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03/05/2019
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MARCH 5, 2019 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Chris Kollmann, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Indian River County Celebrating Children's Week Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Month of March 2019 as March for Meals Month Attachments: Proclamation 5.C. Presentation of Proclamation Designating the Month of March, 2019, As Red Cross Month Attachments: Proclamation 6. APPROVAL OF MINUTES March 5, 2019 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. PGA Village Property Owners Association, Inc Letter to Governor DeSantis Regarding Biosolids Attachments: Commissioner's memorandum Letter to Governor from PGA Village 7.B. Modification to Purchasing Manual Paragraph 1.3.P Regarding Projects Involving Federal Funding Attachments: Staff Report 7.C. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.D. Update On All Aboard Florida Expenses Attachments: Staff Report All Aboard FL Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments February 8, 2019 to February 14, 2019 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments February 15, 2019 to February 21, 2019 Attachments: Finance Department Staff Report 8.C. Award of Bid 2019021 - Annual Bid for Concrete Cutting, Removal and Replacement Attachments: Staff Report - 8.D. DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village PODs M, N, 0, & P [PD -17-09-06 / 2004010124-82753] Attachments: Staff Report Application Location Map Final Plat Layout Contract for Construction of Required Improvements Letter of Credit March 5, 2019 Page 2 of 7 8.E. Work Order No. 2 to CivilSury Design Group, Inc., 101st Avenue Widening (87th Street to CR 512), IRC -1902 Attachments: Staff Report Work Order No. 2 Scope of Services (Exhibit A) 8.F. Request for Authorization for the Board Chairman to Sign a Department of Economic Opportunity/Indian River County Housing Rehabilitation Community Development Block Grant (CDBG) Agreement Attachments: Staff Report DOE Agreement Resolution to Execute CDBG Contract Budget Office Grant Form 8.G. 26th Street Properties, LLC's Request for Release of Easements on Certain Lots on Bella Rosa Lane at 5995 26th Street (Bella Rosa Subdivision) Attachments: Staff Report Maps Depicting Easements Proposed Resolution Releasing Easements 8.H. Consideration of Consultant Contract for Community Development Block Grant (CDBG) Housing Rehabilitation Administration Services Attachments: Staff Report CDBG Grant Adminsitration Agreement 8.I. Work Order No. 1, Atkins North America, Inc. - 6th Avenue Resurfacing US -1 to 21st Street (IRC -1638) Attachments: Staff Report Work Order No. 1 Exhibit A Exhibit B Exhibit C 8.J. Work Order No. 2018006-5, Aptim Environmental & Infrastructure, Inc., Sector 3 Beach and Dune Renourishment - Construction Easements Attachments: Staff Report APTIM WO No. 2018006-5 8.K. Work Order No. 2018029-3 APTIM Environmental & Infrastructure, Inc. Sector 5 Beach and Dune Restoration Project - Construction Easements Attachments: Staff Report APTIM WO No. 2018029-3 March 5, 2019 Page 3 of 7 8.L. Approval of Work Order No. AA -LEAPS -1 With Andersen Andre Consulting Engineers, Inc. for Geotechnical Engineering Evaluation Services for the North Relief Canal Stormwater Treatment Facility Attachments: Staff Report WO No. AA -Leaps -1 8.M. Annual HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Programs Attachments: Staff Report HUD Letter Award of $902,148 FLO113L4H091806-FY18 Grant Agreement FLO114L4H091811-FY18 Grant Agreement FLO116L4H091811-FY18 Grant Agreement FLO119L4H091811-FY18 Grant Agreement FL0338L4H091805-FY18 Grant Agreement FL0360L4H091809-FY18 Grant Agreement FL0380L4H091804-FY18 Grant Agreement FL0440L4H091807-FY18 Grant Agreement 8.N. Change Order No. 1, IRC Jail Complex Roofing Replacement, Recover and Repair Project (IRC -1735) Attachments: Staff Report Change Order No. 1 8.0. Information Technology Use Policy Update Attachments: Staff Report 903.1 (draft) Information Technology Use Policy 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Request for the Board of County Commissioners to Consider an Ordinance Modifying Section 1000.13 of Title X Impact Fee Ordinance Regulations (Legislative) Attachments: Staff Report Portion of June 13, 2017 BCC Minutes Portion of Nov 20, 2018 BCC Minutes Proposed Ordinance March 5, 2019 Page 4 of 7 10.A.2. 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) (Legislative and Quasi -Judicial - Treat as Quasi -Judicial) Attachments: Staff Report Summary Pages LUDA and Rezoning Applications Table of Uses - Commercial Districts Table of Uses - Multiple Family Res. Comprehensive Plan Amendment Procedures Standards of Review Approved 10-11-18 PZC Meeting Minutes Approved 11-20-18 BCC Meeting Minutes LUDA Ordinance Rezoning Ordinance DEO Review Letter B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Spencer Simmons and Tim Campbell regarding Zoning District Use Violation Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. City of Sebastian Fire Marshal Attachments: Staff Report Fellsmere Draft Interlocal Agreement 12. DEPARTMENTAL MATTERS A. Community Development March 5, 2019 Page 5 of 7 B. Emergency Services C. General Services 12.C.1. Sebastian Harbor Preserve Update & Approval of Work Order #2 to Carter Associates, Inc. for Site Planning, Design & Engineering Attachments: Staff Report Carter Associates WO 2 Figure 2: Wetland Boardwalk Plan 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Deferred Capital/Maintenance Attachments: Staff Report History of Deferred Capital/Maintenance Expenditures Outstanding Deferred Capital/Maintenance F. Public Works 12.F.1. Developer's Agreement with Grace Baptist Church - Drainage for 43rd Avenue Attachments: Staff Report Developer's Agreement G. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan 14.D.1. John's Island Water District Re -use Line Action Attachments: Commissioner's Memorandum Staff Report Item 12.G.1 from 12/11/18 E. Commissioner Tim Zorc March 5, 2019 Page 6 of 7 14.E.1. Request to Use Commission Chambers to Host Community Awareness Forum on Human Trafficking Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 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. March 5, 2019 Page 7 of 7 S4 PROCLAMATION Indian River County Celebrating Children's Week WHEREAS, the 24th Annual Children's Week celebrating Parents and Children will take place in Tallahassee from March 24 to March 29, 2019, bringing thousands of parents, children, professionals, policy makers, and community leaders together to share valuable knowledge and information about children's issues across the state and in our Capital City; and WHEREAS, the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and families, and to engage a long-term process to develop and implement strategies; and WHEREAS, the Children's Week Committee has teamed up with statewide businesses and non-profit organizations, including the Early Learning Coalition of Indian River, Martin, and Okeechobee Counties and other local organizations to expand the network of community involvement on a wide array of children and family issues at the local level. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that March 24 — 29, 2019, be recognized and hereby declared as "Children's Week" in Indian River County. Adopted this 5th day of March 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 1 PROCLAMATION DESIGNATING THE MONTH OF MARCH, 2019, AS March for Meals Month WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years of age and older; and WHEREAS, Meals on Wheels America established the National March for Meals Campaign in March 2002 to recognize the historic month, the importance of Older Americans Act Nutrition Programs, both congregate and home -delivered, and raise awareness about the escalating problem of senior hunger in America; and WHEREAS, the 2019 observance of the March for Meals campaign provides an opportunity to support Meals on Wheels programs that deliver vital and critical services by donating, volunteering, and raising awareness about senior hunger and isolation; and WHEREAS, Older Americans Act Nutrition Programs, both congregate and home -delivered, in Florida have served our communities admirably for more than 40 years; and WHEREAS, volunteer drivers for Meals on Wheels programs in Florida are the backbone of the program, not only delivering nutritious meals to homebound seniors and individuals with disabilities, but with care, concern, and attention to their welfare; and WHEREAS, Meals on Wheels programs in Florida provide nutritious meals to seniors throughout the State helping them maintain their health and independence, avoiding unnecessary hospitalizations and/or premature institutionalization; and WHEREAS, Meals on Wheels programs in Florida provide a powerful socialization opportunity for millions of seniors to help combat loneliness and isolation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2019, be designated as March for Meals Month in Indian River County, and the Board encourages all citizens to take time this month to honor our Meals on Wheels programs, by the Senior Resource Association, the seniors they serve and the volunteers who care for them. Our recognition of, and involvement in, the national 2019 March for Meals campaign can enrich our entire community and help combat senior hunger and isolation in America. Adopted this 5th day of March, 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 THE MONTH OF MARCH, 2019, AS RED CROSS MONTH WHEREAS, more than 137 years ago, the American Red Cross was established as a humanitarian organization, guided by seven fundamental principles—including humanity, impartiality and independence—to provide services to those in need regardless of race, religion, gender, sexual orientation or citizenship status. Today, the American Red Cross is one of the largest humanitarian organizations in the world, and delivers its mission every day to prevent and alleviate human suffering in the face of emergencies; and WHEREAS, every year, the American Red Cross responds to an average of more than 62,000 disasters across the country, from small home fires to devastating massive disasters. Last year's large crises included mudslides in California, a volcano in Hawaii, wildfires in Colorado and California, destructive hurricanes in Florida and the Carolinas, and a devastating typhoon in U.S. territories. Thousands of American Red Cross volunteers provided around-the-clock shelter for disaster victims, served millions of meals and snacks with partners, and distributed millions of relief items; and WHEREAS, In Indian River County, the Red Cross has a long history of helping our neighbors in need. Florida's Coast to Heartland Chapter assisted with 113 local disasters in the past year alone and helped save lives through our Home Fire Campaign. Since the campaign launched in October 2014, the chapter has worked with community partners to install more than 2,900 smoke alarms making households safer. Meanwhile, in our area, the Red Cross handles an average of 600 emergency calls every year; and WHEREAS, March is Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster. We applaud our heroes here in Indian River County who give of themselves to assist their neighbors when they need a helping hand; and WHEREAS, the American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation's blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families; and WHEREAS, we dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on volunteers and the generosity of the public to perform its mission. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of March, 2019, be designated as Red Cross Month in Indian River County and the Board encourages all citizens to support this organization and its noble humanitarian mission. Adopted this 5th day of March, 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 3 74 BCC AGENDA March 5, 2019 ITEM 7 Informational INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO:. Members of the Board of County Commissioners DATE: February 19, 2019 SUBJECT: PGA Village Property Owners Association, Inc Letter to Governor DeSantis Regarding Biosolids FROM: Commissioner Bob Solari The accompanying letter is provided for your information. It was written to Governor DeSantis from the PGA Village Property Owners Association regarding Sunbreak Farms, LLC and application of biosolids in Florida. Thank you 4 PGA Village Property Owners Association, Inc. 2140 NW Reserve Park Trace Port St. Lucie, FL 34986 February 18, 2019 The Hon. Ron DeSantis Executive Office of the Governor 400 So. Monroe Street Tallahassee, FL 32399 Re: Use and Application of Bio -solids in Florida Dear Governor DeSantis: I am writing to you on behalf of the PGA Village Property Owners Association, Inc., which represents more than 5,000 residents in St. Lucie County, where a large out-of-state landowner is attempting to construct a bio -solids composting facility to process human waste for application on agricultural land within the St. Lucie County Watershed. Our residents and members are appreciative of your remarkably successful efforts to improve the governance of the South Florida Water Management District (SFWMD) which is charged with regulating and ensuring water quality for 8.1 million Floridians, including those who live in PGA Village communities. We also are encouraged by your environmental policies and proposals that recognize serious threats to our waterways. It is our hope that your leadership will result in careful review and ecologically responsible action on an application filed with the SFWMD by Sunbreak Farms, LLC to modify Environmental Resource Permit No. 56-00111-S for a bio -solids composting facility on the applicant's St. Lucie County property which extends into Indian River County as well. Bio -solids composting and land application can produce significant adverse impacts to public resources, residents, and businesses in the vicinity of facilities which process domestic wastewater residuals, also known as "sewage sludge". Even after removal of deadly pathogens and other disease -causing and pathogen -spreading organisms, bio -solids pose a risk to water supplies, food crops, and residents. Nutrient pollution is a major threat to Florida's water quality as it fuels toxic algae blooms and Red Tide,and bio -solids composting is known to add large quantities of nutrients to surrounding waters and groundwater. These nutrients can pollute aquifers and permanently damage precious water supplies. The application submitted by Sunbreak Farms fatally fails to address these critical threats to the environment and to public health and safety. 5 Governor DeSantis February 18, 2019 Page Two The applicant's disregard for mitigating these known threats is demonstrated by proposing to capture admittedly dangerous composting runoff in a reservoir that is unlined and inadequately buffered or bermed, allowing seepage through the buffer. If permitted, the reservoir will fail to protect offsite properties from the effects of waste- and pathogen -laden runoff. The location of the proposed project near the C-25 Canal presents a threat to the fragile and already damaged Indian River Lagoon, since the C-25 outfall flows into the C-24 and the C-23 Canals and eventually into the Lagoon. Recent disclosures of the fouling of water in formerly pristine Blue Cypress Lake raise substantial concerns that must be addressed by regulatory agencies such as SFWMD when reviewing projects that allow composting and land application of bio -solids. The St. Johns Water Management District and the Ocean Research and Conservation Association (ORCA) both concluded that toxic algae in Blue Cypress Lake was tied to application of bio -solids on neighboring lands. Scientists from state and national agencies and organizations have warned of inadequate or non-existent regulation of bio -solids. We understand that regulation of bio -solids is part of your environmental agenda and is of grave concern to many members of the Florida Legislature. We urge thorough and careful vetting of the Sunbreak Farms project as well as other proposals which involve processing and land application of bio -solids. PGA Village Property Owners Association has engaged experts who have prepared reports and delivered presentations on the dangers of unrestricted use of bio -solids, and we would be pleased to provide any assistance you may find helpful in addressing this serious environmental and public safety concern. In this regard, your staff may contact our attorney, Virginia P. Sherlock, of Littman, Sherlock & Reims, P.A., P.O. Box 1197, Stuart, FL 34995, Tel: 772-287-0200, who can transmit any further information you request. Thank you for your interest and your continued diligence in working to protect residents of St. Lucie County and all of Florida from environmental threats such as those posed by under -regulated processing and application of bio -solids. We are hopeful that a reorganized and more responsible South Florida Water Management District will reflect your administration's goals and commitment to public health and safety by denying the Sunbreak Farms bio -solids processing permit. Sincerely, President, PGA Village Property Owners Association, Inc. Cc: The Hon. U.S. Rep. Brian Mast The Hon. State Rep. Delores Hogan Johnson, District 84 6 7J INFORMATIONAL INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: February 20, 2019 BOARD OF COUNTY COMMISSIONERS Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager Modification to Purchasing Manual Paragraph 1.3.P Regarding Projects Involving Federal Funding BACKGROUND: The current Purchasing Manual (Policies and Procedures) includes requirements for projects receiving federal funding. The Florida Department of Economic Opportunity Bureau of Small Cities and Rural Communities reviewed these requirements in relation to our Community Development Block Grant Housing funding and is requiring one change to be made to our listed requirements, as shown below, referring to the Code of Federal Regulations ("C.F.R."). P. Projects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds, the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.317 through 326. Departments are responsible for defining funding sources when requesting a bid number. DISCUSSION: The C.F.R." paragraph to be added by reference is: "§200.317 Procurements by states. When procuring property and services under a Federal award, a state must follow the same policies and procedures it uses for procurements from its non -Federal funds. The state will comply with §200.322 Procurement of recovered materials and ensure that every purchase order or other contract includes any clauses required by section §200.326 Contract provisions. All other non - Federal entities, including subrecipients of a state, will follow §§200.318 General procurement standards through 200.326 Contract provisions." The change was approved by the County Administrator under his authority established in section 105.06, Indian River County Code on February 21, 2019, and will be incorporated into the annual revision to the Manual, anticipated for presentation to the Board in April of 2019. RECOMMENDATION No action is required by the Board. 7 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7e. South County Community Meeting Mar 4 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Firefighters' Fair www.firefightersfair.org Mar 8-17 @ IRC Fairgrounds: • For a full schedule of events & tickets go to www.firefightersfair.org. NCAC CLOSED For Swim Meet Mar 9-10 @ NCAC: • Closed for a Swim Meet 2nd Annual Youth Sports Summit Mar 16 @ iG Center: • 10am -2pm, Collect info. on IRC Youth Sports for the area. Demos, Prizes & More! A History of The 50's & 60's Concert Mar 20 @ N. County Library: • 2-3pm FREE Concert Community Office Hours Event Mar 21 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams AAUW Senior Expo Mar 28 @ iG Center: • 9am -1pm Rimfire Challenge - Shooting Tournament Mar 30 @ Indian River County Shooting Range: • 9:30am-12:30pm - By Rimfire Challenge Shooting Associates STEAM Fest Mar 30 @ iG Center: • 10am-4pm 8 South County Community Meeting Apr 1 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Golden Grads Apr 6 @ IRC Fairgrounds: • 7am-5pm NCAC CLOSED For Swim Meet Apr 13 @ NCAC: • Closed for a Swim Meet Hairpeace - Local Acoustic Duo Concert Apr 17 @ N. County Library: • 2-3pm FREE Concert CCA Coastal Conservation Association State Banquet and Auction Apr 17-18 @ iG Center: • Wed, April 17th: loam - 9pm & Th, April 18th: 8am-5:30pm Community Office Hours Event Apr 18 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams VBHS Prom Apr 27 @ iG Center: • 8-llpm 9 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 26, 2019 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida. Please see the attached documents for expenses incurred as of 2/26/19. ATTACHED: • All Aboard Fl. expenses through 2/26/19 spreadsheet. 10 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million -Budget amendment to be posted Acct#00110214-033110-15023 Legal Services Legal Services Date Vendor 2/21/2019 Murphy & Walker 2/5/2019 Bryan Cave LLP 1/4/2019 Murphy & Walker 12/27/2018 Bryan Cave LLP 12/5/2018 McDermot,Will & Emery LLP 12/3/2018 Bryan Cave LLP Amount Note $13,539.54 Fees for Legal Service -January 2019 $9,938.49 Fees for Legal Service -December 2018 $9,929.00 Fees for Legal Service -December 2018 $26,535.95 Fees for Legal Service -November 2018 $10,000.00 IRC Legislative Advocacy Matters -through 10/31/18 $16,416.20 Fees for Legal Service -October 2018 SubtotalExpenses FY 18/19 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 McDermot,Will & Emery LLP 9/30/2018 Bryan Cave LLP 9/30/2018 Bryan Cave LLP 9/10/2018 Bryan Cave LLP 8/24/2018 McDermot,Will & Emery LLP 8/8/2018 Bryan Cave LLP 7/18/2018 McDermot,Will & Emery LLP 7/17/2018 Bryan Cave LLP 7/2/2018 McDermot,Will & Emery LLP 6/13/2018 Bryan Cave LLP 5/29/2018 McDermot,Will & Emery LLP 5/15/2018 Bryan Cave LLP 5/7/2018 McDermot,Will & Emery LLP 4/9/2018 Bryan Cave LLP 4/9/2018 McDermot,Will & Emery LLP 3/14/2018 Bryan Cave LLP 3/7/2018 McDermot,Will & Emery LLP 2/20/2018 Bryan Cave LLP 2/2/2018 McDermot,Will & Emery LLP 1/17/2018 Bryan Cave LLP 12/19/2017 McDermot,Will & Emery LLP 12/19/2017 McDermot,Will & Emery LLP $86,359.18, $10,565.97 IRC Legislative Advocacy Matters -through 9/30/18 $10,000.00 IRC Legislative Advocacy Matters -through 8/31/18 $72,352.66 Fees for Legal Service -Sept 2018 $60,392.05 Fees for Legal Service -Aug 2018 $109,699.89 Fees for Legal Service -July 2018 $10,000.00 IRC Legislative Advocacy Matters- 5/11-7/30/18 $49,360.27 Fees for Legal Service -June 2018 $10,000.00 IRC Legislative Advocacy Matters- 4/18-4/20/18 $14,257.36 Fees for Legal Services -May 2018 $10,012.00 IRC Legislative Advocacy Matters- 4/6-4/20/18 $30,148.74 Fees for Legal Services -April 2018 $10,000.00 IRC Legislative Advocacy Matters- 2/27-4/5/18 $23,853.70 Fees for Legal Services -March 2018 $10,000.00 IRC Legislative Advocacy Matters- 2/14-27/18 $56,189.09 Fees for Legal Services -Feb 2018 $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb $58,782.89 Fees for Legal Services -Jan 2018 $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan $32,662.90 Fees for Legal Services -Dec 2017 $10,000.00 IRC Legislative Advocacy Matters -Dec $6,358.50 Fees for Legal Services -Nov 2017 $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 McDermot,Will & Emery LLP 9/30/2017 Bryan Cave LLP 9/30/2017 Bryan Cave LLP 9/27/2017 Bryan Cave LLP 8/15/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 6/13/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 1/24/2017 Shubin & Bass PAS 1/17/2017 Bryan Cave LLP 1/17/2017 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Shubin & Bass PAS $10,033.78 Fees for Legal Services -Aug & Sept $10,000.00 IRC Legislative Advocacy Matters $2,995.50 Fees for Legal Services -Sept 2017 $1,119.00 Fees for Legal Services -Aug 2017 $13,195.60 Fees for Legal Services -July 2017 $5,893.00 Fees for Legal Services- June 2017 $20,729.17 Fees for Legal Services -May 2017 private activity bonds $1,551.00 Fees for Legal Services- May 2017 $823.50 Fees for Legal Services -April 2017 $2,608.50 Fees for Legal Services -March 2017 $77.02 Fees for Legal Service -March 2017 private activity bonds $3,385.90 Fees for Legal Services -Feb 2017 $375.00 Fees for Legal Services -Feb 2017 private activity bonds $11,097.20 Fees for Legal Services- Jan 2017 $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds $342.50 Fees for Legal Services- Dec 2016 $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds $4,795.00 Fees for Leg& Services -Nov 2016 $534.50 Fees for Legal Services -Nov 2016 $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds $1,722.50 Fees for Legal Services -Oct 2016 $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $201,663.06 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS $5,060.15 Fees for Legal Services -Sept 2016 $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds $20,358.95 Fees for Legal Services -Aug 2016 $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds $28,277.00 Fees for Legal Services -Sept 2016 $22,949.40 Fees for Legal Services -Aug 2016 11 Date Vendor 9/28/2016 Shubin & Bass PAS 9/14/2016 Bryan Cave LLP 9/14/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 7/27/2016 Shubin & Bass PAS 7/19/2016 Bryan Cave LLP 7/19/2016 Bryan Cave LLP 6/21/2016 Shubin & Bass PAS 6/14/2016 Bryan Cave LLP 6/14/2016 Bryan Cave LLP 5/24/2016 Shubin & Bass PAS 5/3/2016 Shubin & Bass PAS 4/19/2016 Bryan Cave LLP 4/19/2016 Bryan Cave LLP 4/6/2016 Bryan Cave LLP 4/6/2016 Nabors & Giblin 3/30/2016 Shubin & Bass PAS 3/16/2016 Bryan Cave LLP 3/16/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 12/8/2015 Bryan Cave LLP 12/8/2015 Bryan Cave LLP Amount Note 515,581.00 Fees for Legal Services -July 2016 514,149.70 Fees for Legal Services -July 2016 53,457.13 Fees for Legal Services -July 2016- private activity bonds 572,430.59 Fees for Legal Services -June 2016- private activity bonds $1,754.00 Fees for Legal Services -June 2016 $17,550.50 Fees for Legal Services -June 2016 53,561.50 Fees for Legal Services -May 2016 $9,255.65 Fees for Legal Services -May 2016 -private activity bonds $11,591.49 Fees for Legal Services -May 2016 527,804.30 Fees for Legal Services -April 2016 5386.10 Fees for Legal Services -April 2016 -private activity bonds $29,983.35 Fees for Legal Services -April 2016 $21,968.25 Fees for Legal Services -March 2016 $19,845.75 Fees for Legal Services -March 2016 $128,696.58 Fees for Legal Services -March 2016 -private activity bonds $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 5150.00 Fees for Legal Services -August 2015 $7,575.75 Fees for Legal Services -Feb 2016 $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds $22,207.65 Fees for Legal Services -Jan 2016 516,410.09 Fees for Legal Service -Dec 2015 private activity bonds $6,767.90 Fees for Legal Service -Dec 2015 550,663.10 Fees for Legal Service -Nov 2015 private activity bonds 520,948.09 Fees for Legal Services Nov 2015 $27,303.95 Fees for Legal Services Oct 2015 51,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/2/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 6/18/2015 Nabors Giblin & Nickerson PA 5/20/2015 Nabors Giblin & Nickerson PA 05/12/15 Bryan Cave LLP 05/12/15 Bryan Cave LLP 04/20/15 Bryan Cave LLP 3/24/15 Nabors Giblin & Nickerson PA` 2/24/15 Nabors Giblin & Nickerson PA` 12/22/14 Bryan Cave LLP 12/10/14 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds $81,436.99 Fees for Legal Services -Aug 2015 555,354.02 Fees for Legal Services -Aug 2015 private activity bonds $51,636.09 Fees for Legal Services -July 2015 private activity bonds $6,307.05 Fees for Legal Services -July 2015 $50,710.86 Fees for Legal Services -June 2015 private activity bonds 537,687.25 Fees for Legal Services -June 2015 $178,503.50 Fees for Legal Services -May 2015 private activity bonds $37,048.25 Fees for Legal Services -May 2015 5177,071.70 Fees for Legal Services -April 2015 $28,871.78 Fees for Legal Services -April 2015 private activity bonds (5250.00) Martin county paid 1/2 $500.00 Fees for Legal Services $28,877.05 Fees for Legal Services 5145,105.00 Fees for Legal Services 54,107.50 Fees for Legal Services 5617.49 IRC 1/3 Portion of Legal Fees $5,593.56 IRC 1/3 Portion of Legal Fees 533,252.60 Fees for Legal Services 579,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 51,064,319.15 9/30/14 Bryan Cave LLP 9/30/14 Bryan Cave LLP 9/17/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 5638.70 Fees for Legal Services $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 'Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services 11/27/2018 Scripps 11/21/2018 Gail E. Flinn Other Professional Services 592.40 Legal Advertising 5350.00 Transcription Services Subtotal Expenses FY 18/19 $442.40 9/30/2018 Copy Charges 8/30/2018 Florida Dept of Transportation 7/10/2018 Florida Dept of Transportation 532.96 Copies $82.84 Public Records Request -balance $82.84 Public Records Request Subtotal Expenses FY 17/18 5198.64 4/28/2017 Martin County 50% reimbursement 4/18/2017 Triad Railroad Consultants 2/20/2017 Atkins North America,lnc. 1/24/2017 Triad Railroad Consultants 12/1/2016 VB Court Reporters 12/1/2016 Scripps -53,380.35 50% reimbursement $6,760.69 Expert Witness 51,607.00 Drainage Reports & calculations $13,396.11 $300.00 St Johns Admin Hearing $95.70 Legal Advertising Subtotal Expenses FY 16/17 518,779.15 12 Date Vendor 9/30/2016 GK Environmental 9/30/2016 Triad Railroad Consultants 9/30/2016 Atkins North America,lnc. 9/30/2016 Federal Express 8/5/2016 GK Environmental 7/12/2016 Dylan Reingold-travel to Wash DC 6/1/2016 US Legal Support Inc. 5/23/2016 Federal Express 5/11/2016 GK Environmental 4/19/16 GK Environmental 1/26/2016 Federal Express 1/25/2016 VB Court Reporting Amount $5,580.00 $24,758.59 Review AAF 90% & plans $20,782.50 Drainage Reports & calculations $8.18 $2,040.00 $928.37 AAF Hearing $160.80 AAF Hearing Certified Transcriber $6.10 Shipping $6,000.00 Prelim wetland determination $1,875.00 Prelim wetland determination $6.85 Shipping $417.50 IRC vs Rogoff Note Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold 9/16/2015 Federal Express 8/25/2015 Railroad Consultant Group 8/25/2015 Railroad Consultant Group 7/14/2015 Federal Express 7/2/2015 William M Sampson 6/16/2015 Federal Express 6/10/2015 Dylan Reingold-travel to Wash DC 5/12/2015 Treasury of the United States $412.00 Reimburse for case filing $3.92 Shipping $36,053.97 Rail Safety Study $435.00 Rail Safety Study $6.31 Shipping $6,875.00 Rail Crossing Analysis $7.84 Shipping $446.11 Preliminary Hearing $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110111-034020-15023 Travel 12/12/2018 Kate Cotner -US Dist Court Hearing -Washington DC -expense $156.89 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel $174.90 12/4/2018 Kate Cotner -US Dist Court Hearing -Washington DC -Flight $373.60 Subtotal Expenses FY 18/19 $705.391 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner -FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Tim Zorc- FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 5/8/2018 Kate P. Cotner -Capital Hill All Aboard FL Mtg $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner $167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The Liason Capitol Hill Hotel -Dylan Reingold $548.74 Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air 9/30/2017 American Airlines 9/30/2017 Jet Blue 9/30/2017 Jet Blue 9/30/2017 Bob Solari -travel to Washington DC Acct#00110214-034020-15023 9/30/2017 Kate Cotner -travel to Washington DC 9/30/2017 Dylan Reingold-travel to Washington DC 6/28/2017 Kate Cotner -Tag Meeting All Travel $191.80 $193.20 $168.20 $25.00 $869.98 with OMB,Senator & Congressman & FDOT All Travel $768.02 $753.49 $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $3,029.76 4/20/2016 Dylan Reingold 4/6/2016 Aloft Hotel 12/16/2015 Kimberly Graham 12/2/2015 Kate Cotner -FAC Legislative Conference $106.26 Hearing $109.00 MHG Tallahassee AL P -Dylan Reingold $901.76 Fed Railway Assoc. Mtg-Washington DC $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando 8/26/2015 Dylan Reingold 8/26/2015 Kate Cotner $271.36 Orlando -Travel -Fl. Dev. Finance Corp $75.26 ($5.36) Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 13 Date Vendor Acct#11124319-033190 7/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 11/26/14 CDM Smith Inc 11/21/14 CDM Smith Inc Amount Note Other Professional Services $23,454.00 Work Order 10 EIS $6,973.40 Work Order 13 Noise Monitoring $2,122.50 Work Order 10 EIS $5,605.00 Work Order 10 EIS $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.701 9/30/14 CDM Smith Inc 9/30/14 CDM Smith Inc 8/29/14 CDM Smith Inc 8/08/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring $8,077.00 Work Order 10 EIS $4,135.00 Work Order 10 EIS $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 18/19 Total Expenses 17/18 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $87,506.97 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total expenses processed as of 2/26/19 $3,019,227.72 Total Board authorized budget for FY 18/19 Total Board authorized budget for FY 17/18 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 $1,047,700.00 $637,344.22 $223,471.97 $870,867.50 $1,154,211.26 $45,825.80 Total budgeted 13/14-18/19 $3,979,420.75 Remaining Balance $960,193.03 14 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: February 14, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 8, 2019 to February 14, 2019 8q 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 February 8, 2019 to February 14, 2019. 15 TRANS NBR 377911 377912 377913 377914 377915 377916 377917 377918 377919 377920 377921 377922 377923 377924 377925 377926 377927 377928 377929 377930 377931 377932 377933 377934 377935 377936 377937 377938 377939 377940 377941 377942 377943 377944 377945 377946 377947 377948 377949 377950 377951 377952 377953 377954 377955 377956 377957 377958 377959 377960 377961 377962 377963 377964 377965 377966 377967 377968 DATE 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02//42019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/142019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 CHECKS WRITTEN VENDOR CLEMENTS PEST CONTROL PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC PERERS ENTERPRISES INC RICOH USA INC HENRY SCHEIN INC VELDE FORD INC SAFETY PRODUCTS INC STEWART MATERIALS INC GRAINGER KELLY TRACTOR CO VERO MARINE CENTER INC WILD LAND ENTERPRISES INC BOUND TREE MEDICAL LLC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC BARTH CONSTRUCTION INC CITY ELECTRIC SUPPLY BILL BRYANT R. ASSOCIATES INC A.RMFIELD WAGNER APPRAISAL AND RESEARCH DELL MARKETING LP WORLD BOOK INC GOLF SPECIALTIES INC BLAKESLEE SERVICES INC BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC PALM TRUCK CENTERS INC PENWORTHY COMPANY SOFTWARE HARDWARE INTEGRATION GEI GRAPHIC ENTERPRISES INC COMMUNITY ASPHALT CORP SUNSHINE REHABILATION CENTER OF IRC INC PING INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT CITY OF VERO BEACH FERGUSON ENTERPRISES INC EBSCO INDUSTRIES INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS INDIAN RIVER COUNTY UTILITIES ROGER CLEVELAND GOLF INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC FEDERAL EXPRESS CORP CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC SUBSTANCE AWARENESS COUNCIL OF IRC INC SUBSTANCE AWARENESS COUNCIL OF .IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT TAYLOR MADE GOLF CO INC BRE-CLEARWATER OWNER LLC AMOUNT 125.00 520.51 243.20 25.532.97 8,154.72 432.39 134.90 18.392.22 18.16 614.20 618.55 1,076.52 10,286.70 2,869.47 2,270.28 25.51 14.00 2.996.75 1,100.00 4.261.20 1A18.50 238.81 205.00 INC 50.00 17,955.00 2,350.00 2,250.00 760.00 180.75 571.55 1,253.02 692.11 5,844.84 768.94 452.14 1,100.00 1.262.11 324.13 1,145.35 49,965.48 3.048.12 7,018.97 93.10 178.90 34.49 125.91 1,267.75 8.637.57 990.00 13.35 17.95167 224.00 8,735.84 8,977.51 15,017.86 2,333.17 1,520.01 358.00 TRANS NBR 377969 377970 377971 377972 377973 377974 377975 377976 377977 377978 377979 377980 377981 377982 377983 377984 377985 377986 377987 377988 377989 377990 377991 377992 377993 377994 377995 377996 377997 377998 377999 378000 378001 378002 378003 378004 378005 378006 378007 378008 378009 378010 378011 378012 378013 378014 378015 378016 378017 378018 378019 378020 378021 378022 378023 378024 378025 378026 378027 378028 DATE 02/14/2019 02/14/2019 02/14(2019 02/14/2019 02/14/2019 02/1412019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 VENDOR AMOUNT GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,745.67 KENNETH CAMPBELL SENIOR 110.00 STRUNK FUNERAL HOMES & CREMATORY 425.00 JASON E BROWN 110.00 SHERILEE D PARSELL 265.50 UNITED STATES GOLF ASSOCIATION INC 150.00 BUILDING OFFICIALS ASSOC OF FLORIDA 894.00 FLORIDA STATE GOLF ASSOCIATION 177.00 CHANNING BETE CO INC 605.00 GREY HOUSE PUBLISHING 4,075.75 INTERNATIONAL ASSOCIATION OF 140.00 NATIONAL ASSOCIATION OF COUNTIES 2,505.00 ALAN C KA UFFMANN 320.00 ARNOLD AIR CONDITONING INC 139.00 GOVERNORS HURRICANE CONFERENCE 570.00 BANK OF NEW YORK 1,912.50 DEPARTMENT OF HEALTH AND HUMAN SERVICES 180.00 PELICAN ISLAND AUDUBON SOCIETY INC 500.00 RUSSELL PAYNE INC 832.88 AM VAN LLC 995.94 CELICO PARTNERSHIP 111.42 CINTAS CORPORATION NO 2 77.25 BIG BROTHERS AND BIG SISTERS 1,250.00 BIG BROTHERS AND BIG SISTERS 6,427.18 OTC DIRECT INC 116.84 OTC DIRECT INC 20.37 SOUTHERN JANITOR SUPPLY INC 4,119.63 M T CAUSLEY INC 24,684.00 MBV ENGINEERING INC 2,273.00 ETR LLC 2,365.93 GLOVER OIL COMPANY INC 33.554.85 CREATIVE FLOORS OF VERO BEACH INC 8.495.35 ALL AREA ROOFING & WATERPROOFING :INC 3,475.00 GERELCOM INC 9.205.00 SUNCOAST REALTY & RENTAL MGMT LLC 350.00 PETER OBRYAN 15.53 AMANDA KOCH 100.00 JOHNNY B SMITH 270.00 EARLY LEARNING COALITION OF INDIAN RIVER 4_.331.01 SUM MERLINS MARINE CONST LLC 450.00 :DANE MACDONALD 340.00 DUPERON CORPORATION 72.63 CHARLES A WALKER 140.00 REDLANDS CHRISTIAN MIGRANT ASSOC 3,716.61 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,673.11 MADESSIA FLOWERS 20.00 TREASURE COAST FOOD BANK INC 161.50 GUTTER. GUY, INC 275.00 NICOLACE MARKETING 'INC 1,400.00 SANDY .ARACENA 60.00 RANGE SERVANT AMERICA INC 443.06 HELPING ANIMALS LIVE -OVERCOME 63.00 WEST CONSTRUCTION INC 309,174.63 BRENNTAG MID -SOUTH INC 16,251.45 JANCY PET BURIAL SERVICE INC 25.50 BERMUDA SANDS APPAREL LLC 1,035.95 AUTOMATIOND'1RECT.COM INC 147.00 KEITH GROCHOLL 120.00 REHMANN GROUP LLC 36,000.00 OCEAN RESEARCH & CONSERVATION ASSOCIATION IP 3,657.42 2 TRANS NBR 378029 378030 378031 378032 378033 378034 378035 378036 378037 378038 378039 378040 378041 378042 378043 378044 378045 378046 378047 378048 378049 378050 378051 378052 378053 378054 378055 378056 378057 378058 378059 378060 378061 378062 378063 378064 378065 378066 378067 378068 378069 378070 378071 378072 378073 378074 378075 378076 378077 378078 378079 378080 378081 378082 378083 378084 378085 378086 378087 378088 DATE 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/142019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 VENDOR AMOUNT LOWES HOME CENTERS INC 2,642.92 CARDINAL HEALTH 110 INC 3,294.79 MUNICIPAL EMERGENCY SERVICES INC 95,670.95 ALEX MIKLO 190.00 BURNETT LIME CO .INC 19,133.80 BURNETT LIME CO INC 2,_197.75 TREASURE COAST TURF INC 524.00 PENGUIN RANDOM :HOUSE LLC 121.05 CARMEN LEWIS 282.00 STRAIGHT OAK LLC 469.00 SOUTHERN MANAGEMENT LLC 20,111.25 DEBORAH CUEVAS 60.00 CHEMT.RADE CHEMICALS CORPORTATION 2.463.13 REI ENGINEERS INC 8,084.00 FOUNDATION FOR AFFORDABLE RENTAL 850.00 FLORIDA ASSOCIATION OF EMS 125.00 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 SYLIVIA MILLER 79.00 HAWKINS INC 794.60 ANDERSEN ANDRE CONSULTING ENGINEERS INC 7.287.50 SCRIPPS NP OPERATING LLC 262.59 CATHEDRAL CORPORATION 2.400.37 UNIFIRST CORPORATION 820.81 JAY AMMON ARCHITECT INC 11,673.75 CDA SOLUTIONS INC 4,575.00 WILSON SPORTING GOODS CO 774.01 EGP DOCUMENT SOLUTIONS LLC 415.53 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 EZLINKS GOLF LLC 300.00 COLTON PARKER 60.00 COVERALL NORTH AMERICA INC 2,230.00 ASPHALT PAVING SYSTEMS INC 21,749.00 DEBBIE CARSON 100.00 E M ENTERPRISES GENERAL CONTRACTORS INC 2,600.00 PEOPLE READY INC 6,445.44 CANARX GROUP IINC 4,803.70 COLE AUTO SUPPLY INC '7.81321 BETH NOLAN 80.00 THOMAS R PILIERO 80.00 CALVIN GIORDANO & ASSOCIATES INC 12.993.75 APT1M COASTAL' PLANNING & ENG INEERING INC 14,276.31 CORE & MAIN LP 9,299.38 ROBERT A BARTH 93.41 BECK AUTO SALES INC 228,980.38 DJD EQUIPMENT HOLDINGS LLC 594.20 TYKES & TEENS INC 2,185.63 STEPHEN STONE 120.00 JOSEPH LORINO 140.00 D1RECTV GROUP INC 98.23 TETRA TECH INC 7,387.50 A 1 ASSETS INC 1,552.95 PICKLEBALL UNIVERSITY INC 577.00 RAMONA MURPHY 33.00 KENYATTA JOHNSON 100.00 AMAZON CAPITAL SERVICES INC 2,882.50 HYDRO CONDUIT LLC 12,602.08 VERONIQUE ORY STURIALE 85.00 PIRATE PEST CONTROL LLC 800.00 CALITEN LLC 33./8 JOHN TORRES 55.00 3 TRANS NBR 378089 378090 378091 378092 378093 378094 378095 378096 378097 378098 378099 378100 378101 378102 378103 378104 378105 378106 378107 378108 378109 378110 378111 378112 378113 378114 378115 378116 378117 378118 378119 378120 378121 378122 378123 378124 378125 378126 378127 378128 378129 378130 378131 378132 378133 378134 378135 378136 378137 378138 378139 378140 378141 378142 378143 378144 378145 378146 378147 378148 DATE 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/.14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 VENDOR AMERIGAS PROPANE LP JOHN J DRISCOLL DAVID MIKE JORDAN POWER EQUIPMENT CORP OHD LLP WL SNOOK & ASSOCIATES INC JAMES ROMANEK GREVILLE H EWAR JR WILLIAM JOHNSON LOST TREE PRESERVE LLC MICHAEL DUNLEAVY REGINA O'KEEFE TOUSSAINT ELECTRIC CARMEN ROSADO MILLS SHORT & ASSOCIATES GOVERNORS INN UTIL REFUNDS UTIL REFUNDS UTIL R:EFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UM. 'REFUNDS_ UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL, REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 764.00 190.00 60.00 300.33 255.00 706.63 240.00 300.00 343.75 35,430.48 340.00 75.00 50.00 69.98 1,015.25 558.00 60.64 48.36 47.10 62.62 24.85 46.88 15.43 30.02 69.96 40.82 26.99 40.54 145.63 67.46 18.14 49.95 32.19 34.76 49.54 72.77 67.60 69.76 80.69 37.20 79.14 30.45 65.85 75.79 56.70 80.35 40.41 34.51 91.39 32.36 67.33 69.18 103.60 36.68 87.00 48.90 6.61 36.16 46.34 43.15 4 TRANS NBR 378149 378150 378151 378152 378153 378154 378.155 378156 378157 378158 378159 378160 378161 378162 378163 378164 378165 378166 378167 378168 378169 378170 378171 378172 378173 378174 378175 378176 378177 378178 378179 378180 378181 378182 378183 378184 378185 378186 378187 378188 378189 378190 378191 378192 378193 378194 378195 378196 378197 378198 378199 378200 378201 378202 378203 378204 378205 378206 378207 378208 DATE 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02114/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/201,9 02/14/2019 02/14/2019 02/14/2019 02/1420.19 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/,14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/,14/20.19 02/14/2019 02/14/2019 02/14/2019 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL. R.EFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL .REFUNDS UTIL .REFUNDS, UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UM REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT'L REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL .REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 60.48 87.00 41.91 82.50 70.05 83.05 171.51 136.78 51.37 59.24 65.10 43.78 43.90 77.07 41.50 22.01 43.69 41.50 86.11 41.50 82.44 22.57 77.14 77.80 57.46 42.05 72.16 122.25 16.12 37.91 236.28 4.34 100.00 19.57 9.50 18.57 40.54 60.51 29.26 64.20 35.06 94.12 90.95 36.06 36.49 680.14 262.96 45.35 59.13 10.24 453.07 337.33 28.76 36.13 55.54 181.48 32.73 11.93 20.06 58.95 5 TRANS NBR 378209 378210 378211 378212 378213 378214 378215 378216 378217 378218 378219 378220 378221 378222 378223 Grand Total: DATE 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/.14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/2019 02/14/20I9 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL.'REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL.' REFUNDS UTIL' REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1:L.REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 73.01 33.75 122.72 3.49 13.38 90.95 82.20 50.91 82.44 79.90 20.88 40.54 42.60 46.99 55.22- :1,318,044.82 6 TRANS NSR 6548 6549 6550 6551 6552 6553 6554 6555 6556 6557 6558 6559 6560 6561 6562 6563 6564 6565 6566 6567 6568 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019. 02/08/2019 02/08/2019 02/11/2019 02/11/201.9 02/12/2019 02/12/2019 02/12/2019 02/12/2019 02/12/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/14/2019 02/14/2019 VENDOR NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC ]RC FIRE FIGHTERS ASSOC CULTURAL COUNCIL OF IRC CE.R SIGNATURE CLEANING KIMLEY HORN & ASSOC INC CDM SMITH INC IRS -PAYROLL TAXES FL SDU RX BENEFITS INC FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE 1 R C HEALTH INSURANCE - TRUST MUTUAL OF OMAHA CHARD SNYDER & ASSOCIATES INC H.IGHMARK STOP LOSS BLUE CROSS & BLUE SHIELD OF FLORIDA INC IRS -PAYROLL TAXES SCHOOL DISTRICT OF 1 R. COUNTY AMOUNT 5,030.86 53,029.73 9,869.52 6,563.79 3,680.00 19,053.83 69,402.52 439.742.88 5,724.01 2372.00 2,787.45 975.09 28,305.37 3,435.58 82,643.19 2.460.50 92.00 7,402.41 11,650.00 8.276.61 38,996.48 801,493.82 1 TRANS. NBR 1014534 1014535 1014536 1014537 1014538 1014539 1014540 1014541 1014542 1014543 1014544 1014545 1014546 1014547 1014548 1014549 1014550 1014551 1014552 1014553 1014554 1014555 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/14/2019 02/14/2019 VENDOR AT&T OFFICE DEPOT. BSD CUSTOMER SVC COMCAST POLYDYNE INC AT&T OFFICE DEPOT BSD CUSTOMER SVC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER.BAI.1 ERY INDIAN RIVER OXYGEN INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP GROVE WELDERS INC APPLE MACHINE & SUPPLY CO COMPLETE ELECTRIC INC FLAGLER CONSTRUCTION EQUIPMENT LLC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC CM&S INDUSTRIES INC COUNTY MATERIALS CORPORATION EFE INC WASTE MANAGEMENT INC COMCAST AMOUNT 12,340.87 227.73 711.83 5,152.00 34.48 2_,890.61 109.89 2,234.65 3,858.00 209.25 10.076.53 164.91 161.78 44,598.12 630.16 106.37 49.52 650.00 10,100.40 1.937.82 3.010,98 99.95 99.355.85 1 Sn 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: February 21, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS February 15, 2019 to February 21, 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 February15, 2019 to February 21, 2019. 24 TRANS NBR 378224 378225 378226 378227 378228 378229 378230 37823I 378232 378233 378234 378235 378236 378237 378238 378239 378240 378241 378242 378243 378244 378245 378246 378247 378248 378249 378250 378251 378252 378253 378254 378255 378256 378257 378258 378259 378260 378261 378262 378263 378264 378265 378266 378267 378268 378269 378270 378271 378272 378273 378274 378275 378276 378277 378278 378279 378280 378281 DATE 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02212019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 0221/2019 02/21/2019 02/21/2019 0221/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02212019 02/21/2019 02/21/2019 02/21/2019 CHECKS WRITTEN VENDOR PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL LENGEMANN CORP TEN -8 FIRE' EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC :KIMLEY HORN & ASSOC INC HENRY SCHEIN INC VELDE FORD INC SAFETY PRODUCTS INC STEWART MATERIALS INC AT&T WIRELESS DATA FLOW SYSTEMS INC BRENDA DICKHART PARALEE COMPANY INC DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC GRAYBAR ELECTRIC CHANDLER EQUIPMENT CO INC :HACH CO 11BSINC CLIFF BERRY INC AVERY DENNISON CORPORATION PARKSON CORPORATION BOUND TREE MEDICAL LLC SCHULK:E BITTLE & STODDARD LLC VERO INDUSTRIAL SUPPLY INC DIVE RESCUE INC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC MOTION INDUSTRIES INC CITY ELECTRIC SUPPLY CHILDCARE RESOURCES OF IRC INC MYRON L COMPANY BAKER & TAYLOR INC MIDWEST TAPE LLC MWI CORP METTLER TOLEDO INC HUDSON PUMP & EQUIPMENT MICROMARKETING LLC K & M ELECTRIC SUPPLY VERO COLLISION CENTER ENCORE BROADCAST EQUIPMENT SALES INC BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC SOFTWARE HARDWARE INTEGRATION GRACES LANDING LTD CREATIVE CHOICE HOMES XVI LTD PING INC INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH UNITED WAY OF INDIAN RIVER COUNTY INDIAN RIVER ALL FAB INC UNITED PARCEL SERVICE INC AMOUNT 726.40 57.60 110.61 10,735.38 745.50 391.30 95.60 1.638.50 4,666.04 123.36 408.44 5.580.50 62.93 7,752.00 643.00 600.00 63.57 26.45 94.62 1,168.60 280.00 632.84 298.50 1,577.48 205.00 196.00 1.096.20 19,540.00 74.40 5.750.00 49.12 666.40 4,600.00 99.50 3,431.33 132.84 1,040.00 1,145.35 13.864.90 1.712.35 1,I66.57 4.664.75 2.239.76 19.98 16.35 1.894.33 109,370.00 127.10 24.00 1,554.80 284.00 827.00 225.86 1,583.63 9.261.06 714.00 4,162.63 17.58 TRANS NBR 378282 378283 378284 378285 378286 378287 378288 378289 378290 378291 378292 378293 378294 378295 378296 378297 378298 378299 378300 378301 378302 378303 378304 378305 378306 378307 378308 378309 378310 378311 378312 378313 378314 378315 378316 378317 378318 378319 378320 378321 378322 378323 378324 378325 378326 378327 378328 378329 378330 378331 378332 378333 378334 378335 378336 378337 378338 378339 378340 378341 DATE 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR FERGUSON ENTERPRISES INC NAN MCKAY AND ASSOCIATES INC FLORIDA DEPT OF TRANSPORTATION LIVINGSTON PAGE BLUE CROSS & BLUE SHIELD OF FLORIDA INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS SUNBONNET SUE QUILTERS GUILD ROGER CLEVELAND GOLF .INC ACUSHNET COMPANY ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC ATHENS TECHNICAL SPECIALISTS INC TYLER TECHNOLOGIES INC TRAFFIC PARTS INC CALLAWAY GOLF SALES COMPANY SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT PEACE RIVER ELECTRIC COOP INC NEW HORIZONS OF THE TREASURE COAST KENNETH CAMPBELL SENIOR LANGUAGE. LINE SERVICES INC STRUNK FUNERAL HOMES & CREMATORY SHERILEE D PARSELL TREASURE COAST SPORTS COMMISSION INC IRC HEALTHY START COALITION INC ETTA LOP.R.ESTI ALAN C KAUFFMANN DONALD JONES CH.ILDRENS HOME SOCIETY OF FL PINNACLE GROVE LTD VERO CLUB PARTNERS LTD INDIAN RIVER COUNTY HOUSING AUTHORITY BRIDGESTONEAMERICAS INC ST LUCIE COUNTY BOCC THE AVANTI COMPANY INC RUSSELL PAYNE INC TRANE US INC TRANE US INC FLORIDA DEPT OF JUVENILE JUSTICE RACHEL IVEY INDIAN RIVER DOG TRAINING CLUB INC NATIONAL NOTARY ASSOCIATION FASTENAL COMPANY SOUTHERN JANITOR SUPPLY INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC E W SIVER & ASSOCIATES INC MASTELLER & MOLER INC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT LEEWARD ROOFING LLC GERELCOM INC ORCHID ISLAND PROPERTY MGMT I1 INC 1ST FIRE & SECURITY INC SESAC INC AMOUNT 350.00 199.00 19.00 60.00 633.10 968.20 296.19 24.70 261.39 1,585.80 1,339.93 131.45 28,042.44 620.72 38,649.52 3,480.50 1,668.95 2,024.00 21,866.07 29.51 25,881.33 60.00 74.36 425.00 669.00 1.250.00 833.33 193.00 160.00 53.00 2.250.00 95.16 1.352.00 56.00 439.48 136,504.25 1,931.96 777.22 7.909.40 1,310.04 25.476.00 675.25 251.69 130.00 385.21 1,877.33 450.00 264.12 4.450.00 1.007.25 43.27 34,086.53 302.80 306.90 171.24 9,520.00 33,289.64 4,276.00 223.55 1,425.00 2 TRANS NBR 378342 378343 378344 378345 378346 378347 378348 378349 378350 378351 378352 378353 378354 378355 378356 378357 378358 378359 378360 378361 378362 378363 378364 378365 378366 378367 378368 378369 378370 378371 378372 378373 378374 378375 378376 378377 378378 378379 378380 378381 378382 378383 378384 378385 378386 378387 378388 378389 378390 378391 378392 378393 378394 378395 378396 378397 378398 378399 378400 378401 DATE 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR NORTH CAROLINA CHILD SUPPORT JOHNNY B SMITH SUMMERLINS MARINE CONST LLC DANE MACDONALD DUPERON CORPORATION CHARLES A WALKER INDIAN RIVER SOCCER ASSOCIATION SARAH D'AMBRA MADESSIA FLOWERS TRADEWINDS POWER CORP TREASURE COAST SPRINKLERS INC KWACKS INC YOUTH GUIDANCE DONATION FUND JONES EDMUNDS AND ASSCOIATES INC NEW YORK METS/ST LUCIE METS EQ THE ENVIRONMENTAL QUALITY COMPANY T C ENTERPRISE HMA-SOLANTIC JOINT VENTURE LLC TREASURE COAST ENGINEERING CREATIVE POWER SOLUTIONS INC ATLANTIC COASTAL LAND TITLE CO LLC ECMC MURPHY & WALKER P L MONICA L FOLK SURVEYMONKEY COM KEITH GROCHOLL SUN GRAPHIC TECHNOLOGIES INC HI TECH CYCLES ALAN JAY CHEVROLET CADILLAC ALL SEASONS UNIFORMS INC GFA INTERNATIONAL INC MOORE MOTORS INC TAW ORLANDO SERVICE CENTER INC LOWES HOME CENTERS INC ALADTEC INC ALEX MIKLO TREASURE COAST TURF INC W&G MAINTENANCE CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC CHEMTRADE CHEMICALS CORPORTATION KATE P COTNER SAMBA HOLDINGS INC COLONIAL HEIGHTS ACQUISITION LP FAMILY SUPPORT REGISTRY REI ENGINEERS INC EXTREME GOLF INC THE LAW OFFICES OF MASCHMEYER CONCRETE COMPANY OF FLORIDA CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA SYLIVIA MILLER HAWKINS INC FLORITURF SOD INC ANDERSEN ANDRE CONSULTING ENGINEERS INC SCRIPPS NP OPERATING LLC KENDRA COPE CATHEDRAL CORPORATION MILNER SPORTS LLC UNIFIRST CORPORATION AMOUNT 105.69 265.00 29.282.40 220.00 3,089.01 60.00 2,500.00 35.00 30.00 4,044.05 3,880.50 2,734.00 833.33 49,495.00 500.00 34,040.90 13,407.00 30.00 1,250.00 4.300.00 85.00 289.25 13,539.54 1,000.00 300.00 60.00 667.26 6,273.06 24,187.00 545.86 10,342.08 480.91 4,916.85 2,019.86 12,003.00 85.00 6,248.74 9,433.30 342.50 21.90 1,143.25 2,463.13 207.75 1,335.05 400.00 9.66 1,860.00 484.00 471.00 2.188.00 425.00 2,088.00 606.10 80.00 4,727.50 141.90 895.14 1,026.66 1,008.00 1.898.95 3 TRANS NBR 378402 378403 378404 378405 378406 378407 378408 378409 378410 378411 378412 378413 378414 378415 378416 378417 378418 378419 378420 378421 378472 378423 378424 378425 378426 378427 378428 378429 378430 378431 378432 378433 378434 378435 378436 378437 378438 378439 378440 378441 378442 378443 378444 378445 378446 378447 378448 378449 378450 378451 378452 378453 378454 378455 378456 378457 378458 378459 378460 378461 DATE 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/20 19 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR CDA SOLUTIONS INC SITEONE LANDSCAPE SUPPLY LLC EGP DOCUMENT SOLUTIONS LLC BYERS ENGINEERING COMPANY EASTERN PIPELINE CONSTRUCTION INC EAST COAST RECYCLING INC AC VETERINARY SPECIALTY SERVICES COLTON PARKER MATHESON TRI -GAS INC PEOPLE READY INC EMILY GOUGE COLE AUTO SUPPLY INC KREMEDY LLC EVERHOME MORTGAGE CO NORTH CAROLINA DEPARTMENT OF REVENUE BETH NOLAN ALLAN D KELLERMAN SECURITAS ELECTRONIC SECURITY INC THOMAS R PILIERO FLORIDA BULB & BALLAST INC BOWMAN CONSULTING GROUP LTD ENVIRONMENTAL OPERATING SOLUTION INC GOVDIRECT INC STUART RUBBER STAMP & SIGN CO INC CORE & MAIN LP JOE PAYNE INC AMA INSURANCE AGENCY INC WOERNER AGRIBUSINESS LLC DJD EQUIPMENT HOLDINGS LLC TIMOTHY L DURFEE GYRO-TRAC CORPORATION THERNELL MILLS STEPHEN STONE JOSEPH LORINO BEST VERSION MEDIA LLC STANTEC CONSULTING SERVICES INC COASTAL WATERWAYS DESIGN & ENGINEERING EMPIRE PIPE ORLANDO LLC Al ASSETS INC CONCORDANCE HEALTHCARE SOLUTIONS LLC RAMONA MURPHY MLG GOLF INC HAYES CONSTRUCTION GOUP INC AMAZON CAPITAL SERVICES INC AMAZON CAPITAL SERVICES INC ALAN E RUDD ARMOROCK LLC VERONIQUE ORY STURIALE PREMIER LANDSCAPE SOLUTIONS OF IR LLC ALL RITE WATER PURIFICATION INC COMMONWEALTH OF MASSACHUSETTS TMG UTILITY ADVISORY SERVICES INC AMERIGAS PROPANE LP AMERIGAS PROPANE LP KANSAS PAYMENT CENTER LOUIS AGUDELO PST TECHNOLOGIES INC JOHN J DRISCOLL DAVID MIKE JORDAN POWER EQUIPMENT CORP AMOUNT 65.00 27.04 965.41 24,300.00 4,175.00 1,000.00 78.08 200.00 3,783.00 12,070.54 180.00 1,919.69 5,146.00 79.11 107.22 31.00 18,650.00 1,575.00 75.00 810.30 3,663.75 16,170.86 44,665.60 94.32 9,326.76 17,287.14 168.41 713.00 3,135.47 8,980.00 20,099.56 300.00 60.00 145.00 244.00 8,033.50 LLC 6,400.00 362,874.00 631.04 699.10 68.50 200.00 100.00 9.96 4,203.37 400.00 10,022.00 95.00 4,780.00 39.62 154.00 6,435.00 2,345.31 2,446.37 219.69 240.00 3,520.33 85.00 60.00 11,051.90 4 TRANS NBR 378462 378463 378464 378465 378466 378467 378468 378469 378470 378471 378472 378473 378474 378475 378476 378477 378478 Grand Total: DATE 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/2112019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR JAMES ..ROMANEK PAMELA CHAVEZ ARCHIVE SOCIAL INC J MARCUS WHOLESALERS INC MICHAEL DUNLEAVY DEANGELO BROTHERS LLC APRIL KRAJNYK ROBERT E HEATH ACADEMY PUBLISHING INC HELEN BLACK EXXCEL PROJECT MANGEMENT LLC NICHOLAS RAMOS GARRETT DANCY ELIZABETH HARRIS KEMBLE DU PONT AAPMVR CORP JOESEPH TESSIER AMOUNT 240.00 700.00 4,788.00 370.00 120.00 783.00 64.44 69.80 225.00 56.00 200.00 30.00 53.00 150.00 80.69 1,000.00 300.00 1,534,359.75 5 TRANS NBR 6569 6570 6571 6572 6573 6574 6575 6576 6577 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 02/15/2019 02/15/2019 02/15/2019 02/15/2919 02/20/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR K.IMLEY HORN & ASSOC INC KI:MLEY HORN & ASSOC INC WRIGHT EXPRESS FSC SCHOOL DISTRICT OF 1 R COUNTY RX BENEFITS .INC ATLANTIC COASTAL LAND TITLE CO LLC IRC CHAMBER OF COMMERCE 1RC CHAMBER OF COMMERCE TOTAL ADMINISTRATIVE .SERVICES CORP AMOUNT 7,603.01 68,974.38 20,095.44 194,962.00 275,218.13 101,579.45 5,855.36 15,878.31 11,953.70 702,119.78 1 TRANS. NBR 1014556 1014557 1014558 1014559 1014560 1014561 1014562 1014563 1014564 1014565 1014566 1014567 1014568 1014569 1014570 1014571 1014572 1014573 1014574 1014575 1014576 1014577 1014578 1014579 1014580 1014581 1014582 1014583 1014584 1014585 1014586 1014587 1014588 1014589 1014590 1014591 1014592 1014593 1014594 1014595 1014596 1014597 1014598 1014599 1014600 1014601 1014602 1014603 1014604 1014605 1014606 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/15/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/202019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019 0220/2019 02/202019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/2 1 /2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 VENDOR INDIAN RIVER BATTERY RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC M.EEKS PLUMBING INC ST LUCIE BATTERY & TIRE CO SOUTHERN COMPUTER WAREHOUSE INC TOTAL TRUCK PARTS INC PRIDE ENTERPRISES MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS UNIVERSAL ENGINEERING SCIENCES METRO FIRE PROTECTION SERVICES INC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC PACE ANYALYTICAL LLC OFFICE DEPOT BSD CUSTOMER SVC POLYDYNE INC HELENA CHEMICAL INDIAN RIVER BAI 1ERY APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC FIRST HOSPITAL LABORATORIES INC DLT SOLUTIONS LLC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC HYDRA SERVICE (S) INC EFE INC AT&T WASTE MANAGEMENT INC PARKS RENTAL & SALES INC NORTH SOUTH SUPPLY INC RING POWER CORPORATION MIKES GARAGE.& WRECKER SERVICE INC NEWMANS POWER SYSTEMS SOUTHERN COMPUTER WAREHOUSE INC WIGINTON CORPORATION TOTAL TRUCK PARTS INC HD SUPPLY FACILITIES MAINTENANCE LTD PRIDE ENTERPRISES SHRIEVE CHEMICAL CO METRO FIRE PROTECTION SERVICES INC TIGHT LINE PRODUCTIONS INC ALLIED DIVERSIFIED OF VERO BEACH LLC NEXAIR LLC PACE ANYALYTICAL LLC PACE ANYALYTICAL LLC AMOUNT 769.70 298.00 225.00 289.50 79.95 1,476.30 770.95 299.60 319.88 614.32 8,535.00 384.50 1,76122 1.155.00 216.00 2.416.99 2,576.00 2,813.80 414.30 443.06 282.36 9,918.17 3,547.93 358.92 129.00 205.80 35.00 26.500.00 145.60 447.93 4,384.00 476.06 10,787.31 3,636.87 141.75 292.76 11.123.99 350.00 5,588.00 2.671.52 886.00 57.72 1.291.17 299.60 11,939.54 304.45 500.00 7,750.00 52.70 108.00 1.7.15.00 131,788.22 1 Ye. CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: February 4, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2019021 —Annual Bid for Concrete Cutting, Removal and Replacement BACKGROUND: On September 18, 2018, the Board terminated the award of bid 2018060 for concrete curb, sidewalk and driveway repairs on an as -needed basis and authorized staff to rebid. The Department of Utility Services and Road and Bridge Division developed new bid specifications in line with FDOT requirements. The term of this bid is one year, with the option for two additional one-year renewals, subject to vendor acceptance, satisfactory performance and staff's determination that the renewal would be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Demandstar Broadcast to: Bid Documents Downloaded by: Replies: October 17, 2018 November 8, 2018 417 Subscribers 19 Vendors 1 Vendor—Timothy Rose Contracting, Vero Beach Pay Item Description Unit Unit Price 0110-1-A Demolish and Dispose of concrete sidewalk/driveway SY $110 0110-1-B Demolish and Dispose of concrete curb LF $135 0110-1-C Saw cut concrete LF $7 0430-982-125A MITERED END SECT, OPTIONAL RD, 0-24" EA $1500 0430-982-130A MITERED END SECT, OPTIONAL RD, 30"-36" EA $1925 0520-1-7 CONCRETE CURB & GUTTER, TYPE E LF $56 0520-1-10 CONCRETE CURB & GUTTER, TYPE F LF $58 0520-1-10A CONCRETE CURB & GUTTER, DROP CURB LF $55 0520-2-4 CONCRETE CURB & GUTTER, TYPE D LF $28 0520-2-4A Ribbon Curb (8" thick, 18" high; Modified Type D) LF $24 32 CONSENT Pay Item Description Unit Unit Price 0522-1 CONCRETE SIDEWALK AND DRIVEWAYS, 4" SY $71 0522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" SY $79 0522 1A CONCRETE SIDEWALK AND DRIVEWAYS, 4" (Color/Pattern/Stamped) SY $145 0522-2A CONCRETE SIDEWALK AND DRIVEWAYS, 6" (Color/Pattern/Stamped) SY $165 0522-A ADA Truncated Domes & Curb Return (Wet Set Only) SF $45 0522-B Install Brick Pavers (Pavers provided by IRC) SY $180 0522-C Install Brick Pavers (Pavers NOT provided by IRC) SY $315 ANALYSIS: The department has determined Timothy Rose Contracting to be the lowest responsive and responsible bidder. During fiscal year 2017/2018, IRCDUS spent $77,762.04 on concrete repairs. Current work is being performed primarily by Pete's Concrete under a standard blanket PO, which is anticipated to remain in use through the end of the current fiscal year. The amount of $80,000 is budgeted for FY 2018/2019. SOURCE OF FUNDS: Funds for the anticipated purchases are available in the following accounts, which come from operating funds and are generated from water and sewer revenues. Account Number Account Description Spent FY 17/18 Spent to Date FY 18/19 Estimated Remainder FY 18/19 47126936-035310 Water Distribution — Paving Material $75,262.04 $19,035.00 $58,965.00 47126836-035310 Wastewater Collection — Paving Material $2,500.00 $0 $2,000.00 RECOMMENDATION: Staff recommends the Board award bid 2019021 to Timothy Rose Contracting. Staff also recommends the Board authorize the Purchasing Division to issue blanket purchase orders to the awarded bidder, and authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 33 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM .gb CONSENT AGENDA TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: February 22, 2019 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village PODs M, N, 0, & P [PD -17-09-06 / 2004010124-82753] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 2019. DESCRIPTION & CONDITIONS: The Lakes at Waterway Village PODs M, N, 0, & P is a phase within the Waterway Village planned development project and consists of 144 lots on 57.73 acres. It is located immediately east of 51st Court, north of 49th Street. The property is zoned PD (Planned Development), has an L-2 (Low Density 2 up to 6 units per acre) land use designation, and will have a density of 2.49 units per acre. On August 24, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Lakes at Waterway Village PODs M, N, 0, & P. The applicant is now seeking final plat approval for PODs M, N, 0, & P, having obtained a land development permit and commenced construction of the project. At this time, the applicant has built 76.15% of the required improvements that serve the PODs M, N, 0, & P area, is proposing to "bond -out" for the remaining 23.85% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $3,044,188.14 The Board is now to consider granting final plat approval for The Lakes at Waterway Village PODs M, N, 0, & P. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E8ODA6D3\@BCL@E8ODA6D3.rtf 34 ANALYSIS: Some, but not all, of the required improvements for The Lakes at Waterway Village PODs M, N, 0, & P have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 23.85% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. All improvements within The Lakes at Waterway Village PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village PODs M, N, 0, & P. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements 5. Letter of Credit C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E8ODA6D3\@BCL@E8ODA6D3.rtf 35 IND/AN RIVER COUNTY FLAMED DEVELOP NT t1FLwCA UON Pbrtse Indiesta the type of tppticutam being &ubui ttcd: Coaeeptt s! P;t3 EI) 21 ExcepLI ConcurrentCczaecislugI..PD Speck' Itmien j . .„, way P. t any Planned Developriiut: Mad Finned Dotrdapment: Note: For a PD rezoting also include the fipple rpr ate.r,:tt app -gown. mom= ktAt : Lazes at Wsterwzy VIllage . Pods NI, N.O and P plan :fiber: 17.09-06 vonmanowslibitrrami X Project 0; 2004010124 802 75-3 PROPERTY OWN 2t: (PLEASE PRINT) APPL=NT (PLEASE PRIM) Mosta_ Homes, LP. Same as Owner NANT NAME 4400 PGA Blvd, Suite 700 ADDRESS ADDRESS Palm Beach Gardens, FL 33410 CITY, STATE, zI !.. 561-206-1458 CITY, STATE, 2~P PHONE I IUIvMSBIt PFIONE NUMBER patrick.gonzaiez(c kimiey-hom.con EMAIL ADDRESS EMAIL ADDRESS _Patrick Gonzalez, F.E. CONTACT PERSON CONTACT PERSON SON PROJECT 2 G1i ER: (PLEASE PUNT) AGENIT (PLEASE PRINT) Kinan Husainy, P.E. NAME NAIv 445 24th Street, Suite 200 ; II1ms ADDRESS Ve,i"o Beach FL 32960 are, ZIP 772-794-4100 CITY, STATE, LIP RIONE NUMBER PHO E HUMBER kitten. husainyekimley-hom.com e AIL ADD) ISSS _ inan Husainy. P.E. CO 4TACT PERSON alio.. ADDRESS CON': Ai I PERSON ATURE OP 0W 13R OR. AGENT F3Comui ::a) Devevr;.ertAPPLICATIONS1Cu,Dev applivIdorulPDAPP.doc Robed Ain't 2816 82gerof3 36 TAX PARCEL ID Vis) 02 SU3TECz' PROPERTY: 32-39-1840000-5000-00002.0, 32-39-21-00001-0010.00001.0:, 32-3922-00000-30000-00001.0, 32-39-15-00000-5000-00004.0 PROPERi I CLASStr"!CA T ION(S): Land Use Ousi cntia c Zoning District ` cren ti Residential PD 57.73 AC TOTAL PROJECT ACREAGE: 57.73 AC E3QSTIWO SITE USER: Vacant _. PROPOSED SITE U3 (S) AND IIs! �r l31TY (e.g. # of units, squ eo fest by we): 144 residential units, 2.49 undsper acre 4* PLEASE C0M rmE TEMw'I ilaf 'At UtmCt :.1sT 64 T116 follow ag items moat be admired to the anplicaiou: NIA If the applicant is Odra than the, owner(s), r. ewarn at_.x.nc of autitori .atfon from the owner; Two dds read q verified statement naming ,every individuz1 hsvin3 lecjil or equitable owners/tip in the p opatty if avidli by a cozParatiot:, pruvida tho names acid address of each stocldcoldcr owning moi teen 10% ado value of outstaadm2 coipora:ion shares; Two copies of the owr en's tccord id warranty deed; A check, money order or cub made payable to "Indian River County": Plumed Davctopatea 1-tequ at - Conceptual PD Special 3xcc awe less than 20 acres 5 2075.00 20-40 acne 2471.00 ovar 40 acres 2575.00 + 100.00 for each additional 25 acres over 40 acres V Prdimine y PD Pian less flan 20 acres 20-40 ages over 40 acres Ftad 2D PI car, 51150.00 1250.00 1300.00 $1400.00 50.00 for each additional 2.5 acres over 40 acres For sai.eutrentapplication_,: combine' the appropriate fees and ou Watt 5409.00. J ien acs of compieta Conceptual, I relin iaary or Final PD (fmcl pint plans must be signed and sealed by surveyor). Piens as per Christer 415,;nu-anent to the type of approval being r quested. NIA Any taquiremeats of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indlc:.ted by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sL st. Warm* cmnAPPUCM1ONsu . ri catimAPDAPP.doc Revised4►#:aaa16 P.pzors 37 N/A 2 Aerials for conceptual or preliminary PDs Itemized response to pre -application for conceptual or concurrent applications 2 sealed surveys N/A 3 sets of floor plans and elevation for commercial or multi -family buildings Written Statement and Photograph of Posted Sign N/A N/A For Final Plat's only ✓ Letter from developer providing timeline for achieving the 75% completion threshold for the overall subdivision improvement ONE OF THE FOLLOWNG SETS OF REQUIRED IMPROVEMENT DOCUMENTS: CONSTRUCTION COMPLETE - BUILT OUT: Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. LMPROVE L� S ARE DEDICATED TO THE PUBLIC: Original Engineer's Certified Cost Estimate for Improvements (signed and sealed) Failure to provide information on which option is being selected may result in a delay in processing the application. ORS CONT JC I'ON INCOXPL 'T - BOND OU'r: Original Engineer's Certified Cost Estimate for Improvements (signed completed or percent completed at 75% threshold for overall subdivision). Statement that improvements are nearing completion and a certificate obtain prior to final plat approval Copies of Documents to be recorded with the final plat a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Owner's Association Articles of Incorporation or statement indicating why recording of POA is NOT required. F:tCammunity Develorrent1APPLICATIONWurDev applicationsWDAPP.doa Revised Apra 2016 and sealed; note items to be of completion will be ✓ Copies provided. Previously recorded with other plats in the HOA. Copies provided. Previously recorded with other plats in the HOA. Page 3 of 3 38 Iu.u11I • ciW `729 111111111111 PINE RIDGE GI Ayi — _ 58TH AV. (KINGS HWV) 1 E11111111111111 0 I 1111hlNQ11111111111 Winn II � t. 14$THAV � ) 47TH CT^)_ rarii■i[lh'IIIIir =111110111 11111111111111i 33RDAV LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA NORTH CRAR3C SCALE N RET T 111 ----/ ISLE'S OF WATERWAY ( VILLAGE PD -PLAT 1CI I \ 1)// P.B. 23, PGS 2]-41 029'3753"E 78 27' R=44002 0.034'0754' L=262.17 CD•258.24 CB -577'2604"E LANES AT WATERWAY MACE R'C0=00' RAR RIBO-OR 26 PACE 319 PA -1 Ola - 23 SE CORNER OF TRACT J. ��.-�CO�,�BR• S.W. CORNER O TRACT 2 k N83'3047E 1_➢bsK<_ al W CORNEA 6 TRACT) / 60.60' LORAD ` STAMPED 701 IB 7163" 3=360.02 A=028.4734'1.100.32 CD=178 51' CB=S21'31'12'E PLAT BOOK PAGE CFN CLERKS FILE NUMBER 5OH UNE O TRACT 1 IME AT WATERWAY MACE PD - RAT 2,4-2 PUT BOOR 26 PACE 74 `SIAMED 'PRO U TRY 12•84007 4.0082711 1.123.9 00.123.31' GB•511.23.31E S15'37.06'E 2306'// 7' P1 04 1 � 3r� \L�A(E�-kko AWAY -r KEY MAP J OF BTMBDLB PLAT BOUNDARY PARCEL UNE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE - — ROAD CENTER LINE SECTION UNE _.. —..— MATCH LINE R.821.08.11.002.28.00.1.35.35, ® LOT NUMBER I TRACT PRAISER C1}35.34' CB•S53'3558'W• PRM, 404 030 OR IRC STAMPED 834'3701'E ` -PRM KHAL.B 696' OR AS NOTED 93.14' ,7 \ ',,./ • PCP, NAIL AND DISC STAMPED' R450.00 4.012'52551.19.58 \ -PCP RHA LB 696- CO.16.50.00.525'OTOTE LOT CORNER STAMFM W30 03 1062- STORMWATER NANAGENENT TRACT V 315'37'06'E`-- 67 15' TRACT SEG 21. 111,32 S RUE AE MAN DMA FARMS W. RAT O A Wan NM RAR FRP UID RANA¢ ,W^ AND ROW MONAAD RAT BOR 2. PACES I2 E15A57 5 AN2 Row 6miYAM46 PUT BOR 2. PAM D -- YN44'4017W 35 32 TRACT 7 SEC1184 21. TAP. 52 S. RIX 39 E OMR RIVER FARMS CO. RAT E LAMS NO RAN FON LAND DRAINAGE AND ROW RESERVA1016 PUT BOR 2, PACE 25 NORTH R/3 UNE OF UNDSEY ROAD (49TH 5T.) (O.R.B. 1951, PG 1891) pa SNIPED 1M1 U Mr P.O.U. WIRD VIN U TRY THIS INSTRUMENT WAS PREPARED BY' E C DEMETER P S M 5179. STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON SEPTEMBER 11, 2018 N89'46'12 839'60'121 ABS(BOF 64696) 8 _ �INDSEYmR�AD r-4 S _ _ IRNA rot - OA.6 637. P¢ 6326 E0 IV, PC 2370 A O6B. 1637. Pc. Imo �321344E1ErR-B0L 1C JJD:.1lY =lyt AW r. WADS AT 3AITRIOT MULE PD - RAT 2A-2 RAT BOR 24 PWC 74 POD M,N,O,P S.W. CORNER OF TRACT •0S2• PB 28, PAGE 74 TRACT '0525 SES z,.1R 5 63P l4 >V8,, A AD (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT ARC LENGTH LAE. LIMITED ACCESS EASEMENT L8 LICENSED BUSINESS N.R. NON -RADIAL ORB OFFICIAL RECORDS BOON PB PLAT BOO( PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG PAGE PI POINT OF INTERSECTION P.OB POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS RPD. RADIAL RGE RANGE RAY RIGHT-OF-WAY SEC SECTION TWP TOWNSHIP IRC IRON ROD WITH CAP EL= ELEVATION NAVD SB NORTH AMERICAN VERTICAL DATUM 0E1988 U.E. UTILITY EASEMENT WS E WATER AND SEWER EASEMENT W.M E. WATER MANAGEMENT EASEMENT SMT STORMWATER MANAGEMENT TRACT SHEET 3 OF 10 46 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA 475.5004 60 R6145 G -10 Ui CYJECOD -3 0 IF -5600 0472036 L-117,73 01499.70 03-X663001'6 •r:: 000 4.7"E 169,74 dtgUnigp ti. L� Y AbyW�tyw Y N�� /rw'E 31.611 . Ota k D 10 -13.1 .26671Y41F ® 3p (474 .7474:7 347,!1 308.16 THIS INSTRUMENT WAS PREPARED BY: E C DEMETER P 5 M. 5179. STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 445 24TH STREET, SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 ON SEPTEMBER 11, 2018 0) PLAT BOOK PAGE CFN CLERK'S FILE NUMBER 00➢16C SCALE 11 FEET 20 40 CO UNE TABLE LME .6980TH MARINO L1 1640 5513976.97E 1.2 1624 563.3667E L3 9.97 560162547E L4 3634 6936607E L5 14.7 5277500.37E 1.6 6.30 5863755.0.0E CURVE TABLE CURSE RADIUS LENGTH 01010 MARINO CHORD DELTA TANGENT CI 25.00' 36.61' 5253102910 3506 000181' 14.67 C2 5400 241' 6870143 241' 23326' 1.21' 22 5400 1571f 536404E 1570 104757 7.93' 01 2600 9.13' 50075'213 0.021 200730 4.68 CS 115400 27.15' 57130223 27.78' 120121 1150 08 94.00' 1690' 5560050E 1665' 113100 0.46 67 66,00 1676 670663 13.77 104086 7.97 CA 117600 523 5743630E 620 07616 111' CS 2600' 37.00 802304100 34.16 61504' 23.47 CIO 23.00' 30.84 53430300 35.0.7 905740 2139' 011 5400' 3.76' 51130413 176 33026 1.06 02 5400 1297' 58073710E 1194' 1045'30 657 03 26.00' 1.66 57851063 706 103045' 167' 014 1236.00 604' 57136223 2684' 120121 14.47 215 04.00. 24.13. 5791647E 24.06' 144727 12.10 218 8600' 1456 5601740E 14.60 173631' 7.31' 07 123000 1.67 57330413 1.67 004'37 661' 016 2100 4678' 52715'213 39,321 031017 2650 019 2500' 4111' S2960342 37.98' 904616 2617 C20 23.00 3571 6602024'0 3170 873020 21.72 VILLAGE PO PUT IC UN° ODE LE EOM. PO LANES AT WATERWAY VILLAGE PODS MN,OG ORTN RELIEF CANAL 49TH ST AT RwAy VILLAGE PD POD UNE& AT WATERWAY VILLAGE PO PLAT EMI FUTURE DEVELOPMENT LAND USE LE KEY MAPER J ECEND OF I MBOtA PUT BOUNDARY PARCEL LINE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE ROAD CENTER LINE SECTION LINE .. - .. - MATCH LINE ® LOT NUMBER I TRACT NUMBER PRM, 404 CMD OR IRC STAMPED "PRM KHA LB 896' OR AS NOTED PCP, NAIL AND DISC STAMPED' "PCP KHA LB 698' LOT CORNER A CB CCR CO BE L.A.E. LB 5.11. ORB P B. PC PCC PRC PCP PG PI P.O B. PTA RAD. RGE RNC SEC TVVP I40 IRC NAV 00. 56 WS WS. E. W1AE. SALT. DELTA (CENTRAL ANGLE) CHORD BEARING CERTIFIED CORNER RECORD CHORD DISTANCE CONCRETE MONUMENT AND DISK DRAINAGE EASEMENT ARC LENGTH LIMITED ACCESS EASEMENT LICENSED BUSINESS NON -RADIAL OFFICIAL RECORDS BOOK PLAT BOOK POINT OF CURVATURE POINT OF COMPOUND CURVATURE POINT OF REVERSE CURVATURE PERMANENT CONTROL POINT PAGE POINT OF INTERSECTION POINT OF BEGINNING PERMANENT REFERENCE MONUMENT POINT OF TANGENCY RADIUS RAD. RANGE RIGHT-OF.WAY SECTION TOWNSHIP IRON ROD WITH CAP ELEVATION NORTH AMERICAN VERTICAL DATUM OF 1988 UTILITY EASEMENT WATER AND SEWER EASEMENT WATER MANAGEMENT EASEMENT STORMWATER MANAGEMENT TRACT ' SHEET 4 OF 10 43 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA • • 09250642' *427.21' s1.13M' 1r0.91' 12300 901'061 IST Im I• r 'O Is 582472' 69.7f 262,1221E 408.984 THIS INSTRUMENT WAS PREPARED BY: E.C. DEMETER P.S M. 5179, STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET. SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 ON SEPTEMBER 11. 2018 •2"11-E so.IT _ABY—'W 391.41 9074244 b� i 311wT ^ SOY 13100 N97I2•44TI (MATCHUNE SEE SHEET g 0E104; m18 T PLAT BOOK PAGE CFN CLERK'S FILE NUMBER DAAPI9C 3CATE IN FEET 20 40 ea KEY MAP LEOIZOIMOSE-OOOMAI PUT BOUNDARY PARCEL UNE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE — — ROAD CENTER LME SECTION LINE — • — MATCH LINE LOT NUMBER I TRACT NUMBER PRIN.494 CMD OR IRC STAMPED • 'PRM KHA LB S9E ORAS NOTED CURVE TABLE CURVE RA0M5 LOCM 0100 SUMO 01008 DELTA TMIOTNT 021 23011 39.21 14521110.E 36,38' 0000100 2306 9'22 2300' 39.27 53742'4970 35.36' 900000' 2500 023 25.00. 3921 53112,21E 3536' 9000.00' 2300' C24 2100' 39.21 05211181E 3339' 900007 2300 • PCP, NAIL AND DISC STAMPED' TCP KHA LB 696' LOT CORNER O DELTA (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK O.E. DRAINAGE EASEMENT L ARC LENGTH LA E LIMITED ACCESS EASEMENT LB LICENSED BUSINESS NR NON -RADIAL ORB OFFICIAL RECORDS BOOK P B PUT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG. PAGE PI POINT OF INTERSECTION P.O.B. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS RAD. RADIAL RGE RANGE RAN RIGHT -OF -WAV SEC SECTION TWP TOWNSHIP INC IRON ROD WITH CAP EL• ELEVATION MVO BB' NORTH AMERICAN VERTICAL DATUM OF 1988 UE. UTILITY EASEMENT WS.E. WATER AND SEWER EASEMENT W.M.E. WATER MANAGEMENT EASEMENT S.M.T. STORMWATER MANAGEMENT TRACT SHEET 5 OF 10 • LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA 5151 P'�Aw05 8` �� 82f �g NT1'21,28 E12 LAKES AT WAl1RWAY MLUGE PO - PLAT 2A-1 PLAT BOOK 28, PAGE 23 R. oy PLAT BOOK PAGE CFN CLERK'S FILE NUMBER eo a. LM' KEY MAP TS. ORAPMC SCALE M FEET 20 40 GO LAKES AT WATERWAY VILLAGE PO - RAT 2A-2 PUT BOO( 28, PACE 74 THIS INSTRUMENT WAS PREPARED BY. E.0 DEMETER P S M 5179, STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 445 24TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON SEPTEMBER 11, 2018 SE' SNE 101 LE912C OE SYABOLB PLAT BOUNDARY PARCEL LINE DRAINAGE EASEMENT LME UTILITY EASEMENT UNE ROAD CENTER LME SECTION UNE MATCH LME LOT NUMBER I TRACT NUMBER PRM, 414 CMD OR IRC STAMPED 'PRM KHA LB 698 -OR AS NOTED PCP, NAIL AND DISC STAMPED' 'PCP KHA LB 6998' LOT CORNER 9 CB CCR 00 CMD DE LA E. LW ORB P.B. PC PCC PRC PCP PG. PI POB. PRM PT RPD. RGE FVW SEC SEC TWP 110 EL= NAVO 88. W SE M SE .M T. DELTA (CENTRAL ANGLE) CHORD BEARING CERTIFIED CORNER RECORD CHORD DISTANCE CONCRETE MONUMENT AND DISK DRAINAGE EASEMENT ARC LENGTH LIMITED ACCESS EASEMENT LICENSED BUSINESS NDN -RADIAL OFFICIAL RECORDS BOOK PLAT BOOK POINT OF CURVATURE POINT OF COMPOUND CURVATURE POINT OF REVERSE CURVATURE PERMANENT CONTROL POINT PAGE POINT OF INTERSECTION POINT OF BEGINNING PERMANENT REFERENCE MONUMENT POINT OF TANGENCY RADIUS RADIAL RANGE RIGHT-OF-WAY SECTIO SECTION TOWNSHIP IRON ROD WITH CA' ELEVATION NORTH AMERICAN VERTICAL DATUM OF 1988 UTLLITY EASEMENT WATER AND SEWER EASEMENT WATER MANAGEMENT EASEMENT STORMWATER MANAGEMENT TRACT 1 SHEET 6 OF 10 43 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA BOF 1000914E SEE 50.001 1i01 PLAT BOOK PAGE CFN CLERK'S FILE NUMBER GRAPHIC SCALE IN FEET 20 40 80 LAKES AT 5A1ERN'AT 193ACE PD - PUT 2A-2 PIAT BOOK 28. PAGE 74 015'37'06'E 2305 8.821 08 0.00212000' L.35.35 CIY35.34' CB.S53'35'5&W LAKES AT 8012008? MLLAGE PD - PUT 2A-2 PUT BOOK 28, PACE 74 KEY T MAP S. LEGEND OF MOMS PLAT BOUNDARY PARCEL LINE DRAINAGE EASEMENT LINE U111151 EASEMENT LINE ROAD CENTER LINE SECTION UNE MATCH LINE R.50.00 0.016'5655 1*16.50 CH.16.50 C8.525'0T05E 515.31056 ISEetel.10242 6715 A DELTA (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CO CHORD OISTARCE CMO CONCRETE MONUMENT AND DISK 0 E. DRAINAGE EASEMENT L ARC LENGTH LAE. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS N.R. NON-RAOAL ORB OFFICIAL RECORDS BOOK P.B. PLAT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG. PAGE PI POINT OF INTERSECTION P.O.D. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY RADIUS RAD. RADIAL RGE RANGE RAY RIGHT -OEM,/ SEC SECTION TIP TOWNSHIP IRC IRON ROD WITH CAP EL= ELEVATION NAVID B4 NORTH AMERICAN VERTICAL DATUM OF 1986 UE UTILITY EASEMENT WATER AND SEWER EASEMENT WALE WATER MANAGEMENT EASEMENT S.M T. STORMWATER MANAGEMENT TRACT 55 5.142951.55 A.U1U9106 L.4645 • 582.474' 15104' N80464'W 111527 b134.e® 2552% THIS INSTRUMENT WAS PREPARED BY E.C. DEMETER P.S.M. 5179, STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SURE 200 VERO BEACH, FLORIDA 32960 LB 696 ON SEPTEMBER 11, 2018 5143 UNE SN OF CURVE TABLE CUM MONS LENGTH 0101A BEARING C11050 DELTA TANGENT C25 25.00' 36.641 547111555E 3137 0.04'4? 2241 026 25.00 46.01' 54734'340 34.62' 11353505 3204' C27 2605 396' 54994541 3136 42'4540 22.02' 025 25.06 33.25 11439535E 30.64' 789525 1939' 629 25.00 36.15 12591141 1111 625438 22.10 C30 25.00 4555' 56745411 3.55 1042509' 3222 001 2605 41.95 8404256.0 37.21' 051114' 27.66' G32 25.05 33.75 52394.38E 31.24 772620 20.0' LOT NUMBER I TRACT NUMBER PRM, 494 CMO OR INC STAMPED 'PRM K0A LB 696' ORAS NOTED PCP, NAIL AND DISC STAMPED - 'PCP KHA LB 694 LOT CORNER 1 SHEET 7 OF 10 44 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA GRAPHIC SCALE 91 FEET 60 05 - OF 1]S00 514"2160 COD 1310D' S2T4533'W (RAO) 9.54100' 0.00342.47. L.3215 01.32.14' 0@.50306086 41-0,00. 0.06111.40 L-73.47. CH -6704. OB -541,4021'E 0.2719.0? L-1199. 0.2'49.0? L-3399. .3204176L -2,t9 PT 4• �L-So�,E 131M W.S HIS2a2 2241' 3-2743'1 1-24.22' 069.4012'[ 1 50' 3118 3216270? L.10.0W \ h,. 6 ' X31 0.11136 l-5.20' W 16 1 16 .321'31]6' L-9.23' 1324.25 L• 44.04' 64.00 5000 _I e SB9.46'lYE 16227 0021031 LAKES AT WATERWAY VILLAGE PO - PLAT 2A-2 RAT BOOK 24 PAGE 74 THIS INSTRUMENT WAS PREPARED BY- - - - E.0 DEMETER PS M 5179, STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 445 24TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON SEPTEMBER 11, 2018 ELEVATION- 2370' NAV0 66 P.O.B. POD NS/P 0,W, COZENER' OF TRACT '052' PB 24, PC 74 LINQSEYBDBDJ1H f7REET) RM TRACT '052 Q PLAT BOOK PAGE CFN CLERK'S FILE NUMBER 515'3709'E 67.15' LAKES AT WATERWAY VILLAGE PD - PLAT 2A-2 PLAT BOOK 28, PAGE 74 WATERAT WAY VILLAGE PO PNT IC LAND USE L.2 ZONING PO LANES AT WATERWAY VILLAGE PODS MAO,' ORTH RELIEF CANAL 49TH ST LANES AT WATERWAY VILLAGE PO LIMES AT WATERWAY VILLAGE PO PLAT 2,1 FUTURE DEVELOPMENT LAND USG LE KEY MAP LEMEI SEBMM8 PLAT BOUNDARY PARCEL UNE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE ROAD CENTER LINE SECTION UNE • - MATCH LINE LOT NUMBER I TRACT NUMBER PRM. 484 CMD OR IRC STAMPED 6 'PRATKHA LEI 6960R AS NOTED PCP, NAIL AND DISC STAMPED' 'POP KRA 18 896 LOT CORNER 6 MINIMA12 DE�LTAA(CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT ARC LENGTH LAE. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS N.R NON -RAD. ORB OFFICIAL RECORDS BOOK P.B. PUT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG PAGE PI POINT OF INTERSECTION POB POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS RAO RADIAL RGE RANGE RIGHT-OF-WAY 660 SEC SECTION TOWNSHIP 100 IRC IRON ROD WITH CAP EL= ELEVATION NAVD 80 NORTH AMERICAN VERTICAL DATUM OF 1988 U E UTILITY EASEMENT W S E WATER AND SEWER EASEMENT WM.E. WATER MANAGEMENT EASEMENT S.M.T. STORMWATER MANAGEMENT TRACT 1 SHEET 8 OF 10 45 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA PLAT BOOK PAGE CFN CLERK'S FILE NUMBER THIS INSTRUMENT WAS PREPARED BY. E.C. DEMETER P.S.M. 5179. STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 415 24TH STREET. SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 ON SEPTEMBER 11.2018 N89Y6121T 1630.68' SUB -LATERAL A-0 CANAL _-LRDEFY ROAD I4%L _ _ • KEY MAP LEAD OF SrA,BOl9 PLAT BOUNDARY PARCEL UNE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE ROAD CENTER LINE SECTION LINE - - MATCH LINE ® LOT NUMBER I TRACT NUMBER PRM, 414 CMD OR IRC STAMPED • "PRM KHA LB 696- OR AS NOTED • PCP. NAIL AND DISC STAMPED - 'PCP KHA LB 896' LOT CORNER G DELTA (CENTRAL ANGLE( CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT ARC LENGTH LA.E. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS N R. NONRAOIAL ORB OFFICIAL RECORDS BOOK P.B. PLAT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG PAGE PI POINT OF INTERSECTION P.OB POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT PONT OF TANGENCY R RADIUS RAD RAD. RGE RANGE RAY RIGHT-OF-WAY SEC SECTION TWP TOWNSHIP IRC IRON ROD WITH CAP EL= ELEVATION NAVD BS' NORTH AMERICAN VERTICAL DATUM OF 1968 U E UTILITY EASEMENT WSE. WATER AND SEWER EASEMENT W M.E. WATER MANAGEMENT EASEMENT SA1T STORMWATER MANAGEMENT TRACT ' SHEET 9 OF 10 46 LAKES AT WATERWAY VILLAGE PD - PODS M,N,O,P BEING A REPLAT OF A PORTION OF TRACTS 1, 2, 3, 6, 7 AND 8, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA THIS INSTRUMENT WAS PREPARED BY. E.C. DEMETER P S M 5179. STATE OF FLORIDA KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 ON SEPTEMBER 11.2018 PLAT BOOK PAGE CFN CLERK'S FILE NUMBER ISLES AT WATERWAY VILLAGE PD PLAT IC UM USE L-2 20NING: PO LANES AT WATERWAY WLLACIE PODS NOi114 RELIEF CANAL UKES AT POO JR LAKES AT WATERWAY VILLAGE PO PLAT 2A -I FUTURE DEVELOPMENT LAND USE: L-2 PO 49TH ST KEY MAP tEMP OF BYABOLB PLAT BOUNDARY PARCEL LINE DRAINAGE EASEMENT LINE UTILITY EASEMENT LINE ROAD CENTER LINE SECTION UNE • — MATCH LINE LOT NUMBER/TRACT NUMBER PRM, 444 CMD OR IRC STAMPED • 'PRM KHA LB 696' ORAS NOTED • PCP, NAIL AND DISC STAMPED' 'PCP KHA LB 696' LOT CORNER AngEgYAMB A DELTA CENTRAL ANGLE) C00090 CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT L ARC LENGTH LAE. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS NR NON -RADIAL ORB OFFICIAL RECORDS BOO( PB. PUT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG PAGE PI POINT OF INTERSECTION P0B. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS RAD. RADIAL RGE RANGE RAN RIGHT -3F -WAY SEC SECTION TMP TOWNSHIP IRC IRON ROO WITN CAP EL= ELEVATION NAVD BB NORTH AMERICAN VERTICAL DATUM OF 1988 U E UTILITY EASEMENT W S E WATER AND SEWER EASEMENT W M E WATER MANAGEMENT EASEMENT STORMWATER MANAGEMENT TRACT I SHEET 10 OF 10 47 Lakes At.Waterway Village PD — Pods M, N, 0, P CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -17-09-06 (2004010124-82753) THIS CONTRACT, made and entered into this /3h3day of February, 2019 by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, owner of the property being platted as Lakes At Waterway Village PD — Pods M, N, 0, P, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded ural the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lakes At Waterway Village PD — Pods M, N, 0, P; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before February 19, 2020, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning 48 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not Tess than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Wells Fargo Bank, N.A., as the underwriting bank, in the amount of $3,044,188.14, which amount is not Tess than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, in an amount of up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time, as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be 2 49 determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and- warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. in no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lakes At Waterway Village PD — Pods M, N, 0, P, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in s 50 any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. sign: print name: L lifffltillallffil 14 APPROVED AS TO FORM AND L AL. UFF I1N DIVOSTA HOMES, L.P.; a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its General Partner Brent Baker, Division President DEVELOPER INDIAN RI COUN LORIDA By: Jason L. Brown CountyAdr�inistrator BY , WILLIAM K. DEBRAAL Authority: Resolution No. 2005-121 DEPUTY COUNTY ATTORNEY COUNTY projected BCC plat approval date: February 19,2019 4 51 r Subdivision Performance Bond Estimate For the Lakes at Waterway Village Plat MNOP EARTHWORK DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE MOBILIZATION 1 LS $ 50,000.00 $ 50,000.00 $ 37,500.00 $ 12,500.00 MOBIUZATION/DEMOBILIZATION 1 LS $ 15,000.00. $ 15,000.00 $ - $ 15,000.00 NPDES 1 LS $ 25,000.00 $ 25,000.00 $ 18,750.00 $ 6,250.00 CLEARING & GRUBBING 58 AC $ 5,000.00 $ 290,000.00 $ 290,000.00 $ - POND AND SITE EXCAVATION 350,000 CY $ 10.00 $ 3,500,000.00 $ 3,150,000.00 $ 350,000.00 PLACE FILL (FROM EXCAVATION/STOCKPILE) 350,000 CY $ 7.00 $ 2,450,000.00 $ 1,837,500.00 $ 612,500.00 FINAL SITE GRADING 280,000 SY $ 0.50 $ 140,000.00 $ 112,000.00 $ 28,000.00 PAD STABILIZATION(SEED) 150,000 SY $ 0.40 $ 60,000.00 $ 48,000.00 $ 12,000.00 BOC STABAUZATION (SOD) 36,000 SF $ 0.20 $ 7,200.00 $ 3,600.00 $ 3,600.00 LAKE BANK STABILIZATION (50D) 450,000 SF $ 0.20 $ 90,000.00 $ 67,500.00 $ 22,500.00 TOTAL $ 6,627,200.00 $ 5,564,850.00 1 $ 1,062,350.00 ROADWAY DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 11/4" ASPHALT (FIRST COURSE) 16,567 SY $ 8.50 $ 140,819.50 $ 126,737.55 $ 14,081.95 1" ASPHALT (FINAL COURSE) 16,567 SY $ 6.00 $ 99,402.00 $ - $ 99,402.00 8" ROCK BASE 5,380 SY $ 12.00 $ 64,560.00 $ 58,104.00 $ 6,456.00 6.5" ROCK BASE 11,405 SY $ 11.00 $ 125,455.00 $ 112,909.50 $ 12,545.50 12" STABIUZED SUBGRADE 16,567 SY $ 2.20 $ 36,447.40 $ 32,802.66 $ 3,644.74 PAVERS 2,176 SF $ 2.50 $ 5,440.00 $ - $ 5,440.00 TYPE "F" CURB 315 LF $ 16.00 $ 5,040.00 $ 4,536.00 $ 504.00 2' VALLEY GUTTER 13,240 LF $ 11.00 $ 145,640.00 $ 131,076.00 $ 14,564.00 TYPE "0" CURB 275 LF $ 11.00 $ 3,025.00 $ 1,512.50 $ 1,512.50 CONCRETE SIDEWALK 7,407 SY $ 18.00 $ 133,326.00 _ $ 99,994.50 $ 33,331.50 SIDEWALK STABILIZATION (2' SOD) 25,000 SF $ 0.20 $ 5,000.00 $ 2,500.00 $ 2,500.00 SIGNAGE AND STRIPING 1 LS $ 8,000.00 $ 8,000.00 $ - $ 8,000.00 TOTAL $ 772,154.90 $ 570,172.71 $ 201,982.19 STORM DRAINAGE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 15" RCP 25 LF $ 30.00 $ 750.00 $ 675.00 $ 75.00 15" HOPE 1,686 LF $ 25.00 $ 42,150.00 $ 37,935.00 $ 4,215.00 18" RCP 1,227 LF $ 34.00 $ 41,718.00 $ 37,546.20 $ 4,171.80 18" HOPE 2,825 LF $ 30.00 $ 84,750.00 $ 76,275.00 $ 8,475.00 18" CAP 140 LF $ 32.00 $ 4,480.00 $ 4,032.00 $ 448.00 24" RCP 26 LF $ 50.00 $ 1,300.00 $ 1,027.00 $ 273.00 36" RCP 549 LF $ 83.00 $ 45,567.00 $ 41,01030 $ 4,556.70 36" HDPE 104 LF $ 75.00 $ 7,800.00 $ 7,020.00 $ 780.00 36" CAP 40 LF $ 88.00 $ 3,520.00 $ 3,168.00 $ 352.00 CATCH BASINS/STORM MANHOLES 36 EA $ 4,000.00 $ 144,000.00 $ 129,600.00 $ 14,400.00 YARD DRAINS 14 EA $ 1,500.00 $ 21,000.00 $ 18,900.00 $ 2,100.00 TESTING 1 LS $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 TOTAL $ 376,035.00 $ 338,288.50 $ 37,746.50 (LC eii5' vrn slec FA' 60, , j3 (J,a EXHIBIT "A" page 1 6123 SANITARY SEWER SYSTEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 8" PVC (SDR 26) 0-6' CUT 651 LF $ 25.00 $ 16,275.00 $ 14,647.50 $ 1,627.50 8" PVC (SDR 26) 6-8' CUT 1,408 LF $ 32.00 $ 45,056.00 $ 40,550.40 $ 4,505.60 8" PVC (SDR 26) 8-10' CUT 1,845 LF $ 37.00 $ 68,265.00 $ 61,438.50 $ 6,826.50 8" PVC (SDR 26) 10-12' CUT 763 LF $ 47.00 $ 35,861.00 $ 32,274.90 $ 3,586.10 8" PVC (SDR 26) 12-14' CUT 491 LF $ 62.00 $ 30,442.00 $ 27,397.80 $ 3,044.20 8" PVC (SDR 26) 14-16' CUT 221 LF $ 93.00 $ 20,553.00 $ 18,497.70 $ 2,055.30 8" PVC (SDR 26) 16-18' CUT 57 LF $ 98.00 $ 5,586.00 $ 5,027.40 $ 558.60 4' DIA. MANHOLE 0-6' DEEP 6 EA $ 4,000.00 $ 24,000.00 $ 21,600.00 $ 2,400.00 4' DIA. MANHOLE 6-8' DEEP 14 EA $ 4,250.00 $ 59,500.00 $ 53,550.00 $ 5,950.00 4' DIA. MANHOLE 8-10' DEEP 11 EA $ 5,000.00 $ 55,000.00 $ 49,500.00 $ 5,500.00 4' DIA. MANHOLE 10-12' DEEP 2 EA $ 6,500.00 $ 13,000.00 $ 11,700.00 $ 1,300.00 4' DIA. MANHOLE 12-14' DEEP 1 EA $ 9,000.00 $ 9,000.00 $ 8,100.00 $ 900.00 4' DIA. DROP MANHOLE 12-14' DEEP 1 EA $ 11,000.00 $ 11,000.00 $ 9,900.00 $ 1,100.00 4' DIA. DROP MANHOLE 16-18' DEEP 1 EA $ 17,000.00 $ 17,000.00 $ 15,300.00 $ 1,700.00 SINGLE SERVICE W/ CLEANOUT 20 EA $ 560.00 $ 11,200.00 $ 10,080.00 $ 1,120.00 DOUBLE SERVICE W/ CLEANOUT 62 EA $ 640.00 $ 39,680.00 $ 35,712.00 $ 3,968.00 TV LINES 5,436 LF $ 4.30 $ 23,374.80 $ 11,687.40 $ 11,687.401 TOTAL $ 484,792.80 $ 426,963.60 $ 57,829.20 POTABLE WATER SYSTEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 8" C-900 WATERMAIN 6,817 LF $ 21.00 $ 143,157.00 $ 128,841.30 $ 14,315.70 8" GV 17 EA $ 1,880.00 $ 31,960.00 $ 28,764.00 $ 3,196.00 FIRE HYDRANT ASSEMBLY 9 EA $ 3,970.00 $ 35,730.00 $ 32,157.00 $ 3,573.00 SAMPLE POINTS 5 EA $ 510.00 $ 2,550.00 $ 637.50 $ 1,912.50 SINGLE WATER SERVICE (1") 20 EA $ 960.00 $ 19,200.00 $ 17,280.00 $ 1,920.00 DOUBLE WATER SERVICE (1.5") 62 EA $ 1,610.00 $ 99,820.00 $ 89,838.00 $ 9,982.00 FITTINGS/BENDS 1 LS $ 20,000.00 $ 20,000.00 $ 18,000.00 $ 2,000.00 TEMPORARY JUMPER 1 EA $ 1,000.00 $ 1,000.00 $ 900.00 $ 100.00 CONNECT TO EXIST. WATERMAIN 2 LS $ 750.00 $ 1,500.00 $ 1,350.00 $ 150.00 TESTING 1 LS $ 2,500.00 $ 2,500.00 $ 625.00 $ 1,875. TOTAL $ 357,417.00 $ 318,392.80 $ 39,024. PERIMETER BERM LANDSCAPE BUFFER DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE TREES GUMBO UMBO 46 EA $ 425.00 $ 19,550.00 $ 5,865.00 $ 13,685.00 JAPANESE BLUEBERRY 165 EA $ 426.00 $ 70,290.00 $ 21,087.00 $ 49,203.00 YAUPON HOLLY 4 EA $ 325.00 $ 1,300.00 $ 390.00 $ 910.00 WAX PRIVIT LIGIUSTRUM 208 EA $ 404.00 $ 84,032.00 $ 25,209.60 $ 58,822.40 D.D. BLANCHARD MAGNOLIA 34 EA $ 585.00 $ 19,890.00 $ 5,967.00 $ 13,923.00 MEDJOOL DATE PALM 3 EA $ 5,840.00 $ 17,520.00 $ 5,256.00 $ 12,264.00 PYGMY DATE PALM TRIPLE TRUNK 2 EA $ 216.00 $ 432.00 $ 129.60 $ 302.40 SOUTH FLORIDA SLASH PINE 107 EA $ 296.00 $ 31,672.00 $ 9,501.60 $ 22,170.40 LIVE OAK (20') 24 EA $ 2,215.00 $ 53,160.00 $ 15,948.00 $ 37,212.00 UVE OAK (12'-14') 432 EA $ 585.00 $ 252,720.00 $ 75,816.00 $ 176,904.00 FLORIDA ROYAL PALM 16 EA $ 1,204.00 $ 19,264.00 $ 5,779.20 $ 13,484.80 SABAL PALM 227 EA $ 296.00 $ 67,192.00 $ 20,157.60 $ 47,034.40 BALD CYPRESS (12') 44 EA $ 296.00 $ 13,024.00 $ 3,907.20 $ 9,116.80 BALD CYPRESS (7'-8') 79 EA $ 181.00 $ 14,299.00 $ 4,289.70 $ 10,009.30 SHRUBS/GROUNDCOVERS SOFT TIPPED AGAVE 4 EA $ 120.90 $ 483.60 $ 145.08 $ 338.52 BEAUTY BERRY 227 EA $ 29.80 $ 6,764.60 $ 2,029.38 $ 4,735.22 GREEN COCOPLUM 711 EA $ 12.95 $ 9,207.45 $ 2,762.24 $ 6,445.22 RED TIP COCOPLUM 2,845 EA $ 7.50 $ 21,337.50 $ 6,401.25 $ 14,936.25 SMALL LEAF CLUSIA 1,278 EA $ 76.35 $ 97,575.30 $ 29,272.59 $ 68,302.71 GREEN ISLAND FICUS 4,628 EA $ 7.50 $ 34,710.00 $ 10,413.00 $ 24,297.00 DWARF FIRE BUSH 0 EA $ 7.15 $ 3.14 $ 0.94 $ 2.20 DWARF SCHILLINGS HOLLY 2,470 EA $ 8.95 $ 22,106.50 $ 6,631.95 $ 15,474.55 page 2 3 PINK MUHLY GRASS 4,587 EA $ 7.50 $ 34,402.50 $ 10,320.75 $ 24,081.75 WILD COFFEE 110 EA $ 7.85 $ 863.50 $ 259.05 $ 604.45 SILVER SAW PALMETTO 431 EA $ 100.60 $ 43,358.60 $ 13,007.58 $ 30,351.02 SANDCORDGRASS 3,576 EA $ 7.15 $ 25,568.40 $ 7,670.52 $ 17,897.88 ORANGE BIRD OF PARADISE 5 EA $ 50.05 $ 250.25 $ 75.08 $ 175.18 FAKAHATCHEE GRASS 9,076 SF $ 7.15 $ 64,893.40 $ 19,468.02 $ 45,425.38 PERIMETER IRRIGATION 1 LS $ 150,000.00 $ 150,000.00 $ 45,000.00 $ 105,000.00 TOTAL $ 1,175,869.74 $ 352,760.92 $ 823,108.82 COMMON AREA AND LAKESHORE LANDSCAPING DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE ST. AUGUSTINE FLORATAM (COMMON AREA) 494,100 SF $ 0.25 $ 123,525.00 $ 37,057.50 $ 86,467.50 ST. AUGUSTINE FLORATAM (LAKE BANK) 113,400 SF $ 0.25 $ 28,350.00 $ 14,175.00 $ 14,175.00 MULCH 2,150 CY $ 20.00 $ 43,000.00 $ 12,900.00 $ 30,100.00 ROOT BARRIER 660 LF $ 18.00 $ 11,880.00 $ 3,564.00 $ 8,316.00 LITTORAL PLANTINGS SPIKERUSH 8,881 EA $ 1.30 $ 11,545.30 $ 5,772.65 $ 5,772.65 BULRUSH 6,586 EA $ 1.30 $ 8,561.80 $ 4,280.90 $ 4,280.90 FIRE FLAG 6,627 EA $ 1.30 $ 8,615.10 $ 4,307.55 $ 4,307.55 WATER LILY 1,512 EA $ 2.50 $ 3,780.00 $ 1,890.00 $ 1,890.00 TOTAL $ 239,257.20 $ 83,947.60 $ 155,309.60 ENGINEERING AND SURVEY DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE ENGINEERING SERVICES 1 LS $ 90,000.00 $ 90,000.00 $ 67,500.00 $ 22,500.00 SURVEY SERVICES 1 LS $ 70,000.00 $ 70,000.00 $ 52,500.00 $ 17,500.00 SET PRM'S, PCP'S, LOT CORNERS 1 LS $ 18,000.00 $ 18,000.00 $ - $ 18,000.00 TOTAL $ 178,000.00 $ 120,000.00 $ 58,000.00 TOTALS $ 10,210,726.64 $ 7,775,376.13 $ 2,435,350.51 % OF TOTAL COMPLETE 76.15% 23.85% PROPOSED BOND AMOUNT (125%) $ 3,044,188.14 Kimley-Horn a , • sociates, Inc. Kinan y, P.E. FL Reg #75481 Kirniep) Horn No. 75481 •I. - * 1. r - - -p Cr' -p '• r •STATE OF % *�'•.FCOM°''.•'•G,`�., ///‘ s II ll/illi1\\\ page 3 of 3 54 Wells Fargo Bank, N.A. U.S, Trade Services Standby tetters of Credit 794. Davis Street, and Floor MACAo283-023, San Leandro, CA 945n-6922 Phone: i(800) 776-3862 Option 2 E Mail: sble-new@wellsfargo.'com Irrevocable Standby Letter Of Credit. Number : IS000074150U Issue bate: February 20, 2019 BENEFICIARY APPLICANT INDIAN. RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27TH STREET VERO BEACH, FLORIDA 32960 Lt I i ER OF CREDIT ISSUE AMOUNT PULTEGROUP, INC. O/B/O DIVOSTA HOMES, L.P. 4400 PGA BLVD, SUITE 700 PALM BEACH GARDENS, FLORIDA 33410 USD 3,044,188.14 EXPIRY DATE MAY 19,'2020 LADIES AND -GENTLEMEN: :BY ORDER OF PULTEGROUP, INC: O/B/O, DIVOSTA HOMES, LP, WELLS FARGO BANK, N.A. HEREBY ESTABLISHES AN IRREVOCABLE LETTER OF CREDIT. NO. IS000074150U IN YOUR FAVOR IN THE AMOUNT OF $3,044,188.14 EFFECTIVE AS OF FEBRUARY 20, 2015, AND EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON MAY 19,.2020. WE. HAVE BEEN INFORMED THAT THIS LEITER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS' BETWEEN DIVOSTA HOMES, LP. AND INDIAN RIVER COUNTY, RELATING TO LAKES AT WATERWAY VILLAGE PD — PODS M, N, 0, P WHICH CONTRACT IS NUMBERED PD -17-09=06 (2004010124-82753). WELLS FARGO BANK, N.A. SHALL MAKE FUNDS AVAILABLE.UNDER THIS CREDIT TO YOU NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF THIS CREDIT AGAINSTYOURSIGHT DRAFT TO US MENTIONING THIS LETTER OF CREDIT NO. IS000074150U, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURESOF THE COUNTY ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HER DESIGNEE, STATING THAT DIVOSTA HOMES, L.P. HAS DEFAULTED UNDERTHETERMS OF THE AFOREMENTIONED CONTRACT FOR.CONSTRUCTION OF REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR THE CONSTRUCTION OF REQUIRED IMPROVEMENTS. DRAFTS. PRESENTED FOR PAYMENT UNDERTHE CREDIT SHALL BE MARKED, "DRAWN ON IRREVOCABLE LETTER OF CREDIT NO. 150000741150U OF WELLS FARGO BANK, N.A." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT I5 REFERRED TO OR TQ WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. Together we'll go far Page 1 of 2 Each page of this document is an integral part of this Irrevocable Standby Letter of Credit Number I5000074150U WE HEREBY AGREE WITH YOU THAT YOUR SIGHT DRAFT(S) AND LETTER AS MENTIONED ABOVE SHALL BE DULY HONORED AND PAYMENT MADE UPON DUE PRESENTATION AT OUR OFFICE LOCATED AT THE ABOVE ADDRESSOR BY FACSIMILE TRANSMISSION SPECIFIED BELOW ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR.ANY EXTENDED EXPIRY DATE IF APPLICABLE. PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LE I I ER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT 7.94 DAVIS STREET, 2ND FLOOR, MAIL CODE A0283-023, SAN LEANDRO, CA 94577-6922, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRATION DATE. ALTERNATIVELY, DRAWINGS MAY ALSO BE PRESENTED TO US BY FACSIMILE TRANSMISSION TO FACSIMILE NUMBER 844-879-5593 (EACH SUCH DRAWING, A "FAX DRAWING"); PROVIDED, HOWEVER, THAT A FAX DRAWING WILL NOT BE EFFECTIVELY PRESENTED UNTIL YOU CONFIRM BY TELEPHONE OUR RECEIPT OF SUCH FAX DRAWING. BY CALLING US AT TELEPHONE NUMBER 1-800-776-3862 OPTION 2. IF YOU PRESENT A FAX DRAWING UNDER THIS LETTER OF CREDIT YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY DRAWING DOCUMENTS, AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT BE EXAMINED BY US. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LEI 1 ER OF CREDIT MUST BE RETURNED TO US BY OVERNIGHT COURIER. ANY CHANGE IN FAX NUMBER, PHONE NUMBER, OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING TO THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT 15 SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA AND THE INTERNATIONAL STANDBY PRACTICE 1998 INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (ISP98) AND, IN THE EVENT OF ANY CONFLICT, THE JURISDICTION IS IN FLORIDA, AND THE LAWS OF THE STATE OF FLORIDA WILL CONTROL. • VeryTrulyir...4 .'•'.1NELL5 FARGO BANK, N.A. f4 Aufhb zed Signature The.iiriginal-of theLetter of Credit contains an embossed seal over the Authorized Signature. • Please direct' any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Welis Fargo Bank, National Association, Attn: U.S. Standby Trade Services at either' 794 Davis Street, 2nd Floor MAC A0283-023; San Leandro, CA 94577-6922 401 N. Research Pkwy, 1st Floor MAC D4004-017, WI NSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-776-3862 Option 2 1-800-776-3862 Option 2 (Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:00 p.m. EST) Together we'll go far Paget of 2 Each page of this multipage document is an Integral part of this Irrevocable Standby Letter of Credit. Number IS000074150U INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director AND James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: David W. Schryver, PSM, County Surveyor SUBJECT: Work Order No. 2 to CivilSury Design Group, Inc. 101st Avenue Widening (87th Street to CR 512) IRC -1902 DATE: February 12, 2019 DESCRIPTION AND CONDITIONS On October 04, 2016 the Board of County Commissioners approved the Continuing Contract for Professional Survey & Mapping Services with CivilSury Design Group, Inc. In accordance with that Agreement, and the Renewal of said Agreement dated September 18, 2018, CivilSury Design Group, Inc. will provide professional surveying services for this project. The purpose of Work Order No. 2 is to provide Professional Surveying services for the preparation of a topographic route survey of a portion of 101St Avenue, extending from 87th Street to CR 512. The topographic route survey will be utilized in the preparation of Engineering Design plans for roadway, drainage and sidewalk improvements along the referenced corridor. CivilSury Design Group, Inc. submitted the proposal outlined in the attached Work Order No. 2 and Scope of Services (Exhibit A) for a lump sum amount of $22,950.00. FUNDING Funding for Work Order No. 2 is budgeted and available from Secondary Roads/Annual Survey Services/ Account. No. 10921441-033490-05007 in the amount of $22,950.00. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. 2 with CivilSury Design Group, Inc. for a lump sum amount of $22,950.00 and authorize the Chairman to execute Work Order No. 2. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380E166F\@BCL@380E166F.doc 57 PAGE TWO Work Order NO. 2 — CivilSury Design Group, Inc. For March 5th, 2019 BCC Meeting ATTACHMENTS Work Order No. 2 Scope of Services (Exhibit A) AGENDA ITEM FOR MARCH 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@380E166F\@BCL@380E166F.doc 58 WORK ORDER NO. 2 101ST AVENUE WIDENING (87th Street to CR 512) IRC -1902 This Work Order Number 2 is entered into as of this day of , 2019, pursuant to that certain Annual Professional Surveying and Mapping Services Master Agreement dated October 04, 2016 and that certain Renewal of Annual Professional Surveying and Mapping Agreement dated September 18, 2018, collectively referred to as the "Agreement" by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CIVILSURV DESIGN GROUP, INC. ("SURVEYOR"). The COUNTY has selected the SURVEYOR to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order No. 2, and made part hereof by this reference. The professional services will be performed by the SURVEYOR for the fee schedule set forth in Exhibit A (CivilSury Design group, Inc. Proposal, dated January 23, 2019), attached to this Work Order and made a part hereof by this reference. The SURVEYOR will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CIVILSURV DESIGN GROUP, INC. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: —_ Print Name dff W4, : Z) Title: 1.2T dT >dt ily) By: Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 59 January 23, 2019 Via e-mail: dschryver@ircgov.com David W. Schryver, P.S.M. County Surveyor, Engineering Division Indian River County 1801 27th Street (Building A) Vero Beach, FL. 32960 (772) 226-1386 CIvILSUT A Tradition of Innovative Engineering EXHIBIT A RE: 101st Avenue, Vero Lakes Estates Thank you very much for your request. In accordance with your request CivilSury Design Group, Inc. is pleased to provide a proposal for a Topographic Survey for the Right -of -Way of 101st Avenue and the intersecting streets from C.R. 512, south to 87th Street. The Topographic Survey shall adhere to the Standards of Practice as set forth by the Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code. The Topographic Survey shall depict the following: Horizontal datum shall be based on the East Zone of the Florida State Plane Coordinate System. 1) Have 2 vertical control points per block for future construction. Vertical datum will be dependent on nearest vertical control to project. 2) Spot elevations at 50' intervals including intermediate highs and lows, ditches, Etc. 3) Spot elevations utilizing a 50' grid. 4) All above ground improvements and Underground Utilities as marked by a Utility Locating Service. 5) Prepare the Survey in AutoCAD Civil 3D Version 2013 or newer with 1' contours. 