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HomeMy WebLinkAbout04/09/2019 (2)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 9, 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 FHRST RESPONDERS 2.B. INVOCATION Pastor Joe Moore, Rivers of Living Water RHEMA Word Ministries 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating April 7 Through April 13, 2019 as Crime Victims' Rights Week Attachments: Proclamation 5.B. Presentation of Proclamation Designating April 15, 2019 as Jackie Robinson Day Attachments: Proclamation 5.C. Presentation of Proclamation Designating the Month of April, 2019 as Child Abuse Prevention Month Attachments: Proclamation April 9, 2019 Page 1 of 6 5.D. Presentation of Proclamation Designating the Week of April 7 Through 13, 2019 as National Volunteer Appreciation Week Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Fitch Affirms Indian River County, FL Spring Training Facility Revenue Bonds Attachments: Staff Report Fitch Press Release 8. CONSENT AGENDA 8.A. Checks and Electronic Payments March 22, 2019 to March 28, 2019 Attachments: Finance Department Staff Report 8.B. Resolution Cancelling Taxes on Property Conveyed by GRBK GHO Arabella Reserve, LLC for 58th Avenue Right -Of -Way Pursuant to Developer's Agreement Attachments: Staff Report Resolution Attachment to Resolution (Warranty Deed) 8.C. Third Amendment to Agreement with First Baptist Church for Shared Parking Lot for Main Library Attachments: Staff Report Third Amendment to Parking Lot Agreement 2010 09-14 Second Amendment to Agmt w First Baptist Church 1999 05-04 Amendment to Agmt w First Baptist Church 1989 04-11 First Baptist Church agreement with ten year design life Aerial of subject property 8.D. Award of Bid No: 2019031. IRC North Reverse Osmosis (RO) Plant Roof Replacement (IRC -1802) Attachments: Staff Report Sample Agreement 8.E. Utility Work by Highway Contractor Agreement, for Water and Sewer Construction on County Project SR -60 and 43rd Avenue (IRC -0853) Attachments: Staff Report Utility Work by Highway Contractor Agreement April 9, 2019 Page 2 of 6 8.F. Award of Bid No. 2019025, Old Dixie Highway and Highland Drive Intersection Improvements (IRC -1362) Attachments: Staff Report Sample Agreement 8.G. Work Order No. 8, Kimley-Horn & Associates, Inc. 69th Street Milling and Resurfacing from 66th Avenue to U.S. Highway 1 (IRC -1639) Attachments: Staff Report Work Order No. 8 8.H. Award of Bid No: 2019035, Wabasso Causeway Fishing Pier Demolition Project, IRC -1712 Attachments: Staff Report Sample Agreement 8.I. Final Pay and Release of Retainage to All Webb Enterprises, Inc., for Van Antwerp Well Mitigation Plan, Bid No. 2018038 Attachments: Staff Report Final Pay Application Signed Construction Completion Certificate Email from SJRWMD 8.J. Work Order No. 12 with Kimley Horn for Design, Procurement and Construction Administration to Replace the Degasifier/Scrubber Blower (Odor Control System) at the South County Water Treatment Plant Attachments: Staff Report Work Order No 12 Degasifier Scrubber Blower Replacement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Supervisor of Elections Leslie Rossway Swan: Request to have the Revenue from the February 26, 2019 City of Vero Beach Special Election be Rolled into the Supervisor of Elections 2018/2019 Budget; and Request for Permission to Relocate Two Polling Places Attachments: Supervisor of Elections Correspondence Dated March 19, 2019 9.B. Indian River County Supervisor of Elections Leslie Rossway Swan: Request Authorization for the County's 15% Match, Budgeted in the Supervisor of Elections FY 2018-2019 Approved Budget, to Receive Federal Election Activities Funds Attachments: Supervisor of Elections Correspondence Dated March 19, 2019 April 9, 2019 Page 3 of 6 9.C. The Honorable Cynthia L Cox, Circuit Judge, 19th Judicial Circuit of Florida, on behalf of the Indian River County Drug Court/Court Administration: Request for Approval to Apply for a Grant of up to $500,000 from BJA Adult Drug Court Discretionary Grant Program FY 2019 Attachments: Circuit Judge Memorandum Program Abstract & Proposed Estimated Budget IRC Grant Detail Form 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Outline of Indian River Lagoon Management Plan Recommendation for Moving Forward Attachments: Staff Report IRL Plan Outline G. Utilities Services 12.G.1. Chemtrade Price Change Attachments: Staff Report December 18 2018 E -Mail Request for Price Increase 13. COUNTY ATTORNEY MATTERS April 9, 2019 Page 4 of 6 13.A. Request for Permission to Advertise: Tethering Ordinance Amendment Attachments: Staff Report Proposed Ordinance Amendment 13.B. Grant of Easements to the City of Vero Beach for the former Dodgertown Golf Course Property Attachments: Staff Report Utility Easement Drainage and Stormwater Easement Avigation Easement 13.C. Lease Agreement with the City of Vero Beach for the Dodgertown Golf Course Pro Shop/Golf Cart Building Attachments: Staff Report Lease Agreement 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 14.E.1. Revision of Indian River County Resolution #2004-071 Attachments: Commissioner's Memorandum Commissioners Open Dialogue Commissioners Open Dialogue Attachments: Informational Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT April 9, 2019 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County 's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m April 9, 2019 Page 6 of 6 5,A. PROCLAMATION DESIGNATING APRIL 7 THROUGH APRIL 13, 2019 AS CRIME VICTIMS' RIGHTS WEEK WHEREAS, victims of crime across America need and deserve support and assistance to help them cope with the consequences of crime; and, WHEREAS, National Crime Victims' Rights Week offers us all the opportunity to promote Strength In Unity in helping victims and survivors of crime through a wide range of supportive services offered by over 10,000 community and justice system -based programs, and the more than 32,000 federal and state statutes that define and protect their rights; and, WHEREAS, by being united against crime and for victim's rights and services we gain strength as individuals, as communities, and as a nation as a whole, and offer strength to victims who seek to recover in the aftermath of crime; and, WHEREAS, America has joined together annually each April since 1981 to recognize the needs and rights of crime victims and survivors during National Crime Victims' Rights Week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 7 through April 13, 2019 be designated as CRIME VICTIMS' RIGHTS WEEK in Indian River County, and the Board honors crime victims and those who serve them during this week and throughout the year. Adopted this 9th day of April, 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 1 PROCLAMATION DESIGNATING APRIL 15, 2019 AS JACKIE ROBINSON DAY WHEREAS, April 15, 2019 will mark the 72nd anniversary of Jackie Robinson making his Major League debut with the Brooklyn Dodgers as he broke the color barrier in 1947 to become the first African-American to play Major League Baseball; and WHEREAS, Jackie Robinson spent nine Spring Trainings (1948-56) at Dodgertown, Vero Beach and the Dodgers advanced to the World Series five times in those years; and WHEREAS, In 1948 Dodgertown became the first and only integrated Spring Training site in the South; and WHEREAS, Major and Minor League Baseball celebrates Jackie Robinson Day nationally each April 15th; and WHEREAS, Mr. Pat O'Conner, Minor League Baseball President & CEO, said "Minor League Baseball is proud to be part of this annual celebration in Vero Beach as we play a game at Historic Dodgertown to honor him."; and WHEREAS, the fifth annual Jackie Robinson Celebration game will take place on Monday, April 15, 2019, in Holman Stadium when the St Lucie Mets host the Dunedin Blue Jays to benefit a worthy cause, the United Way of Indian River County; and WHEREAS, the cost of this Minor League Baseball game is kept low so that it can be a true community -wide celebration. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board designates April 15, 2019, as Jackie Robinson Day, and hereby congratulates Major League Baseball on its work and success in Indian River County over the past 71 years. Adopted this 9th day of April, 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 5.G PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2019 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and WHEREAS, the abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affects all of society; and WHEREAS, increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and WHEREAS, community organizations such as all the Exchange Clubs in Indian River County, the Exchange Club of Indian River, the Exchange Club of the Treasure Coast, the Exchange Club of Vero Beach, the Exchange Club of Fellsmere and the Exchange Club of Sebastian, and other organizations who make children a top priority take action to support the physical, social, emotional, and educational development and competency of all children; and WHEREAS, during the month of April, Prevent Child Abuse Florida in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development and positive parenting practices. The National Exchange Club will honor all children by wearing blue on Mondays during the month of April. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, that the month of April, 2019, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all residents are urged to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. Adopted this 9th day of April, 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 5,b. PROCLAMATION DESIGNATING THE WEEK OF APRIL 7 THROUGH 13, 2019 AS NATIONAL VOLUNTEER APPRECIATION WEEK WHEREAS, volunteerism strengthens communities, improves social problems, and enhances the overall quality of life for all citizens, including children, seniors, those who are disabled, impoverished, imprisoned, homeless, physically or mentally ill, or otherwise in need of assistance; and, WHEREAS, volunteering changes the lives of volunteers in a positive way by increasing self- confidence, self-esteem and physical wellbeing; offering the chance to make new friends; and providing opportunities to learn new skills and abilities; and, WHEREAS, volunteering is proven to have a positive influence on businesses that are socially responsible by increasing employee morale, loyalty and teamwork, and building goodwill toward the company; and, WHEREAS, nonprofits, charities, community and faith -based groups, schools, volunteer centers, and national service programs in Indian River County have joined together with state and local governments in celebration and praise of volunteers who have given tirelessly and selflessly to the service of others. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 7 through April 13, 2019, be designated as NATIONAL VOLUNTEER APPRECIATION WEEK in Indian River County and the Board encourages all citizens to promote the spirit of volunteerism; to observe the appropriate activities, programs and ceremonies supporting volunteerism; and to participate and engage others in volunteer activities now and for as long as they are able. Adopted this 9th day of April, 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 4 7, At. INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: April 3, 2019 SUBJECT: Fitch Ratings Press Release Indian River County's Spring Training Facility Revenue Bonds FROM: Kristin Daniels Director, Management & Budget Attached is a copy of the March 26, 2019 press release from Fitch Ratings, which affirms Indian River County's `AA+' rating for the County's Spring Training Facility Revenue Bonds, Series 2001. Key rating drivers for Fitch were high debt service coverage, strong performance of pledged revenue sources, and early bond redemptions from surplus funds. 5 FitchRatings Fitch Affirms Indian River County (FL)'s Spring Training Revs and IDR; Outlook Stable Fitch Ratings -New York -26 March 2019: Fitch Ratings has affirmed the following ratings on Indian River County, FL: —Long -Term Issuer Default Rating (IDR) at 'AAA'; —Approximately $5.7 million spring training facility revenue bonds, series 2001 at'AA+'. The Rating Outlook is Stable. SECURITY The spring training facility revenue bonds are limited obligations of the county, secured by a first lien on a statutory annual distribution of funds from the State of Florida general revenue fund for new or retained professional sports facilities, and proceeds from the fourth -cent tourist development tax (TDT) levied by the county and 86% of the local govemment half -cent sales tax distributed to the county by the state. The lien on the TDT and half - cent sales tax is automatically released as of April 1, 2021 (10 years before the final maturity date of the bonds of April 1, 2031). The bonds are additionally secured by a cash -funded reserve equal to maximum annual debt service (MADS). IDR ANALYTICAL CONCLUSION The 'AAA' IDR reflects the county's exceptional financial resilience including its superior budget flexibility and high reserves in relation to expected revenue volatility through the economic cycle. The rating also considers the county's very low long-term debt and retiree benefit liabilities. DEDICATED TAX ANALYTICAL CONCLUSION The 'AA+' rating on the spring training facility revenue bonds is based on Fitch's dedicated tax analysis and the structures resilience to pledged revenues through the economic cycle. Debt service coverage is currently very high and provides significant protection against historical revenue stress and declines via the Fitch Analytical Sensitivity Tool under a moderate economic downturn scenario. The rating also reflects Fitch's expectation that pledged revenues will not be leveraged to the 1.25x ABT, which could otherwise pressure the rating. Growth prospects for the TDT and half -cent sales tax are modest based upon expectations for population and economic growth within the county over time. Upon the release of the TDT and half -cent sales tax, the bonds will only be payable from the statutory payment from the state's general revenue fund, the creditworthiness of which Fitch views as equivalent to one -notch below the state IDR. Given the release of the TDT and half -cent sales tax prior to final maturity of the bonds, Fitch caps the rating at one -notch below the state IDR. The rating is also capped at the IDR on the county, as the pledged revenues do not meet the requirements set out in Fitch criteria for treatment as "pledged special revenue" under section 902(2) of the bankruptcy code and are not otherwise insulated from the operating risk of the county. (SEE BELOW FOR DEDICATED TAX ANALYSIS) Economic Summary Indian River County is located on the Atlantic coastline, approximately 135 miles north of Miami, and includes the cities of Vero Beach and Sebastian. The county's population has shown steady growth with a 2017 census estimate of 154,383, up almost 12% since 2010. IDR KEY RATING DRIVERS Revenue Framework: 'aa' Fitch expects revenues to rise at a slow pace but one that exceeds historical trends over the last decade, driven by growth in population and economic development. The county has considerable legal revenue raising ability with current millage rates well below the 10 -mill statutory limit. Expenditure Framework: 'aa' The county's pace of spending is expected to be in line with or marginally above revenue trends in the absence of policy action. Carrying costs for debt and retiree liabilities are moderately low despite recent large increases in contributions to the state -administered Florida Retirement System (FRS) the county participates in. Long -Term Liability Burden: 'aaa' County debt and pension benefit liabilities are very low, estimated at below 3% of personal income. Liabilities are expected to remain low based on the county's participation in FRS, absence of additional debt issuance plans and very rapid repayment of outstanding debt. Operating Performance: 'aaa' Fitch expects the county will continue to demonstrate a high level of financial resilience and gap -closing ability throughout economic cycles based on its high reserves, superior budget flexibility, and prudent financial management record. 6 RATING SENSITIVITIES IDR: The IDR is sensitive to unexpected and significant changes in the county's financial resilience and/or long-term liability burden. SPRING TRAINING FACILITY BONDS: Due to the nature of the revenue pledge and the automatic release of the TDT and half -cent sales tax, the rating on the bonds is capped at the lower of the IDR on the county or one notch below the state's IDR. The rating is also sensitive to a material change in coverage resulting from additional leverage or a shift in the performance of pledged TDT and/or half -cent sales tax revenues prior to their automatic release. ECONOMIC RESOURCE BASE The local economy of Indian River County is traditionally centered on agriculture and tourism, although it has diversified with an increased presence of health care and information technology, light manufacturing, wholesale and retail trade and service sector jobs. The county's tax base has picked up solid momentum in recent years after enduring steep declines during the recession and a slow initial recovery. The county's unemployment rate has improved considerably but still exceeds the state and the U.S. average. The tourism sector continues to strengthen, with tourist development taxes up 7% in fiscal 2018 over the prior year. IDR CREDIT PROFILE Revenue Framework Property tax revenues are the county's largest revenue source, comprising 66% of fiscal 2019 general fund budgeted revenues. The county's 10 -year historical general fund revenue growth has lagged both U.S. GDP and inflation increases through fiscal year ending 2018, due to the severe impact of the great recession and housing market decline as well as the state property tax reform. Growth prospects are somewhat more positive, absent policy action, driven by continued population growth, property appreciation and development. The county has ample legal revenue raising authority as the current.millage is well below the property tax cap of 10 mills. The adopted general fund tax rate remained stable at 3.4604 mills in fiscal 2019. Expenditure Framework The county maintains solid expenditure flexibility with moderate carrying costs. Public safety is the largest spending item, with fiscal 2018 outlays comprising 50% of total general fund and MSTU expenditures. General government spending is the second largest spending category equal to about 23%. The county's pace of spending is expected to be in line with or marginally exceed revenue growth trends, absent policy action, with increased demands associated with population growth largely offset by growth in the tax base and other non -ad valorem revenues. Employee wages and benefits are the main expenditure driver. Wages and benefits are collectively bargained, as county employees are largely represented by two unions. However, under state law, if an impasse is declared, both parties are required to engage in a non-binding mediation process after which the local government may impose contract terms for one year. The county was able to manage the budget through the great recession by privatizing certain services, implementing hiring and wage freezes and layoffs, and using reserves. It has since increased staffing levels in recent years (albeit to a level that is still below pre -recession highs) and reinstated pay increases. The county's high proportion of public safety spending may present some practical restrictions on future expenditure flexibility. Fixed carrying costs associated with debt and retiree liabilities are equal to about 9% of total government spending in fiscal 2018. Long -Term Liability Burden The county's long-term liability burden approximates 3% of personal income and is expected to remain very low. The county's overall debt burden mainly reflects the overlapping obligations of the county school board. The county's direct debt amortizes at an aggressive pace with over 90% of principal