatering Per ton $205.00 $208.08 $71,229 $118,714 $168,693 $287,407 C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@F00D6900\@BCL@F00D6900.Doc Page gff FUNDING: Funds for this projectare derived from the Operating fund. Operating funds are and sewer sales. The current budget is sufficient to cover the project annual total. g nerated from water Description Account Number 'otal Budget 218 Sewage Sludge Removal 47121836-044730 . $562,000 257 Other Professional Services 47125736-033190,E $569,300 RECOMMENDATION: The staff of Indian River County Department of Utility Service County Commissioners (BCC) approve the renewal of the co and approve the 1.5% price increase effective March 1, 20 sample extension after approval by the County Attorn recommends the BCC authorize the Purchasing Manage recommendation by the Director of IRCDUS that th requirements and renewal would be in the best i document by the County Attorney as to form and I ATTACHMENT: Sample Extension (IRCDUS) recommends that the Board of tract with Synagro for one 12 -month term and authorize the Chairman to execute the y as to form and legal sufficiency. Staff also ?to renew the agreement for the final term, upon services provided are consistent with contractual terest of the County, and approval of the renewal gal sufficiency. C:\Users\Legista r\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@F00D6900\@ BCL@ F00D6900.Doc 142 Date: To: From: Departmental Item REPLACEMENT PAGES February 12, 2019 Utilities Services Item 12.G.1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES February 5, 2019 Jason E. Brown, County Administrator Vincent Burke, P.E., Director of Utility Services Cindy Corrente, Utility Finance Manager Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent Subject: Synagro Dewatering and Sewage Sludge Removal Contract Renewal and Price Increase BACKGROUND/ ANALYSIS: On March 1st, 2016, the Indian River County Board of County Commissioners (BCC) approved the award for Bid 2016018 to Synagro for the operations of the Biosolids Dewatering Facility and sewage sludge removal. Indian River County Department of Utility Services (IRCDUS) has contracted with Synagro for biosolids dewatering and sewage sludge removal since 2005. Article 7 of the agreement states that the contract period is binding for three consecutive years from the date of the agreement with an additional two 12 -month terms. The three-year term will expire February 28, 2019. The terms of the contract allow for modification of pricing upon mutual agreement of both parties. In a letter dated January 27, 2019, Synagro requested a price adjustment of 1.5%. The 1.5% rate increase is based upon the change in the Consumer Price Index (CPI) from December 2017 to December 2018, per the contract with Synagro. The new rates are reflected in the table below. 'Srvie.` Current Pe c Recommended : Nice ,Actual Cost Oct: -Dec: • ' Projected :' o ;C ' 0ctr'_eti' r Cost ','Rojected Sept.:. Mar.- Sept.': Projected . ; n ual Total '' Sludge Hauling Per gallon $0.0275 $0.0279 $102,274 $170,457 $242,219 $412,676 Sludge Dewatering Per ton $205.00 $208.08 $71,229 $118,714 $168,693 $287,407 C:\Granicus\Legistars\L5\Temp\987b22e1-C106-4d92-B33e-Be39231bb909. Doc Page 1 of 2 /%/ FUNDING: Funds for this project are derived from the Operating fund. Operating funds are generated from water and sewer sales. The current budget is sufficient to cover the project annual total. Description Account Number Total Budget 218 Sewage Sludge Removal 47121836-044730 $562,000 257 Other Professional Services 47125736-033190 $569,300 RECOMMENDATION: The staff of Indian River County Department of Utility Services (IRCDUS) recommends that the Board of County Commissioners (BCC) approve the renewal of the contract with Synagro for one 12 -month term and approve the 1.5% price increase effective March 1, 2019, and authorize the Chairman to execute the sample extension after approval by the County Attorney as to form and legal sufficiency. Staff also recommends the BCC authorize the Purchasing Manager to renew the agreement for the final term, upon recommendation by the Director of IRCDUS that the services provided are consistent with contractual requirements and renewal would be in the best interest of the County, and approval of the renewal document by the County Attorney as to form and legal sufficiency. ATTACHMENT: Sample Extension C:\Gran icus\Legistar5\L5\Tem p\987b22e1-C106-4d92-B33e-Be39231bb909. Doc FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING AND HAULING This First Extension and Amendment (First Extension) to that certain Agreement to provide Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling services is entered into effective as of 2019 by and between Indian River County, a political subdivision of the State of Florida ("County") and Synagro South, LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling Services effective March 1, 2016; and WHEREAS, Paragraph 7 of the Agreement contaainsthe term and.renewal provisions; and WHEREAS, the first term commenced effective as of March 1, 2016 and will end on February 28, 2019; and WHEREAS, Paragraph 4 of the Agreement authorizes Contractor to request modification to pricing annually; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain.provisionsiwto\the Agreement; and NOW, THEREFORE, in consideration of the,foregoing, and other good and valuable consideration, the receipt and sufficiency of which apre\hereby acknowledged, the County and the Contractor agree as follows: 1. The backgro nu d recitals areArue,and correct-and\form a material part of this First Extension. ( �N \\ 2. The first renewal term shall'commence effective March 1, 2019 and shall end on February 29, 2020; one addit onal`renewal term'is available beyond this first renewal. `. 