6) Cross Section the ditches at 93rd Street and 89th Street with 50' Sections, 200' East and West of 101St Avenue Right -of -Way. 7) Obtain centerline of ditch elevations along the rear of the lots adjacent to 101st Avenue at 100' intervals more or less. 8) Total linear feet of the project consist of 5,200'+- along 101st Ave., 8 intersections extending 200' East and 200' West, 2,400'+- and 10,400' of adjacent ditches. The Topographic Survey will include the entire Right -of -Way plus 10' beyond of 101st Avenue from the North Right -of -Way line of C.R. 512 South to 50' south of 87th Street. The survey of the eight (8) intersections shall extend outwards approximately 200' East and West of the Right-of-way of 101st Avenue. I anticipate the following man hour utilization; 60 Hours 3 Person Survey crew ($150.00) $9,000.00 44 Hours 2 Person Survey Crew ($120.00) $5,280.00 40 Hours Survey TechT ($115A0)"$4;600 00 -- 20 Hours P.S.M. ($175.00) $3,500.00 3 Hours Director ($190.00) $570.00 The Lump sum fee for Topographic Survey is $22,950.00 Deliverables will include four (4) original signed and sealed drawings of the Topographic Survey as well as a PDF file and AutoCAD digital file. Please feel free to contact me anytime if you have any questions. I anticipate this project to take six weeks to complete. Sincerely, CivilSury Design Group, Inc. ,eft Wor Director of Surveying and Mapping E-mail: sworack@civilsurv.com 2525 Drone Field Road 1 Suite 7 1 Lakeland. Florida 33811 Accepted: Name: Date: v✓ww.CivilSurv.com Small Business Enterprise p. 863-646-4771 1 f. 863-646-3378 1 toll free 866-397-4771 60 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 21, 2019 SUBJECT: Request for Authorization for the Board Chairman to Sign a Department of Economic Opportunity/Indian River County Housing Rehabilitation Community Development Block Grant (CDBG) Agreement It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 2019. BACKGROUND On July 10, 2018, the Board of County Commissioners (BCC) authorized the Community Development Director to submit a Community Development Block Grant (CDBG) application in the Housing Rehabilitation category to the Florida Department of Economic Opportunity for its consideration. Since then, county staff and Guardian Community Resource Management, Inc., the county's prior CDBG grant administration consultant that agreed to prepare the grant application at no cost to the County, prepared the proposed Housing Rehabilitation CDBG application, and the Board approved its transmittal to DEO for consideration. Recently, DEO notified staff that Indian River County's CDBG application for Housing Rehabilitation funding in the amount of $750,000 was approved. On February 15, 2019, DEO sent the County a proposed DEO/Indian River County CDBG agreement. That agreement, once executed, will constitute a contract between DEO and the County, setting forth each party's responsibility with respect to grant implementation. Associated with this CDBG housing grant, staff has prepared a separate BCC agenda item for a contract with the selected consultant, Guardian Community Resource Management, Inc., for grant administration services. 61 At this time, the Board of County Commissioners is to consider authorizing the chairman to execute the DEO/Indian River County CDBG agreement (Attachment 1) and to authorize staff to transmit the signed copies to DEO. ANALYSIS The DEO/Indian River County CDBG agreement is a standard legal document detailing the applicable state and federal regulations and department rules that govern how CDBG grants are to be administered. As a condition to receiving funds from the state, the County must agree to follow those regulations and rules. As provided for in the grant, the County will hire a consultant for grant administrative services, including services to ensure compliance with applicable CDBG regulations and rules. FUNDING: The total amount of Housing Rehabilitation CDBG funding allocated to the County is $750,000. The County has committed an additional $50,000 in a local funding match from the County's State Housing Initiative Partnership program. Of the total $750,000 in grant funds, up to $112,500 may be used for grant administration expenses. The remaining $637,500 must be used to rehabilitate or replace deteriorated housing within the unincorporated areas of the County of low and moderate income households. The grant revenue and expenses will be funded by a budget amendment posted in Fund 129/Project 19802/CDBG/CDBG Grant # 19DB-ON-10-40-01-H03. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the attached resolution authorizing the chairman to execute the DEO/Indian River County CDBG contract and other documents required for Indian River County to enter into the contract, and grant authority to the Community Development Director or his designee to execute documents related to the administration of the CDBG; and 2. Authorize staff to transmit the signed copies of the agreement to DEO. ATTACHMENT 1. Copy of the DEO/Indian River County Housing Rehabilitation CDBG Agreement 2. Resolution for executing the DEO/Indian River County CDBG Agreement and related grant administration documents 3. Indian River County Grant Form F:\Community Development\CDBG\2017-18 CDBG\BCC Items\DEO Grant Agreement Agenda Item\BCC Agenda item - CDBG Contract.docx 62 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Subgrant Contract Number: 19DB-ON-10-40-01-H03 FLAIR Contract Number: H2378 CFDA Number: 14.228 State of Florida Department of Economic Opportunity Federally -Funded Subgrant Agreement — FFY 2017 Funding Cycle THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as "DEO"), and Indian River County, hereinafter referred to as the "Recipient" (each individually a "Party" and collectively "the Parties"). THIS AGREEMENT IS EN I FRED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, The U.S. Department of Housing and Urban Development (HUD) administers the Small Cities Community Development Block Grant (CDBG) Program at the Federal level and distributes CDBG grant funds to the states. The State of Florida has received these grant funds from HUD. WHEREAS, DEO is the CDBG grantee agency for the State of Florida, designated to receive funds annually for program purposes. DEO is authorized to distribute CDBG funds to the Recipient so that the Recipient may develop and preserve affordable housing, provide services to communities, and create and retain jobs. WHEREAS, Pursuant to the requirements of Title 2, Code of Federal Regulations ("C.F.R."), part 200 and 24 C.F.R. § 570.500, the Recipient is a Subrecipient of federal funds, and is qualified and eligible to receive these subgrant funds in order to provide the services identified herein. NOW THEREFORE, DEO and the Recipient agree to the following: (1) Scope of Work. The Scope of Work for this Agreement includes Attachment A, Project Detail Budget and Deliverables, Attachment B, Project Narrative, and Part 6 and Appendix A from Part 9 of the Recipient's Florida Small Cities CDBG FFY 2017 Application for Funding submitted by the Recipient on August 9, 2018. (2) Incorporation of Laws, Rules, Regulations, and Policies. The Recipient agrees to abide by all applicable State and Federal laws, rules, and regulations, including but not necessarily limited to, the Federal laws and regulations set forth at Subpart K of 24 C.F.R. (except that the Recipient does not assume DEO's responsibilities described at § 570.604 and the Recipient does not assume DEO's responsibility for initiating the review process under the provisions of 24 CFR part 52); and chapter 73C-23, Florida Administrative Code (F.A.C.), Effective: May 27, 2018. (3) Period of Agreement. This Agreement begins on December 10, 2018, (the "Effective Date") and ends on June 9, 2021, unless otherwise terminated as provided in this Agreement. DEO shall not grant any extension of this Agreement unless the Recipient provides justification satisfactory to DEO in its sole discretion, and DEO's Director of the Division of Community Development approves such extension. The justification must document that project delays are due to events beyond the Recipient's control, and include a performance plan that demonstrates the Recipient's capacity to perform and complete the remaining project tasks within the extension period. DEO will also take into consideration the Recipient's progress and verifiable achievements at DEO's sole and absolute discretion. Upon expiration or termination of this Agreement, the Recipient shall follow the agreement closeout procedures set forth in Attachment H. 63 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (4) Modification of Agreement. (a) Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Recipient, including any request using form SC -44, constitutes a request to negotiate the terms of this Agreement and DEO may accept or reject any proposed modification based on DEO's determination, and in its sole discretion, that any such acceptance or rejection is in the State's best interest. (b) When requesting a modification, the Recipient shall electronically submit the following documents to DEO: 1. A cover letter signed by the Recipient's Chief Elected Official or by a duly -authorized Recipient's employee, officer, or board member, as evidenced by a written resolution or similar document. The letter must describe the need for the proposed changes and the effect that they will have on the project. If the modification requests a time extension, the letter must provide the justification for the extension; 2. A draft copy of the Modification to the Subgrant Agreement, Form SC -44; 3. If there are changes to the subgrant budget or the number of beneficiaries or accomplishments, a draft copy of the Request to Modify Agreement, Form SC -35, and a copy of Attachment A - Project Detail Budget and Deliverables; 4. If there are budget changes involving non-CDBG funds, a draft copy of Sources and Uses of Funds, Form SC -36; 5. If there are changes to the timeline, accomplishments or the line item budget, draft copies of the Attachment C - Activity Work Plan pages; 6. If there are changes to the number of beneficiaries or accomplishments, including Unaddressed Need being added to the Agreement as Addressed Need, a copy of the Attachment B - Project Narrative; 7. If there is a change in the location of an activity, a copy of a revised map from the Application for Funding indicating the proposed changes; 8. If the changes being requested in the modification required that a public hearing be held, copies of the public hearing notice and the minutes from the hearing; and 9. For Economic Development subgrants, if a new Participating Party is being added to the Agreement, a copy of the Participating Party Agreement signed by the Recipient and the Participating Party. (c) DEO will review the modification request, and if DEO approves the request, at DEO's sole and absolute discretion, then DEO shall transmit electronically the modification documents to the Recipient. The modification documents must be signed by the Recipient's Chief Elected Official or by a duly -authorized Recipient's employee, officer, or board member, as evidenced by a written resolution or similar document. The Recipient shall return three signed original modifications to DEO via regular mail for DEO's review and signature. (5) Records. (a) The Recipient's performance under this Agreement shall be subject to 2 C.F.R. part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the Federal government and their duly authorized representatives shall have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Recipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Recipient will provide a financial and compliance audit to DEO, if applicable, and ensure that all related party transactions are disclosed to the auditor. 2 64 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (e) The Recipient shall retain sufficient records on-site to show its compliance with the terms of this Agreement, and the compliance of all subrecipients, contractors, subcontractors, and consultants paid from funds under this Agreement, for a period of six years from the date DEO issues the final closeout (as defined in rule 73C-23.0031(14), F.A.C.) for this award. The Recipient shall ensure that audit working papers are available upon request for a period of six years from the date this Agreement is final closed, unless extended in writing by DEO. The six-year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the six-year period expires, and extends beyond the sixyear period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for six years after final disposition. 3. Records relating to real property acquired shall be retained for six years after the closing on the transfer of title. (f) The Recipient shall maintain all records and supporting documentation for the Recipient and for all subrecipients, contractors, subcontractors, and consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of Work and all other applicable laws and regulations. (g) The Recipient shall either (i) maintain all funds provided under this Agreement in a separate bank account (the Recipient shall maintain all funds advanced under this Agreement in a separate bank account) or (ii) the Recipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement (this option is not allowed for advanced funds). There shall be no commingling of funds provided under this Agreement with any other funds, projects, or programs. "Commingling" of funds is distinguishable from "blending" of funds, which is specifically allowed by law. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, in Subparagraph (19)(e), Repayments. (h) The Recipient, its employees or agents, including all subrecipients, contractors, subcontractors, and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the Federal government and their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. (i) The Recipient shall include the aforementioned audit and record keeping requirements in all approved subrecipient subcontracts and assignments. (6) Audit Requirements. (a) The Recipient shall conduct a single or program -specific audit in accordance with the provisions of 2 C.F.R. part 200 if it expends $750,000 or more in Federal awards from all sources during its fiscal year. (b) The requirements listed in Attachment J, Part II: State Funded, are not applicable to this subgrant agreement, which is a Federal pass-through award. (c) Within 60 calendar days of the close of the fiscal year, on an annual basis, the Recipient shall electronically submit a completed Audit Compliance Certification, a blank version of which is attached hereto as Attachment K, to audit@deo.myflorida.com. The Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Recipient. This form is in addition to the Audit Certification Memo, Form SC -47, that must be sent to DEO if an audit is not required because the local government spent less than $750,000 in Federal funds during the fiscal year. (d) In addition to the submission requirements listed in Attachment J, the Recipient should send an electronic copy of its audit report or an Audit Certification Memo, Form SC -47, by June 30 following the end of each fiscal year 3 65 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C in which it had an open CDBG subgrant to the grant manager listed in Paragraph (14) Notice and Contact. The forms referenced in this Agreement are available online at www.FloridaJobs.org/CDBGRecipientInfo or upon request from the grant manager listed in Paragraph (14) Notice and Contact. (7) Reports. The Recipient shall provide DEO with all reports and information as set forth in Attachment H. The quarterly and administrative closeout reports must include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement. The Recipient shall provide any additional program updates or information upon request by DEO. If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are properly completed, or DEO may take other action as stated in Paragraph (11) Remedies or otherwise allowable by law. (8) Monitoring. (a) The Recipient shall monitor its performance under this Agreement, including the performance of any subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that the project activities are being accomplished within the specified time periods included in Attachment C - Activity Work Plan and that other performance goals are being achieved. The Recipient shall perform a review for each function or activity in Attachment A - Project Detail Budget and Deliverables and Attachment C - Activity Work Plan, and shall include the results in the quarterly report. (b) In addition to reviews of audits conducted in accordance with Paragraph (6) Audit Requirements, monitoring procedures may include, but are not limited to, on-site visits by DEO staff and limited scope audits. The Recipient shall comply and cooperate with any monitoring deemed appropriate by DEO. If DEO determines a limited scope audit of the Recipient is appropriate, the Recipient shall comply with any additional instructions provided by DEO to the Recipient regarding such audit. The Recipient shall comply and cooperate with any inspections, reviews, investigations, audits, or hearings deemed necessary by HUD, the Comptroller General of the United States, the Florida Chief Financial Officer, or Auditor General, in accordance with section 20.055(5), Florida Statutes (F.S.), or any Federal Office of the Inspector General. (c) DEO shall monitor the Recipient's performance through desk monitorings and on-site monitoring visits. The Recipient shall always and contemporaneously maintain at Recipient's work sites and make available to DEO immediately upon DEO's request all Subgrant's records and documentation, including but not limited to: all Recipient's consultants' work products produced in contemplation of this Agreement for Recipient's Application and pertinent to this Agreement and its implementation. The Recipient shall supply data and make records available as necessary for DEO staff to complete an accurate evaluation of contracted activities. DEO will issue a monitoring report to the Recipient after each monitoring event. The Recipient shall reply in writing to any monitoring findings or concerns that require a response within 45 days of its receipt of DEO's monitoring report. DEO will clear any findings or concerns in writing once the Recipient has successfully addressed them. DEO will reject a Recipient's financial reimbursement request if a required response to a monitoring report is late. (9) Liability. (a) If the Recipient is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) The Recipient is solely responsible to the parties it deals with in carrying out the terms of this Agreement, and shall hold DEO harmless against all claims of whatever nature by third parties arising from the work and services performed under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an employee or agent of DEO, but is an independent contractor. (c) If the Recipient is a state agency or subdivision, as defined in section 768.28, F.S., then the Recipient agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees 4 66 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S. Nothing herein is intended to serve as a waiver of sovereign immunity by the Recipient if sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any agreement, subrecipient agreement, contract, or subcontract. (10) Events of Default. If any of the following events occur ("Events of Default"), DEO may, in its sole discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies set forth in Paragraph (11) Remedies, or pursue any remedy at law or in equity, without limitation. DEO may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in the Recipient's Application for Funding, this Agreement, or any previous agreement with DEO is or becomes false or misleading in any respect, notwithstanding any knowledge on the part of DEO of any untruth of any such representation or warranty, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If any material adverse change occurs in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within 30 calendar days from the date written notice is sent by DEO; (c) If the Recipient fails to submit any required report, or submits any required report with incorrect, incomplete, or insufficient information, or fails to submit additional information as requested by DEO; or (d) If the Recipient has failed to perform, or timely complete, any of its obligations under this Agreement, including attending DEO's Implementation Workshop. (11) Remedies. If an Event of Default occurs, then DEO shall, upon 30 calendar days written notice to the Recipient and upon the Recipient's failure to cure within those 30 calendar days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon 24-hour written notice from the date notice is sent by DEO, in conformity with Paragraph (14) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand that the Recipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule, or regulation governing the use of the funds; or (e) Exercise any corrective or remedial actions, including but not limited to: 1. Request additional information from the Recipient to determine the reasons for or the extent of noncompliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; or 3. Advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question. (f) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement, or failure to insist upon strict performance by DEO will not affect, extend, or waive any other right or remedy available to DEO, or affect the later exercise of the same right or remedy by DEO for any other default by the Recipient. Dispute Resolution. (12) Disputes concerning the performance of the Agreement shall be decided by DEO, which shall reduce the decision to writing and serve a copy on the Recipient. The decision will be final and conclusive unless within 21 days from the date of receipt, 5 67 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C the Recipient files a petition for administrative hearing with DEO. DEO's decision on the petition shall be final, subject to the Recipient's right to review pursuant to chapter 120, F.S. Exhaustion of administrative remedies is an absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in chapter 120, F.S. (13) Termination. (a) DEO may suspend or terminate this Agreement for cause upon 24-hour written notice, from the date notice is sent by DEO. Cause includes, but is not limited to the Recipient's: improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies or directives, or laws; failure, for any reason, to timely and/or properly perform any of the Recipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect; and refusal to permit public access to any document, paper, letter, or other material subject to disclosure under law, including chapter 119, F.S., as amended. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may terminate this Agreement, in whole or in part, for convenience by providing the Recipient 14days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. The Recipient shall continue to perform any work not terminated. The Recipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing, agreed upon by the Parties. The termination must include the effective date of the termination. (d) If this Agreement is terminated, the Recipient shall not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after the Recipient's receipt of the termination notice. The Recipient shall not be relieved of liability to DEO because of any breach of the Agreement by the Recipient. DEO may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due DEO from the Recipient is determined. (e) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (14) Notice and Contact. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of the grant manager for this Agreement is: Ginger Waters, Government Operations Consultant II Florida Small Cities CDBG Program Department of Economic Opportunity 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 Telephone: (850) 717-8410 — Fax: (850) 922-5609 Email: Ginger.Waters@deo.myflorida.com deo.myforida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Bill Schutt, Senior Economic Development Planner Indian River County 6 68 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 1801 27th Street Vero Beach, Florida, 32960 Telephone: (772) 226-1243 - Fax: (772) 978-1806 Email: bschutt@ircgov.com (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (14)(a) above. (15) Contracts. (a) Jf the Recipient contracts any of the work required under this Agreement, a copy of the proposed contract, and any proposed amendments, extensions, revisions or other changes thereto, must be forwarded to DEO for prior written approval. For each contract, the Recipient shall report to DEO as to whether that contractor, or any subcontractors hired by the contractor, is a minority vendor, as defined in section 288.703, F.S. Documentation must also be maintained on-site by the subgrant Recipient. The Recipient shall include the following conditions in any contract: 1. that the contractor is bound by the terms of this Agreement; 2. that the contractor is bound by all applicable State and Federal laws, rules, and regulations; 3. that the contractor shall hold DEO and the Recipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; 4. provisions addressing bid, payment, and performance bonds, if applicable, and liquidated damages. The Recipient shall document in the quarterly report the contractor's progress in performing its work under this Agreement; and 5. the contractor shall include the foregoing provisions in any contract for the performance of any work contemplated by this Agreement. (b) For any contract that the Recipient executes for administrative services with a consultant that produced work products in contemplation of this Agreement for Recipient's Application and pertinent to this Agreement and its implementation, the Recipient shall include the following conditions: 1. that all original income survey forms shall be turned over to the Recipient; and 2. that copies of any spreadsheets produced to compile survey results shall be given to the Recipient. (16) Terms and Conditions. This Agreement, and the attachments and exhibits hereto, contains all the terms and conditions agreed upon by the Parties with respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. If a court of competent jurisdiction voids or holds unenforceable any provision of this Agreement, then that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. (17) Attachments. (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A — Project Detail Budget and Deliverables Attachment B — Project Narrative 7 69 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment C — Activity Work Plan Attachment D — Program and Special Conditions Attachment E — Category Specific Conditions for Housing Rehabilitation Attachment F — State and Federal Statutes, Regulations, and Policies Attachment G — Civil Rights Requirements Attachment H — Reports Attachment I — Warranties and Representations Attachment J — Audit Requirements Exhibit 1 to Attachment J — Funding Sources Attachment K — Audit Compliance Certification (18) Funding/Consideration. (a) The funding for this Agreement shall not exceed $750,000, subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with chapter 216 F.S., or the Florida Constitution. (b) DEO will provide funds to the Recipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA") through DEO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions, or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, the Recipient agrees to comply with all terms, conditions, assurances, restrictions, or other instructions listed in the NFA. (c) The Recipient hereby certifies to DEO that written administrative procedures, processes, and fiscal controls are in place for the operation of its CDBG program for which the Recipient receives funds from DEO. The written administrative procedures, processes, and fiscal controls described in this paragraph must, at minimum, comply with applicable state and federal law, rules, regulations, guidance, and the terms of -this Agreement. DEO has included, and the Recipient shall perform, any necessary special conditions added to Attachment D by DEO, where DEO's grant manager determined at the site visit that any of the Recipient's procedures were deficient. (d) The Recipient shall expend funds only for allowable costs and eligible activities, and in accordance with the Scope of Work. (e) The Recipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Recipient set forth on the SERA Access Authorization Form, provided by DEO, must approve the submission of payment requests on behalf of the Recipient. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer, or under Subparagraph (20)(i), Mandated Conditions, of this Agreement, all obligations on the part of DEO to make any further payment of funds will terminate, and the Recipient shall submit its administrative closeout report and subgrant agreement closeout package within 30 calendar days of receiving notice from DEO. (h) The Recipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by the Recipient to complete any Project Implementation Deliverables listed in Attachment B. The Recipient shall send a representative, either an employee or an elected official, to DEO's Implementation Workshop for the funding cycle so that it learns its responsibilities under the Agreement. DEO shall reimburse the travel costs of the representative in accordance with section 112.061, F.S. Failure to send a representative to the Implementation Workshop is an Event of Default as set forth in Paragraph (10) Events of Default. (19) Repayments. 8 70 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (a) The Recipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. The Recipient shall ensure that its subrecipients, contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Pursuant to 24 C.F.R. § 570.489(b), the Recipient may request reimbursement for eligible application preparation costs that were listed in the Recipient's Application for Funding. (b) In accordance with section 215.971, F.S., the Recipient shall refund to DEO any unobligated funds which have been advanced or paid to the Recipient. (c) The Recipient shall refund to DEO any funds paid in excess of the amount to which the Recipient or its contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement. (d) The Recipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 C.F.R. § 570.483(b), (c) and (d); provided however, the Recipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion, determines the Recipient is at fault for the ineligibility of the activity in question. (e) The Recipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Recipient, within 30 calendar days after DEO has notified the Recipient of such non-compliance. (f) In accordance with section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Recipient shall pay to DEO a service fee of $15.00 or five percent of the face amount of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 (20) Mandated Conditions. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in its Application for Funding, in this Agreement, in any later submission or response to a DEO request, or in any submission or response to fulfill the requirements of this Agreement. All said information, representations, and materials are incorporated by reference. DEO may terminate this Agreement upon 24 -hours written notice if any information, representation, or material submitted by the Recipient is inaccurate or false. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. If any provision of this Agreement conflicts with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from, and shall not invalidate, any other provision of this Agreement. (c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. § 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (§§ 760.01 — 760.37, F.S.), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (f) Pursuant to section 287.133(2)(a), F.S., a person or affiliate, as defined in section 287.133(1), F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a 9 71 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of $35,000 for a period of 36 months following the date of being placed on the convicted vendor list. The Recipient warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (g) Pursuant to section 287.134(2)(a), F.S., an entity or affiliate, as defined in section 287.134(1), who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The Recipient warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Recipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (h) If the Recipient is not a local government or state agency and it receives funds under this Agreement from the Federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any offenses enumerated in Subparagraph (20)(h)2., Mandated Conditions, of this Agreement; and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (Federal, State or local) terminated for cause or default. 5. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send a completed Form SC -37, Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions), to DEO for each contractor, and a completed Form SC -38, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Subcontractor), to DEO for each subcontractor. A completed Form SC -37 must be received by DEO before the Recipient enters into a contract with the respective contractor, and a completed Form SC -38 must be received by DEO before a contractor enters into a subcontract with the respective subcontractor. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted and reimbursed in accordance with section 112.061, F.S., the rules promulgated thereunder, and 2 C.F.R. § 200.474. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to DEO or be applied against DEO's obligation to pay the Agreement award amount. (1) The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, F.S. (m) The Recipient shall comply with section 519 of Public Law 101-144 and section 906 of Public Law 101-625 by having, or adopting within 90 days of execution of this Agreement, and enforcing, the following: 10 72 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement the Recipient shall transfer to DEO any CDBG funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG funds. (o) Any real property under Recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or 2. If not used to meet a national objective, Recipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for the acquisition or improvement of the property, for five years after expiration or termination of this Agreement. (21) Lobbying Prohibition. (a) No funds or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; and 3. The Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Paragraph (21), above. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) Copyright, Patent, and Trademark. (a) Any and all patent rights accruing under or in connection with the performance of this agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by the Recipient to the State of Florida. (b) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (c) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, 11 73 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (23) or other copyrightable material are produced, the Recipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (d) Within 30 calendar days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre=existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of the Agreement. Legal Authorization. (a) The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient certifies that the undersigned person has the authority to legally execute and bind the Recipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind the Recipient to this Agreement as of the date of execution; any such documentation is incorporated herein by reference. (b) The Recipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, investigation, or any other legal or financial condition that would in any way prohibit, restrain, or diminish the Recipient's ability to satisfy its Agreement obligations. The Recipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of the Agreement. (24) Public Record Responsibilities. (a) In addition to the Recipient's responsibility to directly respond to each request it receives for records made or received by the Recipient in conjunction with this Agreement and to provide the applicable public records in response to such request, the Recipient shall notify DEO of the receipt and content of such request by sending an email to PRRequest@deo.myflorida.com within one business day from receipt of such request. (b) The Recipient shall keep and maintain public records, on-site as required by DEO, to perform the Recipient's responsibilities hereunder. The Recipient shall, upon request from DEO's custodian of public records, provide DEO 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 by chapter 119, F.S., or as otherwise provided by law. The Recipient shall allow public access to all documents, papers, letters or other materials made or received by the Recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. For records made or received by the Recipient in conjunction with this Agreement, the Recipient shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for records that are public records, as public records are defined in section 119.011, F.S., the Recipient shall be responsible for providing such public records per the cost structure provided in chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by the Recipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Recipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, the Recipient is a "contractor" as defined in section 119.0701(1)(a), F.S. ("Recipient -contractor"), the Recipient -contractor shall transfer to DEO, at no cost to DEO, all public records upon completion including termination, of this Agreement, or keep and maintain public records required by DEO to perform the service. If the Recipient -contractor transfers all public records to the public agency upon completion of the Agreement, the Recipient -contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient -contractor keeps and maintains public records upon completion of the Agreement, the Recipient -contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to DEO, upon request from DSO's custodian of public records, in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request, DEO shall notify the Recipient - contractor of the request as soon as practicable, and the Recipient -contractor must provide the records to DEO or allow 12 74 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C the records to be inspected or copied within a reasonable time. If the Recipient -contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. A Recipientcontractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under section 119.10, F.S. (1) The Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72 chronological hours if any data in the Recipient's possession related to this Agreement is subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. The Recipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the data subject's privacy. (g) The Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public records and that reports, invoices, and other documents the Recipient submits to DEO under this Agreement constitute public records under Florida Statutes. The Recipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of chapter 119, F.S. (h) If the Recipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by the Recipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to submittal of the record to DEO serves as the Recipient's waiver of a claim of exemption. The Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Recipient -contractor does not transfer the records to DEO upon completion, including termination, of the Agreement. (i) IF THE RECIPIENT -CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT -CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequest@deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, the Recipient shall be fully liable for the actions of its agents, employees, partners, subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Recipient, its agents, employees, partners, subrecipients, contractors, or subcontractors, provided, however, that the Recipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but the not obligation, to enforce this indemnification provision. (k) DEO does not endorse any Recipient, commodity, or service. No public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of DEO. The Recipient is prohibited from using Agreement information, or DEO customers in sales brochures or other promotions, including press releases, unless prior written approval is obtained from DEO. (1) The Recipient shall comply with the requirements set forth in section 119.0701, F.S., when entering into any public agency contract for services after the Effective Date of this Agreement. The Recipient shall amend each of the Recipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the Recipient does not comply with this provision. 13 75 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (25) Employment Eligibility Verification. (a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require the Recipient to: 1. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Recipient during the Agreement term; and, 2. Include in all contracts under this Agreement the requirement that contractors, subcontractors, consultants and subrecipients performing work or providing services pursuant to this Agreement use the E -Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, consultants and subrecipients during the term of the contract. (b) The Department of Homeland Security's E -Verify system can be found at: https: //www.e-verify.govl (c) If the Recipient does not have an E -Verify Memorandum of Understanding in effect, the Recipient must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. (26) Program Income. (a) The Recipient shall report to DEO all program income (as defined at 24 C.F.R. § 570.489(e)) generated by activities carried out with CDBG funds made available under this Agreement as part of the Recipient's Quarterly Progress Report, Form SC -65. The Recipient shall use program income in accordance with the applicable requirements of 2 C.F.R. part 200, 24 C.F.R. part 570, sections 290.046-290.048, F.S., chapter 73C-23.0051, F.A.C., and the terms of this Agreement. (b) The Recipient shall return all program income generated after closeout to DEO. The Recipient shall return all program income generated prior to closeout to DEO unless the program income is used to fund additional units of CDBG activities, specified in a modification to this Agreement, and duly executed prior to administrative closeout. DEO or the State may require remittance of all or a portion of any balance of a Recipient's program income at the end of a program year. (27) Independent Contractor. (a) In the Recipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that the Recipient is always acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. The Recipient shall always remain an independent contractor with respect to the services to be performed under this Agreement. (b) The Recipient, its officers, agents, employees, subcontractors, or assignees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. Nor shall the Recipient represent to others that, as the Recipient, it has the authority to bind DEO unless specifically authorized to do so. (c) Neither the Recipient, nor its officers, agents, employees, subcontractors, or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) The Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant, joint venturer, or partner of the State of Florida. (e) Unless justified by the Recipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to the Recipient or its subcontractor or assignee. 14 76 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C (f) DEO shall not be responsible for withholding taxes with respect to the Recipient's use of funds under this Agreement. The Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. The Recipient shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) The Recipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443, F.S. (The remainder of this page left blank intentionally.) State of Florida Department of Economic Opportunity Federally Funded Subgrant Agreement Signature Page Subgrant Contract Number: 19DB-ON-10-40-01-H03 FLAIR Contract Number: H2378 IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth above and in all Attachments and Exhibits hereto, the Parties, through their duly -authorized representatives, sign this Agreement and represent and warrant that they have read and understand the Agreement and Attachments and Exhibits' terms and conditions on the day, month, and year set forth below. Indian River County Department of Economic Opportunity By: Date: By: Date: (Authorized Signature) (Authorized Signature) Name: Bob Solari Name: Julie A. Dennis 15 77 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Chairman Federal Tax ID#: 59-6000674 DUNS#: 079208989 Approved as to form and legal sufficiency, Title: Title: Director, Division of Community Development subject only to the full and proper execution by the Parties Office of the General Counsel Department of Economic Opportunity By: Approved Date: 16 78 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Recipient: Vo Attachment A — Project Detail Budget and Deliverables Indian River County Modification Number: N/A Contract Number: DB -ON -10-40-01-H03 Beneficiaries Budget VLI LI MI All CDBG Amount Other Funds Source* Total Funds $112,500 $112,500 $22,000 2 3 6 11 $615,500 $50,000 1 $665,500 Totals: $750,000 $50,000 $800,000 * Show the sources and amounts of "Other Funds" needed to complete the project below, including local funds. grants from other agencies and program income. Other Funds Counted as Leverage Other Funds Not Counted as Leverage $50,000 Accomplishments Number 11 Source . SHIP Activity Activity Description Unit . Project Implementation A 21 Administration • Temporary Relocation Assistance . Housing Rehabilitation A 14 Housing Rehabilitation HU 82 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment A — Project Detail Budget and Deliverables Recipient: Indian River County Modification Number: N/A Contract Number: DB -ON -10-40-01-H03 00 W Minimum Level of Service to submit for request for payment) Financial Consequences The Recipient shall be reimbursed upon completion of a minimum of one project implementation task on a per completed task basis as detailed in Attachment B — Project Narrative; evidenced by invoice(s) noting completed tasks. Failure to perform the minimum level of service shall result in nonpayment for this deliverable for each payment request. Minimum Level of Service to submit for request for payment) Financial Consequences The Recipient shall be reimbursed for temporary relocation assistance provided for a minimum of one home as detailed in the Attachment B — Project Narrative; evidenced by invoice(s) noting expense(s). Failure to perform the minimum level of service shall result in nonpayment for this deliverable for each payment request. Minimum Level of Service to submit for request for payment) Financial Consequences Task 1: The Recipient shall be reimbursed upon completion of a minimum of 20 percent of the rehabilitation activities for one home. As evidence of percent completion, the Recipient shall provide completed DEO-approved forms, documenting the percent completion for the home and the associated costs, signed by the contractor and certified by the housing specialist or building inspector for the project. Task 2: The Recipient shall be reimbursed upon completion of a minimum of one rehabilitation services task on a per completed task basis as detailed in Attachment B — Project Narrative; evidenced by invoice(s) noting completed tasks. Failure to perform the minimum level of service shall result in nonpayment for this deliverable for each payment request. Deliverable Project Implementation The Recipient shall complete eligible project implementation tasks as detailed in Attachment B — Project Narrative. Total Deliverable 1 cost reimbursement not to exceed: $112,500 Deliverable Temporary Relocation Assistance The Recipient shall provide temporary relocation assistance as detailed in Attachment B - Project Narrative. Total Deliverable 2 cost reimbursement not to exceed: $22.000 Deliverable Housing Rehabilitation The Recipient shall complete rehabilitation services to at least the minimum number of number low- to moderate -income homes listed in Attachment B — Project Narrative. Task 1: Construction to rehabilitate or demolish/rebuild home(s) Task 2: Rehabilitation Services Total Deliverable 3 cost reimbursement not to exceed: $615,500 85 DeoSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment C — Activity Work Plan The Recipient will use the $750,000 awarded under the housing re habilitation category of the FFY 2017 Small Cities Community De velopment Block Grant Program to assist residents throughout the unincorporated area of the county. Necessary repairs may be provided in the form of renovation or demolition and replacement of existing housing units. At a minimum, 11 housing units whose occupants qualify as .low- to moderate -income (LMI) households will be rehabilitated and brought into compliance with the local housing code and the U.S. Department of Housing and Urban Development's Section 8 requirements. Three of the 11 households served will be persons who qualify as "low-income;" another two ofthe 11 households served will be occupied by persons who qualify as "very low-income." Additional LMI housing units may be served if adequate funds remain in the budget after the 11 contracted housing units are completed. Temporary relocation assistance will be provided to residents that are unable to remain in the home during construction, as needed. The $50,000 in local SHIP funds, committed as leverage, will be expended after the CDBG Site Visit and before administrative closeout of the CDBG grant. The Recipient participates in the National Flood Insurance Program, and contractors are required to ensure that appropriate elevations are attained on any homes rehabilitated with CDBG funds. Project Implementation Deliverable Tasks that are eligible for reimbursement under the Project Implementation Deliverable are as follows: X Paid application preparation costs, X Develop policies for the Recipient to adopt related to special conditions listed in this subgrant agreement, x Prepared list of minority and women business enterprise (MBE/WBE) firms that operate in the Recipient's area, x Conducted activities related to the HUD -required environmental review, x Prepared public notices for publication, X Submitted public notices for publication, x Maintained financial records related to project activities on-site, X Conducted a Fair Housing activity, X Attended prebid conference, bid opening or preconstruction meeting, X Reviewed contractor payrolls and interview employees to determine compliance with the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland "Anti -kickback" Act, x Reviewed Household Income Certification Forms for households being hooked up to new utility services, x Maintained client files, x Attended meetings of the Recipient's local governing body to provide progress reports on subgrant activities, x ppPrepared documentation for and attend on-site monitoring visits by DEO, x Prepared requests for funds for submission by the Recipient's authorized employee, x Prepared subgrant modification documents for the Recipient to submit to DEO, 19 ocuSign Envelope ID: 9B9C5864-DAE8-40137-8502-CF33A2B7CE1C Attachment C — Activity Work Plan X Prepared the Administrative Closeout Report for submission by the Recipient, X Prepare and submit detailed quarterly progress report, Section 3 or MBE/GYBE report to DEO, X Responded to citizen complaints, X Prepared responses to monitoring findings and concerns for Recipient to submit to DEO or HUD, X Paid advertising costs of public notices and invitations to bid, X Paid permit fees, X Paid legal fees, X Paid invoices for environmental review activities other than advertising, X Paid CDBG portion of required audit, X Submitted requests for funds to DEO, X Prepared subgrant modification documents, and X Prepared the Administrative Closeout Report. Temporary Relocation Assistance Deliverable Paid temporary relocation expenses for households that are eligible under the Recipient's Housing Assistance Plan. Housing Rehabilitation Deliverable The following items are eligible for reimbursement under Task 2: X Title searches, X Property surveys, X Site-specific environmental review costs, X Work write-up costs, X Lead-based paint testing or abatement, X Asbestos inspection or abatement, X Termite inspection or treatment, X Purchase of house plans for a demolition/rebuild, X Filing fees for deferred payment loans and other required documents, X J Septic tank inspection(s) performed by a licensed septic tank contractor (see Florida Department of Health for list of qualified contractors), and X Other environmental studies, such as Phase I and/or Phase II. 20 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Recipient: Indian River County Attachment C — Activity Work Plan Contract Number: 00 00 DB -ON -10-40-01-H03 Activity: A - Administration Date Prepared: December 10, 2018 Project Budget: $112,500 Modification Number: N/A Describe Proposed Action to be Completed by the "End Date." Examples of ActionsProcureAdministrator or Engineer, Complete Environmental Reviery and Obtain Release of Funds, Request Wage Decision, Complete and Submit Design and Specifications, Advertise for and Open Bids, .Issue Notice to Proceed, Construction Conn, pletion (20, 40, 60, 80, and 900 percent or 25, 50, 75, and 900 percent), Complete Construction Procurement Process, Advertise Availabili 1 of .Housing Rehabilitation Funds, Conn1' g f o per Homes Rankings lete Ran p HAP, Number of Houses Rehabilitated, and Subunit Closeout Package to DEO. Estimated Units to be Completed by the "End Date" Estimated Funds to be Requested by the "End Date" Fulfill requirements of the program and special conditions within the first 90 to 120 days. Begin environmental review. Prepare and submit Contractual Obligation, MBE and Quarterly Progress Report. Complete Environmental Review and obtain release of funds. Advertise for housing participants and contractors. Prepare and submit Section 3 and Quarterly Progress Reports. $5,000 Rank and approve housing participants. Hold contractor's meeting to establish pre -qualified contractor's list. Start site-specific reviews including any lead testing and historic reviews. Prepare and submit Contractual Obligation, MBE and Quarterly Progress Reports. $25,000 Continue site-specific reviews and, receive release of funds on each proposed housing unit. Cost estimates and specifications completed foreach house. Submit Quarterly Progress Report. $40,000 Advertise for bids and award contracts for first six houses. Prepare and submit Contractual Obligation, MBE and Quarterly Progress Reports. Take photos before, during and after rehabilitation activities. $65,000 Construction completed on first six houses. Advertise for bids and award contracts for remaining five houses. Prepare and submit Section 3 and Quarterly Progress Reports. Take photos before, during and after rehabilitation activities. $80,000 Construction completed on last five houses. Prepare and submit Contractual Obligation, MBE and Quarterly Progress Reports. Take photos before, during and after rehabilitation activities. $95,000 Prepare and submit Quarterly Progress Report; and prepare and submit Administrative Closeout Package within 45 days after Agreement termination date. $112500 Start)Date month/year End)Date month/year 12 /18 4/19 4 /19 6/19 7 19 9 /19 /1h 1 /1111 /?(1 d /7(1 17n 11 /9n PIA / ,111 90 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Recipient: Indian River County Attachment C — Activity Work Plan - Temporary Relocation Contract Number: VD DB -ON -10-40-01-H03 Activity: Date Prepared: December 10, 2018 Project Budget: $22,000 Modification Number: N/A Describe Proposed Action to be Completed by the "End Date." Examples of ActionsProcureAdministrator or Engineer, Complete Environmental Review and Obtain Release of Funds, Request Wage Decision, Complete and Submit Design and Specifications, Advertise for and Open Bids, Issue Notice to Proceed, Construction Completion (20, 40, 60, 80, and 100 percent or 25, 50, 75, and 100 penent), Complete Construction Procurement Process, Advertise Availability of Housing Rehabilitation Funds, Complete Rankings of Homes per HAP, Number of Houses Rehabilitated, and Submit Closeout Package to DEO. Estimated Units to be Completed by the "End Date" Estimated Funds to be Requested by the "End Date" Pay relocation costs to include moving, storage and rental costs; in accordance with the Recipient's Housing Assistance Plan/Anti-displacement and Relocation Policy. 11 $22,000 Mart Date month/year End)Date month/year 93 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Recipient: Attachment C — Activity Work Plan Indian River County Activity: A Housing Rehabilitation Contract Number: DB -ON -10-40-01-H03 Date Prepared: December 10, 2018 Project Budget: $615,500 Modification Number: N/A Estimated Units to be Completed by the "End Date" Estimated Funds to be Requested by the "End Date" $15,000 6 HU $335,730 Describe Proposed Action to be Completed by the "End Date." Examples of Actions:Procure Administrator or Engineer, Complete Environmental Reriery and Obtain Release of Funds, Request Wage Decision, Complete and Submit Design and Specifications, Advertise for and Open Bids, Issue Notice to Proceed, Construction Completion (20. 40, 60, 80, and 100 percent or 25, 50, 75, and 100 percent), Complete Construction Procurement Process, Advertise Availability of .Housing Rehabilitation Funds, Complete Rankings of Homes per HAP, Number of Houses Rehabilitated, and Submit Closeout Package to DEO. Begin surveys for housing units selected for rehabilitation. Order lead testing, if necessary. Order housing plans. /10 9 /7f) Cntnnlptp 1p,rl tvetinn •Inrl ennVnve For t-‘rntwrtiPe q /20 4/20 Advertise for bids and award contracts fo r first six houses. Begin construction. Construction completed on first six houses. Advertise for bids and award contracts for next five housing units. 20 6/21 Construction completed on remaining five houses. 11 HU $615,500 Prepare and submit Administrative Closeout Package within 45 days after Agreement termination date. StartDate month/year End)Date month/year /1 0 0 11 n 91 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 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 36 98 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions "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). 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 include 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 g• Any RFP which includes more than one service shall provide the following: x Proposals may be submitted for one or more of the services; x Qualifications and proposals shall be separately stated for each service; and x 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. 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. 37 99 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions 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. 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 VIBE/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. 38 100 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions 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]. 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(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 15. For Neighborhood Revitalization, Comnnercial 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; 39 101 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions 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; g. Completed copies of the following forms for all prime contractors and subcontractors: x Form SC -51 — Bidding Information and Contractor Eligibility; x Form SC -37 — Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); x Form SC -52 — Section 3 Participation Report (Construction Prime Contractor); x Form SC -38 (if applicable) — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor); x Form SC -53 (if applicable) — Section 3 Participation Report (Construction Subcontractor), and; x 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 Revitali>ation 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. 40 102 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions 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: x 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 x 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. 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. § 570.489(g). 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. 41 103 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment D — Program and Special Conditions 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 Recipient fail to obtain DEO preapproval, 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. 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. 42 104 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment E — Category Specific Conditions Housing Rehabilitation 1. The Recipient shall only provide assistance for the rehabilitation of and/or for the hookup of utilities to housing units that are occupied by very low-, low- and moderate -income persons to meet the "National Objective" of providing assistance to low- and moderate -income persons. If a National Objective is not be met for an activity, all CDBG funds received for the activity must be repaid. 2. The Recipient shall ensure that no rehabilitation contract between a very low-, low- or moderate -income homeowner and a contractor is signed before the Authority to Use Grant Funds has been issued and the site specific environmental review for the home has been approved by DEO. 3. For a county Recipient, all housing units that are rehabilitated shall be located in the unincorporated portion of the county. For a municipal Recipient, all housing units that are rehabilitated shall be located within the jurisdictional limits of the Recipient. 4. The Recipient must comply with its Housing Assistance Plan (HAP) that was provided to DEO as part of the application process. DEO approval is required for HAP revisions made after the application deadline. The Recipient agrees that the HAP will be followed unless waived by the governing body. 5. Bids for rehabilitation or reconstruction of housing units shall only be accepted from contractors licensed by the Florida Department of Business & Professional Regulation. All work performed on a septic tank or an issue related to a septic tank shall be performed by a licensed septic tank contractor certified by the Florida Department of Health. 6. Rehabilitation of all housing units funded in part or in full with CDBG funds must be in compliance with the current Florida Building Code — Existing Buildings, as well as local building codes and local maintenance codes. If housing units must be replaced, construction of new units must be in full compliance with current Florida Building Code. 7. The Recipient shall provide assistance for the rehabilitation of housing in a floodplain only after documenting in the rehabilitation case file for that structure that the Recipient and the beneficiary are in compliance with the Flood Disaster Protection Act of 1973, as amended. This documentation must address such things as elevation requirements, erosion, and water, sewage, or septic tank requirements. Each structure located within a 100 -year floodplain that is rehabilitated to any extent with CDBG funds shall be insured under the National Flood Insurance Program. The flood insurance must be at least equal to the amount spent on the rehabilitation. Homeowners in a 100 -year floodplain that do not maintain flood insurance will be exempt from receiving future federal disaster related funds per section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 5154a. 8. When CDBG funds are expended to acquire property through a voluntary process for the purpose of assisting low- and moderate -income households to relocate out of a 100 -year floodplain, the following shall apply: a. Future development of the property acquired shall be prohibited, unless the use does not increase the property's impervious surface; b. The local government may retain title to the property or transfer the title to a land conservancy agency or program, subject to DEO approval, at DEO sole and absolute discretion; c. The beneficiaries shall agree in writing to relocate permanently outside the 100 -year floodplain; 105 43 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment E — Category Specific Conditions Housing Rehabilitation d. Any beneficiaries who subsequently relocate into a 100 -year floodplain shall not be provided any direct benefit with CDBG funds at any future point in time, and this restriction shall be noted in the relocation document signed by the beneficiaries in subparagraph 8.c., above; and e. All structures on the property shall be demolished or relocated out of the floodplain. 9. The Recipient shall adopt and implement procedures to fulfill regulatory and statutory requirements relating to Lead -Based Paint pursuant to 24 C.F.R. 570.487 and 24 C.F.R. 35, Subparts B, J, and R, as incorporated in Rule 73C-23.0030, F.A.C. A Recipient can request reimbursement from the housing rehabilitation line item of its budget for the cost of a lead-based paint inspection prior to the home's site specific environmental review being approved because it is part of the environmental review process. The Recipient is required to: a. Prohibit the use of lead-based paint; b. Notify potential beneficiaries of the hazards of lead-based paint; c. inspect properties built before 1978 prior to initiating rehabilitation to determine if lead-based paint is present; d. If lead-based paint is found, undertake appropriate protection of workers and occupants during the abatement process; e. Ensure proper lead-based paint clean up and disposal procedures are used; and, f. Retain records of enforcement and monitoring for at least six years after final closeout of the subgrant. 10. The Recipient shall also adopt and implement procedures to fulfill regulatory and statutory asbestos related requirements per 40 CFR Part 61, Subpart M (61.145 and 61.150) established by the U.S. Environmental Protection Agency Clean Air Act Section 112 under the National Emissions Standards for Hazardous Air Pollutant (NESHAP). A Recipient can request reimbursement from the housing rehabilitation line item of its budget for the cost of asbestos inspection prior to the home's site specific environmental review being approved because it is part of the environmental review process. The Florida Department of Environmental Protection (FDEP) administers the asbestos removal program under Chapter 62-257, F.A.C. and requires: a. Inspection of properties by a licensed inspector for the rehabilitation or demolition of homes in close proximity to one another or as part of a larger project; b. Notification provided to the appropriate FDEP office of asbestos removal with a notice of demolition or asbestos renovation within 10 working days before activities begin; and c. Removal of asbestos by a licensed asbestos contractor. 11. Mobile homes constructed before 1993 shall not be rehabilitated. If a homeowner of a mobile home constructed before 1993 is selected for assistance, the Recipient shall replace the mobile home with either a new site -built home or a new mobile home. 12. Change orders for housing rehabilitation or reconstruction shall be approved by the housing unit owner or his or her representative, the contractor, and a representative of the Recipient prior to initiation of work based on that change order. 13. To document completion of construction, each housing.unit case file shall contain the following information: a. A statement from the licensed contractor certifying that all items on the initial work write-up and those modified through change orders are complete; 106 44 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment E Category Specific Conditions Housing Rehabilitation b. An acknowledgment that the housing unit meets the applicable local building code and Section 8 Housing Quality Standards, signed and dated by the local building inspector and the local government's housing rehabilitation specialist; c. A copy of the contractor's license; d. A signed statement by the housing unit owner or his or her representative that the work has been completed based on the work write-up and change orders. Should all requirements be fulfilled and the homeowner or his or her representative refuses to acknowledge completion of the work, the housing unit case file shall be documented with a statement detailing the stated reason for said refusal; and e. A 12 -month warranty of work and materials from the contractor to the homeowner that begins when the Certificate of Occupancy or the Certificate of Completion are issued. 14. If homes to be rehabilitated with CDBG grant funds will be selected from an existing list of State Housing Initiatives Partnership (SHIP) applicants rather than a public notice soliciting applications, the homes from the SHIP applicants list shall be prioritized using the ranking procedure established in the CDBG HAP. The ranking procedure will be reviewed during monitoring and compared to the list of homes rehabilitated. 15. The following data will be provided, by housing unit, as part of the administrative closeout for each activity providing direct benefit (e.g., housing rehabilitation, temporary relocation, hookups, etc.), summarized by activity and submitted with the administrative closeout package: a. Name of each head of household and address of each housing unit rehabilitated with CDBG funds, the date the construction was completed on the housing unit, and the amount of CDBG and non-CDBG funds spent on that housing unit; b. Whether the head of household is female, if the household includes someone who is handicapped or elderly, the number of handicapped persons in the household, the number of elderly persons in the household, and the moderate -income, low-income or very low-income status of the household; c. The number of occupants in the household, categorized by gender; and d. The racial demographics and ethnicity of the head of each household using the following descriptions: 1) White, 2) African American, 3) Asian, 4) American Indian or Alaskan Native, 5) Native Hawaiian/Pacific Islander, 6) American Indian or Alaskan Native and White 7) Asian and White, 8) African American and White, 9) American Indian/Alaskan Native and African American, or 10) Other Multi -Racial; and 107 45 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment E Category Specific Conditions Housing Rehabilitation 11) If the head of household is Hispanic 108 46 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment F — State and Federal Statutes, Regulations, and Policies The Recipient agrees to, and, by signing this Agreement, certifies that, it will comply with the requirements of 24 C.F.R. part 570, subpart I, and § 570.2000) and § 570.606 (HUD regulations concerning State Community Development Block Grant Programs). The Recipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Recipient further agrees to comply with all other applicable Federal, State and local laws, regulations, and policies governing the funds provided under this Agreement, including, but not limited to the following: 1. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. part 200); 2. Florida Small Cities Community Development Block Grant Program Act (§§ 290.0401-290.048, F.S.); 3. Florida Small Cities Community Development Block Grant Program rules (chapter 73C-23, F.A.C.); 4. Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §§ 5301-5321); 5. Rules and Procedures for Efficient Federal -State Funds Transfers (31 C.F.R. part 205); 6. Community Planning Act (§ 163.3164, F.S.); 7. Florida Small and Minority Business Assistance Act (§§ 288.703-288.706, F.S.); 8. CDBG Technical Memoranda (https://www.hudexchange.info/community-development/cdbg-memoranda/); 9. Applicable HUD Community Planning and Development Notices (https://www.hudexchange.info/manage- aprogram/ cpd-notices); 10. Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507; 11. Environmental Review Procedures for Entities Assuming HUD Responsibilities (24 C.F.R. part 58); 12. Environmental Criteria and Standards (24 C.F.R. part 51); 13. Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §§ 4001-4129), Floodplain Management and Protection of Wetlands (24 C.F.R. part 55), and Executive Orders 11988 (Floodplain Management) and 11990 (Protection of Wetlands); 14. National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4370h) and other provisions of law which further the purpose of this act; 15. National Historic Preservation Act of 1966, as amended (54 U.S.C. §§ 300301-320303), Protection of Historic Properties (36 C.F.R. part 800), and other provisions of law which further the purpose of this act; 16. Archaeological and Historic Preservation Act of 1974 and Reservoir Salvage Act of 1960, as amended (54 U.S.C. §§ 312501-312508); 17. Coastal Zone Protection Act of 1985 (§§ 161.52-161.58, F.S.); 18. Safe Drinking Water Act of 1974, as amended (42 U.S.C. §§ 1400-1465); 19. Federal Water Pollution Control Act of 1972, as amended (33 U.S.C. §§ 1251-1387); 20. Davis—Bacon Act of 1931, as amended (40 U.S.C. §§ 3141-3148) and Labor Standards Provisions of 29 C.F.R. part 5; 21. Contract Work Hours and Safety Standards Act of 1962, as amended (40 U.S.C. §§ 3701-3708); 22. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C. §§ 6901-6992k); 23. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards, as applicable; 24. Federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201-219); 25. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4601-4655), and the applicable rules for Federal and Federally -Assisted Programs at 49 C.F.R. part 24; 26. Copeland "Anti -Kickback" Act (18 U.S.C. § 874); 27. Hatch Act of 1939, as amended (5 U.S.C. §§ 1501-1508); 28. Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4821-4846); the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851-4856); and the applicable implementing regulations at 24 C.F.R. part 35 and 24 C.F.R. part 570, subparts A, B, J, K, and R; 29. Section 102 of HUD Reform Act of 1989 (42 U.S.C. § 3545) and HUD Reform Act regulations at 24 C.F.R. part 4; 30. False Clain -is Act (31 U.S.C. §§ 3729-3733); 47 109 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 31. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R. part 247); 32. Clean Air Act (42 U.S.C. §§ 7401-7671q.), and National Primary and Secondary Ambient Air Quality Standards (40 C.F.R. part 50); and 33. Whistleblower Protection enacted by Section 828 of P.L. 112-239 and permanently extended under P.L 114-261. Attachment G — Civil Rights Requirements Fair Housing As a condition for the receipt of CDBG funds, each Recipient must certify that it will "affirmatively further fair housing" in its community. The Recipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Recipient shall do the following: 1) Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion, and sex); 2) Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3) Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4) Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken, and d) If the caller was referred to another agency, the results obtained by the referral agency; 5) Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6) Display a fair housing poster in the CDBG Office. (Thus does not count as a fair housing activity.) The Recipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following • Define where discriminatory practices are occurring, • Help the community measure the effectiveness of its outreach efforts, and • Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: X Making fair housing presentations at schools, civic clubs, and neighborhood association meetings; x Conducting a fair housing poster contest or an essay contest; x Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales, and church festivals; and 48 110 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C x Conducting fair housing workshops for city /county employees, realtors, bank and mortgage company employees, insurance agents, and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO-approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Recipient shall document its fair housing activities by keeping photographs, newspaper articles, sign -in sheets and copies of handouts in their CDBG project file and include information about the activities in the comment section of each quarterly report. Attachment G — Civil Rights Requirements Equal Employment Opportunity As a condition for the receipt of CDBG funds, each Recipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. The Recipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Recipient shall do the following: 1) Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age, or genetics; 2) Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3) Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4) Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call, and c) The results of the actions taken; Each Recipient shall maintain a list of certified minority-owned business enterprises (MBE) and women -owned business enterprises (WBE) that operate in its region. The Recipient shall use this list to solicit companies to bid on CDBG-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority and women -owned businesses that can be used to develop a local MBE/WBE list at the following website: https: / /osd.dms.myflorida.com/directories. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG funds, the Recipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Recipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Recipient shall do the following: 49 111 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 1) Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment, or c) Is regarded as having such an impairment; 2) Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3) Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Recipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Recipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 50 112 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment G — Civil Rights Requirements 4) Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call, and c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 C.F.R. part 84) apply to service availability, accessibility, delivery, employment, and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A recipient of Federal financial assistance may not, on the basis of disability: x Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services, or other benefits, x Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or x Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entided or qualified. The ADA regulations (Title II, 28 C.F.R. part 35, and Title III, 28 C.F.R. part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations areprivate entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 - Economic Opportunities for Low- and Very Low -Income Persons Each Recipient shall encourage its contractors to hire qualified low- and moderate -income residents for any job openings that exist on CDBG-funded projects in the community. The Recipient and its contractors shall keep records to document the number of low- and moderate -income people who are hired to work on CDBG-funded projects. The number of low- and moderate -income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 C.F.R. § 135.38 is required to be included in CDBG-funded contracts of $100,000 or more. Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban 51 113 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment G — Civil Rights Requirements Development Act of 1968, as amended, 12 U.S.C. § 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job tides subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 C.F.R. part 135. F. Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Whistleblower Protection The following clause, is required to be included in all federally funded subawards and contracts over the simplified acquisition threshold: Pursuant to Section 828 of Pub. L 112-239, "National Defense Authorization Act for Fiscal Year 2013" and permanently extended through the enactment of Pub. L 114-261 (December 14, 2016), this award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower right and remedies established at 41 U.S.C. § 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. § 4712. This clause shall be inserted in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause in any subawards and contracts awarded prior to the effective date of this provision. 52 114 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment G — Civil Rights Requirements Civil Rights Regulations As a condition for the receipt of CDBG funds, each Recipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal funding; 2. Title VH of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex, or national origin; 3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988); 4. 24 C.F.R. § 570.487(b) — Affirmatively Furthering Fair Housing; 5. 24 C.F.R. § 570.490(b) — Unit of general local government's record; 6. 24 C.F.R. § 570.606(b) — Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving CDBG funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. part 8, which prohibits discrimination against people with disabilities; 11. Executive Order 11063 — Equal Opportunity in Housing; 12. Executive Order 11246 — Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended — Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that Indian River County shall comply with all the provisions and Federal regulations listed in this attachment. By: Date: Name: Bob Solari Title: Chairman 53 115 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment H — Reports The following reports must be completed and submitted to DEO in the time frame indicated. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. A Quarterly Progress Report, Form SC -65, must be submitted to DEO 15 calendar days after the end of each quarter. The reports are due by the following dates: April 15, July 15, October 15 and January 15. The quarterly report shall include: a summary of work performed during the reporting period; photographs taken to date; a percent of work completed for each task; a summary of expenditures since the effective date; and a summary of any issues or events occurring which affect the ability of the Recipient to meet the terms of this Agreement. 2. A Contract and Subcontract Activity form, Form HUD -2516, currently available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05360; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system at https://deosera.my.salesforce.com/. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate "no activity". 3. The Administrative Closeout Report, Form SC -62, must be submitted to DEO within 45 calendar days of the Agreement end date or within 45 days of the completion of all activities. The Recipient must provide all applicable information requested on the closeout report form. The Administrative Closeout Report cannot be submitted to DEO before the Recipient has submitted its Final Request for Funds. Recipients of an Economic Development agreement shall not submit an administrative closeout package until the cost per job is less than $10,000 or until one year after the date that all CDBG-funded activities were completed, whichever comes first. The following documentation shall be provided with the Administrative Closeout Report a. Certification that all construction has been completed, inspected and approved by all parties prior to the subgrant end date and submission of the closeout report; b. Documentation of any leverage expended after the last on-site monitoring visit; c. Documentation of fair housing activities conducted after the last on-site monitoring visit; d. Documentation that all citizen complaints related to the project have been resolved; e. A list of the homes receiving direct benefit, if applicable; and, f. Certification that each housing unit assisted was located within the Recipient's jurisdictional boundaries for Housing Rehabilitation subgrants. g• For housing rehabilitation projects, documentation that all homeowners have signed forms stating that they have accepted the improvements. h. Copies of all remaining pre -construction, construction and post -construction photographs of all CDBGfunded activities submitted as .jpeg or .tiff files not previously submitted with quarterly reports. 4. In accordance with 2 C.F.R. part 200, should the Recipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 C.F.R. part 200, and submitted to DEO no later than nine months from the end of the Recipient's fiscal year. If the Recipient did not meet the 54 116 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C audit threshold, an Audit Certification Memo, Form SC -47, must be provided to DEO no later than nine months from the end of the Recipient's fiscal year. Attachment H — Reports 5. A copy of the Audit Compliance Certification form, Attachment K, must be emailed to auditedeo.myflorida.com within 60 calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD -60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet "Section 3" requirements. 7. Requests for Funds payment requests must be submitted in accordance with the timelines included on Attachment C - Activity Work Plan. DEO will not reimburse a payment request for less than $5,000 unless it is the final payment request. Each payment request must include an invoice from the Recipient to DEO and copies of all invoices that the Recipient received from its consultants for services rendered and the documentation listed below. The invoices must document that the Recipient and each consultant/contractor met the Minimum Level of Service listed on the Deliverables page of Attachment A. For each Commercial Revitalisation, Economic Development and Neighborhood Revitalization payment request that includes reimbursement of construction costs, the Recipient shall provide a copy of the American Institute of Architects (ALA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. The Recipient shall, at a minimum, submit reimbursement requests upon completing 20, 40, 60, 80 and 100 percent of the project (or 25, 50, 75 and 100 percent of the project if so listed on Attachment C — Activity Work Plan). For each Housing Rehabilitation payment request that includes construction costs, the Recipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO, if applicable. For homes being rehabilitated and site -built demolition/replacement houses, the Recipient shall, at a minimum, request reimbursement upon completion of each 20 percent of the work. For demo/replacement involving a new mobile home, the Recipient shall request reimbursement as soon as the mobile home is installed and the invoice received. If the Recipient needs to remit funds to DEO, including reimbursement of subgrant funds, program income or interest income paid with CDBG funds (collectively "reimbursements"), Recipient shall submit such reimbursements concurrently with a copy of the Return of Funds Form, SC -68. 8. All forms referenced herein are available online at www.FloridaJobs.org/CDBGRecipientlnfo or upon request from the DEO grant manager for this Agreement. Financial Consequences: The Recipient's failure to submit any report or required supporting documentation as specified under "Reports" by its due date will result in the assessment by DEO of a financial consequence in the amount of $200 after the specified due date and $200 per month beyond the due date for each deliverable until it is received. DEO shall deduct the amount of the assessed financial consequence from the disbursement amount due to the Recipient. If the Recipient has only one (1) instance of failure to timely submit a report or required supporting documentation, 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. 55 117 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment I — Warranties and Representations Financial Management The Recipient's financial management system must comply with the provisions of 2 C.F.R. part 200, section 218.33, F.S., and the rules promulgated thereunder. Recipient's financial management system shall include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. The Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each payment request. Whenever appropriate, financial information should be related to performance and unit cost data. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 C.F.R. part 200 and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. (5) Competition All procurement transactions must follow the provisions of 2 C.F.R. §§ 200.318-200.326 and be conducted in a manner providing full and open competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected if there is a sound, documented reason. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. (See 2 C.F.R. § 200.318(c)(1).) Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 56 118 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Licensing and Permitting All contractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 57 119 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment J — Audit Requirements The administration of resources awarded by DEO to the Recipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of, audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements) and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, onsite visits by DEO staff, limited scope audits as defined by 2 C.F.R. part 200, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEO staff to the Recipient regarding such audit. _The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. part 200, as revised. 1. In the event that the Recipient expends $750,000 or more in federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200 Subpart F (Audit Requirements), as revised. In determining the federal awards expended in its fiscal year, the Recipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised. 3. If the Recipient expends less than $750,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, is not required. In the event that the Recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than federal entities). 4. Although 2 C.F.R. 200 Subpart F (Audit Requirements) does not apply to commercial (for-profit) organizations, the pass-through entity has an obligation to ensure that for-profit subrecipients that expend $750,000 or more in federal awards must comply with federal awards guidelines (see 2 C.F.R. 200.501(h)). Additionally, for-profit entities may be subject to certain specific audit requirements of individual federal grantor agencies. 58 120 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment J — Audit Requirements Additional Federal Single Audit Act resources can be found at: https: / /harvester.census.gov/facweb/Resources.aspx PART II: STATE FUNDED This part is applicable if the Recipient is a non -state entity as defined by section 215.97(2), F.S. 1. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; 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. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or passthrough awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.com/fsaa/ PART III: OTHER AUDIT REQUIREMENTS (NO 1E: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to section 215.97(8), F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with section 215.97, F.S. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by PART I of this Exhibit 59 121 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment J — Audit Requirements Agreement shall be submitted by or on behalf of the Recipient directly to each of the following at the address indicated: A. Department of Economic Opportunity Financial Monitoring and Accountability (FMA) The copy submitted to the FMA section should be sent via email to: FMA-RWB@deo.mvflorida.com B. The Federal Audit Clearinghouse designated in 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, electronically at: https: / /harvester.census.gov/facweb / 2. Copies of audit reports for audits conducted in accordance with 2 C.F.R. 200 Subpart F (Audit Requirements), as revised, and required by Part I (in correspondence accompanying the audit report, indicate the date that the Recipient received the audit report); copies of the reporting package described in Section .512(c), 2 C.F.R..200 Subpart F (Audit Requirements), as revised, and any management letters issued by the auditor; copies of reports required by Part II of this Exhibit must be sent to DEO at the addresses listed in paragraph three (3) below. 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the Recipient directly to each of the following: A. DEO at the following address: Electronic copies: Auditedeo.mvflorida.com B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen localgovt a,aud.state.fl.us 4. Any reports, management letter, or other information required to be submitted to DEO pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. 200 Subpart F, 215.97 F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients and subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient/subrecipient in correspondence accompanying the reporting package. 60 122 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Attachment J — Audit Requirements PART V: RECORD RETENTION The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, the Chief Financial Officer (CFO), or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. The Recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. 61 123 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Exhibit 1 to Attachment J — Funding Sources Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: Federal Funds Obligated to Recipient: Catalog of Federal Domestic Assistance Title: Catalog of Federal Domestic Assistance Number: Project Description: This is not a research and development award. U.S. Department of Housing and Urban Development $750,000 Community Development Block Grants/State's Program and Non -Entitlement Grants in Hawaii 14.228 Funding is being provided to rehabilitate or replace substandard housing for very low-, low- and moderateincome residents. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Recipient shall perform its obligations in accordance with sections 290.0401- 290.048, F.S. 2. The Recipient shall perform its obligations in accordance with 24 C.F.R. §§ 570.480 — 570.497. 3. The Recipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Recipient shall perform the obligations m accordance with chapter 73C-23, F.A.C. 5. The Recipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily limited to, those identified in Attachment F — State and Federal Statutes, Regulations, and Policies State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: N/A Matching Resources for Federal Programs: N/A Subject to Section 215.97, Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 C.F.R. § 200.331 and section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Recipient. 124 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C 46 Attachment K — Audit Compliance Certification Email a copy of this form within 60 days of audit@deo.myflorida.com. the end of each fiscal year in which this subgrant was open to Recipient: Indian River County FEIN: 59-6000674 Recipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Recipient expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Recipient and the Department of Economic Opportunity (DEO)? ❑ Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Recipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable State single or project -specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Recipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Recipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Recipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Recipient certifies that it will timely comply with all applicable single or programspecific audit requirements of 2 C.F.R. part 200, subpart F, as revised. By signing below, I certify, on behalf of the Recipient, that the above representations for items 1 and 2 are true and correct. 125 DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 47 126 RESOLUTION NO. 2019 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EXECUTE THE DOCUMENTS REQUIRED FOR THE COUNTY TO ENTER INTO A CONTRACT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR A FEDERAL FISCAL YEAR (FFY) 2017 HOUSING REHABILITATION CATEGORY COMMUNITY DEVELOPMENT BLOCK GRANT AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ALL DOCUMENTS REQUIRED FOR THE ADMINISTRATION OF THE HOUSING REHABILITATION CATEGORY COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, Indian River County applied to the Florida Department of Economic Opportunity (DEO) for a $750,000 Housing Rehabilitation category Community Development Block Grant (CDBG) for Federal Fiscal Year 2017; and WHEREAS, Indian River County was notified that its $750,000 Housing Rehabilitation category CDBG application was approved by DEO; and WHEREAS, DEO provided to the County a proposed $750,000 Housing Rehabilitation category CDBG contract; and WHEREAS, it is the desire of the Indian River County Board of County Commissioners to enter into that contract with DEO for the $750,000 in approved Housing Rehabilitation category Community Development Block Grant funds to rehabilitate or replace deteriorated housing within the unincorporated areas of the County and benefit persons of low and moderate income; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; that SECTION 1. The Board of County Commissioners hereby authorizes the Chairman to execute all necessary contracts, certifications and other documents required for Indian River County to enter into a contract with the Florida Department of Economic Opportunity for a Housing Rehabilitation category CDBG, Subgrant Contract Number 19DB-ON-10-40-01-H03. SECTION 2. The Board of County Commissioners directs the Community Development Director, or his designee, to execute all documents required for the implementation of Housing Rehabilitation category CDBG, Subgrant Contract Number 19DB-ON-10-40-01-H03. Including but Attachment 2 not limited to program amendments, monthly reports, request for funds, environmental review documents and letters (including those requiring certification by local officials), applicant approval documents, and CDBG related agreements and forms. SECTION 3. The Board of County Commissioners authorizes and directs the Community Development Director to submit information in a timely manner as may be required by the Florida Depai tuient of Economic Opportunity for the implementation of the Housing Rehabilitation category CDBG contract. SECTION 4. The Board of County Commissioners authorizes the Community Development Director to sign any subsequent forms as needed for the implementation of the Housing Rehabilitation category CDBG contract. SECTION 5. This Resolution shall take effect immediately upon its passage. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to vote, the vote was as follows: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this 5th day of March, 2019. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney F:\Community Development\CDBG\2017-18 CDBG\BCC Items\DEO Grant Agreement Agenda Item\Resolution to Execute CDBG Contract and forms.docx 128 GRANT NAME: Housing Rehabilitation Community Development Block Grant GRANT # 19DB-ON-10-40-01-H03 AMOUNT OF GRANT: $750,000 DEPARTMENT RECEIVING GRANT: Community Development Dept.. CONTACT PERSON: Bill Schutt TELEPHONE: 226 - 1243 1. How long isthe grant for? 2 1/2 years 2. Does the grant require you to fund this function after the grant is over? Starting Date: December 10, 2018 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 X No 4. Percentage of match to grant 6.67% 5. Grant match amount required $50,000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? State Housing Initiative Partnership program funds. 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $1,500,428 Second Year $ $ 25,000 Third Year 011.13 Other Salaries & Wages (PT) Fourth Year $ $ $ N/A $ 012.11 Social Security $ $ N/A $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? i'0,000 (grant finds to he need) Signature of Preparer: Date: 2`1 F:\Community Development\CDBG\2017-18 CDBG\BCC Items\DEO Grant Agreement Agenda Item\Attachment 2 - Budget Office GrantForm.docx. 29 Attachment 3 Grant Amount Other Match Costs Not Covered Match Total First Year $750,000 Funds to be disbursed to County as needed over +/-2 years. $ $ 25,000 $1,500,428 Second Year $ $ 25,000 Third Year $ $ N/A Fourth Year $ $ $ N/A $ Fifth Year $ $ $ N/A $ Signature of Preparer: Date: 2`1 F:\Community Development\CDBG\2017-18 CDBG\BCC Items\DEO Grant Agreement Agenda Item\Attachment 2 - Budget Office GrantForm.docx. 29 Attachment 3 1?c,. CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 2/20/2019 RE: 26th Street Properties, LLC's Request for Release of Easements on Certain Lots on Bella Rosa Lane at 5995 26th Street (Bella Rosa Subdivision) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of March 5, 2019. DESCRIPTION AND CONDITIONS The County has been petitioned by David Ederer of 26th Street Properties, LLC, owner of multiple undeveloped lots on Bella Rose Lane at 5995 26th Street in Bella Rosa Subdivision, for release of 6' x 15' utility easements on 18 of the lots. The purpose of the easements release request is to allow for construction of duplexes and single-family homes on lots originally designed for townhomes, such that the easements are no longer necessary or compatible with the proposed construction (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County Planning Division; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements. Therefore, it is staff's position that the requested easements release would have no adverse impact to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the 18 6' x 15' utility easements described in the resolution. 130 26th Street Properties, LLC Release of Easements Page 2 ATTACHMENTS 1. Map(s) depicting easements proposed for releases. 2. 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"•' . . 2" . 7 [MDR MaaCMI AM3 OfAR41TON.KII.T ON4r.P4COUtCrOg MMAIVOBOgr •0110001 NMSA COUNTYlOLC FOR TT.1/4/ :000TITaF . 7N1E01007 rAStOtlOE. II. TM 100001 PRO0009Ai ANATtAON0ENT -0mr70 r[TT0N TO Mos mrER meat 0000 tvt IORARU90N1•IM Or TIM MO M ERFAS1 - AND0,COIr`OT TOR[0SWN.900vur.NT CALM COUNTY OBI Ig.M.1[40 Miff tr COoPMIEn ' '14"� 11:,, KNIGHT: McGUIRE & ASSOCIATES. INC.. 11� caysuimo fN`c1N• 11313 AND PLANT:DS ` IOTIOMOSS1 NP7nTi44,Mtl1„la Rr..L,L ) •tT10.1TR1111W_4'a rA M?t 1,M,n A•iaa, . ' .t1?iT1.'J11101 Ari1FORATIa.Ysl.004.WRISi Bella Rosa ia�IIIil{:I..fr CoYRl y FIlri1AR 'Exhibit ••A,I I� < [70R f !I EVIEWOYI.Y •�. ........... reE I » :�..^,'.., w "" OI' r. 1 - - ..a .b•. w. n va nA.IM.. -132 CERTIFICATE OF DEDICATION 5107E a RORDA COMET or 404100 76010 1450 ALL NEN BY DIESE *RESENTS. THAI MOLACE OARS DO REALTY, LLC FEE SwM4 0W4ER1 OF Tht LAO DESSSWED *:.'0 PLATIEO A400rt4 AS ULLA R05A, 00145 R PIMP RIKR 0 41N1Y. FLORIDA, HATE CAUSED SND LANDS 10 O( SURt040411 A10 RRAITED A5 5141140 4RPSON ANO DD .44400011 OEOCATE AS f01.10 A. STREETS AND RICHT-00-WAYS. I, 444t SMIT5 (ROLA ROSA 014444 ANP OEIAA ROLA LANE) A9 WATT ON 14x5 PLAT AS TRACT '8' ARE OEOMAICD AS 011111, AOCESS. AND MANAGE TRACTS AND ARE 4EREBY DECLARED 10 RE AND SMALL RERAN 040*41E, 40(4 ARE OEDICA1C0 TO 4440 Stoll RC 1940 DC PERPETUAL 1,4444704140 0941GATION a RIE BOLA ROSA 0084(04141.115 ASSOCIATION. 044 FOR THE USE ARO atAa717 a 111e DANERS AND RESIDENTS OF ROS 101110N541 ALL 400044E AU1N0M1ES, 140010+40 OUT NOT 04441(0 TO MOUS. FIRE, AU84LANC(, RATAN *PAN 40$04010 CONTROL MD U144TY PRONOERS SHALL HARE THE R4N1 TO USE 04 REMITS AND 4x]415.044RAT M INC COURSE a PFRFOR10.4 474(44 RITA40144 001005 114E 00480 OF COUNTY COu45sOx(01 OF 140044 4,40R COATI, RORIP*, SHALL 44440 440 NESPO4001R: OUtY M T AOURA 4041501.510 R(OMOINC SUCH 80000 4040 P,40815 -0E-0441, 7 ALL POO PJ0415-a-WAY *R( 0(1140)[0 1O ROAN PA4 (AUNTY AS UTU1Y EAS(00411 NOAH AKR COUNTY 000 114( 10047 TO C4N7111,C4, MAA(L 440 *4841471 04444/. ANO SEOCR mows 44114 N 5444 844410 K Atm 4440 004140 CP CORM( COYU7Y04RS a MR41 OOPS COi4144, 100400, SHALL NAVE NO PEDOR4y0U1T, Our( OR 04940177 ATLATS0611..11 44108100440 SUCH SMUTS 444 410415 -6 -WAY. } 41141 'CROON 01' MLA ROSA 044E 4014 a' SEW ROSA 01470 Ara 040110 40 into *054 0044 A L044 0.'3(301 1'1 '44 443 FNA44 P SPA• 01 MF •4011 .Y T*C4 1,101 444 4Fi01R E4S08E11440 144 CPCWDN' TACT 1'j ARE OLOCA1FA N Ferrari TO MOA4 PT.(! =WI •044 444 Oy451RUCLYAN. 40µ01µN„ *AAl{N4eZT AVD OPOF*10N Cr Y74J7105 SP ANF usurp **00(4 04,4'X000RTC0*00E TE�4540500. 54401th 0D, (044454A(NEE (*474(4(00400r4*14440S Aso PEGAAilplS 44.04 NAT Ail TITI.04k LA:t44j. �� 32.. , 51E,1T ,i .FELT.: :4tAL: .,+TA'' 04*4V NN! 1010111 7100040 I. 140' 00004*0E (A004401415 A5 1440484 444( (004(41E0 R 14014047440 TO AND 51144.1 00 11444 PERMUTE v,NNTENAN1E OBLIOAR0N OF 1010 DELLA ROSA 4404EO4YR5 *55000410, 4440. 1.041 CCNSIRUCTI04 ANO .444.111.144144 OF 1400000 FACILITIES NOMA 40408 (41.847715 CR441ED 1440 MOO 14 USE. AAO DRAW 4410 Tort (45C4(0T5 ANO µS4 41040141 1400 44541, 001 NOT 1140 COUGAT13N, 10 440004* L.44RGENCY 4A14T10NAN0L 044 THE TAUEYLNTS 7, 510RN44.1T8 4440441441 TRACTS 'A' AND 'C' 0400 HEREON AR( OE0CA4ED 01 PERPETUT Y AND SHALL OC 100 PCEMETUAI N44440NN40C OOLI0A110N a DULA ROSA 1104E045NE415 055000110, INC FM C0SIROCRO AND v0N40NANq Cr 94044 0000)00 MOAN RIVER COUNTY IS (SLANTED 1I4 444041 (0 USE AND MAP/ 0410 140 TRACTS AND ALSO 0404700 THE MON, 010 N01 INC 00004T4ON, 10 MOO*, tv4RGENCI 140141EN4440 M 1110 TRACTS. ME Pow MAR *40504110 CANIRO OST11C7 HAS 1440 *017 O0 ENTRY 0/4004 THESE TRACTS FOR 144E UN44e0 POROUS 01 85 44CRDR, PREKN410N ON TTLA1*ENT OF 14050010 044'051A1µ145, AS 4510PE5 OT LAW. 9, 4A4111(NANCO 015E4(44I THE u0111ENM4E EASEMENT; AS $140441 MI DEDICATED R PERP(1O15 T0, AND SNARL OE 440 PERPETUAL MAINTENANCE 00UDAD5N OF 144( DELLA 405* 404(0144(45 ASSOCIATION. '040 00, 00,31140001 000 NAYI70'IANC( Of DRAINAGE' 1000445 000AV 0000 ,7(4010 rS 004444(54 INC 441E 40 445E AND OWN PATO DE (*STMT/4)5 AND ALIO 00*4RD vR 41. OUT to NOT 11144TS 4A004C 10 PERT4 I EvIRO0(4CY NAMENAVCE 50 741E EAS(*r14tt„ oo*C15 T. 