to be repaid within 10 years. Capital needs from 2019 through 2023 are manageable and are largely focused on transportation and utility system improvements financed from gas and sales tax revenues, impact fees, user fees and grants. The county does not have any debt issuance planned. During the November 2016 general election, county voters approved the extension of the optional sales tax beginning in Jan. 1, 2020 for an additional 15 years through Dec. 31, 2034. The local option sales tax generated approximately $19 million in revenues in fiscal 2018. The county plans to continue to use the funds to support its infrastructure and capital needs on a pay-as-you-go basis in lieu of higher amounts of debt financing. The county participates in the state -administered Florida Retirement System, a cost sharing multiple employer plan. FRS is adequately funded with a reported asset to liability ratio estimated at 84% (as of the June 30, 2018 measurement date), or 75% using Fitch's standard 6% investment rate of return. The county's net pension liability (excluding the HIS plan) totaled $104 million, or approximately $190 million (less than 2% of personal income) using the Fitch adjustment. The county historically funds 100% of the actuarially determined FRS contribution. Operating Performance Fitch believes that the county's broad revenue raising ability and spending flexibility provide it with the ability to maintain reserves well in excess of a level consistent with a 'aaa' financial resilience assessment through economic cycles. Fitch's Analytical Sensitivity Tool (FAST) generates a general fund revenue decline of nearly 4% in a moderate economic downturn scenario. The county continues to comply with its financial reserve policy requiring unassigned reserves equal to 20% of total operational spending plus an additional 5% for both budget stabilization and emergency use. The county has demonstrated robust financial management by maintaining ample reserves. Despite modest operating deficits that occurred from fiscal 2015-2017, the county's unrestricted reserve levels have remained in excess of 44% of total general fund expenditures and transfers out. 7 Fiscal 2018 results ended with approximately $50 million in unrestricted reserves, equal to about 46% in total general fund spending, reflecting continued growth in property tax and sales tax revenues and lower than budgeted spending, specifically in the areas of transportation and culture and recreation. The fiscal 2019 adopted budget is balanced and represents an approximate 3.5% increase from the 2018 original budget, reflecting an increase in the tax base, no millage rate increase, new positions, and various capital improvements and technology upgrades. DEDICATED TAX CREDIT PROFILE The spring training facility revenue bonds are payable from combination of a first lien on certain statutorily defined payments received from the State of Florida for professional sports facilities, the proceeds from the fourth cent TDT revenues levied by the county and 86% of the local government half -cent sales tax distributed to the county by the state. The lien on the TDT and half -cent sales tax will automatically release after April 1, 2021 (the final maturity date of the bonds is April 1, 2031). The state distribution payment is derived from the state general revenue fund. Fitch calculates the pledged revenue CAGR for the 10 year period ending fiscal 2018 at less than 3%. Pledged revenues, comprised largely of sales tax revenues, were adversely impacted by the outsized effects of the great recession, resulting in a 20% decline over from 2005 to 2010. Fitch expects future revenue growth to track the rate of inflation over time, due to economically sensitive nature of sales tax revenues and the county's continued growth in population and development. To evaluate the sensitivity of the dedicated revenue stream to cyclical declines, Fitch considers both revenue sensitivity results (using a 1% decline in national GDP stress scenario) and the largest consecutive decline in revenues. Based on the pledged revenue history, FAST generates a 3.7% revenue decline in a -1 % U.S. GDP decline scenario. The largest decline in historical revenues was equal to a steep 20% from fiscal 2005 to fiscal 2010. Fiscal 2018 pledged revenues of approximately $10 million provided very high MADS coverage of roughly 20x. MADS has been reduced to an amount that is just below the $500,004 annual state payment following a series of early bond redemptions from surplus funds. The current structure could tolerate a 96% decline in pledged revenues before MADS coverage reaches 1.0x. This level of tolerance is equivalent to almost 26x the FAST result and about 5x the worst historical loss during the time series of data reviewed by Fitch. Fitch considers these results to be consistent with an 'aaa' assessment. Although not expected, an increase in leverage to the 1.25x coverage requirement of the ABT would dilute the structure's resilience to potential revenue stress through the economic cycle, and would lead to a downgrade of the rating on the spring training facility revenue bonds. The ABT is based on a 1.25x coverage requirement from historical half -cent sales tax revenue alone, and is structured in a manner that limits risk to overleveraging given the release of the lien on such revenue in 2021. At that point in time, bondholders will only be backed by a lien on the statutory annual distribution of funds from the State of Florida general revenue fund. As noted above, the annual debt service on the bonds will be just below the amount of the state payment. EXPOSURE TO ISSUER OPERATIONS Fitch believes the pledged revenues would not meet the requirements set out in Fitch's criteria for treatment as "pledged special revenue" under section 902(2) of the bankruptcy code. Given the bond structure and the release of the lien on TDT and half -cent sales tax revenues, the rating on the bonds is capped by both the county's IDR and the rating that is one -notch below the state's IDR. Contact: Primary Analyst Grace Wong Director +1-212-908-0652 Fitch Ratings, Inc. 33 Whitehall Street New York, NY 10004 Secondary Analyst Kevin Dolan Director +1-212-908-0538 Committee Chairperson Michael Rinaldi Senior Director +1-212-908-0833 In addition to the sources of information identified in Fitch's applicable criteria specified below, this action was informed by information from Lumesis. Media Relations: Sandro Scenga, New York, Tel: +1 212 908 0278, Email: sandro.scenga@thefitchgroup.com 8 Additional information is available on www.fitchratings.com The following issuer(s) did not participate in the rating process, or provide additional information, beyond the issuer's available public disclosure: Indian River County (FL) Applicable Criteria U.S. Public Finance Tax -Supported Rating Criteria (pub. 03 Apr 2018) Additional Disclosures Dodd -Frank Rating Information Disclosure Form Solicitation Status Endorsement Policy ALL FITCH CREDIT RATINGS ARE SUBJECT TO CERTAIN LIMITATIONS AND DISCLAIMERS. PLEASE READ THESE LIMITATIONS AND DISCLAIMERS BY FOLLOWING THIS LINK: HTTPS:/MIWW.FITCHRATINGS.COM/UNDERSTANDINGCREDITRATINGS. IN ADDITION, RATING DEFINITIONS AND THE TERMS OF USE OF SUCH RATINGS ARE AVAILABLE ON THE AGENCY'S PUBLIC WEB SITE AT WVWV.FITCHRATINGS.COM. PUBLISHED RATINGS, CRITERIA, AND METHODOLOGIES ARE AVAILABLE FROM THIS SITE AT ALL TIMES. 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The endorsement status of all International ratings is provided within the entity summary page for each rated entity and in the transaction detail pages for all structured finance transactions on the Fitch website. These disclosures are updated on a daily basis. Fitch Updates Terms of Use & Privacy Policy We have updated our Terms of Use and Privacy Policies which cover all of Fitch Group's websites. Learn more. 10 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit. Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 28, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 22, 2019 to March 28, 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 March 22, 2019 to March 28, 2019. 11 TRANS NBR 379579 379580 379581 379582 379583 379584 379585 379586 379587 379588 379589 379590 379591 379592 379593 379594 379595 379596 379597 379598 379599 379600 379601 379602 379603 379604 379605 379606 379607 379608 379609 379610 379611 379612 379613 379614 379615 379616 379617 379618 379619 379620 379621 3796?2 379623 379624 379625 379626 379627 379628 379629 379630 379631 379632 379633 379634 379635 379636 DATE 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 CHECKS WRITTEN VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS 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 PORT CONSOLIDATED INC TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC PERERS ENTERPRISES INC RICOH USA INC VELDE FORD INC SAFETY PRODUCTS INC AT&T WIRELESS DATA FLOW SYSTEMS INC DELTA SUPPLY CO GRAINGER KELLY TRACTOR CO GAYLORD BROTHERS INC HACI-1 CO CLIFF BERRY INC AMOUNT 11.20 4.17 82.45 48.28 6.75 81.40 239.84 21.32 42.87 22.64 75.39 4.71 87.08 82.05 28.74 91.57 78.55 21.66 51.43 74.25 18.11 34.65 27.66 184.91 64.97 62.51 104.56 114.21 36.21 78.07 54.45 65.50 32.16 47.18 37.84 24.39 53.50 71.75 61.04 40.95 9.81 43.67 62.51 1.129.18 227.50 342.48 1.717.60 268.94 1.148.05 589.40 3,447.55 557.43 450.00 831.87 2.847.08 246.97 1,513.53 99.50 1 TRANS NBR DATE VENDOR AMOUNT 379637 03/28/2019 ALLIED ELECTRONICS INC 2,684.16 379638 03/28/2019 DEEP SIX DIVE SHOP INC 349.90 379639 03/28/2019 SCHULKE BITTLE & STODDARD LLC 5,650.00 379640 03/28/2019 EXPRESS REEL GRINDING INC 350.00 379641 03/28/2019 CITY ELECTRIC SUPPLY 119.32 379642 03/28/2019 CARTER ASSOCIATES. INC 3,093.50 379643 03/28/2019 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 4,200.00 379644 03/28/2019 DELL MARKETING LP 1,751.98 379645 03/28/2019 PETERSEN INDUSTRIES INC 11,088.17 379646 03/28/2019 BAKER & TAYLOR INC 5,833.53 379647 03/28/2019 MIDWEST TAPE LLC 218.58 379648 03/28/2019 K & M ELECTRIC SUPPLY 408.02 379649 03/28/2019 HARRINGTON INDUSTRIAL PLASTICS LLC 1,423.41 379650 03/28/2019 BAKER DISTRIBUTING CO LLC 1,685.92 379651 03/28/2019 PALM TRUCK CENTERS INC 2,131.82 379652 03/28/2019 JIMMYS AIR & REFRIGERATION INC 90.00 379653 03/28/2019 SOFTWARE HARDWARE INTEGRATION 4;630.72 379654 03/28/2019 COMMUNITY ASPHALT CORP 441.78 379655 03/28/2019 INDIAN RIVER COUNTY HEALTH DEPT 2,296.36 379656 03/28/2019 CITY OF VERO BEACH 3,315.75 379657 03/28/2019 INDIAN RIVER ALL FAB INC 45.00 379658 03/28/2019 UNITED PARCEL SERVICE INC 127.83 379659 03/28/2019 FERGUSON ENTERPRISES INC 373.22 379660 03/28/2019 FLORIDA GOVERNMENT FINANCE 36.00 379661 03/28/2019 FLORIDA DEPT OF TRANSPORTATION 2.75 379662 03/28/2019 JANITORIAL DEPOT OF AMERICA INC 691.28 379663 03/28/2019 WAL MART STORES EAST LP 80.61 379664 03/28/2019 ACUSHNET COMPANY 1.369.51 379665 03/28/2019 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 379666 03/28/2019 FLORIDA WATER & POLLUTION CONTROL 30.00 379667 03/28/2019 GEOSYNTEC CONSULTANTS INC 3,925.97 379668 03/28/2019 FEDERAL EXPRESS CORP 118.47 379669 03/28/2019 CITY OF SEBASTIAN 22,640.14 379670 03/28/2019 TIMOTHY ROSE CONTRACTING INC 333,855.25 379671 03/28/2019 FLORIDA POWER AND LIGHT 178,562.95 379672 03/28/2019 FLORIDA POWER AND LIGHT 18.151.78 379673 03/28/2019 PEACE RIVER ELECTRIC COOP INC 244.56 379674 03/28/2019 KENNETH CAMPBELL SENIOR 120.00 379675 03/28/2019 GLOBAL GOLF SALES INC 554.02 379676 03/28/2019 WASTE MANAGEMENT INC 195.187.62 379677 03/28/2019 GOLF VENTURES INC 2,057.76 379678 03/28/2019 COLLEEN D'ANGELO 208.80 379679 03/28/2019 NOTARY PUBLIC UNDERWRITERS INC 105.00 379680 03/28/2019 NOTARY PUBLIC UNDERWRITERS INC 105.00 379681 03/28/2019 NOTARY PUBLIC UNDERWRITERS INC 130.00 379682 03/28/2019 NOTARY PUBLIC UNDERWRITERS INC 130.00 379683 03/28/2019 INTERNATIONAL ASSOCIATION OF 120.00 379684 03/28/2019 ALAN C KAUFFMANN 180.00 379685 03/28/2019 ARNOLD AIR CONDITONING INC 4,444.00 379686 03/28/2019 G K ENVIRONMENTAL INC 5,916.00 379687 03/28/2019 THE FLORIDA BAR 150.00 379688 03/28/2019 GILLESPIE BUILDERS INC 9,435.00 379689 03/28/2019 CHILDRENS HOME SOCIETY OF FL 2,500.00 379690 03/28/2019 CHILDRENS HOME SOCIETY OF FL 3,882.12 379691 03/28/2019 BRIDGESTONE AMERICAS INC 3,412.95 379692 03/28/2019 PERKINS COMPOUNDING PHARMACY 11.99 379693 03/28/2019 RUSSELL PAYNE INC 965.71 379694 03/28/2019 MARTY BRADDY 10.00 379695 03/28/2019 TRANE US INC 522.00 379696 03/28/2019 FLORIDA DEPT OF JUVENILE JUSTICE 25,476.00 TRANS NBR 379697 379698 379699 379700 379701 379702 379703 379704 379705 379706 379707 379708 379709 379710 379711 379712 379713 379714 379715 379716 379717 379718 379719 379720 379721 379722 379723 379724 379725 379726 379727 379728 379729 379730 379731 379732 379733 379734 379735 379736 379737 379738 379739 379740 379741 379742 379743 379744 379745 379746 379747 379748 379749 379750 379751 379752 379753 379754 379755 379756 DATE 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 VENDOR ELECTRONIC ACCESS SPECIALIST SYNAGRO-WWT INC FASTENAL COMPANY THE SHERWIN WILLIAMS CO SOUTHERN JANITOR SUPPLY INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC M.AST.ELLER & MOLER INC ETR LLC HEVERON GROUP INC GLOVER OIL COMPANY INC KARA SCHMIDT CAROLE J MADIGAN PETER OBRYAN GLOBALSTAR USA CHARLES A WALKER GABRIEL ROEDER SMITH& CO REDLANDS CHRISTIAN MIGRANT ASSOC BRIAN FREEMAN FLORIDA SHUTTERS INC THE QUICK FIX NICOLACE MARKETING INC HARTWELL GROVES WINSUPPLY OF VERO BEACH SANDY ARACENA BRENNTAG MID -SOUTH INC AMETEK DREXELBROOK DANELLA CONSTRUCTION CORPORATION OF FL INC KEITH GROCHOLL ORLANDO FREIGHTLINER INC JOSHUA HARVEY GHIZ TIM ZORC TAW ORLANDO SERVICE CENTER INC TAW ORLANDO SERVICE CENTER INC TAW ORLANDO SERVICE CENTER INC LOWES HOME CENTERS INC MUNICIPAL EMERGENCY SERVICES INC ALEX MIKLO BURNETT LIME CO INC SOUTHWIDE INDUSTRIES INC TREASURE COAST TURF INC PENGUIN RANDOM HOUSE LLC CARMEN LEWIS STRAIGHT OAK LLC SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING KATE P COTNER BERNARD EGAN & COMPANY AMERITAS INDUSTRIAL ACCESSORIES MICHAEL LOVEDAY COBRA GOLF INCORPORATED MICHAEL EDWARD HAMILTON SYLIVIA MILLER ANFIELD CONSULTING GROUP INC FLORITURF SOD INC ANDERSEN ANDRE CONSULTING ENGINEERS INC SCRIPPS NP OPERATING LLC SCRIPPS NP OPERATING LLC SCRIPPS NP OPERATING LLC AMOUNT 79.20 72,844.86 218.03 510.25 1,304.09 9,210.00 25.82 995.00 324.66 19.039.00 315.00 350.00 934.50 46.37 189.67 120.00 7,000.00 4,642.85 27.09 194.25 375.99 500.00 205.23 19.85 60.00 12,401.91 1,694.54 1,445.00 120.00 387.11 972.88 26.70 1,235.00 1,338.00 3,426.50 5,228.82 5.730.74 60.00 9,532.60 4,150.08 150.00 278.55 317.00 28.30 123.50 850.00 106.99 10,067.75 27,051.96 2.520.98 199.00 596.05 300.00 1,936.00 10,000.00 80.00 1,684.50 679.80 958.42 1,227.95 3 TRANS NSR 379757 379758 379759 379760 379761 379762 379763 379764 379765 379766 379767 379768 379769 379770 379771 379772 379773 379774 379775 379776 379777 379778 379779 379780 379781 379782 379783 379784 379785 379786 379787 379788 379789 379790 379791 379792 379793 379794 379795 379796 379797 379798 379799 379800 379801 379802 379803 379804 379805 379806 379807 379808 379809 379810 379811 379812 379813 379814 379815 379816 DATE 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 VENDOR CATHEDRAL CORPORATION A GREAT FENCE LLC UNIFIRST CORPORATION CDA SOLUTIONS INC GOTTA GO GREEN ENTERPISES INC ADVANCE STORES COMPANY INCORPORATED RACE TO SAFETY TRAINING LLC EGP DOCUMENT SOLUTIONS LLC NORTH AMERICAN OFFICE SOLUTIONS INC WURTH USA INC MATHESON TRI -GAS INC PEOPLE READY INC BENJAMIN ZIMEI AQSEPTENCE GROUP INC COLE AUTO SUPPLY INC CANON FINANCIAL SERVICES INC TIMOTHY O'CONNELL BETH NOLAN THOMAS R PILIERO RECYCLING ROCKS LLC HARAKH INC TOTAL ADMINISTRATIVE SERVICES CORP ENVIRONMENTAL OPERATING SOLUTION INC GOVDIRECT INC CORE & MAIN LP FLOMOTIONS SYSTEMS INC DIGICERT INC DJD EQUIPMENT HOLDINGS LLC ABISCOM INC DRACAY MANAGEMENT INC STEPHEN STONE JOSEPH LORINO STANTEC CONSULTING SERVICES INC Al ASSETS INC CONCORDANCE HEALTHCARE SOLUTIONS LLC RAMONA MURPHY INVISION DIAGNOSTICS OF FLORIDA LLC BURRIS COMPUTER FORMS AMAZON CAPITAL SERVICES INC HYDRO CONDUIT LLC HYDRO CONDUIT LLC VERONIQUE ORY STURIALE ELLIESE SHAUGHNESSY PIRATE PEST CONTROL LLC KINDERGARTEN READINESS COLLABORATIVE AMERIGAS PROPANE LP AMERIGAS PROPANE LP AMERIGAS PROPANE LP HOPPING GREEN & SAMS PA DAVID MIKE THE HOPE FOR FAMILIES CENTER' INC BENEFIT EXPRESS SERVICES LLC JORDAN POWER EQUIPMENT CORP BRYAN CAVE LEIGHTON PAISNER LLP JAMES ROMANEK JUST SHUTTER IT INC DIOGO LIRA DAVES MEDICAL LLC MC CARTHY VENTURES CHARLIE MC INTOSH AMOUNT 17,868.04 1,890.00 1,802.93 20,282.75 110.40 187.92 539.00 321.79 154.75 119.94 7,191.60 11,603.84 257.00 1,071.07 2,094.26 242.15 138.00 71.00 55.00 200.00 300.00 2,909.62 8,244.74 584.04 2,483.60 515.00 995.00 117,809.50 556.81 4,397.00 120.00 180.00 13,408.00 4.221.27 101.50 69.50 2,268.00 86.96 2,202.18 21,120.00 45,817.76 60.00 350.00 880.00 3,288.31 90.64 211.38 2,380.24 2,511.00 60.00 3,440.48 615.00 1,026.82 59,154.08 60.00 5,896.00 60.00 1,485.00 25.21 436.78 4 TRANS NBR 379817 379818 379819 379820 379821 379822 379823 379824 379825 379826 379827 379828 379829 379830 379831 379832 379833 379834 379835 379836 379837 379838 379839 379840 379841 379842 379843 379844 379845 379846 379847 379848 379849 379850 379851 379852 379853 379854 379855 379856 379857 379858 Grand Total: DATE 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 VENDOR RICKITA SMITH SOUTH LAKES LOA INC CRS PLUMBING LLC DERECK R PRINCE MD NOW MEDICAL CENTERS INC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 150.00 69.97 79.00 160.00 20.00 74.41 131.02 58.42 35.39 59.33 229.61 41.80 23.64 84.49 24.89 79.44 71.00 65.83 85.30 6.21 78.81 286.05 67.65 53.01 32.41 78.55 76.76 78.84 17.99 38.41 70.00 28.30 43.65 35.90 2.57 22.02 46.62 37.97 36.74 4.13 179.57 66.00 1,579,687.58 5 TRANS. NBR 1014736 1014737 1014738 1014739 1014740 1014741 1014742 1014743 1014744 1014745 1014746 1014747 1014748 1014749 1014750 1014751 1014752 1014753 1014754 1014755 1014756 1014757 1014758 1014759 1014760 1014761 1014762 1014763 1014764 1014765 1014766 1014767 1014768 1014769 1014770 1014771 1014772 1014773 1014774 1014775 1014776 1014777 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 03/22/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/2019 03/28/20 19 03/28/2019 03/28/2019 03/28/20.19 03/28/2019 03/28/2019 03/28/2019 VENDOR OFFICE DEPOT. BSD CUSTOMER SVC ADRON FENCE COMPANY INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY DEMCO INC APPLE INDUSTRIAL SUPPLY CO ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC HILL MANUFACTURING CO INC DLT SOLUTIONS LLC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC GREAT SOUTHERN EQUIPMENT CO CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC WRIGHT FASTENER COMPANY LLC HORIZON DISTRIBUTORS INC CM&S INDUSTRIES INC GUARDIAN ALARM OF FLORIDA LLC EFE INC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST POLYDYNE .INC PARKS RENTAL & SALES INC ROBINSON EQUIPMENT COMPANY INC COPYCO INC MIKES GARAGE & WRECKER SERVICE :INC MEEKS PLUMBING INC GROVE WELDERS INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE INC TOTAL TRUCK PARTS INC HD SUPPLY FACILITIES MAINTENANCE LTD PRIDE ENTERPRISES RECHTIEN INTERNATIONAL TRUCKS METRO FIRE PROTECTION SERVICES INC L&L DISTRIBUTORS NEXAIR LLC PACE ANYALYTICAL LLC AMOUNT 4,117.35 5,823.00 359.34 3,775.55 103.05 195.68 392.00 9,973.94 4.09 363.64 1,022.35 567.86 104.30 1,305.92 98.15 169.07 480.00 620.40 3,270.00 125.00 825.00 1,806.03 1,811.05 1,625.63 27.96 2,576.00 281.75 1,336.19 232.98 165.00 1,115.86 176.31 99.00 3,957.52 74.02 184.49 19.50 229.90 445.97 3.707.76 1,428.71 1,493.00 56,490.32 1 TRANS NBR 6648 6649 6650 6651 6652 6653 6654 6655 6656 6657 6658 6659 6660 6661 6662 6663 6664 6665 6666 6667 6668 6669 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/22/2019 03/25/2019 03/25/2019 03/25/2019 03/26/2019 03/26/2019 03/26/2019 03/26/2019 03/26/2019 03/26/2019 03/28/2019 03/28/2019 03/28/2019 VENDOR RX BENEFITS INC KIMLEY HORN & ASSOC INC TOTAL ADMINISTRATIVE SERVICES CORP WRIGHT EXPRESS FSC TEAMSTERS LOCAL UNION #769 NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC 1RC FIRE FIGHTERS ASSOC HUMANE SOCIETY VETERANS COUNCIL OF I R C KIMLEY HORN & ASSOC INC FL SDU IRS -PAYROLL TAXES I R C HEALTH INSURANCE - TRUST WEST HEALTH ADVOCATE SOLUTIONS INC SENIOR RESOURCE ASSOCIATION CHARD SNYDER & ASSOCIATES INC HIGHMARK STOP LOSS BLUE CROSS & BLUE SHIELD OF FLORIDA INC SENIOR RESOURCE ASSOCIATION AMERICAN FAMILY LIFE ASSURANCE CO ALLSTATE AMOUNT 4,659.83 35,000.00 12,182.18 19,254.06 5,294.00 51,323.29 5,115.79 9,789.28 17,470.00 7,972.36 5,075.00 5,715:45 418,412.44 629,762.90 1,471.80 29,239.28 312.00 23,192.10 36.500.00 349,999.58 19.035.20 175.92 1,686,952.46 1 CONSENT: 4/9/2019 Office of g, B. INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingok Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: March 26, 2019 SUBJECT: Resolution Cancelling Taxes on Property Conveyed by GRBK GHO Arabella Reserve, LLC for 58th Avenue Right -Of -Way Pursuant to Developer's Agreement Pursuant to a developer's agreement between Indian River County and GRBK GHO Arabella Reserve, LLC, property has been conveyed to Indian River County for 58th Avenue right-of-way; and a resolution is presented for the purpose of earmarking the public use of the property and cancelling any delinquent or current taxes which may exist on the property. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property conveyed for 58th Avenue right-of- way, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution Attachment to Resolution (Warranty Deed) cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80D6C4F\@BCL@F80D6C4F.doc 19 conveyance of right-of-way along 58th Avenue from GRBK GHO Arabella Reserve, LLC per developer's agreement RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 20 RESOLUTION NO. 2019 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which pursuant to a developer's agreement were conveyed to Indian River County by GRBK GHO Arabella Reserve, LLC for right- of-way along 58th Avenue, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached warranty deed describing lands, recorded in O.R. Book 3192 at Page 1033, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Bob Solari, Chairman Commissioner Susan Adams, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 21 RESOLUTION NO. 2019 - The Chairman thereupon declared the resolution duly passed and adopted this day of April, 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 3 22 3120190016297 RECORDED IN THF RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3192 PG: 1033, 3/19/2019 3:33 PM D DOCTAX PD $0.70 cutouts from Tax Parcel 1.0. Nos. 32-39-21-00001-0120.00001.0; 32-39-21-00001-0120-00003.0; and 32-39-21-00001-0120-00003.3 FTHIS INDENTURE, made this t+h day of March, Z 14 2019 between GRBK GHO ARABELLA RESERVE, LLC, a Florida limited a "" liability company, whose mailing address is 590 NW Mercantile Place, Port St. w u is r Lucie, Florida 34986, hereinafter called GRANTOR, and INDIAN RIVER a a x o COUNTY, a political subdivision of the State of Florida, whose mailing 0 > r r address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter called c GRANTEE. ° a WITNESSETH: Arm Z > u That GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof Is hereby acknowledged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S successors and assigns forever, the following described land, situate, lying and being in Indian River County, Florida: 2 ttZ >. See Exhibit "A" attached hereto and made a part hereof. caro /o GRANTOR does hereby fully warrant the title to the land, and will r`'defend the same against the lawful claims of all persons whomsoever. 1111 o rz Signed, sealed and delivered GRBK GHO A Iw < d0 in the presence of: LLC, a Florid p J� w . company 1 a signature:- aO a printed name: Iq-IC�5-Z, �Leti C,.,� By 4 m Illb William Ha 9 si nature: T printed nam*: 1(, BELLA RESERVE, ited liability , Manager STATE OF FLORIDA COUNTY OF S -S- L.UCLC. The foregoing instrument was acknowledged before me this L4 441 day of MQrCh , 2019, by William Handier, the Manager of GRBK GHO ARABELLA RESERVE, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is personally known to me or has produced as i en I Ica ion. SEAL: KRISTEN DIXON MY COMMISSION #GG115559 EXPIRES: JUN 18, 2021 Bonded through 1st State Insurance NOTARY PUBLIC printe ame: 4V ken DI Xc Commission No.: eleirir5559 Commission Expiration: ,µrl i 81202 23 BK: 3192 PG: 1034 EXHIBIT "A" X20 R/W UNE f 58946'15 E 25.00' 50074'37W 30 00' P.O.B. RiGHT OF WAY DEDICATION #1 W re a BASIS OF BEARINGS S0014'37'W WEST UNE OF SECTION 21 S 0 0, 0 0 5' cv rn rn 0 m 0 0. a. CC LAI J 0 rz H 7 0. 6D' 50074:37'W 792 76 ' P.O.B. 49TH STREETN.W. CORNER OF THE S.W. 21 Y4 OF SECTION 21-32-39 P.O.C. RIGHT OF WAY DEDICATION #2 5894523 " 25 00' N0014'37"E 60.00' 1 II !W J t� I.R.F.W.C.O. SUB -LATERAL 589'46'151T H-2 CANAL r117.21' ��' R/w UNE NORTH LINE OF THE SW 1/4 S4571'29"W 70.87' 1 I 1 1 I 1 t 1 t 1 i 1 1 1 i 1 f 1 MURPHY DEED #876) 2 MURPHY RES 1 S7=°°:1. N89'467 15 W 1 1 II 1 II 1� 1 N89 46'15"W 167.00' n E0 S0014'37"W 32-39-21-1:0001-0120-00001.0 GHO ADDISON RESERVE CORP SITE ADDRESS, 49TH ST ORB. 3076, PG 819 - 10' LICENSE AGREEMENT 32-39-21-00001-0120-000020 CHO ADDISON RESERVE CORP SITE ADDRESS 4810 58114 AVE O.R.B. 3055, PC 1598 32-39-21-00001-0120-00003.1 BROWN, PAULETIE StTE ADDRESS 4740 58114 AVE ORB. 1532, PG 225 589'46'15-E 67.00' SOo14'37"W ,/ 60.00' f 62-39-21-00001-0120-00003.3 1 GH0 ADDISON RESERVE CORP I 0.R8. 3055, PG 2453 10. UCENSE — r- AGREEMENT 32-39-21-00001-0120-00003.0 GHO ADDISON RESERVE CORP O.RB. 3055, PC 245.3 SEC. 21, TWP. 32 S., RANGE 39 E. SURVEYOR'S NOTES 1. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY. NOT A BOUNDARY RETRACEMENT SURVEY. 2. THE BEARING BASE FOR THIS SKETCH REFERENCES THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 21. SAID LINE BEARS SOUTH 0014'37" WEST. 3. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTING DURING REPRODUCTION PROCESSES. LEGEND 411111 OW 4/1/M. O.R.B. P.O.C. P.O.B. PG SEC. TWP RNG R/W P.S.M. RIGHT OF WAY DEDICATION RIGHT OF WAY UNE SECTION UNE UCENSE AGREEMENT LINE OFFICIAL RECORDS BOOK POINT OF COMMENCEMENT POINT OF BEGINNING PAGE SECTION TOWNSHIP RANGE RIGHT OF WAY PROFESSIONAL SURVEYOR AND MAPPER w N E S 0 100' GRAPHIC SCALE REVISED TO ADD UCENSE AGREEMENT 2/14/18 This certifies that a legal description and sketch of the property shown hereon was mode under my supervision and that this legal description and sketch meets the standards of practice set forth by the Florida Board of Professional Surveyors and Moppcs•in, Chapter 5J-17, Florida Administrative Code, pursuant 4o.Sdctipn471.b2,7; Florida Statutes, and ,p that this drawing is a' true ea..oectrole_ rEpprysen oh thereof to the best of my knowledge and b tef. Subjet id,Wotes and notations shown hereon.__'Ct' E.C. DEMETER, P.S.M. NO. -:5129 Q_ tear/,' .0 ; DATE: f=J c' ` Not valid without the sigriadul'@6r14f)thP144 inal.r`oised seal of a Florida Licensed Surveyor and Mapper. ' -• WALE AS NOTED DESIGNED SY D1D DRAWN BY Oro aia¢D 8Y 0CD Kimley>»Horn © 2016 10/LEr-l4 l AND ASSOCIATES. Mc 445 241H STREET. SUITE 200. WERRO BEACH, R 32060 Paola 772-T04-4100 rAR• 772-794-S130 WYMX0LLt7-RORN.COM DATE 2/13/18 PROJECT NO. 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 1 of 2 24 BK: 3192 PG: 1035 Feb 13, 2018 2:05pm by. Oomenic.0urr 0 5 LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #1 A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 89'46'15" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 25.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE OF THE SOUTHWEST 1/4, BEARING SOUTH 0014'37" WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'46'15" EAST, ALONG THE SOUTH LINE OF SUB -LATERAL H-2 CANAL, A DISTANCE OF 117.21 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING SOUTH 45'21'29" WEST, A DISTANCE OF 70.87 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 566.70 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 0014'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY), A DISTANCE OF 616.70 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 42,574 SQUARE FEET OR 0.98 ACRES, OF WHICH 15,417 SQUARE FEET OR 0.35 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. LEGAL DESCRIPTION: RIGHT OF WAY DEDICATION #2 A PORTION OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE, BEARING SOUTH 0014'37" WEST, ALONG THE WEST LINE OF SECTION 21, A DISTANCE OF 792.76 FEET TO A POINT; THENCE, LEAVING SAID WEST LINE OF SECTION 21, BEARING SOUTH 89'45'23" EAST, A DISTANCE OF 25.00 FEET TO THE EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89'46'15" EAST, A DISTANCE OF 67.00 FEET TO A POINT; THENCE, BEARING SOUTH 00'14'37" WEST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE, BEARING NORTH 89'46'15" WEST, A DISTANCE OF 67.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF 58TH AVENUE (KINGS HIGHWAY); THENCE, BEARING NORTH 0014'37" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 4,020 SQUARE FEET OR 0.09 ACRES, OF WHICH 1,500 SQUARE FEET OR 0.03 ACRES, MORE OR LESS, ARE ENCUMBERED BY THE RESERVATIONS CONTAINED IN MURPHY DEED #876. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. SCALE AS NOTED DESIGNED BY DRAIN BY DFD DECKED BY ECD Kimley>» Horn © 2016 KIMLEY-NOWT AND ASSOCIATES. &C. HS 24Th STA= SAE :CGS VEAO SEADM. TL 32860 PHONE: 772-784-4100 T4IL• 772-781-4130 BWBKLMLEY-0000.000 DATE 2/73/18 PROJECT NO. 58th AVENUE RIGHT OF WAY DEDICATION INDIAN RIVER COUNTY, FLORIDA SHEET NUMBER 2 of 2 25 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 04-09-2019 8.C, Date: To: March 05, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Third Amendment to Agreement with First Baptist Church for Shared Parking Lot for Main Library BACKGROUND: On April 11, 1989, the First Baptist Church of Vero Beach, Inc. and the Board of County Commissioners entered into a joint use agreement for a parking lot to be constructed on property owned by the First Baptist Church located north of the Main Library. The approval of that agreement provided for adequate off-street parking to accommodate the construction of the Main Library at its present site. On May 4, 1999, the original Agreement was amended and extended through April 2009. On September 14, 2010, all parties concurred the agreement was beneficial to the church and the county and entered into a second amendment to extend the agreement. DESCRIPTION AND CONDITIONS: The county will continue to maintain the area known as the "north parking lot" in exchange for parking privileges during regular operating hours at the main library. The Church has requested repair of several potholes and build-up of the parking lot around the storm drain. FUNDING: The cost of requested repairs will be nominal and completed by Road & Bridge. No other funding is required for the subject task. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the renewal and authorize the Chairman to sign the "Third Amendment to Agreement between Indian River County and First Baptist Church of Vero Beach, Inc." for the shared parking. ATTACHEMENTS: Third Amendment Second Amendment Amendment to Agreement dated May 11, 1989 Original Agreement Aerial of subject property. APPROVED AGENDA ITEM FOR APRIL 09, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 100EDD79\@BCL@ 100EDD79.doc 26 THIRD AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FIRST BAPTIST CHURCH OF VERO BEACH, INC. FOR SHARED PARKING THIS THIRD AMENDMENT is entered into as of the day of , 2019, by and between Indian River County, a political subdivision of the State of Florida ("County"), and First Baptist Church of Vero Beach, Inc. ("Church"). WHEREAS, County and Church entered into that certain agreement for shared parking, dated April 11, 1989; and WHEREAS, County and Church entered into an amendment to the aforesaid agreement, dated May 4, 1999, which extended the term of the agreement to April 11, 2009 (the agreement and amendment collectively shall be referred to as the "Agreement"); and WHEREAS, County and Church entered into a Second Amendment to the Agreement, dated September 14, 2010, extending the term of the Agreement to April 11, 2019. WHEREAS, County and Church now desire to enter into this Third Amendment to the Agreement, which will extend the term of the Agreement to April 11, 2029. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the County and Church agree, as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Extended Term. The term of the Agreement is hereby extended to April 11, 2029. 3. Remaining Provisions. All remaining provisions of the Agreement not amended herein shall remain in full force and effect. WITNESSES: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: FIRST BAPTIST CHURCH OF VERO BEACH, INC. ! , \ tI By: cA. 1,. Chairman, Board of Trustees BOARD OF COUNTY COMIVIISSIONERS, INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Chairman, Bob Solari Approved by BCC: Approved: Approved as to form and legal sufficiency. Jason E. Brown, County Administrator Dylan Reingold, County Attorney C lUserslind tAppDoWiLacullPacAggadficromft.Aflrn soflEdge 8mayb3d8bbweTempStatelDownloodsIThirdAmemhnentforMain fJbrmy.Chmxh Pkg Lot Agrmt(/).dacr 27 THIRD AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FIRST BAPTIST CHURCH OF VERO BEACH, INC. FOR SHARED PARKING THIS THIRD AMENDMENT is entered into as of the day of , 2019, by and between Indian River County, a political subdivision of the State of Florida ("County"), and First Baptist Church of Vero Beach, Inc. ("Church"). WHEREAS, County and Church entered into that certain agreement for shared parking, dated April 11, 1989; and WHEREAS, County and Church entered into an amendment to the aforesaid agreement, dated May 4, 1999, which extended the term of the agreement to April 11, 2009 (the agreement and amendment collectively shall be referred to as the "Agreement"); and WHEREAS, County and Church entered into a Second Amendment to the Agreement, dated September 14, 2010, extending the term of the Agreement to April 11, 2019. WHEREAS, County and Church now desire to enter into this Third Amendment to the Agreement, which will extend the term of the Agreement to April 11, 2029. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the County and Church agree, as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Extended Term. The term of the Agreement is hereby extended to April 11, 2029. 3. Remaining Provisions. All remaining provisions of the Agreement not amended herein shall remain in full force and effect. WITNESSES:� ./' Print name. jjf,,e52,47b /,��e�—i Print 73,/2 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator FIRST BAPTIST CHURCH OF VERO BEACH, INC. By: �-b L:D aLAALS Chairman, Board of Trustees BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA By: Chairman, Bob Solari Approved by BCC: Approved as to form and legal sufficiency. Dylan Reingold, County Attorney C1Urerr1LJndallppDatalLocaMackagerilf ILMiicrosolEdge Ruekyb3d8bbxxiTempSladAoxnlaadrU7rfrdAn:nu:memforMain Library -Church Pkg LotAgrmt(I).docr 28 SECOND AMENDMENT TO AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FIRST BAPTIST CHURCH OF VERO BEACH, INC. FOR SHARED PARKING TIIIS SECOND AMENDMENT is entered into as of the 14 day of September , 2010, by and between Indian River County, a political subdivision of the State of Florida ("County"), and First Baptist Church of Vero Beach, Inc. ("Church"). WHEREAS, County and Church entered into that certain agreement for shared parking, dated April 11, 1989; and \VHEREAS, County and Church entered into an amendment to the aforesaid agreement, dated May 4, 1999, which extended the term of the agreement to April 11, 2009 (the agreement and amendment collectively shall be referred to as the "Agreement"); and \VIIEREAS, County and Church now desire to enter into this second amendment to the Agreement, which second amendment will extend the term of the Agreement to April 11, 2019. NOW, TIIEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the County and Church agree, as follows: I. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Extended Term. The term of the Agreement is hereby extended to April 11, 2019. 3. Remaining Provisions. All remaining provisions of the Agreement not amended herein shall remain in full force and effect. \VITNESSES: rint name: �nn�z 1—tx."C.h e f Print name: 'JA.ti` r'C'\ 0 Cc\ aS t ATTEST: D.C.• -5;e: Clerk, Jeffrey K. Barton Approved: oseph A. Baird, County y Administrator /c'Mt „,k•.,c• umI.wr,,.r,u,in_;Lova cm..}..r•.,r.,, , two,. FiAliceravot.tlaidotTS0.41/81.7)..thtiq lobrarpektet It l'Ag tia Agr,ou:.1.i...,,oryr,.. FIRST BAPTIST CHURCII OF VERO BEACH, INC. By: Chairman, Board of Ti tees BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY M SSIOP�F" By:/. Chairman, Peter D. O'Bryan Approved by BCC: Fps ..� September 14, 2Q10 Approved as to form am.,legal _ufficiency. s Alan S. Polackwich, Sr.,ounty Attorney 29 ORIGINAL TO AGREEMENT 4 5/7v AMENDMENT.�i BETWEEN INDIAN RIVER COUNTY AND FIRST BAPTIST CHURCH OF VERO BEACH, INC. FOR SHARED PARKING THIS AGREEMENT, entered into this 0 day of,� K5 1999 by and between INDIAN RIVER COUNTY, a political subdivision of the State of F rida (County) and FIRST BAPTIST CHURCH OF VERO BEACH, INC. (Church); WITNES SETH: Whereas, the County and Church entered into an agreement dated April 11, 1989 for shared parking; and Whereas, the Church and County agree that amended terms to the Agreement would be useful: NOW THEREFORE, in consideration of mutual terms, conditions, promised, covenants, and premises hereinafter setforth, the County and Church agree as follows: I Original Agreement The original Agreement dated May 11, 1989 between the County and Church shall govern any provision not specifically amended herein. II Amendments A. The Agreement, shall have a termination date of April 1/ , 2009. B. County shall repave the lot, at its cost, within the first five years of this amendment i..e.,. o..a ',AAA� WITNESSES: As to CC. ade-c STATE OF FLORIDA COUNTY OF INDIAN RIVER FIRST BAPTIST CHURCH OF VERO BEACH, INC. By — / w! �2�i►C;x-t/ Chairman, B : d of Trustees BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By i2 LSI CKairman, Kenneth R. Macht Approved by BCC - 5-641-77 Attest: Clerk, Jeffrey K Barton /SEAL ���•� c ) f day of WITNESS my hand and official seal in -the County and State last aforesaid this 1999. (NOTARY SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Notary Public, State of -Florida at Large. Mxt,Fpmmissio> x ' idy . 4':. MY COMMISSION tt##y 0:7831:02 EXPIRES: t 19 20(5 ,oNOED TRU TROY FAN ,INHCE INC I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Kenneth R. Macht and PATRICIA M. RI DG Weil known to me to be Chairman of the Board of County Commissioners and the .N Clerk of Indian River County, Florida, referred to in the foregoing instrument, and that they severally acknowledged executing the same in the presence of two subscribing witnessed freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. day of WITNESS my hand and official seal in the County and State last aforesaid this , 1999. 