3. Contractor has requested and County has agreed to a 1.5% increase in pricing from $0.0275 to $0.0279 per gallo i4 'hauling and from $205.00 to $208.00 per ton for dewatering, beginning on the effective date of this extension and amendment. 4. Paragraph 9.06 of theeAgreement is replaced in its entirety as follows: 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 143 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 ith the information technology systems of the County. f / B. IF THE CONTRACTOR HAS/QUEST\ONS 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 2 Indian River County,,Office of the County Attorney 1801 27th Street Vero Beach FL32960 \ C. Failure of the Contractor to\complywith these're tquirements shall be a material breach of this 4. The following terms are,ad ed to the -Agreement: A. Contractor certifie t tit and those related entities ofContractor 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, 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 a`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. \\\ Agreement. 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 terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 144 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. OWNER: INDIAN RIVER COUNTY By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attomey Jeffrey R. Smith, Clerk of Court and Comptroller \, Attest: Deputyr k !, Designated Repres` ive: \\/< NamelRichard Meckes Title: Wastewater � water Superint ne dent Utilities Operations 4350 41St St?ee'\ Vero Beach, FL"32967 (772) 226-3400 \ Facsimile: (772) 226=319 (SEAL) CONTRACTOR: By: Attest (Contractor) (CORPORATE SEAL) Address for giving notices: LicenseNo. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 145 BCC AGENDA February 12, 2019 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 6, 2019 SUBJECT: Dodger Golf Course Pedestrian/Jogging Trail FROM: Commissioner Bob Solari At the last COVB council meeting the City Council accepted the County's offer to purchase the Dodgertown Golf Course property. Councilmember Young appropriately talked about trust and good faith when explaining his vote to sell the property and to work with the County. I believe that it is in the best interests of all in the County for the BCC to build on the words of Councilmember Young and make a move that demonstrates our good faith. I believe that a good first step would be to authorize staff to immediately begin the general conceptual design of the new Dodgertown Park while specifically beginning the process to design and build the pedestrian/jogging trail that is called for in our contract with the City. Thank you 146 BCC AGENDA February 12, 2019 ITEM 14.A.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 6, 2019 SUBJECT: Blue Cypress Lake and Biosolids FROM: Commissioner Bob Solari The FDEP Biosolids TAC has met and FDEP has come up with a number of items that they will address, which should to some degree reduce the damage done to Florida waters by Class B biosolids. It was clear that FDEP views biosolids as a statewide issue that needs to be addressed, but after attending three of the four TAC sessions, it did not seem to me that there was any sense of urgency. While they looked at the problem generally, the TAC committee spent very little time discussing the problem at Blue Cypress Lake and rarely asked the type of follow-up questions that would be expected if this was considered a matter of real concern. One take away that I had was. that the majority of TAC members seemed basically content with the status quo. They might support small changes at the margin but did not at all consider the biosolids issue as one of significance for water quality in Florida. I believe the view of this Board and the vast majority of the people of the State of Florida is much different than that of the Biosolids TAC members. We view what is happening at Blue Cypress Lake as a water quality issue of great concern. Small changes at the margin will not in a meaningful way address the issue. Given that damage that is being done to the headwaters 147 of the St. John's River, the problem is grave and urgently needs immediate attention. Reason coupled with the history of water in Florida and the present condition of the waters of the State would suggest an immediate ban of the dumping of Class B biosolids anywhere near any important water body. Reason coupled with what we know is being done adjacent to the Blue Cypress Lake would have me suggest that we immediately permanently ban the dumping of Class B biosolids anywhere in Indian River County. But, just as politics often trumps reason, state law often trumps a county from doing what is clearly the right thing for its community. I will note that FDEP did announce at the second Biosolids TAC session that FDEP was starting to develop a Basin Management Action Plan (BMAP) for the upper basin of the St. John's River -- the area including the Blue Cypress Lake. On being questioned as to the timing of the BMAP's development, FDEP said that it would be two years before the BMAP was complete. Given the importance of the Blue Cypress Lake to Indian River County and to all Florida communities along the northern path of the St. John's River, I suggest that we at a minimum: 1. Direct staff to play an active part in the formation of the BMAP for the upper basin of the St. John's River. 2. During the development of the BMAP, direct staff to work with FDEP to have those responsible for the pollution be responsible for the remediation of the pollution. 3. Direct staff to strongly recommend to FDEP and SJRWD that all testing currently being done continue at least through the BMAP process. 