'r, 'D', 'N', 1' AAD '1 AS 0.Z4414 OR RAI APE LOCATION N4 R(0E1A1r TO AAO 44.0 0C 04 KRPCRf.4 NA7410044CC COUSAT 04 a M KL* ROSA 1441044040. 0550474400 pro, FOR CO9STAL0TA4 AVD 04447164.7K1 O L40CCAPO 4(4 .1r5 *cum MCA Coxar IS 421/610 OC TRACTS. T WT NOT THE LDL4A110N. 10 04 11(TO int .440 4714 M.N NIE 4040754,0 4 114 COAL 00400000 4144N 144 '4*" 4CY NAA.4(iT.NAMtO Co pkOt/Aqm o (SO !AA tomer( (*1001013 90(08, 4 (44t00 A410 0!01(017014 004440010 10 00 5141 IL RE AMEItiot *u0TE4ANCE 000041400 a DELLA ROSA 4044004405 ASSOCIATION, OTC FOR 01;5004'0 11POSEf RECREATION TRACTS TRACT '0' n OCES*1E0 N PEAPE 0111 TO ANS 9441 PE R4 PERPETUAL *0PA1L0ANCE 044,14704 Cr (0114 104A 4040000400 ASS00400 , INC- (0* R000A1RR4Al MYI1'0'SS MACAU( MOR THE USE AND (4,100141 a RE 044E4,5 a LOIS ✓4 IRO MANNED 0EN4IPM00E. C. NATURAL CAS (05(4001400 THE NATURAL OAS EASC*CNTS 41M44 HEREON AR( 0(0G1C0 TN 4'F04'0515 10 ANO SN*01 DE RE 4*PLTUAL MARi0444CE (*MAMr4 a DELL* 04011 Irt61E01WCR5 A5500*DON, WC ton 1440 4.57.4401404 AND MAINTENANCE 00,00NP41 OAS U1405, *0 *TRESS 4,4440, 111E ADORE RA400 001100 WPM COWART HA1 C411E0 Dim *8(50440 10 p0 105N1D BY 00415 5 Y.(114AN, 400(100(44? Or .44.0 4ANAG(Y0N1 CORP.. A 010RIDA CORPOR41104, NM44OCR e* N4U00 0045 M 0100144 4410, A r64ROA 40401(00 WY COUPAN1, 01 AOR 414 010 y2.1• 00tt a ITS RENDERS, Ay *AY yT.l4ir►44 214 414 D1 L,F:'R.' tEi.r 41M(SSAA F, 0714055.. LD05 i Y4LiM4N, .E (741 RR1N2 NA r.1 YET, D P441tt 444 e: 41,54,144,1'. 4040100E AW YANAQ HENT CORP.D ACKNOWLEDGMENT TO C(RT)FICAA1(00OEIN0.44110404 STATE Cr FLCR04 COX410 M .01/ 4.44'' d2L1= 71 ,S .f' 1040 (00(0540 045TR4u(104 NA5 008)00500(0 OEFML *1 RKL?E9Y Olh ,,_WZ 2007. Sr 11045 5 0EENA74, PTESL01 OF .Art 4444450044(CO%'., A (1000* C94PCRA1104, 44,40.40 a scum 0485 co R0A1t,. 04 A 8101904 40004054 U*OU1r COMA" ON MALT Cr 94 0:01001. 44 45 t=„'„, 'y 40404 —57140 OR PRaTULEC 9010041 *MAX PRRT NAME T r 4011000. L [004441' RES1RC410445 tW RWSLRV4NONS A41EC1RIO RR 084(09444 CO USE Or TNT PROST* 041044 IN 4141 RAT APE (DTD N 01(104 moos 001411401, PA0EJ763. 0URIC 95COb5 a N104 444TH (CANT?, 040000 7. NO 440440 MF411 Mu. SE. RC 401440 f0R AIL 044 ANT PM1ow a 44R POGJECT UNLESS AND 4444, 1140 0400404444/ 00 144 0414110C4440 14(0.5000 044*017 DN 04014*i A740 11x441. CCNUJRRENNCY 0.01044*1E 114 4144 1444401 0 *044404 OF CNE PROJECT 4104 04904 A PURLING NEWT 15 SOUGHT 440*AN PoKR COUNTY ODES NOT GUARANTEE 1144( ADEQUATE GARAGE!). YAM E%151 Al 1411, 144E YARN ML APPLICANT 0 *PMJCANTS SUCCESSOR 0400([5 10 APPLY F00 40 MTAR4 A C0444444001414Y CER(IC410 1 PR0'ER1T 0m4ER5 APE RADNOR O IRON PURIM 00! CARIPOM f4t41 FLY HOST PLANTS A5 SEEMED 4(444+4 *45 8740 00,004400 TO R04K SAVE N *410 [47510, CA'REY 04AY*, Giw404 G0A'4*, LOOUAT, 005E APPLE, 0)4NAu 041}41, Coma JASe44E AND CHINESE 000 0444404, 4 NO 02:1414401414 TREES OR 511404•5 8110 010 444400 N (050440011 41145X1 050174 4F000103L 0 14440E NAY 0E A004T.3u4L 0011144i1045 4844 ARE ROT 14.00000 44 DRS PUT MAT 1018E FOND PA THE 410414 40E400044 a 14AS 4005411 0. 004114E *4x1044142 (4-G *0444*, Etc) a (420400,3 14001. R INCRES,0490tITY a THE 101AWMYX/ T1 0.0N04415) AND NOT 0401AN 404449 COUI4TE T. LOT 4005 TO OE UT AT MAC 4X 804;444 O. 44144144*. 441141 441(44 Oct 00A4, 85 0E07,440E0 RE 445 0040090 784 6 940 01104 41044404/4 Or RE RARCANTROIAACISCSOTOTD 4(444 ARO 84.4 N NO CR0WS0A4C(5 0E 4PP4AVE0 N 180447/10/ ARE 011401014/441410110/4. 41044 a *40 TLA! t 0041510? Na, 4 E02�6r (*1.000744 ELATE • (0047, famtio or 4 PLAT Or SELLA ROSA A 0744176490*4 94 THE 404712011 1/4 OF 1440004 0. TO7a471171 11104E01, RANG( 30 EAST, ✓TOAN MKR COUNTY, 0104000 DESCRIPTION A PARCEL OF LAN5 01140 04 THE 4041,'0051 1/4 OF 5X00454 5. 10014504* 33 SCUM, 101140E 30 005T, INDIAN R:4ER C01NTY, 1.080*. 0E040 MORE PA141101LARLY 015404010 AS 1100000' C0441014CING AT THE N0R0N0£5T COi(44 a THE NORTHEAST 1/4 CF 5441 SECTION 5, PR00(00 SOUTU OR' 45' 50' EAST *1040 1440 004*i UNC 01 SATO NORTHEAST I/4 A DISTANCE OF 33410 FEET; 1440E SWM 00' 15' 34' 8051 A D45t44[E O 30,00 FEET 10 LHC PONT a b0ON*AN0. SAID 4004141 LYING 04 THE SCUT* R4GNI'0.-WAY (8141 UNC O 4N0AN RAR FARMS RATER COFNtOL 0510101 SU0 LATERAL A-3 CANAL; TNLNCE MON 00' 44' O6' (ATT ALONG 5A10 50044 R/4 LR4t A 054040. C1 T50865 EU/. T}ENtt DEPART** SAD 504TH R/w 14,40, SOON 00' 16. 00' 1.401 A DISTANCE a 07500 FLET. *700':( SOUTH N' *0' 41' 41£01 A 05T0.(4* O. 524.74 FEET, TKNC( 301/0, 00' 441' 14' 0451 A 0514NCL Cr 40000 11C4, THENCE 1WM 09' 40' 44° 4051 A 0374440E Or 44300 7EET, Peva WPM 00' IC 140 (AST A 011A4S Cr 40000 FEET, 4040440E SCUM 01' AI 41' 0451 A 0RS1+Na Cr 25903 (EET, 404E40Y •0114. 55' 35"34' REIT A DISTANCE a .5108 4ELL WEE NORM t# 16.14' EAST 4 O114N(2 O WAFT MET TO R( RO444 CF 0D44144. CDN1A11AP14 AH AREA a 10.310 NCR(; 404E M 40015 CERTIFICATE OF SURVEYOR 04410* *:L 4rh 0T THt.1f. PRESENTS .44T 1.40 1.410034440, 440.' A DULY MEMO AND 04054EF054 LAMP $044(104, 00E5 40301( 0(4701 0041 CN *00044(00 Tr. 2000„ 440 0044000 140 104011 a 404 44405 AS 94044 r 1440 A040040 PLAT, MAT SAX RAT R A COAN(441 *40441X014904 0 111E LANDS W4040 (E5tRIM0 AND PLA7 114401 P084AAE44 WE IRER% 401404(1415 NAVE 0E04 PLACED AND EACH PCR. 4449 54((44 SU AS 5440841 45400(ON A5 8(0184(0 8Y C04PT(R 177, f4000tA 5701144(5 */41111/9066110411 AA PLATING 04041104' S'3, 4040004 04YXR COUNTY CODE4 MA1 045 NUT 400444(1 Who0400 80110 P50C4LNT5 00 0HAPER 177 PART 1 PLATING AND Poll 4L moo, swot,443 *00v.9P4S AND 0101140 0440714 943, 440014 RAR (044511 CO1*4. 5444 155 TO 0051.01440/ 0044185 C04110154 10 (CCC P444) (RNR CLASS 4 ST ETA AND NAT 5M0 LAND 11 4UCAOD PA 414000 1140 C0041Y, 8040144 00.100 DATE MOAT' 0 74477, P.L3, A 414ME5910NAL LA140 50044704 RC001RA11ON HA,, 5770, S'1A1 OF 44.00404 4441444* 0 0E810 0* A550C4*405, RAC - 004 01.0 0011 400400( VERO 0E40, FL 32802 (772) 507-7532 L0 NP 00.0 COUNTY SURVEYOR'S CERTIFICATE )47 KAT UOR AL*0* RAS BEEv 44('08[0 * 0r 114 MhOrtt9ON(O ►*14(550400 10 *PER ENROAD Or 00490 a 00.1411 CRA*4•.sO440 OF 440040 AMC (0 h1Y, 4L A 017.411 10 Of 0(4104444010 Of C TA►1CD 171, 1140,04 514 WTLS 8100071 00001, ROAN PIPS (OWN 0444rOR ANO *OPER DATE PEOSTRAIYH NP PS4- me CERTIFICATE OF TITLE 1101( Or ROMA =REV (0 84544, toys 0400' 4A$Ak4 ICC. 41145400101 a 44,504 *14( (0004440, Nn A FLORA C0RP064710N, 4441(4011 kRnFY RIAT 4 MAK (1144404040 THE 141E CN M( HEATO4 0(000500 PROPERM, 4.0 4 MO THAT TOL *167 TD THE 1100PER40 45 445100 R. WAAGE 044*11 00 REALTY VMO. A 'LORCA 1.041110 U40U.Tr LONA*(, AND T44AT ATL !AFL$ NAK woo PAID C T SANT PROPERTY AS 40X124.0 RY 6E01010 107.182, 71000A STATUTES AS AWE WO. AND MAT *M4GAG(5 LIENS M OTHER ENCU40R40($ ARL AS 4000000 40174410640 (44440700 0000807 CODA 1067, MOL 2241, FIOCLItt 0(0(444 004141 A445 TRUST *04060(4; 0AL RE DS 1050, PAD£ 760, SHIVA 4001140S, LC 0,4, sopleal DA 4ASOIG TITLE, COMPANY, 471E-, OY CAROL MASON ICE, 4'RE50011 w'• r Naw �,Axw ANN" A44t04 44044 t4 CPA. SITE 7.LG S7: 2614 S7 704A $r Y 0 vl 0-,4048 45 z3sr: (nor lo scAtti ITAI Z3 0144(0 z9' PDFXET H, 1885037 CERTIFICATE OF APPROVAL BY BOARD OF COUNTY COMMISSIONERS 11004 Is 10 CER AT C44 -&-11.7.0.2_,.114E (00£00440 TUT WAS APPROVED 04 744 BOARD 134'COUNTY C'A'F s eERS 01 INDIAN AMR 000447(, FL071/00... 4140 ME MITT EASC4EN1s AND ACCEPTE0. lrnv-yY .x m �F/y+ APSE Ck l AM ^ 0000E ,�..y%/(: 8/HrATttSrAtom 10 744 CERTIFICATE OF APPROVAL 8Y COUNTY ATTORNEY 0741140440 AS CORM AND LEGAL 10171C3ENCY iI 00 400041( ATTORNEY G*44 CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR £0;0404£0 AN3 M440j��j *144 mgph, 4..1 (101£ _ 21 [)7 ,LCRK3 CERT)F1EJ,yATION L 7 SIAM O1 710440A 003*41Y Of 819044 Rh(R I, 00041 a' ONCN1 COURT 01 ROAN RAR COUNtt, ROMA. 00 44(71L137 CC011fY THAT I RAK (044NE0 0745 PIAT Of DELLA ROSA. AND 0441 IT COMPUC5 WW1 All. THE 0(006104E4110 OF CHAPTER 177 Of 11!0 LAWS a (L000A 1005 PLAT 01LED (OO 00(10440 1445 1470 DAY 40'�.l47!50444 .....-. 3007, MO RECORDED ON PArNAAa i DI141 ( 077140( Or 1CLERK ' a 4041 014',8 COUNTY. RAW.. DY_ 0004T./ CLERO OF GREW 000047 *+041 MI40A COUNT, 404,000* MORTGAGEE'S CONSENT #1 STATE Or !IOWA OON4T, 0('aiMRxI-00 O/IFk 4(40440,1 414 441/010410 440101 00404045 14441 TT 13 1440 0000 Or A 1851 *07110450 4/04 1)4. 1000010 0(50714(0 A MON ANO 0005 440,101.0A4 04 *440 045040 10 144E C(0CA1*6 a WE LAW 0ESOV000 N SAO 0004.010* BY 114 COM* 1140004 AMO ACRES 44407 415 0001GAOE 000014 40 REM= M 0,1104 RECORO0 0000 1907, PACE 7544, 4141044E R'CVKS Of MAN 70'017 400041(, :00800 SHAD OC 04004011FA100 TO 41E 806C*0001 440114 440004 0 1424AK�' N w44SS 004414'( 5 (. T•E 40 8414 *4145 0140500 1440 +anw15 1D 9 00 14(0 010 415 .Y AND 415 004000A1E 0E41 F0 OE 44051110 4408,000 010 8040 11174 114 *10144001140 a 305 00A00O Or DNLCTMS 11✓S ..-13`O.4'i-- DAY CF .1474.9.4±. 2007., OI444444�i 4*. 0".4 1405'7 0r HA4rE1t 1 1714 0. 0+040.0 441, 040 *Tlbf01 a 5 /' WAs 6CRNORLEpgD DCF04C *C 1NIS]il 0AY O,,,L 04 4if/,_, 2007 bY- i0 L, L F'a•, O 4104007( 4401004 gum Arlo RIV1T ON 80401' a riE 1304}:, 1$ PERSONALLY 0 4!(. 14AS PRODUCED A5 100100051404. /ROTARY PUOUC 1 �i,- /7 (SEM) MORTGAGEE SENT #2 54A1E 01 40141400 COUNTY O' I '>L ferl "UR,1404A*0 ME 1140449917410 44041011 C4*1010E5 1*4* 4! 45 140 MOLDER Or A 00.010 40070000 140'4 111E 40050E011 41, THE MO OESCHRJEO PA S 5004490? 010 *6100 "OREM ANO4044704 T*RE5 A*p 44400(3 NAT Ito *ORNOMA X* 04 A740 WANT TO 11CAt0Aq WON ISRLLDRETE0 04 001041 RECORDS 000; 1(500 PAGE 700. PAX 40e1401 or 900404 N440* CO141*, FLORID* 101.4.1 0E 9,1000064A400 TO 04 0(OCATON 940144 44400077, 4{*d. tat1 04'IW55 7444001. DE SA0 0404* HAS 044500 *4 PRESENTS 10 OE 0040 0107(5Y00060A *4411 470 000MR040 SEAL TO OE 01110440 4440040 Or AAO 08404 1140 *103401915 Or I15 9014400 OF 0*4C'1'0RS TMS 17 DAY a .124'JL9*_L-.o. 2007 ICS. 010 _ NAMtE, 04404'!_`•4 .s44LRA7 ro4.AGw7 '(t,**. oroprnor it �+_*4 "4 r 0 OPLCDq« %INAX' 41 Dl00, .444 0*4Y0U+ LF LE R. 40/344 43 OS*0 4L1Y MCHAt TO 4- 02 NAS mono t, RNUL,3044 40(.e1•'PAAS C(ENEM*44M NOTARY P40Lit : 144 i<4'y! (SEAL) **,*0*,.. C Ar 040470 Ate• w'�' �r.A.�r 1445 6151RU*LNC PREPARED 041 41.0404 0. 711477, PRa(051040'. LAND SOLVER 41.448* 0 20NE A 0550014110, NC 604 010 DIME NIO,w"Y, 4400 OLAW, R 17067 (77x) 947-7057 9410 Of VOIVARARON *410 30, 2007 DATE 7/23/07 190. (0t4('4T1 7- 0/30/07 Am 444001 4.40. 10 0105-5447 4 0047 IPC. SHEET l Cr 3 544E0Ts 133 P.D.C. 611.-CORNEP OF N. 1 4 (pp(1F 41.0, 1k/4 00 N.0 OI/4 SECTION 5) FN0,1/r7R/C 'CANTER' .......pr._ -- 0719'44'WE-- ...�...... _7332,10"'" _. 30.00' SO4'w 30.00' A PLAT 02 BELLA ROSA A 55801)45ON IN THE NORTHEAST 1/4 OF SECTION 5. 10x919110 33 SOUTH, RAIICE 34 EAST, MIRAN RIVER COUNTY, FLORIDA O6' x 15' UTILITY EASEMENTS PROPOSED FOR RELEASE GRAPHIC SCALE 40 2R 40 0 400016541 Pp. P1615(1 - NAT 0504' P4 PAW 33 ON nn9 10...0 Fr. PLAT BOO( PAGE DOCKET Na 23 25 1885037 Pfr PER 000 1677, PC, 1013 RA/ PER 0RO. 1057, PG 1013 RAE 7471 Oka. 1145, PG 211 0 0174 4114 FC 543 n1 294.49' `-_-�. ;r PRM HEMP Legend N2.[.•NAIURN. CAS EASEMENT N.E..•MNNIENINCE EASEMENT 0.0-8..0FF4CW. REC0R05 0000 • PRM•PERTHREM KFERDCE NONUMENT (41:4" CONCRETE MONUMENT 4RN MAC WA. 8 BRASS DISK SURFED T09-002-173 68401 •PCP• PERMA14Y1 WN1RCA POP71 (CC74TEN0140) 04 4140. ANN BRASS OS7 STAMPED -PCP x02 -IB 6840' • 007`(747.). 04 94NTN1 COMM PORT (0110100 05) 501 AS 41/14055 TO M1ER0EC110N PONE PO NAIL NTH BRASS DISK STARTED '611NE5S-PCP 1187-1w 6640' 4405NOW79•NATIONAL 0000000 050141181. 001044 OF 1020 11.0.0 AMOR OF 4.0070 COMDR P.010-POLNT Q< 0EC04MNC 47/0•IR074 ROD WRN CAP R.RADI75 4 AGENIRAL ANGLE LANG LENGTH CHO.CHORO C.8.•C44000 OFAMN0 P,O.•PLAT 000K PO .PACE EL•ELEVARO7 END.•FOUR0 IR•01014 ROD I.P.•IRON PIPE C.M,•CONCRETECNI ...POM OF CURVATURE 0.1..POOT 00 TANGENCY 0E,•U4L tY iA4270441E80(T 0001,. DSCAPE FASO/ENT 0.001. -EASEMENT RfR106 0 -OF -WAY • LOT CORNER IWP,.10414$91P RGL•RANGE 26th SIREET (WALKER AVE,) (PuOuC) .-735:Tw ------------- ----- 0,4* FE0 O.R.B. 1143, 05 341 0 ORB. 7175 P:. 543 NFENCR OC10NW ETD, 33 RCE. 39 E END 1/2101/C "CARTER N 74174371W111) 11.E Or *emote 1017 8241300Y 0519)(R/W VMIES) SEC3341 J2, 14P- J1 £ RCE. J5 E. 00 A r 'KR/F63T ONEW-2wT cMS 4 ro2.7 0Of Re2r)Et75'L54r - ., INLWw RIPER PAWS' 744114 00741006 &STR4C1 S7713-7AIERAI A-3 (N741� 'IrSAT 25' l.E- 366.12 ( u 2 7,87 17,30' !'R GC N i'6._. SCCnO+I$ %In`, JJ s, AGY. JvK 644' R/W PER INDIAN RA(R 40475 CO. 4 5. , R 1/A PEAT- TRACT A 5TORMWATER MANAGEMENT 15'0 5146.E.••a •1 / TRACT 14 181105CAPE PCP PPV 140685' 4.00 5501 /.y h 207.14' 3941/ A - PLR'iW1 TRACT 0 LAS105CMC ,T �/q,y.^'f11�. a-- 846 9 846 5-U.5-/ LANE g6�D' PCP C 7 56276 F 1151• TAT: SELLA ROSH "-__..•.-•-�-- ,,.10"4 2 x e 448'0 GM, PCP 4784.711: �1 t TRACT •B• PrF Pcv 7G.� zgao PCP ate..• ` �fy (rRNAt17 , (MT.) T._.1,)Q_.�+ . ._�.. aAWAOE/00052214-..u12rR9 I al it{ 6Ltr 440 ' TT /4900000 3 Pry PCP ,.( 10000' E 8 rr f(1 RED ♦" Da9�5��71 S�drr 1�P0' ON d450 9' 44'0' T 0 9 .911 E 833043.7897 1105 WS1RW07T PREPARED 0Y: MUMS 8. 754472. PROF SSICVAL LAND SURVEYOR maim 8. 2E1412 !4 955001150, RAC. 6734 OLO DIANE HIGHWAY, Vf,RO BEACH. rt. 32062 (772) 557-7552 Par OF� MARK 05.23.17 (T. N6v0214 04. TRACT C ST004941E0 MAN4CEMCNT 531 2' 03 PG xarol lrg I ' I ( '-(--500 1 I -6066'" TNO� 3/rI.P, (NO Lo.)- 40. 4- .a av fl£PLA D W9 i PPN g 589'40�41'W 444 50O'- 0RE5S/R7+FSS (SME, (OR.0. 381, (RRCAS(0-00.8 1551, PC 747) 10' LE: Note0 LOT CORKERS TO DE SET PRIOR TO TRANSFER 06 P4400E074 OR 471010501 1012 AS 5902.14. - 1105 PLAT UES W FLOOD 20414 'r A5 SNOW' ON M1000 4NSUR4NCE RATE Mol' No. 1206120155 E 01600 5/4/09. - COVENANTS, RESTRICTIONS OR 0(5200ATION5 AFFECTING THE 00YER5477 OR USE Of' THE PROPERTY SHOWN 1N THIS PLAT 2�LLRE too) IN OFFICIAL RECORD 8008 N0.,.'CSL•E�PA011 1'153 - 4141ERIOR LOT LINES ARE PARALLEL 00 PER16451[R LOT U14E5 FOR EACH TIER DF 1000. - PLAT 0411C41NARKS 0440407 HEREON ARE IN FEET, REFERENCED 10 THE NATIONAL GEODETIC VERTICAL DATUM OF 1925. BASED ON THE FOLLOWING P08USNE0 ELEVATION 52410WARK: '844 13' (ULM/OTARD 63/41), EIE'VA1IO4 . 20.09 FEET 140901 '29. (/NPL A TTED t M W N ENO. 3 4T.P, (00 L0.) 0445. 0 W.4)f PRM RATES ARD BEA0I140$N 0101 A N RE ARE_ 74 NETWORK STATIONS: 609 1440 N 926960!00 C 0112]4010 GPS 144 120560121.60119411 F 0 SND 7471.05 OC7[0ER5ENCE,141[ 71,00147 5111E NAD 1983.y19B9AADAISIYflii.EAbt ZCNE, DATE OF PREPARATION; MAY 30. 2007 DATE REVISION 7/23/07 T.R.C. (0244(015 Al 8/30/07 11/7/01 ADD ITEM 4.3. TO OE05-911, 1 PER IBC. ADD U.E.'S IN LOt5 SHEET 2 06 3 SHEETS 134 022112M I 3ZRr'TwsAIEll C -, MAR IN6 I�+Fp law'tw�'i 1321111111MMISO am 7r ,YI'w C'Si 111MI R11TPiM MI Fl167 FSI4? 9 .. . W (3311111MI M11ff8)9"19 131111 MC3I3� 4'14 a u..:rw 80111i7;211iri3Ydiya',ylY'xE7'vY ® FuIICIIn) 1 'W 131 1i • ' ' T ' MIMI riBIEEG 7A a579 P.D.C. 611.-CORNEP OF N. 1 4 (pp(1F 41.0, 1k/4 00 N.0 OI/4 SECTION 5) FN0,1/r7R/C 'CANTER' .......pr._ -- 0719'44'WE-- ...�...... _7332,10"'" _. 30.00' SO4'w 30.00' A PLAT 02 BELLA ROSA A 55801)45ON IN THE NORTHEAST 1/4 OF SECTION 5. 10x919110 33 SOUTH, RAIICE 34 EAST, MIRAN RIVER COUNTY, FLORIDA O6' x 15' UTILITY EASEMENTS PROPOSED FOR RELEASE GRAPHIC SCALE 40 2R 40 0 400016541 Pp. P1615(1 - NAT 0504' P4 PAW 33 ON nn9 10...0 Fr. PLAT BOO( PAGE DOCKET Na 23 25 1885037 Pfr PER 000 1677, PC, 1013 RA/ PER 0RO. 1057, PG 1013 RAE 7471 Oka. 1145, PG 211 0 0174 4114 FC 543 n1 294.49' `-_-�. ;r PRM HEMP Legend N2.[.•NAIURN. CAS EASEMENT N.E..•MNNIENINCE EASEMENT 0.0-8..0FF4CW. REC0R05 0000 • PRM•PERTHREM KFERDCE NONUMENT (41:4" CONCRETE MONUMENT 4RN MAC WA. 8 BRASS DISK SURFED T09-002-173 68401 •PCP• PERMA14Y1 WN1RCA POP71 (CC74TEN0140) 04 4140. ANN BRASS OS7 STAMPED -PCP x02 -IB 6840' • 007`(747.). 04 94NTN1 COMM PORT (0110100 05) 501 AS 41/14055 TO M1ER0EC110N PONE PO NAIL NTH BRASS DISK STARTED '611NE5S-PCP 1187-1w 6640' 4405NOW79•NATIONAL 0000000 050141181. 001044 OF 1020 11.0.0 AMOR OF 4.0070 COMDR P.010-POLNT Q< 0EC04MNC 47/0•IR074 ROD WRN CAP R.RADI75 4 AGENIRAL ANGLE LANG LENGTH CHO.CHORO C.8.•C44000 OFAMN0 P,O.•PLAT 000K PO .PACE EL•ELEVARO7 END.•FOUR0 IR•01014 ROD I.P.•IRON PIPE C.M,•CONCRETECNI ...POM OF CURVATURE 0.1..POOT 00 TANGENCY 0E,•U4L tY iA4270441E80(T 0001,. DSCAPE FASO/ENT 0.001. -EASEMENT RfR106 0 -OF -WAY • LOT CORNER IWP,.10414$91P RGL•RANGE 26th SIREET (WALKER AVE,) (PuOuC) .-735:Tw ------------- ----- 0,4* FE0 O.R.B. 1143, 05 341 0 ORB. 7175 P:. 543 NFENCR OC10NW ETD, 33 RCE. 39 E END 1/2101/C "CARTER N 74174371W111) 11.E Or *emote 1017 8241300Y 0519)(R/W VMIES) SEC3341 J2, 14P- J1 £ RCE. J5 E. 00 A r 'KR/F63T ONEW-2wT cMS 4 ro2.7 0Of Re2r)Et75'L54r - ., INLWw RIPER PAWS' 744114 00741006 &STR4C1 S7713-7AIERAI A-3 (N741� 'IrSAT 25' l.E- 366.12 ( u 2 7,87 17,30' !'R GC N i'6._. SCCnO+I$ %In`, JJ s, AGY. JvK 644' R/W PER INDIAN RA(R 40475 CO. 4 5. , R 1/A PEAT- TRACT A 5TORMWATER MANAGEMENT 15'0 5146.E.••a •1 / TRACT 14 181105CAPE PCP PPV 140685' 4.00 5501 /.y h 207.14' 3941/ A - PLR'iW1 TRACT 0 LAS105CMC ,T �/q,y.^'f11�. a-- 846 9 846 5-U.5-/ LANE g6�D' PCP C 7 56276 F 1151• TAT: SELLA ROSH "-__..•.-•-�-- ,,.10"4 2 x e 448'0 GM, PCP 4784.711: �1 t TRACT •B• PrF Pcv 7G.� zgao PCP ate..• ` �fy (rRNAt17 , (MT.) T._.1,)Q_.�+ . ._�.. aAWAOE/00052214-..u12rR9 I al it{ 6Ltr 440 ' TT /4900000 3 Pry PCP ,.( 10000' E 8 rr f(1 RED ♦" Da9�5��71 S�drr 1�P0' ON d450 9' 44'0' T 0 9 .911 E 833043.7897 1105 WS1RW07T PREPARED 0Y: MUMS 8. 754472. PROF SSICVAL LAND SURVEYOR maim 8. 2E1412 !4 955001150, RAC. 6734 OLO DIANE HIGHWAY, Vf,RO BEACH. rt. 32062 (772) 557-7552 Par OF� MARK 05.23.17 (T. N6v0214 04. TRACT C ST004941E0 MAN4CEMCNT 531 2' 03 PG xarol lrg I ' I ( '-(--500 1 I -6066'" TNO� 3/rI.P, (NO Lo.)- 40. 4- .a av fl£PLA D W9 i PPN g 589'40�41'W 444 50O'- 0RE5S/R7+FSS (SME, (OR.0. 381, (RRCAS(0-00.8 1551, PC 747) 10' LE: Note0 LOT CORKERS TO DE SET PRIOR TO TRANSFER 06 P4400E074 OR 471010501 1012 AS 5902.14. - 1105 PLAT UES W FLOOD 20414 'r A5 SNOW' ON M1000 4NSUR4NCE RATE Mol' No. 1206120155 E 01600 5/4/09. - COVENANTS, RESTRICTIONS OR 0(5200ATION5 AFFECTING THE 00YER5477 OR USE Of' THE PROPERTY SHOWN 1N THIS PLAT 2�LLRE too) IN OFFICIAL RECORD 8008 N0.,.'CSL•E�PA011 1'153 - 4141ERIOR LOT LINES ARE PARALLEL 00 PER16451[R LOT U14E5 FOR EACH TIER DF 1000. - PLAT 0411C41NARKS 0440407 HEREON ARE IN FEET, REFERENCED 10 THE NATIONAL GEODETIC VERTICAL DATUM OF 1925. BASED ON THE FOLLOWING P08USNE0 ELEVATION 52410WARK: '844 13' (ULM/OTARD 63/41), EIE'VA1IO4 . 20.09 FEET 140901 '29. (/NPL A TTED t M W N ENO. 3 4T.P, (00 L0.) 0445. 0 W.4)f PRM RATES ARD BEA0I140$N 0101 A N RE ARE_ 74 NETWORK STATIONS: 609 1440 N 926960!00 C 0112]4010 GPS 144 120560121.60119411 F 0 SND 7471.05 OC7[0ER5ENCE,141[ 71,00147 5111E NAD 1983.y19B9AADAISIYflii.EAbt ZCNE, DATE OF PREPARATION; MAY 30. 2007 DATE REVISION 7/23/07 T.R.C. (0244(015 Al 8/30/07 11/7/01 ADD ITEM 4.3. TO OE05-911, 1 PER IBC. ADD U.E.'S IN LOt5 SHEET 2 06 3 SHEETS 134 -r NOTE: 7E f� C5 15043 p AER CWN1t50 410 Thfi 00). 621OLW 05 KNOCK 51410065: 010 tipp IYA1d59TA1 61:4{).070 $P$P,LNLU610 100 f G3 ;ff11i[[iE(R4$/EY00r55yy11CC1((£E ` NMANA1 19319B84A1JU51A1EN Ce457 2e0 STATE A PLAT Or BELLA ROSA A S15801'05)06 W THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 33 SWAN, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA O6' X 15' UTILITY EASEMENTS PROPOSED FOR RELEASE 4000(000 P.O. 1'44430 1 - PLAT BOG( 744 PACO 33 JO' 11/10 PER ORO. 7'897 PG. 2057 75RN-15 JON' U N P L A T T E D 52968' E, CORNER OF N.E. 14 PA PER ORO 113, PO 541 R O.AIL 1113 PG 347 A0 0 NO4CSOA 1/4 SECTOR S ) 5 ____------- •,.,,._.-_„--.....---.............r ........... ».- .--...2.31. F0,4/2IP/'CARTER' _ 80' 8/11 PER NOMRPER 040')0 CO. -pt44F 5619'45'58Y » 152jJ.98 ��,��-� I- NN 1/4 OF N.E. 1/4 SCOW 5 $I 1 ry 3- 4 81 w 4! M 99'4 '58" PCP 'TRACT 041@00,40( N.E. CORNER OF 6,w. 1/4 0{14.0. 1/4 5E011051 5 11/04 010 0(CO40400 INFO FMO.) 1104, 33 5., ROE. 39 E. 0710.1/2.44/C '4.80(04' GRAPI'*C SCALE 40 0 20 40 05 ,p 404 ILE11 1 ion.. 4o FT, UNFLA ITEP RTW' PE10 ORA 709.E 1'0( (A0� 137,00' 7,g+g 11/4 PER P4R(IA OPSCISPIAYI ' PCR ORO, 1094, 150. 314 PLAT ROCK 23 2,!J DOCKET NP (() 5037 PAGE 145 INSIRUME)41 PREPARED DC YALUA8 D. ZENTZ, PROFESSIONAL LAND SURVEYOR %SWAN 6. 20412 & 40501541)5, WC. 684 OLO 040E 9(0044411, YERO 804(37, FL 32962 (772) 567-7552 sOVOINO NW? EMUS MAWR CONIROL WWI sce-eArrxe. A -J caw? Z:7, 4 r.*'' 4.1 5" RCC " C T4. u15 ORQ)0a44c axArRC26th STREET (WALKER AVE) Mem) 5 i Q D. 3 4'0P. (NO ID) A 9 .4E1 N £ 0304614,706 S89'45'SB'F r5'N.G(. 104(1 0 5'442:.� 489'45'08 w B _..-_.87.72'...-4-_.. M8�11'14"" APE Tx. '_ __ --- 112.67'- '1f. -I2lIt1SL� '71:73" 1' 6'Uf�i� 97'1104 6U.En' • � •� 6V.L C 'tDfND 4 3110 ., s � 28 �/ . bU, _ 17 U.E. - - -Sf' "' " RR2�'y4Ay „ T �R , 1►s - y Lsr " g400 ( L L. 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LAT APE S N.I'E•'�, 1 779 Sr 588'44'41'4 1 bLbENCTIMARK TOP Of -PRM (0,922.45 Fl, 1.403729 FND. 3/4 .8,400 601)14 97tH PRN U N P LATTED Notes: 001 CORNERS 50 80 SET PRIOR TO TRANSFER OF PROPERTY OR INDINDUAL LOTS AS 5410440 - THIS PLAT UES W 11.000 TONE 'A- AS 910444 ON 41.000 0)910ANCE RATE MAP NN 1206100155 0, DATED 7/4/69. - COVENANTS, RESTRICTIONS OR RESERVATIONS Aff001ING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN 44 11410 P140 141E FILED IN OIFIGAL RECOR7 13004 N0, TA3Y PAOE,I:i(A.3_.. - 041ER10R LOT LINES ARE PARALLEL TO PERIMETER LOT LINES FOR (604 TIER OF LOIS. - PLAT 8ENCHMA4415 5340914 HEREON ARE IN FEET, REFERENCED TO THE NATIONAL GEODETIC 0060(4). 641934 OF 1979. BASED ON TILE 001106'40 1)98250(0 ELEVATION BENCHMARK: '8A 13' (8LANG1AR0 63/47), ELEVATION - 20.99 FEET NOVD '24, 6,705$454035 05444 (08.8 550 1)0 7510) (00104000-00,11. I0310 1)0 747) R.RA0100 434CEHIRA. 41,1E 0.611C LEN01H CN0.C110RD C.8. -C11000 BLARING P,8.3•PLAT BOOK 'PC. -PAGE EL.E1E01104 FND.-FOUND MORON ROD 11'..5011 ROPE C.M..CGt:.'RE10 600981x, 0.C..P011,1 OF W61.91414E P1.1'0141 OF TANGENCY 0.(•014210 (MOON L(•1ANOSCAPC 0400 11 {SMT..LUSENET/ P/w.RIGHT-OF-940 •. EAT CORNER ITE-INGR£55/EGRE55 824.74 N 0 E..14411.1124. CAS EASEMENT 3.1,4.1ANNTEUNCE 045EME!41 0.400 'OF.IICUL RECORDS 8004; • PRN-PE6NM4EI0 REFERENCE 60)0NERT (4•,4' CONCRETE 14OMWEH7 w110 MAG 414E 44 BRASS DISK WORD '8158 -380 -LB 6040') •PGI. PERMANENT (0VIROL WNl (CENIERUN£) PK NAR (010 MASS 064 51441'(6 'PCP 380-08 6647 . PORNO. 8£4444.9141 CONTROL POO (CENTE80NE) 501 AS ONUS TO 1NTEA0E01150 PORN PA NAIL 76144 BRASS DIS'; 514O(0 '(01Ne00-PEP 602-E8 4640' NGYJ'09"14400NAE GEODETIC TERROR. CCpppp��DATUM OF 1629 P,0.9,.PGNT OAF COt,"94, EMEhT R/(.IRON ROD 0011 CAP Tw'P.',10NRYN1P RGE..R44GE 4412041602556 E 834613.4749 191E TABLE -SHEET 3 014E BEARING T5 SDO1 a? 3.04 1£11004 28.6) L6 505'98'33'44 L7 60251'44'8 .3113' 14.4)' 18 : '2('14'W 16.91' 1.0 005'40'47"E &13' 110 596.43'15'0 1.11 5(9'43'15'# 112 586'54'37'E 6.91' 8 26' 43.85' 113 98216'25'91 2,17' 014 015 1969030'6 140216'2418 3.55' 10.47' U6 14009000'w 22.31 LIT .58004000'O 36.01' 1l0 119 120 L21 60110'0Q'( 16000'000 5694041•33 989'9741'9 5e00' 50/0 /4.74 10.71' ( y 70 1RAc- 0 (, a ^^064• LT1r-b . Im '4;:(118) - ue 7'4' •t1. _ uP ".. TRAL.TCT 8 1 1^ 5 PCP(Me1) DETAIL {40.3/4')1'.(4 UIJ 9'.20' 1500 TOREN 09000407£0 1S' UE 008110640 STA PC 7820) MA PO ;AN DETAIL (.10' DATE OF PREPARATION: MAY 30, 2007 DATE REV45(09 2/23/07 (.R.C. COMMENTS /1 6/30/07 11 /1 /07 ADD ITEM A.3. 10 DE05-GIT. I PER I.R.C. ADO u.e.0 IN LOIS SHEET 30(- 3 SHEETS 135 RESOLUTION NO. 2019 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING CERTAIN EASEMENTS ON 18 LOTS IN BELLA ROSA SUBDIVISION WHEREAS, Indian River County has an interest in certain utility easements on 18 lots in Bella Rosa Subdivision; and WHEREAS, 26th Street Properties, LLC, the owner of the lots, has made application to Indian River County requesting that the County release those certain easements, and WHEREAS, the retention of the easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements: the 6' x 15' utility easements on Lots 1, 8, 9, 16, 25, 32, 33, 40, 41, 48, 49, 56, 57, 64, 65, 72, 73, and 80, Bella Rosa Subdivision, as shown on the plat thereof recorded in Plat Book 23, Page 24 of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2019, by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2019 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 136 RESOLUTION NO. 2019 - APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl. no. 2003050252/83235 Cc: Applicant: 26TH STREET PROPERTIES, LLC ATTN: DAVID EDERER 9086 CASTLE HARBOUR CIR VERO BEACH, FL 32963 137 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 21, 2019 SUBJECT: Consideration of Consultant Contract for Community Development Block Grant (CDBG) Housing Rehabilitation Administration Services It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 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. Among other things, that award letter stated that the County could proceed with the RFP process for selecting a consultant to administer the CDBG and also informed the County that a proposed CDBG agreement with DEO would be sent to the County to execute as soon as the state completed its preliminary review. The County subsequently initiated the RFP process for a consultant to administer the grant. 1 138 Responses to the RFP were received on January 25, 2019 and thereafter distributed to a consultant selection committee to review. That selection committee, comprised of Stan Boling, Community Development Director, Kristin Daniels, Budget Director, and Scott McAdam, Building Official met on January 29, 2019 to review the results of their independently evaluated and scored proposals in accordance with the County Purchasing Manual and the criteria established in the RFP. Based on the written proposal, staff experience, and other factors, the committee ranked Guardian Community Resource Management, Inc. as number one for grant administration services. On February 12, 2019, the Board of County Commissioners reviewed and approved the selection committee's recommendation and authorized staff to proceed with contract negotiations with the number one ranked firm, Guardian Community Resource Management, Inc. Recently, the County received a proposed agreement from the Florida Department of Economic Opportunity (DEO) for the $750,000 in Housing Rehabilitation CDBG funds. That agreement is being considered by the Board of County Commissioners under the Consent Agenda of its March 5, 2019 meeting and is not part of this agenda item. The proposed grant administration services contract with Guardian Community Resource Management, Inc. is contingent upon the County entering into the DEO agreement and receiving funding from DEO to pay for those administrative services. ANALYSIS Since Board approval of the consultant selection committee's recommendation, staff has successfully negotiated a contract with the top ranked consultant. As proposed, the contract includes but will not be limited to the following services that the consultant must perform: General Requirements Assist the County in the actions approved by DEO for the CDBG within the specified budget. Perform an environmental review and request release of project funds. Assist County staff with the financial procedures for receiving funds and disbursement of payments. Assist in financial reporting. Prepare spreadsheets of budget and expenditures and monitor budget and expenses. Assess and ensure the local government's compliance with federal, state, and local regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, etc. Provide assistance in solicitations for needed services, which may include abstractors, surveyors, lead inspectors, and contractors. Conduct a project area meeting (if necessary) to explain the program to residents/owners. 2 139 • Meet with the local building official to lay out the parameters of the specific code criteria the building department wishes utilized in the rehabilitation of the housing units. • Maintain all CDBG Housing Rehabilitation and client/applicant files. • Retain CDBG related files/records for the length of time required by DEO and the US Depaitment of Housing and Urban Development and provide access to those files as needed. • Supervise all payment authorizations to assure proper documentation and appropriate payments. • Produce and submit required program reports, including any quarterly, final, Section 3 and Women and Minority Business -Owned Enterprises (W/MBE) reports, and other reports as may be requested. • Represent the local government during local/state/federal agency monitoring visits and inquiries. • Provide responses to audits and monitoring reports for review and approval by County. • Develop corrective action plans to address noted deficiencies (from audit or monitoring reports). • Respond to questions and/or complaints from citizens. • Recommend policy and/or grant amendments. Take necessary actions in response to the local government's decision, such as advertising and conducting public hearings, updating the project environmental review file, and attended meetings. • Organize and conduct Citizens Advisory Task Force meetings as needed. • Perform program close-out activities, including submission of reports and provision of follow-up information. • Perform other administrative tasks related to the Indian River County Housing Rehabilitation CDBG for the successful administration and closeout of the grant. • Ensure compliance with all applicable CDBG requirements. • Attend meetings as needed and requested by the County. Client/Applicant Selection & Work Write-ups • Administer an intake application for potential clients and carrying out housing inspections of all identified units to determine if applicants qualify for the program and the extent of work needed for each residence. • Verify each applicant's income to determine eligibility. • Carry out detailed housing inspections, complete work write-ups, and construction cost estimates. If the unit was constructed prior to 1978 a lead based paint test will be carried out by an independent contractor. • Review work write-ups with the owner and obtain the owners signed acknowledgment that they are in agreement with the work to be carried out. • Obtain title searches on each potential unit to ensure the applicants have equitable interest in the property. • Rank all potential clients and present the ranked list to County for approval or revision. 3 140 Identify and appropriately acknowledging all clients with potential conflicts of interest. Consultant must request and obtain from DEO waivers to rehabilitate units belonging to clients with potential conflicts of interest. Construction & Contractor Related Activities • Prepare Invitations to bid/bid documents, requests for quotes, and any legal advertisements for County review and use. • Oversee the rehabilitation work bidding process. Consultant must ensure that contractors will perform a mandatory walk through of the dwellings, prior to bidding and must coordinate with County staff to ensure compliance with county requirements. • Review bids and provide input regarding contractor eligibility and compliance. • Review proposed bids and coordinate with County staff prior to presenting bids and contracts to the homeowner for approval. • Oversee execution of rehabilitation contracts. The contractor and owner will be required to be in attendance and both the contractor and the owner will sign a written acknowledgment of the work to be completed. • Prepare notices to proceed. • Ensure that contractors will record Notices of Commencement. • Manage construction contracts and ensure that all federal, state and local laws are met. • Photo and video pre -construction, during construction, and post construction activities at each housing unit. • Perform interim and final housing inspections. • Relocate the owner out of the dwelling, if it is necessary. • Obtain a signed work acceptance verification from the owner prior to release of final funds to contractor. • Ensure satisfaction of the mechanics' lien law. • Monitor contractor performance and compliance with contract requirements, including required evaluation of contractors' weekly payroll for federal projects. The negotiated cost for grant administrative services to be provided by Guardian Community Resource Management, Inc. is $90,000. That $90,000.00 represents 12% of the $750,000 grant amount. As allowed by CDBG requirements, administration costs for the project will be funded from grant proceeds. The maximum percentage of grant funds that may be used for a Housing Rehabilitation category CDBG is 15%, or $112,500. In this case, the remaining $22,500 may be used to pay for County staff time spent working on grant activities, to pay for additional housing rehabilitation related activities, or a combination of both. The grant administration costs have been incorporated into the draft contract attached to this staff report. It is estimated that CDBG related activities and services of the consultant will last from 18 to 24 months. The contract is written to accommodate a 24 month time period, but also includes allowances for fluctuations in time and adjustment to the payment schedule should the 4 141 project be completed and the grant closed out either before or after that 24 month time period. In order to proceed with the CDBG funded project, the Board now must authorize the Chairman to sign the CDBG contract with Guardian Community Resource Management, Inc. for grant administration services. The proposed contract is attached to this staff report (Attachment 1). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the proposed contract between the Board of County Commissioners and Guardian Community Resource Management, Inc. for administration of a Housing Rehabilitation Community Development Block Grant; and 2. Authorize the Chairman to execute the contract. ATTACHMENT 1.) Proposed contract between the Indian River County Board of County Commissioners and Guardian Community Resource Management, Inc. for the administration of a Housing Rehabilitation Community Development Block Grant. F:\Community Development\CDBG\2017-18 CDBG\Contracts\Grant Administration\BCC Item - Consultant Contract.docx 5 142 CONTRACT forCDBG Housing Rehabilitation Category Administration Services FFY 2017 (CONTRACT #19DB-ON-10-40-01-H 03) THIS CONTRACT for CDBG Housing Rehabilitation Category Administration Services ("CONTRACT") is entered into as of this 5th day of March, 2019 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and Guardian CRM, Inc. a Florida corporation,15000 Citrus Country Drive, Suite 331, Dade City, Florida, 33523 ("CONSULTANT"). BACKGROUND RECITALS: In compliance with federal, state and local laws and requirements, the COUNTY has selected the CONSULTANT to provide Community Development Block Grant (CDBG) Housing Rehabilitation Category Administration Services. A. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and B. The COUNTY and the CONSULTANT wish to enter into this CONTRACT for CONSULTANT's Services for administering the County's FFY 2017 Housing Rehabilitation CDBG, contingent upon COUNTY entering into a CDBG Housing Rehabilitation Category Award Agreement with the Florida Department of Economic Opportunity (DEO Agreement). NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. SCOPE OF SERVICES AND GENERAL REQUIREMENTS 1.1 The obligations of COUNTY hereunder are subject to annual appropriation and budget as required by law. 1.2 Project: CONSULTANT shall commence and furnish services as outlined in Request for Proposals #2019036 and as expanded upon by CONSULTANT's response thereto, attached hereto as Exhibits "A" and "B", respectively, for Community Development Block Grant (CDBG) grant administration services in a manner consistent with industry standards and applicable laws, codes and customs. CONSULTANT shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the CDBG administration. 1.3 DEO Agreement: The COUNTY's CDBG Award Agreement from DEO and the requirements contained in that agreement shall become part of this CONTRACT. If the DEO Agreement is amended, the scope of services for the project contained within this CONTRACT shall be amended to be consistent with the amended CDBG Award Agreement. 1.4 Payments: Payment of funds pursuant to this CONTRACT is subject to and conditioned upon DEO's approval of the Grant Administration Services Procurement for CONSULTANT and the release of authorized appropriations from DEO for 2 Attachrnt 1 CONSULTANT CDBG Housing Rehabilitation Category Administration Services. CONSULTANT shall be paid in accordance with Section 5 of this CONTRACT. 1.5 Administration of CONTRACT: The Indian River County Community Development Department shall administer this CONTRACT for COUNTY. No change in the CONTRACT scope or payment shall be valid without the prior written approval of the Board of County Commissioners. 1.6 Complete CONTRACT: This CONTRACT constitutes the entire and exclusive CONTRACT between County and CONSULTANT with reference to the Project. This CONTRACT supersedes any and all prior documents, discussions, communications, representations, understandings, negotiations or agreements by and between the parties. 1.7 Assignment: This CONTRACT may not be assigned except at the written consent of County, and if so assigned, shall extend and be binding upon the successors and assigns of CONSULTANT. 2. COUNTY OBLIGATIONS 2.1 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request ofCONSULTANT to COUNTY. 2.2 The COUNTY shall examine work presented by the CONSULTANT, and when requested/required, respond within a reasonable time. 2.3 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this CONTRACT shall be construed to operate as a waiver of any rights under this CONTRACT or of any cause of action arising out of the performance of this CONTRACT. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this CONTRACT. 2.4 The COUNTY reserves the right to appoint one or more Project Managers for specific Services in connection with this CONTRACT. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.5 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may 3 144 necessitate modifications to this CONTRACT. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this CONTRACT. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the Project as set forth in this CONTRACT. 3.2 The CONSULTANT agrees to complete the Project within the time frame specified. 3.3 The CONSULTANT will maintain an adequate staff of qualified personnel. CONSULTANT's primary contact responsible for administration of this CONTRACT is J. Corbett Alday, CEO, Guardian Community Resource Management, Inc. 3.4 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this CONTRACT. This includes, when applicable, the provisions contained in Exhibits C and D and incorporated herein and the rules and regulations contained in the DEO Agreement. 3.5 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this CONTRACT on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.6 The CONSULTANT shall during the entire term of this CONTRACT, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this CONTRACT. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.7 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.8 The CONSULTANT shall report the status of the Services under this CONTRACT to the County Project Manager upon request and hold all work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.9 All documents, reports, tracings, plans, specifications, information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this CONTRACT, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this CONTRACT is complete, all of the above data shall be delivered to the County Project Manager. 4 145 3.10 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this CONTRACT. The Books shall identify the Services rendered during each month of the CONTRACT and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this CONTRACT, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 4. TERM; DURATION OF CONTRACT 4.1 This CONTRACT shall remain in full force and effect until final completion and administrative closeout of the DEO Agreement, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". 5. COMPENSATION 5.1 Amount of Consideration: The Local Government agrees to pay, from the funding set forth in the Background Recitals Section and Section 1 of this CONTRACT, CONSULTANT in the following manner: Compensation for the CONSULTANT shall be the total sum of Ninety Thousand and 00/100 Dollars ($90,000.00), distributed as Twenty Four (24) equal monthly payments of Three Thousand One Hundred Twenty Five and 00/100 Dollars ($3,125.00). If an extension of the grant is requested and approved by The Florida Department of Economic Opportunity, the monthly payment will be reduced accordingly to correspond with the remaining portion of the CONTRACT. Five Thousand and 00/100 Dollars ($5,000.00) will be paid after the U.S. Department of Housing and Urban Development environmental review is completed and request for release of funds is approved by DEO. The balance of Ten Thousand and 00/100 Dollars ($10,000.00) will be paid upon approval by the County of the consultant's proposed CDBG closeout report. Payments will commence thirty (30) days after the effective date of the agreement between the Florida Department of Economic Opportunity and COUNTY. At the end of the twelfth month of this CONTRACT, COUNTY and CONSULTANT shall review the progress of the project to determine if the project is proceeding on schedule. If the project is determined not to be progressing on schedule, a revised payment schedule shall be developed that is acceptable to both parties. If the DEO Agreement obligations are met and the grant closes out prior to the twenty four month ending date, the CONSULTANT can be paid the sum remaining in the contract upon issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Economic Opportunity. All requests for payment shall be submitted by the Administrator in detail sufficient for a proper pre audit and post audit review. No payments shall be made to the Administrator if the CDBG NSP grant is not awarded to the Local Government. 5.2 Method of Payments: CONSULTANT will submit a monthly invoice. The invoice shall be submitted to the COUNTY in sufficient detail for a proper pre audit and post audit review. Payment shall be made in accordance with the Local Government Prompt Payment Act, Florida 5 146 Statutes 218.70. The invoice shall be consistent with the payment schedule established in 5.1 and any additional amount for services rendered pursuant to 5.3. 5.3 Additional Services: If additional services are requested by the COUNTY or required, then the cost of these additional services shall be based on the hourly rates identified in Exhibit B of this CONTRACT and shall only be performed if a work order or CONTRACT amendment is executed by both COUNTY and CONSULTANT. 5.4 Social Security: The County shall not be liable for Social Security contributions or federal withholding of income tax relative to the compensation of CONSULTANT staff. 6. STATUTORY DISCLOSURES 6.1 Solicitation of Contract: The CONSULTANT warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for CONSULTANT to solicit or secure this CONTRACT and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other compensation contingent upon or resulting from the award or making of this CONTRACT. 6.2 Public Entity Crime Affidavit: As provided by Florida Statute 287.133(2)(a), 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 a 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 Florida Statute 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Any person must notify the County within 30 days after a conviction of a public entity crime applicable to that person or to an affiliate of that person. By its execution hereof, CONSULTANT certifies that neither it nor an affiliate is on the convicted vendor list. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this CONTRACT until it has obtained all insurance required under this CONTRACT as may be modified and approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this CONTRACT, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $500,000 per occurrence. The listed breakdown of required General Liability insurance coverages included in the RFP (e.g. Each Occurrence, Fire Damage -any one fire, Medical Expenses -any one person, etc.) shall not apply to this CONTRACT. 6 147 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $500,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, eaming, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this CONTRACT. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub consultants. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this CONTRACT. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this CONTRACT by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this CONTRACT. 8. TERMINATION (CAUSE AND/OR CONVENIENCE) This CONTRACT may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the 7 148 termination of this CONTRACT, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.1 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized and completed. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.2 The obligation to provide services under this CONTRACT may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this CONTRACT through no fault of the terminating party. 8.3 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this CONTRACT in accordance with its terms. 8.4 In the event of termination of this CONTRACT, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this CONTRACT. 8.5 The COUNTY may terminate this CONTRACT for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this CONTRACT. 8.6 The COUNTY may terminate this CONTRACT in whole or in part if the CONSULTANT submits a false invoice to the COUNTY 8.7 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this CONTRACT is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined 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. 8.8 COUNTY may terminate this CONTRACT if CONSULTANT 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. 8.9 COUNTY may terminate this CONTRACT if CONSULTANT, including all wholly owned 8 149 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. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES 9.1 Execution of this CONTRACT by the CONSULTANT shall act as the execution of a truth- in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this CONTRACT are accurate, complete and current as of the date of the CONTRACT and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor: It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the CONTRACT and not otherwise. 10.2 Merger: Modification. This CONTRACT incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the CONTRACT that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this CONTRACT shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law: Venue. This CONTRACT, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this CONTRACT shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies: No Waiver. All remedies provided in this CONTRACT shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this CONTRACT shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this CONTRACT or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive 9 150 the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this CONTRACT or because of an alleged dispute, breach, default, or misrepresentation iri connection with any provisions of this CONTRACT, each party shall bear its own costs. 10.5 Severability: If any term or provision of this CONTRACT or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this CONTRACT, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this CONTRACT shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds: The obligations of the COUNTY under this CONTRACT are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit: The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or anyform of indebtedness. 10.8 Survival: Except as otherwise expressly provided herein, each obligation In this CONTRACT to be performed by CONSULTANT shall survive the termination or expiration of this CONTRACT. 10.9 Construction: The headings of the sections of this CONTRACT are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this CONTRACT was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this CONTRACT. 10.10 Counterparts: This CONTRACT may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Notices: Unless otherwise requested, any notices hereunder shall be provided by hand delivery, certified U.S. Mail (return receipt requested) or by a nationally -recognized delivery service (with proof of delivery) to the other Party in writing at the address specified in the opening paragraph hereof. Additionally, a corporate officer of CONSULTANT or the on-site superintendent in charge of the Project are appropriate persons to receive notice on behalf of CONSULTANT. 10.12 Public Records Compliance: Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. All documents, including but not limited to, letters, memos, e-mails, computer files, photographs, drawings, tracings, plans, specifications, maps, evaluations, reports and other records and data of any type relating to the Project prepared or developed by CONSULTANT under this CONTRACT are public records subject to Florida Statutes Chapter 119 and shall not 10 151 be destroyed. Specifically, the CONSULTANT 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 CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 pubiicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 Failure of the CONSULTANT to comply with these requirements shall be a material breach of this CONTRACT. 10.13 Access and Retention to Records: The County, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this CONTRACT for the purpose of making audit, examination, excerpts, and transcriptions. CONSULTANT shall retain all records relating to this CONTRACT for six (6) years after the County makes final payment and all other pending matters are closed. 10.14 E -Verify: CONSULTANT shall utilize the U. S. Department of Homeland Security's E- 11 152 Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: (1) all persons employed by the CONSULTANT during the term of the CONTRACT to perform employment duties within Florida; and (2) all persons, including sub consultants, assigned by the CONSULTANT to perform work pursuant to the CONTRACT with the County. 10.15 No obligation to third parties: No party to this CONTRACT shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party to third parties, and nothing in this CONTRACT shall be deemed to contemplate either party as a partner, agent or representative of the other party. 10.16 Representation before DEO and HUD: It is understood that a representative of CONSULTANT will represent this project before any and all DEO and United States Department of Housing and Urban Development (HUD) meetings or hearings. A representative of COUNTY may attend upon being notified of the meeting or hearing. 12 153 IN WITNESS WHEREOF the parties hereto have executed this CONTRACT as of the date first written above. Consultant: INDIAN RIVER COUNTY By its Board of County Commissioners By Printed Name and Title Date Witness: By Bob Solari, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By By Deputy Clerk Printed Name Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 13 154 Project Name: RFP #: Request for Proposals Housing Rehabilitation Category CDBG Administration Services FFY 2017 (Contract # 19DB-ON-10-40-01-H 03) 2019036 RFP Opening Date: January 25, 2019 RFP Opening Time: 2:00 P.M. All submittals must be received by the Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late submittals will be not be accepted or considered. PLEASE SUBMIT (1) ONE PRINTED VERSION MARKED ORIGINAL, FIVE (5) PRINTED COPIES AND ONE (1) ELECTRONIC COPY OF YOUR PROPOSAL IN PORTABLE DOCUMENT FORMAT (PDF) ON EITHER CD OR THUMB DRIVE. Refer All Questions to: purchasing@ircgov.com Exhibit A REQUEST FOR PROPOSALS 2019036 CDBG ADMINISTRATIVE SERVICES The Indian River County Board of County Commissioners is requesting proposals from qualified individuals or firms to provide administration services in conjunction with a Florida Small Cities Community Development Block Grant (CDBG) in the Housing Rehabilitation category for Federal Fiscal Year 2017 (Contract # 19DB-ON-10-40-01-H 03). The specific project to be administered is a Housing Rehabilitation category CDBG to assist very -low, low, and moderate income households in the unincorporated areas of Indian River County with rehabilitation, demolition, replacement of housing units that do not meet the standards of safe and sanitary housing. A CDBG of $750,000.00 was awarded to the County; therefore, procurement and contracting will follow CDBG regulations. The Request for Proposals (RFP) containing a detailed "Scope of Work" and submittal instructions for this project may be obtained from www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. All submittals must be received by the Purchasing Division, 1800 27th Street, Building B, Vero Beach, Florida 32960 by 2:00 p.m. Friday, January 25, 2019. Late submittals will not be accepted or considered. The Board of County Commissioners reserves the right to accept or reject any and all proposals in whole or in part and to waive any technicality or irregularity. INDIAN RIVER COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER, A FAIR HOUSING ADVOCATE AND A HANDICAP ACCESSIBLE JURISDICTION. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication in the Indian River Press Journal Date: Sunday, December 30, 2018 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 156 Statement of No Bid/Proposal Should you elect not to submit a response, please complete and send this page by email (purchasing@ircgov.com), fax (772-770-5140) or by mail to Indian River County Purchasing, 1800 27th Street, Vero Beach, FL 32960. Please select all of the following that apply. Our decision not to bid on the subject project was based on: Project is located too far from our base of operations Project value too low Project specifications unclear (please explain below) Material availability may be a challenge Our current schedule will not allow us to perform Unable to meet insurance requirements Other: Other: General comments regarding the bid and/or plans and specifications: 157 Proposer Information Form Please return one copy of this form to assist us in learning more about where our solicitation opportunities are most often found. Please tell us how you found out this Request for Proposals was released/available: Indian River Press Journal (TCPaIm) nDemandstar/Onvia Email from Purchasing Division n Indian River County Web Site Planroom (Please provide the name): Other (please describe): 158 General Project Information and Scope of Services/Work Purpose Indian River County is soliciting proposals for consultants to administer a Federal Fiscal Year 2017 Housing Rehabilitation Category Community Development Block Grant (CDBG). The successful proposer shall have the proven ability to provide services required pursuant to this Request for Proposals (RFP), which includes, but is not limited to all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment, personnel, and 'services to provide full and complete program administration services for the Housing Rehabilitation CDBG and, in particular, the following specific requirements and conditions described in this RFP, including all applicable terms and conditions as set forth in the Florida Department of Economic Opportunity (DEO) Agreement and not expressly referenced in the RFP. Overview Indian River County is an urbanizing county in East Central Florida, encompassing approximately 543 square miles. The current population of the County is approximately 151,000. About 34% of those residents live in one of the county's five municipalities, while the remainder lives in the unincorporated area of the county. In August 2018, the County applied for, and was later awarded, a $750,000 Housing Rehabilitation CDBG for FFY 2017. That grant must be used for housing rehabilitation/demolition/replacement for owner - occupied single family homes as approved by the Florida Department of Economic Opportunity. A minimum of eleven (11) Low and Moderate Income (LMI) households must be assisted, with no less than three (3) of those households in the "low-income" category (at or below 50% Area Median Income) and no less than two (2) of those households in the "very low income" (incomes not exceeding 30% of Area Median Income) category. The period of performance for the contract for grant administration services is anticipated to run from date of contract award to closeout of the CDBG project. Tentative Submission, Review, and Contract Award Schedule December 30, 2018 January 25, 2019 January 29, 2019 February 1, 2019 February 12, 2019 Advertise for Request for Proposals Proposal Submission Deadline Selection Committee meets to rank proposals, short-list proposals, and provide notification regarding interviews (if held) Presentation by consultants; and consultants ranking by consultant selection committee (if necessary) Board of County Commissioners Approval of Proposal 159 Limitation This request for proposals does not commit the Indian River County Board of County Commissioners to award a contract or to pay any costs incurred in preparation of a response to this request. The County's Obligations • The County shall make available to the consultant any data available in the County's files pertaining to the work to be performed under this agreement. • The County agrees, upon contract award, to pay fees and other compensation in accordance with a fee schedule to be incorporated in a final contract. • The County shall have the sole right to determine which units or sections of the work that the consultant shall initiate and in what order. • The County Community Development Director shall decide and dispose of all claims, questions, and disputes arising under this agreement. • The County reserves the right to audit the records of the consultant related to this agreement at any time during the contract period and for a period of three years after final payment is made. The consultant shall provide copies of any records solely at the cost of reproduction. The Consultant's Obligation The consultant shall administer the County's CDBG in accordance with the County's CDBG Housing Rehabilitation agreement with DEO (forthcoming), the County's CDBG Housing Assistance Plan (Attachment A), and other applicable documents and requirements related to the County's CDBG. All professional services must be to current professional standards and adequate qualified staff shall be maintained for the duration of the CDBG award. Specific tasks involved with this project include, but are not limited to: General Requirements • Assist the County in the actions approved by DEO for the CDBG within the specified budget. • Perform an environmental review and request release of project funds. • Assist County staff with the financial procedures for receiving funds and disbursement of payments. Assist in financial reporting. • Prepare spreadsheets of budget and expenditures and monitor budget and expenses. • Assess and ensure the local government's compliance with federal, state, and local regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, etc. • Provide assistance in solicitations for needed services, which may include abstractors, surveyors, lead inspectors, and contractors. • Conduct a project area meeting (if necessary) to explain the program to residents/owners. • Meet with the local building official to lay out the parameters of the specific code criteria the building department wishes utilized in the rehabilitation of the housing units. • Maintain all CDBG Housing Rehabilitation and client/applicant files. • Retain CDBG related files/records for the length of time required by DEO and the US Department 160 of Housing and Urban Development and provide access to those files as needed. • Supervise all payment authorizations to assure proper documentation and appropriate payments. • Produce and submit required program reports, including any quarterly, final, Section 3 and Women and Minority Business -Owned Enterprises (W/MBE) reports, and other reports as may be requested. • Represent the local government during local/state/federal agency monitoring visits and inquiries. • Provide responses to audits and monitoring reports for review and approval by County. • Develop corrective action plans to address noted deficiencies (from audit or monitoring reports). • Respond to questions and/or complaints from citizens. • Recommend policy and/or grant amendments. Take necessary actions in response to the local government's decision, such as advertising and conducting public hearings, updating the project environmental review file, and attended meetings. • Organize and conduct Citizens Advisory Task Force meetings as needed. • Perform program close-out activities, including submission of reports and provision of follow-up information. • Other administrative tasks related to the Indian River County Housing Rehabilitation CDBG for the successful administration and closeout of the grant. • Ensure compliance with all applicable CDBG requirements. • Attend meetings as needed and requested by the County. Client/Applicant Selection & Work Write-ups • Administer an intake application for potential clients and carrying out housing inspections of all identified units to determine if applicants qualify for the program and the extent of work needed for each residence. • Verify each applicant's income to determine eligibility. • Carry out detailed housing inspections, complete work write-ups, and construction cost estimates. If the unit was constructed prior to 1978 a lead based paint test will be carried out by an independent contractor. • Review work write-ups with the owner and obtain the owners signed acknowledgment that they are in agreement with the work to be carried out. • Obtain title searches on each potential unit to ensure the applicants have equitable interest in the property. • Rank all potential clients and present the ranked list to County for approval or revision. • Identify and appropriately acknowledging all clients with potential conflicts of interest. Consultant must request and obtain from DEO waivers to rehabilitate units belonging to clients with potential conflicts of interest. Construction & Contractor Related Activities • Work with County staff to prepare invitations to bid, request for quotes, and associated documents. • Oversee the rehabilitation work bidding process. Consultant must ensure that contractors will perform a mandatory walk through of the dwellings, prior to bidding and must coordinate with 161 County staff to ensure compliance with county requirements. • Review bids and provide input regarding contractor eligibility and compliance. • Review proposed bids and coordinate with County staff prior to presenting bids and contracts to the homeowner for approval. • Oversee execution of rehabilitation contracts. The contractor and owner will be required to be in attendance and both the contractor and the owner will sign a written acknowledgment of the work to be completed. • Prepare notices to proceed. • Ensure that contractors will record Notices of Commencement. • Manage construction contracts and ensure that all federal, state and local laws are met. • Photo and video pre -construction, during construction, and post construction activities at each housing unit. • Perform interim and final housing inspections. • Relocate the owner out of the dwelling, if it is necessary. • Obtain a signed work acceptance verification from the owner prior to release of final funds to contractor. • Ensure satisfaction of the mechanics' lien law. • Monitor contractor performance and compliance with contract requirements, including required evaluation of contractors' weekly payroll for federal projects. 162 Proposal Instructions Proposers shall submit the following: Information to Be Submitted: Submit one marked original, five (5) copies, and one (1) electronic copy of your proposal in portable document format (pdf) on either cd or thumb drive. Submittals should be concise and should demonstrate the proposer's ability to provide information in a succinct manner. Submittals must include and are requested to be organized as follows: a. Cover Letter. The proposer shall provide a cover letter with the following information: name, address, telephone number, FAX number and e-mail address of the individual(s) with authority to negotiate and contractually bind the consultant, if selected. Proposer shall also provide a comprehensive organizational chart. b. Proposal. The proposer shall describe how the requested services will be provided. Any specific approach or methodology should be identified. Proposer shall provide proposed timeliness for the specified services/deliverables. The proposal must include a statement of recent, current, and projected workloads of the firm. Specific concerns regarding the scope of work called for in this request and recommended potential solutions to these concerns should be identified. c. Corporate experience and capacity. The proposer shall state the size of the firm, the size of the firm's staff, the location of the office from which this service is to be performed and the number and nature of the professional staff to be employed in the performance of this service on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Proposals will only be considered from those firms demonstrating historical expertise and experience in CDBG grant administration. d. Qualifications. The proposer shall submit comprehensive statements for qualifications and resumes of all involved in the delivery of the offered services. In addition, the submittal shall include: • identification of project manager and statement of amount of project director's time to be devoted to the project; • a statement as to the amount of time each staff member will spend on the project. e. References. The proposer shall provide at least three (3) references for similar CDBG contracts. Include the name of the organization, the length of the contract, a brief summary of the work, and the name and telephone number of a responsible contact person. References should contain only those for similar services. f. Cost. The proposer shall state a fee for services, with an explanation of the basis for the fee. Fees must be quoted as lump sum. A proposed payment schedule will be developed prior to contact award. The administrative fees will be scored as 5% of the total for ranking of proposals as indicated in the Evaluation Criteria section. Non-CDBG administration fees (if any) will be negotiated after ranking, in compliance with the Florida Consultants Competitive Negotiation Act. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. h. Certification Regarding Prohibition Against Contracting with Scrutinized Companies Method of Selection: The County shall convene the Selection Committee of which the responsibility shall be as follows: a. Independently review and evaluate each Submittal 1. Each committee member shall evaluate each firm by assigning a number of points for each criterion, as established in the solicitation, and then totaling the number of points for all criteria. 163 2: Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. b. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. The rankings received by each firm from all committee members shall be totaled and divided by the number of committee members, to produce an average ranking. 2. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. 3. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The firm with the highest number of points will be awarded the higher ranking position. 4. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the committee is satisfied with the rankings. 5. After interviews (if the committee decides to hold interviews), and based upon information learned during the interviews, each committee member will rank the firms in order of preference and a consolidated final committee ranking established. 6. The committee's meeting(s) shall be open, except that interviews/presentations and meetings (if any) held to discuss negotiation strategies, shall be closed. c. The County may, solely at its own option, seek additional Submittals with this or a similar Submittal in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFP would not be in the public interest. d. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. e. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Initial Ranking Criteria: Criteria Maximum Points Awarded Successful similar Florida Small Cities CDBG Experience 25 Management and staffing: experience, capacity and availability. 25 Familiarity or ability to quickly become familiar with local conditions. (This does not require previous employment or contractual experience with the County.) 25 Approach to needs, tasks to be performed (thorough, services match needs). 20 Administrative Fee 5 Total 100 164 General Instructions Cone of Silence. Potential respondents and their agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of bid advertisement until the Board of County Commissioners meets to authorize ranking and/or award. Such communication may result in disqualification. Sealed Submittals and Envelope Markings: All proposals shall be submitted in a sealed envelope. The outside of the envelope shall be clearly marked with the Submitter's Name and Return Address, Proposal #, Title, Date of opening, and Time of Opening. Opening Location: Submittals must be received by the Purchasing Division at 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Proposals. Submittals received after the stated time and date will not be considered. Submission: Submit one (1) marked original, five (5) copies, and one (1) electronic copy of your proposal in portable document format (pdf) on either cd or thumb drive. All proposals must be signed with the legal Firm name by an Officer or employee having authority to bind the company or firm by his / her signature. Confidential or Trade Secret Information: Proposals submitted in response to this request are public records. Pursuant to section 119.071, Florida Statutes, any financial statement that the County requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a public works project is exempt from the Public Records Law. Therefore, any financial statement that you submit that you wish to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential Financial Statement Enclosed." Trade secret information must be clearly identified as instructed per section 812.081(1)(c), Florida Statutes. Proposers are requested to specifically identify any information contained in their proposals which they consider confidential as a trade secret and which they believe to be exempt from disclosure. You must cite to the specific facts that demonstrate that such information is exempt as a trade secret under the applicable law. Any Proposer marking, labeling or declaring their entire proposal "Confidential and Proprietary" may be disqualified. By submission of a response to this RFP the proposer agrees to indemnify and hold the County and its commissioners, officers, employees and agents harmless should any information marked as confidential and/or proprietary knowingly or unknowingly be released as the result of a public records request or if any information marked as confidential and/or proprietary is not released as a result of a public records request. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful proposer and will be filled out by the County. Indemnification: The Proposer shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the proposer, or its employees, agents, subcontractors, or other persons or entities performing work under the contract. Public Access: The Proposer shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Proposer shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. The Proposer shall provide the 165 public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. The Proposer shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Proposer shall meet all requirements for retaining public records and transfer, at no cost, to the County, all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Submitters are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Suspension and Debarment: Indian River County will not make award to parties listed on the government -wide exclusions in the System for Award Management (SAM). The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Scrutinized Companies Lists: The bidder certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined 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. The County may terminate this Contract if Company 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. County may terminate this Contract if Company, 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. Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return 166 this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non -Discrimination: Indian River County will not knowingly do business with vendors, proposers, or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County has no local ordinance or preferences, as described in Florida Statutes section 255.0991(2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Energy Policy and Conservation Act — The proposer agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Regulations: It shall be the responsibility of the proposer to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any proposer as to the meaning of the request for proposal documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasingt ircgov.com) ten (10) or more days before the date fixed for opening of the proposals. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to proposers will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFP documents have been issued. All such Addenda shall become part of the RFP documents. Further, it shall be the responsibility of each proposer, prior to submitting their response, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their submittal. Direct Purchase: Indian River County reserves the option to purchase certain tangible materials necessary for the performance of the Contract, and thereby save the amount of the sales tax thereon by virtue of the Owner's status as a Tax Exempt Institution. For the purpose of these procedures, the proposer will assign to the County any rights the proposer may have under quotes, contracts or commitments received from the particular vendor or supplier for the materials described in the requisition. The invoiced amount of County Purchased Materials and applicable sales tax, had the purchases not been tax exempt, once finalized through the Owner's Purchase Order and after confirmation of completed delivery and acceptance, will be deducted from the proposer's Contract price via Change Order. Permits, Impact and Inspection Fees. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted proposer. All permit, impact, or inspection fees payable to Indian River County in connection with the work on this County project will be paid by Indian River County, with the exception of re -inspection fees. The Proposer shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in their cost proposal. 167 Applicable Law and Venue: This solicitation, its resulting agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this solicitation and any resulting agreement. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Errors: When an error is made in the extension of generating total prices or in any other process of completing the proposal, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the proposal otherwise, will not relieve the proposer. Right to Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards: The County reserves the right to cancel the solicitation, reject any and all proposals or waive any irregularity or technicality in submittals received. The County reserves the right to not make any award(s) under this solicitation. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the Contractor/Proposer fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Submitter agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this solicitation and any resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. 168 Insurance: The Selected Firm shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $500,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $500,000 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability — Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease— Each employee $100,000 Each disease — policy limit $500,000 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. Indian River County reserves the right to accept or reject any or all proposals in whole or in part and waive all any technicality or irregularity. 169 PROPOSAL PRICING — RFP 2019036 — Housing Rehabilitation Category CDBG Administration Services Proposer submits the following price for the work described in this solicitation: Description Cost* Total Project Budget *A proposed payment breakdown by task will be identified prior to contract award. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Name of Firm Address Authorized Signature City, State, Zip Code ( Title Phone Date Signed E-mail 170 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2019036 for Housing Rehabilitation CDBG Category Administration Services 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN) is 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. I understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the 171 entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee STATE OF COUNTY OF (Signature) (Date) The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or who has produced as identification. SIGN: NOTARY PUBLIC PRINT: Notary Public, State at large My Commission Expires: (Seal) 172 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: By: (Authorized Signature) Title: Date: 173 Attachment A — Indian River County CDBG Housing Assistance Plan 174 Community Development Block Grant (CDBG) Housing Assistance Plan For INDIAN RIVER COUNTY FFY 2018 - 2022 July 10,2018 175 1. INTRODUCTION 4 II COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND DISASTER RECOVERY INITIATIVE (DRI) PROGRAMS OPERATIONAL POLICES AND PROCEDURES 5 A. Housing Program Objectives B. Key Terms C. Common Housing Program Types D. Purpose of Policies and Procedures E. Administrative Program Policies and Procedures F. General Program Policies G. Priority of Assistance H. Applicant Intake I. Application Process and Applicant Eligibility J. Applicant Homeowner Eligibility Standards K. Duplication of Benefits L. Applicant Household and Income Verification M. Household Income H. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND DRI PROGRAMS - REHABILIATION AND CONSTRUCTION POLICES AND PROCEDURES 30 A. Identification of Units B. Eligible Property Types C. Scope of Rehabilitation Assistance D. ContractorNendor Listing E. ContractorNendor"Eligibility F. Contractor Disqualification G. Eligibility Inspection II. Bidding 1. Deferred Payment Loans J. Rehabilitation and Replace Procedures K. Structural Requirements L. Structural Integrity M. Cost Feasibility N. Clearance O. Rehabilitation/Demolition Differences P. Temporary Relocation Q. Contracting and Commencement of Construction R. Construction Progress Inspections S. Change Orders T. Payment U. Disputes and Contract Termination V. Project Closeout W. Program Compliance and Monitoring 176 2 III. CDBG DRI CATEGORY HOUSING REHABILIATION PROGRAM 50 A. Housing Rehab or Demo/Replace Activity- Objective B. Housing Rehab or Demo/Replacement,- Financing C. Housing Rehab or Demo/Replacement - Eligibility D. For conventionally ("site") built structures and modular homes E. For mobile homes built after 1996 F. Temporary Relocation G. Applicant Requirements H. Program Benefits 1. Eligible Properties J. CDBG, DRI rehab and demo/replacement activity - financing K. Down Payment Assistance Activity - Construction Process L. Down Payment Assistance Activity - Size of Units M. Down Payment Assistance Activity - Down Payment Allowances APPENDIX A - DEFINITIONS 57 APPENDIX A - RESOURCES 60 177 3 I. INTRODUCTION This manual is a guide for implementing the housing strategies and related aspects of Indian River County's (henceforth "County") Community Development Block Grant (CDBG) Housing Programs, including the Regular CDBG categories (henceforth "CDBG"), and the Community Development Block Grant Disaster Recovery Initiative (henceforth "DRI"). The responsibilities of the County, the Applicant homeowner, construction contractor, the Program Administrator (PA) and the Housing Rehabilitation Specialists (HRS) are specifically addressed in this manual. The Program Administrator (PA) shall be the County Designee for oversight of this Housing Assistance Plan (HAP) and Procedures, and his/her duties are addressed herein. The PA shall approve all HRS work, including any Consultant or contract work, such as grants administration or project delivery services. The PA makes all final recommendations and decisions as to awards, monitoring reports, policies or other work generated by contractors or consultants. The major focus of this manual is on housing finance, housing rehabilitation, demolition/clearance, procurement and replacement of eligible, HRS -approved dwellings. Relocation of households is also covered to a limited extent, as described herein. The Anti -Displacement Policy should be consulted if displacement or permanent relocation becomes a concern. Except under Federally Declared Disasters and similar extenuating circumstances, and by waiver of the County Commission and approval by the Florida Department of Economic Opportunity (FDEO), no CDBG housing activity shall be undertaken that causes displacement of legal residents from a dwelling unit. Permanent relocation shall only be considered for replacement units where the existing lot is not suitable for the replacement unit or is unsafe for the residents. Eminent domain shall not be addressed using County CDBG Housing funds. The goal of the CDBG program(s) is to meet the U.S. Department of Housing and Urban Development (HUD) CDBG (DRI where applicable) National Objectives including but not limited to the rehabilitation of substandard units, and the rehabilitation of units affected by natural disasters, located within the unincorporated limits of the County and to bring them up to a minimum acceptable living standard. This standard shall include the HUD Section 8 Minimum Housing Quality Standards (Section 8 HQS), the current Florida Residential Building Code and other relevant local codes (whichever is most stringent for each code -related item). This goal will be achieved through the use of CDBG funds to contract for the required rehabilitation construction. The rehabilitation units under the CDBG regular category and DRI categories to be assisted shall be owner -occupied. DISCLAIMER: Not all provisions apply to all programs herein. County staff, or designee, reserves the right to make final interpretation of this plan. Further, in the event of any conflict between or among any provision(s) herein applicable 178 4 Florida Administrative Rules, statutes, or HUD regulations the more stringent may be applied by County staff or designee. II COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND DRI PROGRAMS OPERATIONAL POLICES AND PROCEDURES All procedures outlined in this section are applicable to all CDBG categories including Regular Category Housing Rehabilitation, and the Disaster Recovery Initiative Housing Rehabilitation and Assistance Category. The operational procedures in this section govern all categories, unless otherwise specified, and may be amended or expanded by any requirements set forth in the individual strategies and the different programs and categories may require. A. Housing Program Objectives Maximizing community improvement and benefit should be the goal of any housing program on its way to meeting national and/or State funding objectives. The objectives of the County's Housing Rehabilitation Programs include but are not limited to: 1. For all CDBG Programs, to assist and encourage the revitalization of very low, low to moderate income neighborhoods through a Housing Rehabilitation and Deferred Payment Loan (DPL) Program. a. AMI means Area Median Income b. VLI shall mean very low income or below thirty percent (30%) of AMI c. LI shall mean low income or between thirty percent (30%) and fifty percent (50%) of AMI d. LMI shall mean low -to -moderate income or not to exceed eighty percent (80%) AMI e. 01 shall mean over income for the particular income for which an Applicant is applying for benefit under the list above. 01 households cannot benefit from CDBG direct assistance (in this case housing). 2. For DRI Only, to encourage the revitalization of very low, low to moderate income neighborhoods affected by declared natural disasters through a DRI Housing Rehabilitation and Deferred Payment Loan (DPL) Program. 3. For CDBG and DRI programs, to remove unhealthy or hazardous conditions (slum and blight) in VLI and LMI households. 4. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of VLI and LMI neighborhoods to improve their community. 5. For CDBG and DRI programs, to address urgent community needs. 179 5 6. For all CDBG programs, to preserve existing housing stock, or replacement of substandard housing. 7. For all CDBG programs, to enable VLI and LMI families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 8. For all CDBG programs, to reduce utility costs and to improve the comfort of VLI and LMI families through green construction standards and weatherization activities related to rehabilitation. 9. For all CDBG programs, to improve the property tax base in VLI and LMI neighborhoods. 10. For all CDBG programs, to increase employment and training opportunities for local residents and minority persons through the hiring of individuals and small businesses owned and operated by Section 3 persons and businesses or persons residing in the vicinity of local projects. 11. For all CDBG programs, to make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements or as determined at the County's discretion. 12. For all CDBG programs, to minimize impact of program participation on Applicants and to limit direct costs encountered because of program participation. 13. For all CDBG programs, to adopt modem, green building and energy-efficient improvements for building rehabilitation and construction. 14. For CDBG and DRI programs, treat all participating Applicant homeowners, residents, and contractors fairly, with sensitivity and respect for their needs, and in accordance with program rules. 15. For CDBG and DRI programs, to provide all program Applicants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: a. that Applicant homeowners hold the primary responsibility for maintaining their property and personal finances, b. that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and c. that any assistance provided must be authorized at the proper level. 180 6 16. For CDBG and DRI programs, to prepare and harden homes against high velocity winds and. wind borne debris in the event of hurricanes and other such natural disasters. 17. For all CDBG programs, to allow some flexibility in administering the CDBG programs in order to meet the overall CDBG goals and objectives of rehabilitating each addressed dwelling, and to comply with HUD Section 8 HQS, the current Florida Residential Building Code and any local codes that may apply. The County Commission may waive program rules to achieve CDBG objectives and benefits only when the result will be consistent with established goals and objectives, and applicable federal, state or local regulations and requirements. 18. For all CDBG programs, to adopt Complementary activities which are eligible activities, as provided in Section 290.042, F.S., which are necessitated by the primary activity or project scored in the CDBG Application for which grant funds are requested. 19. For all CDBG programs, to allow Complementary activities in the Housing category, which include water and sewer hookups to provide. service to units being rehabilitated or providing rehabilitation to the kitchen and/or bathroom plumbing of houses so that they can access water and/or sewer hookups. Water and sewer hookups are not complementary if they are the primary activity because the home is not being rehabilitated except as needed to allow the hookup. a. For the purpose of this HAP the per -housing unit cost of providing service shall not exceed $5,000. The use of CDBG funds for complementary activities may not exceed thirty five percent (35%) of the total CDBG funds requested for the primary activity. B. Key Terms Program Implementation: HAP: Housing Assistance Plan PA: Program Administrator HRS: Housing Rehabilitation Specialist DPL: Deferred Payment Loan SOW: Scope of Work Governing bodies: CATF: Citizens Advisory Task Force AHAC: Affordable Housing Advisory Committee HRS: Housing Rehabilitation Specialist FDEO: Florida Department of Economic Opportunity SHIP: State Housing Initiatives Partnership SHPO: State Historic Preservation Office THPO: Tribal Historic Preservation Office 1817 EPA: Environmental Protection Agency Local Government: Local elected body Recipient: Local governing body Income Status: AMI- Area median Income VLI: Very Low Income: Below 30% of AMI LI: Low Income: Between 30% and 50% of AMI LMI: Low -to -Moderate Income: Below 80% of AMI Other terms: Section 3: a person or business that meets the Federal Section 3 definition LBP: Lead Based Paint ACM: Asbestos Containing Material DRI: Disaster Recovery Initiative C. Common Housing Program Types Common Housing Program Types: Community Development Block Grants: The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs. CDBG Grants consist of the following Categories: 1. Entitlement Communities: The CDBG entitlement program allocates annual grants to larger cities and urban counties (200,000 or greater in population) to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, primarily for low- and moderate -income persons. 2. State Administered CDBG: Also known as the Small Cities CDBG program, the State award grants to smaller units of general local government (less than 200,000 population) that carry out community development activities. Annually, each State develops funding priorities and criteria for selecting projects. 3. Disaster Recovery Assistance: HUD provides flexible grants to help cities, counties, and States recover from federally declared disasters, especially in low-income areas, subject to availability of supplemental appropriations. D. Purpose of Policies and Procedures It is the policy of the County's Housing Rehabilitation Programs to document program policy guidelines and procedures to be used by County staff in the 182 8 everyday operations and practices utilized in reaching the goals of the Housing Assistance Programs. Further it is the County's policy to: 1. Assure that all programs are administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.). 2. Assure that no member of the Congress of the United States, the Citizen's Advisory Task Force (CATF), County Commission, or any other elected official shall serve on the CATF or share in proceeds or benefits of CDBG funded rehabilitation work. This monetary benefit would constitute a conflict of interest. 3. With regard to regular category CDBG and DRI categories, housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. E. Administrative Program Policies and Procedures 1. Housing Assistance Plan (HAP) As required by Federal and State rules and requirements, this Housing Assistance Plan was drafted for approval by the County Commission to be used as a written guide for implementing CDBG and DRI program specific housing strategies. Including but not limited to Applicant intake procedures, maximum funding amounts, and specific program inclusions and exclusions. 2. Citizen Participation (See the County's Citizens Participation Plan) As required by specific program rules and requirements, public hearings will be held to provide information and discuss proposed activities to be undertaken, as well as address questions or concerns from the public. Ali public hearings and workshops shall be advertised in accordance with the appropriate funding agency (HUD, FDEO) requirements. 3. Conflict of Interest The adherence to the rules and regulations in regard to Conflict of Interest is mandatory. All Applicants that may have a business or familial relationship with a member of the County Commission, CATF, HRS, PA, or participating construction contractors must fully disclose this relationship on the Application and defiantly before a construction contract is executed. In addition, all Applicant names must be disclosed at the regular meeting of the Board of County Commission and the CATF as the application process proceeds and these names must be included in the minutes of both the County Commission and the CATF meetings. County Commission and CATF members must disclose any relationship with an Applicant and must abstain from any vote related to that Applicant. Any cases of conflict of interests must be made known at a meeting of the County Commission. Before an Applicant with a 183 9 potential or real conflict as described in 24 C.F.R.570.489 (h)(2), is given final approval for participation the County must notify FDEO in writing. Prior to the expenditure of housing grant funds, the County must receive written notification of FDEO's approval of the waiver of conflict of interest, in accordance with C.F.R. Section 570.489 (hX4). If this process is not followed the County and/or the Applicant may be liable for returning the funds expended to the program. County employees that submit an application for rehabilitation assistance and who are involved in the decision making process related to the CDBG program or are involved in the financial approvals of this program must identify their conflict of interest at the time of application. The Federal requirements are found in 24 CFR 85.36 (b) (3) and 24 CFR 570.489(h). The State of Florida requirements are found in Chapter 112.311 — 112.3143 of the Florida Statutes. A Conflict of Interest is defined as a relationship or circumstances whereby a person or organization exercises functions or responsibilities for funded activities through which they, their relatives, or know associates obtain or appear to obtain a financial benefit. Two types of conflicts are noted, those being beneficiary and procurement. 1. A beneficiary conflict of interest would involve any direct benefit, such as housing rehab, utility hook-up or facade renovation. The conflict would occur when benefits are awarded to anyone with a role in the CDBG and or DRI program approval process, to include but not limited to, a member of a CATF, PA, County officials and Commission members. There are however exceptions to this rule which are explained in 24 CFR 570.611 (d). To request a waiver, the Applicant through the HRS and PA must be submitted in writing to the County for approval, who must then submit the request to FDEO for final approval. Any costs incurred prior to FDEO approval are unallowable. There are no retroactive waivers. 2. A procurement conflict of interest exists if there appears to be a relationship between a funded activity and County officers, their employees or agents, any member of their immediate family or any organization that employs or is about to employ, any of the afore- mentioned individuals. This conflict covers all aspects of the procurement, from solicitation, to award, to administration to include the writing of the Applicant Selection Criteria and in the Priority of Assistance, evaluating proposals and negotiating terms. The affected person must not participate in the procurement process in any manner; the level of conflict is irrelevant. Any conflict or appearance of a conflict requires non - participation. A procurement conflict cannot be waived. 4. Fair Housing (See the County's Fair Housing Policy) The County and all its Contractors, Consultants and vendors receiving CDBG and/or DRI grant funds shall comply with Title VIII of the Civil Rights Act of 18 1968, Restoration Act of 1987, Sec. 800 [42 U.S.C. 3601 note] (Fair Housing Act), as amended, 24 CFR Part 92.252, Fair Housing Rents, Title VI of the Civil Rights Act of 1964, Housing for Older Persons Act of 1995 (HOPA), Fair Housing Amendment Act of 1988, Age Discrimination Act of 1975, HCD Act of 1987, as amended, Section 109 of Title 1 of the Housing and Community Development Act of 1974 (570.487 and 570.495(b),Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990 (ADA), Executive Order 11063, Executive Order 11259. Indian River County also will comply with 42 U.S.C. § 3604(f) (3), to ensure that the design and construction of covered multifamily dwellings include features of accessible design for disabled persons. It is important to ensure that the housing program does not discriminate against any class of potential Applicants. All persons must be treated equally and not discriminated against on the basis of race, color, religion, sex, national origin, familial status, and disability, when serving housing needs. The Fair Housing Act is the term commonly used to describe the provisions of Title VIII of the Civil Rights Act of 1968, as amended in 1988. The Act states that it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, familial status, and disability. In addition to what is covered under the Federal act, Florida law also prohibits discrimination on the basis of material status. This language should be included in all program information announcements and advertisements relating to the housing program. It is important for housing administrators to be familiar with Fair Housing Laws, as well as the more subtle forms of discrimination. Where possible, application materials and handouts for Applicant meetings should be in Spanish, and/or a multi-lingual representative of the organization receiving applications is present to assist Spanish speaking Applicants. It is the policy of the County to ensure that all state and federally funded projects and activities prohibit discrimination in the sale, rental, and financing of dwellings, and in other housing -related transactions, on the basis of race, color, religion, sex, national origin, familial status, and disability (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18). 5. Equal Opportunity Employment: (See the County's EEO Policy) It is the policy of the County to use state and federal grant funded programs to provide services to very low, low to moderate income Applicants. At no time will employment opportunities provided through the expenditure of state or federal funds or otherwise be denied on the basis of race, color, religion, sex, national origin, familial status, and disability. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties 185 11 and all Contractors, Consultants, vendors will be notified. All Equal Employment Opportunity Posters will be displayed as required by state and federal guidelines. Equal Employment. Opportunity protects all employees and the potential employment of all Applicants of the County and any Contractors, Consultants, and vendors receiving grant funds. These requirements apply at all times for the County or Contractors receiving state or federal grant funds. 6. Section 3 Employment Opportunities: (See the County's Section 3 Policy) The County and/or Contractors, Consultants, and vendors receiving grant funds shall comply with the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (as amended), Section 3 Statute -12 U.S.C. 1701u, Section 3 Regulation -24 CFR Part 135, 24 CFR 85.36(B)(8). It is the policy of the County to use its best efforts to afford Section 3 residents and Section 3 business concerns the maximum practicable opportunity to participate in the performance of all grant funded contracts. The County may rely on written representations by businesses and residents regarding their status as Section 3 in lieu of an independent investigation. Every effort shall be made to notify Section 3 residents and businesses residing or maintaining offices in the local area through public notices, as part of complying with Section 3. Documentation of such efforts is required. 7. W/MBE Employment Opportunities: (See the County's W/MBE Policy) The County and/or Contractors, Consultants, and vendors shall comply with: Public Law 95-507, The Small Business Act, and Executive Order 11625 of 1971. It is the policy of the County to use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of all grant funded contracts. 8. Permanent Relocation / Displacement: General: This activity involves replacement of an eligible owner -occupied unit. The County Commission or its PA will decide with the HRS on a case-by-case basis whether to utilize a slab "site built" replacement unit, a prefabricated unit, or a modular home. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary on a case-by-case basis. Once the decision is made, the HRS prepares bid specifications based on Applicant homeowner input from review of available plans from the Contractor. Bidding contracting and inspections then proceed as in the rehabilitation process. 186 12 For all CDBG categories, permanent relocation (due to flood plain, non- conforming lot, hazards, etc.) and/or demolition -relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. The units must be redeveloped (replaced) on site or elsewhere due to problems with the site. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti -displacement and Relocation Policy. In this HAP, demolition -relocation shall refer to replacement housing to build a new unit in place of one that must be demolished for reasons outlined in this HAP and as recommended by the HRS. The Housing Program will comply with the Uniform Relocation Act (URA) and Real Property Acquisition Policies Act of 1970. Except as provided for herein under a Federally Declared Disaster (and then only by Commission Waiver and FDEO approval), the County will not engage in. any project under this HAP that displaces any legal, URA -covered occupants. When provided for in the program budget, for homeowner occupied housing assistance, temporary relocation services can be made available to qualified persons who need to relocate while rehabilitation work is completed. The maximum assistance amount and documentation required to show proof of use of funds shall be determined by the County Anti -Displacement and Relocation Policy that covers those situations in great detail. . Applicant homeowners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance,which must be confirmed in writing. If the PA determines the Applicant to be ineligible for assistance, the HRS shall recommend, and the County will send written notification to the Applicant stating that the application has been rejected and the reason for the rejection. 9. Property Acquisition: (See the County's URA Policy) In the event the housing program needs or seeks to acquire property to address a specific community need, some fundamentally required steps will need to occur in order to ensure compliance and the success. Each purchase, or acquisition, may vary case by case. However, in general terms, the following should take place: 1. Confirm source of funds and authority to acquire, 2. Identify the property/site and determine its suitability, 3. Perform legal description/boundary survey/preliminary title search (services procured as necessary), 4. Send notice of intent to acquire to Owner, 5. Solicit appraisal services and retain Appraiser, 6. Where recommended by the HRS or program required, solicit review appraisal services and retain review appraiser, 187 13 7. Receive appraisal review (when required), then solicit and retain Title Company (ies) (title insurance amount and necessity determined in advance), 8. Send offer to purchase and notice of just compensation to Owner of no less than the appraised fair market value, 9. Obtain Homeowner(s) acceptance of offer in writing 10. Finalize contract for purchase with Owner after County legal reviews and approves, 11. Company calculates settlement costs and closing date is set, 12.Closing conducted with funds changing hands and, 13. Records of proceedings retained. 10. Voluntary Acquisition: The County may purchase property with CDBG/DRI funds for use on eligible activities. While property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased only on a voluntary basis. The County shall determine the features needed and the funds available for land purchases in the State Sub -recipient agreement(s). When property is needed or required for CDBG/DRI activities, solicitation procedures of the County shall be followed. The request will state the specifications and budget, and indicate that the purchase is voluntary. All property acquired by any CDBG/DRI funds shall be meet all the requirements of the Florida CDBG program and shall be used only for eligible CDBG/DRI activities. No displacement of tenants (or other legal occupants) will occur as a result of any of the County CDBG Housing programs. For lease property, owners do not receive any relocation assistance. Owner -occupants under rehabilitation must voluntarily participate. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the County for purchase of their property in response to a public invitation or solicitation of offers. The County Commission is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site-specific and at least two (2) properties in the community meet the criteria established by the County for usage, location and/or interest to be acquired. The County Commission, prior to publication of a public notice or attendance of any local government representative at a property auction, must approve all voluntary acquisitions in principle. 18N A public notice must be published inviting offers from property owners. This notice must: 1. Accurately describe the type, size and approximate location of the property it wishes to acquire; 2. Describe the purpose of the purchase; 3. Specify all terms and conditions of sale, including maximum price; 4. Indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. Announce a time and place for offers to be accepted; and 6. Announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The. Uniform Relocation Act will be followed, but all acquisitions shall be voluntary and without displacing legal, URA eligible occupants. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a County official. Records of offers shall be kept. Appraisals are not required for purchases less than two thousand five hundred dollars ($2,500) if a mutually agreed -to sales price can be reached. Clear title must be present in every transaction. The PA must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the County Commission that can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. 11. Non -Voluntary Acquisition Plan: (when applicable under DRI for emergency purposes) (not applicable under CDBG regular housing categories) Acquisition of property (including easements and right-of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent to owner, (5) appraisal services solicited and appraiser retained, (6) where recommend by the HRS or program required, review appraisal services solicited and appraiser retained (7) appraisal received and sent for review, (8) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (9) offer to purchase and 1895 notice of just compensation sent to owner, (10) owner contacted by attorney or other representative and contract formalized, (11) settlement costs calculated and closing date set, (12) closing conducted with funds changing hands and, (13) records of proceedings retained. The Uniform Relocation Act requires certain specific procedures such as some letters being sent via certified mail. The CDBG implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. County CDBG/DRI housing funds cannot be used in any way that would cause involuntary displacement. (Refer to the County's separate Anti -Displacement Policy on this subject) 12.Timino and Pianninq Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to affect a design that is not wholly site -dependent that is where two or more sites are suitable for the project. It is recognized this may not always be possible; however, a policy of minimizing single -site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The PA shall make the determination as to whether or not bidding, award and start-up may proceed to closing on the property. In those cases where needed for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur, minimized. The County's Anti -displacement and Citizen Complaint Policies shall be followed in these cases. 13. Appeals / Complaints: (See the County's Grievance Policy) The HRS and the PA are authorized by the County to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the HRS or the PA. For a complaint to be considered valid, it must be issued in writing within a period of ten (10) 190 16 calendar days of its occurrence. Responses also shall beissued in writing. The County's Citizen Complaint and Grievance Policy, Citizen Participation Plan and Fair Housing Ordinance shall be adhered to in addressing any complaints. If the complainant is not satisfied with the PA's response, the issue must be presented in writing to the BCC Chair and/or County Administrator) in accordance with the Complaint Procedures set forth in the County's CDBG policies and procedures. Further action on any complaints shall be governed by County CDBG policies, including Citizen's Participation and Grievance Procedures. Any appeals will be made according to the County CDBG policies and procedures. Further appeals, if necessary, must be addressed to the Florida Department Economic Opportunity (FDEQ). 14. Fraud All levels of housing program management are responsible for the detection and prevention of fraud, misappropriations, waste, and other inappropriate conduct as it pertains to the use of specific program funding. Fraud is defined in this document as a willful or deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Any fraud that is detected or suspected will be reported immediately to the PA, who will conduct or employ on his/her behalf to conduct an objective and impartial investigation into the fraudulent activity, along with other applicable departments and/or law enforcement agencies, as deemed necessary or appropriate. Any individual found to have engaged in fraudulent activity, as defined by this policy, is subject to disciplinary action as program regulation and the law will allow, which may include program, service, and/or employment dismissal, as well as prosecution by appropriate law enforcement authorities, when appropriate. 15.Actions Constituting Fraud: As used in this policy, the term "fraud" includes, but is not limited to, the following: 1. Any dishonest or fraudulent act. 2. Forgery or alteration of any financial document used for the purpose of program eligibility. 3. Deliberately including and/or providing false information from the program assistance application. 4. Deliberately withholding any required information requested to properly determine eligibility status, including all assets, liabilities, incomes. 5. Destruction or concealment of records, income and/or assets. 6. Failure to disclose and/or an attempt to conceal any conflicts of interest relationships. 191 17 7. Failure to disclose and/or an attempt to conceal any required information on employment. 8. Any similar or related inappropriate conduct. 16. Non Fraud Irregularities and Conduct: This Section covers allegations of personal improprieties or other irregularities not constituting fraud, such as drug abuse or distribution of, vandalism, assault, murder, sex offense or other such public nuisances, or criminal activity. Suspected improprieties concerning employees, managers, committee members, elected officials, or constituents seeking assistance from the various programs administered by the County, as it pertains to moral, ethical, or behavioral conduct should be resolved by the appropriate Local Government Department Director and Administration whenever possible. This section uses 24 CFR part 5 subpart I; PREVENTING CRIME IN FEDERALLY ASSISTED HOUSING --DENYING ADMISSION AND TERMINATING TENANCY FOR CRIMINAL ACTIVITY OR ALCOHOL ABUSE (5.851-5.861) and 24 CFR part 5 subpart J; ACCESS TO CRIMINAL RECORDS AND INFORMATION ( 5.901-5.905), as a guide when referencing non fraud irregularities and conduct. 17. Local Government Status Reports: The housing program may as applicable to funding requirements, create and maintain or require any of its Sub -Recipients, Contractors, Consultants and/or vendors to create and maintain a monthly status report. This report is to be presented to the PA/HRS on a regular pre -designated date and time each month. It is important that the PA and local governing body be kept informed as to the project scheduling (i.e. bidding, work write-ups, contracting, construction, and completion) and budget to ensure that program compliance is being maintained. Every status report should be prepared in a format approved by the PA/HRS and have an attached budget summary, as applicable. The budget summary shall contain all relevant construction cost, and demographic data relevant to budget and administrative closeout audits and/or compliance reviews. Likewise the HRS and PA will submit periodic reports to the local elected officials and submit all required monthly, quarterly, annual required reporting to the funding agency on time and as required. Per Federal and/or state rules, the following reports required by the funding agency include, but may not be limited to: 1. Monthly Status Report (MSR) 2. Quarterly Status Report (QSR) 3. W/MBE Report (bi-yearly) 4. Section 3 Report (annual) 18. Subordination: (See the County's Subordination Policy) Approved Applicant homeowners who have received financial assistance from the various housing programs frequently request the local government to subordinate its interest in their property to a new loan mortgage/deed of trust 19; •for the purposes of; refinancing an existing first mortgage, obtaining a new line of credit, home improvement, or debt consolidation. The allowance of the subordination of the DPL shall be in accordance with the local policy as approved by the County and/or the policy approved by the funding agency. An active subordination policy is critical and is intended to protect the local government's financial interest in the homeowner's property without unduly restricting the homeowner's access to the equity in their property. The language of the documents (grants, mortgages, deeds of trust) filed as liens against a property to secure the County's interest prohibit the transfer of title, or portion thereof, without prior consent by the County. Executing an additional lien, subsequent to the execution of the County's security instruments, constitutes a transfer of title that would make the County's loan/grant immediately due and payable. 19.Consent to Place Subordinate Lien The County will generally consent to the placement of a Subordinate Lien upon written request from the homeowner(s) under the following conditions: 1. Requests for Subordination of Lien must be approved by the PA, or his/her designee. 2. The following documentation at a minimum should be provided to the PA for consideration of Subordination requests: a. Proof of licensure of refinancing lender to do business in the State of Florida. b. Authorization for Release of Information signed by the homeowner(s). Signatures will be verified. c. Written statement from the Homeowner(s) stating reason for the subordination request. d. Supporting documentation as to the validity of the reason. e. Lender's Good Faith Estimate. f. Complete terms and conditions of the existing loan and the new loan. g. Documentation about payment of taxes and insurance and their status. h. Copy of appraisal or property valuation information with method of determining same. Note: Consideration should not be given to any request for Subordination of Lien without this information. Additional information may be required. 3. Requests for Subordination of Lien will be reviewed and a decision made on a case by case basis on such merits as the following: a. Emergency needs arising from a natural disaster. b. Emergency housing repairs which eliminate a threat to the health or safety of the occupants or that eliminate an immediate or imminent danger to the dwelling itself. 191 c. Refinancing to lower the interest rate on the first mortgage if the closing costs and/or fees can be recovered within four (4) years. d. There is sufficient property value to support all outstanding mortgages. e. Refinancing for educational purposes. f. Refinancing for medical emergencies. 4. Request for Subordination of Lien should not be considered under the following circumstances: a. The interest rate on the new mortgage exceeds the interest rate of the existing mortgage. b. The cumulative loan -to -value ratio exceeds 100%. c. The housing debt -to -income exceeds 30%. d. The total debt -to -income ratio exceeds 40%. e. There is cash paid out to the borrower(s). f. The mortgage lender and applicant fail to provide all required documentation. 5. Additionally, no subordination request should be approved if it contains any of the following provisions: a. Adjustable rate mortgage (ARM) b. Balloon payment(s) c. Open line of credit d. Reverse mortgage e. Prepayment penalty f. Interest only mortgage g. Negative amortization 6. In the event the County agrees to subordinate its affordable housing liens or mortgages: Usually such consideration is given only for proven hardship. Payment of credit card debt is not a basis for approval in accordance with the County's Subordination Policy. It is the intent that granting of subordination shall be one time only and shall not include any liens/mortgages recorded subsequent to the County's lien interest. 20. Refinancing Existing Superior Liens: The County will generally agree to subordinate its interest in a rehabilitated or newly constructed owner -occupied residential property assisted under the CDBG or DRI programs if the proposed new loan is in an amount that does not exceed the current aggregate balance of existing superior lien(s) plus reasonable closing costs. This policy applies to both repayable and deferred payment loans. Requests for a Subordination Lien due to hardship will be considered on a case-by-case basis and are contingent upon state and federal funder guidelines and rules. 19go 21. Program Income No program income is planned to result from the CDBG program. Program income should only result in the case of DPL repayment where the title is transferred or the unit is no longer the primary residence of the Applicant homeowner. All Deferred Payment Loans (DPLs) shall be zero -interest and deferred payment with repayment of CDBG/DRI funds only in the event of transfer of title or where the eligible Applicant homeowners no longer occupy the unit as a primary residence within the DPL period. After the expiration of the FDEO CDBG Award Agreement between the County and the State, the monitoring will be performed by the PA annually through site visits and title verification through the Clerk of Courts and County Appraiser offices. The County's DPL mortgage documents and liens shall always include a notice to the County as soon as the title changes ownership. If repayment of CDBG/DRI funds is received during the DPL period, it will be relegated back to the Florida Department of Economic Opportunity (FDEO) or used for additional eligible CDBG/DRI activities as may be authorized by FDEO. Program income .or DPL payments received subsequent to closeout will be returned to FDEO (within ten (10) days or the time frame allowed by FDEO at the time of program income receipt if longer than ten (10) days) unless the state's program income regulationsprovide for the County to retain those funds and use them for allowable purposes. F. General Program Polices 1, Obiectives/Goals of Assistance: The Housing program is designed to provide the following community opportunities: a. To allow for public and community participation. b. Provide safe and affordable housing solutions to VLI and LI families and individuals. c. To eliminate deficient code and housing quality standards (HQS) within the housing stock of the community. d. Eliminate housing units that can be considered to be a blighted influence on the community. e. Eliminate emergency housing conditions that pose an immediate health and safety concern to residents/inhabitants. f. Provide energy efficient and affordable green housing features to VLI and LI families and individuals. g. Address other housing issues that meet program funding criteria within the intent and policy of the specific housing program. 2. Funding Sources The funding sources listed below will be used to conduct all approved activities associated with the CDBG DRI Program. The specific rules and regulation requirements approved for each program shall govern the specific use of the associated funds. 195 21 a. Community Development Block Grant (CDBG): b. Community Development Block Grant Disaster Recovery Initiative (CDBG DRI): c. Matched or leveraged State Housing Initiative Partnership (SHIP) funds The above funding sources may be used to supplement all approved activities associated with the CDBG DRI Program. The specific rules and regulation requirements approved for each program shall govern the specific use of the associated funds. G. Priority of Assistance: Priority of assistance is determined based on local need and specific program requirements. When awarding funds for assistance to Applicants of housing - related services, it is important for the County to establish a fair and equitable underwriting process for selection. For awards to individual Applicants, criteria are established by the program requirements, the current established HUD Area Median Income (AMI) limits, those affected by documented federal disasters, and other non -demographic preferences, such as targeting to special needs populations, elderly and disabled. Eligibility for individuals is based upon annual household income and on a first come, first qualified, and first serve system. Applicants must complete and submit all required information on all household members for a determination of income eligibility and must be willing to execute all necessary documents on a timely basis. Applicant Qualification Criteria and Requirements Applicants will not be served until they have submitted a complete Application with all documentation required and have been found by the HRS to be income - eligible and. can document clear and/or unencumbered title. Income -eligible Applicants are those Applicants with household incomes that fall between Very Low Income (VLI or 30% AMI) to Low -to -Moderate (LMI or 80% AMI). Income eligibility is determined by using the total household gross income and shall be determined upon completion of the application process. Applicant Selection Criteria and Requirements Applicants will be selected on a first-come, first -qualified, first-served basis using the ranking system found in Appendix B and will be documented by the individual(s) receiving the Applications by date and time stamp. Program rules require that a minimum number of VLI and LI Applicants be served. Therefore, priority will be given to VLI Applicants (minimum of two {2}) and LI Applicants (minimum of five {5)) until the required number of VLI and LI units has been satisfactorily addressed in accordance with and as outlined in the Agency Award Agreement with (HUD. FDEO). Assistance is subject to funding availability. No other ranking or scoring process will be used_ 19 Applicant Priority There are times when priority must be given. to certain underserved groups or to meet funding agency requirements These other Applicant priority consideration factors will take effect in the event that Applicants simultaneously submit an Application and it is not discernible by the individual(s) receiving the Application which Applicant entered the facility to submit the Application first, or in the event that the Applicants enter the facility to submit the Application at the same time and there is only one individual to receive the Applications causing one person to have a later date and time stamp on their Application. In addition, if the HRS, in consultation with the PA and other applicable local government departments (Housing, Building, Fire, Health Department or Code. etc:_) determines that one Applicant's housing unit poses a greater hazard to health and safety than another's, the Applicant at greater risk of physical harm may be given priority (i,e. roof replacement would take precedence over a window repair). H. Applicant Intake As required by specific program rules, the County will solicit and advertise the appropriate public notification and public hearing(s) notices. A notice of funding availability shall be placed in the appropriate media outlets to provide information and discuss specific program housing activities to be undertaken with the available program funding. Subsequent to the public hearing and advertising periods a minimum of: 1. One (1) Applicant workshop should be advertised and held in a public setting to address additional questions or concerns from the participating public. 2. All public hearings, advertisements, and workshops shall be advertised in accordance with the appropriate funding agency (HUD, and FDEO) requirements. An informed Applicant will help minimize future misunderstandings. To this end, Applicants should be informed early in the process of the program's income limits, benefits, stipulations for assistance; repayment terms (if applicable) and anticipated timeline from application to assistance. This information can be effectively conveyed via a program and/or goal specific fact sheet or program brochure and should be discussed during the initial Applicant workshop and as required during any follow up contact. The HRS shall review and Program Administrator shall review and rank the applications based on a first come, first qualified, and first serve process. The DRI category will be based on the same criteria. 197 23 The application process will have a noticed cutoff date for the receipt of applications. Applications received after that date shall only be considered on a 'first come, first qualified, first served' basis as alternates after the primary list of Applicants has been considered and exhausted and where sufficient funds still remain to address more units. Primary consideration of 'first come, first qualified, first served' status shall be when the Applicant complies with all program criteria and has furnished all required documentation and can therefore be qualified by the HRS, rather than time of receipt of the initial application. This is contingent upon funds remaining available at the time of approval and the unit in question also qualifying. Income qualification and unit qualification both apply (e.g. an Applicant completes their file and is qualified, but the unit is in the flood plain or historic and insufficient funds remain to address those issues. However, the next Applicant in the first come, first qualified, first served line qualifies and only needs roof and window repairs within the remaining budget. The HRS or the County's PA may remove an Applicant from any CDBG program for a change in household income, approved in the Applicant Selection Criteria, not complying with the minimum qualification procedures, refusing to comply with the program requirements or HRS directions (such as temporary relocation from an unsafe dwelling or work area), not accepting the program standards or HRS recommendations for eligible repairs or other just cause that would expose the County to unacceptable risk. If it is determined that it is necessary to remove an Applicant from the program, a certified letter will be drafted and recommended by the HRS and sent by the County to the Applicant stating the reasons for the removal. The Applicant will have the right to appeal the decision as identified in the Citizen Participation Plan. The HRS's best judgment shall be the guide in determining whether it is in the best interest of the program or the County to reject a unit or application. The practical housing rehabilitation experience of the HRS is critical in dealing with potential risk to the County or program, or the safety of the occupant in cases where Applicants refuse to cooperate with program guidelines or HRS directions. Note: It is important to ensure that the housing program does not discriminate against any class of potential Applicants. All persons must be treated equally when serving housing needs. The Fair Housing Act is the term commonly used to describe the provisions of Title VIII of the Civil Rights Act of 1968, as amended in 1988. The Act states that it is unlawful to discriminate on the basis of race, creed, color, religion, age, sex/gender, familial status, national origin, or disability, In addition to what is covered under the federal act, Florida law also prohibits discrimination on the basis of marital status. This language should be included in all program information announcements and advertisements relating to the housing program. It is important for housing administrators to be familiar with fair housing laws, as well as the more subtle forms of discrimination. 198 24 I. Application Process and Applicant Eligibility Listed below are the minimum functions to be performed in processing an Application for Assistance. The County should make every good faith effort to notify the Applicant of eligibility within thirty (30) days of the application date. 1. Review with the Applicant the objectives of the rehabilitation activities. 2. Advise the Applicant on the specifics of the grant program and other funding sources that may be available. 3. Advise Applicant concerning the conditions under which a loan/grant is made. 4. Assign an application number and set up a separate file for each Applicant. 5. Check all local tax records to determine that property taxes are current. 6. Verify Applicant's household income. Retain documentation in program files. (Also housing expenses and assets if they are used.) 7. Determine eligibility of the Applicant for assistance. Evidence that ownership of the property has been verified through the Property Appraisers Office shall be retained in the office files. The application for assistance should contain all the necessary information to determine whether an Applicant is eligible for program assistance, including but not limited to: 1. The number of people residing in the household including name, age, relationship to head of household, Social Security number, present address and home phone number and employment status; 2. Name and address of employer(s), work phone number(s), position title and number of years on job with employer; 3. Sources of annual income, including earned, unearned and asset income (this subject will described in detail below); 4. A statement signed by the adults who reside in the household consenting to the disclosure of information for the purpose of verifying income and assets for determining income eligibility for program assistance. 5. A signed statement indicating that the Applicant understands that all information provided is subject to Florida's public records laws. 6. An authorization for release of information sheet. 7. A statement that it is a first degree misdemeanor to falsify information for the purpose of obtaining assistance. To ensure proper Applicant qualification, each Applicant shall also be required to provide, at a minimum, the following documentation, as applicable, on a case-by- case basis. 1. Completed Application for Assistance and disclosures with signatures and date. (including duplication of benefits documentation from FEMA, Insurance, SBA, family assistance, faith, or community assistance documentation, and duplication affidavits) 2. Government Photo Identification for Applicant and any co -Applicants. 199 25 3. Proof of Ownership, e.grecorded copy of Property Deed. 4. Current Property Tax Receipt. 5. Most current year's Tax Returns or current year's Tax Transcripts from IRS. C. Paycheck Stubs (last 3 pay stubs for each working member, with additional and updated stubs required at the County's discretion). 7. Most current Social Security Statement of Benefits for each household member. 8. Most current documentation for other assets - 401(k), retirement/pension, IRA, CDs, annuities, etc. 9. Most current self-employment income statement with schedule C, E, or F. 10. Documentation on dependents claimed (including birth certificate, school records, court-ordered letter of guardianship, divorce decree and/or letter of adoption). 11. Three most current bank statements for all open checking, savings or other interest bearing accounts at the time of application and at contract signing. 12. Property Appraiser documentation showing what year the unit was built. 13.Third party contact information and release to obtain third party verification of employment signed by employer and notarized. This documentation must be received for eligibility determination. 14. DRI only: Documentation showing the Applicant was displaced or received damage from Federally Declared Disaster. The PA/HRS should review the application carefully to ensure that the Applicant has provided all sources of income, including total household assets and asset income. If an Applicant has trouble completing the program application and providing the required back up documentation necessary needed for final program eligibility. It may be preferable to schedule a meeting between the HRS and Applicant to complete the application for assistance in a scheduled, face-to- face interview where the Applicant can be prompted to provide accurate and comprehensive income and household information. It is common for Applicants to misunderstand what items to count toward annual income. 1. Applicant Responsibility: Applicant Homeowners and all household members are responsible for working in good faith and in a responsible, reasonable, and timely manner with the HRS. Reasonable deadlines shall be established at each step of the process of submittal of information by the homeowner. Generally after two written notifications, any refusal or failure to provide information, or any established pattern of untimely submittal of information by the homeowner, at the HRS's discretion and approval by the PA the Applicant's case file may be closed. J. Applicant Homeowner Eligibility Standards In order for a homeowner Applicant to be eligible for purchase and/or rehabilitation assistance, the following criteria must be met: 200 26 1. Total household income under CDBG and DRI must not exceed the very low income (VLI) to low -to -moderate income (LMI) limits set for the HUD Section 8 program at the time assistance is provided or no greater than eighty percent (80%) of the Area Median Household Income (AMI) limits. 2. For regular category CDBG and DRI. The Applicant homeowner must possess and provide clear title to the property, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. 3. The Applicant homeowner must reside in the dwelling as a primary residence to be rehabilitated for at least one (1) year prior to the time of application (owner occupied assistance). In the case of the DRI category, the Applicant homeowner must have been permanently residing in the dwelling unit as the primary residence at the time of the declared disaster. 4. Property tax, mortgage payments and utility bills must be current and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title to be eligible for CDBG and DRI owner -occupied rehabilitation. 5. For all CDBG programs, the property must be fully insured for basic hazard/homeownership insurance. Flood Insurance also applies in the one. hundred (100) year flood plain and the County must be named as a policy holder if the home is in the one hundred (100) year flood plain. Flood insurance must remain in effect for the entire period of the Deferred Payment Loan Agreement. Any unit to be addressed with CDBG funds must be elevated to at least one foot (1') above base flood elevation (or to local code) whichever is greater, or disqualified due to cost infeasibility. This applies to all categories and all activities involving construction. 6. For all CDBG programs, all Applicants that may have a business or familial relationship with a member of the County Commission, the Citizen's Advisory Task Force Committee, HRS, PA and participating construction contractors must fully disclose this relationship at the time of the Application, at the point in time in which the conflict occurs and definitely before a construction contract is executed (see Conflicts of Interest) For regular category CDBG and DRI, if a boundary survey is required, the Applicant homeowner is responsible for providing necessary proof or documentation at the homeowner's expense. 201 27 8. Rental or other income generating properties are not eligible to participate in the CDBG or DRI owner -occupied rehabilitation program. Only units occupied by the Applicant(s) with clear title as a primary residence are eligible. 9. In DRI categories, lease units may be addressed if a) the County is seeking lease units to meet DRI VLI or LMMI needs, b) the project is cost feasible, c) the unit(s) are income restricted (either LI or VLI), d) the units comply with all HUD and FDEO eligibility requirements (or will by means of agreement and improvements), e) have CDBG eligible repair needs and f) for VLI rental set aside funds, the property management agency demonstrates capacity and the minimum five (5) years' experience required to participate. Such properties shall be screened and qualified by the selection process and review of the HRS. The property management organization is required to re - verify income annually for all tenants. 10. Applicants may be required to attend a HUD approved eight (8) hour homebuyers' education class prior to closing, this may apply to any new construction units under the DRI program. 11, For all CDBG and DRI programs, the County shall take all reasonable measures to avoid fraud and abuse. The County shall provide qualified oversight through competent staff of contract program oversight. Any fraud or abuse of Housing funds shall be grounds for disqualification.(See Fraud section of this document) Each Applicant; to ensure proper homeowner qualification will also be required to provide at a minimum documentation as required in subsection 1. Application Process and Applicant Eligibility. K. Duplication of Benefits In regards to Disaster Recovery Initiative (DRI): Applicants who responded to an advertised request for Applications must provide additional documentation as listed below: 1. Proof that the residence was impacted by the applicable federally declared disaster event. 2. All FEMA, Small Business Administration (SBA), and Insurance claim documentation. 3. Written certifications and proof of all benefits received. 4. All receipts and/or invoices for work completed using FEMA, SBA, , and/or Insurance monies from a filed claim. 20 Any and all program required self -certifications as is required by the funding agency, the housing program, and applicable local governments L. Applicant Household and Income Verification The household and income verification process may vary slightly from one program to another depending on the funding agency requirements. Generally speaking, an eligible household is comprised of one or more natural persons determined by the eligible municipality to be of very low income, low, low to moderate income according to the current HUD income limits adjusted for family size. The HUD Handbook 4350.3 Chapter 3 Section 3-6 (E) (as may be amended) provides guidance on whether or not to count an individual as a household member. Whenever the handbook indicates that an individual is a household member, the individual's full income must be included in the annual income. M. Household Income An Applicant homeowner's household income eligibility status shall be determined based on the total family Gross Annual Anticipated Income according to household size and make-up. The income eligibility of each household will be determined in accordance with current HUD "annual income" rules and regulations as defined in HUD Handbook 4350.3 rev 3 or those adopted through the funding agents Consolidated Plan and approved by HUD. All household income inclusions and exclusions can be found at HUD 24 CFR part 5: http://portal.hud qov/hudportal/HUD?src=/program offices/comm planning/afford ablehousing/training/web/calculator/definitions/parts The income of each household assisted with any CDBG or DRI funds will be determined at the time of purchase in accordance with 24 CFR 570.3 using "annual income" as defined by the Section 8 Housing Assistance Payments Program to ensure income requirements are being met. The following rules are applicable in determining household income: 1. For all CDBG programs, the gross income of all household members occupying the dwelling is included in calculating household income. However, wages earned by dependent minor children (under age 18) are not included in total. 2. For all CDBG programs, all Applicants applying for housing rehabilitation assistance under the CDBG program will be subject to a third party income verification process to ensure that all Applicants meet the minimum income guidelines set forth by the established HUD minimum income limits. 203 29 3. For all CDBG programs, occupants of a dwelling who are not related to or not t dependent upon the Applicant homeowner(s) are considered part of the Applicant homeowner's household. 4. For all CDBG programs, rent or other household support contributed by non - household occupants of a dwelling is included in household income. For all CDBG programs: The Applicant homeowner' s assets, with the exception of the home in which he/she resides, unless previously assisted with SHIP funds, and personal property such as an automobile, will be considered in determining eligibility. The actual annual income from the asset will be calculated as part of the total household income. Inclusion of such assets, if any, will be in strict accordance with 24 CFR 813.106 and any current modification thereof. II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG/DRI) PROGRAMS — REHABILIATION AND CONSTRUCTION POLICES AND PROCEDURES A. Identification of Units Housing Rehabilitation will be performed only on units approved by the County and in accordance with grant requirements established by the State of Florida DEO and the U.S. Department_of Housing and Urban Development (HUD). Alternate units may be provided to replace any primary units that may become ineligible. The County will solicit applications either from other housing assistance providers that have knowledge of need within the County, by placing notices in public areas throughout the County and/or by advertising in publicly circulated publications. The County will review applications received using the following selection criteria as defined in the Priority of Assistance section of this document: 1. For all CDBG programs, has the Applicant previously been furnished assistance under any County Housing assistance program including State Housing Initiative Partnership (SHIP) or Disaster Recovery Initiative (DRI), or other such federal/state programs, and if so, when and under what circumstances. A former Applicant that received assistance under the regular CDBG category cannot be assisted for five (5) years and in any event will not be served again until all other eligible Applicants have received assistance. 2. For all CDBG programs, number of persons in the family and the family income. Priority will be given to Applicants that meet the VLI and LI Applicant selection criteria as defined in the Priority of Assistance section of this document. 3. For DRI, housing units identified by the County when the County falls under a Federally Declared Disaster Event, having been affected by a disaster. 2O 4. For regular category CDBG and DRI, type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. For DRI category funding only, assistance for mobile or manufactured housing will be included in the program, but will be restricted to replacement of said structure with a site built home, unless prohibited by local or state regulations or infeasible due to applicant or site conditions. The HRS shall make the final evaluation and recommendation for addressing any mobile or manufactured units. 5. For all CDBG programs, location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, historic preservation, hazards, etc. 6. For all CDBG programs, compatibility (consistency) of the proposed residence rehabilitation with the local Comprehensive Plan and/or land development regulations. 7. For all CDBG programs, confirm that the Applicant is current on all payments to the local government (i.e., garbage/trash bill, utility bills, taxes, etc.) and mortgage/lien holders. 8. For all CDBG programs, Applicants' willingness to maintain reasonable standard of care (code compliance) and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 9. For regular category CDBG and DRI owner -occupied units, to be eligible, Applicant must be able to show clear title to the property. 10. For all CDBG programs, is the structure more than fifty (50) years old? The Applicant shall indicate on the Application form whether to his/her knowledge the structure is older than fifty (50) years. If the answer is "yes," or if other evidence suggests the structure is more than fifty (50) years old, the County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property Appraiser, tax records, or other government agencies' records will be researched to verify the age of the structure. 11. The HRS shall make the final evaluation and recommendation for each Applicant and unit as to whether they are appropriate under any CDBG or DRI program and the HUD and FDEO requirements. The County makes the final determination of acceptance of an Applicant and of award of any units, subject to the guidelines of this HAP as set forth by the Board of County Commission Members. 20 12. For regular category CDBG and DRI, for owner -occupied rehabilitation, owner -occupied shall mean a residential unit with the clear title in the personal name of the Applicant(s) used as the primary residence of the Applicant(s). This does not include any non-residential unit or shared space with non residential uses or income generating property. 13. For all CDBG and DRI programs, this program will not assist in the rehabilitation or replacement of rental housing structures. 14. For regular category CDBG housing programs, only single family, owner occupied homes will be assisted. B. Eligible Property Types Eligible property types will vary based on the specific goals and regulations of a specific program and its funding origination. The most common eligible property types include but are not limited to: 1. Single -Family Homes. 2. Townhomes, Condominiums units and Duplexes. 3. Mobile Homes (replacement only) All properties must be within the approved program jurisdiction boundaries and the following property eligibility criteria are applicable: 1. Type of construction, (Le., block, mobile/manufactured home, wood frame, etc.), state of deterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. Assistance for mobile or manufactured housing may be included in the program, but will be restricted to the. specific requirements set forth in the local program guidelines unless otherwise prohibited by federal or state regulations or infeasible due to Applicant or site conditions. 2. Any home eligible for assistance where the cost of rehab will be in excess of fifty percent (50%) of the appraised value of the home as listed with the local Property Appraiser's office will be disqualified for CDBG Housing Rehabilitation funding. 3. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, historic preservation, hazards, etc. 4. Consistency of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 5. Whether or not the Applicant is current on all payments to the local government (Le., garbage/trash bill, utility bills, code violations, taxes, etc.) and mortgage/lien holders. 206 32 6. Applicant's willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 7. Whether or not the Applicant has clear title to the property. The Applicant shall have fifteen (15) calendar days from the date of the County's review, which will include the results of a title search. If fifteen (15) days pass without proper documentation or compliance, the application will become an alternate (falling to the bottom of the list on the sixteenth [16th] day) and shall not be considered until 1) all other applications are exhausted with funds remaining and 2) the Applicant has a completed file with full compliance with this requirement and all others. 8. Whether or not the structure is more than fifty (50) years old. The Applicant shall indicate on the application form whether to his/her knowledge the structure is older than fifty (50) years. If the answer is "yes," or if other evidence suggests the structure is more than fifty (50) years old, the County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation or demolition/replacement prior to the start of work. 9. The HRS shall make the final evaluation and recommendation for each Applicant and unit as to whether they are appropriate and eligible under specific program rules and in compliance with the funding agency requirements. The PA makes the final determination of acceptance of an Applicant and of the award of any units, subject to the guidelines of the local policies. 10. Where applicable the HRS must complete the proper environmental review process, including but not limited to a site specific Tier 2 form, and receive written approval or release of funds from the funding agency prior to the start of rehabilitation. 11 Partner -assisted programs (with "partners" being affordable housing developers, community based organizations, housing authorities, non -profits and similar affordable housing providers) may be implemented as outlined in local policy guidelines. Partners shall be selected using the Request for Qualifications (RFQ) or Request for Proposals (RFP) competitive selection process. Deed restrictions and Deferred Payment Loans (DPLs) apply. All unit and Applicant qualifications and monitoring by the HRS and PA apply. Partners must agree to comply with all program specific requirements and submit to monitoring and directions of the HRS before any funds are released or payments made. 12. For owner -occupied rehabilitation, owner -occupied shall mean a residential unit with the title in the personal name of the Applicant(s) used as a primary residence of the Applicant(s). This does not include any non-residential unit or shared space with non-residential uses or income generating property. C. Scope of Rehabilitation Assistance CDBG financing of housing rehabilitation is available for the following purposes: 207 33 1. Addressing local housing code required repairs under current Florida Building Codes requirements for Existing Buildings and local Maintenance Codes and/or Section 8 HQS violations, whichever is most stringent for each code - related repair needs. This will include Florida Energy Efficiency Code for new construction where it applies and Accessibility Requirements (24CFR Part 8, 24 CFR 100.201, 24 CFR 100.205) where they may apply; 2. Providing for cost effective `Green Standards and Additional "Green Standards" as described in section J: Rehabilitation and Replace Procedures. The most current Florida Green Building Coalition checklist of green features including those required by FDEO and that are appropriate for the type dwelling shall be used as a list of options for including affordable green features; 3. Providing reasonable repairs and modifications to make the dwelling accessible to handicapped and elderly occupants as necessary and technically feasible. The HRS shall determine the feasibility and eligibility of any such repairs; and 4. Correcting health and/or safety violations that may be present, including replacement of dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of lead-based paint hazards. The HRS shall determine the feasibility and eligibility of any such repairs; Except for DRI new construction or redevelopment activities, new construction such as adding a room or closing in a carport is eligible for rehabilitation financing only to eliminate overcrowding or to provide bathroom or laundry hook ups. In all CDBG categories general property improvements are eligible for program funds when necessary to obtain an accurate level of utility, to decrease high maintenance costs, or to eliminate blight. Examples of eligible general property improvements include installation of cabinets and linen closets, functional changes in room layout, replacement of unapproved or damaged floor coverings, and enclosure of a porch for use as a bathroom where the dwelling does not have adequate interior space. In the CDBG and DR! categories for owner occupied rehabilitation, some general property improvements that are not required by code, and/or Section 8, HQS, or the work required by the code and/or Section 8 HQS (creating a need for restoration) or other eligible reasons listed above and recommended by the HRS may be provided at the owner's expense. The cost for any such improvements shall be borne by the owner who must deposit the funds with the local government prior to construction otherwise the additional items will not be included in the construction. These items must be included in the Contract for Rehabilitation that is developed and administered by the Program. However, ineligible new construction must be contracted separately. Furthermore, any construction not covered in the construction contract will be inspected by the local building inspector and will not be inspected by the HRS or PA. 20§4 D. ContractorNendor Listing The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so listed will be considered for work on this program. Establishment of this list will include maximum outreach to allow for utilization of qualified local Section 3 and minority contractors. Programs in which the funding originated from a federal source (CDBG, DRI) prohibit local preference in accordance with 24 CFR 85.36, but require maximum compliance with Section 3, W/MBE, and EEO practices as set forth in HUD and CFR regulations. Every effort shall be made to notify Contractors residing or maintaining offices in the local area through public notices, as part of complying with Federal Section 3 and Minority -Owned Business Enterprise (MBE) requirements. This special effort will be based upon the list of Contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to Contractors, and/or solicitation advertisements, will be placed in the appropriate program file to document compliance. In addition to active efforts to comply with Federal Section 3 and MBE requirements, the County will follow all program requirements in its advertising and will promote fair and open competition, with no restrictions to promote advantages for local firms or businesses. Contractors residing or maintaining offices in the local area will be recruited through public notice to all such contractors, as part of the County's compliance with Section 3 requirements. This special effort will be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate County program file. The contractor listing will include all local contractors who apply and are determined eligible based upon program qualification standards. If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing and qualified to perform the rehabilitation work at prices that are considered reasonable and comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion. The existing purchasing policy of the County will be used to determine eligibility of the contractors. E ContractorNendor Eligibility In order to participate in the Housing Rehabilitation Program, a contractor must be approved as eligible by the HRS, the PA and by the Florida Department of Economic Opportunity (FDEO). 209 35 Standard ContractorNendor qualifications include but are not limited to: 1. Current license(s) with the appropriate jurisdiction. 2. A satisfactory record regarding complaints filed against the contractor at the State, Federal or local level. 3. Insurance: a. Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage b. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. c. A certificate evidencing Auto Insurance, including bodily injury, in an amount not less than $1,000,000 per accident and in the aggregate. d. A certificate evidencing General Liability insurance covering bodily injury, including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. e. Copies of certificates shall be provided to the PA. The Contractor shall provide the PA with a certificate of insurance from the insurer guaranteeing thirty (30) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: a. References from two (2) suppliers who have done business with the contractor involving credit purchases. b. References from three (3) subcontractors who have subcontracted with the contractor. c. The ability to finance rehabilitation contract work so all bills are paid before requesting final payment. 5. Satisfactory references from at least three (3) parties for whom the contractor has performed construction work. 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or FDEO. 7. Acceptance of all program requirements, including but not limited to Section 3 goals and reporting. MBE goals and reporting and where applicable prevailing wage requirements. The HRS will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to check any reliable source in establishing such determination. The HRS will explain the contractors obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre-bid conference. Program procedures, such as bidding and payment will also be explained to the contractor. 210 36 Additional or alternative requirements may be applied by the County based on County policy, provided that such policy(ies) do not violate CDBG rules or regulations. F Contractor Disqualification Contractors may be prohibited or removed from program participation for but not limited to: 1. Poor workmanship or use of inferior materials. 2. Evidence of bidding irregularities such as "low -balling" (submitting an unreasonably low bid in the hopes of increasing the bid amount through change orders once construction has commenced), bid rigging, collusion, kickbacks, and any other unethical practice. 3. Failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs. 4. Failure to pay creditors, suppliers, laborers or subcontractors promptly and completely. 5. Disregarding contractual obligations or program procedures. 6. Loss of license(s), insurance or bonding. 7. Lack of reasonable cooperation with homeowners, HRS, PA, rehabilitation staff or the others involved in the work. 8. Abandonment of a job. 9. Failure to complete work in a timely manner. 10. Inability or failure to direct the work in a competent and independent manner. 11. Failure to honor warranties. 12. Ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or FDEO. 13.Other just cause that would expose the Program or homeowner to unacceptable risk. 14. Failure to respond to a minimum of three (3) consecutive requests for bids. 15. At the contractor's request. G. Eligibility Inspection Each Applicant who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection of the Applicant's unit is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for program participation, the HRS will reject the unit/Applicant. In the case of owner - occupied rehabilitation and upon PA review and approval, a written rejection notification will be sent to the Applicant via certified mail within ten (10) days stating the reason for rejection. 211 37 If both the Applicant and the house structure appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the HRS and approved by the Applicant and the PA. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the Applicant covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a home that cannot be financed. When the unit and Applicant receive preliminary approval, bids are solicited for the job. Once the HRS has found the Applicant and the dwelling unit to be program eligible, a full property inspection and review will be conducted. The inspection process shall at a minimum consist of the following: 1. The completion of the HUD HQS Inspection Form (optional at the HRS discretion). 2. The completion of the pre -Scope Of Work (SOW) and inspection report further detailing all code/HQS deficiencies and listing the areas in which rehabilitation is required. 3. The completion of the final SOW and cost estimate H. Bidding Bidding of potential CDBG and DRI units is conducted by the HRS in conjunction with the County Procurement/Purchasing Department. Applicants review the pre-- approved re-approved list of eligible contractors before their cases are sent out for bids. Applicants have the right to remove any contractor(s) from the list of prospective bidders for their unit, as long as the removal request is based on non- discriminatory, non -bias, or other non -subjective reasoning and at least three (3) eligible contractors are allowed to bid. The Applicant must be willing to justify the removal of contractor(s) from the bidding list. Applicants may also request additional contractors as bidders. If these Applicant -requested contractors submit the Contractor Application and are approved by the PA and are otherwise eligible, they may be added to the bidders list and bid on the housing rehabilitation work. The HRS will make maximum effort to ensure participation by minority and/or Section 3 owned contracting firms. Under CDBG and DRI, the HRS shall qualify and recommend all contractors and other necessary vendors (lead based paint, asbestos, title search, mold, appraisal, land survey, environmental, etc.) for work the HRS recommends or the program requires on eligible units. In these cases, the County policies shall govern the qualifying and award process, including this HAP. No housing unit owner, occupant, or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. 212 38 A notice is sent via email, fax or U.S. Mail to each eligible bidder to inform them of the job. Bidding notices will be posted at primary governmental buildings to the maximum practical extent. Advertising for individual jobs will be conducted as necessary but will not exempt contractors form the requirement that they must be pre -qualified. 1. Notification to Bidders (NTB): The HRS or assigned Housing Staff will notify previous program approved Contractors of the availability of the work order and establish a date for the pre-bid conference and bid submission deadline. Bids are opened in the public at the designated time and bid tabulation is prepared. 2. Pre -Construction Meeting: An onsite meeting will be arranged between the homeowner, the approved Contractors and the HRS to review the scope of work and site considerations. This meeting will also serve to allow for Contractor and homeowner introductions and questions. Any questions that arise from the onsite meeting must be submitted in writing to the HRS who is required to answer the question in writing and submit it to all approved present Contractors. Questions may not be answered less than seventy-two (72) hours prior to the established bid submission date. Each contractor MUST attend this pre-bid conference held at the approved unit to be rehabilitated or inspect the house under the Applicant's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the unit(s). 3. Bid Submission and Award Recommendations: Bids will be submitted on the date and time established in the Notification to Bidders advertisement and awarded in compliance with the HAP requirements and the terms set forth in the NTB advertisements. Sealed bids will be opened at a public bid opening. The HRS will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15 %) of the cost estimate. Bidding procedures will adhere to County purchasing policy. Bids below the fifteen percent (15%) threshold will be reviewed and are not automatically disqualified. A minus ten percent (10%) contingency will be assessed for all Section 3 and/or W/MBE firms at the bid opening to provide incentive, opportunity and encourage the participation of such established business types in accordance with HUD requirements. All bid awards will be made available to the participating Contractors and homeowners. The PA reserves the right to reject any and all bids and to award in the best interest of the Applicant and the County. The Applicant must approve the bid award prior to signing contracts. 21i9 No contractor will be allowed to have more than two (2) jobs per bid round , with a maximum award of three (3) jobs under construction at one time without consent of the PA unless: a. The anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or b. The contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the County Commission if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. 4. Contracts: Preparation of Contract Documents: The HRS or approved staff prepares Applicant homeowner/County and Applicant homeowner/contractor agreements and sets a time to meet with the Applicant homeowner and contractor to execute the documents and mark the start of construction. These agreements at a minimum should consist of the following: 1. Voluntary Participation and Final SOW Approval. 2. Final Income Certification and Affidavit. 3. Truth in Lending Statement. 4. Program Mortgage/DPL and Note. 5. Rehabilitation Agreement/Rehabilitation Contract. 6. Notice to Proceed. 7. Notice of Commencement. 8. Color/Style Selection Sheet. 9. Temporary Relocation Statement (where applicable). 10. Three (3) Day Recession Notification. I. Deferred Payment Loans (DPLS) The CDBG and DRI Programs provide financing for eligible activities to income qualified Applicant homeowners in the form of zero -interest Deferred Payment Loans (DPLs) (mortgage), the amount of which shall include the accepted bid amount for rehabilitation plus a contingency reserve. In the case of DRI, this can also include acquisition or purchase assistance. '1. Deferred Payment Loans (DPL) a. Deferred Payment Loans (DPLs) are zero -interest loans with deferred payments that become grants when and if all criteria are met by the Applicant. The DPL is provided to a) homeowners who are unable or unlikely to obtain conventional financing due to their income limits, or b) to assist disaster affected homebuyers in purchasing a home under DRI. 214 40 b. DPL financing is also used in the CDBG and DRI categories to provide assistance with housing rehabilitation and/or replacement of owner occupied, eligible units. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within the date specified in the terms of the DPL, or fails to maintain reasonable required standards of care and maintenance. During the specified lien period the principal is "forgiven' or subtracted from the principal balance in equal annual amounts for CDBG and DRI rehabilitation loans, so that at the end of the specified term of owner occupancy (by at least one of the Applicants if owned jointly), the loan is fully amortized. There is no interest charged during this specified term agreement. c. In the event that the sole owner dies or both/all owners die within the specified loan period, repayment of the loan will not be required and the DPL is forgiven (Le. it becomes fully amortized upon the death of the final owner). d. The assistance provided to each Applicant, at the time of closing, will be in the form of either a primary or secondary mortgage. The mortgage will be recorded in the Public Records of the County. The County will monitor possible triggers of the DPL repayment with annual title verification with online County services through the Clerk of Court and Appraisers offices and through visits to the assisted units. e. The primary affordability mechanism is a Deferred Payment Loan (DPL) at zero interest and is forgiven after 10 years.Except for Demo/Replacement, those Deferred Payment Loans at zero interest are forgiven after 20 years. NOTE: With regard to Demo/Replacement (new construction housing), DPL's must maintain Tong -term Affordability for the 20 year lien period. f If repayment of a DPL becomes due, the (prorated for CDBG and DRI) principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the County Commission may, at their discretion, and with FDEO approval, allow repayment of the DPL over a term not -to -exceed fifteen (15) years, at a yield of not more than one percent (1%) interest per annum, and/or allow transfer or sale of the unit to another income qualified household for the remainder of the lien period. g. Homeowners whose household incomes do not exceed the HUD Section 8 low -to -moderate income limit will receive a Deferred Payment Loan for one hundred percent (100%) of the cost of rehabilitation. h. The maximum DPL for the regular CDBG and DRI categories for an owner -occupied single family dwelling for repairs or replacement is eighty thousand dollars _($80,000). 215 41 1. If rehabilitation costs require more than maximum allowed DPL in the aforementioned categories and the owner is. unable to finance the additional cost, the dwelling unit may be disqualified by the HRS unless matched, leveraged, or other alternative funding is available. If the HRS considers it appropriate and in the best interest of the program, CDBG funds may be used in lieu of alternative funding only upon 1) availability of CDBG construction funds and 2) the approval of the County Commission of a waiver of the maximum DPL. As a general policy, a contingency amount of approximately five percent (5%) shall be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment in writing to pay for all required changes exceeding the authorized loan limit, or if the PA determines that the situation does not require a contingency fund. J. Rehabilitation and Replace Procedures All rehabilitation and replacement construction work shall include and address Section 8 Minimum Housing Quality Standards (Section 8 HQS), the current Florida Residential Building Code and relevant local codes (whichever is most stringent for each code -related item). When replacing older obsolete products and appliances the following "green" standards will be implemented for all homes rehabilitated, including new home construction to include: Green Standards 1. Refrigerators that are replaced or installed shall be Energy Star rated; 2. Gas water heaters that are replaced or installed shall be Energy Star rated; 3. All exterior doors and windows that are replaced or installed shall be Energy Star rated; 4. All lighting fixtures and ceiling fans that are replaced or installed shall be Energy Star rated; Additional standards for all homes 1. Weatherization of all homes rehabilitated 2. At a minimum, weatherization shall include attic insulation, and if appropriate, floor insulation, as well as sealing all exterior walls. 3. HVAC units that are replaced or installed shall be Energy Star rated and have a SEER rating .of at least 14. 4. Where feasible and cost effective as determined by the PA/HRS, all rehabilitation and new construction work, major or otherwise, shall include the installation of water -efficient toilets, showers, and faucets. K. Structural Requirements For all CDBG programs, in addition to household eligibility requirements for rehabilitation, the dwelling must: 212 1. Meet (or through feasible repairs meet) Section 8 Minimum HQS and, 2. Be feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction must: a. Correct all violations of the local housing code, the current Florida Building Code and Section 8 Housing Quality Standards; b. Provide interim controls or abatement for lead-based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead-based paint. If lead-based paint is found, interim control procedures will be used for all houses rehabilitated at or below twenty-five thousand dollars ($25,000). Houses rehabilitated at a cost above twenty-five thousand ($25,000) will be rehabilitated using abatement procedures. Any occupants will be notified in writing of the hazards of lead-based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements and appropriate abatement procedures;(also see Lead Base Paint procedures) c. Meet applicable local zoning requirements, as well as local, State and Federal housing code requirements for rehabilitation work; d. Leave at least twenty percent (20 %) of the original structure based upon the formula provided in this section; e. Not exceed the program costs noted in this HAP; f. Be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such; g. New construction or substantial improvement of any residential building (or manufactured home) located within the one hundred (100) year flood plain shall have the lowest floor, including any basement, elevated no lower than one (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided; h. The HRS will determine if any special surveys or studies are needed and may require any surveys or environmental assessments (with funds available) to determine feasibility of a unit. The County designee and PA shall approve such special studies or surveys before being ordered. If the recommended studies or surveys are cost infeasible, the unit may be denied at the County's discretion, or the Applicant may pay the cost of such studies or surveys the HRS recommends; i. Provide interim controls or abatement for asbestos hazards as required by HUD, the State and EPA that will be assisted by the program. 3. For regular category CDBG and DRI. Be suitable for redevelopment or replacement housing units in cases where rehabilitation is not feasible and sufficient funds (CDBG and DRI) are available for the completion of a new or replacement housing unit that meets all of the above and all other criteria in this HAP. Redevelopment and replacement units must meet all of these requirements to be eligible. 217 43 L.. Structural Integrity For all CDBG programs, rehabilitation requires that at least twenty percent (20%) (CDBG and DRI) of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total one hundred percent (100%) of the structural value of the house. These components and ratios are: roof — twenty percent (20%), exterior walls — sixty percent (60%), and flooring system — twenty percent (20%). As an illustration, assume fifty percent (50%) of the roof must be replaced, fifty percent (50%) of the walls must be replaced and twenty-five percent (25 %) of the flooring system (including framing) must be replaced. The factors are then ratioed based on the 20/60/20 formula, so that fifty percent (50%) replacement of the roof is equal to replacing ten percent (10%) of the structure, fifty percent (50%) replacement of the exterior walls equals thirty percent (30%) replacement of the structure, and twenty-five (25 %) replacement of the flooring system equals five percent (5%) replacement of the structure. Thus, replacement equals ten percent (10%), plus thirty percent (30%), plus five percent (5%), or a total of forty-five (45%) of the structure. This leaves fifty-five percent (55%) of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by the HRS. Should significant deterioration occur between application approval and the time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by the HRS whether to replace it with an alternate unit in accordance with current FDEO contract requirements. M. Cost Feasibility Pertaining to the CDBG and DRI categories, as an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas. These limits are above the allowable CDBG financing limits, and assume requirements for owner contributions or leveraging with other funding sources. The limits may be exceeded for rehabilitation/replacement costs when alternative funds are available for leveraging, but must be specifically approved by the County Commission or PA as exceeding the described limits. 1. $80,000 per single family detached house (CDBG and DRI) 2. $50,000 per unit of a duplex, Townhome, or Condominium unit (DRI) 3. $20,000 per mobile home unit built after Jan. 1, 1997( DRI) In addition, for the CDBG and DRI categories, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. In the absence of conflicting information, the mobile home DRI cost limits shall be assumed to meet this requirement. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed eighty dollars 214 ($80) per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. N. Clearance Requirements are identified by the HRS and are included in the replacement unit bid package. In this way, the same Contractor is responsible for site cleanup and preparation as far provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. 0. Rehabilitation / Demolition Differences A major difference between assistance provided to demolish / replace an entire unit and rehabilitation work is that, with a demo / replace unit, the DPL issued is not for the full value of the replacement unit (owner occupied). (With rehabilitation, the DPL is issued for the full value of the rehab work performed.) The value of the DPL is based on a calculation that takes the difference between the assessed value of the original unit (real property not included) and the actual cost of the new unit (without real property). The difference is the value of the DPL. This is because the dilapidated unit that was demolished belonged to the Applicant homeowner and is being replaced on a one-for-one basis. Ownership of the replacement unit is vested directly to the homeowner with no interest on the part of the. local government (except for the DPL). Generally, the local government will accept interim ownership of mobile homes to save program costs (taxes) with transfer to the homeowner as soon as possible, upon satisfaction of the DPL. 1. No partial payment is provided for modular replacement units, as the time frame to complete the transaction is relatively brief. The Contractor is paid in full upon satisfactory completion of work and providing of warranties. Partial payments are utilized for site built homes along the same lines as for rehabilitation work. 2. Program disbursements are made from the local CDBG operating account. As a result, attention must be paid to the ordering and receipt of funds, to ensure that disbursements are made in a timely manner and that the CDBG/DRI limitation for cash on hand is not violated. 3. Rehabilitation cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits may not be exceeded without approval from the County Commission are: a. four or more bedrooms - $80,000 CDBG/DRI b. three bedrooms - $70,000 CDBG/DRI c. two bedrooms - $60,000 219 45 In the case of all loans, the County will take into consideration grant and contracted requirements for the number of housing units contracted to assist and the amount of available CDBG funds. In the case of replacement of existing SF/ mobile/manufactured homes, the limit will be based upon the acceptable bid price of a replacement home of comparable size. If the existing home is inadequately sized, the replacement home will be sized to include the appropriate bedrooms needed to meet Section 8 and/or local housing code requirements for occupancy. In no case will the total assistance be greater than those limits listed above, unless approved by the County Commission or its PA. Necessary CDBG approved site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. P. Temporary Relocation The CDBG Housing program provides an allowance for temporary relocation assistance to qualified persons who need to relocate while the work is being completed on their primary residence. The County will either; 1. Assist eligible Applicants with up to one thousand dollars ($1,000.00) of Assistance ($500 at move out and $500 upon return: Award of temporary relocation assistance is based upon the availability of funds. Q. Contracting and Commencement of Construction The HRS recommends the contract amount and contractor to the PA before the DPL and contract are signed. The DPL amount, contract amount, contractor, unit and owner eligibility are all approved by the PA. The rehabilitation contract is then executed between the Applicant homeowner(s) and the Contractor. The contract should contain all federal provisions, including but not limited to EEO, Section 3, W/MBE, drug free work place, and insurance statements. The. DPL is executed by the PA on behalf of the County simultaneously with the construction contract, with the three (3) day rescission period running simultaneously for both legal agreements. For all units, the DPL and the Notice of Commencement are recorded immediately, no more than three business days of execution. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. For the CDBG and DRI categories, when temporary relocation of the occupants is required, the Notice -to -Proceed will be delayed until the unit is vacated. The contract time of performance (generally 30 - 45 days 220 46 for rehabilitation and 90 -180 days for replacement or redevelopment) begins with issuance of the Notice to Proceed. The HRS shall recommend the appropriate contract period based on the type, size and complexity of the work. R. Construction Progress inspections Periodic inspections of the rehabilitation construction are performed by the County and the HRS throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by the HRS prior to the contractor receiving partial or final payment. The Applicant homeowner's acceptance of the work is also required before payment is received. No final payments will be issued until the County Building Department issues a Certificate of Completion or Certificate of Occupancy and all lien wavers are collected and cleared. S. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written Change Order before the additional work is started. The Change Order may be executed by the Applicant homeowner and contractor and is approved by the HRS and the PA. All change orders must be approved by the PA and the HRS. Change orders may also be issued to correct code deficiencies, or to obtain any other desired change in the work. CDBG funds can only be for Change Orders that correct code violations as documented by the local building department, a bonafide code violation report, time, or to meet Section 8 HQS found after rehabilitation begins. For CDBG and DRI categories; additional non -code -related changes will be at the Applicant homeowner's expense. T. Payment Contractor payments are to be consistent with local policy, unless otherwise approved by the County and the funding agency as allowable by all applicable regulations. Specific payment policy depends on the program, and the type and amount of assistance being provided and the contract awarded. There will be NO payments shall not be processed without proper signatures from the owner, the contractor, the HRs, and the PA. Also no payments shall be processed without completed primary and subcontractor lien waivers as applicable to the contract award or as required by the local policy. Contractor Payment request and submissions should at a minimum follow these general guidelines: 221 47 1. Contracts of twenty five thousand dollars ($25,000) or less will not be paid until the Contractor has completed the job. 2. Contracts in excess of twenty five thousand dollars ($25,000) allow a partial payment upon satisfactory completion of sixty percent (60%) (And 100%, see below) of the rehabilitation work (less punch list items), with a retainage of twenty percent (20%) of the completed contract amount. 3. Depending on extenuating circumstances and contract balance, a second partial payment may be authorized at the recommendation of the HRS or PA. Construction Completion Less than 50% 50 % and all permits pulled 100% 100% Approval of a partial payment requires: Percentage of Funds Paid 0% 50% 80% After Certificate of Occupancy is issued and all punch list items are completed. 1. A determination by the HRS and the PA that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed Tess retainage depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the Contractor. 2. Payment will be issued for the amount claimed less retainage depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor. 3. Approval of the work by the Applicant homeowner and/or PA. 4. An affidavit from the Contractor stating that either: a. There are no claims for unpaid goods and/or services connected with the job, a. All laborers, suppliers and subcontractors have received just compensation for their goods, b. Services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or c. A list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: 1. Acceptance of all work by the Applicant homeowner, the HRS and the PA. 2. Submission of all manufacturers' and other warranties (e.g., appliances, roofing, extermination, contractor's warranty covering the entire job for a minimum one (1) year, etc.). 3. Waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice. 222 48 4. A certificate of occupancy or final approval from the Building Department to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements, 5. Completion of all punch list items and 6. An affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner. If the Applicant homeowner refuses to authorize payment due to a dispute with the Contractor, the PA may recommend disbursement without the Applicant homeowner's approval if the claim is shown to be without merit or inconsistent with the policies and the goals of the program. Such disbursement shall be issued only after the PA and the HRS have reviewed the facts and circumstances involved in the dispute and have determined that the Applicant homeowner's refusal to issue payment is without just cause. If a person or party feels that his/her complaint has not been sufficiently addressed by the HRS or PA, an appeal may be made to the Citizen's Advisory Task Force (CATF) in accordance with the County's CDBG Citizen Participation Plan. If a response satisfactory to the aggrieved is not issued by the Committee, an appeal may be made to the County Commission. The County Commission has the authority to uphold, rescind or reverse a previous CATF determination. An appeal of the local determination/decision made by the County Commission should be filed with FDEO, as set forth in the County's CDBG Citizen Participation Plan. Sufficient documentation to this effect shall be placed in the Applicant's file. U. Disputes and Contract Termination Regarding disputes, and as authorized and outlined in the construction contract, the Homeowner and/or the County have/has the right to stop work and terminate the contract in accordance with approved program policy. The Applicant homeowners shall make themselves available to the Contractor to resolve all and any issues that might facilitate completion. The Homeowner is also requested to notify the HRS and the PA of any complaints to the Contractor so assistance in follow-up can be provided. If the Contractor does not respond to any oral or written complaints within a reasonable time frame and in a satisfactory manner, the HRS will verify the complaint and report it to the PA. If the PA judges the complaint to be valid, he/she will send a written request for service to the Contractor and a copy to the Homeowner. The Contractor will then take action as monitored by the HRS and the PA. Upon receiving notice that the complaint has been satisfied, the HRS will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a Contractor from participation with the program including but not limited to: 1. Inability or failure to direct the work in a competent and independent manner. 2. Failure to honor warranties. 3. Ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD, E -Verify or FDEO. 223 49 4. Other just cause that would expose the local government, the Program or Homeowner to unacceptable risk. 5. At the Contractor's or Homeowner's request with cause. V. Project Closeout The project award work plan and time line. should be monitored on an ongoing basis by the HRS and PA to ensure that the program is on schedule and is in compliance with the executed funding agreement between the local government and the funding agency. All project closeout reports and documents must be completed and submitted to the correct funding agency on time and as required. W. Program Compliance and Monitoring When preparing for a compliance monitoring visit, the HRS and Program Administrators and staff should review all Applicant and Program files for completeness of documentation. Special attention should be given to ensure that the income eligibility documentation is mathematically accurate and legible. All files should be orderly and systemically organized. All financial information relevant to each transaction should be easily found, and the files should have copies of invoices and proof of payment. The file should be accessible and a comfortable space should be provided for a thorough review. Copies of all advertisement and contracts should also be available. The following data will be provided by each housing unit as part of the administration documentation for each activity providing direct benefit (for example, housing rehabilitation, temporary relocation, hookups, etc.) and summarized by activity and maintained in the program files: 1. Name of approved Applicant and address of each housing unit rehabilitated with CDBG funds and the date the construction was completed on the housing unit, and the amount of CDBG funds expended on that housing unit. 2. Whether the household is headed by a female, the number of handicapped persons in the household, the number of elderly persons in the household and VLI or LMI status of the household. 3. The number of occupants in the household, categorized by gender. 4. The racial demographics of the household by number (white, black, Hispanic, Asian/Pacific Islander, Hasidic Jew or American Indian/Alaskan native). III. CDBG DRI CATEGORY HOUSING REHABILIATION PROGRAM The goal for the County CDBG Disaster Recovery Initiative (DRI) Housing Program is to provide down payment assistance, rehabilitate or replace existing owner occupied housing units located in the County that sustained damage as a result of federally declared natural disaster(s). 22� A. Housing Rehab or Demo/Replace Activity— Objective To provide a Deferred Payment Loan (DPL) to VLI and LMI income residents whose homes were damaged by a Federally Declared Disaster. The purpose of the program is to bring the residences that sustained damage during a federally declared disaster up to Section 8 Minimum Property Standards, Florida Residential Building Codes, and the local codes currently in effect in the County, whichever is most stringent for each housing unit need. B. Housing Rehab or Demo/Replace Activity— Financing The type of assistance which will be available to eligible residents is known as a Deferred Payment Loan. A brief description of this program is presented below. The DPL is a zero (0) percent interest loan provided by the County. The funding for the loan will come from the County's CDBG DRI Program, The DPL will be secured by a recorded mortgage on the Applicant's property. ADPL will be available for all approved Applicants contingent upon available funding. VLI and LMI Applicants will qualify for a DPL wherein the DPL Amount will be forgiven in annual increments as described in the CDBG Program Operational Procedures section of this document. C. Housing Rehab or Demo/Replace Activity — Eligibility 1. Only those mobile home properties that are conventionally built structures and mobile homes built after January 1997, which are owner -occupied and located within the County, will be considered for participation in the rehabilitation program. No mobile homes built prior to December 31, 1996 will be considered for rehabilitation. 2. Applicants' incomes must fall within the HUD Section 8 Income Limit guidelines as published by HUD and/or the State of Florida for the region. 3. Priority will be given to Applicants who sustained damage from a federally declared disaster in the following order: a. Participants who responded to the County's advertised request for Applicants whose residences were impacted by the disaster events and who have been qualified and ranked by the County for inclusion in the Disaster Recovery programs, provided the County solicitation for affected Applicants took place after the declared events covered in a federal declaration. b. If the current list of Applicants does not obligate all of the available funding, then a new solicitation for impacted residents will be published. c. All other Applicant eligibility requirements are described In the CDBG Operational Procedures section of this document. d. Priority will be given to Applicants who sustained damage in a Federally Declared Disaster. e. No geographic distribution of funding shall be considered, except where specified in the State Sub -recipient Agreement. 225 51 4. To select Applicants in both the Rehabilitation and Permanent Relocation Activities, the following steps will be taken: a. The County will utilize the list of potential Applicants developed from previous solicitations (SHIP, HHRP, FEMA) when available for the Federally Declared Disaster. b. If sufficient clients are not obtained from the previous solicitations, a display ad will be placed in one or more local newspapers of general circulation advising local citizens of the availability of grant funds and establishing a convenient time and place for interested citizens to obtain information and pick up application forms. Applications will be accepted by the County for a minimum thirty (30) calendar days after the notice is placed. c. Local organizations which normally work with clientele that may qualify for the program shall be contacted. d. Prior Applicants who have applied for but did not. receive County CDBG/DRI assistance will be contacted and advised of the funding assistance and requested to submit an Application. Once a list of potential Applicants is obtained, the HRS shall perform initial inspections on the dwellings to determine which of the following categories they fall into: D. For conventionally ("site") built structures and modular homes: 1. Rehabilitation for these structures is not to exceed eighty thousand dollars ($80,000.00). 2. If the cost of correcting all existing code violations is estimated to exceed eighty thousand dollars ($80,000.00) or, the unit is deemed structurally unsound and not feasible for rehabilitation, the dwelling will be considered for Demolition Replacement, wherein the Applicant homeowner provides the additional funding needed to complete new construction or where additional funds have been appropriated to the program for the specific purpose of demolition/replacement. E. For mobile homes built after 1996 (CDBG DRI only): 1. Rehabilitation for these structures is not to exceed twenty thousand dollars ($20,000.00). 2. Replacement housing — if the cost of correcting all existing code violations exceeds twenty thousand dollars ($20,000.00), or if the mobile home is deemed structurally unsound and not feasible for rehabilitation the dwelling will be considered for demolition replacement, wherein the Applicant homeowner provides the additional funding needed to complete new construction or where additional funds have been appropriated to the program for the specific purpose of demolition/replacement. 226 52 F. Temporary Relocation: The CDBG/DRI Housing program provides an allowance for temporary relocation assistance to qualified Applicants who need to relocate while the work is being completed on their primary residence. The County will: 1) assist eligible Applicants with up to $1,000.00 of assistance, G. Applicant Requirements: 1. Applicants must be income eligible in accordance with HUD LMI income requirements. 2. Applicants must be able to produce clear title in order to receive assistance from the CDBG/DRI program. The County is not providing funds for the entire rehabilitation cost of the home. Other funds or match funds could be utilized. 3. The Applicant must complete a Purchase Assistance Application. 4. Applicants must sign the County's Mortgage and Promissory note. The County's mortgage (typically a second mortgage) is forgiven after 5, 10, 15, or 20 years — depending on the amount of assistance received. 5. Total household income cannot exceed eighty percent (80%) of the Area Median Income (AMI). Please see HUD income guidelines. 6. Applicants must be able to verify and document all income and assets of household members above eighteen (18) years of age residing in the housing unit. 7. Applicants are processed and served on a 'first come, first qualified, first served' basis. H. Program Benefits: 1. CDBG funds can be used to pay up to $80,000.00 of the Applicants' required rehabilitation to address code violation corrections. 2. Increase housing stock; remove slum and blight conditions, correct code violations. 3. Address health and safety conditions and concerns. 4. Increase County tax base. 5. Increase homeownership. 6. Assistance with the rehabilitation process. L Eligible Properties: 1. Single -Family Homes. 2. Townhomes, Condominiums units and Duplexes. 3. Mobile Home built after Jan. 1, 1997 (CDBG DRI only). 4. Limitations on maximum CDBG rehab costs - $80,000.00. 5. All properties must have an inspection. 6. All properties must have clear title pursuant to HUD definitions. 7. Properties must be appropriately zoned. 8. Not located in flood zones. 9. Life estates are permitted under this program. 10. Property must be owned and not rented or leased. 11.AII properties must be located in the unincorporated limits of the County. 227 53 J. CDBG, DRI rehab and demo/replacement activity— financing The type of financing assistance which will be available to eligible Applicant homeowners is known as a Deferred Payment Loan (DPL). A description of this program is outlined in the CDBG Operational Procedures Section, as well as other places throughout this document. We have provided summary information as follows: 1. Terms of Assistance: A zero (0) percent interest, deferred payment loan secured by a mortgage and note. The loan is forgivable in its entirety at the end of the term. Maximum DPL is $80,000. Additional information is defined under Cost Feasibility and Deferred Payment Loans. There will be a yearly write-down of the loan after the end of each applicable full year. The write-down will be directly correlated to the amount of the mortgage. The mortgage and note shall provide for pro -rated repayment, which shall be due if the home is sold, title is transferred or conveyed, or the home ceases to be the primary residence of the Applicant homeowner during the affordability period. 2. Down Payment Assistance Activity — Obiective To provide a Deferred Payment Loan (DPL) to be utilized as down payment assistance for VLI and LMI (up to 80% AMI) Applicants who have been approved to purchase dwelling unit under the County CDBG/DRI program. The purpose of the program is to provide gap financing to enable very low and low income households to purchase affordable standard residential. Priority will be given to a household that lost primary housing residence due to a federally declared disaster or has been unable to obtain decent, safe, standard affordable housing in the area as a result of federally declared disaster. 3. Down Payment Assistance Activity — Eligibility a. Applicants' income must fall within the HUD Section 8 income limit guidelines as published by HUD and/or the State of Florida for the region. b. No member of the governing body, member of the CATF, employee of the County, or relatives of any of these as defined by HUD and Florida Statutes, shall be eligible for program participation unless they are granted a waiver by the Florida Department of Economic Opportunity (FDEO). The prohibition shall continue for one (1) year after an individual's relationship with the County is terminated. c. Priority will be given to Applicants who were forced from their homes because of a federally declared disaster event(s) or are being forced to vacate their existing units due to FEMA temporary living unit evacuation requirements. 228 54 K Down Payment Assistance Activity - Construction Process Once an Applicant has been deemed eligible for the down payment assistance activity he/she shall close on the loan and proceed with the following steps: 1. The Contractor will apply for and obtain all building permit(s) in the Applicant's name for construction of the residence. Once the building permit is obtained the County will provide the HRS with a copy of the building permit and all subcontractors' permits for the project, a full set of Plans and Specifications for the unit the Applicant is receiving and a recorded "Notice of Commencement" for the dwelling. 2. A Pre -Construction conference will be held between the Applicants, the County and the HRS to review the project in detail. 3. Prior to closing, the County will provide evidence of executed loan agreements with all other agencies that are providing financing for the construction of the dwelling unit. 4. The following documents will be executed simultaneously: An Agreement between the County and the Applicant which allows the County to provide down payment assistance to the Applicant in the form of a zero interest DPL. The DPL will be used to buy down the cost of the primary mortgage and eligible down payment and closing cost. An Agreement executed between the Applicant and the County stating that the Applicant will live in and agree not to sell the relocation property for the duration of the DPL, is required. The DPL process is described in more detail in the Housing Finance section of this document. L. Down Payment Assistance Activity - Size Of Units Size of units shall be based upon the following criteria concerning the current permanent Applicant of the existing dwelling (per 24CFR:982.401) 1. No more than two (2) person of the same sex may occupy the same bedroom. 2. Two (2) persons of the opposite sex may not occupy the same bedroom (excluding husband and wife and very young children). 3. Only the husband, wife, dependent children (including those who are mentally and/or physically handicapped), and family members sixty-two (62) years of age or older and currently residing in the household will be counted in calculating family size and the minimum number of bedrooms and square footage allowance. M. Down Payment Assistance Activity - Down Payment Allowances The approved Applicant of a CDBG/DRI Down Payment Assistance Activity will be eligible for the following Disaster Recovery Initiative Program housing payment assistance maximum amounts, subject to Application review by the HRS and PA, and subject to financial need on a case by case basis to meet down payment needs and keep the primary mortgage reasonable and within current HUD guidelines for maximum monthly rent/mortgage cost for the household income of the Applicant: 22?5 Family Size. Up to 80% AMI 1 $20,000.00 2 $25,000.00 3 $30,000.00 4 $35,000.00 5 $40,000.00 6 $40,000.00 7 $40,000.00 8 $40,000.00 The HRS and PA will review each Applicant's case and discuss with the primary lender and Applicant the limitations of the program. The HRS will determine the amount of assistance needed for down payment, closing and buy down of the primary note for each Applicant's household size and income range. The HRS will recommend the amount to the PA and County in the best interest of the program. If more funds are needed than allowed to make the Applicant feasible to receive purchase assistance, other housing purchase assistance funds must be obtained to meet HUD mortgage costs limits, or the Applicant will be rejected as infeasible due to income limitations and the inability to keep the primary note within the HUD guidelines (usually no more than thirty percent (30%) of gross income for mortgage, insurance, taxes and other mortgage costs combined, but whatever is current at the time of Application review will be used as a guide). This Housing Assistance Plan and its Operational Procedures is adopted this loth day of July , 2018 �o ..... •.'�iss� i *. ky_q .0. Peter D. O'Bryan, Chairman Q '""//�jj ATTEST : Jeffrey Smith Clerk Of Circuit Court and Comptroller BY: � 0 ty Cler APPROVED AS TO FORM AND LEGAL SUFFICIENCY w1t42U William K. IIeBraal, Deputy County Attorney 230 56 APPENDIX A — DEFINITIONS ADA - Americans with Disabilities Act—Provides federal civil rights protection to individuals who are physically or mentally disabled. The ADA prohibits discrimination against the disabled in employment, public services, public accommodations, and telecommunications. Entities that are covered by the ADA must make reasonable accommodation which involves adapting programs, facilities, or work places to allow disabled individuals to participate in the program of services. (HUD's Access to Housing for Persons with Disabilities, (202) 708-3287). Affordability Period - The time period for which rent restrictions or resale restrictions apply to housing that has been assisted by govemment funding. Affordable Housing - Housing is considered to be affordable if monthly housing cost does not exceed a certain percentage of a family's monthly income. The acceptable percentage is thirty (30) percent of a family's adjusted gross monthly income. Annual (Gross) Income - Total income (earned, unearned and asset income) anticipated to be received by all persons who currently reside or intend to reside in a program assisted -unit for the coming twelve (12) month period. When determining whether a household is income eligible, local governments, participating jurisdictions and project owners must use one of the following three (3) definitions of annual income: (1) annual income as defined at 24 CFR section 5.609 (except when determining the income of a homeowner for an owner -occupied rehabilitation project, the value of the homeowner's primary residence may be excluded from the calculation of net family assets); or (2) annual income as reported under the Census long -form for the most recent available decennial Census; or (3) adjusted gross income as defined for purposes of reporting under Internal Revenue Service (IRS) Form 1040 series for individual federal annual income tax purposes. Assets - Cash or non-cash item that can be converted to cash. Under most federally and state funded housing programs, the income from an asset, either actual or imputed, is included in a family's total household income. Blighted structure: a structure that has substantial deterioration in which conditions are leading to economic distress or endangerment of life, the sub -recipient jurisdiction agrees by ordinance that the structure is blighted, and one or more of the following factors are present: 1. Unsanitary or unsafe conditions; 2. Deterioration of site or other improvement; or 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. CATF: The Citizen's Advisory Task Force which the State's sub -recipient must create in order to provide public participation and comply with citizen participation requirements. 231 57 CDBG - Community Development Block Grant - The U.S. Department of Housing and Urban Development (HUD) administers two CDBG programs. Under the CDBG Entitlement Program, HUD provides funds directly to urban counties and metropolitan cities based on a population- based formula. The CDBG Small Cities Program, administered by FDEO, Bureau of Community Development, awards grants on a competitive basis to non -entitlement counties, cities, and towns in Florida. Closing - The final procedure in a real estate sale, in which property ownership is transferred in exchange for an agreed upon payment. FDEO — Florida Department of Economic Opportunity —DEO fulfills three major roles in developing and implementing policy in the State of Florida which are: housing and community development, emergency management, and resource planning and management. DEO's activities are accomplished through the following: providing technical assistance; planning projects; administering grant programs; reviewing plans, programs and developments; intergovernmental coordination; and, fostering public/private partnerships. Deed - A legal instrument that transfers property ownership from one party to another. Deferred Payment Loan - Funds provided to a borrower under terms that calls for repayment to be delayed for a certain length of time, until certain circumstances change, or a certain threshold is met. In housing programs, deferred payment loans are often used as an affordability mechanism. In home ownership programs the loans often become due when the assisted family sells the home. Under rental programs the loans often become due if the affordability requirements are breached. In most housing programs these loans have an interest rate of zero percent; in some communities interest does accrue. Demographic Data - Information about the characteristics of human populations, including size, income, age, wealth, race, ethniCounty, gender, housing conditions, etc. Eligible Household - An individual, family or group of individuals living together as a unit, determined to be of very low income (30%-50% of AMI), low-income (50% -not to exceed 80% of AMI) for participation in the Small Cities CDBG and DRI programs. Fair Housing Act - The Fair Housing Act makes it illegal to deny housing, refuse to rent, sell, or negotiate, or offer different terms and considerations because of race, color, religion, sex, national origin, handicap, or familial status. If you suspect violation of the Fair Housing Act or want more information, you may contact the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, 451 7th Street, SW, Washington, D.C. 20410-2000, 1-800-669-9777. Household - Individual, family, or group of individuals living together in a unit. 232 58 HUD - U.S. Department of Housing and Urban Development - The department within the federal government that is mandated by Congress to create conditions for every family to have decent and affordable housing, to ensure equal housing opportunities for all, and to strengthen and enrich the nation's communities. Offices are located at the national and state levels. HUD Locator for general information: (202) 708-1422; Affordable housing information center: (800) 998-9999. The State Coordinators' Office (serves South Florida): Brickell Plaza Federal Building, 909 SE First Avenue, Room 500, Miami, Florida 33131-3028; phone: (305) 536-5678; fax: (305) 536:5765; website: http://www.hud.gov/local/tUworking/miamioffice.cfm. The Jacksonville office (serves North and Central Florida: 401 West Bay Street, Suite 1015, Jacksonville, Florida 32202; (904) 232-2627; fax: (904) 232-3759; web site: fl/working/jksoffice.cfm. Lien - Recorded claim against a property whereby the property is security for a debt. Under certain circumstances, the holder of the lien is entitled to have the property sold to satisfy the debt. A lien is an encumbrance against the property. Low -Income Person or Household - A person or household whose annual (gross) income does not exceed eighty percent (80%) of the Area Median Income_ , as determined by HUD, with adjustments for smaller and larger families. Median Income - A determination made through statistical methods establishing a middle point for determining income limits. Median is the amount that divides the distribution into two equal groups: one group having income above the median and the other group having income below the median. Mortgage - A temporary and conditional pledge of property to a creditor as security for the repayment of a debt. The borrower (mortgagor) retains possession and use of the property. Reconstruction - Rebuilding of a structure, usually on the same foundation as the existing housing which will be demolished. Rehabilitation - The alteration, improvement or modification of an existing structure. Section 504 - Section of the Handicapped Accessibility/Architectural Barriers Act that Requires all public buildings to be designed, constructed, or renovated to provide access for physically handicapped persons. Very Low -Low -Income Person or Household - A person or household whose annual (gross) income does not exceed fifty percent (50%) of the area median income, as determined by HUD, with adjustments for smaller and larger families. 