1< 4w.v llamill willll!!llll zw,...4,,, 111 ewa) < p' PVo Alice E. White < • , + :: `" Notary Public, State of Florida ; •' < 4.i'y PCommission No. CC576882 > cn«oQM..rn»....:ee:....v�.. noitinnnn > Notary Public, State of Florida - at Large. fl 595569 1 '\ Agreemen.fbc 4/3/89, , AGREEMENT THIS AGREEMENT, entered into this' 11th day of April , 1989, by and between the BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, 1840 25th Street, Vero Beach, Florida 32960 (COUNTY), and FIRST BAPTIST CHURCH OF VERO BEACH, INC., a Florida nonprofit corporation, 2206 16th Avenue, Vero Beach, Florida 32960 (CHURCH), WITNESSETH: That for and in consideration of the mutual covenants con- tained in this Agreement, the COUNTY and the CHURCH agree as follows: 1. The COUNTY and the CHURCH will jointly utilize property described as: Lots 4,;5, 6, 7 and 8, Block 28, City of Vero Beach Subdivision, as recorded in Plat Book 2, Page 12, Public Records of Indian River County, Florida, which lots are owned by the CHURCH, as a parking lot. The COUNTY will normally utilize the above parking lot during the daylight hours during the week, and CHURCH will normally utilize the parking area all day, Sunday and on Wednesday nights, but each party will have the right to use the property for parking at all property for its sole use, then, in that event, the CHURCH may cancel this lease by giving the COUNTY and the CITY OF VERO BEACH at least twelve (12) months' written notice, and if the termina- tion occurs during the first ten years of this lease agreement, the COUNTY shall be reimbursed as follows: Reimbursement = 1 _(Number of years utilized by County) x Construction Cost ( 10 -Year design life Any termination after ten (10) years shall require no reimburse- ment. 6. The COUNTY agrees to hold the CHURCH harmless from any and all claims for damages which may occur as a result of the use by the COUNTY of this parking lot during the time the public .is allowed to use the lot, except for claims which arise out of the sole negligence on the part of the CHURCH. The COUNTY agrees to include the Church as additional insured for all liability for damages for any occurrence on the property. 7. This lease shall be recorded. WITNESSES: FIRST BAPTIST CHURCH OF;VERO ;BEACH, INC. ' "_• / presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official ast aforesaid this 7E-5- day of RIVER seal in the County and State 1989. ota(ry Public, State o'f Florida Large. My commission expires: Public, State of Florida 'dr nm.sslon Expires March 13. 1990 ; .char ouTuoy Fain - Inanroncc. I,u. at I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledg- ments, personally appeared GARY WHEELER and jpffrPy K fl -tnn well known to me to be Chairman of the Board of County Commis- sioners and the Clerk of Indian River County, Florida, referred to in the foregoing instrument, and that they severally acknowl- edged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal last aforesaid this �4 day of (NOTARY SEAL) County and 'State 1989: ........:... .. No -ry `•ublic, State .fl F1okiO at:;: Large. My commission'e, cpir' els t e:• • r... •• ,. ,• . 1.7 rt 9rrttii • in • • NY t':�+'�!.:i?T:9 L°: .'k'J'• 13.1959.'.,,: • fizz'• Location Map - Parcel # 333902 00001028000004.0 Owned by First Baptist Church of Vero Beach, Inc. 0 50 100 200 300 400 Feet Date of Aerial Imagery: December 2008 Map DA69/7/2010 Path: U:1Projects1Administration12010 0907 Votzlmap8x11.mxd INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT 8,D. TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Andy P. Sobczak, Infrastructure Project Manager SUBJECT: Award of Bid No: 2019031 IRC North Reverse Osmosis (RO) Plant Roof Replacement 1 RC -1802 DATE: March 27, 2019 DESCRIPTION AND CONDITIONS The County's North RO Plant building, located at 7751 58th Avenue, consists of the original main building completed in 1995, and a substantial addition completed in 2007. The roofs on both the older and newer sections of the building are original and show signs of advanced wear and failure in localized areas. To address this issue, the Board of County Commissioners approved Work Order No. 5 with REI Engineers, Inc. in the amount of $23,050.00 to design a roof replacement on May 1, 2018. Following REI's completion of design for the new roof, the project was advertised and a bid opening was held on February 14, 2019. Four (4) qualified bids were received for the project, a detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The four successful bidders and their respective bids are as follows: Vero Beach Roofing, Inc. Atlantic Roofing 11 of Vero Beach, Inc. Southern Coatings, Inc. The Roof Authority, Inc. $285,740.00 $321,190.00 $455,000.00 $503,588.00 Vero Beach Roofing, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $285,740.00. This bid is $15,740.00 above the engineer's cost estimate of $270,000.00. Upon checking references, County Staff, in coordination with REI Engineers, Inc. staff, has determined that Vero Beach Roofing, Inc. has successfully completed similar construction projects. FUNDING Funding for the IRC North RO Plant Roof Replacement is available in the R & R Account in the Utilities Operating Fund in the amount of $285,740.00. Operating funds are generated from 37 Page 2 Award of Bid No: 2019031 IRC North RO Plant Roof Replacement April 9, 2019 BCC Meeting water and sewer sales. The account number is 47123536-044699-18506. RECOMMENDATION Staff recommends that the project be awarded to Vero Beach Roofing, Inc. in the amount of $285,740.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR APRIL 9, 2019 F:\Public Works\ENGINEERING DIVISION PROJECTS\1802 IRC North RO Plant Roof Replacement \1-Admin\Agenda Items\Award of Bid\IRC-1802_AOB_20190327.doc 38 Bid No. 2019031/IRC-1802 SAMPLE AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Project involves removal and disposal of the existing roof system (approximately 19,963 square feet) including flashings and sheet metal down to the existing roof deck and provides new PVC roof system long with hs eet metal flashing and acre ss eries re us lting•in a complete, watertight, 20 -year warrantable roof system. I'\\ ,/ ARTICLE 2. THE PROJECT/ The Project for whichlthe W_ _or_k u`nder the described asffollows:___ \,1 Contract Documents may be -the whole or only a part is generally I ,j ! 11 I .Pr`oject,Na J' I'RC,NORTH COUNTY RO PLANT ROOF REPLACEMENT (IRC -1802) Bid Number: 2019031 Project Address: 7751 58TH AVE, VERO BEACH, FLORIDA32967 ARTICLE 3 - CONTRACT TIMES 3.1 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of theAgreement. 3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 120th calendar day after the date when the Contract Times commence to run. Page 24 of 34 39 Bid No. 2019031/IRC-1802 3.3 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $964.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. Fro all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as an exhibit. t� B. THE CONTRACT SU,M subject to additions and deductions provided in the Contract Documents: , , f' ; N. umericallAmount: $, 3 \ \ 1 Written Amount:- - 1 I ! \, 1 ' I �`'\ 'I \ f / t , r t \ I 1 S 'L. L J \J 1-- U ---- -I ARTICLE 5 - PAYMENT PROCEDURES 5.1 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is. attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. Page 25 of 34 40 5.2 Pay Requests. A. Bid No. 2019031/IRC-1802 Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. ( i— 5.3 1 Paragraphs 5.01' and,5 y02 do not apply, to construction services work purchased by the County as OWNER which`are`paid for, in whole or in part, with'federal fund's and are subject to federal grantor laws and regulations or requirements that a'reicontrary to any provision thie local Government Prompt Payment Act. In such' event, payment andretainage provision's shalljbe governed by the applicable_granf requirements and guidelines. 5.4 ,. Acceptan'ce of Final Payment as Release. 'I I , A. The acceptance by the CONTRACTOR of fina payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 – PUBLIC CONSTRUCTION BOND 6.1 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. Page 26 of 34 41 Bid No. 2019031/IRC-1802 B. Such Bond shall continue in effect for one (1) year after acceptance of the Work by theOWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida32960. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and agents, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the otherrelated data identified in the Ihvitation to Bid documents. C /1 f i \ / : ) 1 I CONTRACTOR havisitedvisited the Site and become;familiar with;an'd is satisfied as to the general;_local,-and Site conditions that rmay affect cost, progress; and/performance of the -Work. ----� \ • , \ / r C. CONTRACTOR is familiar with and is satisfied'asto all federal, state, and local Laws and Regulations that may r. a�ffect-cost, progress, and performance of tte Work. / f I \L 4 1• \ ! + i { D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Page 27 of 34 42 Bid No. 2019031/IRC-1802 H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.1 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2018074; (2) CONTRACTOR'S Bid Form (pages 12 to 14, inclusive); (3)-----N, Bid Bond (page 15); /t \ fl 1 (4) Drug Free Workplace Form\(page 16); / // I \\ / 1 (5) Sworn Statement Under Section 105.08, Indian River CountyCode, Relation! hips (,pe); ages 17 to118, inclusiv \ I \ 11/ (6) Bidders,.Qualific tons Q, e'stionnaire (pages 19 to 22. inclusive); } 1 1 \ ,I / (7)J /ListofSubcontrac s (page 23); ' on Disclosure of (8) Plan set follows: Sheets R1, R2. D1 and D2 with each sheet bearing the general title of INDIAN RIVER COUNTY NORTH RO PLANT ROOF REPLACEMENT; (9) Project Manual: PREPARED BY REI ENGINEERS; (10) This Agreement (pages 24 to 32, inclusive); (11) Certificates of Liability Insurance (page 33); (12) Notice to Proceed (page 34); (13) Addenda (if applicable) to ; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s) Page 28 of 34 43 Bid No. 2019031/IRC-1802 ARTICLE 10 - MISCELLANEOUS 10.1 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.2 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives,to the ,/o herp rty hereto, its partners( successors, assigns, and legal_representatives in respect�to_all_covenants, agreements, and o b ligations conta Ped in the Contract Documents \ \ 10.4 Severability 1 '' ' I ! I // A. Any provision or part:oft-he Contract Documents Field to be vo'd or -unenforceable under any Law or Regulation shall be deemed -stricken, and all remainingiprovisions shal continue to be val'd and binding upon OWNER :and CONTRACTOR, who\agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid andrenforceable provis on that comes as close as possible to expressing '— �.: a l_�_ v t._ -J J 1 I the intention of the stricken provision. 10.5 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement Shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.6 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractorshall: (1) Keep and maintain public records required by the County to perform theservice. (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 bylaw. Page 29 of 34 44 Bid No. 2019031/IRC-1802 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS/CONTRACT,--CONTACT THE CUSTODIAN OF PUBLIC RECORDS�AT: {(\tri 1 772) 26-1424 f r ! publicrecords@ircgov.com Indialn River County Office of the County Attorney 18012Th Street / Vero Beach, FL 32960/ 1 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11- TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors, materialmen and/or suppliers on a timely basis. Page 30 of 34 45 Bid No. 2019031/IRC-1802 B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work a-nd immedy cease -ordering iatele ordering of any materials, labor, equipment, facilities;br.,supplies in connection With the performance of this Contract. Upon such termination Contractor shall be entitled to payment only ias follows: (1) the actual cost of thte ,work completed; in conformity with this Contract and the specifications; plus, i i i I, I t 1 1 1i I , (2) such other costs actually incurred by CONTRACTOR as are permittedLby the pr me contract and approved by the OV1/NER\ i / \\ \ \ `` 1 I i Contractor shall not be entitled to any other clam for compensation or damages against the County in the event ouch ter �ination. o \ I ,' 1 ! fit I t !__ [The remainder of this page was left blank intentionally] Page 31 of 34 46 Bid No. 2019031/IRC-1802 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jas n -E -Br wn, County Administrator FORM AND \LEGAL APPROVED AS TO SUFFICIENCY: By: 1 / 1• Dylan Rein,goI 1, County Att lrney I 1) V__\ . Jeffrey R. Smith, Clerk of Court and Comptroller Attest: L. fl _) Attesrt , 1 li Address for giving notices: 1 L License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Richard B. Szpyrka, P.E. Designated Representative: Title: Public Works Director Name: 1801 27th Street Title: Vero Beach, Florida 32960 Address: (772) 226-1379 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 32 of 34 47 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT 8, E► TO: THROUGH: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director William Johnson, P.E., Roadway Production Engineer Utility Work by Highway Contractor Agreement, for Water and Sewer Construction on County Project SR -60 and 43rd Avenue (IRC -0853) DATE: March 27, 2019 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (fka Arcadis, G&M) is under original Agreement signed, May 17, 2005, with Indian River County to provide Civil Engineering and Land Surveying Services for improvements to the SR- 60/43rd Avenue Intersection and the widening of 43rd Avenue from 18th Street to 26th Street. Arcadis US, Inc. is preparing final construction plans for advertisement and has communicated final plans with Utility owners within the project boundary including City of Vero Beach Water and Sewer Department. In an effort to reduce potential utility relocation conflicts and minimize construction delays to the County project, City of Vero Beach Water and Sewer Department has prepared construction drawings to modify its facilities in concert with the County SR 60 & 43rd Avenue project boundary. The City of Vero Beach City Council authorized a 'Utility Work by Highway Contractor Agreement', on March 15, 2019 to allow the County's selected contractor for SR 60 & 43rd Avenue to construct and relocate water and sewer facilities within the project boundary. This Agreement also provides compensation, based upon the Engineer's Probable Cost of Construction Estimate, prepared by the City, in the amount of $1,869,851.61 to the County for all utility relocations per City prepared construction documents. The Engineer's Estimate has been reviewed and accepted by the County's Public Works Engineering Division. The purpose of this Utility Work by Highway Contractor Agreement is to allow the Contractor selected by the County to perform work on City of Vero Beach Water and Sewer facilities within the SR 60 and 43rd Avenue project and mitigate any potential schedule impacts due to utility relocation. This Project is scheduled to start construction in spring/summer 2019. FUNDING The City of Vero Beach will pay the County $1,869,851.61. These funds will be deposited into Optional Sales Revenue/Reimbursements/43rd Ave -18th to 26th Street -Acct# 315038- 369940-06041. The expenses for the project are budgeted in Optional Sales Tax/43rd Ave -18th to 26th Street, Account # 31521441-066510-06041 48 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@180EAF8E\@BCL@180EAF8E.docx Page Two Utility Work by Highway Contractor Agreement BCC Agenda 4/9/2019 RECOMMENDATION Staff recommends the Board of County Commissioners approve the 'Utility Work by Highway Contractor Agreement' for estimated lump sum amount of $1,869,851.61 and requests the Board of County Commissioners authorize the Chairman to execute the 'Utility Work by Highway Contractor Agreement' on their behalf. ATTACHMENTS Utility Work by Highway Contractor Agreement APPROVED AGENDA ITEM FOR APRIL 9, 2019 49 C:\Uses\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 180EAF8E\@BCL@ 180EAF8E.docx INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) Financial Project ID: 431759-2-54-01 Federal Project ID: NIA Financial Project ID: Financial Project ID: Financial Project ID: County: INDIAN RIVER 43rd Avenue & SR 60 District Document No: Utility Agency/Owner: City of Vero Beach, a Florida municipal corporation THIS UTILITY WORK AGREEMENT ("Agreement") is entered into on this day of 2019 by and between the INDIAN RIVER COUNTY PUBLIC WORKS, hereinafter referred to as the "IRC -PW" and CITY OF VERO BEACH, a Florida municipal corporation, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the IRC -PW, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as 43rd Avenue Reconstruction and Widening from 19th Street to 26th Street & SR 60 Widening and milling/resurfacing from 44th Avenue to 38th Avenue, hereinafter referred to as the "Project"; and WHEREAS, the CITY owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" that are either in public right-of-way or otherwise need to be replaced (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the IRC -PW and the CITY desire to enter into this Agreement for the Utility Work to be accomplished by the IRC-PW's contractor as part of Indian River County's construction of the Project; and WHEREAS, the CITY, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; WHEREAS, the CITY has agreed to incur costs with the removal and replacement of said Utility Facilities in order to benefit both parties and the public; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the IRC - PW and the CITY hereby agree as follows: 1. Design of Utility Work a. CITY has prepared, and IRC -PW has reviewed and commented on a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package"). b. The Plans Package are in the same format as the IRC-PW's contract documents for the Project and shall be suitable for reproduction. c. The Plans Package include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and a traffic control plan. d. The Plans Package was prepared in compliance with the Florida Department of Transportation (FDOT) Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 1of10 50 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) time the Plans Package is prepared, and the IRC-PW's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The Parties agree that the technical special provisions which are a part of the Plans Package were prepared in accordance with the IRC-PW's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the 1RC-PW's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the IRC -PW for the Project. f. CITY shall provide a copy of the proposed Plans Package to the IRC -PW, and to such other right of way users as designated by the IRC -PW, for review at the following stages: 100% and Final Plans. Prior to submission of the proposed Plans Package for review at these stages, the CITY shall send the IRC -PW a work progress schedule explaining how the CITY will meet the IRC-PW's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the IRC -PW finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the IRC -PW will notify the CITY in writing of the deficiencies and the CITY will correct the deficiencies and return corrected documents within the time stated in the notice. The IRC-PW's review and approval of the documents shall not relieve the CITY from responsibility for subsequently discovered errors or omissions. h. The IRC -PW shall furnish the CITY such information from the IRC-PW's files as requested by the CITY; however, the CITY shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the IRC -PW shall not relieve the CITY of this obligation nor transfer any of that responsibility to the IRC -PW. J• The Facilities and the Utility Work are located within the limits of the Project as shown on the Project Plans or otherwise exist within right-of-way or on public property. Facilities may be located in easements currently owned by the City on the Dodgertown Property. The City has a permit with Indian River Farms for City facilities located on Indian River Farms right-of-way. The IRC -PW agrees to grant the City any easements for Utility facilities which end up located on County Property, as contemplated by the Sale of the City's Dodgertown Property. If any Facilities located within the Project limits are discovered after work on the project commences to be qualified for relocation at the IRC-PW's expense, but not previously identified as such, the CITY and IRC -PW shall meet and agree to a change order if the cost of relocation exceeds the 10% contingency fund. k. The CITY shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the IRC -PW. 2. Performance of Utility Work a. The IRC -PW shall incorporate the Plans Package into its contract for construction of the Project. b. The IRC -PW shall procure a contract for construction of the Project in accordance with the IRC-PW's requirements. c. If the portion of the bid of the contractor selected by the IRC -PW which is for performance of the