4. At the Biosolids TAC, some members of the TAC expressed the view that it was not clear that the dumping of biosolids a mile from the Blue Cypress Lake was having any negative impact on the water quality of the Blue Cypress Lake. Given this I suggest that we ask staff, working with our consultant and FDEP and the SJRWD, to develop a testing protocol for FDEP to implement which will clearly address the issue of the source of any nutrients entering the Blue Cypress Lake. 148 At a minimum this protocol should require water quality monitoring of all known sources of possible pollution such, as the County's package plant and all sites where there the dumping of biosolids is permitted. 5. Presently it is estimated that the County's package plant might be responsible for up to 34 pounds of phosphorus that could possibly end up in the Lake. I would like us to ask staff to make recommendations to the BCC as to how we might further reduce the amount of nutrients which the package plant might possibly be responsible for sending to the Lake. Just as we are doing with the Indian River Lagoon, I believe the County must aggressively address any nutrients that are impairing the water quality of the Blue Cypress Lake. But, given the size and scope of what we are dealing with at the Indian River Lagoon, two things are clear: first, given what we know about the water quality problems in Indian River County and the State of Florida, and given what we now know about the problems with Class B biosolids, we cannot sit back and hope that somebody else or some other agency will address the problem; and second, given what we now know about how devastating nutrients can be to the quality of water, and how expensive it is to remediate a water quality problem once the problem is established, we must do all we can to make sure that the person or entity, be it a landowner, hauler, out-of-town wastewater treatment facility or government agency, which is responsible for causing the water quality problem is responsible for paying the costs of remediation for the problem. Thank you. 149 TO: Board of County Commissioners Jason Brown, Dori Roy FROM: Clean Water Coalition of Indian River County Judy Orcutt, Vice President DATE: Feb. 11, 2019 RE: For the record: Item 14A2: BCC Agenda 2/12/19 - Biosolids First of all, we would like to thank Commissioner Solari, the staff and the Commission for their leadership on this important issue. The Clean Water Coalition (CWC) has determined that the safe handling and deposition of Biosolids is one of 5 primary issues for the waters of IRC. In fact, 4 out 5 out of our priority issues are related to human waste. The CWC has supported Representative Grall's HB 405 including pilot projects for alternative technologies for the safe handling of biosolids and nutrient recovery. The Bill as written does nothing to protect the Indian River Lagoon. It is our hope that just as the protections to the south covered the Lake Okeechobee, St. Lucie River and Caloosahatchee watersheds, this bill should protect the St John's and Indian River Lagoon. There is one and possibly two FDEP licensed application sites in IRC within the IRL watershed. The Brevard Indian River Lagoon Coalition is also supporting this change. We concur with Commissioner Solari's proposal that water quality testing continue at Blue Cypress Lake. We would like to add that surface and ground water testing be initiated for all FDEP licensed biosolids sites by an independent science entity approved by the county. We may discover legacy loading that the responsible party can remediate. Please see the BCL drainage map below with FDEP biosolids app sites marked. The CWC recognizes that Class AA fertilizer is a pelletized biosolid with the same nutrient and toxin composition that is creating our water quality problem. It is urgent that Class AA be labeled correctly as a biosolid and handled appropriately. After watching Drew Bartlett's presentation to the Ag and Natural Resources Subcommittee on Feb 7th, the CWC concurs with Mr. Solari that the State has no sense of urgency regarding this issue. This is unacceptable! He states that rule changes will take a minimum of 2 years. A permanent moratorium is warranted by this lack of immediate attention to this human and environmental health problem. The meeting may be viewed at the link below beginning at 1:00: https://www.myfloridahouse.gov/VideoPlayer.aspx?eventlD=2443575804 2019021072 Thank you once again for taking the lead on this important issue. /y9-/ pellitized biosolid which also creates water quality problems, should be labeled as a biosolid and handled appropriately, concurs that State has no sense of urgency regarding this issue. Permanent moratorium warranted by lack of immediate attention, and referenced a New York Times Article of November 3, 2018, about water contamination in several areas of the country. Dangerous biosolids Dan Lamson, Executive Director, Indian River Neighborhood Association, thanked Board for taking action on this biosolids issue...read a statement of support from the IRNA for County taking a strong stance on the biosolids issue...and convince State that biosolids are poluting...expressed that the IRC can show that biosolids are more damaging thn FDEP thinks they are...encouraged Board hoped bod's actions could effect statewide change...commended the Board for taking such a proactive stance and was encouraged that the State could be oconvinced Richard Baker, President of the Pelican Island Audubon Society, CWC Board member, and member of the St. John's River Upper Basin Advisory Committee, extended his thanks to the Board for their leadership on this issue, and mentioned that the largest population of osprey in the world reside at the site. A couple of ranches where water is coming into the lagoon, r /y9 The Indian River Neighborhood Association would again like to thank this board for taking the issue of Biosolid Application so seriously. Your quick and continued actions have helped to restore and preserve Blue Cypress Lake. You have our gratitude. It is very good to see you going further. Commission Solari presents some great ideas in his