233 59 APPENDIX A -- RESOURCES Income Verification Resources: https://www.hudexchange.infaincomecalculatori Link to HUD and HOME Sample Income Verification and Contract documents: https://www.hudexchange.info/resources/ HUD income limits;\ https://www.hudexchange.infaresourc.e/5334/cdbg-income-limits/ Section 3 and W/MBE Resources: https://www.hudexchange.info/resources/documents/24-Cfr-part-135-Section-3-Regulations.pdf State of Florida W/MBE directory: https://www.dms.myflorida.com/agency administration/office of supplier diversity osd/ Davis Bacon Resources: HUD Handbook 1344.1, Federal Labor Standards Compliance in Housing and Community Development Programs Making Davis -Bacon Work: A Practical Guide for States, Indian Tribes and Local Agencies A Contractor's Guide to Prevailing Wage Requirements Fair Housing Link: WwW.hud.gov/fairhousing APPENDIX B - Point Values to be Used in Ranking Applicants Priority and point value will be based on the following table: Priority Point Value Disabled and/or Handicapped Head of Household 10 Very Low Income Households (50% or less of the county's median household income) 10 Elderly Head of Household (over 62 years of age) 10 Low Income Households (between 51-80% of the county's median household income) 5 Families with Handicapped Dependents 5 Large Families (five or more) 5 Small Families (four or Tess) 3 Families with Elderly Dependents 3 F:\Community Development\CDBG\201 7-18 CDBG\APPLICATION\Attachments\IRC CDBG HAP V3.doc 235 61 TABLE OF CONTENTS SECTION A COVER LETTER SECTION B PROPOSAL SECTION C CORPORATE EXPERIENCE AND CAPACITY SECTION D QUALIFICATIONS SECTION E REFERENCES SECTION F COST SECTION G SWORN STATEMENT SECTION H CERTIFICATION 15000 Citrus Country Drive, Suite 331; Dade City, FL 33523 352-437-3902 - Toll Free 1-888-Guard93 Exhibit B 237 January 22, 2019 Indian River County 1800 27th Street Vero Beach, FL 32960 RE: CDBG Grant Writing and Administration Services, RFP # 2019036 Dear Selection Committee Members: We are excited to submit our proposal for consideration in response to your Request for Proposals (RFP) for CDBG Grant Writing and Administration Services for your Florida Small Cities Community Development Block Grant. Enclosed please find one (1) original, five (5) copies, and one (1) electronic copy of the proposal as requested outlining our professional qualifications for your consideration. Guardian Community Resource Management Inc. (Guardian) is a full service grant management firm serving local governments throughout the state of Florida. As an industry leader, we are here to help you meet the increasing needs for improved local infrastructure, economic development, affordable housing, disaster recovery, utility financing, and the creation of high wage jobs in your community. Guardian has over 160 years of combined team experience, and is a leader in grant research, planning, and writing/application and program administration services for federal and state initiated programs such as the Community Development Block Grant (CDBG), Economic Development, Public Works, and State Revolving Fund, among others. We believe our past involvement in similar communities involving federal and state grant program administration and intimate familiarity with the complexities of Federal and State regulations makes us the best qualified firm to fulfill your needs. Our staff have worked on 10 declared hurricane disasters and other tropical storms, flooding, and tornadoes in Florida. We have worked in cities, counties, and special districts throughout Florida. In short, when you're talking about overall experience from funding to implementation of state and federal grant funded programs, you will not find a more experienced knowledgeable, dedicated and ethical team than Guardian. Based on our track record with federal and state government funded projects, please know that when it comes to working with the Indian River County team, we will always respond professionally, effectively and in a timely manner. We will act in the best interest of your Guardian Community Resource Management, Inc. 15000 Citrus Country Drive, Suite 331 Dade City, FL 33523 352-437-3902 Office Toll -Free 1-888-GUARD93 Fax (863) 583-0357 238 GU community, without over stepping our responsibilities. We will provide you and your residents with the highest quality standards and service that make Guardian a leader in this industry. With ongoing budgetary constraints, local governments need the financial assistance from federal and state grants to fund in their community's development needs. Guardian professionals have worked on hundreds of publicly funded projects using every major state and federal funding source. Of equal importance is Guardian's unique team expertise in developing grant funding strategies by leveraging multiple funding sources, which decreases the cost of programs to the local community. We have successfully completed over 200 projects, totaling $500,000,000+ in grants, loans and private investment (the mixing, matching, and leveraging of multiple funding sources), with the majority involving SHIP, FEMA PA, CDBG, NSP, Home, EDA, and other community and economic development programs. The Guardian Team encourages you to contact our references and confirm that when you partner with our firm, you get a team that is responsive, technically knowledgeable and committed to your success. Our current City and County contracts and other documentation related to our CDBG and SHIP program administration experience are noted in our Guardian Experience Chart. We are local, housed in Florida, with exclusive experience with Florida disaster recovery, economic development housing rehabilitation. It is our pleasure to offer our services to Indian River County. I am the duly authorized representative to legally bind Guardian in this proposal and I understand and agree to be bound by the terms and conditions of the RFP as presented. Please do not hesitate to contact me should you have any questions or require additional information. We look forward to the opportunity to serve you and your community. Sincerely, I /LIZ- Christ LQChrist e Masek Alday, P'esident Christine.AldayCa GuardianCRM.con4 Guardian Community Resource Management, Inc. 15000 Citrus Country Drive, Suite 331 Dade City, FL 33523 352-437-3902 Office Toll -Free 1-888-GUARD93 Fax (863) 583-0357 239 11\ SEC --TION. PROPOSAL I • I 240 APPROACH TO CDBG TIME IS MONEY Work hard, work smart, call any time COMPETITIVE FEE We bid the work, not the maximum allowed LEVERAGING RESOURCES Leverage funds, conserve, out of box ideas ESTABLISH CONTROLS Financial, document, contract, self -auditing THINKING IN TERMS OF THE FUTURE Growth, employment, disasters, rule changes PROFESSIONAL ETHICS Respect the funder, client, beneficiaries REPEAT SUCCESSFUL COMPLETION On time, under budget, future 9 opportunities COMMUNICATION Key to resolving problems before they happen BUILDING PARTNERSHIPS Network, share information, ongoing research ATTENTION TO DETAILS Self-monitoring & audit preparation ongoing Our approach and success in program administration is comprehensive, detailed, and follows a proven work plan centered on quality control. We measure our performance by the benchmarks we establish based on funding, administration and construction timelines and funder requirements. We establish these benchmarks at the time of contract for each grant funded project. The Guardian Team is the Right Team for this Work The Guardian Team understands the skills, services and talents needed to succelly administer and manage Indian River County's CDBG and other grant -funded projects! atalt (692 Started ! Preliminary Activities: 1. Assist the County in the actions approved by DEO for the CDBG within the specified budget. 2. Perform an environmental review and request release of project funds. 3. Assist County staff with the financial procedures for receiving funds and disbursement of payments. Assist in financial reporting. 4. Prepare spreadsheets of budget and expenditures and monitor budget and expenses. 5. Assess and ensure the local government's compliance with federal, state, and local regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, etc. 6. Provide assistance in solicitations for needed services, which may include abstractors, surveyors, lead inspectors, and contractors. 7. Conduct a project area meeting (if necessary) to explain the program to residents/owners. 8. Meet with the local building official to lay out the parameters of the specific code criteria the building department wishes utilized in the rehabilitation of the housing units. 9. Maintain all CDBG Housing Rehabilitation and client/applicant files. 10. Supervise all payment authorizations to assure proper documentation and appropriate payments. 11. Represent the local government during local/state/federal agency monitoring visits and inquiries. 12. Provide responses to audits and monitoring reports for review and approval by County. 13. Develop corrective action plans to address noted deficiencies (from audit or monitoring reports). 14. Respond to questions and/or complaints from citizens. 15. Recommend policy and/or grant amendments. Take necessary actions in response to the local government's decision, such as advertising and conducting public hearings, updating the project environmental review file, and attended meetings. 242 You've Got Post -Award lame= Activities: Now 1. Prepare Environmental Review Record (ENVRR). 2. (Economic Development) Execute Participating Party Agreement. 3. Prepare FONSI advertisement and Request for Release of Funds (RROF). 4. Review/update/develop any required grant policies and procedures manuals. 5. Review all grant agreements for compliance, requirements and special conditions. 6. Establish grant performance measures and benchmarks of performance. 7. Develop program forms and checklist for intake qualifications, bidding, and contracting. 8. Provide a sample / review/ update RFP/RFQ for contractors and vendors. 9. Recommend short list of vendors (e.g. construction contractors, surveyors, and any other remaining services needed). 10. Vet all contractors and vendors. 1. Develop operating procedures and accompanying checklists and standardized reports for your project partners and vendors. 2. Provide training, support and monitoring of the day to day activity of the partners, vendors and your staff. 3. Provide sample of vetting forms and forms of agreement for contractors, partners, and vendors. 4. Write RFP scopes of work and provide 2 CFR 200 and State language. 5. Attend pre-bid and bid meetings for support. 6. Write technical assistance answers to bid questions. 7. Technical assistance to selection committees. 8. Develop scope and federal developed agreements. 243 Let's Get to Work! Regular Compliance Monitoring: 1. Oversee project schedule and compliance, including regular monitoring & updates. 2. Representation during monitoring/site visits, audits and community meetings. 3. Coordination with other agencies, partners, recipients and contractors. 4. Provide all other necessary technical assistance to staff and contractors. 5. Prepare regular status reports, e.g. grant funding report, grant contract status, administrative status, quality control activities and results, major accomplishments, success stories, etc., noteworthy meetings and accomplishments, work plan issues, available budget and uses of funds. 6. Procedures for comprehensive identification of beneficiaries and qualifying applicants. 7. Create monitoring, documentation and reporting of the efforts and results. 8. Monitor all regular grant -funded project activity to ensure compliance. 9. (Infrastructure) Request Wage Decisions where applicable and provide sub-grantee/contract guidance for specific activities. 10. Review construction contract documents and supporting information compliance. 11. Review & ensure compliance with applicable laws, e.g., ADA/504 Handicap Accessibility, Uniform Relocation Act and Anti -Displacement, Copeland Anti -Kickback, Civil Rights, Fair Housing, all applicable parts of 24 CFR200, and any other related federal requirements. 12. Oversight and coordination of citizen complaints and responses (coordination and response to citizen complaints/concerns). 13. Develop, process and track amendments (action plans and other plans) where needed. 14. Identify conflicts of interest and coordinate the issuance of a waiver if necessary. 15. Fraud prevention and monitoring. 16. Monitoring and prevention of duplication of benefits. 244 Manage construction from beginning to end! Project Delivery Services: 1. Administer an intake application for potential clients and carrying out housing inspections of all identified units to determine if applicants qualify for the program and the extent of work needed for each residence. 2. Verify each applicant's income to determine eligibility. 3. Carry out detailed housing inspections, complete work write-ups, and construction cost estimates. If the unit was constructed prior to 1978 a lead based paint test will be carried out by an independent contractor. 4. Review work write-ups with the owner and obtain the owners signed acknowledgment that they are in agreement with the work to be carried out. 5. Obtain title searches on each potential unit to ensure the applicants have equitable interest in the property. 6. Rank all potential clients and present the ranked list to County for approval or revision. 7. Identify and appropriately acknowledging all clients with potential conflicts of interest. 8. Consultant must request and obtain from DEO waivers to rehabilitate units belonging to clients with potential conflicts of interest. 245 Always Follow the Money! Financial Oversight: 1. Assist with implementing an internal budget and setting up purchase orders, as needed. 2. Review and advice on a project financial management system for receiving and disbursing funds. 3. Assist with financial reporting required by the funder: 4. Assist with all Requests for Funds (RFF), working with your Town Finance Depart. 5. Review, advise, and establish layering plans for each program's eligible budget and activities to coordinate proper use and tracking of layered funds. 6. Review pay authorizations and change orders for compliance. 7. Advise on maintenance of project account records. 8. Provide sample time sheets for tracking of eligible grant -funded staff time. 9. Assist with responding to external and internal audit questions. 10. Monitor and developer agreement activities for compliance. We made it to Project Closeout! Project Closeout 1. Balance final project budget. 2. Gather all necessary completion supporting documents. 3. Prepare documents for administrative/financial close out of projects. 4. Research and prepare information/applications for new and continuing grants and their related funding cycles. 5. Document all warranties, release of liens, flood insurance, and related requirements. 6. All closed agreements documented complete. 246 PROJECT TASKS Funding Assistance Notice to Commence Pre -Construction Requirements Monthly Program Meetings Financial Meetings Agency Monitoring and Audits Contractor Payment/Reporting Monitoring for Compliance Reporting/Requests for Funds Construction Management Financial Management Construction Progress Meetings Program Closeout Project Completion Final Certification Typical Project Schedule 0 2 4 6 8 10 12 14 16 18 MONTHS 247 CURRENT AND PROJECTED WORKLOAD The Guardian Team has been successful in maintaining numerous repeat clients, continuing to bid competitively, and keeping client satisfaction and quality service at the forefront of our practice. Guardian's projected workload for the next 24 - 36 months consists of 12-14 clients and 15-20 grant projects, not including any programs we might administer on behalf of your community. The Guardian Team will dedicate ample resources to your projects, including acquiring additional office space and staff as needed. 248 HR CDBG City of Avon Park New project NR CDBG LaBelle New project NR CDBG City of Palmetto New Project NR CDBG Lake Placid New Project HR CDBG Hernando County 35% complete HR CDBG Hendry County 25% complete HR CDBG Citrus County 85% complete CDBG Entitlement - City of Palm Coast Ongoing by Task Order Collier County Tech and Grant Assistance Ongoing by Task Order Hillsborough County ENVRR work Ongoing by Task Order Spring Lake Improvement District Tech Assist Ongoing by Task Order (multiple projects) SHIP Indian River County Ongoing by Task Order Osceola County Grant Assistance Ongoing by Task Order SHIP Martin County Ongoing all years SHIP Hendry County Ongoing all years SHIP Putnam County Ongoing all years City of Kissimmee ENVRR Work Ongoing by Task Order NSP 1/3: Osceola County, Martin County, Hernando 99% complete NR CDBG Highlands County 99% Complete 248 SEC -110-N CORPORATE', EXPERIENCE' AND CAPACITYN-,,. 249 Organization and Capacity Profile, Organization and Management Guardian Community Resource Management Inc. (Guardian) is a full service grant management firm established in 2005 as a for-profit, S Corporation, and is a State of Florida Certified Minority/Women Owned Business. Guardian's Team is comprised of seven (7) veteran grant and management professionals. Our Team brings to your organization over 160+ years of combined expertise and hands-on experience working in the various areas of state and federal grants and loan -funded community development and affordable housing. From its inception, the Guardian Team has worked for local governments to develop and provide grant research, planning, grant application preparation, program administration and management and construction oversight services. Our full-service grant management includes, but is not limited to: o Grant research and grant application writing, planning, and budgeting new programs. o Developing grant funding strategies, including loans/layering of other funds. o Preparing HUD and NEPA Environmental Reviews (ERR) at all levels o Reviewing/updating various local grant related policies/procedures as required. o Preparing Request for Funds, invoices, & approvals for expenditures. o Best practice audit and accounting controls. o Prepare Household Income Certification Forms o Establishing best practice client and administration files for grant program. o Providing technical support and training to our clients as needed. o Financial management of all grant funds, including match and leverage. o Preparing RFP for procurement of contractor, vetting, bid invitations o Attend pre-bid conference, bid opening/pre-construction meeting o Assisting in/ preparing for required Fair Housing activities; preparing grant amendments, monthly, quarterly, close out reports & other funder reports. o Performing construction oversight and inspections, including Davis Bacon, Section 3, MBE/WBE reporting, including write-ups, construction cost estimates, inspections and project management. o Identify & respond to potential conflicts of interests/community concerns, as requested. o Attendance at monitorings, site visits, Commission and community meetings; and preparation of responses to any public requests or concerns. o Prepare RFP for partners of developers and engineers. o Monitor and provide technical assistance through selection of partners, developers, and engineers 250 Financial Responsibility We understand the most critical aspect of successfully implementing a grant -funded program is ALWAYS being able to follow the money! Guardian professionals have worked throughout the state of Florida, on hundreds of publicly funded projects using every major federal and state funding source, including, CDBG, USDA, FDEP, EDA,TIF, CHWIP, SRF, 108 loans, NSP, HOME, SHIP, FEMA Disaster Prevention (mitigation, preparedness, and recovery), Water Management District funding and private funds. Of equal importance is Guardian's unique team expertise in layering multiple funding sources, which decreases the cost of programs to the local community. Location and On -Site Capability At Guardian, we feel providing the maximum accessibility and on-site capability is critical to the successful management and completion of a project. Because our team members live locally to our clients and work remotely, they many times work outside normal office hours and make every effort to respond to your calls or requests within 24 hours. Allowing our team to be completely mobile means we can go where the project needs attention, as well as interface regularly with the client. The office is staffed with full-time office professionals that provide support to our clients and to our other team members. The office is equipped with all the major technology equipment, including scanners, copiers, computers, servers, and more. Our Team! Each professional team member assigned to your projects: • Holds a post -secondary degree or professional license. • Years of experience working in the public sector yielding unique insight into knowing the level of quality, customer service & performance expected from our clients. • Is dedicated to the success of all our clients' projects. Ready to Proceed and Ready to Serve! All Guardian team members are technically connected to serve our clients in the field with: • Fully equipped laptops and wireless broadband internet access in addition to the full suite of Office products and other standard software, • Encrypted flash drives for client privacy and protection, a cellular phone, limited office supplies, and where needed portable printers. • Access to Guardian's backup servers to ensure all documentation is maintained in accordance with all public records requirements. • Toll free phone number accessible to not only Guardian clients but to all individuals, contractors and vendors that may be requesting assistance through the local governments and or agencies. 251 GUARDIAN EXPERIENCE/REFERENCE The Guardian team understands that providing good communication, maximum accessibility and on-site capability is critical to the successful management and completion of a project. Many of our team members live locally to our clients. They work outside normal office hours and make every effort to respond to your phone calls, emails, text and/or fax requests within one business day or sooner. Please see below a selected list of clients, including contact information, services provided, performance period and total amount of contract. Local Government Fund Year Type of Grants Funded Amount Scope Hendry County 2015-2016 CDBG-HR $750,000 Grant Writing Services, Grant/Loan Program Administrative Services. Sabrina M. Gadson SHIP Program $350,000/year Housing and Social Services 2016-2016 Management The Guardian team provided CDBG grant writing services and is currently providing grant administration. (863) 675-5297 Miscellaneous $20,000 Sabrina.gadson@hendryfla Grant Services Work is ongoing for the FHFC SHIP for program administration services to assist the County with their .net (SHIP/CDBG Housing Rehabilitation and Down Payment SHIP program, and Section 8 inspections. Section 8) Highlands County 2014-2017 CDBG-NR $750,000 Project is for neighborhood water line replacement. Robert Diefendorf, Jr. County Engineer rdiefen(a,hcbcc.org The Guardian team provided grant writing will be providing program management, project delivery services. The Guardian team will also provide construction observation, Davis Bacon and financial management. 267 Local Government Fund Year Type of Grants Funded Amount Scope Hillsborough County Sabine Von Aulock Planning & Reporting Principal Planner (813) 274-6649 vonaulocks(a Hillsborough 2015-2016 CDBG, ESG, HOME/DRCDB G/NSP Entitlement Community Per Task Order Approximately $8,000,000 per year Guardian has been contracted by Hillsborough County Affordable Housing Services to complete needed HUD compliant environmental reviews at various levels of housing and community development strategies. All HUD programs: CDBG, HOME, ESG. County.ORG Hernando County Ms. Veda Ramirez, Health & Human Services Manager, (352) 540-4338 vramirezP,hernandocounty 2017-2019 CDBG-HR $750,000, layered with County SHIP funds of $50,000 Project provides housing rehab and or replacement of LMI & VLI occupied homes. The Guardian team is providing program management, housing rehab delivery services and financial layering expertise. The Guardian team provides applicant & construction mgmt., including intake, evaluation, contractor bidding, selection, performance Inspections and construction administration. .us Tammy Harris- Housing Services Director, 2804 W Marc Knighton Ct., Lecanto, FL 34461 (352) 527-7528 Tammy.HarrisP,citrusbocc 2015-2017 CDBG- HR/SHIP $800,000 Project provides housing rehab and or replacement of LMI & VLI occupied homes. The Guardian team is providing program management, housing rehab delivery services and financial layering expertise. The Guardian team provides applicant & construction mgmt., including intake, evaluation, contractor bidding, selection, performance Inspections and construction administration. .com Town of Lake Placid Phil Williams Town Administrator (863) 699-3747 Pwilliams.townoflakeplaci 2017-2018 CDBG-NR $750,000 New sewer mains in south quarter LMI community. d(a�gmail.com 253 Local Government Fund Year Type of Grants Funded Amount Scope Columbia County David Kraus Risk Manager (386) 623-6320 David_Kraus@columbiaco untyfla.com 2017-2019 CDBG NR $750,000.00 Project is for the installation of water lines to connect to the City water system and road pavement. Guardian will perform administration services, environmental review services, project oversight and financial management for the grant. Martin County Dawn Cobb Housing Program Coordinator (772) 228-5456 dcobb@martin.fl.us 2011-2014 2017-2019 HUD — NSP3 CDBG-HR $3,200,000 will be invested through NSP3 and partner layering. $750,000 The Guardian team members provided grant writing, planning, financial layering, and program management expertise; includes procedures, RFQs, training, ENVRR, reporting and compliance monitoring and needs assessments, bidding and inspections are included. Project provides housing rehab and or replacement of owner occupied homes. The Guardian team provided grant writing and is providing program management, housing rehab delivery services applicant & construction mgmt., including intake, evaluation, contractor bidding, selection, performance inspections and construction administration. Collier County Kristi Sonntag, Manager Community & Human Srv. 3339 Tamiami Trail E. # 211 Naples, FL 34112-5361 239-252-2273 (office) 239-252-6396 (fax) kristisonntag@colliergov.n et 2009-2017 (current contract extends thru March 2018, on as-need basis by task order) Tax Increment Financing (TIF), TIF, DRI, HOME, CDBG, ESG, NSP, and Local County Funds. (in progress, by Task Orders and projects) Over $2,000,000 annual Guardian is under contract to conduct ongoing Environmental Reviews for various other County projects, provide technical assistance and other grant policy/procedures manuals. Guardian was awarded additional work orders for: conducting program assessment & developing a policy/procedure manual of the DRI/DREF Program, Grant cross-cutting policy/procedures manual for federal grant requirements and environmental reviews of the County's capital projects. 254 Grant Types Managed 8 Housing Rehabilitation CDBG/SHIP/HOME • Disaster CDBG/HOME/SHIP ® Commercial Revitalization/Parks/Downtown Redevelopment ® FEMA/FDEM Public Assistance/Hazard Mitigation Neighborhood Stabilization, Housing Buy/Repair/Resale and Rent B Neighborhood Revitalization/Infrastrure $20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 - so FUNDING PER CLIENT n von! Emlik, D Citrus County ❑ City of Arcadia o City of Avon Park ❑ City of Deltona ■ City of LaBelle o City of Palm Coast 0 City of Riviera Beach 0 City of Sebring © Collier County 0 Columbia County ® Gateway Development District ® Hendry County O Hernando County ■ Highlands County o Hillsborough County © Indian River County o Martin County ■ Osceola County Spring Lake Improvement District ■ Town of Lake Placid 256 257 KEY TEAM MEMBERS, ROLES AND QUALIFICATIONS The Guardian team brings to your community extensive experience in the Planning and Program Administration of Federal and State funded grant and loan -funded programs. The Team we have selected in this proposal has the most extensive amount of CDBG experience and expertise, especially when it comes to representing the County and working with low to moderate income populations. When you engage the Guardian team, we commit to being on site with you as often as is required. We understand the importance of face to face time, and we take it very seriously. Key industry professionals own and manage the business as well as serve your projects directly. Christine Alday, President/CEO Will provide overall project financial tracking & review, oversight and controls for funding, & contract review. TA for audit readiness and responses. • Over 17 years of audit, accounting, and financial management experience • 13 years of grants consulting and program administration experience • 7 declared disasters • Neighborhood Stabilization Program expert Corbett Alday, Will be the lead • 25 years of grants consulting Vice contact, providing and program administration President/COO decades of experience experience in research, appl, implementation & • Creative leveraging expertise • Engineering background administration of • ENVRR Specialist federal and state • FEMA Grants Portal programs. • Utility Financing • 7 Disaster recovery events • Economic Development expert Don Ridley, Will provide technical • 40 years of construction Licensed Building assistance in relation oversight experience Inspector to all construction • 10 major disaster events Director of programs and • 100+ infrastructure jobs Construction monitoring/quality • 4,000+ housing units Administration control. • New water and wastewater systems 258 Antonio Jenkins, Project Manager/Housing Specialist Will provide project delivery services; including community meetings, technical assistance, work write up, construction oversight/inspection. • 10+ years of extensive operations/project experience • 2,000+ housing units • Well versed in building standards • Oversees CDBG/SHIP/NSP housing rehab/new construction projects Velvet Burris, Grant Administrator Maintains records, prepare orientation materials, review HR applications, performs intake & eligibility determination, project coordination, contract preparation, & conduct on-site file maintenance. • 7+ years of experience with state and federal grants; 4 declared disasters • 100% compliance record of client and administrative files/records • Eligibility determination • ENVRR Specialist • Davis Bacon Compliance • SHIP/CDBG case qualification specialist • Over 2,000 cases screened Jean Rags, Project Coordinator Will provide review of grant application and grant requirements, in addition to reporting requirements. Policies/procedures review and TA with compliance. • 15+ years of experience with state and federal grants • Former Assistant County Administrator, real estate professional, HHS Director • Implement/manage CDBG & NSP housing projects in local government Gayle Brett, Program Specialist Will provide grant research & prep, state government expertise & insight, review grant docs. Will provide TA on real estate transactions and closings. • 26+yrs working for FDEO & FDEP • Years of experience in buying, selling/managing real estate transactions for the State, counties, cities & private sector 259 Christine Alday, President and CEO Ms. Alday is the owner and President of Guardian Community Resource Management, Inc. She has been working with grants and loan -funded programs since 2005. Her prior experience was working for a private Fortune 500 company as an Accountant and Auditor. Christine has "hands on" financial management experience with federal, state, local and private funding sources. Christine Alday has extensive experience with funding -agency contracts and managing and tracking all manner of grants and loan -funded project dollars and is responsible for the overall financial management of each project. Versed in HUD and DEO online reporting, request for funds, and grant accounting standards. Education/Certificates Masters - Accountancy, Univ. of S. Florida BA, Accounting, Univ. of S. Florida Professional Assoc. President, West Central Florida Chapter, Grant Prof. Association Woman of the Year 2012- 2013 by National Assoc. of Prof. Women FI. League of Cities FI. Assoc. of Counties FI. Comm. Dev. Assoc. FI. Green Bldg. Coalition Amer. Women's Bus. Assoc. Lakeland Chapter Training NSP, CDBG, SHIP, HOME, USDA, HUD and FDEO Wrkshp/Webinars OIG fraud training CDBG Rule Hearings, Appl. & Imple. Wrkshops Florida in the Sunshine and Ethics Seminar CDBG Projects Hernando, Lake Placid, City Arcadia, Avon Park, Palm Coast, Citrus, Indian River, Martin County, Hendry County, Spring Lake Improvement District, Gateway District, City of Deltone Professional highlights and duties: Ms. Alday develops financial tracking for all grants and loan - funded federal and state projects and ensures accurate financial management. She has over seventeen (17) years of audit, accounting, and financial management experience, and over twelve (12) years of grants consulting and program administration experience. She is responsible for contract management, monitoring preparation and managing client relations. She is an expert in accounting, audit, and online reporting systems. She is an expert in NSP. She has worked on housing and infrastructure projects totaling more than $200,000,000 in funding from myriad sources. For our publicly funded projects, she: • Creates a duplicate project budget and reconciles it regularly with the local government and the funding agency. • Reviews budgets and financial plans for accuracy and appropriateness. • Coordinates with client auditors on financial questions related to the grants. • Conducts a review of all grant close-out packages and provides a balance of project budgets prior to closeout. • Reviews client procedures/policies as needed, including substantive tests of internal controls, & evaluate internal methodology. • Technical assistance with online reporting and audit preparation • Expert in dealing with special appropriation rules with the NSP program 260 Corbett Alday III, Vice President/COO Mr. Alday's career in public funded projects began over twenty-five (25) years ago with the Florida Small Cities Community Development Block Grant (CDBG) and many other state and Federal programs. He has experience with hundreds of infrastructure projects and disaster recovery for 7 declared events. He is the lead Project Administrator for all our projects. During his career, he has continued his work with Small Cities CDBG, adding work experience in a vast array of public funding sources. These include: Special Appropriation Disaster Recovery CDBG, Entitlement, HMGP, SHIP, USDA, SRF, FDEP, FDOT, OTTED, EDA, EPA, SWFMD, SRWMD, STAG, Historic Preservation, Section 108 CDBG, FRDAP, FEMA, HUD, SBA, HHRP, FHFC, NSP, and many others for one-half billion dollars in public projects. Education/ Certificates Bachelor's Degree in Engineering, FI. State Univ. AA in Drafting Technology Professional Assoc. Florida League of Cities Florida Assoc. of Counties Lake County League Cities Florida Comm. Development Association Florida Green Bldg. Coal. Grant Professionals Association Training NSP, CDBG, SHIP, HOME, USDA, HUD, FDEO Wrkshp & Webinar Green Bldg. Training Ser. HUD/ENVRR/RROF tr. Storm Water Utility Rate, Planning, Utility Develp. & Fin. Courses FEMA HMGP/FMGP TS CDBG Rule Hearings, Appl. & Impl Wkshops, CDBG Sect 108 Wkshop. Florida Sunshine/Ethics GIS for Comm. Dev Prof. CDBG Projects Town Lake Placid, Hendry County, Avon Park, Palm Coast, Labelle, Collier, Hernando, Citrus, Indian River, Martin County, Spring Lake Improvement District, Gateway, City of Deltona, City of Palmetto; others Professional highlights and duties: Mr. Alday is the leading expert in the State in the area of creative layering - the linking of multiple funding sources. For hundreds of projects, he has helped communities match sound technical solutions with the special restrictions of grant -loan programs. Mr. Alday has experience working in over fifty (50) communities in excess of twenty (20) different sources of funding totaling more than $500 million! He is an expert in Disaster Recovery, Economic Development, Affordable Housing and Community Redevelopment. Mr. Alday has extensive project management experience from grant writing to implementation to close out. He has successfully implemented HUD's Environmental Review Record (ENVRR) requirements on numerous projects. For our publicly funded projects, he: • Conducts grant -loan funding research and performs site investigations & preliminary scoring to determine community needs and grant funding feasibility. • Develops leveraging recommendations and preliminary applications activities. • Participates in and oversees bid and construction Management • Manages the environmental review processes consistent with NEPA requirements. • Technical assistance with planning and managing complex funding projects • Represents clients in public hearings, developer meetings, and audits. • Develops financial tracking for leverage. 261 Donald M. Ridley, Construction Manager Mr. Ridley brings over forty (40) years of construction and construction oversight experience to our team including ten (10) major disaster events. Mr. Ridley is experienced in FEMA and CDBG disaster recovery programs, including all forms, policies and procedures related to disaster events i.e. Public Assistance worksheets and HMGP. He is a licensed building official. He is a recognized construction professional in Florida with a wide range of relevant experience: site development, housing, utilities, water and sewer plants, power plants, earthwork, foundations, concrete, masonry, steel, welding, painting and roadway construction. Don provides technical assistance to all construction development projects including housing rehabilitation, multifamily construction, disaster recovery, and public works. Education/Certificates Business Education from Jones Business College State Licensed Standard Inspector, BN -0001431 Certified SBCCI Housing Reha bilitation Certified SBCCI Bldg. ACI, NICET, FI DBPR Lic ICC and BOCAI Inspector Professional Assoc. Florida League of Cities Florida Assoc. of Counties Lake County Lg. of Cities FL Comm. Develp. Assoc. Osceola Grants Res. Network International Code Council Training FDEO NSP TA Training HUD ENVRR & RROF Tr. US HUD Envrr. Review Proc. My Safe FI. Home Inspector FL Bldg. Code Advanced - Building Structural Summary Inter Codes 2: Occp & Loads FL Building Code Advd. Resid-Floors, Walls/Roofs FL Building Code Advd.-IEQ ADA Guidelines: Access. Rt. CDBG Projects Hernando, City Arcadia, Avon Park, Labelle, Palm Coast, Indian River, Osceola County, others Professional highlights and duties: Mr. Ridley is well versed in permit, political and grants regulatory issues and understands the special restrictions of public grant -loan funded projects. Mr. Ridley is highly experienced in construction plans review, time management and cost control. In addition, Mr. Ridley has worked with more than one- third of the Florida counties and municipalities as well as many leading engineering and construction firms. He has extensive experience with post -disaster redevelopment issues and has managed and inspected development projects for housing, streets, water and sewer works totaling over $300,000,000. For our publicly funded projects, he: • Conducts site inspections & investigations, field verification of quantities and adherence to project specifications. • Conducts on-site compliance monitoring, for regulations related to Davis Bacon, Section 3, Copeland "Anti - kickback" Act, W/MBE and others. • Participates in project development and implementation; oversight in bid and construction management, and review of environmental issues. • Technical assistance in project planning and inspections, as well as change orders and troubleshooting. • Expert in all levels and kinds of inspections for quality control. • Expert in Florida Building Code and other prevailing codes. 262 Antonio Jenkins, Project Manager Mr. Jenkins has over ten (10) years of extensive operations and project coordination experience and is well versed in the latest building standards and codes. Before that, he was a case worker in juvenile justice. He has worked as H.R.S. on thousands of housing units. Antonio manages the construction administration and resident project representation for our housing and land development programs, including CDBG, NSP, SHIP, HOME, and others. Mr. Jenkins has an extensive background in social and operations management which enables him to provide excellent client customer service and serves as an invaluable asset in the -field and when face-to-face time is required with clients. Education/Certificates Bachelor's Degree in Political Science, Valdosta State University Certified Inspector My Safe Florida Home Florida Green Home Designation Certification Professional Assoc. Florida League of Cities Florida Assoc. of Counties Lake County Lg. of Cities FL Comm. Develop. Assoc. Florida Green Bldg. Coalition Training NSP / CDBG / SHIP / HOME / USDA / HUD / FDEO Workshops and Webinars Lake & Volusia County 2011 Annual Green Symposium HUD Section 3 training Issues/Challenges of Owner Occupied Rehab FDEO NSP TA Training HUD ENVRR & RROF Tr. Green Building Tr. Series CDBG Rule Hearings, Appl / Impl. Wkshops U.S. HUD Envrr. Review Pro. My Safe FL Home Inspector CDBG Projects Town Lake Placid, City Arcadia, Avon Park, Palm Coast, Hendry County, Labelle, Citrus, Hernando, Indian River, Martin, Collier, Osceola County, others Professional highlights and duties: Mr. Jenkins' primary duties include project delivery services and construction oversight, including single family homeownership and multi -family homeownership & rental for NSP and for CDBG implementation, in addition to oversight of construction bidding, contractor vetting and program management. An expert in Davis -Bacon, URA, and all cross cutting requirements. He has worked on thousands of affordable housing units and 4 major hurricane disasters. Mr. Jenkins is currently overseeing the construction and / or rehabilitation of 150+ multi and single family housing units and the construction oversight of various other grant funded infrastructure projects. For our publicly funded projects, he: • Conducts orientation sessions for homeowners, contractors and vendors. • Conducts home inspections for eligibility. • Reviews/recommends changes to local HAP. • Conducts HUD Tier 2 Environmental Reviews. • Reviews mortgage & construction contracts for grant compliance. • Conducts monitoring of single/ multi -family rental construction. • Conducts & provides inspections, work -write-ups, bid documents, NTB, and NTP. • Represents client at public workshops & meetings. • Creates/tracks project constr. budget; reviews, monitors, approves construction and contractor pay authorizations. 263 Velvet Burris, Grant Administrator Ms. Burris is responsible for reviewing and managing the files of individual and household applicants: homeowners, homebuyers, renters, and anyone else applying for grant or loan funded financial assistance. Additionally, she is responsible for electronic file maintenance of all grant documents and client records and files. Vel reviews requests from vendors for reimbursement for compliance with applicable grant rules and regulations, agency reporting, contract drafting and assists with the environmental review process. She has worked with a variety of programs and their varied requirements for qualifying individuals and households, including CDBG, NSP, SHIP, HOME, and others for seven (7) years. Professional highlights and duties: Education/Certificates Associate's Degree in Human Services Professional Assoc. Florida Notary Florida Community Development Association Florida Green Bldg. Coalition Training NSP / CDBG / SHIP / HOME / USDA / HUD / and FDEO workshops/webinars NSP TA Training HUD ENVRR & RROF Training CDBG Rule Hearings, Application & Implementation Workshops U.S. HUD ENVRR Review Procedures SHIP Intake Training CDBG Projects Town Lake Placid, Arcadia, Avon Park, Palm Coast, Hendry County, Labelle, Citrus, Hernando, Indian River, Martin, Collier, Osceola County, Hillsborough County, City of Palmetto, Highlands, others Ms. Burris is responsible for the review of hundreds of individual and household applications for funding housing assistance, and surveys for LMI determination. She also works closely with our clients to determine applicant eligibility. She provides support and assistance to all team members on a daily basis, and manages all administrative needs to maintain an efficiently running office. She manages Guardian's secure server to ensure our records are meticulously maintained and in compliance with Florida Sunshine Laws for Public Records. She is an expert at HUD environmental reviews and case management, handling thousands of files. For our publicly funded projects, she: • Assists with tracking project statistics and applicant demographic information. • Vets vendors and contractors for eligibility to participate in grant and loan funded programs. • Reviews individual/household applications to determine eligibility. • Reviews requests for reimbursement / payment to vendors for grant eligibility. • Assists with all regular grant reporting, based on applicable grant requirements, including Fair Housing, Civil Rights, and MBE & Section 3 reports. • Reviews client grant administrative files on site to ensure those files are complete and audit -ready. • Develops HUD/NEPA environmental reviews. 264 Jean Rags, Project Coordinator Ms. Rags has over twenty-four (24) years of experience in public service. Ms. Rags successfully implemented and managed in excess of $15 million dollars through Community Development Block Grant (CDBG) projects for seven (7) Housing Rehabilitation and Economic Development projects and the application and implementation of County Neighborhood Stabilization (NSP1 and NSP3) Grant Programs from 1999-2012. Jean conducts grant research and funding resource analysis, drafts local policies and procedures for our clients to meet funder requirements, and reviews / edits contracts and grant related advertisements, memos and documents. Jean also provides marketing and proposal responses on behalf of Guardian. Education/Certificates Bachelor of Arts, Major in Human Services, Minor in Social Services, St. Leo College Associate of Arts, Pasco - Hernando State College NIMS Series ICS100B, ICS200B, ICS007A Certifications Professional Assoc. Florida Association of Counties Human Service Administrators (FACHSA) Past President Early Learning Coalition of Pasco & Hernando Counties, Inc. (Board Member) Notary Public, State of FL Training NSP3 HUD Workshop FDEO NSP1 TA Training FDEO e-CDBG training NSP Implemt. Workshop CDBG Rule Hearings, Application/ Implementation Workshops FDEO DRGR Webinar Tr. NSP Workshops/Webinars FHC Annual Statewide Affordable Housing Conference CDBG Projects Town Lake Placid, City Avon Park, Palm Coast, Indian River, Martin, Osceola, Collier County Professional highlights and duties: Prior to joining Guardian in 2012, Ms. Rags was the Director for Community Development in Hernando County, where she was responsible for the oversight and management of numerous County departments and CDBG programs with an overall budget of $15 million. For our publicly funded projects, she: • Reviews & edits all contracts, policies, amendments & grant documents, prior to submission. • Conducts needs analysis, grant research and prepares draft application writing. • Markets and develops proposals in response to open RFP, RFQ, and RFI's. • Provides attendance and representation as needed at client offices, public meetings. • Provides development and review of grant management policies and procedures. • Develops grant required documents, (e.g. Housing Assist. Plans, policies & procedures. • Reviews/edits drafts of required agency reports: MSR, MBE, Section 3, quarterly status reports & other grant related reports. • Assist in monthly client billing review, calculations and invoicing. 265 Gayle Brett, Program Specialist Ms. Brett has twenty-five ( 25+) years of experience with buying, selling and managing real estate both in the private sector and also for the State of Florida in various state and federal programs. Previously, she worked for Florida Department of Economic Opportunity (FDEO) in the Housing and Community Development Section with the NSP & CDBG programs and also in Florida Communities Trust (FCT), a land buying program that received $66 million per year to assist cities and counties in purchasing property, negotiating, contracting and closing as needed. Ms. Brett has six (6) years of employment in private sector real estate, and previously held both a Real Estate Sales Associate and Broker license. Ms. Brett is responsible for providing program administration for NSP1, NSP3, CDBG & SHIP programs in various Counties including Osceola, Martin, Flagler, Putnam, Hernando and others. o i f Education/ Certificates Davis Productivity Award as part of the team that implemented State of Florida's NSP 1 award Professional Assoc. Tallahassee Board of Realtors ® (former member) Natl. Assoc. of Realtors ® (former member) National Right of Way Assoc. (former member) Training SHIP Prog. Admin. Webinar HUD Prog Income & NSP Admin. Strategies HUD NSP Closeout Webinar Annual CDBG Tr. Workshop NSP 3 Appl/ Impl. Workshop HUD Tr. Web-NSP1 & 3 HUD Fair Housing Training National Right -of -Way Assoc: Leadership Skills for Real Property Prof Intro.to Prop. Mgmt., Real Prop. Asset Mgmt./Sury FI. Real Estate Assoc. & Broker Licensing (not lic.) FDEO e-CDBG Webinar HUD DRGR Stand Reports Webinar Conference CDBG Projects City Palm Coast; Indian River, Martin, Hendry, Osceola County Professional highlights and duties: Prior to joining Guardian in 2012, Ms. Brett worked with FDEO's Housing and Community Development department in the oversight and implementation of the state's NSP Program. She also worked with the FDEP; Division of State Lands, in the Conservation and Recreation Lands Program, Preservation 2000 and Florida Forever Programs. Ms. Brett's career has been built on good communication skills and bringing her real estate expertise into streamlining the state government land buying, selling and management practices. For our publicly funded projects, she: • Reviews and edits all real estate contracts, appraisals, title insurance commitments/policies, closing statements, documents and mortgages. Communicates with real estate agents, brokers, banks and appraisers to better assist our clients in maintaining grant compliance. Attends public meetings/hearings and conducts grant compliance monitoring. • Develops grant required documents. • Reviews/edits drafts of required agency reports: MSR, MBE, Section 3, quarterly status reports and other grant related reports. 266 267 PROFESSIONAL CLIENT REFERENCES ACTIVE Danicka Ransom Housing Manager (407) 742-8418 (407) 742-8431 FAX Osceola County 330 N Beaumont Ave Kissimmee, FL 34741 dran@osceola.orq & RECENTLY CLOSED PROJECTS Bill Schutt Senior Economic Development Planner (772) 226-1243 Indian River County BOCC 1801 27th Street Vero Beach, FL 32960 bschutt@ircgov.com Joe Barber Utilities Director (863) 699-3747 Town of Lake Placid 311 W. Interlake Blvd. Lake Placid, FL LPUtilities@mvlakeplacid.orq CDBG-NR and FEMA NSP1, NSP 3, CDBG- HR, SHIP Research, application, admin. for: CDBG-NR, and SHIP Joe DeCerbo District Manager (863) 655-1715 (863) 655-4430 FAX Spring Lake Improvement Dist. 115 Spring Lake Blvd. Sebring, FL 33876 jdecerbo@sorinolakefl.com Sabine Von Aulock Planning & Reporting, Principal Planner (813) 274-6649 Hillsborough County Affordable Housing Services Department 601 E. Kennedy Blvd., 24th Floor Tampa, FL 33602 vonaulocks@hcflgov.net Tammy Harris Housing Services Director, (352) 527-7528 Citrus County 2804 W Marc Knighton Ct., Lecanto, FL 34461 Tammv.Harris@citrusbocc.com CDBG-HR FDEP 319, SRF Funds, Legislative Appropriate Request CDBG, ESG, HOME environmental reviews Savitri Latchmansingh Interim City Manager (863) 452-4433 City of Avon Park 110 E Main St Avon Park, FL 33825 slatchmansinoh@avonpark.cc Dawn Cobb Housing Coordinator (772)-288-5497 Martin County 435 SE Flagler Ave. Stuart, FL 34996 dcobb@martin.fl.us Mary Jo Wilson Deputy City Clerk OR Michael Boyle, Superintendent Public Works (863) 675-2872 (863) 675-7271 FAX City of LaBelle- PO Box 458, LaBelle, FL 33975 marviowilson@citylabelle.com CDBG-CR, HR NSP1, NSP3, SHIP admin and project delivery (ongoing) michaelbovle@citvlabelle.com CDBG-NR, CDBG-ED,ARRA SRF Sabrina M. Gadson Housing and Social Services Manager (863) 675-5297 Hendry County 133 North Bridge St. LaBelle, FL 33935 sabrina.gadson@hendrvfla.net Veda Ramirez Health & Human Srv. Mgr, (352) 540-6791 Hernando County 20 N. Main Street, Rm.161 Brooksville, FL 34601 vramirez@hernandocountv.us Robert Diefendorf Jr. Engineering Depart. (863) 402-6548 Highland County 505 S. Commerce Avenue Sebring, Florida 33870-3869 Rdiefend@hcbcc.orq NSP1, NSP3, CDBG-NR CDBG-NR 268 SHIP Chris Shoemaker District Manager (239) 561-1313 Gateway Services Community Development District 13240 Griffin Dr. Fort Myers, FL 33913 Cheryl Miller Deputy Clerk of Finance (941) 723-4570 City of Palmetto 516 8th Ave. West Palmetto, FL 34220 cmiller@palmettofl.orq Kristi Sonntag Federal/State Grant Manager (239) 252-2486 Collier County 2335 Orange Blossom Dr. Naples, FL 34109 Kristi.Sonntag@colliercountvfl.caov Teju Adkisson Grants Accountant (386) 326-7669 Putnam County P.O. Box 758 Palatka, FL 32178 teivadkisson@putnam-fl.com Frances De Jesus Housing and Community Development Director (407) 518-2156 City of Kissimmee 101 Church St., Suite 301 Kissimmee, FL 34741 fdeiesus@kissimmee.orq Mike Willingham Airport Director (863) 655-6444 Sebring Airport Authority 128 Authority Lane Sebring, FL 33870 mike@sebrinq-airport.com 269 270 PROPOSED FEE AND SCOPE OF SERVICES CDBG GRANT WRITING AND ADMINISTRATION Grant preparation and application for all CDBG categories: Housing Rehabilitation*(12%) of total award Guardian proposes the following breakdown of Grant Administrative Services for CDBG Housing Rehabilitation (No Charge) $90,000 BUDGETED PORTION OF BLOCK GRANT AWARD FEE (12%) Based on an estimated grant amount of $750,000 $90,000 FDEO AGREEMENT ADMINISTRATION: • Representation during site visits • and monitoring visits • Oversight of project schedule and compliance • Coordination with other agencies and contracts • Develop and process amendments • Provide regular project status reports • Provide all other necessary technical assistance • Develop project information management & filing system • Develop work plan for project contract document • Oversight of citizen complaint process $22,000 PROJECT DELIVERY SERVICES: • Review of project contract document • Review bid documents for compliance • Conduct and attend preconstruction conference • Monitor contractor performance and compliance • Environmental review • Request wage decisions • Review contract documents $26,000 FINANCIAL ADMINISTRATION: • Develop project financial management system for receiving/disbursing funds • Supervision of payment authorizations • Maintain project account records • Monitor all project activity to ensure compliance • Develop budget for project contract • Budget tracking • Review change orders for compliance • Review amendments for compliance • $24,000 POST -PROJECT ACTIVITIES: • Review final change order and pay request • Gather all necessary supporting documents • Prepare documents for administrative/financial close out • Balance final project budget • Review final constr. doc • Final status report $18,000 271 Proposed Fee Schedule for Other Grant Administration Services for onaoina public grant, loan or other funding opportunities for FFY2017-2018: Standard Rates (for technical assistance, developer agreements, policy review, administration, housing rehab specialist, project delivery, contract management, planning, etc by the hour): Hourly Rates for Additional Services, When and If Applicable Christine Alday, Grant Contracts Manager, Principal $150/hour Corbett Alday Grant Projects Manager, Officer $140/hour Don Ridley Project Coordinator/Technical Support Specialist $125/hour Antonio Jenkins Project or Construction Manager $125/hour Velvet Burris Grants or Program Administrator $100/hour Jean Rags Grant Writer/Project Coordinator $100/hour Gayle Brett Grants or Program Specialist $100/hour Jen Contreras Grants Assistant $75/hour Typical Fees by Work Order (examples) Affordable Housing Finance Proposals $25,000 USDA Water/Waste Grant -Loan Applications $25,000 SRF Water or Waste Loan or Grant Pre -Application or App $15,000 EDA Infrastructure Grant Application $25,000 EPA STAG or SPAP Grant Application $15,000 Economic Development Transportation Grant Application $10,000 Rural Infrastructure Grant Application $10,000 FCT Land Acquisition Application $25,000 FRDAP Application $10,000 Legislative Water Project App/Support $7,000 FEMA Grants Portal Application $4,000/Project **Typically does not allow for administration fees; however there are other possible resources to pay Guardian which can be negotiated on a case by case basis. 'The most valuable assets we have are our references, not our contracts. Take care of our clients and the contracts and invoices will come.' - J. Corbett Alday, COO, VP 272 RFP 2019036 2017-18 CDBG Administration Services PROPOSAL PRICING — RFP 2019036 — Housing Rehabilitation Category CDBG Administration Services Proposer submits the following price for the work described in this solicitation: Description Cost* Total Project Budget $750,000 $ $90,000 *A proposed payment breakdown by task will be identified prior to contract award. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Guardian CRM, Inc. Na : of Firm Author ed Signature President & CEO Title 01/23/2019 Date Signed 15000 Citrus Country Dr. Suite 331 Address Dade City, FL 33523 City, State, Zip Code j 352 ) 437 _ 3902 Phone Christine.Alday@guardiancrm.com E-mail Page 16 of 20 273 274 RFP 2019036 2017=18 CDBG Administration Services SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2019036 for Housing Rehabilitation CDBG Category Administration Services 2. This sworn statement is submitted by: Guardian Community Resource Management, Inc. (Name of entity submitting Statement) whose business address is: 15000 Citrus Country Dr. Suite 331; Dade City, FL 33523 and its Federal Employer Identification Number (FEIN) is 13-4309252 3. My name is Christine M. Alday (Please print name of individual signing) and my relationship to the entity named above is President & CEO 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which 1 have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the Page 17 of 20 275 RFP 2019036.2017-18 CDBG Administration Services entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee STATE OF }'(1J'Y (t�LV COUNTY OF Pco Y� The foregoing instrument was acknowledged before me this J� day of 20 19 , by _ ()NON, Aidout , who is a sr onally known to me or who has produced NJA (Date) as identification. SIGN: PRINT Page 18 of 20 NOTAR PUBLIC Notary Public, State at large My Commission Expires: (Seal) e';, JENNIFERLCONTRERAS , MY COMMISSION # G0210913 ��`; EXPIRES: Apra 24, 2422 ,'% O bonded Tin Notary PIA * th derwt ters 276 RFP 2019036 2017-18 CDBG Administration Services CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your response) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, 1 hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has 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 it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent: Christine M. Alday A t 06A Title: President & CEO Date: 01/23/2019 Page 19 of 20 278 EXHIBIT C FEDERAL PROVISIONS 1. Equal Employment Opportunity During the performance of this Contract, CONSULTANT agrees as follows: a. CONSULTANT will not discriminate against any employee or applicant for employment because of age, race, sex, national origin, ethnic background, and handicap status. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the COUNTY setting forth the provisions of this non-discrimination clause. b. CONSULTANT will, in all solicitation or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to age, race, sex, national origin, ethnic background, and handicap status. c. CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Chapter 60). e. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the COUNTYand the Florida or United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of CONSULTANT's non-compliance with the equal opportunity clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part and CONSULTANT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. CONSULTANT will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONSULTANT will take such action with respect to any subcontract or purchase order as the local governing authority(s) representative may direct as a means of enforcing such provisions including sanction for non-compliance: Provided, however, that in the event 279 CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the COUNTY, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 2. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 3. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act. 4. "Section 3" Compliance in the Provision of Training, Employment, and Business Opportunities a. The work to be performed under this Contract is assisted by direct federal assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135), as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Contract will comply with the provisions of said Section 3 and regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. CONSULTANT will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants -for employment or training. d. CONSULTANT will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, CFR Part 135. CONSULTANT will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance 280 provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 5. Access and Retention to Records The COUNTY, the DCA, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. CONSULTANT shall retain all records relating to this Contract for five (5) years after the COUNTY makes final payment and all other pending matters are closed. 281 EXHIBIT D SECTION 3 AND AFFIRMATIVE ACTION PLAN 1. CONSULTANT will solicit and evaluate applications for employment in a manner that is non-discriminatory based upon age, race, sex, national origin, ethnic background, and handicap status. 2. When training and/or employment opportunity arises in connection with this project, CONSULTANT will, to the greatest extent feasible, provide maximum opportunity to lower income residents of the project. Employment opportunity will be locally advertised in a manner that will ensure that potentially eligible applicants are 1) made aware of the opportunity, and 2) provided a convenient way to apply for employment. 3. During this project, CONSULTANT will seek to purchase necessary goods and/or services from businesses that are located in, or owned by persons residing in the jurisdiction. 4. CONSULTANT will utilize the Florida lists of minority businesses in filling subcontracting and/or purchasing needs, where applicable. 5. CONSULTANT will include applicable equal opportunity provisions in subcontracts issued in connection with this project. 6. CONSULTANT shall publicize and post this policy in a conspicuous place available to employees and applicants for employment and training, where applicable. 7. CONSULTANT is under no contractual or other disability, which would prevent compliance with this policy. 282 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM qtr CONSENT TO: THROUGH: FROM: SU BJ ECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer William Johnson, P.E., Roadway Production Engineer Work Order No. 1, Atkins North America, Inc. 6th Avenue Resurfacing US -1 to 21st Street (IRC -1638) DATE: February 12, 2019 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Atkins North America, Inc. The purpose of Work Order No. 1 is to provide survey, design and permitting services to mill and resurface existing asphalt pavement, filling in sidewalk gaps and ADA upgrades to pedestrian curb ramps including crossings to FDOT standards along 6th Avenue from US -1 to 21' Street. Work Order No. 1 is for a total lump sum amount of $168,940.00. FUNDING Funding is budgeted and available in Secondary Roads/Account No. 10921441-053360-19008 /6th Avenue Resurfacing (US Highway 1 to 21St Street) in the amount of $168,940.00. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Atkins North America, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 1 on their behalf for a lump sum amount of $168,940.00. ATTACHMENT Work Order No. 1 Exhibit A Exhibit B Exhibit C DISTRIBUTION Atkins North America, Inc. AGENDA ITEM FOR MARCH 05, 2019 283 C:\Users\ legistar\AppData\Local\Temp \BCL Technologies\easyPDF 8\@BCL@700E5E9B\@BCL@700E5E9B doc WORK ORDER NUMBER 1 6th Avenue Resurfacing from US Highway 1 to 21St Street Project Number: IRC -1638 This Work Order Number 1 is entered into as of this day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins North America, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Services), attached to this Work Order No. 1 and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframes more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF ATKINS NORTH AMERICA, INC. INDIAN RIVER COUNTY By: Title: VP, Sr. Division Manager By: Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney EXHIBIT A (SCOPE OF SERVICES) Proposal to Provide Professional Engineering Services for IRC Project No. 1638 — 6th Avenue Resurfacing Project US -1 to 21st Street Vero Beach, Indian River County, Florida ATKINS Indian River County (County) is proposing to improve the safety and operation of 6th Avenue from Highway US -1 to 215' Street. Approximately 3,700 LF (0.7 miles) of the road (15th Place north to 2151 Street) are within the city limits of Vero Beach, FL. The proposed improvements consist of milling and resurfacing the existing asphalt pavement, filing in sidewalk gaps, and upgrading pedestrian crossings to current FDOT standards. Included in the scope of services are survey and geotechnical services for roadway cores. The total length of roadway within the project area is approximately 10,560 LF (2.0 miles). The following are noted from the 8/29/2018 coordination meeting with IRC staff and follow up site visit with IRC staff on 9/11/2018: • Limited available right of way is expected to be a factor. • No lane or shoulder widening is to occur. • The use of shared lanes may be considered by 'RC staff. • The limits of existing curbing are to remain unless needed for drainage. • The drop off near 12th Street may require drainage improvements to create an acceptable shoulder, however this is not a drainage project. Any drainage improvements are limited to what is required for the proposed sidewalk improvements. • Replace existing asphalt sidewalks with 6" concrete (with fibermesh). • Connect and fill in sidewalk gaps along the project area (east side e Avenue) from US -1 to 2151 Street. • Replace damaged sidewalk panels and panels where vertical joint deflection exceeds ADA tolerances. • Upgrade pedestrian crossings at intersections to the current Indian River County PW/FDOT/ADA standards. • Maintain brick and concrete pedway crossings, but stamped asphalt pedway crossings are to be removed (during pavement milling) and replaced with stamped asphalt. • Include cross slope correction in typical section. • All traffic signals will remain span wire, no upgrades to mast arms. • Upgrade existing in -ground signal detection loops to video detection at two traffic signals (8''' Street and 12'1' Street). • Provide an ITS fiber conduit for future use. • Include cost estimate in the scope of services, with breakdown for inside/outside city limits. At the request of the County, ATKINS (Consultant) has prepared a scope of services for providing engineering design and construction documents for the proposed roadway improvements as follows: Page 1 of 10 February 14, 2019 285 ATKINS SECTION 1 SCOPE OF SERVICES TASK 1: SURVEY Prepare a road route survey, including right-of-way and topographic survey, of 6th Avenue from and including the intersection of US -1 to and including the intersection with 21st Street (10,400± feet). The survey observations shall include the following: I. Establish right-of-way and vertical control for topographic collection along 6th Avenue within the project limits. Topographic information to include crown of the road and well-defined edges of pavement, shoulders, side slopes and ditch information every 100 feet. Existing improvements will include pavement, walks, trees, storm structures, visible utilities, including inverts and rim elevations, curb and gutters, sidewalks, utilities, pull boxes, drainage and street signs, power pole. mast arms, existing driveways and other above ground (visible) features within the project limits. 2. Prepare a detailed plan view drawing of recovered and recorded information under the guidelines and requirements set forth by Indian River County. 3. The survey base line will be monumented with offset control points to avoid being disturbed during construction. 4. Survey will be referenced to the North American Datum of 1983, Adjustment of 201 1, Florida East State Plane Coordinate System (Zone 901) and displayed in US Survey Feet. 5. Extend topographic survey approximately 10 feet beyond the existing right of way of 6th Avenue at approximately 30 intersecting road right of ways (750± feet). 6. Extend topographic survey east of the east right of way of 6th Avenue for approximately 4000 feet (width varies) per aerial exhibits (Sheets 1-3). All surveys shall meet minimum technical standards adopted by the Florida Board of Professional Surveyors and Mappers as set forth in Chapter 5J-17 F.A.C. Exclusions: Title Reports and Review thereof, Control Survey or Right of Way Maps, easements or right of way parcel sketch and descriptions are not included in this scope of work. TASK 2: PAVEMENT CORES Atkins will utilize the services of a geotechnical testing firm to provide 6 pavement cores within the limits of asphalt pavement. The locations of the cores will be based on an aerial photograph provided to the geotechnical firm based on coordination with the County. The cores will be obtained using portable electric core drill equipped with a 4 -inch diameter diamond tipped core barrel. Cores will be removed and measured for asphalt and base thickness. A 3 -inch diameter hand held bucket auger will then be used to perform shallow hand auger borings to a maximum depth of 3 feet below top of pavement to obtain samples of the subgrade for classification. Bore holes will be backfilled with the soil cuttings and pavement core holes will be patched with cold -patch asphaltic concrete upon completion. The following findings will be provided for each pavement core: Approximate core location, approximate asphalt and base thickness, apparent base type, and subgrade soil classification. LBR and gradation testing will not be performed. Page 2 of 10 February 14, 2019 286 ATKINS TASK 3: EXISTING CONDITIONS REVIEW Atkins will review the existing survey of the roadway area provided by the County and will make a site visit to review the project area. A list of existing conditions and the survey with field markups will be provided to the County. This task also includes meeting with County Staffto review the project and discuss areas of particular concern. TASK 4: ROADWAY PLANS 1. Based on review of the information obtained in Tasks 1, 2 and 3, the Consultant will prepare design and construction documents for the proposed improvements. The construction documents will be prepared in 11x17 inch format and will include the following drawing sheets: • Key Sheet, • Summary of Pay Items, • Typical Section & Cross Slope Correction Details, • Project Layout and Control, • General Notes, • Roadway Plan, • Cross Sections (at points of interest, up to 15 Cross Sections), • Stormwater Pollution Prevention Plan, • Signing and Pavement Markings, • Signalization Plans (Task 5). Any storm sewer improvements, utility adjustments, clearing and grubbing areas will be shown on the plan sheets. Side walk grade spot elevations will also be shown on the plan sheets in lieu of sidewalk profiles. Pavement markings will be based on existing aerial photograph. Applicable FDOT standard index sheets, including Index 600 Traffic Control Details will be provided as a separate attachment to the plan set. Plans will be submitted to the County for review at the 60%, 90% and 100% design stages. Final 100% Construction Documents signed and sealed will be submitted to the County for record. 2. Prepare three (3) estimates of probable construction costs based on 60%, 90% and 100% Construction Documents. Asphalt quantities computed for cross slope correction will be based on evaluation of roadway section elevations via spreadsheet (a 3-D corridor will not be generated). The area of any easements or right of way required for construction of the proposed improvements will be shown on the roadway plan sheets but no dollar value will be assigned. 3. Provide technical specifications for the project. The technical specifications will be based on an approved current edition provided by the County. Specifications shall be submitted to the County for review with the 90% and 100% design submittal. Page 3 of 10 February 14, 2019 287 ATKINS TASK 5: SIGNAL UPGRADE PLANS The following traffic signal upgrades are proposed by the County: I 8th Street and 12t'' Street intersections: Upgrade existing in -ground signal detection loops to new video detection per Indian River County requirements. 2. 6"' Avenue from US -1 to 21S1 Street: Provide conduit for future ITS system. This information will be shown on the roadway plan sheets. Assumes conduit will stop at the south end of 6'h Ave and the intersection at 21" Street. The Consultant will develop signal design plans prepared in accordance with the County standards and preferences, the Florida Department of Transportation (FDOT) standards and the Manual on Uniform Traffic Control Devices (MUTCD). Locations of signal equipment and power source will be coordinated with FPL. The signal design plans will be prepared in 11 -inch x 17 -inch format and will include the following sheets: • Tabulation of Quantities Sheet, • General Notes Sheet, • Signalization Plan Sheets, • Detail Sheets. The plans will be submitted to the County at the 60%, 90% and I 00% stages for review and comment. Review comments received from the County will be incorporated into the plans and written responses to the comments will be provided. Final 100% Construction Documents, signed and sealed will be submitted to the County for record. TASK 6: PERMITTING AND UTILITY NOTIFICATION The Consultant will prepare and submit permit applications with accompanying Construction Documents for agency review, coordinating each submittal with the Client as necessary. The following permitting activities are anticipated: 1. Indian River County Public Works staff review: The Consultant will prepare and submit to County Public Works submittal packages with accompanying Construction Documents (plans and specifications), and the Engineers Estimate of Probable Construction Cost in support of obtaining Public Works Approval for the proposed improvements. The submittals will occur at the 60%, 90% and 100% design stages. Comments from County staff will be incorporated into the plans and the Consultant will provide a written response to each comment. This task includes one meeting with the County to review comments. 2. City of Vero Beach Right of Way Permit: The Consultant will prepare and submit to the City of Vero Beach in support of obtaining a Right of Way Permit for the proposed project improvements located within the City. The initial submittal will occur at the 90% design stage. Comments from city staff on the 90% submittal will be incorporated into the 100% plans and the Consultant will provide a written response to each comment. It is assumed that the 100% submittal will be approved by the city. Page 4 of 10 February 14, 2019 288 ATKINS St. Johns River Water Management District (SJRWMD) Permit Exemption Request: The Consultant shall prepare and submit a request for permit exemption for the proposed improvements. It is assumed that this project will qualify for an exemption under F.A.C. Chapter 62- 330.05 Exempt Activities (c) Minor roadway safety construction, alteration, or maintenance and operation. 3. Florida Department of Transportation (FDOT) General Use Permit: The Consultant shall prepare and submit a General Use Permit application to FDOT for the proposed improvements within FDOT Right of Way. The submittals will occur at the 90% and 100% design stage. Comments from FDOT staff on the 90% submittal will be incorporated into the 100% plans and the Consultant will provide a written response to each comment. It is assumed that the 100% submittal will be approved by FDOT. 4. Utility Notification and Coordination: The Consultant will coordinate with local utility providers including FP&L, AT&T, Bright House Networks, NUI City Gas Company, County and Town Utility department to obtain available information regarding existing utilities within the proposed project limits. The Consultant will provide a Notice to Utility Owner Providers of the proposed improvements. Upon request by the County a record of email delivery confirmation to each utility provider will be provided to the County. The Consultant will provide a copy of each submittal (60%, 90% and 100%) to the utility providers identified by Sunshine State One Call of Florida with a request for plan markups from the utility. The Consultant will also attend a Utility Coordination Meeting at the County following the 60% and 90% submittal (2 total) during the design phase to review utility conflicts that have been identified by the utility provider or determined during the design phase. It is anticipated that only minor utility and hydrant adjustments will be required, and those adjustments will be shown on the plans. Utility design, utility adjustment plans and utility main relocation is not included in this scope of work. TASK 7: BID PHASE SERVICES Following approval of the Final Construction Documents the Consultant will prepare bid documents to the County consisting of the approved construction drawings and the project technical specifications issued for bid. The Consultant will also edit Division 0 and 1 specifications provided by the County in MS Word format to insert project specific information in these sections, including the bid schedule. It is assumed that only minor project specific information editing of Division 0 and 1 specifications will be required. The Consultant will also: 1. Attend a pre-bid meeting. 2. Prepare answers to questions submitted by potential bidders to the County (7 calendar day review period). Estimated level of effort is based on providing one combined response of all questions submitted to and compiled by the County. 3. Assist the County with preparing bid addendums for technical items (one bid addenda is assumed). 4. Review and make recommendations to County regarding acceptance of the low bid contractor's Schedule of Values. Following bid submittal, the Consultant will review the submitted bids and provide a recommendation for award to the County. Page 5 of 10 February 14, 2019 289 ATKINS SECTION 2 ASSUMPTIONS AND EXCLUSIONS 1. Application fees, impact fees and any other fees required by regulatory agencies are considered a direct expense to the County. 2. The following assumptions apply to this scope of services: • The County has supplied legal descriptions of parcels fronting the Right of Way via 9/25/2018 email with FTP site link. • The proposed facilities will not require relocation of major utility facilities, including power, comrnunications, water, sewer and gas. Design and permitting of major utility relocation is assumed to be by the utility provider and is not included in this proposal. • It is assumed pavement resurfacing will be based on standard County pavement section, detailed pavement design is not included in this scope of services. • Any lane sharing will be accomplished by pavement marking "Sharrows", lane narrowing and adding additional lanes, including bike lanes or lanes adjacent to the travel lane is not included in this proposal. • Drainage, grading, and utility adjustment information will be shown on the roadway plan sheets. • ITS conduit information will be shown on the roadway plan set. • The Contractor will be responsible for preparation and submittal of a Maintenance of Traffic (MOT) Plan to the County for approval prior to construction. No MOT details will be included in the Construction Plans. • The Contractor will be responsible for preparation and submittal of the FDEP NOI for the project prior to construction and N.O.T. upon completion of construction. • It is assumed that no changes or upgrades to existing pedestrian crossing signals are required and that structural analysis of existing strain poles is not required. • It is assumed the County will schedule the Utility Coordination Meetings. • FDOT General Use Permitting assumes one submittal and one response to comments. Additional submittals are not included in this scope of work. • The Contractor shall provide an as -built survey, prepared by a land surveyor registered in the State of Florida, to the County and Atkins. • Task 7 Bid Phase services is assumed to last approximately two months from submittal of Issue for Bid documents to the County. 3. Design and permitting of any offsite improvements, are not included in this proposal. Page 6 of 10 February 14, 2019 290 ATKINS 4. FDOT standard structures will be specified for all proposed drainage structures. The structural design of special structures that may be required to address special design conditions or conflicts is not included in this scope. 5. The following items are not included in this scope of work: • Traffic Signal Warrant, Traffic Planning, Traffic Studies and ITS design. • Additional Geotechnical Investigations not specified in Task 2 of this scope of services, • Subsurface Utility Engineering (SUE), including soft digs and utility locates. • Profile Drawings of the proposed improvements. • Stormwater management system design and permitting. • Additional City of Vero Beach, SJRWMD and FDOT permitting not specified in Task 6 of this scope of services • ACOE and FEMA and FDEP permitting is considered an additional service. • Utility design, utility adjustment plans and utility main relocation (except for minor utility service or hydrant adjustments). • Easements and land acquisition support services. • Division 0 and I Specification preparation (except as specified in the scope) and legal review. • Maintenance of Traffic (MOT) Plans and MOT Details. • Evaluation of Contractors Means and Methods or alternative designs for components proposed by Contractor. • Construction phase services, including pre -construction meeting, review of shop drawings, responses to requests for information (RFI's), review of change orders, pay application reviews, site inspections, as -built survey review, certification of completion and record drawings. Page 7 of 10 February 14, 2019 291 EXHIBIT B (FEE SCHEDULE) SECTION 4 COMPENSATION ATKINS The proposed scope of services will be provided on a lump sum basis administered pursuant to the provisions of our master contract dated April 17, 2018 and invoiced monthly based on the percentage of completion of the overall project. Task 1: Survey $ 33,400 Task 2: Pavement Cores $ $4,300 Task 3: Existing Conditions Review $ 8,690 Task 4: Roadway Plans $ 75,300 Task 5: Signalization Plans $ 14,070 Task 6: Permitting and Utility Notification $ 20,460 Task 7: Bid Phase Services $ 12,720 Page 10 of 10 TOTAL $ 168,940 February 14, 2019 292 EXHIBIT C, (TIME SCHEDULE) SECTION 3 SCHEDULE & DELIVERABLES The following schedule is anticipated for Tasks 1 through 6: A. Fifty-six calendar days from NTP: • Task 1 — Survey, • Task 2 — Pavement Cores, • Task 6 — Notice to Utility Providers. B. Twenty-one calendar days from completion of survey and pavement cores: • Task 3 - Existing conditions review and list, meeting with IRC Staff. C. Fifty-six calendar days from completion of Task 3 Existing Conditions Review: • Task 4 - Roadway Plans — 60% design completion, • Task 5 - Signalization Plans — 60% design completion, • Task 6 - Submittal of 60% Design Documents to County, • Task 6 - Submittal of SJRWMD Permit Exemption Request. ATKINS D. Twenty-one calendar days from submittal of 60% Phase II Design Documents to County: Review comments by County. E. Twenty-eight calendar days from receipt of County comments: • Task 4 - Roadway Plans — 90% design completion, • Task 5 - Signalization Plans — 90% design completion, • Task 6 - Submittal of 90% Construction Documents to County and FDOT. F. Twenty-one calendar days from submittal of 90% Construction Documents to County: • Final review comments by County. • Review comments from FDOT. G. Twenty-one calendar days from receipt of County and FDOT comments: • Task 4 - Roadway Plans — 100% Final Construction Documents, • Task 5 - Signalization Plans — 100% Final Construction Documents, • Task 6 - Submittal of Phase 100% Construction Documents to County and FDOT. Page 8of10 February 14, 2019 293 ATKINS The following deliverables will be provided to the County: A. Task 1 - Survey, B. Task 2 - Pavement core results, C. Task 4 — 60, 90 and 100% Roadway and Traffic Signal Plans (1 hardcopy and I pdf), D. Task 4 — 60, 90 and 100% Cost Estimate (1 hardcopy and 1 pdf), E. Task 4 — 90 and 100% Specifications (pdf), F. Task 6 — Notice to Utility Providers (pdf copy), G. Task 6 — SJRWMD permit exemption determination (pdf copy), H. Task 4 — Final 100% Construction Documents (Roadway & Signalization Plans, Cost Estimate, Specifications, Signed and Sealed), (I hardcopy and 1 pdf), 1. Task 6 - Written responses to County and FDOT comments (1 pdf), J. Task 7 - Issue for Bid Documents (Roadway Plans and Traffic Signal Plans, Cost Estimate Specifications, Signed and Sealed (1 hardcopy and 1 pdf). Page 9 of 10 February 14, 2019 294 CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator Work Order No. 2018006-5, Aptim Environmental & Infrastructure, Inc. Sector 3 Beach and Dune Renourishment — Construction Easements DATE: February 19,2019 DESCRIPTION AND CONDITIONS On January 9, 2018, the Board approved a contract with Aptim Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and renourishment of the Sector 3 (Wabasso Beach) beach project area. The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County is required to obtain executed construction easements from each potentially affected property owner within the project limits. In 2010, property owners signed a temporary construction easement (TCE) allowing the County to place sand fill on private property as surveyed under the ECL during the Initial Sector 3 Beach and Dune Nourishment project and subsequent Dune restoration project in 2015. However, the language in this document is considered outdated and a new Construction Easement will need to be obtained to allow for sand fill on private property during the Sector 3 Beach Renourishment project. The County has been issued two Project Worksheets (PW) by FEMA for Sector 3 beach re - nourishment. The Hurricane Matthew PW #605 and the Hurricane Irma PW #3021 are under FEMA/Environmental Planning & Historic Preservation Review (EHP). This FEMA funding will aid the County is recovering associated storm losses within the project area. The proposed Work Order No. 2018006-5 includes one (1) task related to pre -construction permit requirements. Specifically, Work Order No. 2018006-5 addresses the consultant, APTIM, compiling, disseminating and obtaining signed Construction Easement Packages. All work will be completed at a fixed rate, cost not to exceed $21,741.00. 295 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@800E5911\@BCL@800E5911.docx Page 2 BCC Agenda Item Sector 3 Construction Easements February 19,2019 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the pre -construction monitoring in the amount of $21,741.00 is budgeted and available for the Sector 3 Beach Restoration Project in the Beach Restoration Fund, Hurricane Matthew Account - Sector 3, No. 12814472-066514- 17001. With the issuance of FEMA Project Worksheets (No.00605 — Hurricane Matthew, No.3021 — Hurricane Irma), project related design, permitting, and construction expenses are eligible for up to 87.5% in Federal and State cost share. FEMA funds are currently in que to be obligated. Additionally, the County entered into grant Agreement No. 17IR2 with Florida Department of Environmental Protection on February 26, 2018, amended by the State on June 22, 2018, which committed up to $893,102.60 at a 50% cost share ratio for the Sector 3 project area damaged by Hurricane Matthew (2016) and Irma (2017). RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018006-5 to the contract with Aptim Environmental & Infrastructure, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Aptim Environmental & Infrastructure, Inc. Work Order No. 2018006-5 APPROVED AGENDA ITEM FOR: MARCH 5,2019 296 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@800E5911\@BCL@800E5911.docx WORK ORDER NUMBER 2018006-5 SECTOR 3 (WABASSO BEACH) BEACH AND DUNE RESTORATION PROJECT 2019 CONSTRUCTION EASEMENTS This Work Order Number 2018006-5 is entered into as of this day of , 2019 pursuant to that certain Contract Agreementrelating to Engineering and Biological support services for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project entered into as January 9, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth In the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC OF INDIAN RIVER COUNTY By: Thomas P. Pierro, P.E., D.CE Title: Director of Operations Date: At 0 0 f -O i `'1 By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: By: (Seal) Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: ' William K. DeBraal, Deputy County Attorney 297 A APTIM February 20, 2019 Exhibit 1 Ms. Kendra Cope Coastal Environmental Specialist/Sea Turtle Coordinator Indian River County Public Works 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #5 Construction Easement Services Dear Kendra: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc., n/k/a Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of continued development of the Sector 3 Beach and Dune Restoration Project. The scope of work described herein is to support the County in continuing to develop the Sector 3 project by obtaining construction easements from property owners within the project limits. This proposal is intended to follow WO#2 — Design and Permitting Services for the Sector 3 project. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services in support of the Sector 3 Beach and Dune Restoration Project (RFQ#2018006). Task 1: Construction Easements The County is required to obtain executed construction easements from each potentially affected property owner within the project limits prior to commencement of construction. The Consolidated Notice of Intent (NOI) to Issue Joint Coastal Permit and Authorization to Use Sovereign Submerged Lands that will be issued by the FDEP will also include a requirement to obtain said easements. The NOI typically states that "there may be areas where the construction activity may affect upland properties, in such instances, construction easements from the affected upland property owners will be obtained prior to any work being done on their property." Task 1: Scope of Work APTIM will coordinate with the County to notify potentially affected property owners within the project limits of the construction easement requirement. APTIM will prepare a cover letter describing the project and the need for the executed easement, and mail the letter to each potentially affected property owner. APTIM will utilize the County -provided owner list to develop a mailing list, and update the list where applicable. APTIM will include the easement instrument (provided by the County) and the easement legal description (provided by the County's surveyor) in the notification package. Based on prior discussion with the County, APTIM will utilize the following approach to obtain the executed construction easements: IRC Sector 3 — 2018006 — WO#5: Construction Easements & Bidding Support Services Proj. #1715002914 298 APTIM February 20, 2019 Page 2 of 4 1. Mail initial notification package to potentially affected property owners. Develop list of non-responsive property owners. 2. Mail follow-up notification package to non-responsive property owners. Update list of non-responsive property owners. 3. APTIM to conduct door-to-door visits to updated list of non-responsive property owners. Update list of non-responsive property owners. 4. County to conduct door-to-door visits to remaining non-responsive property owners. Task 1: Deliverable APTIM will provide the County with a draft of the notification package for review and comment. Once finalized, we will submit the notification package to each potentially affected property owner by US Mail. APTIM will provide the updated list of non-responsive property owners to the County after each step in the process. Task 1: Schedule APTIM will mail the initial notification package within 2 weeks of the County providing the easement instrument and legal description for each potentially affected property. APTIM will mail the follow-up notification package approximately 1 month after the initial notification package is mailed. APTIM will conduct door-to-door visits approximately 1 month after the follow-up notification package is mailed. APTIM will provide the final list of non- responsive property owners within 1 week of completion of the door-to-door visits, approximately 3 months after the County provides the aforementioned items. We will inform the County if we are unable to meet this schedule. Task 1: Cost The lump sum cost, for this task is $21,741.00. The cost includes expenses to send two (2) certified mail notifications of the construction easement to all potentially affected property owners. This assumes an estimated 300 notifications sent via certified mail as a cost of $6.00 each, for a total of $1,800. An additional 20% is added for uncertainty of mailing cost and number of notifications to be send. This also assumes 50% of the easement instruments will be signed and returned as part of the initial and follow-up notification packages. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #5 is $21,741.00. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). it is noted that some aspects of this Work Order are dependent upon public response and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as a guideline. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner as possible. We will coordinate with the County if deviations from the scope, schedule or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. IRC Sector 3 — 2018006 — WO#5: Construction Easements Proj. #1715002914 299 ,`APTIM Sincerely, /1/\25" -- Jordon Cheifet, PE, CFM Senior Project Engineer Aptim Environmental & Infrastructure, LLC cc: Thomas Pierro, P.E., D.CE, APTIM Stacy Buck, APTIM February 20, 2019 Page 3 of 4 IRC Sector 3 — 2018006 — WO#5: Construction Easements Proj. #1715002914 300 EXHIBIT 2 Indian River County, FL Sector 3 - 2018006 - Work Order #5 Construction Easements & Bidding Support Summary of Cost by Task Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Travel Totals Task 1 Construction Easements $ 18,832.00 $ - $ - $ - $ 2,160.00 $ 749.00 $ 21,741.00 Totals = $ 18,832.00 $ - $ - $ - $ 2,160.00 $ 749.00 $ 21,741.00 Submitted By. Jordon Cheifet Submntod to: Indian River County, FL Submission Date: 02/20/19 Indian River County, FL Sector 3 - 2018006 - Work Order #5 Construction Easements & Bidding Support Summary of Labor Hours and Cost Labor Title Labor Bill Rate Construction Easements Totals Task 1 Labor Hours Cost Labor Hours Cost Principal Engineer/Sr Proj Mngr $ 250.00 4 $ 1,000.00 4 $ 1,000.00 Sr Coastal Engineer/Proj Mngr $ 165.00 48 $ 7,920.00 48 $ 7,920.00 Coastal Engineer I $ 105.00 60 $ 6,300.00 60 $ 6,300.00 Senior Marine Biologist $ 135.00 $ - - $ - Professional Geologist $ 150.00 $ - - $ - Senior CAD Operator $ 140.00 $ - - $ - CAD Operator $ 105.00 $ - - $ - GIS Operator $ 105.00 6 $ 630.00 6 $ 630.00 Bookkeeper $ 80.00 $ - - $ - Clerical $ 71.00 42 $ 2,982.00 42 $ 2,982.00 Other ODCs - - $ 2,160.00 $ 2,160.00 Mobilization/Travel - - $ 749.00 - $ 749.00 TOTAL - 160 $ 21,741.00 160 $ 21,741.00 Submitted By: Submitted To: Submission Date: Jordon Cheifet Indian River County, FL 02/20/19 IRC Sector 3 — 2018006 — W0#5: Construction Easements Proj. #1715002914 301 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator Work Order No. 2018029-3 APTIM Environmental & Infrastructure, Inc Sector 5 Beach and Dune Restoration Project — Construction Easements February 19, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, Inc. (Aptim) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3 mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums. The Sector 5 project area sustained damage from Hurricane Matthew (2016) and Hurricane Irma (2017) and is in need of a large-scale beach and dune nourishment project to maintain protection to upland properties and infrastructure. The County is required to obtain executed construction easements from each potentially affected property owner within the project limits. The background/basis of issuance section of the Notice of Intent states that "there may be areas where the construction activity may affect upland properties, in such instances, construction easements from the affected upland property owners will be obtained prior to any work being done on their property." The County has been issued two Project Worksheets (PW) by FEMA for Sector 5 beach re - nourishment. The Hurricane Matthew PW #808 has been obligated and the Hurricane Irma PW #3025 is under FEMA/Environmental Planning & Historic Preservation Review (EHP). This FEMA funding will aid the County is recovering associated storm losses within the project area. The proposed Work Order No. 2018029-3 includes one (1) task related to pre -construction permit requirements. Specifically, Work Order No. 2018029-3 addresses the consultant, APTIM, compiling, disseminating and obtaining signed Construction Easement Packages. All work will be completed at a fixed rate cost not to exceed $17,904.00. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D80D93FE\@BCL@D80D93FE.docx 302 Page 2 BCC Agenda Item — March 5, 2019 Sector 5 Construction Easements February 19, 2019 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for $17,904.00 is budgeted and available for the Sector 5 Beach Restoration Project in the Beach Restoration Fund, Hurricane Matthew Account - Sector 5, No. 12814472-066510-17001. With the issuance of FEMA Project Worksheets (No.00808 — Hurricane Matthew, No.3025 — Hurricane Irma), project related design, permitting, and construction expenses are eligible for up to 87.5% in Federal and State cost share. Additionally, although a Florida Department of Environmental Protection grant funding has not been appropriated for the Sector 5 Beach and Dune Restoration Project to date, Work Order No. 2018029-2 is eligible for 46.65% cost share reimbursement if State funds become available. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 2018029-3 to the contract with APTIM Environmental & Infrastructure, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT APTIM Work Order No. 2018029-3 APPROVED AGENDA ITEM FOR: MARCH 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D80D93FE\@BCL@D80D93FE.docx 303 WORK ORDER NUMBER 2018029-3 SECTOR 5 (CITY OF BEACH) BEACH AND DUNE RESTORATION PROJECT 2019 CONSTRUCTION EASEMENTS This Work Order Number 2018029-3 is entered into as of this day of , 2019 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC OF INDIAN RIVER COUNTY By: :)71/1/ By: Thomas P. Pierro, P.E., D.CE Bob Solari, Chairman Title: Director of Operations Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: a/aO/aGlq By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 304 Exhibit 1 A APTIM February 15, 2019 Ms. Kendra Cope Coastal Environmental Specialist/Sea Turtle Coordinator Indian River County Public Works 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #3 Construction Easement Services Dear Kendra: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com This proposal outlines a scope of work for Aptim Environmental & Infrastructure, Inc., n/k/a Aptim Environmental & Infrastructure, LLC (APTIM), to provide professional services to Indian River County (the County) in support of continued development of the Sector 5 Beach and Dune Restoration Project. The scope of work described herein is to support the County in continuing to develop the Sector 5 project by obtaining construction easements from property owners within the project limits. This proposal is intended to follow WO#1 — Pre -Construction Services for the Sector 5 project. The tasks to perform this work are listed below and described on the following pages. A breakdown of the hours and expenses to develop the cost is attached. The scope and fee was developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Task 1: Construction Easements The County is required to obtain executed construction easements from each potentially affected property owner within the project limits. The draft Consolidated Notice of Intent (NOI) to Issue Joint Coastal Permit and Authorization to Use Sovereign Submerged Lands issued by the FDEP on December 27, 2018 includes a requirement to obtain said easements for the Sector 5 Beach and Dune Restoration Project. The background/basis of issuance section of the NOI states that "there may be areas where the construction activity may affect upland properties, in such instances, construction easements from the affected upland property owners will be obtained prior to any work being done on their property." Task 1: Scope of Work APTIM will coordinate with the County to notify potentially affected property owners within the project limits of the construction easement requirement. APTIM will prepare a cover letter describing the project and the need for the executed easement, and mail the letter to each potentially affected property owner. APTIM will utilize the County -provided owner list to develop a mailing list, and update the list where applicable. APTIM will include the easement instrument (provided by the County) and the easement legal description (provided by the County's surveyor) in the notification package. Based on prior discussion with the County, APTIM will utilize the following strategy to obtain the executed construction easements: IRC Sector 5 — 2018029 — WO#3: Construction Easements Proj. #1714002913 305 A APTIM February 15, 2019 Page 2 of 4 1. Mail initial notification package to potentially affected property owners. Develop list of non-responsive property owners. 2. Mail follow-up notification package to non-responsive property owners. Update list of non-responsive property owners. 3. APTIM to conduct door-to-door visits to updated list of non-responsive property owners. Update list of non-responsive property owners. 