Utility Work exceeds the IRC-PW's official estimate for the Utility Work by more than ten percent N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx 51Page 2 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) (10%) and the IRC -PW does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the CITY may elect to have the Utility Work removed from the IRC-PW's contract by notifying the IRC -PW in writing within 60 days from the date that the CITY is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the IRC-PW's contractor. d. If the CITY elects to remove the Utility Work from the IRC-PW's contract in accordance with Subparagraph 2. c., the CITY shall perform the Utility in accordance with the contingency relocation schedule which is a part of the Plans Package. The CITY shall proceed immediately with the Utility Work so as to cause no delay to the IRC -PW or the IRC-PW's contractor in constructing the Project. e. The CITY shall perform all engineering inspection, testing, and monitoring of the Utility Work to ensure that it is properly performed in accordance with the Plans Package, except for the following activities: NONE and will furnish the IRC -PW with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by IRC - PW procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the CITY in accordance with Subparagraph 2. e., the IRC -PW will perform all contract administration for its construction contract. g. The CITY shall fully cooperate with the IRC -PW and the IRC-PW's contractor in all matters relating to the performance of the Utility Work. h. The IRC-PW's engineer has full authority over the Project and the CITY shall be responsible for coordinating and cooperating with the IRC-PW's engineer. In so doing, the CITY shall make such adjustments and changes in the Plans Package as the IRC-PW's engineer shall determine are necessary for the prosecution of the Project. The CITY shall not make any changes to the Plans Package after the date on which the IRC-PW's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the IRC-PW's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the IRC -PW. 3. Cost of Utility Work a. The CITY shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the IRC-PW's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the IRC -PW. The CITY shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the CITY pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $ 1,869,851.61, as may be amended. At such time as the IRC -PW prepares its official estimate, the IRC -PW shall notify the CITY of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the CITY shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the IRC -PW to the cost of the Utility Work, or to elect to have the Utility Work removed from the IRC-PW's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. c. At least 14 (Fourteen ) calendar days prior to the date on which the IRC -PW advertises the Project for bids, the CITY will pay to the IRC -PW an amount equal to the IRC-PW's official estimate; plus 11 % for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx 52Page 3 of 10 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): directly to the IRC -PW for deposit into Indian River County Finance Division Account. ❑ none. e. If the portion of the contractor's bid selected by the IRC -PW for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding IRC -PW participation in the cost of the Utility Work and the CITY's election to remove the Utility Work from the Project, the CITY shall, within fourteen (14) calendar days from notification from the IRC -PW or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the IRC -PW to bring the total amount paid to the total obligation of the CITY for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The IRC -PW will notify the CITY as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the IRC -PW to so notify the CITY shall not relieve the CITY from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the CITY is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the CITY is obligated to pay does not exceed the Contingency Fund already on deposit, the CITY shall have sixty (60) calendar days from notification from the IRC -PW to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the IRC -PW will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the CITY in writing and approved by the Comptroller of the IRC -PW or his designee. g. Should contract modifications occur that increase the CITY's share of total project costs, the CITY will be notified by the IRC -PW accordingly. The CITY agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the IRC -PW is sufficient to fully fund its share of the project costs. The IRC -PW shall notify the CITY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the IRC -PW to so notify the CITY shall not relieve the CITY from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The IRC -PW may use the funds paid by the CITY for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the IRC -PW will obtain the written concurrence of the City Council or the City Manager or his designee, as applicable. The City shall respond immediately to all requests for written concurrence. If the City refuses to provide written concurrence promptly and the IRC -PW determines that the work is necessary, the IRC -PW may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the CITY shall, within fourteen (14) calendar days from notification from the IRC -PW, pay to the IRC -PW an additional 10% of the total obligation of the CITY for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the IRC -PW intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the Project. The CITY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 4 of 10 53 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the IRC -PW to the CITY in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the CITY will pay the additional amount within forty (40) calendar days from the date of the invoice. The CITY agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against CITY a. The CITY shall be responsible for all costs incurred as a result of any delay to the IRC -PW or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the CITY to properly perform its obligations under this Agreement in a timely manner. b. In the event the IRC-PW's contractor provides a notice of intent to make a claim against the IRC - PW relating to the Utility Work, the IRC -PW will notify the CITY of the notice of intent and the CITY will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. In the event the IRC-PW's contractor makes any claim against the IRC -PW relating to the Utility Work, the IRC -PW will notify the CITY of the claim and the CITY will cooperate with the IRC -PW in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the CITY and the IRC-PW's contractor shall be in writing, shall be subject to written IRC -PW concurrence and shall specify the extent to which it resolves the claim against the IRC -PW. d. The IRC -PW may withhold payment of surplus funds to the CITY until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the IRC -PW to the IRC-PW's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service after the date of this Agreement unless specifically identified as such in the Plans or as otherwise agreed by the parties. The following terms and conditions shall apply to Facilities placed Out -of -Service: a. The CITY acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The IRC -PW agrees to allow the CITY to leave the out of service Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the CITY. In the event of a breach of this Agreement by the CITY, the Facilities shall be removed upon demand from the IRC -PW in accordance with the provisions of Subparagraph e. below. c. The CITY shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the CITY to use due care in its dealings with others. The CITY shall be solely responsible for gathering all information necessary to meet these obligations. d. The CITY shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the IRC -PW or other permittees using or seeking use of the right of way. e. The CITY shall remove the Facilities at the request of the IRC -PW in the event that the IRC -PW determines that removal is necessary for IRC -PW use of the right of way or in the event that the N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 5 of 10 54 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) IRC -PW determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the CITY and without any right of the CITY to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the IRC-PW's notice to remove. In the event that the CITY fails to perform the removal properly within the specified time, the IRC -PW may proceed to perform the removal at the CITY's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the CITY agrees that City Facilities shall forever remain the legal and financial responsibility of the CITY. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the CITY to indemnify the IRC - PW for the IRC-PW's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the CITY. 6. Default a. In the event that the CITY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the IRC -PW may exercise one or more of the following options, provided that at no time shall the IRC -PW be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from IRC -PW. (2) Pursue a claim for damages suffered by the IRC -PW. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by IRC -PW to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the IRC -PW or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by IRC -PW to third parties. (5) Suspend the issuance of further permits to the CITY for the placement of Facilities on IRC - PW property if the breach is material and has not been cured within sixty (60) days from written notice thereof from IRC -PW. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the IRC -PW breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the CITY may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the CITY. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the CITY may have for failure to pay invoices. N:\Client Docs\Water & Sewer\Water & Sewer Utility Relocation Agreement 2019.2.26.docx Page 6 of 10 55 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the CITY nor the IRC -PW shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Sovereign Immunity/Claims Nothing in this Agreement or any other contract documents shall be deemed to affect the rights, privileges, and immunities of the City as set forth in § 768.28, Florida Statutes, nor shall be a waiver of City's sovereign immunity, whether by contract or by law. The City's liability in all instances shall be limited to the monetary amounts set forth in § 768.28, Florida Statutes. When the IRC -PW receives a notice of claim for damages that may have been caused by the CITY in the performance of services required under this Agreement, the IRC -PW will immediately forward the claim to the CITY. The CITY and the IRC -PW will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the IRC -PW will determine whether to require the participation of the CITY in the defense of the claim or to require the CITY to defend the IRC -PW in such claim as described in this section. The IRC-PW's failure to notify the CITY of a claim shall not release the CITY from any of the requirements of this section. The IRC -PW and the CITY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The CITY shall not be obligated to protect or maintain any of the Facilities to the extent the IRC- PW's contractor has that obligation as part of the Utility Work pursuant to the IRC-PW's specifications. c. The IRC -PW may unilaterally cancel this Agreement for refusal by the CITY 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 CITY in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the IRC -PW has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt Page 7 of 10 56 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) is provided. The CITY shall have a continuing obligation to notify each District of the IRC -PW of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the CITY: Rob Bolton, P.E. If to the IRC -PW: Indian River County Public Works IN WITNESS WHEREOF, the County has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. SIGNATURE PAGES FOLLOW Page 8 of 10 57 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) ATTEST: JEFFREY R. SMITH INDIAN RIVER COUNTY, FLORIDA Clerk of Circuit Court and Comptroller By its Board of County Commissioners By: By: Deputy Clerk Name: BOB SOLARI Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY (Official Seal) By: WILLIAM K. DEBRAAL Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2019, by BOB SOLARI, Chairman, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 9 of 10 58 INDIAN RIVER COUNTY PUBLIC WORKS UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Mayor or Vice -Mayor the day and year aforesaid. ATTEST: Y- - 614J7 Tammy Bursi City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a Florida municipal corporation fS The foregoing instrument was acknowledged before me this /S day of MGY--t CLi 201 ! , by Zu0ans as Mayor, who is personall own to me or who has produced as identification. /Oaks SHERRI PHILO MY COMMISSION # GG 018401 • EXPIRES: December 3, 2020 F q;' Bonded Thru Notary Public Underwriters Print Name: e.e_,e, ' ;c...) Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Kira C. Honse Interim City Attorney Approved as to budget sufficiency: ng to municipal policy: City Manager Approved as to technical rgquirements: nthia D. Lawson Robert J. Bol n Finance Director Water and Sewer Director Page 10 of 10 59 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT 8 P� TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: William Johnson P.E., Roadway Production Engineer SUBJECT: Award of Bid No. 2019025 Old Dixie Highway and Highland Drive Intersection Improvements (IRC -1362) DATE: March 25, 2019 DESCRIPTION AND CONDITIONS On March 7th, 2017, the Board of County Commissioners approved the Continuing Contract for Professional Services Work Order No. 4 with MBV Engineering, Inc. for design of Old Dixie Highway and Highland Drive Intersection Improvements which included milling and resurfacing, striping, overhead signal beacon system design (consisting of concrete poles, span wires and lights), roadside swale grading, culverts, drainage, sidewalk and pedestrian ramp upgrades within the County right-of-way. On May 22, 2018, the Board of County Commissioners approved the Continuing Contract for professional Services Work Order No. 1 with MBV Engineering, Inc. The improvements included the replacement of water mains within the OId Dixie Highway and Highland Drive Intersection Improvement project boundary. Bids for the OId Dixie Highway and Highland Drive Intersection Improvement project were solicited on February 10, 2019, with 373 subscribers notified by Demandstar, 151 subscribers notified by Vendor Registry, and 28 firms ultimately obtaining the bid documents for review. Bids were opened on March 13th, 2019, with one bid received. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Timothy Rose Contracting, Inc. Vero Beach, Florida $415,984.32 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $415,984.32. Timothy Rose Contracting, Inc. bid was above the Engineer's Estimate of $414,183.84. Timothy Rose Contracting, Inc. has successfully completed numerous roadway, drainage and utility improvement construction projects within the State of Florida for local municipalities, including Indian River County. FUNDING Timothy Rose Contracting, Inc. bid for this project was $415,984.32. Funding is available in Account No. 10215341-066510-16013, Traffic Impact Fees/District 3/OId Dixie/Highland Intersection in the amount $271,220.12 and Account No. 471-169000-18522 Utilities/WIP/WM Replace OId Dixie & Highlands in the amount $144,764.20 for a total of $415,984.32. 60 Page 2 of 2 Award of Bid 2019025 BCC Agenda Item for April 9`h, 2019 RECOMMENDATION Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the amount of$415,984.32. Staff further recommends the Board authorize the Chairman to execute the agreement upon review and approval of both the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENT Sample Agreement APPROVED AGENDA ITEM FOR APRIL 9th, 2019 61 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AOODAAFD\@BCL@AOODAAFD.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT 2 KARTICLE 3 - ENGINEER \ 2 ARTICLE 4 - CONTRACT TIMES 2 7 --ARTICLE 5 - CONTRACT PRICE \ r �/ 3 \ // ARTICLE 6 -PAYMENT PROCEDURES\ / 3 \ r \\ ARTICLE 7 - INDEMNIFICATION (\\. ARTICLE 8 - CONTRACTOR'S REPRESENTATI NS`s 5 6 5 ARTICLE 9 - CONTRACT DOCUMENTS ARTICLE 10 - MISCELLANEOUS` [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) @BCL@B80DA909 00520 -1 C:\Users\iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80DA909\@BCL@B8ODA909.doc 7 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK ��� 1.01 CONTRACTOR shall complete all Work as -.specified o Vindicated in the Contract Documents. The Work is generally described as f ollp s: The proposed improvements to'the Old Dixie Highway and�Highland Drive intersection will consist of reconstructing the roadway utlizing full depth reclamation, structural asphalt, surface asphalt, curb\and guttedrainage�mp ovements, sidewalk upgrades, sodding, pavement markings and water main improvements. ARTICLE 2 - THE PROJECT 2.01 The Project for which.the Work under the Contract,Dbcuments may be the whole or only a part is generally described-asfollows: Project Name: 'OLD. DIXIE -HIGHWAY AND HIGHLAND DRIVE INTERSECTION IMPROVEMENTS Count ty roject Number: IRC -1362 Bid Number.: 2019025\\ Project Address: OLD DIXIE HIGHWAY AND HIGHLAND DRIVE, VERO BEACH, FLORIDA 32967 ARTICLE 3 — ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWrJER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the compl tion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150T" calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the @BCL@B80DA909.62p 00520 - 2 C:\Use rsU e g i s to r\Ap p Da to \Local \Temp\BCL Technologies \ea syP D F 8\@BCL@ B80 DA909\@ BC L@880 DA909. d oc General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180TH calendar day after the date when the Contract Times commence to run. ************************************************************************************************************ 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense', and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER.if'the Work -is not completed on time. Accordingly, instead of requiring any such proof,\OW,NERRand CONTRACTOR agree that as liquidated damages for delay (but not as a penIty),'CONTRACTOR shall y pay OWNER $1,099.00 for each calendar da\that expires after\the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, o`fail-to complete the remaining Work within the Contract'Time or any proper\extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,099.00 for each calendar day that expires after the time specified in paragraph 4�02�for completion and .reatline's for final payment until the Work is completed and ready for final.payment.% ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay C NTRACTOR for completion of. the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to,paragraph-graphsummarized in paragraph 5.01.B, below: A. For all Work, t the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to,additions and deductions provided in the Contract:: -� \\ 2,_\\) Numerical Arno n : % �. Written Amon t:\\ ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent @BCL@B80DA90964 00520 - 3 C:\UsersV egi startApp Data\Loca I\Temp\BCL Technologies\easyPDF 8\@BCL@ B80 DA909\@BCL@B80 DA909.doc (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents: 6.03 Pay Requests. A. Each request for a progress payment shall be submittedfon the application for payment form supplied by OWNER and the application forpayment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established or in the case of unit price work based -on the number of units completed. After fifty percent (50%) completion/ and pursuant ''to Florida Statutes section 218.735(8)(d), the CONTRACTOR may\submit pay request to the County as OWNER for up to one half (1/2) of the retainage held byAlhe,County as OWNER, and the County as OWNER shall pptly make payment to the CONTRACTOR unless such amounts areAhrome\subject of/6 good faith dispute; the subject of a claim pursuant to Florida Statutes section,255.05; or otherwise the subject of a claim or demand by the \County\as 0)1‘,/AER or the CONTRACTOR. The CONTRACTOR acknowledges that where`such retainage is attributable to the labor, serviceor,materials `supplied.by'one or more subcontractors or suppliers, the Contractor, remit `payment of such retainage to those subcontractors and suppiiers.Rursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER.shallreceive\immediate written notice of all decisions made by CONTRACTOR to withhold'retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek releasezfromthe-County as OWNER of the withheld retainage until the final pay request. ,� 6.04 Paragraphs-6.02'and\6.03 do not apply to construction services work purchased by the County as OWNER which'are‘p'aid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local GovernmentcP_rompt'Payment Act. In such event, payment and retainage provisions shall be governed by the'applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. @BCL@B8ODA909. 00520 - 4 C:\Users'Jeg ista r\AppDatatocal\Temp\BC L Technologies \easyPDF 8\@BCL@ B80DA909\@BCL@B80DA909. doc ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, prog es and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as�to`all federal, state and local Laws and Regulations that may affect cost, progress, and-peerrformance of the Wk/ or D. CONTRACTOR has carefully studied all (1ti) reports\of\explorations and tests of subsurface conditions at or contiguous\tithe Site and all drawings ofjphysical conditions in or relating to existing surfce\or sutisurface1structures attor,contiguous to the Site (except Underground Facilities)�which liave been identified in the Supplementary Conditions as provided in paragrraph4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition"if any, at the Site which have been identified in the Supplementary Conditionsas,provided\ in paragraph 4.06 of the General Conditions. \\:\.\ E. CONTRACTOR has obtained and.carefully studied (or assumes responsibility for having done so) all additional or sop`plementarye xaminations, investigations, explorations, tests, studies, and data -.concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous` to the Site which` may affect cost, progress, or performance of the Work or which relate to any aspect of\the means, methods, techniques, sequences, and pirocedures of constructionito,be) employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly -required by\the Contract Documents to be employed by CONTRACTOR, and safety_precautions and programs incident thereto F. CONTRACTOR(does not consider that any further examinations, investigations, explorations,_tests,/'studies, or data are necessary for the performance of the Work at the Contract Price, -within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. @BCL@B80DA90966 00520 - 5 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B8ODA909\@BCL@B80DA909.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusi); 4. Sample Certificate of Liability Insuranc pae ges00620 1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-3, inclusive); \ \\\ 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor &'-Mappers Certification as to Elevations and Locations of the Work (page )00634-1 ; 9. General`nditions (pa�00700`1,to 00700-45, inclusive); 10. Supplementary Conditions (pages,00800-i to 00800-11, inclusive); 11:Specifications asflisted in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12'Drawings-consisting of a cover sheet and sheets numbered C-1 through C-31, inclusive, with each -sheet bearing the following general title: OLD DIXIE HIGHWAY AND HIGHLAND DRIVE INTERSECTION IMPROVEMENTS; 13. Addenda -(if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A - Permits Appendix B - Indian River County Fertilizer Ordinances Appendix C - Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. Bid Bond (page 00430-1), 17. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), @BCL@E380DA909.667 00520 - 6 C:\Users\I egista MppData\Coca I\Temp\BCL Technologies\easyPDF 8\@BCL@ B80 DA909\@BCL@ B80DA909. doc 18. List of Subcontractors (page 00458-1); 19. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 20. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued ondor after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Ag Bement will have the ieeanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on'anoth-e` party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may, not be sa signed without such consent (except to the extent that the effect of this restriction.may.b7limited by law), and unless specifically stated to the contrary in any written'consent to an assignment, no assignment will release or discharge the`assignor-from anyduty or responsibility under the Contract Documents. 10.03 Successors and Assigns/ A. OWNER a_CONT ndRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. @BCL@B80DA909.68 00520 - 7 C:\UsersVegistaMppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80DA909\@BCL@B80DA909.doc 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the Countyto perform the service. (2) Upon request from the County's Custodian of Public Reeds, provide the County with a copy of the requested records or allow the records to be ihspected or copied within a reasonable time at a cost that does not exceed the cost providedcin Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are ex me of r confidential and exempt from public records disclosure requirements are not (disclosed except as authorized by law for the duration of the contract term and following completion ;of the contract if the contractor does not transfer the records to the County: (4) Upon completion of the contract, ransfer, at'nocost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. (If the�ontractor\ ransfers all public records to the County upon completion of the contract\the Contractor shall`destroy any duplicate public records that are exempt or confidential and exempt- from\public\records disclosure requirements. If the contractor keeps and maintains pubIic��records upon completion of the contract, the Contractor shall `mee`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,Nin'a format -that isocompatible with the information technology systems of the( C \\,\\2/-) // B. �F THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION\OF`CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORiS,DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS ATV (772) 226-1424 publicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@B80DA909.9 00520 - 8 C:\Users'Jeg ista r\App Data\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ B80 DA909\@BCL@B80DA909. doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: </ Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: \\\ Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Courtand 'Comptroller Attest: Att std \ \\//) \y \\\\ Address for giving notices: Deputy Clerk (r (SEALyfl Designated Representative: / Name: James W: -Ennis, Pl.E.\PMP Title: Assistant,Public-WorkssDI'rector 1801 27th Street 1 1 �% Vero Beach, Florida 32960 ) (772) 226-1221 Facsimile: (772) 778-9391 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION ** @BCL@B80DA909.'O 00520 - 9 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B80DA909\@BCL@B80DA909.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT Ge TO: THROUGH: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Asst. Public Works Director William Johnson, P.E., Roadway Production Engineer Work Order No. 8, Kimley-Horn & Associates, Inc. 69th Street Milling and Resurfacing from 66th Avenue to U.S. Highway 1 (IRC -1639) DATE: March 27, 2019 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. The purpose of Work Order No. 8 is to improve the safety and operation of 69th Street from 66th Avenue to U.S. Highway 1 by providing design and permitting services for rehabilitating the existing roadway through the full depth reclamation of the existing roadway, widening the shoulders to accommodate bike lanes, update sidewalks with ADA compliant ramps, make associated drainage improvements, and provide for a compliant pavement markings and associated roadway signage. The length of roadway within the project area is approximately 8,100 LF. Work Order No. 8 is for a total lump sum amount of $186,335.00. This is an FDOT approved Small County Outreach Program (SCOP) project, FM No. 438073-1-54-01. The SCOP Grant, will provide up to 75% funding of the construction cost of the project and construction engineering inspection (CEI) services in F.D.O.T fiscal year 20-21. The County will be responsible forfunding the remaining 25% of the construction costs. The Engineering costs are not included in the SCOP grant and will be funded with Secondary Roads (Gas Tax). FUNDING Funding is budgeted and available from Secondary Roads/Account No. 10921441-053360-19003/69th Street Repaving/66th Ave to US Highway 1 in the amount of $186,335.00. RECOMMENDATION Staff recommends approval of Work Order No. 8 to Kimley-Horn & Associates, Inc., authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board authorize the Chairman to execute Work Order No. 8 on their behalf for a total lump sum amount of $186,335.00. ATTACHMENTS Work Order No. 8 AGENDA ITEM FOR APRIL 09, 2019 71 C:\Users\1egistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@980DC7FF\@BCL@980DC7FF.doc WORK ORDER NUMBER 8 69TH STREET MILLING & RESURFACING PROJECT Project Number: IRC -1639 This Work Order Number 8 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A — SCOPE OF WORK The COUNTY desires to retain Consultant services to develop construction documents and obtain jurisdictional approvals to rehabilitate the existing 69th Street roadway pavement between 66th Avenue and U.S. Highway 1, approximately 2.5 miles. Pavement rehabilitation will be achieved by using full depth reclamation of the existing pavement section materials and constructing a surface course consisting of superpave asphaltic concrete. In addition to designing the full depth reclamation, paved shoulders will be added to provide for bike lanes along the corridor. The County agrees to provide the design topographic corridor survey and geotechnical investigation necessary to design the contemplated improvements. A. Roadway Plans: Roadway set of plans shall consist of the following: 1iPage 72 Work Order No. 8 69th Street Milling & Resurfacing Project Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. Page 2 of 7 73 40% 80% 100% Cover Sheet P S F Summary of Pay Items P S F Drainage Maps P S F Typical Sections P S F Summary of Quantities & General Notes P S F Project Layout P S F Plan and Profile Sheets (40 scale) P S F Special Details P S F Roadway Soil Survey P S F Cross Sections at 100 ft intervals P S F Stormwater Pollution Prevention Plans P S F Signing & Pavement Marking Plans (40 scale double plan) P S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. Page 2 of 7 73 Work Order No. 8 69th Street Milling & Resurfacing Project 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: i. Three (3) Sets Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. B. Drainage Design and Permitting: The Consultant will perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY, St. Johns River Florida Water Management District (SJRWMD), Indian River Farms Water Control District (IRFWCD) and U.S. Army Corps of Engineers (ACOE) design criteria. 1. The Consultant will submit a permit applications to the SJRWMD, IRFWCD and ACOE to support the proposed improvements. 2. A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with Page 3 of 7 74 Work Order No. 8 69th Street Milling & Resurfacing Project this project. The site specific SW3P is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. 4. All permit fees will be paid directly by the COUNTY and are not included in the lump sum fees. C. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. D. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility operator, will be requested by the Consultant and reflected within the prepared construction documents. Page 4 of 7 75 Work Order No. 8 69th Street Milling & Resurfacing Project EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Roadway Plans $ 149,655 Drainage Design and Permitting $ 11,180 Signing and Pavement Marking Plans $ 13,540 Franchise Utility Coordination $ 11,960 Total Project $ 186,335 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 7 76 Work Order No. 8 69th Street Milling & Resurfacing Project EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Initial Submittal (40% Design Drawings) Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) 5 months following NTP 7 months following NTP 9 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 of 7 77 Work Order No. 8 69th Street Milling & Resurfacing Project The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. By: Title: Principal By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Page 7 of 7 78 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E, PMP, Assistant Public Works Director FROM: Kirstin Leiendecker, P.E., Project Engineer SUBJECT: Award of Bid No: 2019035 Wabasso Causeway Fishing Pier Demolition Project IRC -1712 DATE: March 28, 2019 DESCRIPTION AND CONDITIONS The Wabasso Fishing Pier was significantly impacted by the passing of Hurricane Matthew in early October 2016, causing approximately 400 LF of the Pier superstructure to be displaced from its substructure and deposited into the Indian River Lagoon south of its previous location. The current status of the fishing pier causes potential navigation hazards as well as a threat to the surrounding CR 510 Causeway. To address this issue, the Board of County Commissioners approved Work Order No. 6 with Atkins North America Inc. in the amount of $88,932.00 for professional services (Phase 2) for permitting, construction plans, bidding, and construction services on December 12, 2017. This project consists of the demolition and disposal of the existing Wabasso Causeway Fishing Pier, approach sidewalks and associated debris. The entire pier and support structure, which is in two sections and is approximately 1000 feet long, will be removed and placed at a permitted offshore artificial reef site. Following Atkins North America, Inc. completion of design for the demolition of the pier, the project was advertised and a bid opening was held on March 28, 2019. Three (3) qualified bids were received for the project. A detailed tabulation of the bids is on file and available for viewing in the County Engineering Division. The three successful bidders and their respective bids are as follows: Underwater Engineering Services, Inc. Brother's Construction, Inc. Rush Marine, LLC $ 944,824.00 $ 951,300.00 $1,586,639.08* *Denotes mathematical errors were found and bid amount was corrected. 79 Page 2 Award of Bid No: 2019035 Wabasso Causeway Fishing Pier Demolition Project April 9, 2019 BCC Meeting Underwater Engineering Services, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $944,824.00. This bid is below the engineer's cost estimate of $1,614,300.00. Upon checking references, County Staff, in coordination with Atkins North America, Inc. has determined that Underwater Engineering Services, Inc. has successfully completed similar construction projects. FUNDING Funding for the Wabasso Causeway Fishing Pier Demolition Project is available from the Florida Boating Improvement Fund, Hurricane Matthew Account No. 13321072-033490-17001. Insurance proceeds have been received and a budget amendment will fund the $944,824.00 project cost. RECOMMENDATION Staff recommends that the project be awarded to Underwater Engineering Services, Inc. in the amount of $944,824.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement APPROVED AGENDA ITEM FOR APRIL 9, 2019 80 C:\Users\Iegista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@500E94B9\@BCL@500E94B9.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT / / 2 ARTICLE 3 - ARTICLE 4 - ARTICLE 5 - ARTICLE 6 - ARTICLE 7 - ARTICLE 8 - ARTICLE 9 - ARTICLE 10 ENGINEER CONTRACT TIMES CONTRACT PRICE PAYMENT PROCEDURES 2 ,\.\\\:// 3 \\\\// \.\\ INDEMNIFICATION 5 CONTRACTOR'S REPRESENTATIONS 5 3 CONTRACIDOCUMENTS\ 6 - MISCELLANEOUS 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) @BCL@300EB6FF.1 00520 -1 C:\UsersVegistaMppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300E86FF.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as pecified or indicated in the Contract Documents. The Work is generally described as follows: The project consists of the demolition and disposal of theexisting Wabasso Causeway Fishing Pier, approach sidewalks and associated debris. The pier was severely damaged during Hurricane Matthew in 2016, with eighwt,sections displace'dfnd'laying at the river bottom. The entire pier and suppoit structu e; which is approximately 1000 feet long will be removed and placed at a permittecio shore artificial reef site. 2.01 The Project for which,the Work•under the Contract Documents may be the whole or only a part is generally describ e 'as follows: N) Project\Name: WABASSO CAUSEWAY FISHING PIER DEMOLITION PROJECT County Project Number: IRC -1712 Bid Number' 201903 Project Address 31`05.Wabasso Bridge Road Vero Beach, Florida 32967 ARTICLE 2 - THE PROJECT ARTICLE.3 — ENGINEER 3.01 The Indian River)Cbunty Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights an authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment @BCL@300EB6FFS2 00520 - 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300EB6FF.doc A. The Work will be substantially completed on or before the 60th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 90th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damagesill commence for this portion of work. The parties also recognize the delays, expense, and' difficulties involved in proving in a legal proceeding the actual loss suffered by/OWNER if the,Work'is not completed on time. Accordingly, instead of requiring any such\proof, OWNER\and CONTRACTOR agree that as liquidated damages for delay (but notas a penalty);\CONTRACtOR shall pay OWNER $1,665.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion -Until the Work''is substantially -complete. After Substantial Completion, if CONTRACTOR shall neglect refuse, or fail to complete the remaining Work within the Contract Time or any'proper `extension'thereof granted by OWNER, CONTRACTOR shall pay OWNER`$1;665.00 for each,calendar day that expires after the time specified in parargr'ap4 02 for completion and readiness for final payment until the Work is completed and ready for4final payment. ARTICLE 5 - CONTRACT(PRICE 5.01 OWNER shall payCONT k CTOR�fb,r'completion of the Work in accordance with the m Contract Docuents, an amount -an current funds equal to the sum of the amounts determined pursuant to paragraph 5.01A and summarized in paragraph 5.01.B, below: A. For all Work, `at'the j5 -rices in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subjeadditions and deductions provided in the Contract: Numerical Amount: $ Written Amount ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. @BCL©300EB6FF821 00520 - 3 C:\UsersU egi star\App Data\Local\Temp\BC L Technologies \ea syPD F 8\@ BC L@300EB6 FF\@BCL@300 EB6FF.doc A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together.with all costs associated with existing change orders and other additions ormoidifications to the construction services work provided under the Contract Documents. 