memo. It is a shame there is a disconnect between the State Regulatory agency and our county government, and that the FDEP, especially the Biosolids TAC, does not seem to be offering many solutions to our problems. This means that the County needs to step up and do more. The memo presented several ideas on addressing the biosolid issue in ways that will help move the science and hopefully the state's thinking forward. Since the FDEP's TAC seems to think the status quo is good enough, we need to change their thinking. IRNA is a proud member of the Clean Water Coalition. We agree with their suggestion on water testing, and would you to mandate surface and ground water testing for all FDEP licensed biosolids sites by- an independent science entity approved by the county. These actions may uncover legacy loading that the responsible party can remediate. We need to find ways that will convince the State Government that Biosolids are as polluting as this board knows them to be. You've all seen the effects of Biosolids first hand. This board had several very in-depth presentations on the linkage between biosolid applications and the Blue Cypress Lake algae blooms. The IRNA encourages all of our commissioners to think about potential solutions to this problem. To find ways to move the state to take a more proactive role. Hopefully, the actions of this board today and in the future could help move the needle statewide, impacting not only our waters but all the waters of the entire state. Thank you. /' 3 Ate it -'�� A5' cot eali o� b` � 4 New York Times article dated November 3rd, 2018 titled "Rural America's Own Private Flint: Polluted Water Too Dangerous to Drink ARMENIA, Wis. — The groundwater that once ran cool and clean from taps in this Midwestern farming town is now laced with contaminants and fear. People refuse to drink it. They won't brush their teeth with it. They dread taking showers. Rural communities call it their own, private Flint — a diffuse, creeping water crisis tied to industrial farms and slack regulations that for years has tainted thousands of residential wells across the Midwest and beyond. The contamination of the water in this article is itrates. The EPA states that only loppm is a human health risk. The article states "When they keep cutting enforcement and people, there's nobody to keep track of what's happening." Now granted this is farm animal poop, but 're ; fl (ay' pretty certain the aquafer does not care whose /V9-/ poop it is. Poop is poop, and once an aquafer is polluted, you can not fix it. Shouldn't the larger issue with biosolids be about human health and safety? Toxic algae in our surface waters, like what Dr. Wider and the Florida DEP both reported to you at a previous Commission meeting regarding Blue Cypress Lake, and the potential polluting of our precious aquafer, seems to be a more compelling case that IRC could use to keep dangerous biosolids out of our County it The Farm Act -stales clearly states that deposition of biosolids can not be a nuisance, which is further defined as being "harmful to human or animal life". Thank you again for taking the lead on this important issue that affects all of us in our community. N #-5 TO: Board of County Commissioners Jason Brown, Dori Roy 49e/--J—P' FROM: Clean Water Coalition of Indian River County Judy Orcutt, Vice President DATE: Feb. 11, 2019 RE: For the record: Item 14A2: BCC Agenda 2/12/19 - Biosolids First of all, we would like to thank Commissioner Solari, the staff and the Commission for their leadership on this important issue. The Clean Water Coalition (CWC) has determined that the safe handling and deposition of Biosolids is one of 5 primary issues for the waters of IRC. In fact, 4 out 5 out of our priority issues are related to human waste. The CWC has Supported Representative Grail's HB 405 including pilot projects for alternative technologies for the safe handling of biosolids and nutrient recovery. The Bill as written does nothing to protect the Indian River Lagoon. It is our hope that just as the protections to the south covered the Lake Okeechobee, St. Lucie River and Caloosahatchee watersheds, this bill should protect the St John's and Indian River Lagoon. There is one and possibly two FDEP licensed application sites in IRC within the IRL watershed. The Brevard Indian River Lagoon Coalition is also supporting this change. We concur with Commissioner Solari's proposal that water quality testing continue at Blue Cypress Lake. We would like to add that surface and ground water testing be initiated for all FDEP licensed biosolids sites by an independent science entity approved by the county. We may discover legacy loading that the responsible party can remediate. Please see the BCL drainage map below with FDEP biosolids app sites marked. The CWC recognizes that Class AA fertilizer is a pelletized biosolid with the same nutrient and toxin composition that is creating our water quality problem. It is urgent that Class AA be labeled correctly as a biosolid and handled appropriately. After watching Drew Bartlett's presentation to the Ag and Natural Resources Subcommittee on Feb 7th, the CWC concurs with Mr. Solari that the State has no sense of urgency regarding this issue. This is unacceptable! He states that rule changes will take a minimum of 2 years. A permanent moratorium is warranted by this lack of immediate attention to this human and environmental health problem. The meeting may be viewed at the link below beginning at 1:00: https://www.myfloridahouse.gov/VideoPlayer.aspx?eventlD=2443575804 2019021072 Thank you once again for taking the lead on this important issue. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM /60 Date: To: February 1, 2019 Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Change Order No. 2 to Thalle for Owner Direct Purchase of Materials for the Landfill Construction Project (Bid #2018025) DESCRIPTIONS AND CONDITIONS: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North Carolina, for the construction of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. The total contract price of the award was $16,034,260.00 and included an Owner Direct Purchase (ODP) provision allowing SWDD to directly purchase materials in order to save taxes. ANALYSIS: On January 22, 2019, Thalle and our engineer, CDM Smith, submitted a deductive change order in the amount of $2,659,127.14 whereby SWDD has realized a net tax savings of $142,570.31 by purchasing materials directly in accordance with contract documents. Upon Board approval, the adjusted contract price is $13,375,132.86. FUNDING: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements, and the expansion cost comes from assessment and user fees. CDGD, 2018025 oTHALLE CONSTRUCTION COMPANY, Q DESCRIPTION ACCOUNT AMOUNT Construction —Segment 3 Cell 2 Expansion 411-169000-17025 -$ 1,285,174.35 Construction — Segment 2 Closure 411-239006 (Escrow) -$ 1,373,952.79 Grand Total Base Bid Item Nos. 1-7 ($2,659,127.14) RECOMMENDATION: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute the change order No. 2 for a deductive change order in the amount of $2,659,127.14 for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. ATTACHMENT: 1. CDM Smith Letter of Recommendation and Change Order Form @BCL@400EC812.docx 150 Page 1 of 1 cspmith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 January 22, 2019 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject: Indian River County Solid Waste Disposal District. Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Change Order No. 2 - Owner Direct Purchase Dear Mr. Mehta: Transmitted herewith are three copies of the Change Order Number 2 which deducts the cost of the owner direct purchased materials plus the associated tax savings from Contractor's contract. There were nine invoices process through the Owner Direct Purchase program as summarized in the attached Tables. Indian River County has realized a net savings of $142,570.31 in local and state taxes by purchasing the materials directly in accordance with the contract documents. The total deductive change order is $2,659,127.14. Please note that some of the Purchase Orders contain nontaxable freight as outlined in Table 2. We trust the enclosed is sufficient for your review and the Board's approval. If you need any additional information or clarification, please do not hesitate to contact our office. Sincerely, Martin J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PL1 6706-228608.05.06.70.CO No. 2 151 WATER + ENVIRONMENT + TRANSPORTATION + ENERGY+ FACILITIES -±-661111 Smith Mr. Himanshu Mehta, P.E. January 22, 2019 Page 2 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith Reinaldo Gonzalez, Thalle 152 ii24O8 ur.dcax © 2018 CDM Smith 6706-221060 All Rights Reserved Issued for Bid/January 2018 CHANGE ORDER Indian River County Landfill, No. 02 Project: Segment 3 CeII 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion DATE OF ISSUANCE January 22, 2019 EFFECTIVE DATE January 16, 2019 OWNER Indian River County OWNER'S Contract No. IRC Bid No. 2018025 CDM Smith Project No. 6706- 228608 CONTRACTOR Thalle Construction Co., Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description: 105 day extension to the Milestone 1 time Reason for change order: Wet weather conditions. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE Original Contract Price $ $16,034,260.00 CHANGE IN CONTRACT TIME Ori_inal Contract Times Mile tone 1 - November 5, 2018 Substa ial Completion: No change Ready fo final payment: No Change Day: or dates Net changes from previous Change Orders No.1 to No.1 Net change fr. previous Change 6rders No. to No. $ No Change in Contract Price Milestone 1 + 11 • days days Contract Price prior to this Change Order $ $16,034,260.00 Contract Time prior to his hange Order Milestone 1 - February ;, 2019 Substantial Completio . • change Ready for final pay -nt: N. Change Days or dates Net Increase (decrease) in this Change Order $ ($2,659,127.14) Net Increase in is Change Orde 0 days days Contract Price with all approved Change Orders $ $13.375.132.86 Contrac ime with all approved Change 'rders Sub: antial Completion: No Change R' ady for final payment: Change INo Days or dates RECOM By: ENGI ER (A Signa re) Date: /7/, te,/9 APPROVED: ACCEPT By: iorized Signature) OWNER (Authorized Signature) CON EJCDC No. -800 (2007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General CONTRACTORs of America. Conformed - May 2018 Date: Date:11 PIM TOR (Authorized Supplementary Condit s 008083 Indian River County Solid Waste Disposal District Bld / Pay Items Table 1 ODP by IRC PO Contract No. 2018025 Change Order No.2 Dote PO No. Vendor PO Values: 08/07/2018 81223-00 QED 529,620.12 08/22/2018 81313-00 Forterra 556,909.85 08/29/2018 81387-00 AGRU 5572,333.10 09/05/2018 81393-00 65E 51,127,354.53 09/04/2018 81394-00 ISCO (1) 5307.467.81 09/07/2018 81396-00 Amcol Intl. (CETCO) 5184,945,00 09/24/2018 814274)0 RexcIl 5107,874.31 10/01/201882003-00 1C..e. Air Compressor Works _ 544,730.61 10/04/2018 82013-00 ISCO (2) 585,32150 Table 2 00P applied to Pas Item Total PO Amount. 