4. County to conduct door-to-door visits to remaining non-responsive property owners. Task 1: Deliverable APTIM will provide the County with a draft of the notification package for review and comment. Once finalized, we will submit the notification package to each potentially affected property owner by US Mail. APTIM will provide the updated list of non-responsive property owners to the County after each step in the process. Task 1: Schedule APTIM will mail the initial notification package within 2 weeks of the County providing the easement instrument and legal description for each potentially affected property. APTIM will mail the follow-up notification package approximately 1 month after the initial notification package is mailed. APTIM will conduct door-to-door visits approximately 1 month after the follow-up notification package is mailed. APTIM will provide the final list of non- responsive property owners within 1 week of completion of the door-to-door visits, approximately 3 months after the County provides the aforementioned items. We will inform the County if we are unable to meet this schedule. Task 1: Cost The lump sum cost for this task is $17,904.00. The cost includes expenses to send two (2) certified mail notifications of the construction easement to all potentially affected property owners. This assumes an estimated 200 notifications send via certified mail as a cost of $6.00 each, for a total of $1,200. An additional 20% is added for uncertainty of mailing cost and number of notifications to be send. This also assumes 50% of the easement instruments will be signed and returned as part of the initial and follow-up notification packages. Summary The total lump sum cost to perform the proposed work described herein for Sector 5 — 2018029 — Work Order #3 is $17,904.00. Please refer to Exhibit 2, attached to the end of this proposal, for a summary of the costs and labor hours of each Task. APTIM will proceed with the tasks upon receipt of a signed work order from Indian River County (unless stated otherwise in the schedule). It is noted that some aspects of this Work Order are dependent upon public response and are outside the control of APTIM and the County. As such, the scope, schedule and cost described herein is provided as a guideline. APTIM will strive to execute each phase of the work within budget and in as expeditious a manner as possible. We will coordinate with the County if deviations from the scope, schedule or budget arise due to unforeseen issues or circumstances. Thank you for the opportunity to serve Indian River County. We look forward to continuing to provide expert professional services to the County. Please do not hesitate to call if you have any questions. IRC Sector 3 — 2018029 — W0#3: Construction Easements Prof. #1714002913 306 A APTI M Sincerely, Jordon Cheifet, PE, CFM Senior Project Engineer Aptim Environmental &Infrastructure, LLC cc: Thomas Pierro, P.E., D.CE, APTIM Stacy Buck, APTIM February 15, 2019 Page 3 of 4 IRC Sector 3 — 2018029 — WO#3: Construction Easements Proj. #1714002913 307 EXHIBIT 2 Indian River County, FL Sector 5 - 2018029 - Work Order #3 Construction Easements Summary of Cost by Task Task Number Task Name Labor Subcontractors Equipment Materials Other ODCs Mobilization/ Travel Totals Task 1 Construction Easements $ 15,740.00 $ - $ - $ - $ 1,440.00 $ 724.00 $ 17,904.00 Totals = $ 15,740.00 $ - 8 - $ - $ 1,440.00 8 724.00 $ 17,904.00 submitted sy: Jordon Cheifet Submitted To: Indian River County, FL Submission Date: 02/14/19 Indian River County, FL Sector 5 - 2018029 - Work Order #3 Construction Easements Summary of Labor Hours and Cost Labor Title Labor BiII Rate Construction Easements Totals Task 1 Labor Hours Cost Labor Hours Cost Principal Engineer/Sr Proj Mngr $ 250.00 4 $ 1,000.00 4 $ 1,000.00 Sr Coastal Engineer/Proj Mngr $ 165.00 38 $ 6,270.00 38 $ 6,270.00 Coastal Engineer I $ 105.00 52 $ 5,460.00 52 $ 5,460.00 GIS Operator $ 105.00 5 $ 525.00 5 $ 525.00 Clerical $ 71.00 35 $ 2,485.00 35 $ 2,485.00 Other ODCs - - $ 1,440.00 $ 1,440.00 Mobilization/Travel - - $ 724.00 - $ 724.00 TOTAL - 134 $ 17,904.00 134 $ 17,904.00 Submitted By: Submitted To: Submission Date: Jordon Cheifet Indian River County, FL 02/14/19 IRC Sector 3 — 2018029 — W0113: Construction Easements Proj. 4t1714002913 308 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM SL. CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Work Order No. AA -LEAPS -1 With Andersen Andre Consulting Engineers, Inc. for Geotechnical Engineering Evaluation Services for the North Relief Canal Stormwater Treatment Facility DATE: February 22, 2019 DESCRIPTION AND CONDITIONS On April 18, 2017, the Board of County Commissioners approved the purchase of an 18.03 -acre parcel at the southeast corner of the intersection of the Indian River Farms Water Control District's Lateral "A" and North Relief Canals. A regional stormwater treatment facility that will use managed aquatic plants to remove nitrogen and phosphorus from North Relief Canal water will be constructed on the property. The project is part of the County's effort to reduce nutrient discharge into the Indian River Lagoon and is listed as CIRL-IRC-07 in the County's most recent Best Management Practice update submitted to Florida Department of Environmental Protection. A pilot plant study near the site was completed in February 2018 and final system design has begun. As part of the design process, geotechnical evaluation services are necessary for the project. Work Order AA -LEAPS -1 with Andersen Andre Consulting Engineers, Inc. will be utilized, which has a continuing contract with Public Works for professional geotechnical engineering services. Specific services are listed on the attached Work Order. The not -to -exceed lump sum professional services fee associated with Work Order No. AA - LEAPS -1 is $21,120.00. FUNDING Funding in the amount of $21,120 is budgeted and available in the Transportation Fund/ Stormwater / Other Professional Services Account # 11128138 033190. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. AA -LEAPS -1 with Andersen Andre Consulting Engineers, Inc., and authorize the Chairman to execute the Work Order on behalf of the County. ATTACHMENTS Work Order No. AA -LEAPS -1 APPROVED AGENDA ITEM FOR MARCH 5, 2019 309 c:\users\legistar\appdata\local\temp\bcl technologies\easypdf 8\@bc1@780eb589\@bcl@780eb589.doc WORK ORDER NUMBER AA -LEAPS -1 GEOTECHNICAL INVESTIGATION FOR THE NORTH RELIEF CANAL UNIVERSAL LOW ENERGY AQUATIC PLANT SYSTEM ULEAPSTm This Work Order Number AA -LEAPS -1 is entered into as of this day of , 2019, pursuant to that certain Continuing Contract Agreement for Professional Services renewed on September 20, 2016 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Anderson Andre Consulting Engineers, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth in Part 1 of this Work Order. The CONSULTANT will perform the professional services for the fee schedule set forth in Part 2 of this Work Order. The CONSULTANT will perform the professional services within the timeframe set forth in Part 3 of this Work Order, all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in this Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in this Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS ANDERSON ANDRE CONSULTING OF INDIAN RIVER COUNTY ENGINEERS, INC. By: -- Peter G. Andersen, P.E. Title: VP/Principal By Bob Solari, Chairman 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 1 f:\public works\keithm\stormwater projects\leaps\work orders\andersen andre\work order as -leaps 1.doc 310 WORK ORDER NUMBER AA -LEAPS -1 GEOTECHNICAL INVESTIGATION FOR THE NORTH RELIEF CANAL UNIVERSAL LOW ENERGY AQUATIC PLANT SYSTEM ULEAPSTM PART 1 - SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide a geotechnical engineering evaluation COUNTY's North Relief Canal Universal Low Energy Aquatic Plant System (U*LEAPSTM) (hereinafter "ULEAPSTM"). The Work is more particularly described in Exhibit A, included herein. PART 2 - COMPENSATION AND PARTIAL PAYMENTS 1. Compensation The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $21,120.00 for services rendered according to Part 1 of this Work Order and as summarized in Exhibit A. Additional services shall be at the hourly rates as set forth in the Agreement. 2. Partial Payments The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall bean amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. PART 3 - TIME FOR COMPLETION The estimated completion time is thirty-five days following issuance of a Notice to Proceed. **END OF WORK ORDER** Page 2 of 2 F:\Public Works\KeithM\Stormwater Projects\LEAPS\Work Orders\Andersen Andre\Work Order AA -LEAPS 1.doc 311 AACE EXHIBIT A - ULEAPSTM SCOPE OF WORK ANDERSEN ANDRE CONSULTING ENGINEERS, INC. AACE Proposal No. P19-1256 February 19, 2019 Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County BOCC Public Works - Stormwater Division 1801 27th Street Vero Beach, FL 32960 Attention: Mr. Keith McCully, P.E. PROPOSAL FOR GEOTECHNICAL ENGINEERING EVALUATION PROPOSED UNIVERSAL LOW ENERGY AQUATIC PLANT SYSTEM (ULEAPSTM) NORTH RELIEF CANAL - 66TH AVENUE AND 53RD STREET INDIAN RIVER COUNTY, FLORIDA As requested, Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for preparing a subsurface exploration and geotechnical engineering evaluation for the above referenced project. The purpose of the exploration is to obtain general subsurface soil information so that geotechnical engineering recommendations can be provided for site preparation procedures, basin/berm construction, excavations, water control/conveyance structure installations, anticipated seepage losses, slope stability, and other geotechnical aspects of the project. PROJECT UNDERSTANDING The subject approximately 18 -acre former citrus grove property is located on the northeast corner of 66th Avenue and 53`d Street in Indian River County, Florida. It is bordered to the west by the Indian River Farms Water Control District (IRFWCD) Lateral A Canal and to the north by the IRFWCD North Relief Canal (NRC). Based on our conversations and our review of the forwarded project -related information, we understand that Indian River County (IRC) is proposing to construct an aquatic plant system (named ULEAPSTM) on this property, intended to reduce pollutants in the adjacent NRC. Based on our conversations and our review of the provided rendering of the proposed ULEAPSTM (30 percent design), we understand that the system will include the following features: • A pump station near the northwest corner of the site which will convey water from the NRC into the ULEAPS through piping and structures along the west side of the site. Two approximately 3.5 -acre Lettuce Scrubber Basins with perimeter berms. These basins will have concrete bottom slabs (EL 20.5 ft) and 15 -ft wide HDPE -lined perimeter berms top EL 23.5 ft) and a design water EL of 22.5 ft. Four concrete Algal Reaeration Units with associated Concrete Sludge Storage and Compositing areas, weirs, sluices and structure/pipe connections. Water will flow from these features into two Final Settling Basins (bottom EL 10 ft) which, in turn, connects to a Wetland Polishing Marsh (bottom EL ranges from 12 ft to 14 ft), after which the water is released back into the NRC through a structure and piping. Misc. perimeter concrete structures, box culverts, piping, etc. will also be constructed as part of connecting the various ULEAPS features. We understand that no deep structures, such as sheet pile weirs, pile supported structures, etc. are currently planned for the project. 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com 312 PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPSTM) NORTH RELIEF CANAL - 66TH AVENUE AND 53RD STREET AACE Proposal No. P19-1256 Page -2- We understand that this system will be operated by either A) pumping 10 MGD continuously or B) pumping 10 MGD over 12 hours and then turning the pumps off at night and allowing the water to remain in the basins until the next morning where the cycle is then repeated. As part of the system design, it is desired by IRC to estimate the seepage losses that would be expected for the 12 -hour resting period of the system. As most of the system will be encased with concrete slabs and HDPE -lined berms, only the un -lined Final Settling Basins and the Wetland Polishing Marsh, as well as the un -lined berms separating the system from the NRC, will be subject to potential seepage losses. Further, slope stability of existing and new berms may be investigated (to be determined). FIELD EXPLORATION PROGRAM Proposed Field Work Based on our understanding of the project, on our experience with similar projects, and on our experience with the soils in the general site vicinity, we propose to perform the following field exploration program: • Eight (8) Standard Penetration Test (SPT) borings (ASTM D1586) to depths of about 25 feet and two (2) SPT borings to depths of about 60 feet below the existing ground surface. • Ten (10) hand auger borings (ASTM D1452) to depths of 5-7 feet below the existing ground surface. Two (2) temporary well nests, each with up to 3 temporary 2 -inch diameter PVC wells screened at different elevations. The number of wells per nest and the well screen depth intervals will depend on the encountered soil conditions. These wells will be utilized for field soil permeability testing so as to explore the permeability of the subsoils at select levels, for use in our seepage analysis. Preliminarily, we anticipate installing the wells to depths ranging from 5 to 30 feet, depending on encountered soil conditions. • Complete up to four (4) double -ring infiltrometer tests (ASTM D3385) to ascertain the unsaturated vertical infiltration rate. • Obtain samples for a suitable laboratory testing program to aid in the determination of prudent engineering properties of the levee soils for use in the stability and seepage analysis. General Notes All field work will be completed using truck -mounted drill rig(s), support trucks, and related equipment and materials. All borings will be backfilled following their completion, and all temporary wells will be removed once field permeability testing has been completed. The number of borings and wells, as well as depths, are estimated based on our experience from similar projects. Should the encountered soil conditions prove to be more homogeneous than anticipated, less borings and possibly shallower borings may be utilized, resulting in overall cost savings. Alternatively, if highly variable soils are encountered, we may recommend that additional borings and/or wells be installed. 313 PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPSTM) NORTH RELIEF CANAL - 66T" AVENUE AND 53RD STREET AACE Proposal No. P19-1256 Page -3- AACE will take reasonable efforts to reduce damage to property, such as rutting of the ground surface. However, it should also be understood that in the normal course of our work some such disturbance could occur. We have not budgeted to restore the site beyond backfilling our boreholes. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing the field work. The site is currently not accessible to our truck -mounted drilling equipment due to the presence of former citrus trees. As such, we understand that IRC will conduct a gopher tortoise survey and then clear paths in the vegetation to allow our equipment and crews to access the desired locations on the site. Safety RACE has a commitment to safety of all its employees. As such, and in accordance with our safety culture, we will prepare a "Pre -Task Plan" to identify the potential site safety and job hazards associated with the proposed scope of work. Prior to commencement, and during on-site activities, we will re- evaluate potential job hazards and appropriate safe working procedures. At this time, we anticipate that a United States Occupational Safety and Health Administration (OSHA) Level D work uniform consisting of hard hats, traffic vests, safety glasses, protective gloves, and steel -toed boots will be required by all personnel in the work area. LABORATORY TESTING PROGRAM AACE's project engineer will perform visual classification on the recovered samples and will coordinate a suitable laboratory testing program of select samples. Laboratory testing may include determinations of moisture content, organic content, grain -sizes and percent fines, etc. ENGINEERING ANALYSIS & REPORT AACE will perform engineering analysis of all data obtained to evaluate general subsurface conditions and to develop engineering recommendations relative to site preparation procedures, basin and flow -way excavations, structure/pipe installation, suitability of the excavated materials for use as off-site fill materials, etc. Further, a limited seepage and slope stability analyses will be completed for an anticipated maximum of two cross-sections (to be determined) so as to estimate the seepage loss within the Settling Basins and Polishing Marsh, and also to check for the stability of the perimeter berms and the adjacent NRC canal banks. Our recommendations will be presented in a written report upon conclusion of the study, along with all data developed during the exploration and our laboratory testing. SCHEDULE We will perform the initial site visit(s) within 3 to 5 business days after receiving written authorization to proceed. Weather conditions permitting, we will then mobilize our crew and drilling equipment within an additional 3 to 5 business days and commence drilling. We estimate that we can complete all field work within 7 working days. We further estimate that our laboratory testing, engineering analysis, and report preparation will likely require an additional 10 to 14 business days to complete followina14 completion of the field and laboratory exploration program. PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPST") NORTH RELIEF CANAL - 66"' AVENUE AND 53RD STREET AACE Proposal No. P19-1256 COST ESTIMATE Page -4- Based on our knowledge of the project to -date, the attached summary of services and corresponding fees will be necessary to meet our goals. We expect that the total fee for our services will not exceed $21,120.00. Should we encounter conditions on the site that warrant more investigative effort than anticipated, we will inform you immediately. AACE will not proceed with additional work without your approval. Charges will be made for the work actually performed using the unit fees given in the attached ExhibitA "Project Services and Fees" which were obtained from our Continuing Services Contract with Indian River County. TERMS & CONDITIONS The proposed scope of services is subject to the following terms and conditions: (1) access to boring locations is to be readily available to our conventional (4x4) truck -mounted drilling equipment, (2) we have right -of -entry onto the project right-of-way, (3) the proposed number of borings/wells and their depths will be sufficient for our analysis, and (4) AACE will contact the Sunshine 811 service in an attempt to locate underground utilities if utility clearance has not already been performed. We cannot take responsibility for damages to underground structures and/or services which do not subscribe to Sunshine 811; their locations are to be provided by the client prior to commencement of the field work. Underground Utility Location Services Florida Statute 240, Section 556.101 through 556.111 established a state-wide service, whereby persons or companies who plan to excavate the earth may advise the Sunshine 811 service of the location, date and other operation particulars, to allow affected utility companies the opportunity to mark the location of their buried lines prior to excavation. The statute provides for fines and other sanctions to be imposed in the event that such notification is not given. To comply with this statute, if deemed necessary, representatives of RACE will notify Sunshine 811 of our proposed explorations. In addition, non- participating utility companies, as identified by us, will be notified of our proposed explorations. This service will require a lead time of between 2 and 5 business days, prior to the mobilization of exploration equipment, to comply with Sunshine 811operation procedures. CLOSURE We sincerely appreciate the opportunity to present this proposal. If the terms above are acceptable to you, please sign and return the attached Professional Services Agreement as an indication of your acceptance and authorization to proceed with the work. Please contact us if you should have any questions concerning this cost estimate. ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, P.E. David P. Andre, P.E. Principal Engineer Principal Engineer Attachments: Project Services and Fees Professional Services Agreement & General Conditions ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPS ` 1) NORTH RELIEF CANAL - 66"' AVENUE AND 53RD STREET AACE Proposal No. P19-1256 Exhibit A: Project Services and Fees Page -5- Our estimated geotechnical services and associates are itemized below. The utilized unit fees were obtained from our Continuing Services Contract with Indian River County. 1. Initial Site Visit, Layout of Field Work, and Field Work Coordination/Monitoring: Staff Engineer - 40 hours @ $80.00/hour $3,200.00 2. Mobilization/Demobilization of truck -mounted drilling equipment $250.00 3. SPT Borings (8 borings to 25 feet and 2 borings to 60 feet): • 250 feet of borehole of depths <25 feet @ 14.00/foot $3,500.00 • 50 feet of borehole of depths 26-50 feet @ $15.00/foot $750.00 • 20 feet of borehole of depths 51-75 feet @ $17.00/foot $340.00 4. Hand auger borings (10 borings to 5-7 feet): • 70 feet of borehole of depths <10 feet @ $10.00/foot $700.00 5. Temporary well installation and field permeability tests: Anticipated 6 wells ranging from 5 to 30 feet; average well depth of 20 feet. • Mobilization for well installation $250.00 • Estimated 120 feet of temporary well @ $28.00/foot $3,360.00 • Estimated 6 well permeability tests @ $375.00/test $2,250.00 • Removal/abandonment of wells; 4 hours @ $80.00/hour $320.00 6. Double -Ring Infiltrometer Tests: 4 @ $500.00/test $2,000.00 7. Laboratory Testing Program: Visual Classification and Laboratory Test for Classification and Determination of Strength, Compressibility and Permeability Characteristics. • Budget Allowance $1,200.00 8. Engineering Services & Report Preparation: Principal Engineer (P.E.): $150.00/hour Senior Project Engineer (P.E.): $125.00/hour Project Engineer (P.E.): $95.00/hour Staff Engineer: $75.00/hour Senior Engineering Technician: $55.00/hour CAD/Clerical Services: $40.00/hour Estimate:... $3,000.00 Total $21,120.00 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM AACE ANDERSEN ANDRE CONSULTING ENGINEERS, Inc. PROFESSIONAL SERVICES AGREEMENT AACE Proposal No: P19-1256 Project Name: PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPST`'`) NORTH RELIEF CANAL - 66m AVENUE AND 53RD STREET Client: Indian River County BOCC Public Works - Stormwater Division Attn: Mr. Keith McCully, P.E. Address: 1801 27`' Street Vero Beach, FL 32960 Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following services: Complete subsurface explorations and geotechnical engineering services for the PROPOSED UNIVERSAL Low ENERGY AQUATIC PLANT SYSTEM (ULEAPST"`) - 66TH` AVENUE AND 53RD STREET, as detailed herein. Estimated Budget: $21,120.00 Payment Terms: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, 1'/2% per month following the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: Accepted for AACE: By: By: Name: Name: Peter G. Andersen, P.E. Title: Tide: Principal Engineer Date: Date: February 19, 2019 Billing Address: 317 AACE GENERAL CONDITIONS 1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter referred to as "AACE") shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work. "Work" means the specific geotechnical, analytical, testing, environmental or other service to be performed by AACE as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein by this reference, and these General Conditions. "Client" refers to the person or business entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work. Further, Client shall disclose any such agency relationship to RACE in writing before the commencement of AACE's Work hereunder. Client agrees that AACE's professional duties are specifically limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any part of AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall AACE have any duty or obligation to any third party. The ordering of Work from AACE shall constitute acceptance of the terms of A ACE's proposal and these General Conditions. 2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if, upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the progress of work as a result of changes in the scope of work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client. 3 - Responsibility: AACE's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences or procedures of construction. AACE shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. AACE's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice to date payment is received will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client. 5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the property for AACE to make the planned borings, surveys, and/or explorations. AACE will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the property to its former condition, AACE will accomplish this and add the cost to its fee. 6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence o f underground or overground obstructions, such as utilities, AACE will give special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to AACE in writing, whether such claims or damages are caused in whole or in part by AACE, and agree to reimburse AACE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and AACE is promptly notified in writing prior to one year after completion of such portion of the services, AACE will re -perform such portion of the services, or if re -performance is impracticable, AACE will refund the amount of compensation paid to AACE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement. In no event shall AACE be liable for any special, indirect, incidental, or consequential loss or delay or time -related damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising nut of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to pay AACE an additional sum as agreed in writing prior to the commencement of AACE's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless AACE and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by AACE, or claims against AACE arising from the work of others. This indemnification provision extends to claims against AACE which arise out of, are related to, or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. 9 - Sample Handling and Retention : Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and AACE, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of AACE's report to Client free of storage charges. After the initial 30 days and upon written request, AACE will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after completion of testing and at Client's expense: (I) return such samples to Client; (u) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that AACE is acting as a bailee and at no time does AACE assume title of said waste. 10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. AACE and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. AACE and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for AACE to take immediate measures to protect health and safety. AACE agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages AACE to take any and all measures that, in AACE's professional opinion, are justified to preserve and protect the health and safety of AACE's personnel and the public. Client agrees to compensate AACE for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against AACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from AACE's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 11- Joint and Several Liability: The concept of joint and several liability is basically this: When two or more parties are considered responsible for causing injury or damage, any one of the parties may be made to provide compensation for as much as 100% of the damages assessed. When applied to hazardous materials projects, it is possible that the concept of joint and several liability could be construed to make AACE partly or wholly responsible for damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for AACE to be exposed to such an action, because AACE had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives any claim against AACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would, in any manner, hold or seek to hold AACE responsible for creating a hazardous condition or permitting one to exist. Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 - Legal Jurisdiction: The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in St. Lucie County, Florida. All causes of action arising out of AACE's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts or failures to act occurring after substantial completion of the Work. 13 - Force Majeure: AACE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requireleitgivil or military authority, acts of God, act or omission of subcontractors, carriers, cliennor other similar causes beyond its control. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 03-05-2019 Date: To: February 25, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Leigh Ann Uribe, Director County Human Services Subject: Annual HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Programs DESCRIPTION AND CONDITIONS: The Federal Department of Housing and Urban Development (HUD) offers permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted Fiscal Year 2018. By letter received from the Office of Assistant Secretary for Community Planning and Development dated January 26, 2019, the County was notified HUD selected Indian River County's project applications (FY) 2018 Continuum of Care (CoC) Program. The grants are divided into two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. Indian River County was awarded funding for nine projects. However, due to variance in performance period of the awarded projects, only eight Scope of Works agreements have been received for signature. Upon receipt of the ninth agreement, which is *FL0418L4H091806 Dataquality, it will be presented to the Chairman for signature. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of Indian River County and the State Health Department. GRANT NUMBER Project HUD FUNDING Performance Period FL0113L4H091806 2018 CoCWide TRA Renewal $95,256 09-01-2019 ends 08-31-2020 FL0114L4H091811 2018ALCOHOPE Renewal $74,976 04-01-2019 ends 03-31-2020 FL0116L4H091811 2018 HMIS Coordinated Entry $35,400 09-01-2019 ends 08-31-2020 FL0119L4H091811 2018NewCHRONICS $285,696 07-01-2019 ends 06-30-2020 FL0338L4H091805 2018CoC TRA2 $74,976 09-01-2019 ends 08-31-2020 FL0360L4H091809 2018IndianRiver Chronics Renewal $98,208 06-01-2019 ends 05-31-2020 FL0380L4H091804 2018FAMILYRENTALassistance $94,608 09-01-2019 ends 08-31-2020 *FL0418L4H091806 2018DATAQUALITY $27,840 *01-01-2020 ends 12-31-2020 FL0440L4H091807 2018NewHorizons TWO $115,188 04-01-2019 ends 03-31-2020 TOTAL AMOUNT: $902,148 1 319 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@280E2199\@BCL@280E2199.doc Page Two HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program February 25, 2019 FUNDING: These grants require NO MATCHING FUNDS from the County and there are no changes from previous years in the method the funds are to be disbursed. RECOMMENDATION: Staff recommends the Board acknowledge the renewal of grants awarded by HUD in the aggregate amount of $902,148, and authorize Chairman to execute each individual Scope of Work grant document. ATTACHMENTS: U.S. Department of Housing and Urban Development letter of January 26, 2019 with list of conditionally obligated funds awarded to Indian River County. Scope of Work, Grant Numbers: FL0113L4H091806 FL0114L4H091811 FL0116L4H091811 FL0119L4H091811 FL0338L4H091805 FL0360L4H091809 FL0380L4H091804 FL0440L4H091807 APPROVED AGENDA ITEM FOR MARCH 05, 2019 2 320 C:\Users\legistar\AppData'Local\Temp\BCL Technologies\easyPDF 8\@BCL@280E2199\@BCL@280E2199.doc U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT January 26, 2019 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that HUD selected the project application(s) your organization submitted for funding under Fiscal Year (FY) 2018 Continuum of Care (CoC) Program project application(s) for a total of $902,148. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2018 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each conditionally selected application. At this time, HUD field office staff are not available to execute grant agreements. HUD will notify you when local field offices are available to process grant agreements, and once all conditons are satisfied and the grant agreement is executed, your organization can expend funds. If you wish to appeal this decision, you will have 45 days to make such an appeal beginning when HUD makes the final award announcement. The final award announcement will be made shortly after HUD resumes normal operations. HUD will send an announcement over the listsery to indicate that a final award announcement has been made and indicating the deadline for appeals. See Section X of the FY 2018 NOFA for more details. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Enclosure Sincerely, 4)f David C. Woll Jr. Principal Deputy Assistant Secretary www.hud.gov espanol.hud.gov 321 Enclosure FL0113L4H091806 2018 CoCWideTRA Renewal $95,256 FL0114L4H091811 2018ALCOHOPE renewal $74,976 FL0116L4H091811 2018 HMIS Coordinated Entry $35,400 FL0119L4H091811 2018NewCHRONICS $285,696 FL0338L4H091805 2018 coc TRA2 $74,976 FL0360L4H091809 2018IndianRiver Chronics Renewal $98,208 FL0380L4H091804 2018FAMILYRENTAL assistance $94,608 FL0418L4H091806 2018DATAQUALITY $27,840 FL0440L4H091807 2018NewHorizons TWO $115,188 Total Amount: $902,148 322 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0113L4H091806 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_95256_ for project number _FL0113L4H091806. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 95256 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 3nge 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12. The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 32P4ge 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 3nge Tax ID No.: 59-6000674 CoC Program Grant Number: FL0113L4H091806 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0113L4H091806 Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 3216ge 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0114L4H091811 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is nota Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_74976_ for project number _FL0114L4H091811 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 74976 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 32P7ge 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months:12. The performance period for the project begins 04-01-2019 and ends 03-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 32liige This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 32Yage 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0114L4H091811 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0114L4H091811 Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 33Vge 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0116L4H091811 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_35400_ for project number _FL0116L4H091811. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 0 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 35400 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 331ge 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months:12. The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, 110 indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 3312ge 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 331ge 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0116L4H091811 Effective Date: 2/20/2019 DUNS No.: 079208989 Grant No. FL0116L4H091811 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Recipient Name Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 33P4ge 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0119L4H091811 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) J 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_285696_ for project number FL0119L4H091811. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 285696 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 331 ge 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12 . The performance period for the project begins 07-01-2019 and ends 06-30-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 331 ge,2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 33Pitge 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0119L4H091811 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0119L4H091811 Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 3313ge 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0338L4H091805 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_74976_ for project number _FL0338L4H091805. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 74976 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 33108e 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months:12. The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 341ge This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary. of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 341ge 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0338L4H091805 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0338L4H091805 www.hud.gov Indirect cost rate Cost Base espanol.hud.gov 3 41g 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0360L4H091809 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_98208_ for project number _FL0360L4H091809. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 98208 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 341�ige 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months:12. The performance period for the project begins 06-01-2019 and ends 05-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project: 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 34P4ge 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 341 ge3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0360L4H091809 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name Indirect cost rate Cost Base FL0360L4H091809 www.hud.gov espanol.hud.gov 3age 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0380L4H091804 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_94608_ for project number _FL0380L4H091804. If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 94608 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 34I gel 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12. The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 3Age 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 347ge 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0380L4H091804 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0380L4H091804 Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 3510ge 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0440L4H091807 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_115188_ for project number _FL0440L4H091807 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 115188 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov 3 5ge 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months:12. The performance period for the project begins 04-01-2019 and ends 03-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed; 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov 351ge 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) www.hud.gov espanol.hud.gov 35ge Tax ID No.: 59-6000674 CoC Program Grant Number: FL0440L4H091807 Effective Date: 2/20/2019 DUNS No.: 079208989 Grant No. FL0440L4H091807 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Recipient Name Indirect cost rate Cost Base www.hud.gov espanol.hud.gov 35P4ge 4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Change Order No. 1 IRC Jail Complex Roofing Replacement, Recover and Repair Project (IRC -1735) DATE: February 20, 2019 DESCRIPTION AND CONDITIONS On April 3, 2018, The Board of County Commissioners approved awarding Bid No. 2018021 to Atlantic Roofing II of Vero Beach, Inc. for the IRC Jail Complex Roofing Replacement, Recover and Repair project in the amount of $1,263,655.00. Construction on this project began in June, 2018, and currently is nearing completion. In February, 2019, County Staff received a request from the Sheriff's Office to replace an additional roof section located above the Jail's sally port. At the time that the plans for this project were being developed by the County's roofing consultant, the roof section over the sally port had an estimated 10 years of functional life remaining. For that reason, the plans only specified minor repairs and waterproofing, not full replacement. Since several years have passed between development of the plans and construction, the remaining lifespan is now less than 10 years. Since the Contractor is currently onsite, replacing the roof section over the sally port would save the cost of mobilization for a separate contractor to complete this work at a later date. Also, since roofers must submit and pass a background check administered by the Sheriff's Office to work onsite, Atlantic Roofing has already completed this process and has an approved crew onsite. To move forward with the replacement of the roof over the sally port, County Staff requested a proposal from the Contractor. County Staff reviewed the Contractor's proposal in the amount of $93,743.00 and found the cost to be in line with other similar work onsite. FUNDING Funding for Change Order No. 1 is available in the amount of $93,743.00 in Optional Sales Tax/Facilities Management/Jail Roof- Account # 31522019-066510-16030. 355 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@700E95FF\@BCL@700E95FF.doc Page 2 Change Order No. 1 IRC Jail Complex Roofing Replacement, Recover and Repair Project For March 5, 2019 BCC Meeting RECOMMENDATION Staff recommends the Board of County Commissioners approve Change Order No. 1 authorizing the replacement of the roof over the Jail's sally port and the additional funding in the amount of $93,743.00. The new total contract price will be $1;357,398.00. ATTACHMENT Change Order No. 1 APPROVED AGENDA ITEM FOR MARCH 5, 2019 356 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 3/5/2019 EFFECTIVE DATE: 3/5/2019 OWNER: Indian River County CONTRACTOR: Atlantic Roofing II of Vero Beach, Inc. PROJECT: IRC Jail Complex Roofing Replacement, Recover and Repair Proiect OWNER's Project No. IRC -1735 • OWNER'S Bid No. 2018021 You are directed to make the following changes in the Contract Documents: Description: Add the replacement of the roof over the sally port at the Jail to the roof replacement project. Reason for Change Order: Replacing the roof over the sally port while the Contractor is onsite will cost less and be easier to implement than replacing this roof as a stand-alone project at a later date. Attachments: Proposal from Atlantic Roofing II of Vero Beach, Inc. dated 2/8/2019. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1.263.655.00 150 Net increase of this Change Order: $93.743.00 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: Contract Price with all approved Change Orders: $1.357,398.00 / ACCEPTED: By: Atlantic Roofing of VB Inc. CONTRACTOR (Signature) Date: 01-2 -19 CHANGE IN CONTRACT TIMES Description W Time Original Contract Time: Substantial Completion: Final Completion: (days) 120 150 Net increase of this Change Order: Substantial Completion: Final Completion: (days) 35 35 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days) 155 185 REC MMENDED: drew Sobczak ENGINEER (Signature) Date: 21251 2a i t APPROVED: By: Richard B. Szpyrka, P.E. OWNER (Signature) Date: IRC -1735_C01_20190221 00942 -1 F:1Public WorkstENGINEERING DIVISION PROJECTS11735 IRC Jail Compex Roof Replacement -Repair Projectll-AdmintAgenda ItemssChange OrderstChange Order No.11IRC-1735 COt 20190221.doc Rev. 05I01 357 ATLANTIC ROOFING 11 OF VERO BEACH, INC. Lic. # CCC1326188 4310 45th Street Vero Beach, FL 32967 Ph: 772-492-8493 Fax: 772-257-5740 E -Mail: jerry@atlanticroofing2.com Quote Date: 2/08/19 To: Indian River County Re: Indian River County Jail Complex Attn: Andy Sobczak Roof coating roof area 3A We propose the following furnished and installed: ** Utilize specifications for recover in the Base Bid. ** Clean and pressure wash roof and flashings. ** Apply "Roof Slope" leveling material where water is setting on roof surface. ** Seal all open flashing joints with Soprema Alsan flashing. ** Install Soprema bleed blocker at the rate of 1 1/2 gallons per 100 square feet. ** Install Soprema Silicone roof coating at the rate of 2 '/2 gallons per 100 square feet. ** Install Soprema Silicone walkway at roof top units. ** Install aluminum counter flashings under existing coping cap. ** All details as required by Soprema. * * 20 year NDL Warranty provided by Soprema. Total for this proposal as outlined above: $93,743.00 We would like 35 days added to the contract. Exclusions: • Any penetrations not specifically shown on plan pages. • Any item not specifically mentioned in our above scope. • Quote is good for 30 days. Jerry Malivuk ierry(a atlanticroofmg2.com 358 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Kristin Daniels, Budget Director FROM: Basil Dancy, Computer Services Manager SUBJECT: Information Technology Use Policy Update DATE: February 27, 2019 DESCRIPTION AND CONDITIONS Due to recent changes in technology as well as the increased and widespread usage of social media, the Computer Services Division has, with the help of the County Attorney's office, updated Administrative Policy AM -903.1 Information Technology Use. We have updated sections to better reflect current technology standards and placed additional sections to directly address the usage and management of the social media outlets that Indian River County is currently using. RECOMMENDATION Staff recommends that the Board of County Commissioners accept these changes and approve the attached Administrative Policy to be placed in the Administrative Policy Manual. ATTACHMENTS 1. 903.1 (Draft) Info Tech Use APPROVED AGENDA ITEM FOR March 5' 2019 359 POLICY: ADMINISTRATIVE POLICY MANUAL SECTION Personnel NUMBER AM -903.1 EFFECTIVE DATE Insert SUBJECT Information Technology Use PAGE 1 OF 5 Indian River County provides employees with access to and use of a variety of information technology resources. These resources are provided to employees in an effort to allow them to be more efficient, productive, and to have access to information that is necessary for them to carry out their responsibilities as an employee of the County. Employees are expected and required to use these information technology resources in a manner consistent with their position and work responsibilities with the county. COMMENT: 1. Definition: Information Technology Resources: For the purpose of this policy, the County will define Information Technology Resources as any equipment, hardware, or software that is assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: printers, fax machines, software applications, Internet access, voice mail, e-mail, and personal computers. 2. General Provisions: a. The County's Information Technology Resources are designed for county business use only. Unacceptable uses of the County's Information Technology Resources include, but are not limited to, the following: 1) Unauthorized use. 2) Illegal purposes. 3) Transmittal of threatening, abusive, obscene, lewd, profane or harassing material which suggests any lewd or lascivious act. 4) Intentionally preventing or attempting to prevent the disclosure of your identity with the intent to frighten, intimidate, threaten, abuse or harass another person. 5) Transmittal of material which is confidential to the County. 360 ADMINISTRATIVE POLICY MANUAL SECTION Personnel NUMBER AM -903.1 EFFECTIVE DATE Insert SUBJECT Information Technology Use PAGE 2 OF 5 6) Disruption of network services, such as distributing computer viruses. 7) Interception or alteration of network packets. 8) Use of someone else's identity and password or access to information technology resources without proper authorization. 9) Attempt to evade, disable, or "crack" passwords and/or other security provisions of systems on the network. 10) Reproduction and/or distributing copyrighted materials without appropriate authorization. 11) Private commercial ventures, personal gain, religious or political causes or other non -job-related solicitations. b. Employees are to be provided access to County Information Technology Resources only if authorized by their department head or designee. c. The County reserves and intends to exercise its right, as is reasonably necessary, to search, review, audit, intercept or access an employee's use of the Information Technology Resources provided to the employee to the extent allowed by law. d. All work products created through the use of Information Technology Resources are the property of the County. Any material developed, composed, sent or received, using County provided Information Technology Resources and will remain the property of the County. 3. Disciplinary Action: Any employee found to have violated any of the unacceptable uses outlined in this policy at any time will be subject to discipline up to and including discharge from employment with the County. 361 ADMINISTRATIVE POLICY MANUAL SECTION Personnel NUMBER AM -903.1 EFFECTIVE DATE Insert SUBJECT Information Technology Use PAGE 3 OF 5 4. Public Records: a. Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. b. As a public record, an e-mail message is subject to the statutory restriction on destruction of public records. Courts now recognize the existence of "transitory" communication. These transitory communications have only communicative value which is lost as soon as the communication is received, but they are still public records. Destruction of this type of record is permitted once the record is obsolete, superseded or its administrative value is lost. An example of this type of e-mail message is as follows: "Joe: The meeting has been changed from 2:30 p.m. on the 9th to 3:00 p.m. on the 10th." Destruction is also permitted when records have lost their legal, fiscal, administrative or historical value. 5. Social Media Procedure: a. The following Social Media Procedure provides guidelines and requirements for posting Indian River County business related content on non -County owned Internet sites. These sites are governed by the Terms and Conditions along with the Privacy Policy as defined on each site. It is the responsibility of each department director, whose department has a social media site, to ensure staff adheres to the Terms and Conditions of the social media sites. Social media sites must be approved by the County Computer Services Division and the County Administrator. Facebook, Twitter, YouTube, Instagram, and Nextdoor are approved sites. b. The director of the department requesting the account must request County Administrator approval, in writing, for the creation of accounts for posting County content on non -County owned social media sites. The County Computer Services Division is responsible for account creation and maintaining passwords and login information for each site. Primary social media sites for Indian River County will be maintained by the County Computer Services Division. c. The name of a site will include Indian River County and the division or program name. Only official department/division logos are to be used on the site. 362 ADMINISTRATIVE POLICY MANUAL SECTION Personnel NUMBER AM -903.1 EFFECTIVE DATE Insert SUBJECT Information Technology Use PAGE 4 OF 5 d. The director of the department creating the account will be responsible for approving staff members to maintain the site. Approved staff members will use only those computers approved by the Computer Services Division while within the County computer network. e. The director of the department posting any County content will be responsible for assuring all information is current, accurate, and appropriate for dissemination to the public. In all cases, postings must be professional, courteous, and pertain specifically to official County business and promotion of County programs or events. f. The purpose of these sites is to send information out. Staff will not reply to comments posted by site visitors, unless the County Administrator approves a compelling reason for two-way communication. Staff may answer questions asked in post comments using the private chat feature of the social media site. g. Launching a site creates a responsibility for the registering department to be active in the maintenance of the site. Responsibilities of the site moderator include: 1) Posting fresh material in a timely fashion to keep site subscribers interested and engaged. 2) Responding to comments in a timely manner if two-way communication is enabled. 3) Deleting sites that are dormant. h. As with all communications, all public records requirements and laws apply to these sites. As the County does not own or operate these sites, information posted or received must be maintained in electronic format by the County Computer Services Division and shall be available to print upon public records request, for the applicable retention period, in order to fulfill public information requests should the site go down or be abolished. 363 ADMINISTRATIVE POLICY MANUAL SECTION Personnel NUMBER AM -903.1 EFFECTIVE DATE Insert SUBJECT Information Technology Use PAGE 5 OF 5 Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: • Profane language or content; • Personal attacks; • Sexual content or links to sexual content; • Content that includes unlawful conduct; • Comments that are clearly off topic from the posted topics; • Advertising services, entities, products or solicitations of commerce; • Spam or links to other websites, pages, or accounts; • Information that may compromise the safety or security of the public or public systems; • Content that defames any person, group, or organization. JASON E. BROWN DATE 364 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 18, 2019 RE: Request for the Board of County Commissioners to Consider an Ordinance Modifying Section 1000.13 of Title X Impact Fee Ordinance Regulations (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 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. At that time, the BCC also indicated it wanted a regular schedule of updating impact fees every five years versus reviewing the impact fee schedule "at least once every third year" (Attachment 1). On November 20, 2018, the BCC reviewed a draft impact fee ordinance revision requiring the fees to be updated every five years and reviewed a proposed scope of services for a Request for Proposals (RFP) for consultant to update the impact fees. After discussion, the BCC decided to authorize staff to proceed with advertising for a public hearing for the ordinance revision and to proceed with drafting and issuing an RFP for impact fee consultant services (Attachment 2). As directed by the BCC, staff initiated the RFP process for consultant services in December 2018 and that process resulted in the Board's approval of the impact fee consultant selection committee's recommendation at its February 12, 2019 meeting. Consequently, the 2019 impact fee update will begin shortly. With respect to the impact fee ordinance change, staff coordinated with the County Attorney, drafted an ordinance change, and advertised the proposed ordinance revision for a March 5, 2019 public hearing. The Board is now to conduct the public hearing and consider adopting the proposed change. 365 ANALYSIS The current impact fee ordinance, which regulates impact fees county -wide (including within the municipalities), requires the County's impact fee schedules to be reviewed by the BCC at least once every third year. While this existing language requires the impact fee schedules to be reviewed, it does not specifically require that the impact fee schedules be updated. Periodic updates are needed to maintain the integrity of the impact fee program and to comply with state requirements. Consistent with the Board's previous direction, the proposed ordinance revision will require an impact fee schedule review and update every five (5) years. This proposed 5 year update requirement will help to ensure that the County is in compliance with Florida Statutes 163.31801 which requires impact fees to be based on the most recent and localized data, while at the same time keeping the County out of a continuous study and update cycle for impact fee rates that would be involved with shorter review and update time frames. Establishing a standard five year cycle for review and update of impact fees will also help to bring certainty to the market place that will allow the private sector to plan for and anticipate regularly scheduled reviews and update changes in impact fee rates. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed modifications to Title X, Impact Fees, to modify the time period for impact fee schedule review, and require impact fee schedule updates every five (5) years, as contained in the attached ordinance. ATTACHMENTS: 1. Portion of June 13, 2017 Board of County Commissioners Meeting Minutes 2. Portion of November 20, 2018 Board of County Commissioners Meeting Minutes 3. Impact Fee Ordinance Amendment for Specific 5 Year Update Timeframe F:\Community Development\Impact Fee\IMPACT FEE STUDIES \2018 Update\Ordinance Changes\BCC Staff Report - Ordinance - 5 year impact fee update.docx Board of County Commissioners Meeting Minutes - Final June 13, 2017 Street SW to a Point 165' North of 7th Street SW as shown on the Indian River Farms Company Plat of Lands and Plan for Lan and Road Reservations [ROWA-17-03-02 / 2005060500- :340] (Legislative) Recommended Action: This notice of public hearing is provided for the Bo s information. No action is needed at this time. rainage 10.C.3. 17-0611 11. COUNTY Notice was read by County Attorn No Action Taken or Required ylan Reingold. Notice of Public . -aring for June 20, 2017: to Consider Amending Chapter 31 the Code of Indian River County. (Legislative) Attachments: Staff R rt otice was read by County Attorney Dylan Reingold. No Action Taken or Required MINISTRATOR MATTERS 12. D.' ARTMENTAL MATTERS A. Community Development 12.A.1. 17-0596 Request to Review Scope of Services and Authorize Initiation of the Recommended Action: Consultant Selection Process for an Impact Fee Update Staff recommends that the Board of County Commissioners review the scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. Attachments: Staff Report Attachment 1 Community Development Director Stan Boling explained that the last impact fee review was completed in October 2014, and that the impact fee ordinance requires the Board to review the schedule at least once every third year. He explained that, as with all impact fee updates, a consultant expertise is necessary, and Board authorization would be required to move forward. Metropolitan Planning Organization Staff Director Phil Matson explained the elements of the Impact Fee Scope of Services, and summarized the possible increases and decreases. Commissioner Solari thanked staff for the review; however, he didn't feel that Indian River County Florida Attachment 13°e1 Board of County Commissioners Meeting Minutes - Final June 13, 2017 there had been enough changes to support spending tax dollars for an update at this time, and suggested that staff return to the Board with the next review in two (2) years. In addition, he recommended revising the cycle for impact fee schedule reviews, from once every three (3) years, to once every three (3) to five (5) years, depending upon the conditions. Vice Chairman O'Bryan opposed the update delay due to the fact that new methodology was put into effect in 2014, and he would like to see how the model is tracking. Chairman Flescher, Commissioner Adams and Commissioner Zorc were in support of Commissioner Solari's recommendation. A motion was made by Commissioner Solari, seconded by Chairman Flescher, by a 4-1 vote (Vice Chairman O'Bryan opposed), the Board approved to: 1) direct staff to return to the Board in two (2) years with an Impact Fee Scope of Services review; and 2) direct the County Attorney to draft an amendment to the Impact Fee Ordinance 2005-015, changing the review schedule to once every three (3) to five (5) years, depending upon the conditions. The motion carried by the following vote: Aye: 4 - Chairman Flescher, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Nay: 1 - Vice Chairman O'Bryan B. - merenc Services C. Genera , rvices 1. Human Service 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. 17-0619 Interfund Loan - Lakes Golf Course Recommended Action: Staff recommends that the Board authorize an interfund loan . om General Fund reserves in the amount of $1,100,000 at an interest rate of 1.5% pe ear. The principal of this loan will be repaid over a four (4) year period as shown ' the Proposed Debt Service Schedule. Attachment 1 Indian River County Florida 30e12 Board of County Commissioners Meeting Minutes - Final November 20, 2018 Attachments: Staff Report Implementation Matrix -Report Card GNP Action Plan GNP CIP Ave. 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 either 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 FloridaBrightline 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 conununity, 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 staffs recommendation. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.A.3. 18-2461 Recommended Action: 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 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 Attachment 2 Indian River County Florida 36'e12 Board of County Commissioners Meeting Minutes - Final 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 with concerns and suggestions: Joseph Paladin, President, Black Swan Consulting, spoke regarding Land Development Regulations Debb Robinson, Laurel Builders, stated that impact fee increases could make homeownership less likely 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 7j17{e13 Attachment 2 ORDINANCE 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, PROVIDING FOR AMENDMENTS TO CHAPTER 1000, PURPOSE AND INTENT; BY AMENDING SECTION 1000.13(2), REVIEW; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, CHAPTER 1000, PURPOSE AND INTENT, BE AMENDED AS FOLLOWS: SECTION ONE: Amend Section 1000.13 — "Review" as follows: (1) Each fiscal period, the county administrator shall present a proposed capital improvements program (CIP) to the board of county commissioners for: emergency services facilities, correctional facilities, public buildings, law enforcement facilities, library facilities, solid waste facilities, park and recreation facility, public education facilities and traffic facilities. This CIP shall assign funds, including any accrued interest, from the facilities impact fee trust funds to specific facility improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same facility impact fee trust fund until the next fiscal year, except as provided by the refund provisions of this chapter. (2) The fee schedules contained in this title shall be reviewed and updated by the board of county commissioners at least once every third ycar.five (5) years, consistent with Florida Statutes 163.31801. SECTION TWO: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION THREE: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Bold Underline: Additions to Ordinance StFik-e-thretighi Deleted Text from Existing Ordinance C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80D7A83\@BCL@F80D7A83.docx Attachment 3 371 1 ORDINANCE 2019 - SECTION FIVE: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 17th day of February, 2019, for a public hearing to be held on the 5th day of March, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice -Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2019. BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance c.f. h: Deleted Text from Existing Ordinance C:\Users\legistar\AppData\local\Temp\BCL Technologies\easyPDF 8\@BCL@F80D7A83\@BCL@F80D7A83.docx 372 2 3/05/2019 10.A.1. Impact Fee Ordinance Revision 5 Year Update Timeframe Amend Title X - Impact Fees, Section 1000.13 Review as follows: (2) The fee schedules contained in this title shall be reviewed and updated by the board of county commissioners at least once every third year.five (5) years, consistent with Florida Statutes 163.31801. 3126;2019 Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coevline PO8 463755 - INDIAN RIVER COUNTY PLANNING 2225551 ORDINANCE Pub Dates February 17, 2019 Sworn to and subscribed before me this day of, February 18, 2019, by Natalie Zoll (X) personally known to me or ( ) who has produced as identification. ah?, who is g Karol Kangas �u;'"'e KAROLEKANGAS rL111s\1G1, Notary Publk-Stateof Florida Commission IGG12t041 • MyComm,ExplresJul29,2021 ',.°`".101 Bonded lhroughNallmnellblatyAsta Notary Public 312-1 BEFO .E THE BOARD OF iOUNTY tOMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River Coun- ty, Florida shall hold a pub- lic hearing at which parties in interest and citizens shall have an opportunity to be heard at its regular meeting on Tuesday, March 5, 2019 at 9:00 a.m. or as soon there- after as the matter may be heard, in the County Commis- sion Chambers of the Coun- ty Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The title of the proposed ordinances is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, PRO- VIDING FOR AMENDMENTS TO CHAPTER 1000, PURPOSE AND INTENT; BY AMENDING SEC- TION 1000.13(2), REVIEW; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILI- TY; AND EFFECTIVE DATE. Said ordinance, if adopted, will change the frequency of reviewing the impact fee schedule from at least once every third year to reviewing and updating every five years. A copyiof the proposed ordi- nance s available at the Com- munity Development Depart- ment of the County Adminis- tration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more infor- mation, contact Bill Schutt at (772) 226-1243. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a ver- batim record of the proceed- ings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meet- ing must contact the Coun- ty's Americans with Disabili- ties Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Bob Solari, Chairman Pub Feb 17th 2019 TCN 3Z - 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 20, 2019 RE: Indian River Land Trust, Inc.'s Request to Amend the Comprehensive Plan to Re- designate ± 11.59 Acres From CII, 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 CII, 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) (Legislative and Quasi -Judicial — Treat as Quasi -Judicial) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 2019. DESCRIPTION AND CONDITIONS This is a request by Indian River Land Trust, Inc. and Schwerin Asset Advisors, LLC to simultaneously swap the land use designation of two separate properties and to subsequently rezone those properties. Two separate and distinct public hearings and two separate and distinct motions are required. The first public hearing is for the requested swap of land use designations and the second public hearing is for the requested rezoning. The rezoning is dependent upon the approval of the land use designation swap. Subject property 1, depicted in Figure 1, is ± 11.59 acres, is owned by Indian River Land Trust, Inc., and is located at the southeast corner of 79th Street and U.S. Highway 1. For this property, the request is to re -designate ± 11.59 acres from C/I, Commercial/ Industrial to M-1, Medium 37i 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). Subject property 2, depicted in Figure 2, is ± 11.44 acres, is owned by Schwerin Asset Advisors, LLC., and is located at the northeast corner of 41st Street and U.S. Highway 1. For this property, the request is to re -designate ± 11.44 acres from M-1, Medium Density Residential -1 (up to 8 units/acre) to CII, Commercial/ Industrial, and to rezone ± 0.83 acres of the ± 11.44 acres from RM -6, Multi -Family Residential District (up to 6 units/acre) 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. The purpose of the request is to secure the land use designation and zoning necessary to allow Subject Property 1 to be developed with residential uses and Subject Property 2 to be developed with commercial uses. FIGURE 1 Indian River Land Trust, Inc. Property Location Map Hobart Landing Subdivision H. r7 .0,7 -P —air .1 it a; ';''''C � � a :—.1Vacant ` ' j ~ ,' tri i1 �' (Proposed storage buiEdings)�. Vacant xs �77rF115?j(HOHARr .04. 777 STSRNc7i Vacant �S'3,l,,,� 'F'� ✓a tet'. 37i FIGURE 2 Schwerin Asset Advisors, LLC Property Location Map Comprehensive Plan Amendment Review Procedures Although the number of standard plan amendments that the County may consider each year is not limited, the frequency with which the County can amend its comprehensive plan is regulated. According to the County's Comprehensive Plan, standard plan amendment application submittals are currently limited to four times per calendar year. For that reason, the county accepts standard plan amendment applications only during the months of January, April, July, and October. In this case, the subject application was submitted during the July 2018 window. No other plan amendment applications were received in that window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. At that hearing, the Commission makes a recommendation to the Board of County Commissioners to approve, approve with modification, or deny the requested amendment. 37g Following the Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the plan amendment is transmitted, state and regional review agencies will review the amendment as it pertains to each agency's focus area. Review agencies will then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues that were raised by the review agencies, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a challenge is filed by an affected party. Planning and Zoning Commission Public Hearing On October 11, 2018, the Planning and Zoning Commission recommended that the Board approve the proposed amendment for transmittal to State and Regional Review Agencies and approve the proposed associated rezoning. Board of County Commissioners Transmittal Public Hearing Action On November 20, 2018, the Board of County Commissioners considered the proposed plan amendment and voted to transmit the amendment to State and Regional Review Agencies. Staff then transmitted the amendment to State and Regional Review Agencies. None of the State and Regional Review Agencies had any objections or comments regarding this amendment. Board of County Commissioners Final Public Hearing This public hearing is the final step in the comprehensive plan amendment process. At this time, the Board of County Commissioners must decide whether or not to approve the proposed future land use map amendment and then decide whether or not to approve the associated rezoning request. Future Land Use Pattern Subject Property 1 As shown in Figure 3, Subject Property 1 and properties to the north (with frontage on U.S. Highway 1), west (across U.S. Highway 1), and south are designated C/I, Commercial/Industrial, on the county's future land use map. The CII designation permits various commercial and industrial zoning districts. Properties to the north (without frontage on U.S. Highway 1) and properties to the east are designated L-2, Low -Density Residential -2 (up to 6 units/acre), on the county's future land use map. The L-2 designation permits residential uses with densities up to 6 units/acre. Subject Property 1 is designated C/I on the county's future land use map. 37g FIGURE 3 Subject Property 1- Indian River Land Trust, Inc. Land Use Designation Amendment Request C/I 1-2 31030+000000020000021 C/I 1. 30 00:0000003097 79th Str 1.0000.2.00.300 Subject Property 2 To Change Land Use Designation for +/-11.59 Acres C/1 to M-1 1110010E00070000000• C/ I L-2 C/I ...S rH EL RC, C/I 1011CM0C101000001 0 T332s0000a00.1=00:.1 L Subject Property 2 and parcels to the north and east have a land use designation of M-1, Medium Density Residential -1 (up to 8 units/acre) on the county's future land use map (see Figure 4). The M-1 designation permits various residential and institutional uses. Properties west (across U.S. Highway 1) and south (across 415` Street) of Subject Property 1 are designated C/I, Commercial/Industrial on the county's future land use map. The C/I designation permits commercial and industrial uses. Subject Property 2 is designated M-1, Medium Density Residential -1 (up to 8 units/acre) on the county's future land use map. 37, FIGURE 4 Subject Property 2 - Schwerin Asset Advisors, LLC Land Use Designation Amendment Request Existing Land Use Pattern and Zoning Subject Property 1 As shown in Figure 5, Subject Property 1, owned by Indian River Land Trust, Inc., consists of one ± 11.59 acre parcel. That parcel is zoned CL, Limited Commercial District and is currently undeveloped. To the south, Subject Property 1 abuts Christ the King Presbyterian Church. That property is zoned CL, Limited Commercial District. West of Subject Property 1 across U.S. Highway the land was cleared and plans for a proposed storage facility are currently being reviewed. Those properties are zoned CH, Heavy Commercial and are subject to private deed restrictions that allow for storage facilities. North of Subject Property 1 is 79th Street, which provides access to Hobart Landing, a single family residential subdivision, and across 79th Street are existing retail furniture/home furnishing businesses, zoned CL, Limited Commercial and a parking lot for the Toni Robinson Waterfront Trail (Indian River Land Trust), zoned RM -6, Multi - Family Residential District (up to 6 units/acre). To the east, the abutting parcel is zoned RM -6, Multi -Family Residential District (up to 6 units/acre), and is undeveloped. 37� -1111 I 14:4-t r 2e00000,Co0o0030 PTOOOUND OR J �/) _ M-1 1 I ll P- _ Ii N42,1 cR X. C/I i 1 rta2eeoeooieoeooao.a / s M Q - - S{ M-2 Y C 11 ono ,, w 4t M-1 M-1 x ST M.1 Na Si a 4Z"t CD a To Change Land Use M-1 Designation for 2121320000001113000001A c/i c/i +/-11.44 Acres .__j _0. _ M-1 to C/I 41ST ST (COUNTYL7STjSTirS OiFFONO,R0), 1= atAciem 6®74.0 ;fl N!, � VERO. •'� C/' C/I •,,eX.01101.000001.0 1 Street C/1 C/1 a »_ecwx owlo Existing Land Use Pattern and Zoning Subject Property 1 As shown in Figure 5, Subject Property 1, owned by Indian River Land Trust, Inc., consists of one ± 11.59 acre parcel. That parcel is zoned CL, Limited Commercial District and is currently undeveloped. To the south, Subject Property 1 abuts Christ the King Presbyterian Church. That property is zoned CL, Limited Commercial District. West of Subject Property 1 across U.S. Highway the land was cleared and plans for a proposed storage facility are currently being reviewed. Those properties are zoned CH, Heavy Commercial and are subject to private deed restrictions that allow for storage facilities. North of Subject Property 1 is 79th Street, which provides access to Hobart Landing, a single family residential subdivision, and across 79th Street are existing retail furniture/home furnishing businesses, zoned CL, Limited Commercial and a parking lot for the Toni Robinson Waterfront Trail (Indian River Land Trust), zoned RM -6, Multi - Family Residential District (up to 6 units/acre). To the east, the abutting parcel is zoned RM -6, Multi -Family Residential District (up to 6 units/acre), and is undeveloped. 37� FIGURE 5 Subject Property 1- Indian River Land Trust, Inc. Rezoning Request Subject Property 2 As shown in Figure 6, subject Property 2 is located at the northeast comer of 41' Street and U.S. Highway 1 and is zoned RM -6 , Multi -Family Residential District (up to 6 units/acre). The Subject Property 2 is undeveloped and contains vegetation. North of Subject Property 2 is the Pinson Subdivision (containing approximately 23 lots, with about half developed with residences) and vacant undeveloped and unplatted land; all of the lots and the vacant unplatted land are zoned RM - 6, Multi -Family Residential District (up to 6 units/acre). South of Subject Property 2 across 41st Street is vegetated undeveloped land that is zoned CG, General Commercial District. The land east of Subject Property 2 is owned by the same owner (Schwerin) and is zoned RM -6, Multi -Family Residential District (up to 6 units/acre), is undeveloped and contains vegetation. West of Subject Property 2 is U.S. Highway 1, and across U.S. Highway 1 are various commercial uses, including a gas station with convenience store, and a small retail strip center with various uses. Those properties are zoned CG, General Commercial District. 374 FIGURE 6 Subject Property 2- Schwerin Asset Advisors, LLC Rezoning Request CH '07000000.07 VERO BEACH' }70000 it07000000,A Environment Subject Property 1 RM 8 To Rezone +/- 0.83 Acres RM -6 to OCR 00,0000000.0 To Rezone +1- 10.61 Acres RM -6 to CL rnatilwe tmeoom¢ o RM -6 013 8000000,00000007 0 RM -6 RM -8 1 Subject property 1 has previously been cleared, used for citrus, and has become overgrown with vegetation. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified on the property. According to Flood Insurance Rating Maps, the subject property is within flood zone X: 0.2 percent annual chance of flooding. Subject Property 2 Subject property 2 has previously been cleared, used for citrus, and has become overgrown with vegetation. Based on County records, no wetlands or any other environmentally sensitive habitat have been identified on the site. According to Flood Insurance Rating Maps, the subject property is within flood zone X. 386 Utilities and Services Subject Property 1 The site is within the Urban Service Area of the County. Wastewater service is available to the site from the North Regional Wastewater Treatment Facility, with the nearest connection point being at the intersection of 77th Street and US 1, while potable water service is available from the North and South County Reverse Osmosis Plants, with the nearest connection points being along the US 1 & 79th Street frontages. Subject Property 2 The site is within the Urban Service Area of the County. Wastewater service is available to the properties from the Central County Regional Wastewater Treatment Facility, with the nearest connection points being along the US 1 & 41st Street frontages, while potable water service is available to the properties from the North and South County Reverse Osmosis Plants, with the nearest connection points being along the US 1 & 41st Street frontages. Transportation System Subject Property 1 Subject property 1 has frontage on U.S. Highway 1 and on 79th Street. In this area, U.S. Highway 1 is a four lane divided road with approximately 120 feet of existing public road right-of-way, and is classified as a Principal Arterial on the Future Roadway Thoroughfare Plan Map. According to the county's comprehensive plan, this segment of U.S. Highway 1 needs a total of between 120 feet and 160 feet of right-of-way for future roadway needs. 79th Street is a local two lane street with approximately 50 feet of existing public road right-of-way, serving approximately 60 lots/parcels (including the Hobart Landing Subdivision). Subject Property 2 Two major roads border the area proposed to be rezoned. The south boundary of Subject Property 2 abuts 415` Street and the west boundary of the subject property abuts US Highway 1. Classified as an urban collector on the County's future roadway thoroughfare plan map, 415` Street is a two lane road with approximately 100 feet of public road right-of-way. Classified as an urban principal arterial on the future roadway thoroughfare plan map, US Highway 1 is a four lane road with approximately 120 feet of public road right-of-way. No improvements to these roads are currently programmed. According to the county's comprehensive plan, this segment of U.S. Highway 1 needs a total of 160 feet of right-of-way for future roadway needs. Zoning District Differences In terms of permitted uses, there are many differences between the CL and OCR districts and the RM -6 district (see Attachments 3 and 4). The respective zoning districts' purpose statements best illustrate the differences between the zoning districts. Those purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: 38? CL: Limited Commercial District: The CL, Limited Commercial district is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. OCR: Office, Commercial, Residential District. The OCR, office, commercial, residential district, is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner which will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls for ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. Multi -Family Residential Districts. The multiple -family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. ANALYSIS In this section, an analysis of the reasonableness of the land use amendment and zoning request will be presented. Specifically, this analysis will address: • . • . • Plan amendment review standards The request's impact on public facilities; The request's consistency with the county's comprehensive plan; The request's compatibility with the surrounding area; and The request's potential impact on environmental quality. Plan Amendment Review Standards Unlike most land use designation amendment requests, this request does not involve an increase in land use density or intensity. As proposed, the request involves a reconfiguration, rather than an expansion, of commercial/industrial nodes. For this reason, the subject request can be characterized differently from most plan amendments. Typically, plan amendments involve increases in allowable density or intensity of development. As such, the typical amendment would result in impacts to public facilities and changes to land use patterns. Consequently, both the county comprehensive plan and state policy dictate that a high standard of review is required for typical plan amendments. This standard of review requires justification for the proposed change based upon adequate data and analysis. The subject amendment, however, differs significantly from a typical plan amendment request. Instead of proposing density or intensity increases, the subject amendment involves only a locational shift in future land uses without an overall increase in land use density or intensity. 3fd Staff's position is that this different type of plan amendment warrants a different standard of review. Since the typical type of amendment can be justified only by challenging the projections, need assessments, and standards used to prepare the original plan, a high standard of review for that type of request is justified. For amendments simply involving shifts in land uses and no intensity/density increase, less justification is necessary. Staffs position recognizes that no single land use plan map is correct, and that many variations including shifts (swaps) in land uses may conform to accepted land use principles and meet established plan policies. In March 1998, the county amended its comprehensive plan to specifically allow future land use map amendments that do not increase the county's overall land use density or intensity. That change was recommended in the county's first adopted Evaluation and Appraisal Report (EAR), which was found sufficient by DCA. EAR based amendments, including that recommendation, were adopted by the county and found "in compliance" by DCA. Since that March 1998 amendment, many land use swap amendments have been approved and successfully implemented. Concurrency of Public Facilities Both Subject Property 1 and Subject Property 2 are located within the County Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for transportation, potable water, wastewater, solid waste, stormwater management, schools, and recreation. Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for compliance with concurrency requirements. For a land use designation amendment and rezoning request, that review is undertaken as part of the conditional concurrency determination application process. According to county concurrency regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. In this case, the subject request is to swap the land use designations and zoning of two properties that are of similar size (slight reduction in size of Commercial/Industrial and slight increase in M-1. Medium Density Residential -1). Consequently, the subject land use amendment and rezoning request is exempt from concurrency review because if approved it would result in a slight decrease in development intensity. It is important to note that adoption of the proposed land use amendment will not have any additional impact on any public facilities or services. As with all projects, a detailed concurrency analysis will be done in conjunction with review of an application for site development. That concurrency analysis will address facility service levels and demand based on a specific development plan. Consistency with Comprehensive Plan Land use amendment requests are reviewed for consistency with all policies of the comprehensive plan. Per the county code, the comprehensive plan may be amended only in such a way as to preserve the internal consistency of the plan. Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map. 3ii Land use amendment requests must be consistent with all applicable policies of the comprehensive plan, including Section 800.07(4)(a) standards of review. A copy of those standards are included as Attachment 5 to this report. With this land use amendment request, staff determined that the request is consistent with the review standards listed in Section 800.07(4)(a). With respect to the goals, objectives and policies, these are the most important parts of the comprehensive plan. Policies are statements in the plan which identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions --including plan amendment and rezoning decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment and rezoning requests. Of particular applicability for this request are the following policies. Future Land Use Element Policies 1.13 and 1.14 Future Land Use Element Policies 1.13 and 1.14 state that the M-1, Medium -Density Residential - 1, land use designation should be within the urban service area and is intended for urban scale residential development with densities up to 8 units/acre. Located within the urban service area, Subject Property 1 is appropriate for residential development with a density of up to 8 units/acre. Since the proposed amendment would allow that type of low density residential development on subject property 1, the proposed amendment is consistent with Future Land Use Element Policies 1.13 and 1.14. Future Land Use Element Policy 1.17 Future Land Use Element Policy 1.17 states that the Commercial/Industrial land use designation should be within the urban service area and in areas that are suitable for urban scale development. Located within the urban service area, the proposed amendment would allow commercial development on Subject Property 2. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.17. Future Land Use Element Policy 1.20 Future Land Use Element Policy 1.20 states that nodes shall be located along roads with functional classifications appropriate to the level of activity. The proposed location for the CII land use designation is at an intersection of a major arterial road and a collector road that both can appropriately serve commercial uses. Therefore, the proposed amendment is consistent with Policy 1.20. Ai Future Land Use Element Policy 1.22 Future Land Use Element Policy 1.22 states that nodes shall have a designated size based on the intended use, service area population, existing land use pattern and other demand characteristics. The amount of CII designated land is based on service area population, the existing land use pattern, and other demand characteristics. The proposed amendment will not alter the amount of C/I designated land but merely shift property designations along US 1 in the central portion of the county. Therefore, the proposed amendment is consistent with Future Land Use Element Policy 1.22. Future Land Use Element Policy 1.23 Future Land Use Element Policy 1.23 states that C/I node configuration shall provide for the most efficient use of land, and of transportation and other public facilities and services, while eliminating sprawl and strip development. Relocating the C/I designation to a more densely developed area near the City of Vero Beach, the Gifford community, and the Hospital district provides for an efficient use of C/I designated land that is responsive to market forces. Future Land Use Element Policy 1.43 Policy 1.43 states that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. The policy also provides criteria for evaluating the appropriateness of a requested zoning district at a particular location. With respect to the site proposed for RM -6 zoning (Subject Property 1), the requested multi -family zoning is appropriate since the site is adjacent to multi -family zoned properties, is in close proximity to commercially zoned properties and the commercially developed and developing Wabasso area, is located along an arterial road, and does not abut single-family areas on all sides. With respect to the site proposed for CL and OCR zoning (Subject Property 2), the requested limited commercial zoning is appropriate since the site is easily accessed from residential areas, is separated from industrial areas, is located at a node perimeter, is located between residential areas, major roadways, and commercial areas, and with respect to the OCR portion, serves as a buffer zone between the existing Pinson Subdivision and the proposed CL. Therefore, the proposed zoning of Subject Property 1 to RM -6 and of Subject Property 2 to CL and OCR meet Policy 1.43 criteria. Future Land Use Element Policy 14.3 Another important policy to consider in plan amendment requests is Future Land Use Element Policy 14.3. That policy requires that one of four criteria be met in order to approve a land use amendment request. Those criteria are: 1. The proposed amendment will correct a mistake in the approved plan; 2. The proposed amendment will correct an oversight in the approved plan; 3gg 3. The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or 4. The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed land use amendment swap meets Policy 14.3's fourth criterion. Therefore, the proposed amendment is consistent with Policy 14.3. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the Urban Service Area through zoning and the LDRs (land development regulations). Since the proposed land use amendment and rezoning will allow development on the subject properties, and those properties lie within the Urban Service Area, the request implements Future Land Use Element Policy 2.2. Summary of Consistency with the Comprehensive Plan While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Consistency with the County Land Development Regulations Rezoning requests must be consistent with all applicable sections of the County Land Development Regulations (LDRs), including Section 902.12(3) standards of review. A copy of those standards are included as Attachment 6 to this report. With this rezoning request, staff determined that the request is consistent with the LDRs, including the review standards listed in Section 902.12(3). Compatibility with the Surrounding Area Subject Property 1 Subject property 1 is designated CII, Commercial Industrial. Although designated CII, the property and adjacent property to the east, designated L-2, Low -Density Residential -2 (up to 6 units/acre), are currently owned by the Indian River Land Trust, Inc., an entity whose mission is to "promote the preservation, conservation and improvement of natural resources and special places in Indian River County, Florida for the benefit of the general public and future generations". To the south is Christ the King Presbyterian Church; a use that is compatible with various residential and commercial zoning districts. To the north the proposed area to be redesignated abuts 79th Street and across 79th Street is C/I designated properties (fronting on U.S. Highway 1) that are zoned CL, Limited Commercial District and L-2 designated properties (east of the CII designated properties) 3gg that are zoned RM -6, residential multi -family (up to 6 units per acre) and contain parcels in the Hobart Landing single-family residential subdivision. To the west is U.S. Highway 1, a major arterial roadway. Since the requested re -designation of the subject property from C/I to M-1 is a lessening of intensity, and since medium density residential is compatible with adjacent commercial and residential uses, the resulting residential designation will be compatible with the uses of the properties to the north, south and east. For these reasons, staff feels that the proposed land use amendment will be compatible with surrounding properties. Subject Property 2 According to county land use policy, sites such as the Schwerin Asset Advisors, LLC property that front on major roads may be appropriate for a CII land use designation. Not all property fronting major roads, however, is appropriate for a commercial land use designation. For that reason, the county has various commercial land use policies. In this case, land to the south of the subject property, across 41' Street, and land to the west, across U.S. Highway 1, are currently designated C/I. Because those properties have a commercial land use designation, there will be no compatibility problems between those properties and the requested C/I land use designation of the subject property. Since the properties to the north and east have an M-1, Medium Density Residential -1 (up to 8 units/acre), land use designation, these properties could potentially be impacted by changing the subject property to commercial. In this case, however, land immediately adjacent to the east, and a large portion of land immediately adjacent to the north/north east is owned by the applicant (Schwerin) and is currently zoned RM -6, Residential -Multifamily (up to 6 units per acre). Looking further east, the subject property is over 600 feet away from the single family developed Casa Bella Subdivision. The proposed combination of CL, Limited Commercial zoning, and OCR, Office, Commercial, residential zoning being considered in conjunction with the land use amendment request will serve as commercial districts that will provide a transition between US 1 and residential properties in the area. With respect to the CL zoning district, that district is intended for limited commercial activity for nearby residents. Limited commercial is considered an appropriate zoning to be located next to multi -family zoning, particularly when any commercial development on the property will be designed to mitigate impacts on adjacent residential properties through the use of setbacks, vegetative buffers, and other design elements. With respect to the northwest corner of the overall property, that property is partially separated from the existing Pinson Subdivision by the right-of- way for 42nd Street. In addition, the proposed OCR, Office, Commercial, Residential zoning district in that area restricts commercial uses even further than the CL, Limited Commercial District. Similar to the CL zoning district, any commercial development on the property will be designed to mitigate impacts on adjacent residential properties through the use of setbacks, vegetative buffers, and other design elements. 3�'� Based on the recent rezoning of similar property to the south (across 41' Street) and concerns expressed from residents of the Casa Bella Subdivision, the applicant was encouraged by County staff to reach out to the Casa Bella Home Owner's Association (HOA) to review the subject land use amendment and rezoning requests. As a courtesy, and based on a request from the Casa Bell HOA to be notified of any proposed zoning changes in the area, staff e-mailed copies of the current and each prior newspaper public hearing advertisement to the HOA prior to publication, and also e-mailed and mailed surrounding property owner letters notifying them of each of the prior and current public hearing. With respect to uses allowed in the OCR and CL zoning districts and potential development in close proximity to the Casa Bella Subdivision, the applicant's attorney informed staff, the Planning and Zoning Commission at the first public hearing, and the Board of County Commissioners at the 2nd public hearing that his client has voluntarily agreed to commit to the Casa Bella HOA to do the following: 1. Place use restrictions in favor of the HOA on Subject Property 2 (same as the private deed restrictions recorded earlier this year for the property at the southeast corner of U.S. Highway 1 and 41st Street) to prohibit certain uses considered objectionable to the Casa Bella Home Owners Association; and 2. Retain residential zoning on the remaining property between the Casa Bella Subdivision and Subject Property 2. Those restrictions are contained in an executed voluntary declaration of restrictions being held in escrow by the County Attorney and is to be recorded if the future land use and rezoning requests are approved. Potential Impact on Environmental Quality Subject Property 1 Subject property 1 is an altered site (previously used for citrus) which contains no environmentally important land, such as wetlands or sensitive uplands. Thus, development of the site is anticipated to have little or no impact on environmental quality. For this reason, no adverse environmental impacts associated with this request are anticipated. Subject Property 2 Subject property 2 is an altered site, which like Property 1 was previously used for citrus. Overall, the environmental impact will be the same for the requested CII, land use designation and the present M-2 land use designation. Therefore, no additional, adverse environmental impacts associated with this request are anticipated. For these reasons, the proposed amendment and rezoning are not anticipated to adversely impact environmental quality. 34h CONCLUSION This request involves two separate and distinct public hearings that require separate and distinct motions. The first public hearing is for the proposed future land use designation swap, and the second is for the rezoning. The BCC will need to hold the public hearing for the land use designation swap first and make a decision on that request. The BCC will then need to hold the 2nd public hearing for the rezoning and then make a decision on that request. The rezoning request is dependent upon approval of the land use designation swap. Both the proposed Future Land Use Map amendment and rezoning request are consistent with the comprehensive plan, compatible with surrounding land uses, and will cause no adverse impacts on the environment or provision of public services. The proposed changes accommodate an efficient land use and zoning pattern and facilitate economic development at a site located close to a highly developed area along US 1 near a major medical node and Gifford. For those reasons, staff supports both requests. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners: 1. Open the public hearing for the proposed land use designation swap, take and consider public comment, close the public hearing, discuss, and approve the proposed amendment to change the land use designation of Subject Property 1 from C/I to M-1 and Subject Property 2 from M-1 to C/I by adopting the attached land use amendment ordinance; and 2. Open the public hearing for the proposed rezoning, take and consider public comment, close the public hearing, discuss, and approve the request to rezone Subject Property 2 from RM -6 to OCR and CL by adopting the attached rezoning ordinance. ATTACHMENTS 1. Summary Pages 2. Land Use Amendment and Rezoning Request Applications 3. Table of Uses for Commercial Zoning Districts 4. Table of Uses for Multi -Family Residential Zoning Districts 5. Section 800.07 — Procedures for Comprehensive Plan Amendments 6. Section 902.12(3) Standards of Review 7. Approved Minutes of the October 11, 2018 Planning and Zoning Commission meeting 8. Approved Minutes of the November 20, 2018 Board of County Commissioners meeting 9. Land Use Amendment Ordinance 10. Rezoning Ordinance 11. Department of Economic Opportunity Review Letter F:\Community Development\Comprehensive Plan Land Use Amendments\Schwerin Asset Advisors & Indian River Land Trust\Staff Reports\BCC Public Hearing #2\BCC FINAL HEARING agenda item - Schwerin and IR Land Trust.docx 3g4 SUMMARY PAGE: Subject Property 1 GENERAL Applicant: Indian River Land Trust, Inc Location: Southeast corner of 79th Street and U.S. Highway 1 Acreage: ±11.59 acres Existing Land Use Designation: C/I, Commercial/ Industrial Requested Land Use Designation: M-1, Medium Density Residential -1 (up to 8 units/acre) Existing Zoning: CL, Limited Commercial District Requested Zoning: RM -6, Multi -Family Residential District (up to 6 units/acre) Existing Land Use: Vacant/Undeveloped ADJACENT LAND North: Home Furnishing Shops/Hobart Landing Sub.; CL and RM -6 Zoning Districts West: Vacant; CH, Heavy Commercial District South: Christ the King Presbyterian Church; CL, Limited Commercial District East: Vacant; RM -6, Multiple -Family Residential District (up to 6 units/acre) INFRASTRUCTURE Water and sewer available ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION STAFF RECOMMENDATION Staff supports the request Subject Property 1- Indian River Land Trust, Inc Land Use Designation Amendment Reques To Change Land Use Designation for +/-11.59 Acres C/I to M-1 Subject Property 1- Indian River Land Trust, Inc. Rezoning Request Vis) CG RM -6 To Rezone +/- 11.59 Acres CL to RM -6 CH CH IG — \ `-77"smer CL iiTTTFT Cl RM -6 RM -6 Attachment 1 Planning and Zoning Commission Board of County Commissioners Board of County Commissioners Staff Contact: Bill Schutt Bill Schutt Bill Schutt Date Advertised: September 9, 2018 November 4, 2018 February 17, 2019 # of Surrounding Property Owner Notifications: 46 46 46 Date Notification Mailed: September 10, 2018 November 5, 2018 February 18, 2019 Date Sign Posted: September 10, 2018 November 5, 2018 February 18, 2019 STAFF RECOMMENDATION Staff supports the request Subject Property 1- Indian River Land Trust, Inc Land Use Designation Amendment Reques To Change Land Use Designation for +/-11.59 Acres C/I to M-1 Subject Property 1- Indian River Land Trust, Inc. Rezoning Request Vis) CG RM -6 To Rezone +/- 11.59 Acres CL to RM -6 CH CH IG — \ `-77"smer CL iiTTTFT Cl RM -6 RM -6 Attachment 1 SUMMARY PAGE: Subject Property 2 GENERAL Applicant: Schwerin Asset Advisors, LLC Location: Northeast corner of 41st Street and U.S. Highway 1 Acreage: ±11.44 acres Existing Land Use Designation: M-1, Medium Density Residential -1 (up to 8 units/acre) Requested Land Use Designation: C/I, Commercial/Industrial Existing Zoning: RM -6, Multi -Family Residential District (up to 6 units/acre) Requested Zoning: CL, Limited Commercial District (± 10.61 Acres); OCR, Office, Commercial, Residential District (± 0.83 Acres) Existing Land Use: Vacant ADJACENT LAND North: Vacant/Pinson Sub.; RM -6, Multi -Family Residential District (up to 6 units/acre) South: 41st Street and Vacant; CG, General Commercial District East: Vacant; RM -6, Multi -Family Residential District (up to 6 units/acre) West: U.S. Highway 1, Gas Station & Retail; CG, General Commercial District INFRASTRUCTURE Water and sewer available ENVIRONMENTAL CONSTRAINTS None PUBLIC NOTIFICATION STAFF RECOMMENDATION Staff supports the request Subject Property 2 - Schwerin Asset Advisors, LLC Land Use Designation Amendment Request To Change Land Use Designation for +/- 11.44 Acres M-1 to C/I NAP cn Ur Subject Property 1- Schwerin Asset Advisors, LLC Rezoning Request CH RM_s N To Rezone +1- 10.61 Acres RM -6 to Cl. RM -6 Attachment 1 Planning and Zoning Commission Board of County Commissioners Board of County Commissioners Staff Contact: Bill Schutt Bill Schutt Bill Schutt Date Advertised: Sept. 9, 2018 November 4, 2018 February 17, 2019 # of Surrounding Property Owner Notifications: 17 17 17 Date Notification Mailed: September 10, 2018 November 5, 2018 February 18, 2019 Date Sign Posted: September 10, 2018 November 5, 2018 February 18, 2019 STAFF RECOMMENDATION Staff supports the request Subject Property 2 - Schwerin Asset Advisors, LLC Land Use Designation Amendment Request To Change Land Use Designation for +/- 11.44 Acres M-1 to C/I NAP cn Ur Subject Property 1- Schwerin Asset Advisors, LLC Rezoning Request CH RM_s N To Rezone +1- 10.61 Acres RM -6 to Cl. RM -6 Attachment 1 392 t. APPLICATION FORM • fut. L 4 LAND USE DESIGNATION AMENDMENr(LUDA)`1 ''118 018 INDIAN RIVER COUNTY i ,.1�,„D l,�p' XI� ry Planning Division accepts Land Use Designation Amendment applicationsi.on`Iy dur ngthe ::.• • months of January, April, July and October of each year unless "it'is, a small scalexlanduse amendment (less than 10 acres). Each application must be complete;henesubmitted and must include all required attachments. An incomplete application will-aot"be processed" and will be returned to the applicant. Assigned Project Number: LUDA - n DU / ( 1 % (- 9/l) 6 5 Signature of Owner or Agent: f ` Property Information SiteAddress:Not Assigned: N.E. Corner of 41st Street and U.S. Highway 1 6-q t Site Tax Parcel I.D. #s: 32-39-26-00000-1000-0000: ;6.0; 7. 1, W, ?0,11„,,i- * f i -LqJ L Uc 32-39-26-00000-3000-00065.0;00066.0 x,11(" Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Land Use Designation: FI -1 Requested Land Use Designation: C/I Existing Zoning District: RM -6 C L — to, 4( Ats-es 4 Requested Zoning District: e'so CR - 0911 Rues ��� Total (gross) Acreage of Parcel: 11,9 11,LI-13.1-1 - Acreage (net) to be Amended: T "' % 1.437 Existing Use on Site: Vacant Proposed Use on Site: Develop consistent with zoning APPLICANT(S) MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. 393 Current Owner Applicant (Contract Purchaser) Agent Name: Schwerin Asset Advisors, LLC c/o Collins, Brown,Barxett 756 Beachland Blvd N/A Bruce Barkett: Collins, Brown, Barket 756 Beachland Blvd. Vero Beach, FL 32963 Complete Mailing Address: Phone # (including area code) vero Beath, FL 32963 (772) 231-4343 (772) 231-4343 Fax # (including area code) E -Mail: villam5@aol.com bbarkett@verolaw.com Contact Person: Warren Schwerin\ Bruce Barkett Signature of Owner or Agent: f ` Property Information SiteAddress:Not Assigned: N.E. Corner of 41st Street and U.S. Highway 1 6-q t Site Tax Parcel I.D. #s: 32-39-26-00000-1000-0000: ;6.0; 7. 1, W, ?0,11„,,i- * f i -LqJ L Uc 32-39-26-00000-3000-00065.0;00066.0 x,11(" Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Land Use Designation: FI -1 Requested Land Use Designation: C/I Existing Zoning District: RM -6 C L — to, 4( Ats-es 4 Requested Zoning District: e'so CR - 0911 Rues ��� Total (gross) Acreage of Parcel: 11,9 11,LI-13.1-1 - Acreage (net) to be Amended: T "' % 1.437 Existing Use on Site: Vacant Proposed Use on Site: Develop consistent with zoning APPLICANT(S) MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. 393 APPLICATION FORM LAND USE DESIGNATION AMENDMENT (LUDA) INDIAN RIVER COUNTY Planning Division accepts Land Use Designation Amendment applications only during the months of January, April, July and October of each year unless it is a small scale land use amendment (less than 10 acres). Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: LUDA Signature of Owner or Agent: Properti, Information Site Address: 7810 U.S. Hwy 1, Vero Beach, FL 32967 q — Site Tax Parcel LD. #s: 31-39-00000-0050-00006/0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Land Use Designation: C/ I Requested Land Use Designation: 14-1 Total (gross) Acreage of Parcel: 11.59 Existing Use on Site: Proposed Use on Site: Vacant Existing Zoning District: CG Requested Zoning District: RM -6 Acreage (net) to be Amended: 11.59 Vacant APPLICANT(S) MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. t394 Current Owner Applicant (Contract Purchaser) Agent Name: Indian River Land Land Trust, Inc. Bruce Barkett: Collins, Brown, Barket Complete Mailing Address: 80 Royal Palm Pointe Suite, 301, Vero Beach, 756 Beachland Blvd Vero Beach, FL 32963 Phone # (including area code) FL 32960 (772)794-0701 (772)231-4343 Fax # (including area code) E -Mail: kgrudens@IRLT.org bbarkett@vero aw.com Contact Person: Ken Grdens Bruce Barkett Signature of Owner or Agent: Properti, Information Site Address: 7810 U.S. Hwy 1, Vero Beach, FL 32967 q — Site Tax Parcel LD. #s: 31-39-00000-0050-00006/0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Land Use Designation: C/ I Requested Land Use Designation: 14-1 Total (gross) Acreage of Parcel: 11.59 Existing Use on Site: Proposed Use on Site: Vacant Existing Zoning District: CG Requested Zoning District: RM -6 Acreage (net) to be Amended: 11.59 Vacant APPLICANT(S) MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. t394 REZONING REQUEST (RZON) APPLICATION FORM'--% !► it 'n18 INDIAN RIVER COUNTY:?,!;.::11:14.1)8 �i�'7�F{ Each application must be complete when submitted and must include4al,l`� requ.ife�d!VT attachments. An incomplete application will not be processed and will be retur'n,ed to the (— Assigned applicant.0 tj� Assigned Project Number: RZON - Z- 66 6 b S / 0/ / 8 /0 S" h c., Signature of Owner or Agent: Site Address: Property Information 7810 U.S. Highway 1, Vero Beach, FL 32967 Site Tax Parcel I.D. #s: 31-39-00000-0050-00006/0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Zoning District: CG Existing Land Use Designation: C/I Requested Zoning District: RM -6 Total (gross) Acreage of Parcel: Existing Use on Site: Vacant 11.59 Acreage (net) to be Amended: 11.59 Proposed Use on Site: Vacant A i Iicant applying. s must attend a i re -a I i lication conference with Lon -Ran e Pl.annin Section staff i rior to 395 Current Owner Applicant (Contract Purchased Agent Name: Indian River Land Trust, Inc. Bruce Barkett: Collins, Brown, Barkett Complete Mailing Address: 80 Royal Palm Pointe " Suite 301, Vero Beach, FL 32960 756 Beachland Blvd. Vero Beach, FL 32963 Phone #: (including area code) (772) 794-0701 (772)231-4343 Fax #: (including area code) E -Mail: kgrud ns@IRLT.org bbarkett@verolaw.com Contact Person: Ken G ydens \ r. Bruce Barkett Signature of Owner or Agent: Site Address: Property Information 7810 U.S. Highway 1, Vero Beach, FL 32967 Site Tax Parcel I.D. #s: 31-39-00000-0050-00006/0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Zoning District: CG Existing Land Use Designation: C/I Requested Zoning District: RM -6 Total (gross) Acreage of Parcel: Existing Use on Site: Vacant 11.59 Acreage (net) to be Amended: 11.59 Proposed Use on Site: Vacant A i Iicant applying. s must attend a i re -a I i lication conference with Lon -Ran e Pl.annin Section staff i rior to 395 „Jul_ -1i8 REZONING REQUEST (RZON) APPLICATION FORM 0;r1 rf- - PErTivE0 INDIAN RIVER COUNTY Each application must be complete when submitted and must include allxeitiidm attachments. An incomplete application will not be processed and willbe returk4lt9 the applicant. iLr3 01 • Assigned Project Number: RZON aeooioilo/2)- Signature of Owner or Agent: Site Address: Property Information Not Assigned: N.E. Corner of 41st Street and U.S. Highway 1, Vero Beach, FL Site Tax Parcel LD. #s: 32-39-26-00000-1000-0000: 6.0;7.1; Part of 7.0 32-39-26-00000-3000-00065.0;0;00066.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Zoning District: RM -6 CL - 10.61 Acres Requested Zoning District: OCR - .827 Acres Total (gross) Acreage of Parcel: 11.437 Existing Land Use Designation: M-1 Acreage (net) to be Amended: 11.437 Existing Use on Site: Vacant Proposed Use on Site: Develop consistent with zoning Applicant(s) must attend a pre -application conference with Long -Range Planning Section staff prior to applying. 1396 Current Owner Applicant (Contract Purchaser) Agent Name: Schwerin Asset Advisors, LLC Bruce Barkett: Collins, Brown, Barkett Complete Mailing Address: c/o Collins, Brown, Barkett 756 Beachland Blvd. 756 Beachland Blvd. Vero Beach, FL 32963 Phone #: (including area code) Vero beacn, f -L 629eiU (772)231-4343 - . (772)231-4343 Fax #: (including area code) E -Mail: vflIan5@aoJ.com bbarkett@verolaw.com Contact Person: Warr chwerin I, Bruce Barkett Signature of Owner or Agent: Site Address: Property Information Not Assigned: N.E. Corner of 41st Street and U.S. Highway 1, Vero Beach, FL Site Tax Parcel LD. #s: 32-39-26-00000-1000-0000: 6.0;7.1; Part of 7.0 32-39-26-00000-3000-00065.0;0;00066.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Zoning District: RM -6 CL - 10.61 Acres Requested Zoning District: OCR - .827 Acres Total (gross) Acreage of Parcel: 11.437 Existing Land Use Designation: M-1 Acreage (net) to be Amended: 11.437 Existing Use on Site: Vacant Proposed Use on Site: Develop consistent with zoning Applicant(s) must attend a pre -application conference with Long -Range Planning Section staff prior to applying. 1396 Indian River County Land Development Regulations TABLE OF USES - Section 911.10 — Commercial Districts (4) Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director. + l District 4 PRO OCR MED r CN CL CG CH 1 Agriculture Agricultural Production Horticultural and landscape plants and specialties P P P Kennels and animal boarding - - - - - A A Pet -grooming (no boarding) - - - - P P P Agricultural Services Landscape services - - - - P P Commercial fishery - - A P Commercial Construction General building contractors/special trade contractors/construction yards ° Finance, Insurance, Real Estate, Legal Services 397 398 District PRO OCR ' jf MED CN CL CG CH 1 Banks and credit institutions - P 1 - P P P - Small-scale banks and credit institutions A P - P P P P Security and commodity brokers P P - P P P - Insurance agents, brokers and service P P - P P P - Automatic teller machines - P P P P P - Real Estate P P - P P P - Holding and other investment offices P P - P P P - Legal services P P - P P P - Services Lodging facilities hotels and motels - P P - P P Boardinghouses - A - A A P - Bed and breakfast P A A A A A - Membership based hotels - - - - - P - Personal Services Laundries and Laundromats (excluding drycleaners) P P P Garment pressing and drycleaners drop- off/pickup - - - P P P - Linen supply - - - - -- - --- - - -- — — -- - P P 398 t District ----- - - r 1 PRO I OCR , MED CN CL 1I CG CH Carpet and upholstery cleaning - - ° i - - - P P Drycleaning plants - - - - - - P Photographic studios - A - P P P - Beauty shops s - A - P P P - Barbershops - A - P P P - Shoe repair - A - P P P - Funeral homes - - - - - i P t - Funeral chapels - - - - P P t - Crematoriums - - - - - { P P Business Services Advertising P P - - P f P P Credit reporting and collection P P - P P P Mailing, reproduction and stenographic services - P - - P P P Equipment rental and leasing - - - - P P P Employment agencies P P - - P P P Help supply services - - - - - P P Computer and data processing P P - - P + P P 399 400 District I PRO OCR ' MED CN j1 Ls CL i CG f CH 1 i Bail bondsman - - - - P P P General and professional office ° P P - P P P - Auto Repair, Services and Parking Automotive rentals - - - - - ; 4 P P Automobile parking and storage - - - - - 1 P P Body and paint shops - - - - - - P General automotive repair - - - - - ; P P Carwashes - - - - P i P P Automotive fluid sales and services (other- than gasoline) - - - A P P Miscellaneous Repair ' Electrical repair - - - - P P P Watch, clock, jewelry - - - - P , i P P Reupholsters and furniture - - P Welding - - - - - - P Motion Pictures Production and distribution services - - - - - P P Motion picture theaters f P P - 400 401 District 1 PRO OCR MED CN CL CG CH 1 Drive in theaters (unenclosed commercial amusement) - - - - S Video tape rentals - - - P P P - Amusement and Recreation E i Dance studios, school and halls, gyms - - P P P Theatrical production including music - - - - P P - Enclosed commercial amusements - - - - P P P Unenclosed commercial amusements except miniature golf courses and driving ranges - - - - S Health and fitness centers - - - A P P P Membership sports and recreation - - - - P P P Coin-operated amusements - - - P P P - Miniature golf courses - - - - - S A Driving ranges - - - - - A A Health and Medical Services Offices and clinics P P P P P P - Total care facilities - - P - - - - Hospitals P - - - - Medical and dental laboratory - - P - P P - 401 402 District PRO OCR MED CN CL CG CH 1 Home health care services - - P - P P - Specialty outpatient clinics - - P - P P Veterinarian clinic - - 1l { A A A Wholesale Trade Durable goods (not including demolition debris site, junkyards, recycling center) P Nondurable goods - - - - - - P Recycling center (including vegetation debris mulching) - - - - A Retail Trade Convenience stores - - - P P P P Building materials and garden supplies - - - - - A P Paint, glass and wallpaper stores - - - - P P P Hardware stores - - - - P P P Retail nurseries and garden supplies - - - - P P P Model mobile home display - - - - - A P Mobile home trailer sales - - - - - - A General Merchandise Department stores - - - - A P - 402 403 District PRO OCR MED ! CN CL R CG CH 1 Variety stores - - - - A P - Flea market - - - - - - A Auction facilities, unenclosed - -- - - - A Auction facilities, enclosed - - - - - P P Used merchandise (including pawn shops) - - - - P P P Food Stores Grocery stores - - - P P 1 3 P - Meat and fish markets - - ( - P P + P - Fruit and vegetable markets - - - P P ( 4 P - Candy, nut and confectionery stores - 7 - P P P P Dairy product stores - - - P P P - Retail bakeries - - - P P P - Automotive Dealers and Services New and used cars dealers - - - - - P P Used vehicle sales - - - - - S A Auto and home supply stores -- - - P P P Gasoline service stations -- - - A i P P Boat sales and rentals - - - - - ' A P 403 404 District PRO OCR MED CN CL CG 1 CH 1 Recreational vehicle sales - - - - - A A Motorcycle dealers - - - - - P P Automotive fuel sales - - - A A P P Commercial marina - - - - - A P Marine repair and service - - - - - A P Apparel and Accessory Stores - - - P P P - Furniture and Home Furnishings Furniture and home furnishing stores - - I j{ - - A P P Small-scale home furnishings showrooms (excluding furniture and major appliances) - A - - P P P Household appliance stores - - - - A P P Radio, television and computer stores - - - P P P - Eating and Drinking Establishments Restaurants - - A P P P P Carry out restaurants - A A P P P P Drive through restaurants - - P P Bars and lounges - - - - S P P Bottle clubs - - - - - S A i 404 405 District PRO OCR MED i. CN CL CG CH 1 Miscellaneous Retail Drug stores - - P A P P - Liquor stores - - - P P P - Miscellaneous shopping goods - - - - P P - Florists - - P P P P - News stands- - P P P P - Sporting goods - - - - P P - Optical goods - - P P P P - Gift stores ' - - P P ll P P - Book and card store - - P P P P - Catalogue and mail order house - - - -- P P Fuel Dealers - - `; - - I - P P Food and Kindred Products - - - -- - P Fruit and vegetable packing houses - - -- - i A A Fruit and vegetable juice extraction - - - - - - A Community Services 1 f Educational Services Educational centers including primary and ,- 1 A A A A A- 405 406 District PRO f OCR t MED CN CL CG CH secondary schools Colleges and universities - A A - A A - Libraries A A A A P P - Vocational, technical and business - P P -- P P 1 I P - Institutional Individual and family services - - P P+ P Job training services - - - - P P P Child care and adult care A A P A P P - Homes for aged, including nursing homes and rest homes A - S S Residential treatment center - - P - S S S Place of worship P P - - P P P Group homes (residential centers) - - P - S ! S S Adult congregate living facility (21+ residents) - - P - S S S Cultural and Civic Facilities P P L A - P , P - Civic and social membership organizations - - A - P P - Public Administration f{ Government administrative buildings A P 1 A P P P - 406 407 District PRO OCR i MED CN 1 CL r CG CH 1 Courts - - t 1 - - P P - Emergency services P 1 P i P P P P P Industrial Printing and publishing - - - - - - P Machine shops - - - - - - P Chemicals and Plastics Rubber and plastic footwear - - - - - - P Hose, belts, gaskets packing - - - - - - P Assembly production (not including manufacturing) - P Transportation and communication Railroad/Bus Transportation Services Local and suburban transit - - - - - P P Trucking and courier services - - - - - - P Commercial warehousing and storage - - - - - - P Moving and storage - - - - - - P Trucking terminals - - - - - - P Self-service storage facilities - 1 - - - S A P 407 408 District PRO OCR 1 MED ( CN l CL CG CH 1 Outdoor storage - 1 - - - - A Vehicle storage lot (paved/unpaved) 3 - - 1 - - - - P Post Office P P P P P P P Water transport services - - _ - - - P Air transport services - - - - - - P Pipelines - - - - - - P Heliport/helipad - - S - - S - Recycling centers - - - - - - A Travel and tour agencies - P- - P P - Freight transport arrangement - P- - - P P Communications Telephone and telegraph - P - - P P P Radio and television broadcasting - P - - P P P Cable and pay T.V. - P _ _ 1 p p p Communications towers (wireless facilities) A 5 A 5 A 5 A 5 A 5 A 5 A 5 Communications towers (non -wireless facilities) ° Amateur radio (accessory use) 408 409 District , PRO OCR ; MED CN CL CG CH 1 Less than 80 feet P P P P P � P P 80 feet or taller (see 971.44(4) for special criteria) S S S S i S S S Commercial Up to 70 feet: Camouflaged P P P P P P P Non -camouflaged P P P P P P P 70 feet to 150 feet: Camouflaged A A A A A A A Monopole (minimum of 2 users) A A A A A A A Not camouflaged and not monopole S S S S S S S Over 150 feet: All tower types (see 971.44(1) for special criteria) Public and private utilities, limited A A A A A A A Public and private utilities, heavy - - - - - - S Residential Uses Single-family dwelling P P - - - - - Duplex P P - - - - - 409 P = Permitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 410 District PRO OCR MED CN CL CG CH 1 Multifamily dwelling P P A A A A - Accessory housing (watchman) - - - - - - P P = Permitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in subsection 954.08(6). 4 Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met: • All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. • The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. • Except for vehicle parking, all uses shall be conducted within an office building. 5 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 410 Indian River County Land Development Regulations TABLE OF USES - Section 911.08. — Multi -family Residential Districts (4) Uses. Uses in the multiple -family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings. 411 District Uses RM -3 ; RM -4 RM -6 RM -8 1 RM -10 Agricultural Noncommercial nurseries and greenhouses A A A A A Noncommercial stables A A A A A Residential Accessory single-family dwelling unit A A A j A A Small lot single-family subdivision - - A A A Single-family dwellings P P P P P SF dwelling (attached) P P P P P Duplex P P P P P Multifamily dwellings P P P P P Single-family docks and private observation/fishing piers on vacant lots A A A A A Uses RM -3 RM -4 RM -6 { RM -8 RM -10 Bed and breakfasts S S S A A Residential resort - - S S S 411 412 District Uses RM -3 RM -4 RM -6 RM -8 RM -10 Guest cottage and servant's quarters A A A A A Small-scale Traditional Neighborhood Design (TND) A A A A A Institutional Child or adult care facilities S S S A A Foster care facilities P P P P P Group home (level I) A A A P P Adult congregate living facility (8 residents maximum) A A A i P P Group home (level II & III) S S S A A Adult congregate living facility (20 residents maximum) S S S A A Group homes (residential centers) S S 1 S S S Adult congregate living facility (21+ residents) S S S S S Residential treatment centers - - - S S Total care facilities 1 -- - S S Places of worship S S S A A Cemeteries S S S 5 S Community Service -- - - � - - -- - 412 413 District Uses RM -3 RM -4 RM -6 RM -8 RM -10 Cultural and civic facilities - - - S S Emergency services P P P P P Schools, primary and secondary S S S S S Colleges and universities S S S S S Libraries S S S S S Community centers S 5 S A A Government administrative buildings S S S S S Civic and social membership organizations - - - S S Recreation Beach clubs S S S S _ S Country clubs S S S ( S S Golf courses S S S S S Public parks and playgrounds A A A A A Tennis facilities S S 5 S S Yacht clubs S S S S S Health and fitness clubs S S A A A Public/private docks 5 S S S S - --- Utility - f 413 414 District Uses RM -3 RM -4 I l RM -6 RM -8 RM -10 Communications towers (wireless facilities including cell towers) A1 A l A' A l A l Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged -- - - - 70 feet to 150 feet: Camouflaged A A ` A I A A Monopole (minimum of 2 users) - - - - - Not camouflaged and not monopole - - - - Over 150 feet: All tower types (see 971.44(1) for special criteria) - - Limited public and private utilities S S S S S 414 P - Permitted use A - Administrative permit use S - Special exception use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 415 District 'Uses RM-3 1 RM-4 J RM-6 RM-8 I RM-10 Public andprivate utilities heavy - — S 5 I S S S P - Permitted use A - Administrative permit use S - Special exception use 1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table. 415 Section 800.07. - Procedures for comprehensive plan amendments. (1) The procedure for amendment of an adopted comprehensive plan or element shall be as set forth in F.S. § 163.3184 as amended. Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan. The county shall transmit copies of any amendments of its adopted comprehensive plan to the department of economic opportunity (DEO). (2) The county, a property owner, or an interested party may initiate comprehensive plan amendments pursuant to F.S. § 163.3184 and 163.3187, as amended. (3) The steps outlined below are the procedural requirements which are to be followed when the county receives a petition to amend the county's comprehensive plan including future land use map or text of the comprehensive plan. (a) The community development department shall provide a notice on the county website stating that the community development department is accepting petitions for amendments to the comprehensive plan. (b) Applicant(s) must attend a pre -application conference with long-range planning section staff prior to applying for a comprehensive plan amendment. Applications to amend the future land use map of the comprehensive plan may be submitted by the owner or owner's agent of property proposed for amendment. The community development department shall initiate the evaluation of amendment requests by reviewing each application for adequacy and completeness. The application will not be considered complete until the following items have been submitted: 1. Notarized letter of authorization if applicant is other than the owner; 2. Verified statement naming every individual having legal or equitable ownership of the subject property; 3. Warranty deed; 4. Title insurance or attorney's opinion of title; 5. Sealed survey of the property that is the subject of the future land use map amendment and shall include a legal description, property size, and adjacent public right-of-way. 6. Written statement discussing the proposed amendment, presenting the amendment's consistency with the comprehensive plan, impacts on public facilities and services, environmental impacts, and compatibility with the surrounding area; 7. Existing zoning and land use of parcel; 8. A valid concurrency determination certificate or an application for concurrency determination certificate; and 9. Electronic version of the survey and legal description; and 10. Applicable fee(s). (c) Within fifteen (15) working days of receipt of the application, the community development department shall transmit a letter or an e-mail to the applicant notifying him that the application is complete or identifying those items required to make the application complete. (d) If the comprehensive plan amendment is a land use map amendment, the community development department shall review the application to see if the proposed land use conforms to existing zoning. If it does not conform, the community development department shall forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. 416 If a rezoning is necessary, the community development department shall schedule the review process and required public hearings simultaneously with the land use amendment request. (e) The community development department shall prepare a location map for the requested land use amendment. The department shall also prepare an existing and proposed land use map and zoning map, and aerial photographs map. These maps shall delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within three hundred (300) feet of the subject property. This information will be obtained from the survey and supporting information submitted by the applicant. Incomplete applications shall be returned to the applicant with a list of deficient items. (f) [(4)� Review of the complete application shall begin by completing the following steps for the public hearing before the planning and zoning commission' (a) After the application is complete, the community development department shall review it for reasonableness. The community development department shall determine whether the roposed land use amendment is compatible with the surrounding land uses and whether it wily 'comply with the intent of the land use element of the comprehensive plan as well as the intent o f the other elements of the comprehensive plan. The following items shall be evaluated during the review process: 1. The impact of the land use amendment on the traffic circulation and street conditions in they county; The impact of the land use amendment on the county utilities. For the purpose of this review, utilities shall include public water, wastewater, and solid waste facilities; 3. The impact of the land use amendment on the other services and facilities which have, -established levels of service such as drainage, parks, and educational facilities; The impact of the land use change on the county's environmental quality. This shall include, but not be limited to, an evaluation of the effects on environmentally sensitive land,1 groundwater quality, flood control, existing vegetation and agricultural land; 5. The impact of the proposed land use amendment upon any particular need in the count Such as housing, agricultural production, special commercial or industrial needs, and others needs as applicable; Proximity and potential impact for other services such as, police protection, fire protection? wand emergency medical services;` 7. Compatibility of proposed land uses with existing uses and land use designations of surrounding properties. (b) The community development department shall make an initial recommendation on each amendment request. A staff report including this recommendation shall be prepared as an agenda item for planning and zoning commission review. (c) The community development department shall compose a title for an ordinance to amend the comprehensive plan. This ordinance shall be all inclusive, containing each individual request submitted for that submittal period. (d) The community development department shall prepare a public notice of the time, date, and place of the planning and zoning commission meeting at which the public hearing to consider recommendations on the proposed amendment will be held. This public hearing notice must be published at least fifteen (15) days prior to the date of the public hearing. All public notices for concurrent rezonings will be scheduled for the same meeting as the public hearing for amending the plan. (e) The community development department shall prepare rezoning signs containing a copy of the notice of the public hearing and a location map. These signs shall be posted on the property being rezoned. 417 (f) (g) Courtesy letters shall, to the extent feasible, be sent to all property owners within three hundred (300) feet of the land involved in land use changes, describing the location of the proposed change and the time, date, and place of the public hearing before the planning and zoning commission. This step may be waived for requests involving more than five (5) percent of the total land area of Indian River County, as determined by the community development director. After the public hearing, the planning and zoning commission will make a recommendation concerning each comprehensive plan amendment request to the board of county commissioners. (h) The community development department shall send a letter or an e-mail to all applicants informing them of the outcome of the planning and zoning commission meeting. (5) The next public hearing is the "transmittal" public hearing before the board of county commissioners. (a) The community development department shall send a notice of the public hearing to the board of county commissioners (BCC) of the comprehensive plan amendments which have been received and identify the date of the public hearing at which the board will review these amendments. (b) The community development department shall prepare an agenda item for each comprehensive plan amendment request. This item must include the recommendations of the planning and zoning commission. Also to be prepared is a resolution for the board of county commissioners to authorize transmittal of approved amendments to the department of community affairs for review. This resolution shall be accompanied by a brief agenda item outlining the amendment procedures. (c) The community development department shall send courtesy letters to all owners of property involved in the amendment. This letter must state the proposed amendment, a general description of the area involved, and the time, place, and date of the board of county commissioners meeting. This step may be waived for requests involving more than five (5) percent of the total land area of Indian River County, as determined by the community development director. (d) The community development department shall, to the extent feasible, send all surrounding property owners within three hundred (300) feet of the subject property letters of notification of scheduled public hearings. This letter shall state that "no final action will be taken on this request at this meeting," and shall include a general description of the area involved, the time, place, and date of the public hearing. This step may be waived for request involving more than five (5) percent of the total land area of Indian River County, as determined by the community development director. (e) The community development department shall prepare plan amendment signs containing a copy of the notice of public hearing and the location map. This sign should read "ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION WILL BE TAKEN AT THIS MEETING." The sign shall be posted on the property requesting comprehensive plan land use amendment. (f) The community development department shall prepare a legal notice of the transmittal public hearing before the board of county commissioners; this notice shall contain the title of the ordinance amending the comprehensive plan and shall state that this meeting is to consider transmittal of the amendments to the state and regional review agencies. The notice shall state that "ALTHOUGH A VOTE ON WHETHER TO TRANSMIT THE AMENDMENT TO THE STATE AND REGIONAL REVIEW AGENCIES WILL BE TAKEN, NO FINAL ACTION WILL BE TAKEN AT THIS MEETING." This notice shall be located in Section A of a newspaper of general circulation. The notice shall be no less than two (2) columns by ten (10) inches in size, and the headline of the advertisement must be in type no smaller than eighteen -point. 418 (g) The advertisement must be accompanied by a map showing the geographic location of all areas involved in the amendment to the land use map. This public hearing notice shall be published approximately seven (7) days prior to the date of the transmittal public hearing. The community development department will present each item to the board of county commissioners. The board shall consider the transmittal of each amendment of the comprehensive plan to the state and regional review agencies. Any amendment for which the board denies transmittal is automatically denied. If an amendment which has been denied transmittal includes a concurrent rezoning, that rezoning is also automatically denied. At the end of the public hearings, the board will announce their intention to hold an adoption public hearing to consider those plan amendment applications transmitted to state and regional review agencies. (6) The next step is the state and regional review agencies' review of the comprehensive plan amendments. (7) (a) Within five (5) working days after the board has determined which amendments will be transmitted to the state and regional review agencies, the community development department shall prepare a transmittal letter of all approved amendments. The DEO letter shall be accompanied by one (1) paper copy and two (2) compact disks (CD) or other similarformat accepted by DEO of each amendment approved for transmittal. The transmittal letter shall contain a brief description of all action taken to date, and the contact person for the county who will be familiar with the amendment request. The adoption public hearing will be before the board of county commissioners. (a) The community development department, after receiving comments from state and regional review agencies shall schedule the amendments for the adoption public hearing before the board of county commissioners. The community development department shall send a notice of the public hearing to the board of county commissioners (BCC) of the comprehensive plan amendments and identify the date of the public hearing at which the board will consider these amendments. The community development department shall ensure that the public hearing date for concurrent rezonings coincides with the date for the public hearing before the BCC for related comprehensive plan amendments. The community development department shall notify property owners of the public hearing for rezonings prior to the meeting of the board. (b) The community development department shall, to the extent feasible, send courtesy letters to all owners of property involved in a land use amendment. This letter will state the date, time and general location of the area involved in the amendment. Surrounding property owners (SPOs) letters will also be sent for concurrent rezoning requests. This step may be waived for request involving more than five (5) percent of the total land area of Indian River County, as determined by the community development director. (c) The community development department shall revise the comprehensive plan amendment agenda item presented to the board of county commissioners for consideration at the transmittal hearing to reflect the action taken at the first BCC meeting and include any comments from state and regional review agencies. (d) The community development department shall prepare and publish the standard public notice for concurrent rezonings. The community development department shall also prepare a public notice for the adoption public hearing before the board. This public notice shall contain all information items contained in the notice prepared for the transmittal public hearing, including maps. This notice shall be published approximately five (5) days prior to the adoption public hearing. 419 (e) The community development department shall prepare a land use amendment and rezoning sign and post the sign in the same manner as required for the public hearings before the planning and zoning commission. The community development department shall present each item to the board of county commissioners. The board of county commissioners shall then make its final decision regarding each amendment request. The board of county commissioners will approve plan amendments only if at least one (1) of the following criteria has been met: 1. The proposed amendment will correct an oversight in the adopted plan. 2. The proposed amendment will correct a mistake in the adopted plan. 3. The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property. 4. The proposed future land use amendment involves a swap or reconfiguration of a land use designation at a separate site or sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the future land use map. The community development department shall prepare an action letter to each applicant informing him of the final decision of the board. (8) The community development department shall forward the adopted comprehensive plan amendments to the DEO and other state and regional review agencies. (a) The community development department shall, within ten (10) working days of the comprehensive plan approval, prepare a transmittal letter to the DEO for the transmittal of all approved amendments. The letter shall be accompanied by one (1) paper copy and two (2) compact disks (CD) or other similar format accepted by DEO of the agenda item for each approved amendment, and copies of the executed ordinance amending the comprehensive plan. The letter shall contain a review of all action which occurred prior to final transmittal, and the name of the contact person for the county who is familiar with the amendment. (b) The community development department will make all changes to the future land use map, comprehensive plan text, the zoning atlas and any other reference maps to reflect all approved concurrent rezonings. (c) The amendment becomes effective thirty-one (31) days after the state land planning agency (DEO) determines that the amendment package is complete, unless a challenge is filed by an affected party. Local plan or amendment compliance process. The compliance process shall be according to F.S. § 163.3184(9) as amended. (f) (g) (9) (Ord. No. 90-22, § 1, 9-18-90; Ord. No. 2015-016, § 2, 10-20-15) 420 Section 902.12. - Amendments to the land development regulations text and official zoning atlas. (1) Purpose and intent. The purpose of this section is to provide a means for changing the text of the land development regulations or the official zoning atlas. It is not intended to relieve particular hardships or confer special privileges or rights to any person. (2) Changes and amendments. The board of county commissioners may from time to time, on its own motion, the motion of the Indian River County Planning and Zoning Commission, or the petition of the owner or the owner's authorized agent, amend, supplement, change, modify, or repeal by ordinance, pursuant to the authority and in the manner provided herein, any of the provisions of the land development regulations or any boundaries within the zoning atlas. Standards of review? In reviewing the application of a proposed amendment to the text of the land development regulations or an application for a proposed amendment to the official zoning atlas, the board of county commissioners and the planning and zoning commission shall consider: ,(a) Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations; (b) Whether or not the proposed amendment is consistent with all elements of the Indian River, County Comprehensive Plan;` (c) Whether or not the proposed amendment is consistent with existing and proposed land uses; (d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whether or not the proposed amendment would generate traffic which would decrease the', service levels on roadways below level adopted in the comprehensive plan; (f) Whether or not there have been changed conditions which would warrant an amendment; I3) (g) Whether or not the proposed amendment would decrease the level of service established in Toe comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation; 10)_ Whether or not the proposed amendment would result in significant adverse impacts on the natural environment" (i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; b) Whether or not the proposed amendment would be in conflict with the public interest, and is in 7harmony with the purpose and interest of the land development regulations; as well as (k)� Any other matters that may be deemed appropriate by the planning and zoning commission o l the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services.{ NOTE: Some of these items of consideration may be deemed as inapplicable in the review and dj approval of Land Development Regulation amendment requests (4) Amendment procedures. (a) Application and content. All applications (other than board of county commissioners initiated amendments) for changes and amendments shall contain all the information required of this section and shall be in a form prescribed by the community development department and approved by the board of county commissioners. The following information shall be provided by the applicant for an amendment to the official zoning atlas. 421 1. Legal description; boundary survey. The application shall describe by legal description and any street address, where possible, the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. The application shall also include a copy of the deed and at least one other conveying instrument indicating present legal and/or equitable ownership together with notarized authorization from the owner of the subject property if the applicant is not the owner. The application shall also include a boundary survey, sealed by a registered land surveyor, of the property proposed to be rezoned. 2. Statement of verification. All such applications or petitions shall include a verified statement showing each and every individual person having legal and/or equitable ownership interest in the property upon which the application for rezoning is sought. 3. Concurrency certificate. Each application shall include a valid conditional, or initial concurrency certificate or evidence of a concurrency certificate application. 4. Fees. Each application shall include a publication and application fee for each requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included in a single petition if they constitute one contiguous area. Such fee shall be established by the board of county commissioners. 5. Application time limitations. A rezoning or land development regulation text amendment application shall be considered active for a period of one year after it is submitted to the community development department. If the application is not complete or if the board of county commissioners does not hold a public hearing on the application because of delays by the applicant, the application shall be terminated one year after the submittal date. (b) Staff review. The community development department shall have twenty (20) working days from the date the completed application and required fees are submitted to review and comment upon the application. The community development department shall then place the completed application on the agenda of a regularly scheduled county planning and zoning commission meeting; provided, however, the following notice and publication requirements are met prior to the public hearing before the county planning and zoning commission. 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishing of a map), at least ten (10) days prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 2. Mailed notice; posted notice. Additionally, the community development department shall send by regular mail a written courtesy notice to all owners of property within three hundred (300) feet of the outer limits of the area described in the petition requesting a change, advising all such owners as shown upon the last prepared and completed tax assessment roll of the county, in simple terms, the proposed change and the time and place of the public hearing. In the event that more than ten (10) lots or parcels are proposed for rezoning, notification shall be by published notice only. For rezoning requests the community development department shall erect and conspicuously place upon the subject property at least one notice which shall contain the following information: a. Map of property which is the subject of the rezoning petition; b. Present zoning and requested rezoning classification; and c. Dates of scheduled hearings. 3. Failure to provide notice. The provisions hereof for mailing notice are directory only and the failure to mail such notices shall not affect any change or amendment of said land development regulations. Moreover, regarding rezoning requests, failure to maintain a conspicuous notice on the property shall not affect said requests. 422 (5) (c) Action by planning and zoning commission. After the public hearing, the county planning and zoning commission shall report its recommendations to the board of county commissioners for final action. For rezoning requests, a denial of the application by the county planning and zoning commission, unless appealed as provided for herein, will be final. (d) Appeals of decisions by the planning and zoning commission to deny a rezoning application. Any applicant who is aggrieved by a decision of the county planning and zoning commission regarding denial of a rezoning application may file a written notice of intent to appeal the county planning and zoning commission decision with the director of the community development department, the chairman of the county planning and zoning commission, and the chairman of the board of county commissioners. Such appeal must be filed within twenty-one (21) days of the decision of the county planning and zoning commission. (e) Action by the board of county commissioners. Upon receipt of the recommendations from the county planning and zoning commission, or upon receipt of a written notice of intent to appeal, the board of county commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) days of the submission of said recommendations or written notice of intent to appeal, at an advertised public hearing as required by F.S. § 125.66. An appeal of a denial of a rezoning application shall be heard de novo. Time for reapplying. No new application for an amendment, change or modification of the official zoning atlas shall be permitted to be filed until after the expiration of at least twelve (12) months from the filing of a previous application with the community development department, covering substantially the same lands. (6) Interim zoning. The board of county commissioners may adopt stop -gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area in the county, pending the completion of zoning, water and sewer, urban renewal or other similar type plans. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 32, 2-27-91; Ord. No. 91-23, § 2, 5-15-91; Ord. No. 96-6, § 8, 2-27-96; Ord. No. 98-9, § 7, 5-19-98; Ord. No. 2002-004, § 5, 2-12-02) ADD DIAGRAM -REZONING FLOW CHART, P.106.1 OF ORD. 423 Chapter 934, and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He concluded that, based on the analysis provided, Staff supports the amendment requests and recommends that the Planning & Zoning Commission recommend that the Board of County Commissioners adopt the proposed ordinance. Mr. Stan Boling and Mr. John McCoy proceeded to answer questions from the Commissioners regarding the proposed amendments. Mr. Bruce Barkett, Representative for the Applicant, clarified details of the proposed amendments. Chairman Polackwich reopened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. Mr. Todd Brognano recused himself from this case due to his business relationship with the Respondent. He submitted a Form 8B, Memorandum of Voting Conflict, to the Recording Secretary. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter. Mr. Brognano abstained from the vote. Chairman Polackwich read the following into the record: B. CONTINUATION FROM SEPTEMBER 27, 2018: Indian River Land Trust, Inc. 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 per acre), and to rezone those +/- 11.59 acres from CL, Limited Commercial District, to RM -6, Multi -Family Residential District (up to 6 units per acre); 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 per 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 per acre), to CL, Limited Commercial District, (LUDA 2006090171-81055) [Treat as Quasi -Judicial] Attachment 7 PZC/Approved 3 October 11, 2018 F:\BCC\AII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 101118.doc 424 Chairman Polackwich noted that this public hearing is continued from the last Board meeting and the secretary administered the testimonial oath to those present who wished to speak on this matter. Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. Mr. William Schutt, Senior Economic Development Planner, reviewed information regarding the request to amend the Comprehensive Plan and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Planning & Zoning Commission recommend that the Board of County Commissioners approve the proposed amendments with conditions listed in the staff report. Mr. William Schutt and Mr. Stan Boling proceeded to answer questions from the Commissioners regarding the swap concept of land use designations and zoning between the two affected properties. Mr. Bruce Barkett, Representative for the Applicants, spoke in favor of the proposed amendments and proceeded to responded to inquiries from the Commissioners. Chairman Polackwich closed the Quasi -Judicial hearing after nobody from the audience came forward to address the Board. ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve staff recommendations on this Quasi - Judicial matter. Commissioner's Matters Chairman Polackwich commented that his term with this board would be ending soon, adding that if he is reappointed, he would not accept another Chairman nomination. Planning Matters Mr. Stan Boling updated the Commissioners regarding recent cases that they recommended that the BCC approve. PZC/Approved 4 October 11, 2018 F:\BCC\AII Committees\P&Z\2018—AGENDAS & MINUTES\PZC 101118.doc 425 Attachment 7 Board of County Commissioners Meeting Minutes - Final November 20, 2018 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-20.18 budget Attachments: Staff Report 2017 2018 Resolution Exhibit "A" Approved Resolution 2018-119, amending the Fiscal Year 2017-2018 Budget. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10.A.1. 18-2482 Indian River Land Trust, Inc. 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 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; (LUDA 2006090171-81055) (Legislative) Recommended Action: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners adopt the proposed resolution for transmittal of the proposed future land use map amendment to the State and Regional Review Agencies and announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process to consider the plan amendment and associated rezoning request. Attachments: Staff Report Summary Pages LUDA and Rezoning Applications Comprehensive Plan Amendment Procedures 10-11-18 PZC DRAFT Meeting Minutes Transmittal Resolution Community Development Director Stan Boling used a PowerPoint Presentation to provide details related to the requested amendment of the Comprehensive Plan, noting that the rezoning request was filed within the parameters of the Comprehensive Plan Amendment Review Procedures and that it met the location criteria. He explained that the related Resolution would allow for Indian River County Florida Attachment 8 mge8 Board of County Commissioners Meeting Minutes - Final November 20, 2018 transmission of the County's future land use map amendment to the State and Regional Review Agencies, and confirmed that a final public hearing would be set at a later date. Commissioner O'Bryan requested clarification regarding concerns or satisfaction from neighboring communities, with Director Boling confirming that his staff had not been notified of any complaints. Chairman Solari opened the Public Hearing. Attorney Bruce Barkett, representing Schwerin Asset Advisors, LLC., was available to answer questions from the Board. Freddie Woolfork, 4590 57th Avenue, supported the work done by staff and the rezoning request. There being no additional speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve: 1) staffs recommendation; and 2) Resolution 2018-120, approving the transmittal of a proposed Indian River County Comprehensive Plan future land use map amendment to State and Regional review agencies. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 10.A.2. 18-2474 Recommended Action: DiVosta Homes L.P., Request to Amend Land Development Regulation Chapter 934 (Excavation and Mining) to Modify the Time Frame for Exporting Excess Fill From Large Scale Development Projects and Extend the Time Frames for Large Volume Mining Operations (LDRA-18-09-01 / 20180601.91-82197) (Legislative) Staff recommends that the Board of County Commissioners adopt the proposed ordinance. Attachments: Staff Report Proposed Ordinance Application Excerpt from Unapproved 10-11-18 PZC Minutes Additional Backup - Affidavit of Publication Community Development Director Stan Boling, with the aid of a PowerPoint Presentation, provided the history, criteria and time frame details regarding the proposed mining operations amendment to the Land Development Regulations, pertaining to large scale projects. Indian River County Florida 42fge 9 Attachment 8 ORDINANCE NO. 2019 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ± 11.59 ACRES LOCATED AT THE SOUTHEAST CORNER OF 79TH STREET AND U.S. HIGHWAY 1 FROM C/I, COMMERCIAL INDUSTRIAL TO M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE); AND TO SIMULTANEOUSLY REDESIGNATE ±11.44 ACRES LOCATED AT THE NORTHEAST CORNER OF 41ST STREET AND U.S. HIGHWAY 1 FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), TO CII, COMMERCIAL INDUSTRIAL; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received the subject comprehensive plan amendment application during its July 2018 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on September 27, 2018, and due to a lack of quorum, continued the public hearing until October 11, 2018, and WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board of County Commissioners transmit the subject comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners, after due public notice, held a Transmittal Public Hearing on November 20, 2018; and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to advertise and hold a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies, and WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use Map Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on March 5, 2019, after due public notice. Attachment 9 Page 1 of 5 428 ORDINANCE NO. 2019 - NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit copy of the amendment to appropriate State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan Subject Property 1: TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM C/I, COMMERCIAL INDUSTRIAL TO M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE) FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY, FLORIDA: A PARCEL OF LAND LYING IN GOVERNMENT LOT 5, SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF YORK ROAD WITH THE NORTH RIGHT OF WAY LINE OF HOBART ROAD; THENCE NORTH 0 DEGREES 15 MINUTES 23 SECONDS EAST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 393.77 FEET; THENCE NORTH 24 DEGREES 41 MINUTES 35 SECONDS WEST, A DISTANCE OF 286.23 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND, THENCE SOUTH 65 DEGREES 19 MINUTES 55 SECONDS WEST, A DISTANCE OF 599.83 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD #5 (US HIGHWAY 1); THENCE NORTH 24 DEGREES 40 MINUTES 05 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 638.33 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 21 SECONDS EAST, A DISTANCE OF 297.10 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST, A DISTANCE OF 329.91 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 23 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 24 SECONDS WEST, A DISTANCE OF 323.13 FEET; THENCE SOUTH 24 DEGREES 41 MINUTES 35 SECONDS EAST, A DISTANCE OF 362.78 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 11.5897 ACRES, MORE OR LESS. Page 2 of 5 429 ORDINANCE NO. 2019 - Subject Property 2: TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), TO C/I, COMMERCIAL INDUSTRIAL FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY, FLORIDA: CONSISTING OF TWO PORTIONS OF LAND LYING IN SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Portion 1: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26, RUN NORTH 00°09'03" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET; THENCE RUN ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89°56'41" WEST, A DISTANCE OF 42.06 FEET; THENCE RUN NORTH 50°50'49" WEST, A DISTANCE OF 32.51 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY No.1; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE, NORTH 15°2T00" WEST, A DISTANCE OF 401.82 FEET THE POINT OF BEGINNING; THENCE CONTINUE NORTH 15°22'00" WEST, ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 100.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE RUN NORTHEAST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 104°1121", AN ARC DISTANCE OF 45.46 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 88°49'21" EAST, A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 01°19'4T' WEST, A DISTANCE OF 5.00 FEET; THENCE RUN NORTH 88°53'29" EAST, A DISTANCE OF 160.77 FEET; THENCE RUN NORTH 00°28'48" WEST, A DISTANCE OF 65.64 FEET; THENCE RUN SOUTH 89°51'19" EAST, A DISTANCE OF 70.00 FEET; THENCE RUN SOUTH 00°32'12" EAST, 174.03 FEET; THENCE RUN SOUTH 83°28'12" WEST, A DISTANCE OF 245.38 FEET TO THE POINT OF BEGINNING. CONTAINING 0.827 ACRES MORE OR LESS. Portion 2: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26, RUN NORTH 00°09'03" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET AND THE POINT OF BEGINNING; THENCE RUN ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89°56'4F' WEST, A DISTANCE OF 42.06 FEET; THENCE RUN NORTH 50°50'49" WEST, A Page 3 of 5 430 ORDINANCE NO. 2019 - DISTANCE OF 32.51 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY No.1; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE, NORTH 15°2T00" WEST, A DISTANCE OF 401.82 FEET; THENCE DEPARTING SAID RIGHT OF WAY RUN NORTH 83°28'12" EAST, A DISTANCE OF 245.38 FEET; THENCE RUN NORTH 00°32'12" WEST, A DISTANCE OF 175.23 FEET; THENCE RUN SOUTH 89°5T07" EAST, A DISTANCE OF 627.16 FEET; THENCE RUN SOUTH 00°07'53" WEST, A DISTANCE OF 611.89 FEET TO THE AFORESAID NORTH RIGHT OF WAY LINE OF 41st STREET; THENCE RUN NORTH 89°48'50" WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 694.16 FEET TO THE POINT OF BEGINNING. CONTAINING 10.61 ACRES MORE OR LESS. Subject to all easements, right-of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Page 4 of 5 431 ORDINANCE NO. 2019 - This ordinance was advertised in the Press -Journal on the 17th day of February, 2019, for a public hearing to be held on the 5th day of March 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\Schwerin Asset Advisors & Indian River Land Trust\Resolution and Ordinance\Schwerin & IR Land Trust Land Use Swap - LUDA Ordinance.docx Page 5 of 5 432 ORDINANCE NO. 2019 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR ±11.59 ACRES LOCATED AT THE SOUTHEAST CORNER OF 79TH STREET AND U.S. HIGHWAY 1 FROM CL, LIMITED COMMERCIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE); AND TO SIMULTANEOUSLY CHANGE THE ZONING DESIGNATION OF ±10.61 ACRES LOCATED AT THE NORTHEAST CORNER OF 41ST STREET AND U.S. HIGHWAY 1 FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE), TO CL, LIMITED COMMERCIAL DISTRICT AND TO CHANGE THE ZONING DESIGNATION OF ±0.83 ACRES LOCATED ADJACENT TO THE NORTHWEST CORNER OF THAT PROPERTY FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE), TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Subject Property 1: The zoning of the following described property situated in Indian River County, Florida, to -wit: Page 1 of 5 Attachment 10 ORDINANCE NO. 2019- A PARCEL OF LAND LYING IN GOVERNMENT LOT 5, SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF YORK ROAD WITH THE NORTH RIGHT OF WAY LINE OF HOBART ROAD; THENCE NORTH 0 DEGREES 15 MINUTES 23 SECONDS EAST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 393.77 FEET; THENCE NORTH 24 DEGREES 41 MINUTES 35 SECONDS WEST, A DISTANCE OF 286.23 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND, THENCE SOUTH 65 DEGREES 19 MINUTES 55 SECONDS WEST, A DISTANCE OF 599.83 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD #5 (US HIGHWAY 1); THENCE NORTH 24 DEGREES 40 MINUTES 05 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 638.33 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 21 SECONDS EAST, A DISTANCE OF 297.10 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST, A DISTANCE OF 329.91 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 23 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 24 SECONDS WEST, A DISTANCE OF 323.13 FEET; THENCE SOUTH 24 DEGREES 41 MINUTES 35 SECONDS EAST, A DISTANCE OF 362.78 FEET TO THE POINT OF BEGINNING. Said parcel containing 11.5897 Acres, more or less. Subject to all easements, right-of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Is changed from CL, Limited Commercial district to RM -6, Multi -Family Residential district (up to 6 units/acre). All with the meaning and intent as set forth and described in said. Land Development Regulations. And Subject Property 2: The zoning of the following described property situated in Indian River County, Florida, to -wit: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26, RUN NORTH 00°09'03" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET; THENCE RUN ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89°56'41" WEST, A DISTANCE OF 42.06 FEET; THENCE RUN NORTH 50°50'49" WEST, A DISTANCE OF 32.51 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY No.1; THENCE RUN ALONG Page 2 of 5 434 ORDINANCE NO. 2019 - SAID EAST RIGHT OF WAY LINE, NORTH 15°22'00" WEST, A DISTANCE OF 401.82 FEET THE POINT OF BEGINNING; THENCE CONTINUE NORTH 15°22'00" WEST, ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 100.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE RUN NORTHEAST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 104°1 P21 ", AN ARC DISTANCE OF 45.46 FEET TO A POINT OF TANGENCY; THENCE RUN NORTH 88°49'21" EAST, A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 01°19'42" WEST, A DISTANCE OF 5.00 FEET; THENCE RUN NORTH 88°53'29" EAST, A DISTANCE OF 160.77 FEET; THENCE RUN NORTH 00°28'48" WEST, A DISTANCE OF 65.64 FEET; THENCE RUN SOUTH 89°51'19" EAST, A DISTANCE OF 70.00 FEET; THENCE RUN SOUTH 00°32'12" EAST, 174.03 FEET; THENCE RUN SOUTH 83°28'12" WEST, A DISTANCE OF 245.38 FEET TO THE POINT OF BEGINNING. Said parcel containing 0 827 Acres, more or less. Subject to all easements, right-of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Is changed from RM -6, Multi -Family Residential district (up to 6 units/acre) to OCR, Office, Commercial, Residential district. All with the meaning and intent as set forth and described in said Land Development Regulations. And Subject Property 3: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26, RUN NORTH 00°09'03" WEST, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 41st STREET AND THE POINT OF BEGINNING; THENCE RUN ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89°56'41" WEST, A DISTANCE OF 42.06 FEET; THENCE RUN NORTH 50°50'49" WEST, A DISTANCE OF 32.51 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF US HIGHWAY No.1; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE, NORTH 15°22'00" WEST, A DISTANCE OF 401.82 FEET; THENCE DEPARTING SAID RIGHT OF WAY RUN NORTH 83°28' 12" EAST, A DISTANCE OF 245.38 FEET; THENCE RUN NORTH 00°32'12" WEST, A DISTANCE OF 175.23 FEET; THENCE RUN SOUTH 89°52'07" EAST, A DISTANCE OF 627.16 FEET; THENCE RUN SOUTH 00°07'53" WEST, A DISTANCE OF 611.89 FEET TO THE AFORESAID NORTH RIGHT OF WAY LINE OF 41st STREET; THENCE RUN NORTH 89°48'50" WEST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 694.16 FEET TO THE POINT OF BEGINNING. Page 3 of 5 435 ORDINANCE NO. 2019 - Said parcel containing 10.61 Acres, more or less. Subject to all easements, right-of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Is changed from RM -6, Multi -Family Residential district (up to 6 units/acre) to CL, Limited Commercial district. All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective 31 days after the State Land Planning Agency determines that the associated land use amendment package is complete, unless a petition is filed by an affected party. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 5th day of March 2019. This ordinance was advertised in the Press -Journal on the 17th day of February, 2019, for a public hearing to be held on the 5th day of March 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller This ordinance was filed with the Department of State on the following date: Page 4 of 5 436 ORDINANCE NO. 2019 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\Schwerin Asset Advisors & Indian River Land Trust\Resolution and Ordinance\Schwerin & IR Land Trust Zoning Swap - Rezoning Ordinance.docx Page 5 of 5 437 Rick Scott GOVERNOR The Honorable Bob Solari Chairman, Indian River County Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Dear Chairman Solari: DE.0 FLORIDA DEPARTMENT tf ECONOMIC OPPORTUNITY December 28, 2018 Cissy Proctor EXECUTIVE DIRECTOR The Department of Economic Opportunity.("Department") has reviewed the proposed comprehensive plan amendment for Indian River County (Amendment No. 18-02ESR) received on November 29, 2018. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the County is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the County. If the County receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the County that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity 1 Caldwell Building 1 107 E. Madison Street 'Tallahassee, FL 32399 850.245.7105 1 www.floridaiobs.org www.twitter.com/FLDEO lwww.facebook.com/FLDEO Attachment 11 An equal opportunity employer/program. Auxiliary aids and service ore 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 714.38 The Honorable Bob Solari December 28, 2018 Page 2 of 2 If you have any questions concerning this review, please contact Ed Zeno, Planning Analyst, by telephone at (850) 717-8511 or by email at ed.zeno-gonzalez@deo.myflorida.co Sin JDS/ez Enclosure(s): Procedures for Adoption James D. Stansbury, Chief Bureau of Community Planning and Growth cc: Stan Boling, AICP, Director, Community Development Department, Indian River County Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council 439 03/05/2019 10.A.2. Board of County Commissioners March 5, 2019 Indian River Land Trust, Inc. and Schwerin Asset Advisors, LLC's Simultaneous Requests to Swap Land Use Designations and Zoning Districts between a +/-11.59 acre property and a +/- 11.44 acre property LUDA: (C/I to M-1 & M-1 to C/I) REZONING: (CL to RM -6 & RM -6 to CL & OCR) Two Separate and Distinct Public Hearings • The first public hearing is for the requested swap of land use designations • The second public hearing is for the requested rezoning • The rezoning is dependent upon the approval of the land use designation swap 03/05/2019 10.A.2. Indian River County code Section 800.o7(3)(d) • Requires a Rezoning Application to be filed simultaneous with a future land use designation amendment application when the proposed land use does not conform to the existing zoning. 43-2 Comprehensive Plan Amendment Process Application Submitted''to, Community Development Department. I _ -Public Hearing -before Planning And•Zoning Commission :f.}yL _ _ . (October ii;, 2018), 4 Transmittal_: public 'hearing,,before. Board of Coirit'y Commissioners. °;:....f... (November. 20,. 2oi8),• 1 , -Applicatio i transmitted to State and. Regional; Review Agencies: 4 43-2 03/05/2019 10.A.2. Past Actions • October 11, 2018: PZC Recommended approval of Land Use Designation Amendment (LUDA) and Rezoning • November 20, 2018: BCC approved LUDA transmittal to State and Regional Agencies • No Objections from State and Regional Review Agencies 431- 3 1 State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency 1 Board of County Commissioners holds final public hearing (March 5, 2019) 1 Adopted amendment are transmitted to State and Regional Review Agencies and State Land Planning Agency 5 Past Actions • October 11, 2018: PZC Recommended approval of Land Use Designation Amendment (LUDA) and Rezoning • November 20, 2018: BCC approved LUDA transmittal to State and Regional Agencies • No Objections from State and Regional Review Agencies 431- 3 03/05/2019 10.A.2. Location & Existing Land Uses - Property #2 Schwerin Asset Advisors, LLC Location & Existing Land Uses - Property #1 ` Indian River Land Trust, Inc. 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Schwerin Asset Advisors, LLC { � . • _ - s+';+�;. �' 'i;�„, �-s— • _. ;..:.. cieie?rzxu:i,,�rt;,_ _ y1<: ; � .�`'-'''r , � '� p ra"�,:,W y...-••"--_ .. °r •��r„„' arca7,r ,:3.;'i;,•,°RM-6. - ;;,sy'••?.' �>z,L,Y',e'„ �\, r�i--� � M=; j j :,�,, :• '.,' � inW403 `&°£. �, •at.:�''Jin puxs,wh? jt .. " »¢xaaai.. "#�." 4• s � � _ _:;;.,,”'j°,�'°'S•ir�3w.'zsfi::S:�2�:;y rf u�'a e C Y .-cla:4 -6.. r<>:''Y i fz'y"`,% '�sw.ss,'J3 ',�ty'°yy'Y,'.-+3.4,^„, • ,", s i• .. ta3iee �� u :_ Aii To Rezone do<uaa�vrae *e �:;: s, ,a•'> sc '+f�1�1�59-Acres '5��; �FYf 2�; f'.:'"sY•"�:' �^z'�F, ' �. ,,✓yro�2 s, �ci�f ,°'\�p���iYa' Y, i `t2 4, �.,.w; s9p.,,,.... e�,. '•.i oiRezone £; ,,� <"•�,�g�sfi� "�: (I'M aya 4` '",s ail RM;6 , �,' f .'l�ir'',i'r%24e��o'"<y�� "r`. : ✓�. OARIR M>6' sF/`.' Nz ..axcae. ,JtsS.d+Siv 3 •,y "„' :i9: •'<�` s" ;%;: s•( :;; "�s' � ' ^<.••iS-;d�£='j,•, i a .> • � q� « /��ii,th ���^3%�/y '�,v/r, `P k',Y�Yt N ' f . { civ„”' , pp RN!<6 �a✓.f.. 'O ��,%<szP„;«''u`s�:. . `k. i..„ jjj ',.y ii ')G`Ni °;�•}q!ga13 „L . s✓ ;, j v,k✓!,Y!.6r/E',F.^,,y,•..ft9fi%✓ v y :'..'",.,. .' `Y",'Xy's^ry, ,.T 4 'k•9- ;�y;• '`s "a „�'':; y'1' -.. $ P' RM RM' -10. >; y=g '`s. 11 I' ' _ �k, � _ ?',i, :s i .• (^ •' ', �,�,x--q: ,j �-'t°wg°"• •�,��",1•„.-;, z 6°'" IL :� d o �j� ��f�•nT`'°f�p= x�`g� �'s, K FS s4Fra:k rs' �•: "�'��'t<i `, Gz° %��.(' i$'G;yn, RM Mi y/ =6,=` [m. �'�'",:: E$ rp, xe-'T,d' G�`lJ �i';: ,,sa i8 �,i i' ErAf* .- zz iii . AO i .<�e �%,•� a�.° To Rezone 1.5A,.i'r"';:,i,y,ii, R IVI6 to CLr� .F� j. '�. .:S':iq° nixaemxae• e g'ti . � �: �,�. , j �Y�%..,:xr•?I's%'"3,r,�r3"I 's ny,"�""' �. { � _ :9 11 1`"'"?"t`,rn,.. R+x ate' � •-.•. '� /`�”✓.z�P3".%�d.�ia ^�.,�..=-..-.: „�•A >� .:rI �, beet? 1G ,(f� yg-azfi' T Y �v ,t,`!"StreetX z Sf ${${ C{ z£ `,Dein" RSJ-•--^ .~ d 1 . t' wd'B: '"'3 s 'k'i° . rbsak�tz "'`�' .e�. ' ; ;;-.3rri��%ai '."wai :�`>��. - •.� i:'/: f isa%<s < , im 3r.” 5 \t � ; ;,.<s �<" "" h'i � -:�'•.«t-y' �,-.'s, , "' - S- fill RS - 3. Rezoning Request: Property #2 Schwerin Asset Advisors, LLC � T i � s"� Z 3 + isF.`FH { inW403 `&°£. �, •at.:�''Jin puxs,wh? ii� RM 'y'%? 9�ii' '3 ,'(- i�3;' .'' „„;}", �'G C Y .-cla:4 -6.. r<>:''Y i fz'y"`,% '�sw.ss,'J3 ',�ty'°yy'Y,'.-+3.4,^„, • ,", s i• .. ta3iee u :_ Aii To Rezone x 8 < ,.: 7a d ^m• ,,, Z- �jY {; z'�C v •. ''!� y,y�, -�•'rz i */- 0.83 Acres RM -6 to OCR civ„”' , pp RN!<6 �a✓.f.. a.r _ ,.T 4 'k•9- ;�y;• '`s "a „�'':; y'1' -.. $ P' RM RM' -10. >; y=g '`s. ...,. _o' �<." r,',;�'%•,y: qe� i s•.°} yv �➢"v. " #f, W, YJ?f%:E4'.g,, ,xi ',' . 4'' [m. �'�'",:: E$ rp, xe-'T,d' G�`lJ �i';: ,,sa i8 �,i i' ErAf* .- zz iii . is <eer is �.d tri, t, „ t=i�<' �. M'..,IL �`'x ,t u x:: ;. ,: i .<�e �%,•� a�.° To Rezone 1.5A,.i'r"';:,i,y,ii, R IVI6 to CLr� .F� j. � •�° �.'�.p'S'a"y.+ "yg; SY �t' liroJ�},, ••„ �'"v d':."'. iL£t'6E,'„v a�,,xS,"V4^ T ;�� RM s /,tea f'.. �� +•�. � _ :9 _, iN��t;• ^�.,�..=-..-.: „�•A >� .:rI �, beet? ll%h%J/ ./ .~ d �s °�' � '�iP.zt' s•?S$=ei. of • z }3.3,1. ., _: r'E 3 r=Y;-y `.':,\,..?ate _ �'''Nr„ 5.r. iD /°��f//i to, F 03/05/2019 10.A.2. Zoning District Differences •CL: Limited Commercial: restricted commercial activities for convenience retail and service needs of area residents, while minimizing impact on nearby residential areas. •OCR: Office, Commercial, Residential: restricted office, commercial, and residential activities compatible with surrounding neighborhoods. Further intended to provide land use controls for ensuring separation of potentially incompatible activities, such as intense commercial uses, from established residential areas. .Multi -Family Residential Districts. Implement policies of the Comp. Plan for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities. Criteria Analyzed •Impact on Public Facilities •Consistency with the Comprehensive Plan •Consistency with Land Development Regulations -Compatibility with the Surrounding Area •Potential Impact on Environmental Quality 4-2A '7 03/05/2019 10.A.2. Concurrency Check for sufficient capacity for certain facilities • Transportation • Water • Wastewater • Solid Waste • Stormwater Management Concurrency continued • Exempt from concurrency (land use/zoning swap) • Slight decrease in development intensity under proposed land use designations and rezoning requests • Impacting the same facilities • A detailed concurrency review will be done at the time of project development plan review 03/05/2019 10.A.2. Consistency with the Comprehensive Plan Future Land Use Policies 1.13, 1.14, 1.17, 1.20, 1.22, 1.23, 1.43, 2.2, & 14.3 • Within USA (Urban Service Area) • The C/I Land Use Designation should be in nodes along major roadways • Proposed amendment will not increase the amount of C/I designated land • Relocating C/I to adjacent to the City of Vero Beach, Gifford, and the Hospital area provides for an efficient use of land • For the subject properties, RM -6, OCR, and CL zoning districts are appropriate given the locational criteria of FLUE Policy 1.43 Future Land Use Policy 1.43: Subject Property 1 Locational criteria for when a zoning district is appropriate: .RM --6, Residential,Multi-family,. Review; Crite_ti'al IVleets :CriteriaZ Comments 1. Adjacent to other multiple -family areas Yes Adjacent to multi-familyzoned properties to the north and to the. east. 2. Adjacent to employment centers Yes Adjacent to commercially zoned, properties .and the commercially' developed and developing Wabasso area. 3. Along arterial and collector roads, particularly to buffer single-family areas Yes. Property, fronts on U:S. Highway T, a busy arterial 'roadway. and. single family, developed.property: is located to,the,northand northeast.. ':.' 4. Adjacent to commercial uses, particularly to buffer single-family areas Yes Developed commercially zoned property is located to the north and to the south. 5. Not abutting single-family areas on all sides Yes Anexisting single-family subdivision (Hobart. Landing) abutsthe property to the north,, northeast: 03/05/2019 10.A.2. Future Land Use Policy 1.43: Subject Property 2 LocationaI,criteria;'for when a zoning district is appropriate:,' 1. Areas that are easily accessed from residential areas 2. Between residential areas and general commercial areas or major -roadways 3. Separated from industrial areas 4. At node perimeters :Yes residential area ds;,ip 'acenl f •h•i; r :; n;:. y ,; ;rr'.:; "'e;.'„a dr ao . oa he nc»thiandfeast s:are to thersouth, FutureppLand Use Policy 1.43: Subject Property 2 Locational.criteria\forwhen, a zoning district is_ appropriate: 1. Adjacent to existing office uses 2. As a buffer between residential zoning districts and arterial roads or other commercial zoning districts. 3. At node perimeters !existing com;mercisl 03/05/2019 10.A.2. Consistency with County Land Development Regulations Rezoning request is consistent with all applicable sections of the County Land Development Regulations (LDRs), including Section 902.12(3) standards of review. ziM - 11 Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. • A mistake in the approved plan; • An oversight in the approved plan; • A substantial change in circumstances; or • A swap or reconfiguration of land uses at separate sites Request is consistent with the Comprehensive Plan Consistency with County Land Development Regulations Rezoning request is consistent with all applicable sections of the County Land Development Regulations (LDRs), including Section 902.12(3) standards of review. ziM - 11 03/05/2019 10.A.2. Compatibility Sub. property 1: C/I to M-1 • C/I to North/Northwest and South • L-2 to East and North/Northeast (Hobart Landing Sub.) • Proposed M-1 is a continuation of the residential land use • M-1 Medium Density residential compatible with Commercial and Residential (Church use to the south) • Property to the North and East owned by applicant a i w Owned by Applicant To Change Land Owned by Use Designation Applicant for +/• 11.59 Acres C/I to M-1 t.1 Compatibility Sub. property 2: M-1 to C/I • C/I to South (across 41st St) and West (across US Highway 1) • M-1 to East and North, Property to East and Northeast owned by applicant • +/- 63o feet from Casa Bella Subdivision • 42nd Street ROW (+/- 55') between property and Pinson Sub. • Buffer yards and 6' tall opaque features required between residential uses/districts and new commercial development • CL, Limited Commercial zoning, and OCR, Office, Commercial, residential zoning provide transition between US 1 and residential properties LA +� a ar+sn�n 1L >r To Change Land U. tit � Designation for +1. 11.04 Acres M-1 to! °_ Owned by W1 Applicant M•1 M.1 cif N T 03/05/2019 10.A.2. Other Corridors Special Development Regulations ° Aesthetic regulations for: • Buildings • Landscaping • Signs • Lighting ° Pedestrian connections required Zoning Along US Highway 1 near 41st Street i lam, �, ,4 •.,_G). Approximate Depth j n, Rf,H:6/\ '�"� ' __-- p\a. i a. RI 8} -' I - ; - Zoning '. -' Districts .... Location Measured from U.S. Highway -1 ROW Eastward ±900 feet (CG) =_ `"- .` i.: )� U�d. .F CG/CL 53rd St. & U.S. 1 (SE corner) ±1,300 ft. (CG/CL Combined) 111; a '� _ .ir,t:t-, .`' fi° CG 47th St. & U.S. ±900 ft. (CG) J 1 SE corner ( ) i.'_ ri `R,a;;j �i. %� '"0.7: ; 9n 4_.>_:; CG/CH 45th St. & U.S. ±700 ft. (CG/CH ( {;. corner) Combined) _ti= cc la..: i1R "- R^ 41St St. U.S. 1 a ti y.._;_, ,. - -�1(SE ...,�, � CG (SE corner) ±700 ft. ( CG ) / i °D ,\Rz'5 ._; +4. : Proposed 41St St. U.S. 1 Between ±760 and -' C / 'nuN , '' E°' z,s's ` CL/OCR (NE corner) ±890 ft. (CL/OCR) {"' RL6I_-/ Al% r` 131 13 03/05/2019 10.A.2. Private Deed Restriction Arrangement • Staff coordinated between Schwerin Asset Advisors, LLC and representatives from Casa Bella Sub. Home Owner's Assoc. (HOA) • Voluntary Private Deed Restrictions between private parties: • Prohibits certain uses considered objectionable to the Casa Bella HOA on the +/-10.61 Acre Property and +/-0.83 Acre Property • Retains residential zoning on the remaining property between the Casa Bella Subdivision and the subject property FIGURE 6 Subject Property 1- Schwerin Asset Advisors, tLC Rezoning Request Environmental Impacts • Impact is the same for current and proposed land use designations and zoning • Properties formerly contained citrus groves • Native trees subject to county tree protection requirements No Adverse Environmental Impacts from proposed land use designation and zoning change 431--14 'rtiy, r, h 5 M•8 CO « 1 To Retont +/-0.83 Acres RML to OCR "'°""" RM•6�.'',}�` RML LAI' � ? . I3Tj ;,I 42t a o To Rezone 1 +1- 10.61 Acres cG RM -6 to CL RML CG ......«.fh/'fir, • r .`,ca ;� Environmental Impacts • Impact is the same for current and proposed land use designations and zoning • Properties formerly contained citrus groves • Native trees subject to county tree protection requirements No Adverse Environmental Impacts from proposed land use designation and zoning change 431--14 03/05/2019 10.A.2. Conclusion Proposed Amendment is: • Compatible with surrounding uses • Consistent with the comprehensive plan • Meets locational criteria for C/I and M-1 • Meets Criteria to be Rezoned • Promotes an efficient land use pattern • Facilitates economic development at a site close to a highly developed area (Gifford, Vero Beach, Hospital area) • No additional environmental impacts • Staff supports request Recommendations Hearing #1: Staff and the PZC recommend that the BCC approve the proposed future land use map amendment by adopting the attached ordinance 03/05/2019 10.A.2. Recommendations Hearing #2: Staff and the PZC recommend that the BCC approve the proposed rezoning request by adopting the attached rezoning ordinance 03/05/2019 10.A.2. CL, OCR, and RM -6 Zoning • CL zoning district allows uses such as banks, beauty shops, general and professional offices, grocery stores, laundries and laundromats, drycleaners drop-off/pickup, bail bondsman, car washes, theaters, medical offices, convenience stores, hardware stores, department stores, automotive fuel sales, restaurants, and drug stores. • OCR zoning district allows 63 fewer uses than in CL. In addition, some uses that are allowed have more restrictions/criteria than in CL. Uses that are allowed include, various office uses, banks, hotels and motels, carry out restaurants (no drive through & no site down), and single and multi -family residential. • RM -6 zoning district allows uses such as single and multi -family residential, institutional uses, places of worship, health and fitness clubs, and community centers. 431 17 Treasure Coast Newspapers CPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, -Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copvline PO8 463755 - INDIAN RIVER COUNTY PLANNING 2224136 REZONING BCC Pub Dates February 17, 2019 Sworn to and subscribed before me this day of, February 18, 2019, by Natalie Zoll (X) personally known to me or ( ) who has produced as identification. who is Karol Kangas r .. KAROLEKANGAS NotaryPublk-StateofFlarlda ya Commission, GG 126041 : MyComm,ExplresJul29,2021 I ain aaraeanaa#rrallanel_fmwyAsa I Notary Public 3s�11 10.AZ. P4slialtiasEtnrn 4F 1 SUNDAY. FEBRUARY 17. 2019 E TREASURE COAST NEWSPAPERS Tc M/WBE's are encouraged to participate in the bid process. Jeff C�aarver. Director of Pup tha 605562nd Avenue Vero Beach. FL 31967 772.564.5050 Press Date: February 17, 2019 TCN 2232963 PUBLIC NOTICE SDIRC ITB 12-0-20191C Fire Alarm Replacement at Sebastian River High School The School District of Indi- an is i- sealebid fromoew31110 contractors (pre-qualification referencing SDIRC 6710 01-0- 20191C and RFQ 06-0-2019 both 2Board 0 r91 the fire approved the repclacement of us de at Sebastian Rivtem er High School. The estimated cost of this areHsubject 10 lunAd. projects and cannot be guaranteed. MANDATORY PRE -019 MEET- ING 11:00 a.m. on February 27. 2019. Meet In the main office at SebasOae River High School9001 9010 Avenue, Sebastian FL 32958 A copy of the bid document. drawings and specifications Onvl DemandSbe tar wded from e ebslt at htt :/Avww.demandstar.com or by contacting Jeff Carver. Sealed bids must be returned to the SDIRC Purchasing Department no later than 100 P.m. on March 37. 2019 and shall be clearly narked: ITB 12.0.2019 Fire Alum System 5065 NOTE: ALL PROSPECTIVE BID- DERS/RESPONDENTS ARE HEREBY CAUTIONED NOT TO CONTACT ANY MEMBER OF THE INDIAN RIVER COUNTY SCHOOL BOARD STAFF OR OFFICIALS OTHER THAN THE SPECIFIED CONTACT PERSON. M/WBE's are encouraged to particithe left Caarvler.ent Direcorpof Pur- chasin 6055 62nd Avenue Vero Beach, Fl 32967 772.561.5050 Press22D3296ate 5February 17. 2019 TCN CITY OF FORT PIERCE NOTICE OF PUBLIC HEARING The City Commission 01 the City of Fort Pierce, Florida, feofiacerfoNCodeoOrdnnso Mondthe ayy,OMar Fort r 7019 holwill d a Public Hearing )n the City Hall Commission Chambers. 100 North US. 02. Fort Pierce. Florida,FbeOnat their meeting which sidernrevlawaW approvaloof an appploation for Conditional Use with 90 New Construc- tion submitted by property owner. Pinchuk Warehouse 00 tel LLC and applo, t Contracting, to establish the t 2610 Orange Avenue,Wood Fortse a Pierce, FL The wpperty Is zoned Gen- eral Commercial (C-3), Parcel ID: 2408.5000318-000-3. Ali ppearCeti ted parties y the meeting nd be heard with respect to the catiotns Applications. available flor inspection In the City Clerks Office. City Hall, 100 North U.S.01, Fort Pierce, Florida. ANY PERSON SEEKING TO APPEAL THE DECISION OF THE CITY COMMISSION AS TO THE FOREGOING 15 ADVISED THAT A RECORD OF PROCEEDINGS 15 REQUIRED IN ANY SUCH APPEAL AND THAT SUCH PER- SON MAY NEED TO INSURE THAT A VERBATIM RECORD OF PROCEEDINGS I5 MADE INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 15 TO BE BASED. In accordance with the Amer - SI With Disabilities Act and eamon 286.26, Florida Stat. Utes earcons r: dlsabill0oo e din Cr: moion4 p0a0Idp.itYmw: 4tleeggoshauld 0oncoct the ity 065rlat oaice at (our) 467-3065 at 48 hours Mor to the meeting. Publish: 02/17/2019 TCN TCN 2232065 BEEORETH(B0ARD_DE g_OU CO M FLORIDA NOTICE OEPUBDC HEARING NOTICE LS HEREBY GIVEN Mal the Board `ar County ar Commi dalln Roaun- U0. hearing at which parties In interest and citizens shall havepportunity to be heard at Its regular meetlrg on Tuesday, March S. 2019 at 9:00 a.m. or as soon there. hiter as the matter may be eard. In the County Commis - tion Chambers of the Coun- y Administration Budding A. located et 1801 27E1 Street Vero da. The Edo af the proposeddordinances 0 s follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. AMENDING TITLE X. IMPACT FEES. OF THE CODEOF INDIAN RIVER COUNTY. PRO- VIDING FOR AMENDMENTS TO CHAPTER 1000. PURPOSE AND INTENT, BY AMENDING SEC. TION 1000.13(2), REVIEW; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS: CODIFICATION; 5EVE9AB111- TV; AND EFFECTIVE DATE. wld ohlnnncho 11.dody °Wheels/Rereaton Buy& Sell fast! �trbhc NDUCCS of reviewing the Impact fee Schedule from at (oast once every third year to reviewing and updating every five years. A copy. of the proposed ordi- mnance Is available at the Com. unity Development Depart- ¢ t o1 the County located Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 0.m. on weekdays. For more iota• non. contact Bill Schutt at (771)226-1243. Anyone who may wishto appeal any decision which may be made attlo meeting will need to ensure that a ver- batim record of the proceed- ings is made- which Includes which the appeal iand s based pen Anyone who needs a special accommodation for this meet. Iry9 must contact the Coun- tlAmericans with E ess Act Coordinator ats(7772) 226.1223. at least 48 hours In advance of the meeting. Indian River Board of County y Commissioners By:Pub n' Bob S So2019Chairman TCN MPO Fleeting Announcements NOTICE IS HEREBY GIVEN that the Indian River County Metro - will be hostinlitan g the following bell be told lin County Admt- istratlon Building 'B•, Room 81-501. located at 1800 27th Sthe dales` and Ernes sped n. February 22. 2019 10:00 AM. MPO Technical Advisory Committee (TAG 2120000. February 20. 2519 10:00 AM Transportation Disadvantaged Local Coordinating Board (nTqDDLCB). Subject of the meet- ilection ofTD AdmEnlstrrative Grant Inivoic : AnuinTerUpdate; alPLUM Hearing. March 5, 2019, LOC PMO. CoPmmittee (CAC) Meeting. Starch rMetropolitan r ln Plan10:00ning Organization (MPO) Board Meeting. For additional iniormalion or to ntact Phil Matson at (772) 326.1455. iAnyone Who needs pedal accommodation for this meet - ng will need to contact the Cunty's AmericaWith Dis- abilities Act (ADA) Coordina- tor at (772)2264223 at least 48 hours In advance of the Isling. Public 93,607pagon solicited without regard to rp0color. national aright, ?cosier, religion, dsabill- (Metnogdtosan enblectn har9).y be Pub Feb 17th 2119 TCN2239038 ADVERTISEMENT FOR BIDS INDIAN RNER COUNTY Sealed blds will be received by Indian River County until 2:00 P.U1v..,,00�n Wednesdday�11aoh 13 milted Ein n Wit Mall sub- address of the bidder on these 26tside and the words •0079 ME11LG1(W AN Hi9It LANG ORIVE_INTERSE7T10 2 6122&"6111(5 should be q addressed to Purchasing Divi- sion, 1800 27th Street Vero Beach. Florida 32960. All bids will be opened publicly and read aloud et 2:00 P.M. All ids received alter 1.00 P.M., on the y specified above. will not be accepted or considered. INOI7NRNER_C0V1(LL P001EC N0.(RC•-2362_ INOIAx7RLEQ11 D po.2ot90 PROJECT DESCRIPTION: The Oe Old Dixied e 6(9bwmyy to In hland Drive Intersection a consist ofthe roadwayy reconstruct. 64 d M reclamation, tsrruutilictural asphalt, surface face azo 39.curb 00 Improve- ments. sidewalk drainage soddi0d n.tpaveer umaeen o0500003s amens. Improve. All natrial and equipment lur- sExiled and all work performed hall be In strict accordance and the ntraactt deocu`mmenits aper- per- taining are available atr dmstar.c0Sm oloeitbay- lions-http://www3rc 00, anAIts det ch.peonge0b id shall be directedto IC Pur- chasing- Divisiona1 Ruches. no,0coovorn All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms 0 provided7. Pleasenotethat the Questionnaire must be filled out completety including the financial statement. BIB SECU- aid./andmust be Inoue form I an 010 Document 0310 Bid Chad, properly execua ed surety. doerr as ccerbfied check racashier's check, drawn on bustnnesss in the State f Florito - da. Bld Security must be In the sum of not less than p p Set��tt_�(SS%) o7 the total 0 E ( Indian Rive de payable to IndiattyRiom County Board of County the Contract awarded to the ladder, Bidder will enter Ina Contract with the County and famish Me required 100% Public Constructloh Band and certificates of Insurance with - In the timeframe set by the County. If Bidder fails to do so. the Bid Security shall be retained by the Count a es t liq- uidated damagand as penalty. The County reserves the right to dela a arding of the Con- irynp)tfor days afternthe bod id open Ing. to or reinformalities ector aliti s all born In whole or In y t with thwithout cause/or 60000,pt e hid Mat, In Its judgement II serve the best Interost 01 Indian River County, Florida.The The County will not rdm00052 cooBidder for Md weparaNOo [z. A MANDATORY the -lid Con- ference will be held on Thers• da Febma 2t 2o19a(lo_o0 ., roma 01-303 Wo of the Indian River County Admin- istration Building located at 1801 27M Street, Vero Beach Florida. 32960. ATTENDANCE r AT THIS CONFERENCE IS 929010ED. No bidder arriving afterab meeting has d 0 sign begun In. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication In the Indian River Press Journal Oat: Eebro9�L10, a 4 112019 TCN 322568 NOTICE OF APPLICATION FOR TAX DEED Tax Deed Fit No.: 18-379 NOTICE 15 HEREBY GNEN, that holderoffollowing c rUll fate has filed said certificates or a tax deed to be issued thereon. The certificate num- ber and year of Issuance. the property, and the h names iof nwhich it was assessed areas follows: Certlficot No.: 2016/5640 Year of Issuance: 2016 Address: 2901 SW 6(7100IO ST, PORT SAINT LUCIE Property Description: PORT 5T LUCIE-SECTION le- 8LK 1382 101 IT (MAP 43/135) (OR 1140-2009) Parcel ID: 3420.565-0886-000/3 Name(s) In Which Assessed: SOPHIA BURKE Sold property being t the County of SL Ludo, Soo of Florida. /Ness sold certificate shall be redeemed acc0rdin010 law air Deed Appiic nil ceartlffocate hall be solold in such um highest bidder by electron- ic sale 4th of March, 2019 at https//sdncie.clerkauc6on. cm at 1000 A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP- ERTY WILL BE 501D AT PUB. 11C AUCTION ON 03/04/2019 UNLESS THE BACK TAXES ARE PAID. TO MAKE PAYMENT, OR TO RECEIVE FURTHER INFORMATION. CONTACT THE CLERK OF COURT IMMEDIATE - 1 7 AT 2300 6IRGINIA AVE, 348 FLOOR. FORT PIERCE. FL 34892, 772-462.6926. Property �y be ¢deemed thr0000 the SL Lucie 20y0015 Toxo It3 ar. ndF r instructions amounts and the Tax 200,0' or, 772462.1650. Dated this Melly of February ANGELA Deputy GerrkGINS, Gcrk .e the Clrodl Cowl 5t. Lure County PUBLISH 05165: Mar 02, 20)9, Feb 24, 2019. Feb 17, 2019. Feb 10, 2019, 1292223066 Tnirmm VERO BEACH - 6447 55th Sq. hate 3/2 ranch In sought -0f - ter Hl4h Pincus. Newer every Thing Oversized 2 -car gar. .3. bock porch cue ,Nnks prof.100d90. yd. 11 to 65 h, g - west to High Einbeint'd. Take nesen Tran' ce. 5229.900. [ lI21926-4791 Carolyn ealtor Mac Evoy Real 6 216010 CO 2249 SE TRILLO 5T PSL - LARGE Ct) HOME BUILT nINN r004- oom. Ig Irving w/ vain lt- rd 00700ngs and laminate ampleBa 3 bedroems with e pia closets are d 2 co- ed, laundry roam and 2 car arage.014New caupgrad- ed with Co /art binetops. New appli- fies, two MMU baths, new xtures, tilos and vanities. Screened entry " willffenced, deep porch d pumpl landscaped all. In good condition ask- ing 0241900 (772)237-2959 BEFORE THE BOARD OF COUNTY COMMISSIONERS LNQI SN RIVER COUNTY FI ORM NOTICE. OF REZONING. PUBLHEARIC HFARINQ NOTICE IS HEREBY GIVEN Out the Board of County Commissioners of Indian Riser County, Florida Nail hold a public hearing to consider adopting a COunty Ordinance zoning and within the unincorporated portions of Indian River County, at iu regulw means Lin Tuesday, March 5, 2019 at 9:00 a.m., or as soon thereafter as the loaner may be heard, in the County Commission Chambers of Me County Administration Budding located at 1801 27th Street, Vero Beach, Florida Matters a0beting your personal and properly rights may be hard aril acted upon. All interested per9001 are invited to attend rad be heard. The tide of the proposed ordinance is. follows: (Quasn-Judicial) AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMFNDNG THE ZONING ORDINANCE AND ZONING MAP FOR +1- 11.59 ACRES LOCATED AT THE SOUTHEAST CORNER OF 79TH STREET AND US. HIGHWAY I FROM 0L, LIMITED COMMERCIAL DISTRICT, TO R.M-6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE) (FIGURE I); AND TO SIMULTANEOUSLY CHANGE THE ZONING DESIGNATION OF +4- 10.61 ACRES LOCATED AT THE NORTHEAST CORNER OF 41ST STREET AND U.S. HIGHWAY I FROM 81(-6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE), TO CL, LIMITED COMMERCIAL DISTRICT AND TO CHANGE THE ZONING DESIGNATION OF +y- 0.03 ACRES LOCATED ADJACENT TO THE NORTHWEST CORNER OF THAT PROPERTY FROM RAI -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRE), TO OCR. OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT (FIGURE 2); AND PROVIDING CODIFICATION, SEVE•RABILTI-Y. AND EFFECTIVE DATE. The rezoning application may be inspected by the public at the Community Development Department of the Conry Administration Building A, located m 1801 27th Succi. Vero Bexh, Florida, bcmvrn the hours of 8:30 am. and 5:00 p.m. be weekdays. For more information, contact Bill Schu0 at (772) 226-1243. The Bawd of County Commissioners may adopt another zoning district, other than the district requested, provided thou the recommended raring diarist is consistent with the eonty3 comprehensive plan. Anyone who may wish to appeal any decision that maybe made at this meeting will need to ensure that a verbatim record ol'the proceedings is made, which includes the tea ranny and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact Uoe Conty9 Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hour in advance. of the meeting. Indian River County Bund of Cunty Commissioners BY -s- Boh Sohui, Chairman it GORGEOUS HOME •SANDNP- ER 498, Spectacular view of goll clul s` ticoi `I. 3losetn no , 4794th�y, beach. Won- dertw tires. for families d retirees. Meticulous lrey mkodolo L. Shews Cemple!o hmouodelse bks home. Open house Sao/ Sun 1.4pm. 772-444-7405 (772)4444405 NEW CONSTRUCTION • 3135 62nd Ave, 388, 280. 2CG 3156. no 000. Side ot.36K. Special JerlclnO aval for troth. Over 2k sq It. under alr. Large Lots. (772)633-1140 Ilene Victor. Keller wlllams. VERO BEACH • LAUREN CONNOLLY 772-633-5453 l Vista Palm Ln 0102 180/2BA; New Paint 8 carpet Updates In Kitchen 8 Baths 589,900 1908 3710 Ave 381/200 Tropical Oasis XL 3.bay garage 8 9' overhead doors. 9255.000 Laure Broken/owoer25. GRI 5(0AI 111 ra7s YCC GOLF COURSE HOME beautiful CBS . 3/3, w/ pool 8 spa, wide plank flooring, tole- Lunation shutters AND MUCH 11096! CALL (248)721- 69415494.900 SECOND 5TOR7 APARTMENT Palm City. 200/100- Gated. oulel Countryy Setting. Fully Foiahed. No Pets. Non -Smoking. 5975 for 1 eel, ScS3e6st nd uty (772)2362 VERO BEACH - Vista Royale. 2/2. All tile floors. on golf course. Many u es. 110.5,000. (207 4490 MU 60001E GT. n0005 vliatool 044.0b..n�: . ny Call veto Beach 4009WY3303 2600 Sobel Kanner. 200/ rGround level. Water community. Club house pool and ame- nitles. Available April 15th ( n Nanytime to New. 51350 Monthly VERO CONDO Delightful 1/i Minot Mil ful epMxa, rarpar1 ownerfinanncin( grounds559-4041 38R/2BA- 48514 Place SW. Only 61299 no credit/ bad credit OK, Owner (Inc 590,000,6.7%for 15years all (772)5384935 PSL- SANDPIPER BAV CUSTOM HOME -3/2.5.2086 SF under k668 5E garage upgraded itchen w/granite, SS on 0.5 2149 SE Pyramid Rd., 93496 (772)342-7131 Wheels/Recreation Buy and Sell here! locatfieds MOCEGETrWreD REQUEST P1143(0R2 61D (RFD) Martin Board County Commissioners r lssioners Purchasing Divislen 24015.E. Monterey Road Stuart, Florida 34996 wwwml00eran(oas be The Corn - 110d 0ersa MartinCounty County. Florida, will receive sealed bids fon SALE OF SURPLUS PROPERTY GREEN RNEP PARKWAY 110913E LOT 2 Sealed the Informllation Desk on aha9el until¢ 2:30 PY cthe at the al time, on Wednesday. March 13.2019. The complete bid document wwwoemanodstae.com from (online bidding site) This document may be repro - Pon requestan alternative format n byn' fading the County AOA Coordinator (7721 320-3131. the County Administration Offke da Relay 71 ) aor by co Fit- Ing r accessibility feed- back form at www.martin. flus/accessibility-feedback rwumtam CITY OF FORT PIERCE NOTICE OF PUBLIC HEARING FOR AN ANNEXATION The City Commission or the City of Fort Pus, Florida, pursuant to City Chang and Flnr0a :Saw: 166041, Lill hold PuNic Hearings on h/onay, Much 410,2019 and 010001y, \arch 13011, X319 in da City Hall Commission Chambers, 100 North U.S. 01. Fon Pers, Floru, at their muting ahieh begun at 6:30 p m., to sv0dder renew and approval of she folloaing: ORDLN.LN06194x0- AN (1 RDNANCF. FCFF\DINC. THE TERRITORIAL LIMITS OF TFIE CITY OF FORT PIERCE, FLORIDA, 00 INCLUDE 2607 KERN STREET LN FORT PIERCE, FLORIDA AN0511OWN ON EXHIBIT A; 019001TNG TI5E ST. LCCIE COUNTY PROPERTY APPRAISFR TO AGCRG9 SLID PROPERTY AND 011.40E 1T ON THE 0TTY TAC ROLLS .50 OF JANUARY 1, 2519: 9106 1131: THE ST. 0.UCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE IIEREN DESCRIBED PROPERTY; ESTABLISHING THE ZONLCG DESIGNATION; ESTABLISHNG THE LAND LSE DESIGNATION: 10(RECITNG FILING OF 711E ORDNANCg WITH THE CLERK OF 711E CIRCUIT COURT AND CHIEF .5D\IINISTRATIVE OFFICER OF 51: LUCIE COUNTY; DIRECTING REVISION OF TIH: CILARTER BOUNDARY ARTICLE TO BE FILED WITII THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE: OF ECONOYIIC AND DEMOGRAPHIC RESEARCH; P009101NG FORA SEVERABILIY CLAUSE; REPEALING ALL ORDINANCES OR PARTS T0EREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN P.FFS.CTIVF: DATE- Ail ATE All migrated pates may appear al Me merdng and bo heard with 10epen 10 tow annesation. Said Ordinance 0011 d svadaMo for iospccuon in the City Clerk's Office City Ilal. 100 North U.S. 01, Fort Pierce, Florida. ANY PERSON SEEKING TO APPFAI. TIIR DECISION OF TIE CITY COMMISSION A5 TO THE FOREGOING IS ADVISE]) .1110.1. A RECORD OF PROCEEDINGS IS REQUIRED N ANy' SUCII APPEAL AND THAT SUCH PERSON MAY NEED TO INSURE THAT A VERBATIM RECORD OF PROCEEDINGS IS MADE INCOMING THE TESTIMONY AND EVIDENCE UPON WHICH 051E APPEAL IS TO BE BASED. In asordone with the Americans with Disabilities Act and Seesion 36.26, Florida Statutes, person beth &abilities needing special accommodation to participate in this mating should maniac] the City Cask's Otos a1 (7724467-3065 m lust 41 hours prior to the mating. N700900i*l 2/W17C/3)19Cairn(oo 7241k 19 -tg Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published In the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published In said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO 463755 - INDIAN RIVER COUNTY PLANNING 2224128 FLU BCC FINAL HEARING Pub Dates February 17, 2019 Sworn to and subscribed before me this day of, February 18, 2019, by Natalie Zoll (X) personally known to me or ( ) who has produced Karol Kangas t'. , KAROLEKANGAS NotaryPubllc-StateofFlorlda Commission f GG 126041 ti�R+ My Comm. Expires Jul 29, 2021 9andedlhrghNaaakl*limy Asa01,111,11 Notary Public who is as identification. S�-11 10.4 2. g� 246 1 SUNDAY, FEBRUARY 17, 2019 1 TREASURE COAST NEWSPAPERS VERO BEACH CENTENNIAL A look back at the city's history with electricity Colleen Wixon Treasure Cost Newspapers USA TODAY NETWORK - FLORIDA VERO BEACH — The city got into the electric busi- ness lust to keep the lights on the dark streets. It would take almost 100 years for the city to leave the business. Vero Beach residents originally were customers of the private Vero Utilities Co. Rot when the company closed 101919, the City Council stepped In to buy It for 99,000, city records show. Nearly a century later, the city sold the system for more than 200,000 times that original investment. In December, Florida Pow- er & Light Co. bought the municipal power utility for 5185 million, ending years of complaints from city electric customers about higher rates. In 1920, voters authorized the city borrowing 5100,000 to build Its water and electric plants: They voted 49-5 to borrow 570,000 for a water plant and 51-2 to borrow 530,000 fora power plant. The city sold 30 -year bonds with a 6 percent in- terest rate. In 1936, the city received a federal grant and loan to build a 972,000 power plant, records show. The 529,000 grant covered part of the construction cost, with the balance to be covered by the long-term loan. In 1936, the dty had a record 1,153 elecnic custom- ers. When the utility was sold last year, It had more than 35,000 customers. Today, the large, blue power plant on Indian River Boulevard and 17th Street is slowly being dismantled. The plant last generated electricity about four years ago. Vero Beach officials are again talking about what to do with the 13 -acre property once the power plant Is demolished and FPL builds a new substation on the former postal annex property across Indian River Boulevard. .1: Sao oat TCPaim. TCPeIm. I Treasure Coact Newspapers The e -Edition o.r ,• '.deedmeow.... ow,s„a:"Ta " Activate for access! Photo...we Ws • ..ext r.tnr..d . ward, - ;mebA, roaeRW .}IrtFfiaQ Sou phase, ar.aa... =l is fZ=M Download the app Thorn, ea much re own.. r Affordable "Non -Lawyer" Solutions, The. Est 1996 9WILLS, IJVING TRUSTS, , IOmbedy A.TAT,i. Dw0RCP,..dn,re_ ! 2S ara4d Dean MS H772-as 3778-ooead • f An !I rA3.126-27 RII r Q < H8 1da' Lc F's M I,,n IM 1 Q 4}'� l4l 71 is 0 el Call Goodtime Getaways 1488.6694068 or register online: www.goadtImegetaways.tem 3113-18 CHOCK FULL .CHATTAN000AC000CHOO 8Veab Faverbast Crubs Ro Reds Fah, bary Mg.41uNOln",twbe 0) In9ne k,lMoy Glue Ridge R Uba Coes Cols Tour. 161118971d,b1.'da UT CORMAKESIOE NN FUNGUS, 1' SWBDlneatLakeoUe,lluawm aM KM oCly Comedy Tout 11364 ppMN O M SM -W NEW ORLEANS stTODTCIR-Jar C 2days nll.0, Boat Tow, 6hr4n Roll, Idaya In KO, 181 Mori. lfH�ppMN E IRS VICTORIAN TEAEIPERIENCE 1999 — 212! CABSAOAGA 91111 REAOP90 1997 '5 3111 IISSION INN, UT. DORA,YALANA 1669 73 GULFSTREAY RACE & CA99401139 a arm St JOHNS RIVERCRURE& LUNCH 1199 193 LAKERIDGE VANE&SEAFOOD FEST 1156 o412 DELRAY YACHT CRUoEI168 5 4S CAPONES MATINEE 0191413i1110W1$91 O 4N MT. DORA BLUEBERRY FESTIVAL IPI DONNA Z's TRIPS:1486368.6066 9 33/22 NORTOONMUSEULpASS MALL &(1 ULUNNCH 1595 a 3717 JUNGLEQUEENCI1U15EO1 t Dinner, Entertainment a Gu 4179414 FNITASOC FLORNAI • Hely land Erper. V Ybor Cly.N Kennedy.,`LIZTLft,"A C SPdr'9UmH6 RWIeL DMk Lrvasnada 1 f579 ppMN Call tale Carpet Ride -866462,4424 or online: bream Roues 8 Casin.travel Gulfstroam Races A Casino Coconut Creek 8 Isle One Casinos Two diesel engines stand In 196a, at the old Vero Beach Power Plant on 19th Place. Vero Beach resident Fred Veargin watched them all daily to be sure the engines are in top-notch shape. Together, all five were capable of turning out 13 megawatts of electricity. R.M. BRINCKERNOFF/PRESS JOURNAL An aerial view of the Vero Beach Municipal Power Plant from July 2014. ERIC HASERT/TCPALM Island Pines Golf Club 6700 INDIAN PINES BLVD. • R. PIERCE, FL 34901 Thursday Special $5Off 'AIIrReg I1ar,Price-d Go f All Day Long . .. rata ;y. rB ofc�tee h es online�,e^ Is am p n gof.com�'' 7'72-464-7018- FULL LIQUOR BAR 1j NOTICE TO PROPERTY OWNERS CITY OF SEBASTIAN, FLORIDA INDIAN RIVER COUNTY SEBASTIAN STORMWATER UTILITY The Cit' Council of the City 4f Sebastian, Indian Ricer County, Florida, proposer In adopt the following ordinance and resolution: Ordinance No.0-19-02 AN ORDINANCE OFTHECITYOFSEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 102, ARTICLE V OF THE CODE OF ORDINANCES, PROVIDING FOR CLARIFICATION, UTILITY FEE CREDITS AND ESTABLISHMENT OF FEES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-19-03 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR METHODOLOGY, APPLICATION, DETERMINATION AND DEADLINE FOR REQUESTING STORMWATER FEE CREDITS PURSUANT TO SECTION 102-124 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILfTY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. City Council will hold public hearings concerning the adoption of the about referenced ordinance and resolution on Wednesday. February 27. 2019 at approximately 6:00 pm. in the City Council Chamber; City Hell, 1225 Main Street, Sebastian, Florida. All affected property owners have a right 10 appear at the hearing; At the conclusion of this hearing the City Council may adopt the resolution and enact the ordinance into law Interested parties may inspect the proposed resolution and ordinance in the City Clerk's (glitz al City Ifall, Monday through Friday S a.m. to 4:70 pm. and may appear at the hearing and he heard with respect to the proposed ordinance nrry person who may wish to appeal any decisionwhich y be made by the City Council at this hearing will need w ensure that a verbatim mord of the praczeding is mark which rword includes the testimony and evidence upon which the appeal will be based (256 0105 F.S.) In compliance with the Americans wish Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City's ADA Coordinator at 772-589-5330 at least 40 hours in adtanee of the meeting. Published: Sunday, February' 17. 