52,516,556.83 Sales Tax Sayings: 5 142,570.31 Total Change Order Amount: 52,659,127.14 Totals 5 2,368,671.83 $ 142,570.31 $ 147,885.00 5 2,659,127.14 STm th. F31t3fnt0. O3.L CM Sa..Inc 3d O3,n anrwA 5 2,516,556.83 154 1 Oft 08(07/2018 GED _ LFG well dewatering assembly 24.g3 5 29,620.12 5 1,82721 $ 31,44733 81223-00 S 29.610.12 08/22/2018 Forterra 24'x38' Elliptical RCP IA.0. $ 14,160.00 5 899.60 5 15,059.60 81313430 5 56,909.65 08/22/2018 Forterra 105 Wet Well 48" 1C..e. $ 6,042.90 $ 362.57 5 6,405.47 81313-00 08/22/2018 Forterra LOS Manhole 60" 1D.c 5 5,924.76 5 355 49 5 6,280.25 81313-00 08/22/2018 Forterra LDS Manhole 60" 10.c 5 7,582.53 5 454 95 5 8,037 46 81313-00 08/22/2018 Forterra 24" RCP 24.62 5 2,451.20 5 147.07 5 2,598.27 81313-00 08/22/2018 Forterra ICS Pump Station 72" 64.a 5 13,021.63 5 781.30 5 13,802.93 81313-00 08/22/2018 Forterra ICS Pumpout Manhole 60" 6A c. 5 7,726.83 5 463.61 $ 8,190.44 81313430 08629/2018 AGRU 60 m,19066 Liner& Welding Rod 18 c $ 161,02080 5 9,661.25 5 6,589.12 $ 177,271.17 81387.00 5 572,333.10 08/29/2018 AGRU 60 mil HDPE Liner 8 Welding Rod 18.3 5 161,020.80 5 9,661.25 5 6,589.13 $ 177,271.18 81387.00 08/29/201£ AGRU 40 mil 1101' Liner 6 Welding Rod 2,0.6.2 5 _ 727,791.50 $ 13.717,49 5 9,321.75 $ 250,830.74 8138700 09/04/2018 GSE Geocompasites (Cell) 18.4 5 107,250.00 $ 6,435.00 $ 8,436.96 $ 122,121.9E 81393-00 $ 1,127,354.53 09/04/2018 GSE Geocomposites(Cell) 18.e $ 51,604.35 5 3,096.26 $ 4,059.52 5 58,760.13 8139300 09/04/2018 GSE Geoeomposites (Cell) 18.g 5 234,630.00 $ 14,127.80 5 18,457.47 5 267,215.27 81393-00 09/04/2018 GSE Geocomposites (Closure) 26.1.3 5 393,317.10 $ 23,599.03 5 30,939.44 5 447,855.57 81393430 09/04/2018 GSE Geocomposites (Closure) 24.1.4 5 258,338.08 $ 15,500.28 S 20,321,61 5 294,159.97 81393-00 09/07/201815(0(1) New Cell Pipe 10.4 5 10,387.40 5 623,24 5 11,010.64 81394-00 _ _ 5 307,46781 09/07/2018 15(0 )1) _ New Cell Pipe 10.0 5 2,811.76 5 168.71 5 2,980.47 8139400 09107/20181500(1) New Cee Pipe 10.a 5 37,497.14 $ 2,24983 5 39,746.97 81394-00 09/07/2018 5(0(1) New Cee Pipe 10.6 $ 1,355.48 $ 83.33 5 1,436,81 81394-00 09107/2018 15(0 (1) Closure Pipe (corrugated Pope) 74.61 $ 36,776.77 5 2,176.61 $ 38,453.38 81394-00 09/07/2018 ISCO (I) Flashboard Risers 26610 5 3255000 $ 1,953.00 $ 34,503.00 8139400 09/07/201E 1503 (1) Closure Alpe 124" corrugated Pipe) 24.63 $ 114,06155 $ 6,893.69 5 120,955.24 813944)0 09107/201815(0(1) Closure Pipe(18"corngated Pipe) 2664 5 16,584.94 5 995.10 $ 17,580.04 81394-00 _ 09/07/201815(0(1) Closure Pipe (15"corrugated Pipe) 26.65 5 20,853.46 $ 1,25111 $ 22,104.67 8139400 09/07/2018 ISCO (I) Closure Pipe (8'solid drainage pipe) 26.66 5 7,891.32 5 473.48 5 8,364.80 81394.00 09/07f20181500(1) Closure Pipe (8" Perforated Pipe) 24.67 5 9,91932 5 595.16 $ 10,514.48 8139400 09/07/2018 3500 (1) Closure Pipe (4' Perforated Pipe) 24.68 $ 4,522.56 $ 247.35 $ 4,369.91 8139400 09/07/2018 35(0 (1) ICS Pump Station 66.0. 5 442.2F 5 26.54 5 46887 81394-00 09107/2018 3500 (1) LCS Pump Station Dual Contained FM 6B a. 5 3,189,00 5 19134 $ 3,38034 81394-00 09/07/2018 3500 )1) ICS Pump Station Plug Valve 68.6 5 1,592.24 5 9553 $ 1,687.77 8139400 09/07/2018 *CO (1) 6614 50R 11 HOPE fM 68 c $ 6,971,16 $ 418.77 5 7,389 45 81394430 09/07/2018 1500 (1) ICS Pump Station 4" PV 68.e 5 961.41 5 57.68 5 1,019.09 81394-00 09/07/2018 Amcol International (CFTC Bentomat Liner 18.6 5 146,365.00 5 883150 5 38,580.00 S 193,776.90 81396-00 5 184,945.00 09/24/2018 React Gear (1), 16.4.1 $ 13,500.00 5 810.00 $ 14,310.00 8142700 $ 107,874 31 09/24/2018 Renef Gear (2) 16.4.2 5 1,200.00 5 72.00 5 1,272.00 8142700 09/24/2018 Revel_ Automatic Transfer Switch _ 164.3 $ 8,43900 5 50634 5 8,94534 8142700_ 09/24/2018 React Gem (3) 1141.4 $ 6,000.00 5 360.00 $ 6,36000 8142700 09/24/2018 Revel Gear(4) 1E.d.S $ 8,87531 $ 53252 5 9,407.83 8142700 _ 09/24/2018 Read Electrical Fixtures 1E.4.6 5 7,50000 5 450,00 5 7,950.00 8142700 09/24/2018 React Electrical Miscellaneous IF 41.7 9 11,000.00 $ 780.00 5 13.780.00 81427430 09/24/2018 Rcxel 20 KW Diesel Tier 4 Genset 6 appurten 16 48 5 49,36000 6 3,011,60 5 52,371.60 81427430 10/01/2018 Air Compressor Works Compressor Package 26.6. 6 80,731.50 $ 4,893.89 5 4,590.00 5 90,21539 82003-00 5 85,321.50 10,,014/2018 *CO (2) Mhc PVC for Leak Detection System 1C a. 5 637.90 5 38.27 $ 676.17 82013-00 5 44,730.61 10/04/2078 1503(2) WM Extension and Hydrant • Misc 54,a $ 14,854.00 5 941.24 5 15,795 24 82013-00 10/04/2018 15(0 (2) WM Extension and Hydrant • Ma 54.6 5 1,830,00 5 10980 5 1,939.80 8201300 10/04/2018 1500 (2) WM Extension and Hydrant • Mnc 54.0 5 2,248.00 $ 13488 5 2,382.88 82013-00 10/04/2018 15(0 (2) WM Extension and Hydrant • Mrsc 54.4 $ 3,390.00 $ 203.40 5 3 593.40 82013-00 10/04/2018 1500 (2) WM Erension and Hydrant • Moe 54.e 5 1,961,71 5 117.70 5 2,079.41 82013-00 10/04/2018 15(0 (2) WM Extension and Hydrant • Mrsc 54.g 5 8,676.00 5 520.56 5 9,196.56 8201300 10/04/2018 ISCO (2) _ leachate Collection Sys, Pump Station 644 5 11,133.00 5 667.9E $ 11 800.98 87013-00 Totals 5 2,368,671.83 $ 142,570.31 $ 147,885.00 5 2,659,127.14 STm th. F31t3fnt0. O3.L CM Sa..Inc 3d O3,n anrwA 5 2,516,556.83 154 1 Oft Indian River County Solid Waste Disposal District Bid / Pay Items Contract No. 2018025 Change Order No. 2 nes that have Owner Direct Purchase are in blue. Item Unit Estimated Quantity Unit Price Original Total Change Order No. 1 Revised Unit Price New Total after CO No. 1 81D ITEMS: 1. SEGMENT 3 CELL 2 EXPANSION 1A. Site Work a. Site Preparation, Clearing, Grubbing LS. 1 a.1 Site Preparation 520,000.00 520,000.00 520,000.00 520,000.00 a.1 Site Clearing 530,000.00 530,000.00 530,000.00 530,000.00 b. Site Grading LS. 1 560,000.00 560,000.00 560,000.00 560,000.00 c. Imported Common Fill-Subgrade C.Y. 44,000 512.00 5528,000.00 $12.00 5528,000.00 d. Interim Cell Stormwater Diversion Berm LF. 335 $125.00 $41,875.00 5125.00 541,875.00 e. 24 -inch by 36 -inch Elliptical RCP Culvert L.F. 200 5140.00 528,000.00 •515,059.60 564.70 512,940.40 f. Fabric Formed Concrete Riprap S.F. 150 510.00 51,500.00 510.00 51,500.00 g. Coquina Shell Access Road and Shoulder S.F. 4,050 52.00 58,100.00 52.00 58,100.00 18. Liner System 50.00 a. 6 -inch Processed Sand Layer C.Y. 11,500 526.00 5299,000.00 $26.00 5299,000.00 b. Geosynthetic Clay Liner S.F. 494,000 50.57 5781,580.00 -5193,776.90 50.1777 $87,803.10 c. Secondary 60 -mit Textured HOPE Geomembrane S.F. 494,000 50.50 5247,000.00 -5177,771.17 50.141,7 569,728 83 d. LDS Geonet S.F. _ 389,000 50.41 5159,490.00 -5122,12196 50.0961 537,368.04 e. LDS Geocomposite Double Sided S.F. 105,000 50.71 574,550.00 -558,760.13 50.1504 515,789.87 1. Primary 60 -mil Textured HDPE Geomembrane S.F. 494,000 5050 5747,000.00 -5177,271.18 50.1412 569,728.82 g. ICS Geocomposite Double Sided S.F. 494,000 50.67 5330,980.00 -5267,215.27 50.1291 $63,764.73 h. 24 -inch Protective Sand Cover C.Y. 49,000 $45.00 52,205,000.00 545.00 52,205,000.00 i. Tie-in to Existing CeII (inclusive of all layers) LS. 1 525,000.00 525,000.00 525,000.00 525,000.00 j. Metal Information Signs Ea. 10 5500.00 55,000.00 5500.00 55,000.00 k. Electrical Leak Location Survey LS. 1 531,000.00 531,000.00 $31,000.00 531,000.00 I. Cleaning and Video Inspection of the Leachate Collection and Leachate Detection Systems L5. 1 55,100.00 $5,100.00 55,100.00 55,100.00 m. Site Restoration Including Sod LS. 1 545,000.00 545,000.00 545,000.00 545,000.00 n. Miscellaneous L.S. 1 50.00 50.00 50.00 1C. Leachate Detection System (LDS) Pump Station 50.00 a. LOS Pump Station Pump Package including all components for a complete system (wetwell, hatch and safety grate, turbine meter with totalizer, 1.5 -inch Schedule 80 PVC pipe and fittings, and control panel) Ea. _ 1 5150,000.00 5150,000.00 -57,081.64 5142,918.36 5142,918.36 b. 18 -Feet x 13 -Feet x 10 -Inch Thick Concrete Slab S.F. • 234 . 525.00 55,850.00 525.00 55,850.00 c. Miscellaneous LS. 1 57,000.00 57,000.00 57,000.00 57,000.00 10. Leachate Piping System 50.00 a. leak Detection System including 50R 15.5 HOPE Pipe, Fittings, Geotextile wrap, River Rock, Bootless Pipe _Penetration, Cleanouts LS. 1 5150,000.00 5150,000.00 -553,738.08 596,261.92 596,26192 b. leachate Collection System including 509155 HOPE Pipe and Fittings, Geotextile wrap, River Rock, Bootless Pipe Penetration, Cleanout, Plug Valves L.S. 1 520,000.00 520,000.00 -51,436.81 $18,563.19 518,563.19 c. 5 -Foot Diameter ICS Manhole Ea. 2 570,000.00 540,000.00 -514,317.73 $12.841.14 525,682.27 d. Horizontal Directional Drill 10 -Inch Solid SDR 15.5 HDPE Gravity Pipe LF. 100 5100.00 510,000.00 5100.00 510,000.00 e. Miscellaneous L.S. 1 $0.00 50.00 50.00 1E. Electrical and Instrumentation and Control 50.00 a. Measurement and Control Instrumentation 50.00 a.l. Programming Points Ea. 29 51,500.00 543,500.00 51,500.00 543,500.00 0.2. lnstruments Ea. 16 515,000.00 5240,000.00 515,000.00 5240,000.00 a.3. Tower and Antenna Ea. 1 525,000.00 525,000.00 525,000.00 525,000.00 b. Electrical Demolition Including Removal and Disposal L.S. 1 5600.00 $600.00 5600.00 5600.00 c. Grounding LF. 520 511.00 $5,720.00 511.00 55,720.00 d. Service & Distribution 50.00 4.1. Panelboard 88-1 Ea. 1 515,000.00 515,000.00 -514,310.00 5690.00 5690.00 d.2. Main Circuit Breaker Ea. 1 52,000.00 52,000.00 -51,272.00 5728.00 5728.00 d.3. ATS Ea. _ 1 511,000.00 511,000.00 -58,945.34 52,054.66 52,054.66 d.4.TPA-COMP-A Ea. 1 58,000.00 58,000.00 -56,360.00 51,640.00 51,640.00 d.S. TPA -ICS -A _ Fa. _ _ 1 510,000.00 510,000.00 -59,407.83 $592.17 $592.17 d.6. Panelboard LP -LDS Ea. 1 54,000.00 54,000.00 -54,000.00 $0.00 50.00 d.7. Mounting Rados Ea. 3 510,000.00 530,000.00 -520,101 60 $3,299.47 59,898.40 0.8.20K1AiDiesel Genset Ea. 1 550,000.00 550,000.00 -550,000.00 50.00 50.00 e. Site Power 50.00 e.l. Power Handhole with Grounding 3 -Feet x 3 -Feet x 3 -Feet Ea. 3 52,700.00 58,100.00 52,700.00 58,100.00 cs`Dmith. 031934u11.4Es, 01013 CDA! Smith mc. N R*5t1 ',curved 155 1of3 Bid / Pay Items Change Order No. 2 Lines that have Owner Direct Purchase are in blue Item Unit Estimated quantity Unit Price Original Total Change Order No. 1 Revised Unit Price New Total after CO No. 1 e.2. Control Handhole with Rack 2=Feet x 2 -Feet x 2- Feet Ea. 2 51,800.00 53,600.00 $1,800.00 53,600.00 e.3. Concrete Encased Duct bank LS. 1 563,000.00 563,000.00 563,000.00 563,000.00 e.4. Associated directional drilling, trenching, excavation, backfill, and compaction as required for a complete underground system LS. 1 59,500.00 59,500.00 $9,500.00 59,500.00 f. Site Lighting pole Ea. 3 53,175.00 59,525.00 53,175.00 $9,525.00 g. Branch Circuits and Feeders - All Conduit and Wire Per Schedules on E-3 and E-4 with all necessary fittings, pullboxes, supports, and appurtenances as required for a complete and operable system including material, installation, termination, and testing LS. 1 542,000.00 542,000.00 542,000.00 542,000.00 h. Short Circuit Coordination Study & Arc Flash Labels LS. 1 530,000.00 530,000.00 530,000.00 530,000.00 i. FPL Fee LS. 1 55,000.00 55,000.00 55,000.00 55,000.00 j. Miscellaneous Items L.S. _ 1 50.00 $0.00 50.00 IF. Survey L.5. 1 589,000.00 589,000.00 589,000.00 589,000.00 TOTAL BID ITEM 1 55,760,570 $0 54,558,123 Subtotal item 1 0 2. SEGMENT 2 PARTIAL CLOSURE AND LANDRLL GAS SYSTEM EXPANSION 0 2A. Partial Closure Construction 0 a. Site Work 0 a.1. Site Clearing and Preparation L.S. 1 550,000.00 550,000.00 550,000.00 $50,000.00 a.2. Site Grading L.S. 1 5250,000.00 5250,000.00 $250,000.00 5250,000.00 a.3. Common Fill CY. 30,000 512.00 5360,000.00 512.00 5360,000.00 b. Drainage & Containment 0 b.1 Remove existing 15 -inch and 18 -inch downcomers and replace w/ 24 -inch Corrugated HOPE Pipe LE. 2,500 520.00 550,000.00 -538 453.38 54.62 511,546.62 b.2.244nch RCP LF. 80 5100.00 58,000.00 -52,598.27 567.52 55,401.73 h.3.244nch Corrugated HOPE drainage pipe LF. 2,000 5100.00 5200,000.00 -5120,955.24 539.52 579,044.76 b.4. 18 -inch Corrugated HOPE drainage pipe LF. 1000 580.00 580,000.00 -517,580.04 567.42 567,419.96 b.5. 