2019 THIS WEEK IN HISTORY 90 YEARS AGO: 1929 Milk supply high In quality VERO BEACH — The milk supplied to the citizens of Vero Beach from the local dairies Is of exceptional quality according to the report of analysis made by the State Board of Heatth for the month of January. Samples of milk from each of the three dairies were sent t0 the state board of health by Miss Leila Bunkley and a report made to the city health officer, Dr. E. B. Hardee. The present milk supplies to the city compare favorably with that of any dairy in the state. The total bacteria count Is low and the milk Is entirely free from pathologic bacteria. The butter fat content averages 4.1 percent and Is considerably above the requirements of the board of health. 59 YEARS AGO: 1960 01,150,000 lighting program VERO BEACH — A 10 -year street -lighting program, to cost $1,150,000, all accomplished by electric revenue earnings, was Initiated by the Vero Beach City Council ata special meeting. The Council also set in motion bond ordinance changes to enable the city to borrow 64,500,000 during the next 18 months against electric earnings. The two moves are based upon recommendations by the Mayor's Tax Stability and Debt Safety Committee, of which Art Karst Is chairman, and by the city's financial advisers, Leedy, Wheeler a Alleman Inc. of Orlando. Aslan lutelarl. A.D. OrrtanV AIt1OKxn' The Only Hearing Aid Office owned by 0 Doctor of Audiology in Indian River County and Port St Lucie rover 35 Years of Experience` j Aa r ons H ea ri n g C a re. co m Vero 772-5625100 1 PSL 772-879-1800 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, ,FLORIDA NOTICE OF FUTURE LAND USE MAP AMENDMENT FINAL PUBLIC HEARING TR, Board of Cm Commix -Saws w Indian Awe emery Ronda, oa ,.,n mder carat awn. ••anima= ®r Leadurn Mu N Mem1rCanrnpa. A mi.Npod. hatom aran.41. hoe an AprcADAD Yred,. YU nil u,HTAl,d 1.101.. 0fOnsm. 6 eo®NComva>na Crarracts or Bar., n. l..e1a 1991 nm vr.a Vas. Roan, SSIM.. M 5000 .mw..d.mn a he oQ :n l, pmpored urdm.mr r. t.a.h.Tsaban anwwd RamnlnSWl n War.lmmH ORDINANCE OF INDIAN RIVER CO F101 mA, AMENDIN'O THE FUTURE LAND USE MAP BY CHANGING THE LAND E DESONAT10N FOR M. US: ACRES LOCATED nT ERB SOUTHEAST CORNER of HTH STREET AND US HIGHWAY UCTRIAl. To .1. N11.11110.1 DENSITY RESIDENT A41 TIN TORS UNTIS PER ACREI (FIGURE Is AND To SIMULTANEOUSLY REDESIGNATE .. 11 M ACRES LOCATED nT THE NORTHEAST OPRNFR OF.1ST STREET AND US HIGHWAYS FROM M-1. MEDIUM DENSITY RESm4NTLALI IUP TO. UNTTS PER ACRD TOM COMMEROAL IDLSntret ' UFFiNArTC PRONOINO CODIFICATION. SEVERABILITY. ATE TM Land U, SOP nm.M.-1 .Ppa.doo may b. In toed try e. Pott, u w Comm., Development Dmr,®m ,n,M Cam4 Ammmuu.R- y...rad 01.01 m sora Coo hex, Few. brmv, oar Roam or ..13 aro .rd 1m pm ea %We, For mm .Rema... ®am am 2.1241. mrerm..4. reto • Pa rano..• is m.s. Mod w rlimnnr.Maw�mm-.ae"�m .roe x 1..d Ayu ,an oradr r swirl. rrnmod -n rm:n m"mM mm emir. Ow wooly. Amrr..aisittLaws Adcr.na®ratwlmlTarlm.alalamat WA wa.Ar menu.. led6el GCV0 PardacyCaronierrows B1 -+ Boa Sohn.Cb reran 931 /08/ INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission t NAME OF INDIVIDUAL OR ORGANIZATION: 3p e votie SlM rrtAO j�.� 6'110— m1_p %/ ADDRESS: 7330 ZS( ,>_.�_S'O _231�- PHONE: 7� i - u( SUBJECT MATTER FOR DISCUSSION: ZO rt 4/`- / rr`G f C2S O/ c h.. 7,.(06,7 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OFA DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? NO NO Ala) , sA) `a) - Co rcict f 1rxs5 and. t� t tI -\fct€� C ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ) WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: F 'County Admin: EsecAssttAGENDA',Public Discussion items Form doe — l0 lid.!(„,e 440 3/05/2019 10.13.1. Our Neighborhood 37th street betWeen 66th ave & 74 Ave Canal . • ' . . Dead End Road „,,' a •'/:g.#f"',."--w7-71, ' 7`4,‘,.7 ,..„'„7..„1, A- . 44$ '' *".ite.,14„,..”, 4,,t,,, - -.'"?' "s' : ' V tr"6. 41 ,,,, , 2 . ,.., , 4,42, 1°4, ,,, . , ,...:,„ ' : ,,, ,,•., + , :'..., A';''', 4 „ .,' • . ,„1'.. ‘ • .1. .., f„. , , , -11 , -.-rt 4 4 L'ske : • . - '. . 1 e ; ','",- ' ' = ' r, , , ,. ;,' ' T -4 ,. - if ; --. ' ' - , : ,, . , „ .,4" , „ ''' ' t , Oasi BE •'' 1 - . L ': ' '''''. ...' 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SOURCE :http://www.caribbeanlawn.com/ Services • Grounds Maintenance • Pest Control and Fertilization • General House Hold Pest and Rodent Control • Termites • Landscape Enhancement • Landscape Design • Landscape Installation • Landscape Lighting • Irrigation • Exterior Plant Care • Mosquito Misting Systems Caribbean Lawn & Landscaping Inc SOURCE :http://www.caribbeanlawn.com/ Ground Maintenance • Lawn Mowing • Lawn Edging • Weed Eating • Shrubbery Clipping and Shrubbery Trimming • Clean Planters and Weed Planters • Use of Blower for Cleaning Sidewalks, Porches and Driveway • Irrigation Filter Cleaning • Outside Pest Inspection • Brush Hog Mowing 3/05/2019 10.6.1. Caribbean Lawn & Landscaping Inc. SOURCE :http://www.caribbeanlawn.com/ Landscape Enhancement • Mulching • Annual Plantings • Sod Replacement • Stepping Stones • Walkway Additions • Landscape Lighting Section911.04.(2)(C) (c) Permitted uses. No structure shall be erected, constructed, reconstructed or structurally altered, nor shall any structure or land or combination thereof be used unless the use to which the structure and/or land is to be put is listed in the permitted use section of the applicable zoning district and the use fully complies with all of the applicable district regulations, except for nonconformities as provided in Chapter 904. 3/05/2019 10. B.1. Section 911.04 (2) (g) Agricultural uses within L-1 and L-2 land use designations. The following agricultural uses which serve as or enhance open space and green belt functions are allowed in the A-1 (Agricultural - 1) zoning district within the L-1 and L-2 land use designations. • General farming • Livestock and poultry raising • Stables • Tree farms • Kennel and animal boarding* • Specialty farms* • Nursery and greenhouses* • Fish farms* • Aquaculture* • Similar uses as determined by the community development director. • *These uses are allowed if substantial open space or green areas meeting or exceeding applicable zoning district standards are involved in the use. Section 911.06. - Agricultural and rural districts. (1) • Purpose and intent. The agricultural, rural fringe development, and RS -1, single-family districts, are established to implement the policies of the Indian River County Comprehensive plan for managing land that is not part of the designated urban service area of the county, as well as land within the urban service area which warrants a very low density designation, by providing areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. These districts are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities which require non -urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. Finally, the RFD, and RS -1 districts are intended to buffer active agricultural areas from urbanization. ilf() ' 12 3/05/2019 10.6.1. Section 911.06. - Agricultural & rural districts. • Accessory use a use which: • (a) Is clearly incidental to, customarily found in association with, and serves a principal use; • (b) Is subordinate in purpose, area, and extent to the principal use served; and • (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use. Dictionary result for accessory adjective Contributing to or aiding an activity or process in a minor way; subsidiary or supplementary. synonyms: additional, extra, supplementary, supplemental, auxiliary, ancillary, secondary, subsidiary, supportive, assisting, reserve, complementary, 44' 13 3/05/2019 10.6.1. CALL THE LAND EXPERTS! -772'231 =7.76,:: =1886 E: SANDPOINTE PLACE, VERO BEACH nLORIDA 32963=, ,.IDENTIALrA LISTING MAP 1-CONTACT;U 5, 7.8,:11.9 OR ENTIRE 20 ACRES ON 61ST STREET High and dry, well—maintained 7.8 acres ready for all of your agricultural needs and perfect for a landscaper with lots of trucks!. No HOA!. Adjacent 12 acres to the west available as well for a total of 20 acres. Desirable street with many fine homes! GALLERY 14 //p Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: February 26, 2019 SUBJECT: City of Sebastian Fire Marshal On March 6, 2018, the County Attorney's Office presented an agenda item to the Indian River County Board of County Commissioners (the "Board") concerning an ordinance being considered by the City of Sebastian (the. "City") City Council (the "Council"), that would establish an independent City Fire Marshal's Office. The Board voted to oppose the ordinance. On March 14, 2018, after taking comments from the public, including testimony from the County Administrator, the Council voted to approve the ordinance. On April 3, 2018, the County Attorney's Office presented an agenda item to the Board asking for guidance on how to proceed, and provided the steps needed in order to see if the Indian River County Emergency Services District (the "ESD") and the City would be able to resolve the differences between the two entities before any litigation is filed. The Board directed staff to draft a letter to the Council and to Mayor Hill providing the option of whether to stay with the ESD including the Fire Marshal's Office, or exit from the ESD and provide their own fire protection within the City limits, with an additional paragraph concerning an interest in obtaining a conflict resolution. On June 12, 2018, the County Administrator presented an agenda item to the Board including the letter of response from the City which indicates they would proceed with their plans to establish an independent Fire Marshal for the City. The Board directed staff to utilize the dispute resolution process under the Florida Governmental Conflict Resolution Act, and directed the County Attorney's Office to draft a resolution to initiate the process. County staff worked with City staff to see if a compromise could be made prior to initiating the conflict resolution process under the Act. Unfortunately, this was unsuccessful. On February 5, 2019, the County Attorney's Office presented an agenda item to the Board including a draft 441 resolution declaring the intent of the Board to initiate the conflict resolution procedures set forth in Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act ("Act"). The Board approved Resolution 2019-010, declaring the intent of the Board to initiate the conflict resolution procedures, and finding that a conflict exists with the City with respect to the City's Fire Marshal's Office. On February 7, 2019, staff notified the City of the Board's decision to formally initiate the conflict resolution process, and scheduled a conflict assessment meeting. On February 26, 2019, a conflict assessment meeting was held. The County Administrator presented specific information related to the conflict from the County's perspective. A summary of the County's perspective presented at the meeting follows: • The City established an independent City Fire Marshall's Office with all of the responsibilities as that of the Indian River County Fire Marshal's Office. Section 633.118, Florida Statutes, limits the types of entities that are authorized to enforce Chapter 633, Florida Statutes and the rules promulgated by the State Fire Marshal. Those include: 1) the chiefs of county, municipal, and special -district fire service providers; 2) other fire service provider personnel designated by their respective chiefs; and 3) personnel designated by local governments having no organized fire service providers. The City is part of the ESD. Since the ESD operates as an organized fire service provider within the City, the City does not have the authority to exercise such powers. Chapter 208 of the Indian River County Code governs the ESD. • The City desires the benefits of fire protection, rescue services, and basic and advanced life support services, but wants independence from the ESD with respect to the Fire Marshal's Office administration and enforcement powers. The County does not support fracturing of the ESD. In 1991, the voters of Sebastian, as well as Vero, Fellsmere, Orchid and the unincorporated area of the county approved a referendum to provide a consolidated fire rescue system throughout the four municipalities as well as the unincorporated area. This arrangement has been beneficial to all areas within the ESD. The County supports a holistic view of fire rescue, with both prevention and response critical aspects of the services provided. Fire protection is not just about extinguishing fires. Fire prevention is a key component to the overall fire protection delivery system to a community. This starts with ensuring compliance with the Fire Code. This is a life safety issue that impacts County and City residents and taxpayers, but has a particular impact on the County's Fire Rescue employees as well. • The City has stated concerns about the County overriding the City's home rule authority. This is a mischaracterization of the County's position. Our position is that the City can remain a part of the ESD, or establish its own Fire Rescue system. The City has framed this as a level of service and customer service issue. While service is an important component of the Fire Marshal's Office, it is, most importantly, a life safety matter. Staff fully recognizes and shares the Board's concerns as stated above. I believe that the dispute resolution process is about attempting to resolve our issues amicably. It would be beneficial for all involved to reach an agreement on this important topic. Staff stated that the County and the City should take all steps available to avoid litigation between local governments. While, sometimes litigation may be necessary, it is and should be a last resort. In an effort to resolve this dispute, I offered a possible resolution to the City at the conflict assessment meeting. 442 County staff would recommend to the Board approval of an interlocal agreement between the County and the City. The interlocal agreement would authorize the City to establish its own Fire Marshal's Office. The agreement would be similar to the agreement that the County worked on with the City of Fellsmere ("Fellsmere") a number of years ago (copy attached). While the Fellsmere agreement was never finalized, it is believed that there were only one or two items in dispute. The draft agreement between the County and Fellsmere contained certain parameters including: • Require certifications and experience for fire safety plan reviewers and inspectors • Require a second person to review initial staffs' work per intent of the Fire Code • Provide insurance and indemnification from the City for the actions of the City's Fire Marshal Additionally, modifications to the Fellsmere draft agreement are proposed, notably: • Rather than the County providing subsequent annual fire safety inspections within the City, the City would maintain that responsibility as well as handling special events within the City. (This would not pre-empt the County from undertaking inspections for life safety issues, but would rather assign routine/annual inspections and special events to the City) • The City will provide a report to the Fire Chief, on a quarterly basis, of the annual fire safety inspections performed in order to satisfy Section 208.09(a) of the Indian River County Code • The County would retain jurisdiction of fire safety issues for County owned or occupied property within the City (North County Library, Fire Rescue Stations, Sebastian Crossings North County Offices). City and County staff agreed to recommend approval of an Interlocal Agreement, including these parameters, to the Council and Board, respectively. Staff is presenting the interlocal agreement as a proposed solution to fully resolve the conflict. Please note this recommendation is not a dismissal of the County's position or the concerns the County has identified. If the Board rejects the interlocal agreement proposed, the parties would proceed to the next step of the Act which is to schedule a joint public meeting prior to April 4, 2019 (the joint meeting must occur within 50 days of the receipt of the first letter to the City initiating the conflict resolution process). RECOMMENDATION: Staff recommends the Board authorize an interlocal agreement with the City of Sebastian, and direct negotiation of the final terms of an agreement in which the City manages all Fire Marshal Services in the City within the parameters presented. Staff also recommends the Board authorize termination of the dispute resolution process under the Act upon the City's approval to negotiate an interlocal agreement within the parameters presented. The negotiated interlocal agreement will be brought back to the Board of County Commissioners for final review and approval. Attachment: City of Fellsmere Draft Interlocal Agreement 443 1-22-14 WWD INTERLOCAL AGREEMENT BETWEEN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND THE CITY OF FELLSMERE REGARDING THE PROVISION OF FIRESAFETY PLANS REVIEW AND INSTALLATION INSPECTION SERVICES THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered into this day of , 2014, between the Indian River County Emergency Services District, a dependant special taxing district (the "District") and the City of Fellsmere, a municipal corporation created pursuant to the laws of the State of Florida (the "City"), provides for the City's Fire Marshal Office to review firesafety plans and installation inspection services. WITNESSETH: WHEREAS, on November 27, 1990, the Board of County Commissioners adopted IRC Ordinance No. 90-25, abolishing the three existing fire districts and establishing the consolidated Indian River County Emergency Services District, as a dependent special district, subsequently approved by a majority of voters of the district on March 12, 1991and codified in Chapter 208 of the Code of Indian River County; and WHEREAS, on October 1, 2009, the Fellsmere City Council enacted Ordinance No. 2009-17, establishing the Fellsmere Fire Marshal's Office (the "FFM"), subsequently amended through the enactment of Ordinance No. 2012-10, for the purposes of consolidating plan review and expediting economic development; and WHEREAS, the City and District share a common goal of addressing fire safety issues in a comprehensive manner; and WHEREAS, the creation of the FFM has raised District concerns regarding liability, certification, and segregation of duties; and WHEREAS, the City and the District are committed to working together to address the aforementioned concerns without resorting to litigation; and WHEREAS, in entering into this Agreement, neither the City nor the District is admitting or denying the positions they have expressed concerning their respective responsibilities as set forth in the Florida Statutes, NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the District and City agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. Page 1 of 6 444 1-22-14 WWD SECTION 2. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 2(b); (b) This Agreement may be terminated by the City or District upon ninety (90) days notice to the other party. Written notice of termination shall be provided in accordance with Section 4 below. If the City terminates this Agreement, the City is no longer permitted to perform the functions described herein. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY (a) (b) (c) (d) (e) Services: The City shall perform firesafety plan review and installation inspection services within the City of Fellsmere, including fire sprinkler, fire alarm, hood suppression, commercial mechanical, LP gas, medical gas, and other similar reviews and inspections. The City has no jurisdiction or authority with respect to any inspections performed after the issuance of a certificate of occupancy. Application Notice: As part of the firesafety plan review and installation inspection service, the City shall provide notice on any and all applications that the District may perform future inspections, which may result in additional firesafety compliance requirements. Such notice shall state that it is recommended, but not required, that the applicant contact the District concerning the application. Insurance: On or before October 1 of each fiscal year the City shall transmit to District a certificate of coverage naming the District as additional covered party on its general liability insurance policy with respect to the City Fire Marshal's Office plan review and installation inspection services in an amount of not less than One Million Dollars ($1,000,000) per occurrence/aggregate. Certifications: All individuals providing firesafety plan review and installation inspection services on behalf of FFM shall be licensed and/or certified in accordance with the requirements prescribed in Section 633.216 F.S., as amended and by the rules and regulations promulgated by the State Fire Marshal. Experience: All individuals providing firesafety plan review and installation inspection services on behalf of FFM shall have at least five Page 2 of 6 445 1-22-14 WWD years of experience in performing firesafety plan review and installation inspection services. (f) Segregation of Duties: The individual performing the firesafety plan review and installation inspection services on behalf of FFM shall not be the same individual proving Building Official plan review and inspection services on behalf of the City. SECTION 4. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: City: Mayor City of Fellsmere 22 S. Orange Street Fellsmere, Florida 32948 with a copy to the City Attorney County: County Administrator 1801 27`h Street Vero Beach, Florida 32960-3365 with a copy to the County Attorney The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company; and (b) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 5. INDEMNIFICATION, HOLD HARMLESS To the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes and any subsequent revisions thereto, the City agrees to indemnify, defend and hold harmless the District and respective elected officials, officers, and employees against any claim, action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence of the City, in connection with this Agreement. This Agreement does not provide third parties with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. SECTION 6. IMMUNITY. Page 3 of 6 446 1-22-14 WWD , Nothing contained herein or in any instruments executed pursuant to this Agreement shall be construed as a waiver or attempted waiver by the District or the City of their sovereign immunity as it presently exists under the Florida Constitution and the laws of the State of Florida. SECTION 7. COUNTERPARTS. This Agreement may be executed in two or more counterparts, which may be facsimile or electronic copies, each of which, when so executed and delivered, shall be deemed to be an original and all of which, together, shall constitute one and the same document. SECTION 8. BUSINESS RELATIONSHIP. The City and the District are not partners or joint venturers or agents of each other for any activities pursuant to this Agreement, and no such relationship between them shall be deemed to exist by virtue of this Agreement. SECTION 9. CONSTRUCTION. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. SECTION 10. MERGER; MODIFICATION. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. SECTION 11. GOVERNING LAW, VENUE. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Page 4 of 6 447 1-22-14 WWD SECTION 12. CONFLICT. To the extent of any conflict between this Agreement and any existing City or District agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing City or Indian River County ordinance. SECTION 13. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 14. RECORDATION. This Agreement shall be recorded in the Office of the Circuit Court in Indian River County. The City and the District shall share evenly in the costs of recordation of this Agreement. SECTION 15. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01(11), Florida Statutes. APPROVED this day of , 2014. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependant special taxing district ("District") By: By: Deputy Clerk Peter D. O'Bryan, Chairman Approved: Approved as to form and legal sufficiency. Joseph A. Baird, County Administrator Dylan Reingold, County Attorney CITY OF FELLSMERE, a municipal Page 5 of 6 448 By: ATTEST: 1-22-14 WWD Corporation created pursuant to the laws of the State of Florida ("City") Susan P. Adams, Mayor Deborah Krages, City Clerk Date Reviewed and approved as to form: Warren W. Dill, City Attorney Date w: Icity offellsmerelfire marshalllesdila1-22-14 wwd clean.docx Page 6 of 6 449 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks & Conservation Resources Division /2C./ DEPARTMENTAL BCC Meeting 03-05-2019 Date: To: February 20, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Budget Director Kevin Kirwin, Director, Parks & Conservation Resources From: Beth Powell, Assistant Director, Park & Conservation Resources Subject: Sebastian Harbor Preserve Update & Approval of Work Order #2 to Carter Associates, Inc. for Site Planning, Design & Engineering DESCRIPTIONS AND CONDITIONS: The Sebastian Harbor Preserve, purchased in 2007, is a 163 -acre county -owned conservation area located north of Englar Drive in the City of Sebastian. In 2017, the County received cost -share grant funding from the State of Florida, Department of Environmental Protection, Florida Communities Trust (FCT) and entered into a formal grant agreement. The County committed to providing certain public access improvements, which are identified in the proposed grant agreement and management plan to include: • Construction of at least two recreational facilities (e.g., picnic pavilion and wildlife observation platform) • Installation of trails (at least '/2 mile in length) • Construction of stormwater improvement facilities (doubling as a wildlife pond) • Installation of a permanent recognition sign (acknowledging the FCT grant funding) • Interconnection of trails and parking with the Sebastian Stormwater Park (to the south) • Installation of Interpretative kiosks/signs On October 24, 2017, the Board directed staff to proceed with the trail system and public use improvements outlined in the Management Plan and Special Management Conditions of the FCT grant award. To this end, staff has completed the installation of a 2.8 -mile hiking trail system (exceeding the conditions of the FCT special management conditions by 2.3 miles). Staff has also solicited proposals to construct three boardwalks and one observation area/boardwalk. These boardwalks will complete the trail system and provide access through the wetlands. The ranking of the proposals and associated award details are anticipated to be presented to the Board in March. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900D1FFD\@BCL@900D1FFD.doc 450 Page two February 20, 2019 Sebastian Harbor Preserve Update & Approval of Work Order #2 to Carter & Associates for Site Planning, Design & Engineering In order to move forward with the other improvements staff has negotiated the scope and work detailed in Work Order No. 2 from Carter & Associates, Inc. This comprehensive work order includes: • Site Survey & Soil Investigations • Site Plan Approval • Construction Plans and Specifications • Permitting • Preparation of Bid Documents • Construction Services • Reimbursable Expenses Carter & Associates will also provide coordination with the City of Sebastian for site plan approval and other necessary permitting requirements. Future improvements will also include installing perimeter fencing and habitat restoration. ANALYSIS: Carter & Associates, Inc. has prepared CCNA-2018 Work Order No. 2, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. FUNDING: On December 4, 2018, the Board of County Commissioners approved an update to the 5 Year Capital Improvements Program for the period of FY 2018/19-2022/2023. Within this plan, $250,000 is identified in FY2018/19 and an additional $200,000 in FY2019/20 under the Sebastian Harbor Preserve FCT Grant Fund 145 for the Sebastian Harbor Preserve public use improvements. Parks Division staff estimates the total project cost at $450,000. Best efforts will be made to complete the project within the preliminary estimate outlined in the Capital Improvements Element of the County's Comprehensive Plan. Funding for the improvement to this site will be available from Account Number 14514639-066390-18035 / Land Acquisition Fund / Sebastian Harbor Preserve Improvements. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve Work Order #2 to Carter Associates, Inc. and authorize the Chairman to sign. ATTACHMENTS: Work Order No. 2 Carter Associates, Inc. with Exhibit A Figure 2: Wetland Boardwalk Plan Sebastian Harbor Preserve APPROVED AGENDA ITEM FOR MARCH 5, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900D1FFD\@BCL@900D1FFD.doc 451 plea5e r-eoace p tf5J-4� w ;4-k, J-Ineks -e f9 Pc-5,es WORKORDER NUMBER # 2 Indian River County Conservation Lands — Parks & Conservation Resources Public Access Improvements for Sebastian Harbor Preserve This Work Order Number #2 is entered into as of this 5th day of March, 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Carter Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional 'services set forth on Exhibit A (Scope of Work and Budget), attached to this Work Order and made part hereof by this reference. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work -Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein: IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of .the date first written above. CARTER ASSOCIATES, INC. 1708:2'fsr Street Vers Belch, FL 3 .. 0 ''11 Joh H. Blum, P.E., Principal ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 8y: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Indian River County, Florida BOAR') OF COUNTY COMMISSION Indian River County,' Florida Bob Solari, Chairman APPROVED BY BCC: March 5, 2019 Approved: Jason E. Brown, County Administrator Indian River County, Florida EXHIBIT A INDIAN RIVER COUNTY PARKS DIVISION PROPOSED CIVIL ENGINEERING AND SURVEYING SCOPE / BUDGET SEBASTIAN HARBOR PRESERVER BOARDWALKS, PARKING LOT, PAVILION, AND STORMATER FEATURE February 2019 CAI will provide the following scope :of services: TASK .I - SITE ,SURVEYS & SOILS_ INVESTIGATION • Perform Wedge purpose survey .of the .southeastern porion ,of theproperty including the following Field recover, record, and . verify southeastern property corner, above ground existing improvements, perimeter boundary line physical encroachments, and all adjacent off- site above ground improvements including edge of pavement (Englar Drive), aprons, signs, utility marker`s, drainage structures, swales etc. • Topographic Survey On-site and immediately Off-site for Site Planning Purposes — Perform differential level circuit from a published record vertical benchmark to establish on-site temporary vertical ,benelunarlc for survey, design, and construction purposes Observe and record vertical data of,.general existing on-site conditions and ground elevations,aroundt.the southeastern .corner perimeter boundary and the adjacent off-site conditions :of road, drainage, and above ground (visible) utility services. • Locate and survey wetland flags with elevations for jurisdictional determination. • Perform Tree Location Survey showing all protected trees including species and diameter of trunk within area defined, above. • Perform soil borings and .design report for the stormwater feature, parking lot subgrade, and pavilion foundation hnproventents. Fees for Task 1 services are estimated @ $7,900.00. TASK 2 —SITE PLAN APPROVAL • Develop dimensional site plan conforming to local permitting requirements. Depict existing boardwalks and proposed parking lot, driveway connection, and buildings (pavilion). Prepare site data to include land use calculations, setbacks, and open space. Complete and submit applications for site plan approval including all checklist items required by the City of Sebastian. • Prepare stormwater management report for proposed stormwater feature to include flood routings, retention sizing, discharge calculations, and recovery analysis. N:IJHB\PROPOSAL1Sebastian Harbor Preserve.doc Page 2 of 5 02019 by CAI Seniing Florida .inlet 1: 11 45aa • Prepare "code minimum" landscape plan to meet City requirements along with wetland planting plan (by others) for the proposed stormwater feature. • Attend Planning and Zoning Board meeting for review and approval of Site Plan. Fees for Task 2 services are estimated ® $7,400.00. TASK 3 - CONSTRUCTION.PLANS AND :SPECI-FICATIONS Develop drainage and grading plans for proposed parking lot and pavilion. Provide details for stormwater feature along with cross-sections. Prepare project specifications sufficient for bidding. Prepare .preliminary engineer's coat estimate for construction. Fees for Task 3 services are estimated ® $1,700.00. TASK 4 -_PERMITTING Prepare application documents to obtain the following permits; a City of Sebastian Site Plan • City of Sebastian Right -of Way Permit e City of Sebastian Ladd Clearing and Tree Removal Permits o St, Johns River Water Management District Environmental Resource Permit. • Army Corp of Engineers Nationwide applicable) Fees for Task 4 services are estimated . cr $2,900.00. TASK 5 , BID_DOCUM:ENTS It is assumed 'INDIAN RIVER COUNTY will prepare .a contract for .construction, including bidding requirements and general :conditions. ENGINEER will provide technical specifications and project plans in sufficient detail to def ne the scope and ;requirements for the site plan and stormwater feature. ENGINEER will assist INDIAN RIVER COUNTY in bidding the project by attending a pre-bid meeting and by addressing inquiries from potential' bidders regarding the scope of the proposed work. ENGINEER will assist the County during project bid review and provide a letter summarizing our recommendations regarding contract award. Fees for Task 5 services are estimated @ $2,400,00. TASK 6 - CONSTRUCTION SERVICES Review contractor's material submittals and scheduling. Construction inspection services will be provided for the duration of construction in order to ensure that the contractor's work conforms N:UHBIPROPOSAL1SebasIIan Harbor Preserve.doe Page 3 of 5 Sewing Florida 02019 by CAI 02k1 Since 1911 to the requirements of the project design drawings and specifications. Provide certifications upon completion of construction and review of contractor provided as-builts. Fees for Task 6 services are estimated @ $2,100.00. TASK 7 REIMBURSABLE EXPENSES Reimbursable expenses, such as postage, long distance calls, mileage, fax transmittals, prints, copies, vellum, etc. Fees for Task 7 services are estimated .......... ...... ..... ... ..... $500,00. TOTAL ENGINEERING MIDGET FOR TASKS 1 THRU 7 NOT TO EXCEED A FEE ..... .......... $24,900.00, ENGINEERING SCOPE ASSUMPTIONS: In developing this Scope of 'Services, ENGINEER represents to the INDIAN RIVER COUNTY that the following assumptions have been made and that deviation from these assumptions may require additional work and compensation on behalf of INDIAN RIVER COUNTY to the ENGINEER, 1. This proposal specifically excludes all applicationimpact fees, which shall be the responsibility Pf the INDIAN RIVER. couNTY, 2, This Scope of Services specifically excludes preparation of legal documents, easement .descriptions, structural, mechanical, electrical, and architectural work. 3. It is assumed that there is no new water or sewer improvements associated with this project. In addition, there is an existing fire hydrant located on the north side of Englar Drive near the southeastern comer of the property and is within 500 feet of the proposed pavilion for the required fire protection. 4. Wetland planting design drawings andinstallation will be provided by others. 5. Construction stakeout and as-builts are not included with this proposal. NAJHBTROPOSMASabastan Harbor Praserve.doc Page 4 of 5 02019 by CAI CAl.scsuliv{rgl,"11' CARTER ASSOCIATES, INC. JANUARY 2019 FEE SCHEDULE $taffType: Hourli, Rates Engineer (Principal) $155.00 Engine -v-1 $140400 Piakot:t 1.1 $45.174.0 EnginerIll $145.00 ElfginoorJV EtilipcOr V $4koyorprinoligl) Surveyor (5)%C.nnsultan0 eyqr J 8.01*:601. 11 • SUrveyor 111 CAD/GIS Tec l cm -41510H -CIAO/0'10.0a Ill CAD/GIN'TeChiy CAD/01$Tetii t105.00 $ OS:00 WOO $14.0#0 $1'40.00 $125:00 $105400 $115;op $1.I0,00 $10,00 $ 95.99 $ Administrative Staff $ 000 Expert *Koos $5090,0 7;o0 sop $11999 $ 6$:Po: 4 .$410:1)1. 'COW 41.00$100,0* 14446 Survey Crew ill6P0,10K 1SPECIMSIZED EOUIPMENT: Lej011!HD1'49 F.0,1.10.0 .$.115.00/Hour A110111-411)*At $300 0011:/ay Vehicle (ATV)/Trailer $2:50,11.0:04Y $1;000.0-0No1k REIMBURSABLEEXPENSES: Ostagc, Otprcss MAibjetc. Cost Bluepnnts/Blackkne (24' x 36") $2,0111FaCh POO:Prints (24"i35) $500/Ah 401#4g9 110 Standar Rate Mylar $1.001EsOh Phntncnpies: 85"x 11" :IV 1)")(17" Concrete Monuments Rebar Laths Hubs Sub -Consultants Cost +10% I50/Each 250/Each 3511E101 $29.00/Each $ 2.50/:EaCh $ 9.75/gob :$ 1.0O/Each Note: These hourly billing rates will remain effective for the duration of this Agreement. ItUFIBIPROPOSAUSebaslian Hatbor Preserve.doc 02019 by CM Page 5 of 5 A I spying noritia Since 0111 145g- D Figure 2: Wetland Boardwalk Plan Sebastian Harbor Preserve Decking of all boardwalks and overlooks will be a minimum of Z above SHWL as established by the County and approved by the SJRWMD. The linear footage of upland boardwalk necessary to meet this requirement, as well as any ADA requirements set forth by the IRC Building Dept., to be determined by the Contractor. w( • e- :,_ „..., , SZ._ NT it- •:".1.:17;.:pfv.•G •,i • Z. -'17,-... •---i 7 t, 1- ,..".. # -. • .. - .. ;;, ”" 1 ""' -3-L. J.:1 ,....11j4, -,g , v . - saistozes#, .-1. --.4#7.tr SEBASTIAN W.:7_,• z!, . .47 1 -fe'4,..:,--./..ic,.. HARBOR ,... - „- - .- .:,_ • - - • ..• .,....?.., , r r • • Alt ....04';'• tkRESERVE '' • .... , .,„ ..n.,, 7--'-' •-,..- t i 'At ig-ie7i..4 -••••• 0.4^ •?.../.' i e :- - • .4,-. ‘ ?..r. • .i..P-- ,->- .. t,'..t....'A:4•1;‘, . • ' - 4t - = ) -- ,..,,,—. ' • .. • ' :•.:(4 •.' ,L114 •v• :KER AV1- ,.,- ,RESAV) . r: L. _ • - ,:7.. J•1 • -. 7.1,.... •15 Vi '1, _;, 3''' . iz ' "; 7 ,,,,,ou, •:. - rc..,, _ - t., .:.,-;,\0 ' it F4 -‘7. '%•• '''..7..iut'r I I ! e „, . ,r, -,••••••, ,^..21 1...- ' -,!-- .' ,..r. , e ': ''' . • f f. ''. 'I 7-... -, . . ..,_. ,.. .,......, 4,11,, "-------;-'246; 7 7 77-7?:`, t• r if% 4.rk `..! - ...'' ''.,. , ,r- - r — - • ' - • - . - . -41( .Pr c' '-' 1 *4 ' • * -L r \ • ?.i• '') s . • i , it;, Legend Fvo - ;"::\ ,p\ -k,-,- • ...,....gr f -... k's 0 ,-- ., .7.._. • 1.A•tgriat:" • • --...,,,,ik-',,,..-,,,.,... :,. -a „rep-, ... , .' .ri.•;-.- ,•eltk,erkel› tiw,-..:,..7, A' Existing Trails ...vb.:ea:II _I '''' .•••t ..trh.ci_u= Itelklk..-...e,"..y... .. 7:7"5-.",....,- 47- -':'''', ,.-, Conservation Land c•:.,,,,,-,,,, ,,,:i.....1- • .._ .. ,„,.- ---7ENC,CAR DR f--f"'',.:7;w:,; .. - .4.4:7• fr:lit7A-7-- ' - '.N; . -.."4.7:' -4.. i - -I Boundary .'.• ' • fr'#''' "#'• AI 1% 3. *.lpik 1 ' Boardwalk Plan * , , , •,:_erchric ..,47,,5•:";.?: . . •A'," , ..k •i'..t,' q..S1.1-iV;:: .-'.• '1!*...: '1. .... :;:l '. Tte.;.:; :''''g-.:' ;: ,V.4.1:77;".. .t'- **At.) . . ' • ' ' . r , Wetland Crossings I —,-r-itrs ' - -,•vv...4., t . e' ••••.. r• 4.- 4,„, , .-..._ P.n. . • .1?' 4., ;:k ''..t ' ,1 •i•I r 7, ' ' f - : rt'''' f.til .4.--• ,N;4.:•..,,,,-, . <- . .' t. — - • • • 4,ifil 0 250 500 750 1000 • t. ,N..„,:•-:,17./...1.18•ir u,,,,, .!..2..3.-1._,. ...1.,..c, • ,••• 4, ..,,,. 47 .1(1...4 Boardwalk Dimensions -. ez--;,*"•-•;.i '‘`,,x,7:-..7.... , .,,,; „,.. ‘ ,.-.,- 0 .. t%F.,t... .014.` ''''r,-.•;,...----, '-",S, t '''''.-..-e.,- 41 -.1.-4,7'.%-t'': -,: ir- 1..t•lz..v. - '. - • - r - -r '.!..-: ' 2' '. ;'4 '' Iv 'AVII '4-J.'', i `' ' ' kv,i - , - -# 1, N,..7: .1.:N ... • # :.: Zrf ..t.....,..........• 'a_•.: ,,••,,,i3•••••••••.4. • s '4.!•:, , . ) i. •... ,.....12. Feet ...---• .t kr .e- 1..7n '''' JIV s."..?v# .. , .-.• . #-..-. .."r+Q.. 1 ,........, 4i ra ...:.ci.i. jo t...4.2_. • 4 • 4-'te.114." .+4.:,;L...1% -211' -tr 411,74T.W , I . - I:* ' I -. 't ..: ..E.•70.. Data Sources: IRCGIS, IRC Parks, 2018 / .• .."" Aerial Imagery: Pictometry, January 2018 '''ff•-•,* 4-• . .1 kiLi •... 'f. !...-si -..`,. ::: _ _.....__.....--t ..-..-e ................-_-. :.• :- . _.w::.• e • . .- ',g; --1:-_-•-,...'11, ,:i.7.-.,-;.- • v:....,.....N...:7,7..r:s, •••-,Nrril., ) rip,_,- 77,./s,774-; '-, --------------------------------:^i Map Date: 10/3/2018 IRCGIS/CPL t 4,4 Path: U:\Prolects \Parks\2017_1120_SebHarborPreserye_Improvements\Fig2_SebHarborPreserye_BoarclwalkPlan_Aerial.mxd LI- 1 3/05/2019 12.C.1. Conservation Lands Program General Services Department Parks & Conservation Resources Beth Powell • bpowell@irceov.com Wendy Swindell • wswindell@irceov.com 772-589-9223 • www.ircgov.com Cf �4 'o << loo. t s. fR F �. �« Q t SEBASTIAN . h•.-�..i. _..<a<r. w-t� ^mw>,.n-..er.•r.,Nr.va, m.; i ' �rtFlgure 2: Wetland Boardwalk Plan=''„a.; .• Sebastian Harbor Preserve o ° �y£ - - - .. sxsxztsrau^a�e �[.� «,. jen;{ ,.. : C ,J . HARBOR• • , PRESERVE`' oTRO � awn^ t1.nm uM ... r3 3t6Rn At v P� CYii. R7'l'L. '� 'v: £•i"'L 2 ': �'.` ry' erj"n..'=� �'”' St{ .�•^r r1': s ,. w {" s) i �yi+ zg !- b • ' i t R •Rw }rJF S* Yaf3• pJ 39 lj b i^ ,+r. .. ,. p `y L 9' -sE r< 'mss' �� ..' ':!- t - V. �,t i' '3t'a F4� _.�' q .i k Y 3 ±"S. � t�q, ; F,v } roti y« xr �s r�r°• FJ 3t`C d�..,...k[.7. k'9 S1r �::` '+ f• s.l 4'!�` K•,` • AY.rmdm Clt..'+tffi Yawn• `�f�: ..• "vy s£'" 'xw'iF• b,t3 r�":;... itatod ., - - .,.y�`rr�*� $ i -a Rte....., .4 q 4e,.µ -.n-'«,�"i'r 3/05/2019 12.C.1. SEBASTIAN HARBOR PRESERVE Future Improvements SOUTH OSLO :RIVERFRONT CONSERVATION AREA ',Ats A 44 As. 14 4. tt t* f 44 t.# 4 .4, 4i4 44 4 4 4 44 ,444 44 453 - 2 3/05/2019 12.C.1. SOUTH OSLO RIVERFRONT CONSERVATION AREA 45- 3 3/05/2019 12.C.1. ANSI N .f5` i AnsltilfilverfrcnL fle I hncL , ``r" _._ xrfi fe RIVERFRONT ItonservoLlon i RAl -„i ' : i y y - ;: � A^,,.. l,,,,3 ...A......A...,417,40-PS f , `ff. CONSERVATION t�aU:"'r: ..:� wtw•.w s..sn. ., ii: sttt. 3.: b a w :° AREA ss {p'2= S'�y. pc f ti £5'�•&�-iY'•z%zja:AY'.;•�dc4jb 5c1��/ kit f 4 )4F1tq*.aS� f. I X kll' ��hh3's,q y h � •0) ' j''''' z it'.s t. f, SOUTH• 44y'`''�g,.•,§ai F a err s.�rr ��J C.? t `pj a , w kdC3' 'Si .)A.• #i+t� � y. �.,. f t ,w * lu*2401 OUliii- j� rot ft. 4t, ;� •. .ril t_LRas< !'!�'`.'��,'''•` _`r,+ 7 �t s 3AT`f ,a'r,r s v^_ ' fiTt rx' ,tax» r S p 6 4 F i4wimAro-Y�O.(Fz3 £� «y�"` `,e�`Rit, .+%- SdP i or Oatiw6 1 f sof ;*: r 4 :Vu«'.r: t .r-` .njts, , : !#i`7 b : k jai ''vw 3 h # .ngg Ri ;”} „Alt....... �.. iar� mit t., 1 ..s s .. 'wF ��,/` hl"j'F"f! k / a3 #j y %^ a. sr tf ti Ips til ♦4.. y k t Sp1 �Fx vt[^ '�3 \') 3 < i Yp 'M" ' 1 ,ywY�£✓'`i„ is y3 { 4/• •a: J '' .�.m.. �---` rim N .'W4—• 2 M rV ... �..i 'St#. + t1., tt Its w •Y{ (fr 0 iSr}/,K�f^5a.ri ... a,w ROUND ISLAND .k.4, Round Island South Conservation Area '>' Proposed Public Access Improvements „. j•;3� �, �„,�,��; xrfi SOUTH _Ys-:Y�n4q�. :• t2 Nff d':i'!' Y ?.' ,�..33 .q°�y�qb.lt� '°j}f$•p .i.Ftr§�e >r.Ya,"#` ;;; n 'r. CONSERVATION AREA ;: � A^,,.. l,,,,3 ...A......A...,417,40-PS ski w w I awwxa `rt .s !� $ •� � 4ik? nx "', ..:� wtw•.w s..sn. ., ii: sttt. 3.: b a w :° .;. tt. ,....,r�..l. �f,� F1 w:.. �� .k"e3�i' t T �h'fir#•; KiB .bjam'. tyli ss {p'2= S'�y. pc f ti £5'�•&�-iY'•z%zja:AY'.;•�dc4jb 5c1��/ kit tt. ft. I,. f 4 )4F1tq*.aS� f. I X kll' ��hh3's,q y h � •0) ' j''''' z it'.s t. f, SOUTH• 44y'`''�g,.•,§ai F a err s.�rr ��J C.? t `pj a , w kdC3' 'Si .)A.• #i+t� � y. �.,. f t ,w * lu*2401 OUliii- j� rot ft. 4t, ;� •. tF-` et'� �' fl�M i or Oatiw6 1 f sof • :Vu«'.r: ''• �T�S_.itiCT" + +4 ._ 3/05/2019 12.C.1. ARCHIE SMITH FISH HOUSE Information COntact: IndianRiver County General Services Dept. Piirks & Conservation Resources Division 77'2-589-9223 453 5 E1 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: February 27, 2019 SUBJECT: Deferred Capital/Maintenance FROM: Kristin Daniels Director, Management & Budget BACKGROUND During the Great Recession, Indian River County experienced a multitude of negative impacts. Ad Valorem revenues values fell approximately $34M or 32.8% in six years. Full-time positions under control of the Board of County Commissioners fell to 702 in Fiscal Year (FY) 2012/13 down from their height of 964 in FY 2006/07. Building Department revenues fell $3.1M or 66.0% over a five year period as new development slowed and building permits decreased greatly. Despite the downturn in revenue over this period, Indian River County experienced a 6.7% increase in population growth. One of the primary goals of the Board of County Commissioners at that time was to maintain pre -recession service levels for all residents while avoiding increases in ad valorem tax rates. This goal was largely accomplished by implementing more efficient operations, privatizing services, elimination of positions, hiring freezes, use of fund balance, and deferring non-critical capital and maintenance projects. Beginning in FY 2013/14, Indian River County has seen an increase in taxroll growth each fiscal year. During this time of growth, the County has eliminated the use of fund balance, expanded our workforce (still down 13.2% or 127 positions from the height in FY 2006/07), and added additional services such as Fire Stations, the iG Facility, and expanded the Shooting Range. Capital and maintenance items that were deferred during the downturn have also begun to be addressed. For instance, the Emergency Services District implemented a 5 -year rolling stock catch up plan beginning in FY 2013/14 for a cost of $5.9M. This catch up plan funded 12 replacement ambulances, 4 engines, 1 quint, and the refurbishment of the ladder truck. Air conditioner deferred capital and maintenance expenses have also been addressed. Between FY 2012/13 and 2017/18 the County spent $3.0M on air conditioner controls, units, and repairs, bringing our facilities up to date. Deferred road resurfacing and restriping has also begun to be address with expenses totaling $9.3M over the past six fiscal years. In total, the County has expended $46.4M over this time period on previously deferred capital and maintenance items. 454 Board of Commissioners Page 2 of 3 February 27, 2019 ANALYSIS Deferred Capital/Maintenance Department Completed Pubic Works Facilities Management Roadways Stormwater General Services Parks Shooting Range Recreation Conservation Lands Libraries Utilities Utilities SWDD $4,833,945 $12,555,130 $0 Total $17,389,075 $372,518 $0 $478,017 $24,975 $ 507,167 Total $1,382,677 $19,579,563 $368,353 Total $19,947,916 Emergency Services $7,638,658 Outstanding $6,205,000 $4,015,000 $281,800 $10,501,800 $1,890,700 $95,000 $389,500 $1,798,000 $0 $4,173,200 $24,220,000 $ 5,100,000 $29,320,000 $11,665 Grand Total $46,358,326 $44,006,665 Although the County has made a concerted effort to catch up on previously deferred items, there is still approximately $44M in outstanding deferred projects with $5.3M being included in the current budget or the County's five year Capital Improvements Element. Utilities deferred projects make up the majority of these items totaling $24.2M. As approved in the most recent Comprehensive Water, Wastewater and Reclaimed Water Rate Study, an increase in the Renewal & Replacement (R&R) budget will be implemented beginning in FY 2019/20. Utilities outstanding deferred maintenance projects total $4.5M. Staff anticipates, notwithstanding any significant economic downturn or unforeseen circumstance, these outstanding maintenance items will take approximately 3 years to fund given the increased R&R budget. Outstanding deferred capital items will need to be funded utilizing reserves and will take an estimated 5 years or more to complete. Conservation Lands has approximately $927,500 in deferred capital which includes fencing, boardwalks and docks. The deferred maintenance totaling $870,500 consists primarily of removal of exotics and revegetating with native plants which may be a grant requirement of monies the County has received. 455 Board of Commissioners Page 3 of 3 February 27, 2019 Although not included in the outstanding deferred capital list, many culverts throughout the County are in need of replacement. Public Works staff has proposed a plan to evaluate and map each culvert, therefore identifying which culverts are in need of replacement. It is estimated that approximately 38,500 linear feet of roadway are currently below the acceptable condition level at a cost of $1.6M. Additionally, approximately 16,500 linear feet of roadway are in need of full depth road reclamation and paving at an estimated cost of $1.7M. Deferred striping of .approximately 63,700 linear feet is also needed at a cost of $700k. Staff plans to address these outstanding items during the next annual update of the County's Capital Improvements Element. Beginning with the upcoming FY 2019/20 budget, it is staff's intent to include a portion of the deferred capital and maintenance items into the proposed funding. As mentioned above, many of these outstanding projects will take numerous years to fully implement, however these items will continue to be addressed going forward. ATTACHMENTS Outstanding Deferred Capital/Maintenance History of Deferred Capital/Maintenance Expenditures 456 Actual Deferred Capital/Maintenance History FY 2012/13 - 2017/18 Deferred Maintenance Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total Conservation Lands $0 $0 $0 $0 $8,800 $16,175 $24,975 ESD 0 0 183,609 0 13,345 0 196,954 SWDD 91,714 12,000 0 62,137 0 66,312 232,163 Recreation 25,286 69,211 99,836 89,569 0 59,069 342,971 Facilities 0 21,217 6,997 99,425 136,247 61,126 325,011 Parks 5,239 132,965 12,110 19,352 67,259 45,358 282,283 Libraries 0 0 0 0 287,163 131,004 418,167 Roadways 1,375,840 1,588,360 960,103 1,507,183 1,695,393 2,165,774 9,292,653 Utilities 1,214,177 2,412,421 1,213,769 1,252,240 2,370,772 2,451,315 10,914,692 Total $2,712,256 $4,236,173 $2,476,424 $3,029,906 $4,578,979 $4,996,132 $22,029,869 Deferred Capital Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Total ESD $19,440 $1,409,440 $1,090,295 $2,327,531 $1,309,998 $1,285,000 $7,441,704 SWDD 0 0 56,190 0 0 80,000 136,190 Road & Bridge 411,859 49,820 853,699 241,699 252,826 699,292 2,509,195 Recreation 0 0 11,018 9,669 23,114 91,245 135,046 Facilities 2,703,276 803,340 488,479 430,137 83,702 0 4,508,934 Parks 0 0 0 69,192 0 21,043 90,235 Libraries 0 0 89,000 0 0 0 89,000 Roadways 0 0 0 236,234 248,750 268,298 753,282 Utilities 1,313,673 3,096,231 307,101 500,483 1,182,970 2,264,413 8,664,871 Total $4,448,248 $5,358,831 $2,895,782 $3,814,945 $3,101,360 $4,709,291 $24,328,457 Grand Total Deferrec $7,160,504 $9,595,004 $5,372,206 $6,844,851 $7,680,339 $9,705,423 $46,358,326 457 Conservation Lands- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Habitat Mowing $4,800 Exotics Removal 4,000 Mowing of Conservation Areas 16,175 Total $0 $0 $0 $0 $8,800 $16,175 458 Emergency Services District- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Repairs to Stations 6,10,11 $112,648 station 10 & 11 Roof 70,961 Station 8 Tile 13,345 Capital Thermal Imagers - 5 year replacement plan 19,440 19,440 19,998 19,998 19,998 Fire Station #1 Rennovations 110,297 1,322,533 Replace Ambulances 5 year catch up 925,000 470,000 480,000 490,000 500,000 Replace Fire Engines -5 year catch up 465,000 490,000 505,000 800,000 785,000 Total $19,440 $1,409,440 $1,273,904 $2,327,531 $1,323,343 $1,285,000 459 SWDD- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Pressure clean building/signs/scale house $10,637 Concrete reinforcement for panel push wall 22,312 Road Repair 14,000 Convenience Center Repaving 76,714 F11 -1W Cleaning at Oslo CCC 6,500 Camera Maintenance at CCC's 4,000 Cabinets/Counter Top Replacement at Scalehouse and Landfill Breakroom 19,500 Repair/Refurbish Landfill Building & Entrance Sign 50,000 Fuel Tank Maintenance 1,500 Repair Ceiling and Repaint Exterior of Landfill Office 12,000 Landscaping Improvements at Fellsmere CCC 15,000 Capital Inbound Scale & Scalehouse Video Equipment 56,190 Cameras/Fiber at Fellsmere and Oslo CCC 55,000 New Air Condition for Landfill Office and Scalehouse 25,000 Total $91,714 $12,000 $56,190 $62,137 $0 $146,312 460 Roadways- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Road Resurfacing $1,375,840 $1,588,360 $960,103 $1,507,183 $1,608,115 $1,948,242 Restriping 0 0 0 0 87,278 217,532 Capital 134th Court & 103rd St Culvert 48,380 74th Ave & 1st St SW Culvert 171,528 33rd Ave & 49th St Culvert 108,485 40th Ave & 49th St Culvert 79,369 35th Ave & 49th St Culvert 155,315 10th Ct & 4th St Culvert 93,435 Blue Cypress Culvert 96,770 Total $1,375,840 $1,588,360 $960,103 $1,743,417 $1,944,143 $2,434,072 461 Road & Bridge- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 1 FY 16/17 FY 17/18 Capital Heavy Equipment 411,859 49,820 853,699 241,699 252,826 699,292 Total $411,859 $49,820 $853,699 $241,699 $252,826 $699,292 462 Recreation- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance NCAC-A/C Unit Repair $8,365 NCAC-De-water & Liner Repair 95,436 NCAC-Pump Impeller 6,839 NCAC-Diving Boards 15,000 NCAC-Repair Competition pool heater 14,830 NCAC-New Pump Impeller 4,400 NCAC-New Pool Heating & Cooling Systems 74,886 NCAC-Water Slide Step Repair 52,230 NCAC-Chemical Controller 10,286 GAC -Sand Pool Filters 46,016 GAC -7.5 ton A/C 14,683 Capital NCAC-Blimp Screen 9,669 NCAC-Pool Vacuum 11,664 NCAC-Replace Geo Thermal Heating System 38,480 GAC -Turbo Vacuum 11,018 GAC -Pool Covers 11,450 GAC -Geothermal Pool Heaters 52,765 Total $25,286 $69,211 $110,854 $99,238 $23,114 $150,314 463 Facilities Management- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Roseland Community Center: Raise the foundation at Eastern Wall $28,000 Irrigation system for County Admin buildings 16,593 Repair columns and beam at N.C. Library 4,992 Courthouse: Replacement of VFD 6,250 LED bulbs 9,600 Dasie Hope Center: Repairs to power pole and eletrical service 9,500 Courthouse: Chillier repair 8,992 Rebuild NAE for Sheriff's Department 7,009 Repair leak on chiller 5,216 A/C for 911 center 6,997 Replacing condensing unit 32,483 Road & Bridge: replacement of condensing unit 18,757 labor and materials to repair condensing unit at EOC 16,500 Condensing unit for NCCL 15,930 Courthouse: replace and install of failed valves 9,700 12.5 ton condensing unit 6,055 Furnish and replace failed controller items 49,425 Failed controls 19,560 Airhandlers for clerks offices 6,819 VAV boxe replacements 10,716 Install 5 heat pump condensing units 5,775 Tracer 5,545 A/C unit 5,500 Sheriff compressor 4,780 A/C unit for Tax collector 4,364 NAS Server backup of CCTV 9,954 Capital Admin Bldg DVR Recorder 13,852 Health Dept Replace A/C 101,536 NC Library Replace A/C 109,424 Elections Replace A/C 89,612 Trailer Mounted Generator 69,850 Capital -Optional Sales Tax Jail -Boiler Replacement 66,197 Jail/Fire Alarm System 279,425 429 Jail -Controls Replacement 65,910 Main Library -A/C 5,578 222,479 Court House A/C 166,724 490,332 151,906 52,136 Sheriff -A/C 64,819 Road & Bridge Complex A/C 55,216 Admin Bldg A/C 262,859 Health Dept Roof 518,967 15,525 Admin Bldgs Lighting Improvements 11,187 15,325 Jail Roof 650,032 18,870 Trane Tracer Controls 339,861 Admin Bldg Chillers 670,883 Total $2,703,276 $824,557 $495,476 $529,562 $219,949 $61,126 464 Parks- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Remodel restroom at Treasure Shores $14,035 Lighting repairs 5,239 9,716 5,352 Resurface basketball court 4,285 Resurface tennis & basketball courts 13,900 Resurface courts at Gifford Park 16,203 Grills 4,632 Fence caps 7,478 Fairgrounds -Ag Pavillion-replace roof 88,861 Fairgrounds- install poles & LED fixtures 14,000 Fairgrounds -Expo Bldg roof coating 67,259 18,453 Fairgrounds -Expo Bldg painting 12,870 Capital Fairgrounds-Lighting/Electrical Upgrdes 21,043 Shade cloths installed -Hobart Park/Riverside Park 15,417 MLK park -Install playground equipment 53,775 Total $5,239 $132,965 $12,110 $88,544 $67,259 $66,401 465 Libraries- Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Main Library- new carpet/flooring $287,163 NC Library- new carpet/flooring 131,004 Captial NC Library- Roof Replacement 89,000 Total $0 $0 $89,000 $0 $287,163 $131,004 466 Utilities - Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 Maintenance Utility renewal & replacement $14,540 $16,479 $45,554 $18,656 $23,530 Misc water R&R 6,486 10,248 78,206 9,572 105,590 5,200 Misc sewer R&R 79,819 109,549 25,519 18,657 59,049 62,916 Vero Shores PS#143 187,712 Well maintenance program 32,227 18,362 9,340 Oslo Rd impry-27th to 43rd Ave 20,192 66 Av wtr mn conflict/4th-12th 267,889 199,374 West Reg WWTF odor imprvment 123,867 SC WWTP head works repairs 76,766 R&R -R/O plants lime slurry 94,906 S us1-cty In/conflict resolutn 52,905 608,129 344,029 31,163 SCRO piping/storage tank modif 16,439 23,412 119,204 NCRO/SCRO roof replacements 203,341 58,619 SC WWTF roof replacement 24,861 6,521 Sludge centrate tank dome rpr 18,200 WWTF culvert replacement 24,999 Ut dept entry retrofit 2,450 9,793 R&R sludge holding system 46,830 505,781 160,365 Biosolids blower replacement 22,836 North R/O rebuild vfd 119 55,000 Van Antwerp well rehab 6,131 12th st reloc-betwn 25 and 31 33 14,100 Data flow system upgrades 58,727 242,545 NCRO pump/eqmt repairs 22,468 SCRO process room restoratn 117,661 Spoonbill Marsh pump replcmnt 66 23,567 102 49,500 WM reloc 1619 us hwyl sebastn 8,850 SO R/O fence replacement 11,342 Bio plant hiding tank cleaning 22,489 8,816 Oslo relocations -west of 43rd 102,043 Lowes parking lot-wm repair 65,590 SWWTF intl recycl pump replc 48,938 Retrofit fiber-WWTF SCADA 9,071 Central WWTP headwork rehab 8,211 3,526 326,498 W WWTF bar screen replcmnt 49,358 Sunrise dr sw wm replcmnt 13,651 42,417 Refurb S WWTF effluent pump 10,900 Refurb W WWTF effluent pump 11,500 Vista royale wtr svc replmnt 82,175 50,915 Repl wtr mn- 44,45,46 aves 24,009 Replace wtr mn - 13th st 30,508 Vle 12" wm conflict 2,550 SC R/O rehab wells 2,3,5,6,7 22,030 22,242 295,872 301,719 Old Dixie reloc-71st to cr510 81,420 84,065 Reloc-Old Dixie south of 71st 26,025 Emerg elec repairs-WWTF 20,846 Ls 200 emergency repair 14,250 467 Utilities - Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 SWWTF exterior painting 93 41,750 South WWTF gearbox replacemnt 43,679 5,496 Wtr mn replmnt 37th pl 30,656 Renewal & replacement 1,173 Roseland rd Is#1167 pump 19,688 North r/o water line repair 12,064 12th st water main repair 8,279 17,667 5th st sw water mn repair 15,209 Bottleneck @ north WWTF 309 9,955 1st st sw/43rd ave intersectio 5,952 7,007 SCRO feed water line replace 56,252 North R/O membrane replacement 493,323 668,571 South county R/O rehab 20,387 Spoonbill Marsh rehab 78,823 41st & us1 water main conflict 8,445 1,126 Central WWTF mixer 14,540 Cust sery drive thru rebuild 18,987 Central WWTF gearbox 32,417 56,981 South R/O chem contain area 81,431 49th st water main replacement 23,601 Hobart generator repair 22,125 Ixora park manhold liners 3,125 44,075 R&r-WWTF-barscreen & headworks 32 274,295 SWWTF culvert replacement 9,864 17th st util relocations 76,382 33,041 Spoonbill screen repairs 28,983 21st pl sw gravity sewer repr 35,299 Biosolids tank cleaning 20,800 WRWWTF wetlands cattail remvl 73,700 SCWWTF grit removal system 86,924 roseland tank retro pump statn WRWWTF lift station repairs 54,767 Hobart water plant painting 7,011 17,048 WRWWTF filter replacement 163,570 Central WWTF mixer replacemnt 46,506 Oaks of vero wtr In replcmt 19,694 R&r-Van Antwerp mitigation 114,216 S R/O chemical load road repai 42,148 North beach water tank rehab 6,200 Central WWTF I/s pump repair 9,635 Central WWTF generator repair 32,434 Biosolids holding tank rehab 262,400 Spoonbill Marsh boardwalk 118,749 Sebastian corners I/s repair 27,506 Hobart WTP roof replacement 7,850 41st st & IR Blvd wm repair 16,600 Lateral g repair 17,844 Central WWTF rotor repair 27,729 468 Utilities - Actual Deferred Expenses Description FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 1st st sw & 27th ave util conf 13,264 22nd st se sewer lat replacemt 8,191 Us 1 ary & 24" fm replacement 253,410 WRWWTF roof replacement 5,599 Old dixie & highland drwm ,13,440 north wwtf fence replacement 0 61st drive water main repair 28,205 WRWWTF ras pump & motor repair 13,425 WRWWTF rotating assbly replmnt 36,308 Renewal & replacement 84,609 Renewal & replacement 532,074 Gravity swr mn repl - Is 164 41,196 Utility conflict -e giff drain 18,635 Capital Miscellanous Sewer Improvements 37,328 Utility Advanced Software 98,450 57,750 Reuse Distribution Automation 127,207 West Regional WWTF Odor Imprvmnts 540,380 RIO Plant Lime Slurry Injection 391,706 2,729,391 Wonderware Software 126,832 Count County R/O Acid Tank Replacement 22,277 235,166 Oslo W/M Loop 6,821 Blue Cypress Plant Replacemnt 8,659 51,329 South Cty R/O Wells 4 & 7 27,937 56,736 70,760 906,186 1,931,972 SCADA Network Upgrade 96,249 Falcon Trace Phase 2 Water Main Tie In 10,498 19th st sw & 20th av sw Tie In 8,915 Cyber Security Network 83,374 12th st Water Main/Old Dixie -20th 81,115 103,450 111,060 45th st Water Main/24th-43rd ave 314,508 17,380 Countywide Meter Replacement 59,174 61,205 Ixora Park Water Lines 34,100 34,100 34,100 Forest Park Water Main Loop 9,160 Roseland Tank Retro to Pump 25,022 85,726 Heron Cay Water Line Replacement 4,583 Pelican Point Water Line Replacement 24,514 17th st Water Main Extension 16,119 16,119 Forest Park 6" Water Main Extension 662 WRWWTF Blower Building 6,851 Total $2,527,850 $5,508,652 $1,520,870 $1,752,723 $3,553,742 $4,715,728 469 Deferred Capital/Maintenance FY 2018/19 Pubic Works Facilities Management Roadways Stormwater Total General Services Parks Shooting Range Recreation Conservation Lands Total Utilities Utilities SWDD Total Emergency Services Grand Total Not Budgeted Included in Budget/CIE Total Maintenance Capital Maintenance Capital Maint./Capital $1,615,000 $2,740,000 $0 $1,850,000 $6,205,000 $1,943,000 $1,672,000 $400,000 $0 $4,015,000 $118,000 $163,800 $0 $0 $281,800 $3,676,000 $4,575,800 $400,000 $1,850,000 $10,501,800 $296,050 $804,550 $74,400 $715,700 $1,890,700 $78,000 $17,000 $0 $0 $95,000 $74,500 $315,000 $0 $0 $389,500 $870,500 $442,500 $0 $485,000 $1,798,000 $1,319,050 $1,579,050 $74,400 $1,200,700 $4,173,200 $4,480,000 $19,740,000 $0 $0 $24,220,000 $250,000 $3,050,000 $100,000 $1,700,000 $5,100,000 $4,730,000 $22,790,000 $100,000 $1,700,000 $29,320,000 $0 $11,665 $0 $0 $11,665 $9,725,050 $28,956,515 $574,400 $4,750,700 $44,006,665 470 Deferred Captial/Maintenance - Facilities Location Description Estimated Cost Courthouse Roof Replacement Roof replacement, curb replacement $750,000.00 IRC Courthouse Parking Garage Repair Roof replacement, elevator shaft drywall repair, clean and paint building, concrete repair, drainage system replacement, LED lighting conversion, stairwell and door repair $450,000.00 IRC North RO Plant Roof Replacement Roof replacement $0.00 IRC North County Aquatic Center Roof Roof replacement, water damage remediation, gutter replacement $0.00 IRC Central WWTP Roof Replacement Roof replacement $0.00 IRC North WWTP Roof Replacement Roof replacement, water damage repair $0.00 IRC Main Library Roof Replacement Roof replacement, roof ventilation $650,000.00 IRC Courthouse Seal and Wall Repair Cleaning and painting building, restoration of exterior wall assemblies including windows, doors, vents, exterior ceilings, soffit, louvers, wall mounted lighting, $500,000.00 Roseland Community Center Repair Building repair, drainage and parking improvements $150,000.00 Health Department Change out old vav's and coils to correct air conditioning problems $325,000.00 Admin Bldgs. A and B Replace broken and damaged concrete around entrances. $45,000.00 IRC Courthouse Refinish benches and replace carpet in the courtrooms. $150,000.00 North County Library Repair stucco damage on the gables on the roof and seal and repaint. $25,000.00 North County Library Parking lot resurfacing and restriping $150,000.00 North County Library Ceiling tiles need to be replaced. (old and falling out of the ceiling) $65,000.00 IRC Courthouse Make cosmetic repairs and replace stained panel in Judges elevator. $20,000.00 Traffic Operations & Road and Bridge Pole Barn Replacement of all Header's for Roof $85,000.00 Traffic Operations Building Building Replacement for Traffic Operations and Sign Shop $1,000,000.00 IRC Courthouse Painting and wall repair work throughout the building. $100,000.00 Road and Bridge Replace broken gate openers. (2) $40,000.00 Fleet Maint. Replace broken gate openers (4) $50,000.00 Fleet Maint. Fuel Island Canopy $1,000,000.00 Fleet Maint. Fuel Island $600,000.00 Emergency Management Replace broken gate openers. (4) $50,000.00 Total $6,205,000.00 471 Deferred Capital/Maintenance - Roadways Location Description Estimated Cost Road Resurfacing Road Resurfacing - 38,500 linear feet of roadway below the acceptable condition level $1,643,000.00 Road Reclamation and Paving Full depth reclamation and paving -16,500 linear feet of roadway below the acceptable condition level $1,672,000.00 Striping 63,700 linear feet of striping currently backlogged ($300,000) $700,000.00 Total $4,015,000.00 472 Deferred Captial/Maintenance - Stormwater Location Description Estimated Cost Egret Marsh Stormwater Park Pressure clean and paint aboveground bypass valves and valve stands $1,100.00 Egret Marsh Stormwater Park Sandblast clean and paint belowground pump valves and piping (4 vaults) $12,000.00 Egret Marsh Stormwater Park Pressure wash and paint Northern Storage Building (including roof) $2,000.00 Egret Marsh Stormwater Park Pressure wash and paint Southern Control Building (including roof) $2,000.00 Egret Marsh Stormwater Park Pressure wash and paint Bathroom Building (including roof) $2,000.00 Egret Marsh Stormwater Park Miscellaneous new signage $2,000.00 Egret Marsh Stormwater Park Repair and reinforce face of harvest rake wall below harvest rake $3,300.00 Egret Marsh Stormwater Park Epoxy injection(s) to stop leak(s) at Egret Marsh headworks structure $4,000.00 Egret Marsh Stormwater Park Repair/replace Egret Marsh headworks piping (underground leaks) $60,000.00 Egret Marsh Stormwater Park Construct sunshade over lake pump control panels $1,900.00 Egret Marsh Stormwater Park Vacuum silt from headworks and effluent structures $3,500.00 Egret Marsh Stormwater Park Vacuum silt from lake pump wet well $5,000.00 Egret Marsh Stormwater Park Rehabilitate solids holding pond to concrete bottom with curb $150,000.00 Egret Marsh Stormwater Park Install sump pumps in four valve vaults $3,600.00 Egret Marsh Stormwater Park Remove existing lake pump inlet structure and install chain link fencing in its place $10,000.00 PC Main Screening System Construct sunshades over control panels $1,900.00 PC Main Screening System Pressure clean and paint Control Building (including roof) $2,000.00 PC Main Screening System Remove dead and dying landscaping $4,000.00 PC Main Screening System Clean and vacuum parking lot drainage structures and repair discharge pipe $1,500.00 PC Main Screening System Install new seals on control panel doors, repair/replace closure hardware $2,500.00 PC Main Screening System Repair and reinforce face of concrete wall below conveyor discharges $6,600.00 PC Main Screening System Replace life saver rings and safety lines $900.00 Total $281,800.00 summary total $281,800.00 check $0.00 473 Deferred Capital/Maintenance - Parks Location Description Estimated Cost 45th Street Dock Dock Replacement $28,750 Wabasso Beach Park Replace roof on the restroom $8,000 Wabasso Beach Park Replace roofs on 9 pavilions $17,500 Wabasso Beach Park Need to address shoreline erosion problem $26,000 Wabasso Beach Park Replace park signs at all four entrances $1,500 Wabasso Beach Park Upgrade/Repair parking lot surface $55,000 All Parks Replace all park entry signs, update all "rules" signs $18,000 Ambersands Beach Access Replace boardwalk decking with composite decking $22,400 Dale Winbrow Park Replace playground $70,000 Dale Winbrow Park Replace the siding on the restrooms $2,000 Dale Winbrow Park Resurface and stripe the parking area $5,500 Donald MacDonald Park Replace A/C unit(s) $2,200 Donald MacDonald Park Office roof replacement $4,500 Fairgrounds Pavilion "B" rust removal and painting $17,000 Fairgrounds Pavilion "B" replace downspouts $4,500 Fairgrounds AG pavilion gutters and downspouts replacement $4,500 Fairgrounds Repair existing roads (millings) $7,500 Fairgrounds Repair/replace the insulation in Building "A" $4,500 Fairgrounds Update and repair the BBQ Building - replace screen, fix slider windows, metal work/roof repairs $2,250 Fairgrounds Connect the BBQ Building to Sanitary Sewer/Grease Trai $18,000 Fairgrounds Connect entertainment building to sewer $9,000 Fairgrounds Repair roof on campground restrooms $2,500 Fran B. Adams Park Replace roofs on 8 dugouts with metal $6,000 Fran B. Adams Park Replace damaged fencing on ballfields $6,000 Golden Sands Replace boardwalk decking with composite decking $18,500 Golden Sands Replace boardwalk top railing with composite $3,000 Golden Sands Replace playground equipment $155,000 Hosie Schumann Park Replace BBQ grills $800 Kiwanis Hobart Park Replace roofs on 4 pavilions $30,000 Kiwanis Hobart Park Replace playground equipment $155,000 Kiwanis Hobart Park Connect new restroom to sewer $300,000 Kiwanis Hobart Park Update, repair or rebuild pavilion BBQ pits $34,000 Kiwanis Hobart Park Replace electrical service panel for pavilion #1 $1,600 Kiwanis Hobart Park Replace fence between the park and golf course $1,400 Kiwanis Hobart Park Replace bridge or culvert pipe for canal crossing $12,000 North County Pool Separate the parking areas with spilt rail fencing $8,500 Parks Complex Demo old office & shop $12,000 Round Island Oceanside Resurface and stripe the parking area $33,000 Round Island Oceanside Replace roofs on 5 pavilions $20,000 Round Island Oceanside Boardwalk repair and extension $45,000 Round Island Oceanside Replace 10 concrete picnic tables $15,000 Round Island Oceanside Repair concrete stanchions/pillars on pavilions $7,500 474 Deferred Capital/Maintenance - Parks Location Description Estimated Cost Round Island Riverside Update Observation Tower/Repairs - improve safety $14,500 South County Park Replace the siding on the ballfield restrooms $2,500 South County Park Remove old septic at deputy's trailer site $8,600 South County Park Update the basketball court backboards & rims $15,000 Tracking Station Park Resurface and stripe parking area $33,000 Tracking Station Park Replace fence between park and FIT property $7,600 Tracking Station Park Replace roofing on restroom $4,000 Tracking Station Park Replace decking on three boardwalks w/ composite $32,000 Tracking Station Park Replace railing on all three boardwalks with composite $5,000 Treasure Shores Park Replace restroom roof $5,500 Treasure Shores Park Update/replace playground equipment $125,000 Treasure Shores Park Replace fence around playground $7,500 Victor Hart Park Replace guardrails with split rail fencing $4,500 Victor Hart Park Replace playground equipment $225,000 Victor Hart Park Update the basketball court surface, backboards & rims $5,000 Victor Hart Park Resurface and stripe the parking area $8,600 Wabasso Beach Park Replace roof on restroom $37,000 Wabasso Beach Park Replace roofs on 4 pavilions $22,100 Wabasso Beach Park Replace 10 restroom sinks and faucets $7,500 Wabasso Beach Park Parking lot lights need to be upgraded or removed $18,000 Wabasso Beach Park Replace 8 picnic tables under the pavilions $8,000 Wabasso Beach Park Replace the boardwalk railing with composite $3,000 West Wabasso Park Remove/demolish old restroom $6,500 West Wabasso Park Replace roofs on two dugouts $2,000 West Wabasso Park Replace Drinking Fountain $1,100 West Wabasso Park Replace the basketball courts $45,000 West Wabasso Park Replace grills $2,000 West Wabasso Park Replace gate $2,600 West Wabasso Park Add material to walking trail $4,500 West Wabasso Park Replace telephone pole barriers with split rail fencing $3,500 Several Parks Repair Athletic Field and Court Lights $25,000 Several Parks Safety Tree Removal $4,200 Total $1,890,700 475 Deferred Capital/Maintenance - Shooting Range Location Description Estimated Cost IRC Shooting Range Repair of wood baffles on rifle and pistol ranges $ 70,000 IRC Shooting Range Replace floor in office and restrooms/interior paint $ 8,000 IRC Shooting Range Roof replacement - leaks and missing shingles $ 17,000 Total $ 95,000 476 Deferred Capital/Maintenance - Recreation Location Description Estimated Cost North County Aquatic Center Replace deck lighting $110,000 North County Aquatic Center Roof Replacement $120,000 Gifford Aquatic Center Replace deck lighting $75,000 North County Aquatic Center Repaint Facility $15,000 Gifford Aquatic Center Repaint Facility $8,000 North County Aquatic Center Replace and Re -stripe Facility Parking Lot $20,000 North County Aquatic Center Replace and upgrade Timing System $10,000 Dick Bird Park Replace and add material to batters boxes 4 fields $3,500 North County Aquatic Center Update Chemical Feeders $14,000 Gifford Aquatic Center Update Chemical Feeders $14,000 Totals $389,500 477 Deferred Capital/Maintenance - Conservation Lands Location Description Estimated Cost All Con Lands Replace FCT Acknowledgement Signs/Entry Signs $ 5,000 Ansin Tract CA Exotics treatment & revegetation on perimeter $ 10,000 Ansin Tract CA Fencing perimeter $ 40,000 Archie Smith Fish House Repair/stabilize house & icehouse $ 50,000 Captain Forster Hammock Preserve Replace parking lot rock material $ 15,000 Captain Forster Hammock Preserve Repair/stabilize cottage $ 85,000 Captain Forster Hammock Preserve Restore front wetland $ 100,000 Captain Forster Hammock Preserve Construct boardwalks and outdoor classroom area $ 150,000 Hallstrom Farmstead CA Repair fencing sections $ 25,000 Hallstrom Farmstead CA Secure & repair roofs on barns (until they can be renovated) $ 7,500 Hallstrom Farmstead CA Exotics treatment $ 75,000 Hallstrom Farmstead CA Revegetate native plant communities $ 75,000 Harmony Oaks CA Exotics treatment $ 30,000 Kroegel Homested CA Repair/stabilize barns/inventory contents $ 150,000 Lost Tree Islands CA Exotics treatment/Revegetate with natives $ 500,000 North Sebastian CA Repair equestrian parking entrance $ 5,000 North Sebastian CA Repair fencing sections $ 7,500 Oslo Riverfront CA Replace educational signage $ 3,000 Oslo Riverfront CA Estuarine wetland crossings $ 100,000 Pelican Island NWR Replenish parking lot rock material $ 25,000 Prange Island CA Repair dock, improve campsite, construct trails $ 100,000 Prange Island CA Exotics treatment $ 50,000 Round Island South CA Exotics treatment & revegetation $ 20,000 Sebastian Harbor Preserve Install Fencing/clearfenceline $ 60,000 Sebastian Harbor Preserve Exotics treatment $ 20,000 Sebastian Scrub CA Exotics treatment, mowing, prescribed fire $ 10,000 South Oslo Riverfront CA Exotics treatment $ 20,000 Wabasso Scrub CA Repair fencing sections $ 60,000 Totals $ 1,798,000 478 Deferred Capital/Maintenance - Utilities Location Item Description Estimated Cost Central WWTF Retrofit 2 PLCs located in the main MCC from PLC5 to Control Logix or Compact Logix Legacy Com uter parts needed to run theplants $250,000 Central WWTF WAS/RAS Pumping System Asset Management Plan gap analysis of plant components that need to be replaced $300,000 Central WWTF RDT 150 Drum Thickener Replace RDT 150. Beyond its 10 -yr. useful life (2001) Asset # 200200 $275,000 Central WWTF Filters #1 and #2 Rehab #1 and #2 filters in 2019 #1 and #2 were built in 1998. $360,000 Central WWTF Reject tank Structural repairs to reject tank $50,000 Central WWTF Road Resurface portion of perimeter road at Central. Subsurface degradation $25,000 Central WWTF Roofs Replace roofs @ 2 buildings at Central $175,000 Central WWTF BNR Mixer Wiring Reroute wiring from control room to tanks to remove tank penetrations $40,000 Central WWTF Headworks and Anaerobic Odor Control Contractor to remove and replace the odor control media in the Headworks and Anaerobic zone odor control units $75,000 S WWTF RAS/WAS pumping system Asset Management Plan gap analysis of plant components that need to be replaced $600,000 S WWTF Reuse Pump System and Control Panels Out dated design does not allow for current operational efficiencies leading to higher O&M costs $120,000 5 WWTF Headworks anaerobic Tank Cleaning Routine Maintenance past due $50,000 S WWTF RDT 150 Drum Thickener Replace RDT 150 due to age unit is beyond its 10 -yr. useful life (1996) $275,000 S WWTF W-2 System Rehab Hydro Tank air compressor (1988) beyond its 10 -yr useful life $50,000 S WWTF Digester and Diffusers Routine Maintenance 5 -years past due $50,000 S WWTF Anaerobic Odor Control Remove and replace media in odor control unit $60,000 S WWTF Sludge Load Out Pumps Routine deferred Maintenance delayed for budget constraints $40,000 5 WWTF Retrofit 2 PLCs from PLC5 to Control Logix or Compact Logix Legacyparts needed to run the Computer plants $350,000 W WWTF Old RAS & WAS Replace RAS / WAS pumping system (1996) $300,000 W WWTF Manhole Rehab Rehab main L/S manhole $10,000 W WWTF Tank Cleaning Routine Maintenance past due $150,000 W WWTF Clarifier #1 Contractor to set weir elevation and rehab clarifier internals $75,000 W WWTF Digester and Diffusers Routine Maintenance past due $50,000 W WWTF Headworks Structure Repair and coat (Spectra Shield) concrete due to harsh environment $150,000 W WWTF Bardenpho System stop logs Many of these stop logs are no longer in usable condition $15,000 W WWTF North MBS compactor This unit needs to be replaced as it is beyond its expected service life. $10,000 W WWTF Wetlands Boardwalk Unsafe structure does not meet code. Not operational necessity $200,000 North WWTF Generator Replace generator and switch gear with proper KW to operate the repump station pumps $50,000 W WWTF Retrofit the PLC located in the main MCC from PLC5 to Control Logix or Compact Logix LegacyComputerparts needed to run theplants p $150,000 N WTP (Hobart) SCADA system improvements -complete phases 4-10 Legacy Comuter parts needed to run the plants $550,000 N WTP Hobart ( ) Change rotork valves -change from Pakscan controlled to 4-20mA controlled Software control of valves needed to provide reliable and consistent operation of the remote repump site $350,000 N WTP (Hobart) Acid tank Replace existing tank due to age and corrosively of liquid storage $100,000 N WTP (Hobart) Resurface the acid containment area Acid leak caused coating to peal $125,000 N WTP (Hobart) Paint odor towers Tanks in need of painting to avoid algae. Oxidation and UV breaking down coatings $80,000 N WTP (Hobart) Replace 4" force main Plugged lines causing operational problems. Asset Management Plan gap analysis identifies this line to be replaced $75,000 N WTP (Hobart)Retrofit on-site lift station to handle additional flow Pumps unable to keepupwith more than 6 skids p $100,000 N WTP (Hobart) 6 draw down transducers for wells Existing sensors inoperable and unreliable. Delayed replacement due to costs constraints. $150,000 N WTP (Hobart) Rehab wells Rehab 9 wells in a phased approach to keep plant running. 5 years past due for normal routine maintenance $810,000 S WTP SCADA System Improvements Complete phases Legacy Computer parts needed to run the plants $805,000 S WTP Degasifier blower change Includes engineering, equipment and installation. Deferred Maintenance of necessary plant components needed for FDEP Permit compliance $125,000 S WTP Paint odor towers Tanks in need of painting to avoid algae $90,000 479 Deferred Capital/Maintenance - Utilities Location Item Description Estimated Cost S WTP Electrical switchgear 27 year old analog is in need of replacement $125,000 S WTP Main MCC breakers Legacy electrical parts no longer manufactured $50,000 S WTP Well panels (5) VFD 30+ yr old technology to be replaced for more efficient operation/ operational flexibility $180,000 5 WTP Fiber optic control for (5) wells Control and data operations $50,000 S WTP Replace 4" force main Plugged lines causing operational problems. Asset Management Plan gap analysis identifies this line to be replaced $75,000 5 WTP Update lab replace 1983 cabinets and counter tops $75,000 5 WTP Upgrade plant drain lift station Existing L5 has single 1983 pump, need new well, 2 pumps and control panel $110,000 Residual Dewatering Facility Main lift station line repair Line from the main lift station to the holding tanks has a temporary repair but needs to be replaced. 8 -inch DI Pipe under concrete and driveway $150,000 Customer Service (admin center) resurface asphalt for drive thru lanes Asphalt compromised at Admin $25,000 LS #10 LS #10 Replace top cap and hatch with safety grate, control panel and meter can $75,000 LS #2 LS #2 Recoat concrete, new disconnect, piping and valves $75,000 LS #5 LS #5 Recoat concrete, new disconnect, piping and valves $75,000 LS #7 LS #7 Recoat concrete, new disconnect, piping and valves $75,000 LS #8 LS #8 Generator, housekeeping pad around LS, new pipe and valves $125,000 N County North County Polling Loop, 40 total Needs to be updated to be compatible with new equipment $300,000 see item In-line booster station on CR 510 construction Redistribute existing flows in the system to alleviate high head pressures $800,000 see item West Plant Data Flow antenna replacement Current antenna is highly corroded and in need of replacement $60,000 see item Ixora Park Slip line clay pipe and coat manholes, stop 1 & I $750,000 see item Whispering Palm Subdivision Slip line clay pipe and coat manholes, stop 1 & 1 $750,000 see item Vista Royale Slip line clay pipe and coat manholes, stop! & 1 $750,000 see item Vero Shores Subdivision Slip line clay pipe and coat manholes, stop 1 & 1 $750,000 see item Vero Highlands Slip line clay pipe and coat manholes, stop 1 & 1 $750,000 see item Sebastian Highlands Slip line clay pipe and coat manholes, stop! & 1 $750,000 see item ARV project on 8th Street ARVs not venting properly causing pumping issues $200,000 Coun wide Asbestos Cement i e removal p p multi-year phasing to Eliminate Asbestos Cement pipe from distribution system, difficult to repair and safety concern $1,500,000 OPS Unidirectional Flushing program for County Non existent tpogram has not been put in place and is needed To maintain proper flushing/Water Quality for the water distribution system 5300,000 see item Oslo Road area Valve replacement in the area $40,000 see item Whispering Palm Subdivision Valve replacement in the area 540,000 see item Heron Cay Subdivision Valve replacement in the area 540,000 see item Gifford area Valve replacement in the area $40,000 see item Roseland/Publix Service line replacement, multiple breaks $90,000 see item Grand Harbor replacement of 12" line Multiple breaks, slip line or pipe burst new water main 51,000,000 see item River wind Subdivision Replace 18 service lines that have incurred multiple breaks $300,000 see item Sebastian Highlands behind Schumann Park Replace 23 service lines that have incurred multiple breaks $400,000 see item Break Water Subdivision Replace 27 service lines that have incurred multiple breaks $450,000 see item Harmony Circle 94 leaks since 2011 $1,250,000 see item Park Place Subdivision 213 leaks since 2011 $1,750,000 see item Ixora Park water service replacement Replace service lines $750,000 see item Sea Oaks riverside service replacement Replace service lines $100,000 see item Oak Ridge service line replacement Replace service lines $100,000 see item Regency Park service line replacement Replace service lines $220,000 see item Lake in the Woods service line replacement Replace service lines $100,000 see item Sylvan Lakes service line replacements Replace service lines $100,000 see item Baytree Service line replacements Replace service lines 5100,000 see item Rockridge AC Main and service line replacement Replace service lines $750,000 Total 524,220,000 480 Deferred Capital/Maintenance -SWDD Item Description Estimated Cost HHW Building The building is over 20 years old, rusting and a safety hazard. $1,000,000 MRF Building / Recycling Education Center Our current Big Top building is over capacity. Need a new building. $1,700,000 LF Perimeter Fence The landfill perimeter fence needs to be replace due to wear and tear. $300,000 Road Improvements Landfill interior roads need to be redone along with storm water improvements. $100,000 New Drop -Off Facility Our drop-off area is over 30 years old, poor base, drainage issues and difficult for residents to throw thing over from the ground. Need a modern elevated drop-off area. $500,000 Styrofoam Processing Building Demolish and replace current structure. $150,000 Veg Waste Area The SWDD Board has directed staff to improve the 11.25 acres of the Yard Waste Facility at the landfill by utilizing crushed concrete to raise the site to eliminate flooding and muddy conditions $750,000 New concrete pads for tires, scrap metal Need to expand our concrete pad for scrap metal and to put tires on a concrete pad. $50,000 New signs at landfill & CCC's Need to update signs at the landfill and all of the CCC's. $50,000 Fiber & Cameras at three CCC's Two of the five CCC's have cameras and we should expand this to all five. $200,000 Modernize HHW/Oil drop-off at CCC's Need to modernize the HHW/Oil drop-off areas at Gifford, Winter Beach and Roseland CCC's. $100,000 Road Improvements at all CCC's The roads at Gifford, Winter Beach and Roseland were last paved in 2012 ($150K). $200,000 Total $5,100,000 481 Deferred Capital/Maintenance - Emergency Services District Location Description Estimated Cost Emergency Operations Center EOC Grounds security system $11,665.00 Total $11,665.00 482 3/05/2019 12.E.1. s Deferred Capital & Maintenance March5,2019 s Deferred Capital & Maintenance Economic Downturn • Ad Valorem revenues fell $34M • Full-time positions fell to 702 from 964 • Building Department revenues fell $3.1M • Population grew 6.7% • Maintain Service Levels • Avoid millage rate increases 3/05/2019 12.E.1. 46z -d 2 ici. Completed Deferred Capital & Maintenance Deferred Capital & Maintenance Post Downturn • Increase in taxroll each year since FY 2013/14 • Eliminated the use of fund balance • Expanded workforce • Added Services • Fire Stations • iG Facility • Shooting Range Skeet & Trap Department Completed._ • Air conditioners $3.0M 46z -d 2 Completed Deferred Capital & Maintenance Department Completed._ • Air conditioners $3.0M Public Works Facilities Management $4,833,945 Roadways $12,555,130 Stormwater $0 Total $17,389,075 General Services j Parks $372,51 Shooting Range $0 Recreation $478,017 Conservation Lands $24,975 Libraries ' $507,167 Total $1,382,677 Utilities Utilities $19,579,563 SW DD $368,353 Total $19,947,916 Emergency Services $7,638,658 • Resurfacing and restriping $9.3M • Utilities $19.6M • ESD rolling stock 5 -year catch-up plan $5.9M GrandiTotalt $46;358;326 46z -d 2 3/05/2019 12. E.1. 4813 Deferred Capital & Maintenance In Summary • $46.4M already completed • $44.0 still outstanding • Up to 7 years to fully implement • Continue to be addressed going forward Outstanding Deferred Capital & Maintenance Department Outstanding' Public Works • $5.3M included in budget Facilities Management $6,205,001 Roadways $4,015,00. • Fleet Facility $1.65M tormwater $281,80. eneral Services Total $1o,501,800 • Courthouse $2.0M Parks $1,890,701 • Resurfacing $3.3M to bring hooting Range $95,000 roads to acceptable level Recreation $389,501 Conservation Lands $1,798,000 Libraries $e • Conservation Lands — Total $4,173,201 includes grant requirements Utilities Utilities $24,220,00e • Utilities — increased R&R WDD $5,1oo,00d budget Total $29,320,000 Emergency Services $11,665 • SWDD $1.7M Materials Recovery Facility (MRF) GrandpTotall $_44,00.6;66 budgeted in CIE 4813 Deferred Capital & Maintenance In Summary • $46.4M already completed • $44.0 still outstanding • Up to 7 years to fully implement • Continue to be addressed going forward 4813 3/05/2019 12. E.1. Questions, Comments, etc.? `624 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: Jason Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Developer's Agreement with Grace Baptist Church — Drainage for 43rd Avenue DATE: February 19, 2019 DESCRIPTION AND CONDITIONS On January 6, 2004 the Board of County Commissioners entered into a Developers Agreement with the Grace Baptist Church (Church) on the west side of 43rd Avenue, just north of 12th Street. The Church agreed to design their stormwater management system to accommodate runoff from their site and a portion of 43' Avenue. This was at a time when the design for the widening of 43' Avenue was underway and staff was analyzing locations for stormwater treatment of the roadway runoff. The Developers Agreement provided for the County to pay $35,000 to the Church for the County's portion of engineering and permitting of the stormwater pond ($5,000), perpetual maintenance of the pond after it was constructed by the County ($20,000), and a premium for the perpetual right to drain stormwater into the Church's pond. In 2018, Church approached the County regarding the Developers Agreement and requested that they be released from the terms of the agreement so that they could move forward with an expansion of the Church. Staff has no objections to the release of the Church from the terms of the Developers Agreement as the County has recently purchased property adjacent to the Church that will serve as a stormwater treatment facility for 43rd Avenue in the future. However, the County paid for rights that it did not use and staff requested that the Church reimburse the County $30,000 that was not utilized as part of the agreement. The Church has agreed to reimburse the County, but has requested to reimburse the County by paying $6,000 per year for five years, until the amount is paid in full. The first installment will be on April 1, 2019. FUNDING The funds received will be deposited into Traffic Impact Fees/Misc. Revenue/Reimbursements- Account No. 102038-369940 RECOMMENDATION Staff recommends that the Board approve the Developer's Agreement between the County and Grace Baptist Church and authorize the Chairman to execute the Developers Agreement on behalf of the Board. ATTACHMENTS Developers Agreement AGENDA ITEM FOR March 5, 2019 483 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80DF955\@BCL@B80DF955.doc FIRST ADDENDUM TO DEVELOPER'S AGREEMENT THIS FIRST ADDENDUM TO DEVELOPER'S AGREEMENT ("Addendum") is made as of this day of_ , 2019, by and among Indian River County, Florida ("County") and Grace Baptist Church of Vero Beach, Inc. ("Grace. Baptist"). RECITALS This Addendum is based upon the following recitals: A. County and Grace Baptist entered into a Developer's Agreement on January 6, 2004 ("Agreement"), recorded in Official Record Book 1691, Page 897, Public Records of Indian River County. B. Pursuant to the Agreement, the County was to direct stormwater runoff from 43rd Avenue to a stormwater retention pond on Grace Baptist's property, located at 1285 43rd Avenue, Vero Beach, FL 32960, (the "Grace Baptist Property"). C. As consideration for acceptance of the stormwater runoff, and for maintenance of the retention pond, the County agreed to pay, and did pay, to Grace Baptist $35,000.00. D. Grace Baptist spent $5,000.00 for engineering services in reliance upon the Agreement. E. The roadway improvement plans for 43rd Avenue have been changed, and stormwater retention is no longer required on the Grace Baptist property. F. Accordingly, the parties wish to amend the Agreement to provide for a structured repayment of the consideration paid by the County. NOW THEREFORE, in consideration of mutual covenants and agreements stated in the Agreement and for other sufficient consideration received and acknowledged by each party, County and Grace Baptist agree to amend the Agreement as follows: 1. RECITALS. All recitals are true and correct and are incorporated herein. 2. DEFINED TERMS. Except for those terms expressly defined in this Addendum, all initially capitalized terms will have the meanings ascribed to them in the Agreement. 3. COMMENCEMENT. DATE. Beginning April 1, 2019, and continuing on the same date each year for five consecutive years, Grace Baptist shall pay to the County $6,000.00 until the full amount of $30,000.00 is repaid in full, as full and fair repayment to the County for the funds paid by the County pursuant to the terms of the Agreement. 1 484 4. RELEASE OF EASEMENTS. Within 30 days after the County has received the full amount of $30,000.00, County shall execute and record in the public records a release of the drainage easement and of the temporary construction easement potentially granted in the Agreement. 5. DEFAULT. A. If Grace Baptist fails to perform its obligations under the terms of this Agreement after 60 days written notice, County shall have the right to record a lien upon the Grace Baptist Property for the unpaid balance. B. If the County fails to perform its obligations under the terms of this Agreement after 60 days written notice, Grace Baptist shall be entitled to specific performance. C. In any litigation or appeal arising from or out of this Agreement, the prevailing party shall be entitled to recover attorney's fees and costs from the non -prevailing party. 6. FORBEARANCE. As long as Grace Baptist is in compliance with its obligations under the terms of this Agreement: 1. The County, its departments, and its staff shall not withhold or delay issuance of any building, development, or permit approval due to the existence of the Agreement or the easements created therein; and 2. The County shall not seek to enforce its rights to utilize the easements potentially created in the Agreement, or to prevent Grace Baptist from constructing improvements on the Grace Baptist Property which might otherwise conflict with the easements potentially granted in the Agreement (the parties recognizing that the "drainage easement": mentioned in the Agreement is not specifically described as to location, size, or capacity). 7. RELEASE. Except as provided herein, the County and Grace Baptist are hereby released, and do hereby release each other, from all further obligations under the Agreement. 8. CONFLICTING PROVISIONS. If any provisions of this Addendum conflict with the Agreement, the provisions of this Addendum shall govern. 9. BINDING EFFECT. This Addendum shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. Should any part, term, sentence, clause or provision of this Addendum be declared invalid, illegal or unenforceable, such invalidity shall not affect the remainder of this Addendum. 2 485 10. COUNTERPARTS; ELECTRONIC SIGNATURES. This Addendum may be executed in counterparts, each of which (subject to the following sentence), when fully executed, shall be deemed an original, and all of which shall be but one Agreement. If the signature of County and/or Grace Baptist on this Addendum or any counterpart of this Addendum is not an original, but is a digital, mechanical, or electronic reproduction (such as, but not limited to, a photocopy, fax, email, PDF, Adobe image, jpeg, telegram, telex, or telecopy), then, such digital, mechanical, or electronic reproduction shall be as enforceable, valid, and binding as, and the legal equivalent to, an authentic and traditional ink -on -paper original wet signature penned manually by its signatory. In the event of any conflict between any of such counterparts, the original or copy hereof held by County, including all exhibits thereto, shall control. 11. RECORDING. This document shall be recorded in the public records of Indian River County. [Signatures on following page] 3 486 IN WITNESS WHEREOF, County and Grace Baptist have executed this instrument this day and year first above written. GRACE BAPTIST CHURCH BOARD OF COUNTY COMMISSIONERS OF VERO BEACH, INC. INDIAN RIVER COUNTY, FLORIDA BY:(�fd.Gtia ✓//LC/�?/Yiv Name: C-hn:`s DrinnovL Title: WITNESS: Printed Name: WITNESS:at/ BY: Bob Solari, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court Printed Name: r?'/ar(%CPa° and Comptroller (Corporate seal is acceptable in By: place of witnesses) Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of fr:thru,..c q ; 2019 by ,ris lir; finoV} , the President of Grace Baptist Church of Vero Beach, Inc., a Florida corporation, on behalf of and with full authority of said corporation. He/she is personally known to me or has produced his/her dri ver's license as identification. r 7P MAY LEE MY COMMISSION # GG 183444 v".'�-poEXPIRES: February6, 2022 "43..1!•.;$* Bonded YlW No'arq Putix Underw hers NOTARY PUBLIC: Printed Kla e: Commiss on No.: /Is3 gip" Commission Expiration: 2- to a0014 Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney 4 487 March 5, 2019 ITEM 14.D.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 28, 2019 SUBJECT: John's Island Water District Re -use Line Action FROM: Peter O'Bryan Commissioner, District 4 Commissioners: I request the Board consider tabling any action on the John's Island Water District Re -use Line until the AIA study is completed and presented to the Board. Thanks. Back-up included from Dec 11, 2018 BCC meeting. 488 Back-up for 14.A.1. March 5, 2019 Date: To: From: Prepared By: Subject: Regular Agenda Item from December 11, 2018 12.G.1 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES November 29, 2018 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Arjuna Weragoda, PE, Capital Projects Manager Barrier Island Reclaimed Water Main System Analysis DESCRIPTIONS AND CONDITIONS: Indian River County has historically provided reclaimed water (a.k.a. reuse) to area golf courses for irrigation. Recently, as part of the capital improvement plan implementation outlined in the Reclaimed Water Franchise Agreement between the Town of Indian River Shores (Town) and Indian River County, the expansion of the County's reuse system evaluation is a requirement. However, this process began seven years ago. As part of that process to provide reclaimed water service to Indian River Shores and the North Barrier Island (south of SR 510), on December 13, 2011, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 1 to Schulke, Bittle & Stoddard, LLC. Only the hydraulic analysis portion of Phase I of that work order was complete when the project was halted in March 2012 clue to the termination of the City of Vero Beach (City) water and wastewater utilities purchase agreement between the City and Indian River County, and the Town signing a franchise agreement with the City for the City to provide reuse. ANALYSIS: Staff reached out to Schulke, Bittle & Stoddard, LLC (SBS) to perform an engineering feasibility analysis to run a pressurized reuse transmission main along the A1A corridor fed from a storage and repump station at the Sea Oaks Wastewater Treatment Plant (WWTP) site. Given the tight constraints of existing infrastructure within the A1A corridor, in order to accurately determine the feasibility of a reuse transmission main, SBS re-evaluated the corridor prior to submitting a proposal. As part of the evaluation, SBS determined the need for extensive existing utility locates in, around, and under the A1A right-of-way corridor. This analysis will be accomplished by SBS securing an underground utility contractor to physically locate the existing underground utilities via pot holing. Once the underground existing utilities are located, the horizontal and vertical information will be surveyed. Therefore, approximately 52.3% of the cost of the subject work order is attributed to locating the existing underground utilities within the A1A corridor in order to accurately determine if a reuse main can be installed. The work order has been provided in accordance with the Continuing Contract Agreement for Professional Engineering Services with SBS dated April 17, 2018. The scope is more specifically described in the attached Work Order No. 3. The total negotiated cost for Work Order No. 3 is a total sum amount of 489 $102,800.00. If approved, please note that the initial surveying work will not start until mid-January 2019 due to the current work load the consultants are experiencing. Therefore, substantial completion of this evaluation is estimated to take six to eight months from notice to proceed. FUNDING: Funding for the North County Reuse Main System is available within the Utilities Capital Fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion and construction of the facilities, and that new growth will benefit from the expansion and construction of the facilities. If the project does not come to fruition, the expenses will have to be transferred to Other Professional Services in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Barrier Island. Reuse Main System Feasibility Analysis 472-169000-18532 $102,800.00 RECOMMENDATION: Staff recommends approval of Work Order No. 3 authorizing the mentioned professional services and requests the Board to authorize the Chairman to execute Work Order No. 3 on their behalf for a total sum amount of $102,800.00 to Schulke, Bittle & Stoddard, LLC. ATTACHMENT(s): Work Order No. 3 and supporting documents (17 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A00D3623\@BCL@A00D3623.docx 490 U$A S CAfibS61NGS }$AT OLD BARf9E131�3"DU" .9 NITARY RORCE°M�'"} 'C.I.P WATERMAIN .:,(ABANDONED 19• -F<<"'GRID N 12062..\ L5 1L 22] 23"A1J ASMB �• 20 D 'P fREUSE WA, 20'1111D W1R R,VA .E SANITARY FORCE MAIN,1.9 F3 GRID NO RID E-08590 -AT 39'bt 4,-80°22'23- 'C 0°22'23 TOWN.`OFINDIAN'��r ` RNER SHORE8., 'OWN LIMITS i ITY,_-.zIMITS Cfry OF VERO BEACH WATER AND SEWER DEPARTMENT C.O.V.B. SUBAQUEOUS UTILITY CROSSINGS WARNING SIGN REPLACEMENT PROJECT LOCATION MAP March 5, 2019 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 27, 2019 SUBJECT: Request to Use Commission Chambers to Host Community Awareness Forum on Human Trafficking FROM: Tim Zor'-_� G' Commissioner, District 3 Discussion Item: Over the last 20 years, the crime of human trafficking has gained increased attention from federal, state, and local authorities in the United States. I respectfully request use of the Commission Chambers on March 13, 2019, to host a community awareness forum on human trafficking activities in Florida and the Treasure Coast. The program would begin with an information fair from 5-6 PM, followed by formal presentations from 6-7:30 PM. Invited speakers include Place of Hope, the Treasure Coast Human Trafficking Coalition, Indian River County Sheriff's Office, Office of the State Attorney (19th Judicial Circuit), and the Florida Office of the Attorney General. 491 Florida Spotlight 2017 National Human Trafficking Hotline Statistics The National Human Trafficking Hotline provides survivors of human trafficking with viol support and a mariety of options to get help and stay safe. The data below do not represent the full scope of trafficking in Florida.Lock of oworeness of human trafficking or of the Notional Hotline can lead to significant underreporting, particularly among labor trafficking populations or byccrtoin radiator ethnic groups. However, this information can shed some tight on tr�eking in Florida which can help put traffickers out of business and hells survivors find the services they need. Locations of Traf$icking1 'Some oases nmy involve multiple locations. 615 Trafficking Cases allSex Sex & Labor Trafficking Trafficking 411 Cases 35 Cases Labor Form Not Trafficking Specified2 136 Cases 33 Cases ..Cors where naffeking type t: nor specified ore t pkoty a resrBs of miters self identifying as Welles or service pmvrders or Jaw ertfemane it seeking refenvis for trceld fig victims wiihott providing/al ter detas obaart thee:erect of lived work or forted commercial sec Communication to the National Hotline IoJarls Phone Calls 1,644 Webforms 145 Emails 90 Texts 45 NATIONAL, HUMAN TRAFFICKING HOTLINE The atr5a in this report u ocramte as °flatly 21, aiia Cases of may he onforag et new imfareratttioo may revealed to the N6rbnai Hotline ober time Commix', ly, noddies may be sae,ec m change ers new aafvrnatsar emerge: 492 HUMAN TRAFFICKING CASES REPORI ED THIS NEAR VICTIMS AND SURVIVORS IDENTIFIED Highs IrudBrtcers 1,010 Mederzte Indicators 745 Calls F,071l fichrtns & Survivors 378 1 _ , TYPE OF TRAFFICKING barTraffidang 037) Sex and Labcc [33) '. "TrdtficlangType Not Specified(.32) rrf Cases 604 TOP VENUES/INDUSTRIES FOR LABOR TRAFFICKING DateshcVuhrk(311 MItuie (Zs1 Euspitzte 'Begging Rings (71 of Cas>✓s. 1.37 TOP VENUES!INDUS I HIES FOR SEX TRAFFICKING -Mt-Based (tib Ifct MassagaSpa Business 44C lEnllne Ad,nue !Unknown (321 [Re bente-Rased Commercial 42 orCsses 4U2 GENDER Male (.95(f I .Serder Miinarita's 4111 f Cases 6041 AGE 4 of Cases There stairsirc are r.C.'-cmvnuilav kE. Cases ,+';a, nnWAYE rnaqn k' C.?s;,a?eC ses catVers norprovkie dernuurargArt intanisdrgi 6114 CITIZENSHIP 1=1.1 1. [153) or2ijry-,. Naanal 111.451 s of Cases 689 mu and i lane rts7 a mi'Ar za u * n i=� d_s a,5.1:S. CacraM .a knYs and asaisrns, BREAKDOWN OF REQUESTS ON HUMAN TRAFFICKING CASES Report aTraffidking up 1454 r:ccess S n4ce Referrals 193) terluest Cnsi<. Assistaice (511 ,Request General Intrmnation (<<.31 ;vf Cases 6114 TOP WAYS THE CALLER FOUND THE HOTLINE Cetezal 0125) Internet (64) DOS Wm- Your F;a is P iaphl 43 r 1 Train irConfFen_e 121) DtherLarrpaiga 4181 4 of Calls TOP CALLER TYPES Curer ung pz Member c1.933 ei am erf Traffiddng (3Tj ,. fN DRepresientatitie(17.7)' Cmily of Trafficking Victim [1,57) `" tercti naf Lab a Exgiaftafuon (76j 1601 of Calls 1,601 493