15 -inch Corrugated HOPE drainage pipe LF. 570 575.00 539,000.00 -522,104.67 532.49 516,895.33 b.6.8 -inch Solid HOPE drainage pipe LF. 400 550.00 520,000.00 -58,364.80 529.09 _ 511,635.20 b.7 8 -inch Perforated HOPE pipe LF. 3000 550.00 5150,000.00 -510,514,48 54650 5139,485.52 b,8.4 -inch Perforated HDPE Underdrain LE. 3,000 525.00 575,000.00 -54,369.91 52354 570,630.09 b.9. Fabric Formed Concrete Riprap S.F. 11,500 510.00 5115,000.00 510.00 5115,000.00 b.10. Flash Board Risers Ea. 42 52,000.00 584,000.00 -534,503.00 51,278,50 549,497.00 c. New Asphalt Access Road S.Y. 3,800 $80.00 5304,000.00 $80.00 5304,000.00 d. Resurface Existing Asphalt Access Road S.Y. 2,950 510.00 529,500.00 510.00 529,500.00 e. LFG Collection Piping and Installation 0 e.1.12 -inch SDR 17 HDPE Solid Pipe and Fittings LF. 1,600 550.00 580,000.00 550.00 580,000.00 e.2.10 -inch SDR 17 HOPE Solid Pipe and Fittings LF. 1,350 545.00 560,750.00 545.00 560,750.00 e.3.8 -inch 50R 17 HDPE Solid Pipe and Fittings LF. 800 540.00 532,000.00 540.00 532,000.00 e.4. 6 -inch S0R 17 HDPE Solid Pipe and Fittings LF. 4,000 530.00 5120,000.00 530.00 5120,000.00 e.5 4 -inch SDR 17 HOPE Solid Pipe and Fittings LF. 500 526.00 513,000.00 526.00 513,000.00 e.6. Vertical Extraction Well V.F. 2,900 5200.00 5580,000.00 5200.00 5580,000.00 e.7. Horizontal Extraction Well Ea. 4 514,800.00 559,200.00 514,800.00 559,200.00 e.8. Well Head Ea. 39 5950.00 537,050.00 $950.00 537,050.00 e.9. Miscellaneous Valves & Fittings LS. 1 550,000.00 550,000.00 550,000.00 550,000.00 e.10. Access Riser Ea. 38 51,000.00 538,000.00 51,000.00 $38,000.00 e.11. Zone Valve Ea. 18 53,600.00 564,800.00 53,600.00 $64,800.00 e.12. Summit Vent Ea. 4 512,000.00 548,000.00 512,000.00 548,000.00 f. Liner System - f.1.6 -inch Cap Foundation Layer C.Y. 23,200 526.00 5603,200.00 526.00 5603,200.00 1.2.40 -mil Linear Low-Densip Polyethylene Geomelnbrane S.F. 1,017,000 50.40 5406,800.00 -5250,830.74 501534 5155,969.26 f.3. Geocomposite Drainage Layer S.F. 1,017,000 50.55 5559,350.00 -5447,855.57 50.1096 5111,494 43 f.4. Geocomposite Gas Venting Layer _ S.F. 1,017,000 50.40 5406,800.00 -5294,159.97 50.1108 5117,640.03 1.5.18 -inch Protective Soil Layer C.Y. 69,500 526.00 51,807,000.00 526.00 51,807,000.00 1.6. 6 -inch Top Soil Cover CY. 23,200 512.00 5278,400.00 512.00 5278,400.00 1.7. Bahia Sod S.F. 1,017,000 50.22 5223,740.00 $0.22 $223,740.00 f.8. Metal Information Signs Ea. 4 5500.00 52,000.00 5500.00 52,000.00 g. Compressed Air and Forcemain Piping, Fittings, Valves, and Ancillary Components 0 g.l. 2 -inch DR 11 HDPE Compressed Air & Forcemain Pipe (same trench) LE. 15,200 54.00 560,800.00 54.00 560,800.00 Smith. 1219) Act I.4,, 02011 COM Smith Inc. 11ehe1 Merved 156 2 of 3 Bid / Pay Items Change Order No. 2 Lines that have Owner Direct Purchase are in blue. Item Unit Estimated quantity Unit Price Original Total Change Order No. 1 Revised Unit Price New Total after CO No. 1 g.2. 2 -inch Compressed Air & Forcemain Valves Ea. 26 5950.00 524,700.00 5950.00 524,700.00 g.3 Well Dewatering Pump Assembly Ea. 6 58,250.00 549,500.00 -531,447.33 53.008.78 518,052.67 h. Turn -Key Air Compressor System Including All Equipment and Electrical Components and Connections and Prefabricated Metal Panel Enclosure (17 feet x 13 feet) with all appurtenances LS 1 5200,000.00 5200,000.00 -590,21539 5109,784.61 5109,784.6I i. Concrete Gravity Wall for Existing Pump Station LF. 70 5350.00 524,500.00 5350.00 524,500.00 j. Site Restoration L.S. 1 510,000.00 510,000.00 510,000.00 510,000.00 k. Miscellaneous LS. 1 50.00 50.00 50.00 28. Survey LS. 1 589,000.00 589,000.00 _ 589,000.00 589,000.00 TOTAL BID ITEM 2 57,743,090.00 $0.00 56,369,137.21 Subotal 0 3. PUBLIC CONSTRUCTION BOND AND INSURANCE (TOTAL) LS. 1 5114,800.00 $0.00 5114,800.00 0 4. MOBILIZATION AND DEMOBIUZAT1ON (TOTAL) LS. 1 5543,000.00 50.00 5543,000.00 0 5. WATER MAIN EXTENSION AND HYDRANT 0 5A. Water Main Extension and Hydrant 0 a. 8 -inch C900 PVC Water Main 1.F. 1,750 550.00 587,500.00 -515,795.24 540.97 571,704.76 b. Directional Drill 8 -inch C900 PVC Water Main LF. 100 575.00 57,500.00 -51,939.80 $55.60 55,560.70 c. 8 -inch Tapping Saddle & Gate Valve Ea. 1 _ 56,000.00 56,000.00 -57,382.88 53,617.17. 53,617.12 d. Hydrant and Ancillary Components Ea. 1 _ 510,000.00 510,000.00 -53,593.40 56,406.60 56.406.60 e. )-inch Sch 80 Pipe, Hose Bibb, Meter and Backflow preventer to LCS Pump Station Ea. 1 510,000.00 510,000.00 -52,079.41 57,970.59 57,970.59 f. Flushing, Disinfection, and Testing LS. 1 55,000.00 55,000.00 55,000.00 55,000.00 g. Miscellaneous L.S. 1 510,000.00 510,000.00 -59,196.56 5803.44 5803,44 513. Survey L5. 1 53,500.00 53,500.00 53,500.00 53,500.00 TOTAL BID ITEM 5 5139,500.00 50.00 5104,512.71 0 6. LEACHATE COLLECTION SYSTEM (LCS) PUMP STATION AND FORCEMAINS 0 6A. Leachate Collection System Pump Station 0 a. Duplex LCS Pump Station Pump Package including all components for a complete system (precast wetwell, hatch and safety grate, turbine meter with totalizer, control panel, valves, ARV, pressure gauge, HDPE pipe and fittings, ductile iron pipe and fittings, pipe supports, miscellaneous appurtenances, and dewatering) LS 1 5150,000.00 5150,000.00 -526,072.73 5123,927.27 5123,927.27 b. 10 -inch Concrete Slab and Driveway S.F. 1,400 515.00 521,000.00 515.00 521,000.00 c. 5 -Foot Diameter Pump Out Manhole Ea. 1 520,000.00 520,000.00 -58,190.44 511,80956 511,809.56 6B. Leachate Forcemain 0 a. 2 -Inch Dual Contained (in 4 -inch) HOPE Forcemain LF. 292 545.00 513,140.00 -53,380.34 533.42 59,759.66 b. 2 -Inch Plug Valve Ea. 2 52,000.00 54,000.00 -51,687.77 51,156.12 52,312.23 c. 4 -inch Solid SDR 11 HOPE Forcemain LF, 1,700 530.00 551,000.00 -57,389.45 525.65 543,610.55 d. Directional Drill 4 -Inch Solid DR 11 HDPE Forcemain L.F. 100 5100.00 510,000.00 5100.00 510,000.00 e. 4 -Inch Plug Valve Ea. 2 51,500.00 53,000.00 -51,019.09 5990.46 51,980.91 6C. Survey L.S. 1 53,500.00 53,500.00 53,500.00 53,500.00 TOTAL BID ITEM 6 5275,640 5227,900 7. CONTINGENCY ALLOWANCE (10%) L.S. 1 51,457,660.00 51,457,660.00 Total Change Order No. 2 -52,659,127.14 GRAND TOTAL 81D (Items 1-6) 514,576,600.00 $11,917,472.86 GRAND TOTAL 81D (Items 1-6 and 7) 516,034,260.00 New Grand Total After Change Order No. 2 513,375,132.86 Smith. V193.Att l.Nn 02018ms swthIx M Rohn Reserved 157 3 of 3