7 6.03 Pay Requests. A. Each request for a progress payment -shall 'beisubmitted onhe'application for payment form supplied by OWNER -and the application for payment shall contain the CONTRACTOR'S certification. All progresspayments withbe on the basis of progress of the work measured by the schedule of\values established, or in the case of unit price work based on theInumber of units completed. After fifty percent (50%) completions and\pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR maysubmit a pay request to the County as OWNER for up to one half (1/2) of,the retainage held by the County as OWNER, and the Coun'tylas OWNER\shall`promptly'rnake payment to the CONTRACTOR unless such \amounts are the subject of a good faith dispute; the subject of a claim pursuant\toFlorida-Statutes section 255.05; or otherwise the subject of a claim`or demand\ by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers:%Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER �'shallreceive--immediate written notice of all decisions made by .CONTRACTOR to withhold retainage on any subcontractor at greater than five _percent (5%)`after fifty percent (50%) completion; and 2) CONTRACTOR will not seek releasee frorn the County as OWNER of the withheld retainage until the final pay reque'st.. 6.04 Paragraphs` 6.02' and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR @BCL@300EB6FFS4 00520 - 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300EB6FF.doc other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding -Db / B. CONTRACTOR has visited the Site\and be become familiar with and is satisfied as to the general, local, and Site conditions that`my affect cost, progress(and performance of the Work. .. , �� �.� C. CONTRACTOR is familiar with and is satisfied'as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has �c relullyistudied\ all: (1,) reports of explorations and tests of subsurface conditions at or contiguous to the Site)and all drawings of physical conditions in or relating to existingtsurface-o. subsurface structures at or contiguous to the Site (except 1indergro` d Facilities) which` Have been identified in the Supplementary Conditions assprov de paragraph 4.026f the General Conditions and (2) reports and drawings of a Hazardous, -Environmental Condition, if any, at the Site which have been iyiid identified in the SuuppentaryConditons as provided in paragraph 4.06 of the General Conditions. \\.,/ � E. 'CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) -all -additional or supplementary examinations, investigations, explorations, tests, studies, and datalconcerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relateto/ any aspect of the means, methods, techniques, sequences, and procedures \of -construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. @BCL@300EB6FFSS 00520 - 5 C:\Users\legistaKAppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@a 300EB6FR@BC4300EB6FF.doc H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the followin 1. This Agreement (pages 00520-1 to 00520=9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 000610,14tof06610-3, inclusive); 4. Sample Certificate of Liability Insurancep ap ge'00620-1); 5. Contractor's A 'licatio.n for Pa `` nt pp y, (pag�,es 00622-1 to 00622-6 inclusive); 6. General Conditionspa`0700=, to 700'/inclusive); 7. Supplementary Conditions ( ges'00800-i to 00800-11, inclusive); \\ 8. Specifications as listed in Division,,1 (General Requirements) and Division 2 (Technical Specifications- by Atkins NNortrth America, Inc); K191Drawings c is�ting of a cover sheet and sheets numbered G-001 through C-501, inclusive- with each sheet bearing the following general title: Wabasso Fishing Pier Demolition -and Debris Removal; 10. Addenda; 11. Appendices to this Agreement (enumerated as follows): Appendix A - Permits Appendix B - Fertilizer Ordinances Appendix C - Indian River County Traffic Engineering Division Special Conditions for Right-of-way Construction Appendix D - Existing Conditions Report 12. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 13. Bid Bond (page 00430-1); 14. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 00520 - 6 C:\UsersVegistar AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300EB6FF.doc @BCL@300EB6FF.86 15. List of Subcontractors (page 00458-1); 16. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 17. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2 inclusive); 18. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 19. Contractor's Final Certification of the Work (page Specifications). 00632-1 'to 00632 2 of the 20. Certification Regarding Prohibition -Against Contracting with Scrutinized Companies (page 00460-1); \// ARTICLE 10 - MISCELLANEOUS \ 10.01 Terms <\s) A. Terms used in this Agreeme LwilI have the meanings indicated in the General Conditions. 10.02 Assignment -of Contract _ \\ A. No assignment a-prty hereto\of any rights under or interests in the Contract will be binding on another parlty.he eto\without the written consent of the party sought to be bound; and, specificallyfbut without limitation, moneys that may become due and moneys that are due may�'r of be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary -in -any written\consent to an assignment, no assignment will release or discharge the -assignor from\a4 duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and -CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. @BCL@300EB6FF867 00520 - 7 C:\Users\I egi star\App Data\Coca I\Temp\BC L Technologies \ea syPD F 8\@BCL@300EB6 FF\@BCL@300 E B6 FF.doc 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this 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. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the Count o perform the service. (2) Upon request from the County's Custodian of Public Record,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 providedhin‘Chhapter/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 notisclosed except as authorized by law for the duration of the contract term and4ollowing completion/of the contractif the contractor does not transfer the records to the County��\ (4) Upon completion of the contract, 'transfer,#at no cdst, to the County all public records in possession of the Contractor.or keep dr mainc r tain publiecords required by the County to perform the service. Ifftlie `bntractor\transfe all public records to the County upon completion of the contract4he Cofactor shall destroy any duplicate public records that are exempt or confidential and\exempt from public records disclosure requirements. If the contractor keeps and maintainspublic-records upon completion of the contract, the Contractor shall lmeeta ll applicable requirements for retaining public records. All records stored electronically must be,provided to the County, upon request from the Custodian of Publi Rc ecords, in format that -is compatible with the information technology systems of the County. B. `IF„, HAS QUESTIONS REGARDING THE APPLICATION, OFA CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING46THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BCL@300EB6FF$8 00520 - 8 C:\Users Vegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@300EB6FF\@BCL@300EB6FF.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Attest\ (Contractor) (CORPORATE SEAL) \ % \/2 Address for giving notices: Jeffrey R. Smith, Clerk of Court and`Comptro` \ \\\\ License No. (Where applicable) Attest: Deputy Clerk (SEAL)/Th2 Agent for service of process: Designated Representative: Name:*mes W -Ennis, P\.E.\PMP Designated Representative: Title: Assistant.P_ublic-Works\Director Name: 1801 27th Street \t \) 1 Title: Vero Beach, Florida 32960 , Address: (772) 226-1221 f --__.-- J Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@300EB6FFS 00520 - 9 C:\Users\IegistaMpp Data\Local\Temp\BCL Technologies\easyPDF 8\@BC L@300 EB6 FF\@ BCL@300EB6 FF.doc Date: To: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES April 2, 2019 Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Final Pay and Release of Retainage to All Webb Enterprises, Inc., for Van Antwerp Well Mitigation Plan, Bid No. 2018038 DESCRIPTIONS AND CONDITIONS: On May 8, 2018, the Indian River County Board of County Commissioners (BCC) awarded the contract for the Van Antwerp properties well mitigation project to All Webb Enterprises (AWE), Inc., at a cost of $107,140.00. ANALYSIS: AWE has completed the construction of the new well and the retrofit of an existing well at the Van Antwerp property successfully and under budget, and is requesting a final payment and release of retainage. To date, AWE has been paid $80,280.00. Payment in the amount of $17,120.00, including release of retainage, will complete the county's obligation to the contractor. The project came in $9,740.00 under budget. The project was accepted as satisfactorily completed by the property owner, Mr. Fred. Van Antwerp (see attached construction certification), and attached email correspondence from St. Johns River Water Management District (SJRWMD) FUNDING: Funds for this project are derived from the Well Mitigation account in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount Van Antwerp Well Mitigation 47123536-044699-17529 $8,200.00 Retainage- All Webb 471-206000-17529 $8,920.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Final Pay Application No. 2 in the amount of $17,120.00, which will release retainage and complete the County's obligation to All Webb Enterprises, Inc. ATTACH M E NT(s).: 1. Final Pay Application 2. Signed Construction Completion Certificate 3. Email from SJRWMD dated 3/5/19 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@COODC7C2\@BCL@COODC7C2.docx 90 APPLICATION AND CERTIFICATION FOR PAYMENT PROJECT: VAN ANTWERP WELL MITIGATION TO OWNER: INDIAN RIVER COUNTY BOCC 1801 27TH ST. VERO BEACH, FL. 32960 FROM CONTRACTOR: All Webb's Enterprises, Inc. 309 Commerce Way Jupiter, FL 33458 CONTRACT FOR: VAN ANTWERP WELL ENGINEER: AIA DOCUMENT G702 APPLICATION 4: PERIOD TO: 2/28/2019 PROJECT NOS: CONTRACT DATE: 2 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment. as shown below, in connection with the Contract. Continuation Sheet. AIA Document 0703, is attached. I. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CON'T'RACT SUM TO DATE (Linc 1 t 2) 4. TOTAL cOMPLI FED & STORED TO DA'Z'E (Column G on 0703) 5. RETAINAGE: a. 10 %ofConlpleted Work $ 50.00 (Column D + E on G703) b. %of Stored Material $ Included in above (Column F on G703) Total Retainage (Lincs 5a + 5b or Total in Column I of G703) 6. TOTAL EARNED LESS RETAINAGE (Linc 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) S 107.140.00 S (9,740.00) S 97,400.00 S 97,400.00 s The undersigned Contractor certifies that to thc best of the Contractor's knowledge. information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents. that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONI: ACTOR: atg MOW it22p0'4t%,/ ILC, - Date:l_/gr/fl State of: Florida Subscribed and swontto bcfore_me t Notary Public: My omnissiio expires: 1- l cf 2.oto ecqmpnif VL4Z36 3j k uotsslwwop 331 SV1OHDIN 0.00 ENGINEER'S RECOMMEDATION FOR PAYMENT S 97.400.00 s $ 80,280 17,12U.UU 0.00 CHANGE ORDER SUMMARY AUDITIONS DLUUCI IONS Total changes approved in previous months by Owner Total approved this Month (59.740.00) TOTALS $0.00 NET CHANGES by Change Order (59,740.00) In accordance with the Contract Documents, based on on-sitc observations and the data comprising thc application, the Architect certifies to thc Owner that to the best of the Architect's knowledge, information and belief the, Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT RECOMMENDED. s i7, I7- . `7Q AMOUNT RECOMMENDED (.ltlach explanation if amount certified dif%rs from /he amount applied. Initial all figures on this Application and onthe Continuation Sheet that arc changed to con jarmn with the amount certified) ARC-HWE€T:E�rNcc1 NSE By: �C'^e 7f[ Date: / 3 / 1 This Certificate is not negotiable. 'The AMOUNT RECOMMENDED is payable only to the Contractor named herein. issuance. payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this Contract. MA DOCUMENT 0%62 • APPLICATION MU Chit I IHCAtION FON PAYMr:NY • 199/70150N • AIA • 671992 THE AMERICAN INSTrTUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W. WASHINGTON. DC 20008.5292 91 CONTINUATION SHEET AIA DOCUMENTG703 PAGE 2 OF 2 PAGES AIA Document G702, APPLICA'T'ION ANL) CER ITH A PION FOR PAYMENI, containing APPLICATION NO: 2 Contractor's signed certification is attached. APPLICATION DATE: 2/28/2019 In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: 2/28/2019 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: A B C D 1 E F G H I 1 ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G + C) BALANCE TO FINISH (C - G) RETAINAGE IF VARIABLE RATE) 'ROM PREVIOUTHIS APPLICATION (D + E) PERIOD 1 MOB/DEMOB $28,000.00 $28,000.00 50.00 $0.00 $28,000.00 100.00% 50.00 50.00 2 DRILL AND COMPLETE WELL 6 544,000.00 $44,000.00 50.00 50.00 $44,000.00 100.00% $0.00 $0.00 3 FURNISH WELLHEAD FOR WELL 6 $8,600.00 $8,600.00 $0.00 $0.00 $8,600.00 100.00% 50.00 50.00 4 MODIFY WELL 1 $8,600.00 $8,600.00 50.00 $0.00 $8,600.00 100.00% $0.00 50.00 5 INSTALL FPL SERVICE 53,200.00 50.00 53,200.00 $0.00 $3,200.00 0.00% $0.00 50.00 6 ELECTRICAL $5,000.00 50.00 $5,000.00 $0.00 $5,000.00 100.00% $0.00 $0.00 CONTINGENCY $9,740.00 50.00 $0.00 50.00 50.00 50.00 _ 50.00 CO CONTINGENCY NOT USED ($9,740.00)• , GRAND TOTALS 597,400.00 $89,200.00 58,200.00 50.00 597,400.00 100% 50.00 50.00 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 - Certification of Document's Authenticity 92 ATTACHMENT 2 CONSTRUCTION COMPLETION CERTIFICATE PROJECT: Van Antwerp Well Mitigation DATE OF ISSUANCE: February 19, 2019 PROJECT OWNER: Indian River County Board of County Commissioners PROJECT OWNER's Contract No: 2018-038 PROPERTY OWNER: Van Antwerp CONTRACTOR All Webb Enterprises, Inc. ENGINEER Kimley-Horn & Associates Please be advised that a startup of the pumps at Well No.6 and 1 were performed on January 24, 2019 by Kimley Horn and Associates (Project Owners Representative), Indian River County representative, St. Johns River Water Management representative and All Webb Enterprises representative. A follow up inspection of the above noted project was carried out on February 12, 2019 to address punch list items. All work on this Contract has been satisfactorily completed and is accepted as complete, subject to the terms and conditions of the Contract and Specifications. The effective date for the start of the warranty period will be February 18, 2019. For the record, the last day of work on this project was February 11, 2019. The satisfactory completion of the Van Antwerp Well Mitigation project will address the construction activities (Items 1-4) and future mitigation plan (items A, D, E, G, H, 1, J and M) in the mitigation plan dated April 25, 2018. CONTRACTOR: Signature CONSTRUCTION COMPLETION CERTIFICATE 12-7*1'� Date ENGINEER:44., !/ Signature Date February 19, 2019 93 ATTACHMENT 3 Aruna Wera oda From: Callie Register <cregister@sjrwmd.com> Sent: Tuesday, March 05, 2019 3:19 PM To: Arjuna Weragoda Cc: Vincent Burke; Eric Charest; Mark.Miller (Mark.Miller@kimley-horn.com); Patricia Renish; Hayduk, Vaughn; Regulatory Compliance Data Submittal Subject: Van Antwerp Well Mitigation (item #1329361) Arjuna, SJRWMD staff agrees that the County has satisfactorily completed the construction activities listed in items 1-4 of the Mitigation Plan for Well interference at the Van Antwerp property dated April 25, 2018, as required to comply with the County's Consumptive Use Permit # 10524-9. Thank you, Callie Register, P.E. Hydrologist PG/PE Division of Regulatory Services St. Johns River Water Management District Palm Bay Service Center 525 Community College Parkway, S.E. • Palm Bay, FL 32909 Office: (321) 473-1328 • Cell: (321) 863-0011 Email: cregister@sjrwmd.com Website: www.sirwmd.com Connect with us: Newsletter, Facebook, Twitter, Instagram, YouTube, Pinterest www.sjrwmd.com/&permitting From: Arjuna Weragoda <aweragoda@ircgov.com> Sent: Tuesday, March 5, 2019 10:34 AM To: Callie Register <cregister@sjrwmd.com> Cc: vburke@ircgov.com; Eric Charest <echarest@ircgov.com>; Mark.Miller (Mark.Miller@kimley-horn.com) <Mark.Miller@kimley-horn.com>; Patricia Renish <PRenish@sjrwmd.com>; Hayduk, Vaughn <vaughn.hayduk@kimley- horn.com> Subject: RE: Van Antwerp Mark, Could you please address Callie's first question Callie, Since the District has been intimately involved with the mitigation plan from the onset of this project, at a minimum would need at least an email from the District to the satisfactory completion of the project to recommend final payment to AWE. 1 ATTA6141NIENT 3 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: March 31, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Work Order No. 12 with Kimley Horn for Design, Procurement and Construction Administration to Replace the Degasifier/Scrubber Blower (Odor Control System) at the South County Water Treatment Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the South County RO Water Treatment Plant (WTP) located at 1550 9th Street SW, Vero Beach. A condition assessment of the facility was conducted recently by Arcadis as a part of the County's asset management program. During this assessment, it was found that the Degasifier/Scrubber Blower (Odor Control System) was found to be in poor condition due to environmental corrosion, and is recommended for replacement. ANALYSIS: In February 2019, staff requested Kimley Horn submit a proposal for professional engineering services to remedy the Degasifier Scrubber Blower Replacement at the South County Water Plant. Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated April 17, 2018, Kimley-Horn submitted a proposal for design, bidding assistance and construction management services. Kimley-Horn has submitted Work Order No. 12, which includes providing professional services for design, specifications/bid documents, and construction observation in relation to the Degasifier/Scrubber Blower Replacement at the South County WTP. The total negotiated cost for the professional services is a sum amount of $ 29,937. The engineer's estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 12 is approximately $130,000.00. Construction will be budgeted in Fiscal Year (FY) 2019/2020. FUNDING: Funds for this project are derived from the renewal and replacement budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount SWWTF Odor Control Equipment Replacement 47123536-044699-19519 $29,937.00 9 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Order No. 12 with Kimley-Horn, in the amount of $29,937.00, for professional services that include design, specifications/bid documents, and construction observation services to replace the Degasifier/Scrubber Blower (Odor Control System) at the South County Water Treatment Plant, and authorize the Chairman to execute said work order on their behalf. ATTACHMENT(s): 1. Work Order No.12: Degasifier/Scrubber Blower Replacement (6 Pages) C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@900D101C\@BCL@900D101C.docx 96 CCNA2018 WORK ORDER 12 SOUTH OSLO WATER PLANT MEMBRANE REPLACEMENT AND PLANT IMPROVEMENTS This Work Order Number _12_ 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 Kimlev-Horn and Associates, Inc., ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms 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: Kimley-Horn By: Print Name: Title: Principal By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney EXHIBIT #1 Work Order Number 12 South Oslo Rd Membrane Treatment Plant Degasifier/Scrubber Blower Replacement PROJECT UNDERSTANDING The existing degasifier blowers at the Oslo Road membrane water treatment plant are experiencing reliability issues with frequent fan blade replacement. The existing blower blades are constructed of coated steel and have experienced corrosion due to coating wear exposing the steel blade tips to the high concentration of hydrogen sulfide in the air stream. The corrosion of the blades has led to vibration issues that have consistently reduced the life of the blower bearings, motor bearings, and blower bases and Indian River County Utilities is interested in replacing the existing blowers with blowers that are equipped with FRP composite blades. The scope of work consists of review of alternate blower types and manufacturers, preparing drawings and specifications for blower replacement, observation of installation, and witnessing start-up and testing of the new blowers. It is assumed that the blower capacities (air flow and horsepower) will not change. A FDEP permit is not anticipated to be required for the replacement of the blowers since it is considered maintenance and is therefore not included within the scope below. SCOPE OF SERVICES The following scope consists of blower replacement and implementation only at the South Oslo Rd water treatment plant, which consists of the following tasks. Task 1— Review Blower Types, Collect Information Consultant will research other blower manufacturers with non -corrosive blower materials, such as all fiberglass blower materials and request quotes for cost comparisons to other type blowers. Consultant will collect as -built information on the existing ductwork at Oslo Road membrane water treatment plant that will need to be modified. It is assumed that alternative blower manufacturers will not have matching inlet and outlet blower dimensions to the existing blowers and that modification of the existing FRP ductwork will be required. Consultant will review the blower configuration which will result in minimal ductwork modifications. Consultant will perform one site visit to collect dimensional data of the existing blower(s) configuration. K:\WPB_Civil\044572030 - IRCU Oncall\Oslo Degas Blower Replacement\Oslo WTP Degas Blower Rep 3.27.19.docx Page 1 of 5 98 Task 2 — Prepare Drawings and Specifications for Blower Replacement Consultant will prepare drawings, consisting of a new blower configuration, and ductwork drawings that need to be modified. A blower plan, ductwork plan, and elevation of the blower area will be prepared. It is assumed that the basefiles developed under the original project will be used. Consultant will prepare a sequencing plan to minimize impacts to operations, which will be used for implementation of the work. Photos may be used to depict necessary details. Modifications to the electrical power supply will be limited to conduit/wire replacement from disconnect to the blower motors. It is also assumed that blower motor sizes will not change. It is assumed that the electrical actuated dampers will not be modified. Consultant will prepare technical specifications for the new blowers and ductwork which need to be modified. Consultant will provide six (6) copies of drawings and specifications to Indian River County Utilities (IRCU) staff for review and for bidding. Consultant will also provide copies in electronic (PDF — portable document format) form. Task 3 — Bidding Phase Consultant will prepare electronic copy of document for IRC purchasing department to be utilized and provide assistance during the bidding purposes. IRC purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. The Consultant will respond to contractor questions, if required, which will be distributed to all the contract document holders by IRC purchasing department. Consultant will review bids, provide a summary of comments, and a letter that identifies the lowest responsive, responsible bidder. Task 4 — Construction Phase Consultant will answer a reasonable number of requests for additional information and clarifications for the construction of this project. Consultant will respond in written format in a timely manner. Consultant shall review shop drawings and submittals for their conformance with the design documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. It is assumed that up to four (4) submittals will be reviewed. Consultant will provide written comments and respond to IRCU/contractor within a reasonable time. Consultant will strive to complete the reviews within a ten (10) working days. Consultant will provide on-site observation of blower installation. Assuming one (1) month construction duration for the blower installation, respectively, it is assumed that up K:\WPB_Civil\044572030 - IRCU Oncall\Oslo Degas Blower Replacement\Oslo WTP Degas Blower Rep 3.27.19.docx Page 2 of 5 99 to four (4) half days of observation will be provided by a project engineer or field representative. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during such visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep IRCU informed of the general progress of the Work. Consultant will attend the preconstruction meeting. Consultant will attend and witness a startup and operational testing of the blowers. Consultant will develop a punch -list of incomplete items based on our on-site observations and startup testing. Consultant will issue a written punch -list to Owner and contractor. Consultant will provide one (1) site visit to review follow up work on punchlist items. Consultant will review contractor furnished operation and maintenance manuals (O&M) as required under the certification of completion. Consultant will review record information provide by contractor. TIME SCHEDULE Consultant will conduct Task 1 within 2 weeks and Task 2 within 4 — 6 weeks from notice to proceed. Bidding phase is assumed to take up to 4 — 6 weeks. FEE SCHEDULE We will provide these services in accordance with our extension and amendment of our Continuing Consulting Engineering Services Agreement for Professional Services dated April 17th, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services for Task 1 through Task 4 on a lump sum fee basis as follows: Task No. Task Task Fee Task 1 Review Blower Types, Collect Information $ 4,566 Task 2 Prepare Drawings and Specifications for Blower Replacement $ 11,175 Task 3 Bidding Phase $ 3,912 Task 4 Construction Phase $ 10,284 Total Lump Sum Fee = $ 29,937 K:\WPB Civil\044572030 - IRCU Oncall\Oslo Degas Blower Replacement\Oslo WTP Degas Blower Rep 3.27.19.docx Page 3 of 5 100 ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Permit application preparation • Construction phase services beyond what, is listed herein • Record drawing collection and development K:\WPB Civil\044572030 - IRCU Oncall\Oslo Degas Blower Replacement\Oslo WTP Degas Blower Rep 3.27.19.docx Page 4 of 5 101 ESTIMATE FOR ENGINEERING SERVICES 1 . 1 PROJECT: Degasifier Blower Replacement - South Oslo Rd. Membrane Treatment Plant 1 1 2/19/2019 CLIENT: Indian River County Utilities 1 1 ESTIMATOR JRL(MDM Rev) DESCRIPTION: DIRECT LABOR ( MAN-HOURS ) Membrane Replacement, Condition Assessment, REG Dir Exp LINE TOTAL Preparation of Drawings & Bidding PRINC SIN PROF PROF JUFH DES/ P2 (TS/NB) CLK P1 EXP SUB NO. TASK 1 Review Blower Types Manufacturer Coordination 1 4 6 72 $1,527 Collect/review record information 1 4 10 93 51,968 Site Visit - collect dimensional data 4 4 51 $1,071 $4,566 2 Prepare Dral+.ings Prepare drawings (5) 2 16 40 352 $7,402 Specs for Blower and FRP Duct 2 8 8 124 $2,614 6 copies of fmal drawings 2 4 4 55 $1,159 $11,175 3 Bidding Phase Assist with advertisement 2 4 2 62 $1,304 Respond to contractor questions 2 4 2 62 51,304 Evaluate bids and make recommendations for award 2 4 2 62 $1,304 $3,912 4 Construction Phase Preconstruction meeting 4 4 51 $1,071 Response to RAIs 2 15 $315 Shop Drawing Review 6 12 108 $2,268 Onsite Observations 4 16 114 $2,394 Witness Operational Testing 2 4 - 8 94 $1,984 Review of O&Ms 4 30 $630 Punchlist 1 6 4 77 $1,622 $10,284 TOTAL HOURS 0 15 80 116 10 0 51,422 529,937 $29,937 LABOR ($/HOUR) 235 225 150 105 96 $0 50 SUBTOTAL 0 3375 12000 12180 960 0 528,515 50 K:\WPB_Civil\044572030 - IRCU Oncall\Oslo Degas Blower Replacement\Oslo WTP Degas Blower Rep 3.27.19.docx Page 5 of 5 102 5.A. Leslie R. Swan Supervisor of Elections Indian River County March 19, 2019 The Honorable Bob Solari Chairman, Board of County Commissioners Indian River County 1801 27th Street, Building A Vero Beach FL 32960 Dear Chairman Solari: The Supervisor of Elections office conducted a special city council election on February 26, 2019 for the City of Vero Beach. The City of Vero Beach has reimbursed the Supervisor of Elections office for the cost of conducting this election. The revenue received from the City of Vero Beach is $ 24,416.00. I am requesting to have the revenue received from the February 26, 2019 special election to be rolled into the Supervisor of Elections 2018/2019 budget. These election costs were not accounted for in our initial 2018/2019 budget. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. I am also seeking approval to relocate two polling sites: Pcts. 2/3 Fellsmere City Council Chambers will be relocated to the Fellsmere Community Bible Church located at 12 N. Hickory Street, Fellsmere. Pcts. 5/12 Liberty Magnet School will be relocated to the School District of IRC located at 6500 57th Street, Vero Beach. The Fellsmere Boys and Girls Club is relocating to the Fellsmere City Council Chambers building, therefore, the facility will no longer be available as a polling site. In addition, I have received several phone calls from parents at Liberty Magnet School expressing their concern about "outsiders" on campus on Election Day. 4375 43r4 Avenue • Vero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 1 wwwvoteindianriver.com March 19, 2019 Page Two (2) Upon the Board's approval, the Supervisor of Elections office would like to move forward with the relocation of both polling places. The Elections Office, per F.S. 101.71(2), will mail a new voter information card to all voters residing within the precincts that are being relocated. I respectfully request the Board of County Commissioners approve the proposed relocation plan and also the reimbursement of funds to the Supervisor of Elections budget for conducting the 2019 City of Vero Beach Special Election. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures 104 IRC Supervisor of Elections 4375 43rd Ave Vero Beach, FL 32967 Bill To CITY OF VERO BEACH TAMMY BURSICK, CITY CLERK P.O. BOX 1389 VERO BEACH, FL 32961-1389 Invoice Date Invoice # 2/14/2019 5142070 Item Description # of Voters Rate Amount SPECIAL ELECT Special Municipal Election: February 26, 2019 12,208 2.00 24,416.00 Total $24,416.00 Phone # Fax # Web Site 10 772-226-3443 772-770-5367 tboyle@voteindianriver.com www.voteindianrivercom Date 1/30/2019 Time 07:56 AM Election 86 Leslie Rossway Swan Supervisor of Elections Book Closing Party Summary by Precinct for SPECIAL MUNICIPAL ELECTION Closing Date = Jan/28/2019 Precinct Total gems Reps Nva Other LPF 17.0 4,618 938 2,593 1,044 33 10 0 19.0 1,325 338 659 309 14 5 0 19.1 829 247 371 203 7 1 0 23.0 2,751 882 1,104 736 20 9 0 24.0 598 225 170 189 7 7 0 24.1 6 1 2 3 0 0 0 24.2 328 110 119 96 1 2 0 25.0 1,753 406 906 419 20 2 0 Total 12,208 3,147 5,924 2,999 102 36 0 Pane 1 Indian River County, FL 106 Leslie R. Swan Supervisor of Elections Indian River County March 19, 2019 The Honorable Bob Solari Board of County Commissioners Indian River County 1800 27th Street, Building A Vero Beach, FL 32960 Dear Chairman Solari: The Department of State is authorized to distribute to all 67 county Supervisors of Elections a sum total of two million dollars (2,000,000) in non-recurring funds for fiscal year 2018 — 2019 from the Federal Grants Trust Fund, pursuant to section 251 of the Help America Vote Act of 2002 (HAVA) and the Catalog of Federal Domestic Assistance (CFDA) 90.401 ("Help America Vote Act Requirements Payments). These funds are being provided to Indian River County in the ongoing effort to improve the administration of federal elections. In order to receive the Federal Election Activities Funds, the Legislature requires the Chairman of the Board of County Commissioners to certify that the county will match the state funds of 517,609.22 with the 15% county match of $2,641.38. I have enclosed the Certificate Regarding Matching Funds for your signature. The matching funds have already been budgeted in the Supervisor of Elections FY 2018-2019 approved budget. In addition, the Chairman of the Board of County Commissioners is required to certify that the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of Indian River County electors for the next regularly scheduled general election. I have enclosed the Certificate of Equipment for Casting and Counting Ballots for your signature. I can certify that our county has sufficient equipment for casting and counting ballots to meet the needs of Indian River County electors for the next regularly scheduled general election. Please execute both certificates and return them to the Supervisor of Elections office at your earliest convenience. Thank you for your attention to this matter. Most sincerely, clkA-La s\ Leslie Rossway Swan Supervisor of Elections Enclosures tJ.:7.- ADrd A..,.z~-_:=-31___..D.___t_ T7T )lnin 1 err.. nn i n/ An 1 T r.,.., 1 ATTACHMENT A to MOA # 2018-2019-0003 3081 SPECIAL CATEGORIES GRANTS AND AIDS - FEDERAL ELECTION ACTIVITIES (HELP AMERICA VOTE ACT) FROM FEDERAL GRANTS TRUST FUND ... $2,000,000 Funds in Specific Appropriation 3081 shall be distributed to county supervisors of elections to be used for election administration activities such as voter education; pollworker training; standardizing elections results reporting; or other federal election administrative activities as approved by the Department of State. County supervisors of elections will receive funds only after providing the Department of State a detailed description of the programs that will be implemented. Funds distributed to county supervisors of elections require a certification from the county that matching funds will be provided in an amount equal to fifteen percent of the amount to be received from the state. Also, before a county supervisor of elections receives funds for any software or hardware technology, including, but not limited to, any emerging technology that enhances or facilitates the delivery of absentee ballots, the casting and counting of valid votes, voting system audits or recount processes, and the certification of accurate and complete official election results, the software or technology must first be certified or approved, whichever is applicable, by the Department of State. Additionally, before the supervisor can receive funds for emerging or enhancing technology, the county supervisor of elections and the chairperson of the county governing body must certify that the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors including reducing the wait time at the polls during the early voting period and on election day for the next regularly scheduled general election. To be eligible, a county must segregate federal funds and required county matching dollars in a separate account established to hold only such funds. Funds in this account must be used only for the activities for which the funds were received. Funds shall remain in the account to be used for the same purposes for subsequent years or until such funds are expended. Supervisors of elections shall report to the Department of State any unspent funds remaining on June 30 of each fiscal year. 108 ATTACHMENT B to MOA 2018-2019-0003 FLORIDA DEPARTMENT OF STATE -DIVISION OF ELECTIONS County Allocation of Help America Vote Act Funds - Federal Election Administration Activities - FY 2018-2019 County Voting Age Population (2010 Census) Amount - Federal Election Activities Funds Minimum Payment Amount - Federal Election Activities Funds Voting Age Population Amount - Federal Election Activities Funds Minimum + Per population Amount - 15% Match By County Funds Alachua 203,051 $ 5,000.00 $ 22,844.44 $ 27,844.44 $ 4,176.67 Baker 20,068 $ 5,000.00 $ 2,257.77 $ 7,257.77 $ 1,088.67 Bay 131,776 $ 5,000.00 $ 14,825.58 $ 19,825.58 $ 2,973.84 Bradford 22,885 $ 5,000.00 $ 2,574.70 $ 7,574.70 $ 1,136.20 Brevard 435,690 $ 5,000.00 $ 49,017.71 $ 54,017.71 $ 8,102.66 Broward 1,356,717 $ 5,000.00 $ 152,638.72 $ 157,638.72 $ 23,645.81 Calhoun 11,493 $ 5,000.00 $ 1,293.03 $ 6,293.03 $ 943.95 Charlotte 137,100 $ 5,000.00 $ 15,424.56 $ 20,424.56 $ 3,063.68 Citrus 118,842 $ 5,000.00 $ 13,370.43 $ 18,370.43 $ 2,755.56 Clay 140,695 $ 5,000.00 $ 15,829.02 $ 20,829.02 $ 3,124.35 Collier 258,873 $ 5,000.00 $ 29,124.75 $ 34,124.75 $ 5,118.71 Columbia 52,338 $ 5,000.00 $ 5,888.34 $ 10,888.34 $ 1,633.25 DeSoto 27,027 $ 5,000.00 $ 3,040.70 $ 8,040.70 $ 1,206.10 Dixie 13,278 $ 5,000.00 $ 1,493.85 $ 6,493.85 $ 974.08 Duval 660,749 $ 5,000.00 $ 74,338.19 $ 79,338.19 $ 11,900.73 Escambia 233,465 $ 5,000.00 $ 26,266.20 $ 31,266.20 $ 4,689.93 Flagler 76,660 $ 5,000.00 $ 8,624.71 $ 13,624.71 $ 2,043.71 Franklin 9,579 $ 5,000.00 $ 1,077.69 $ 6,077.69 $ 911.65 Gadsden 35,184 $ 5,000.00 $ 3,958.41 $ 8,958.41 $ 1,343.76 Gilchrist 13,308 $ 5,000.00 $ 1,497.23 $ 6,497.23 $ 974.58 Glades 10,467 $ 5,000.00 $ 1,177.60 $ 6,177.60 $ 926.64 Gulf 13,289 $ 5,000.00 $ 1,495.09 $ 6,495.09 $ 974.26 Hamilton 11,886 $ 5,000.00 $ 1,337.25 $ 6,337.25 $ 950.59 Hardee 20,056 $ 5,000.00 $ 2,256.42 $ 7,256.42 $ 1,088.46 Hendry 28,254 $ 5,000.00 $ 3,178.74 $ 8,178.74 $ 1,226.81 Hernando 138,620 $ 5,000.00 $ 15,595.57 $ 20,595.57 $ 3,089.34 Highlands 80,814 $ 5,000.00 $ 9,092.05 $ 14,092.05 $ 2,113.81 Hillsborough 935,018 $ 5,000.00 $ 105,195.08 $ 110,195.08 $ 16,529.26 Holmes 15,645 $ 5,000.00 $ 1,760.16 $ 6,760.16 $ 1,014.02 Indian River 112,076 $ 5,000.00 $ 12,609.22 $ 17,609.22 $ 2,641.38 Jackson 39,839 $ 5,000.00 $ 4,482.12 $ 9,482.12 $ 1,422.32 Jefferson 12,013 $ 5,000.00 $ 1,351.53 $ 6,351.53 $ 952.73 Lafayette 7,085 $ 5,000.00 $ 797.10 $ 5,797.10 $ 869.57 Lake 235,311 $ 5,000.00 $ 26,473.88 $ 31,473.88 $ 4,721.08 Lee 497,885 $ 5,000.00 $ 56,015.02 $ 61,015.02 $ 9,152.25 Leon 221,514 $ 5,000.00 $ 24,921.64 $ 29,921.64 $ 4,488.25 Levy 32,172 $ 5,000.00 $ 3,619.54 $ 8,619.54 $ 1,292.93 Liberty 6,588 $ 5,000.00 $ 741.19 $ 5,741.19 $ 861.18 Madison 15,037 $ 5,000.00 $ 1,691.75 $ 6,691.75 $ 1,003.76 Manatee 256,550 $ 5,000.00 $ 28,863.40 $ 33,863.40 $ 5,079.51 Marion 267,117 $ 5,000.00 $ 30,052.25 $ 35,052.25 $ 5,257.84 Martin 120,572 $ 5,000.00 $ 13,565.07 $ 18,565.07 $ 2,784.76 Miami -Dade 1,950,707 $ 5,000.00 $ 219,466.12 $ 224,466.12 $ 33,669.92 Monroe 62,089 $ 5,000.00 $ 6,985.38 $ 11,985.38 $ 1,797.81 Nassau 57,395 $ 5,000.00 $ 6,457.28 $ 11,457.28 $ 1,718.59 Okaloosa 140,434 $ 5,000.00 $ 15,799.66 $ 20,799.66 $ 3,119.95 109 ATTACHMENT B to MOA 2018-2019-0003 FLORIDA DEPARTMENT OF STATE -DIVISION OF ELECTIONS County Allocation of Help America Vote Act Funds - Federal Election Administration Activities - FY 2018-2019 County Voting Age Population (2010 Census) Amount - Federal Election Activities Funds Minimum Payment Amount - Federal Election Activities Funds Voting Age Population Amount - Federal Election Activities Funds Minimum + Per population Amount - 15% Match By County Funds Okeechobee 30,412 5,000.00 3,421.53 $ 8,421.53 $ 1,263.23 Orange 875,809 5,000.00 98,533.71 103,533.71 15,530.06 Osceola 198,269 5,000.00 22,306.44 27,306.44 $ 4,095,97 Palm Beach 1,051,250 5,000.00 118,271.87 123,271.87 $ 18,490.78 Pasco 366,124 5,000.00 $ 41,191.12 46,191.12 6,928.67 Pinellas 753,654 5,000.00 84,790,55 89,790.55 $ 13,468.58 Polk 460,359 $ 5,000.00 51,793.12 ' 56,793.12 $ 8,518.97 Putnam 57,579 $ 5,000.00 6,477.98 $ 11,477.98 1,721.70 St. Johns 146,188 5,000.00 16,447.02 21,447.02 $ 3,217.05 St. Lucie 215,781 5,000.00 24,276.64 $ 29,276.64 $ 4,391.50 Santa Rosa 115,163 5,000.00 12,956.52 17,956.52 2,693.48 Sarasota 319,713 5,000.00 35,969.61 40,969.61 6,145.44 Seminole 325,537 5,000.00 36,624.85 41,624.85 6,243.73 Sumter 84,908 $ 5,000.00 9,552.65 14,552.65 $ 2,182.90 Suwannee 32,102 5,000.00 3,611.67 $ 8,611.67 $ 1,291.75 Taylor 18,125 5,000.00 2,039.17 7,039.17 $ 1,055.88 Union 12,525 5,000.00 1,409.14 6,409.14 961.37 Volusia 401,320 5,000.00 $ 45,150.88 50,150.88 7,522.63 Wakulla 23,851 5,000.00 2,683.38 7,683.38 1,152.51 Walton 43,713 . 5,000.00 4,917.97 9,917.97 1,487.70 Washington 19,626 5,000.00 2,208.04 $ 7,208.04 $ 1,081.21 TOTAL 14,799,219 $335,000.00 1,665,000.00 $ 2,000,000.00 300,000.00 Formula for Allocation: Each county starts with a minimum payment ($5,000). Remaining funds are allocated by voting age population (2010 Census) in each county. FY 2018-2019 Appropriation - Federal Election Administration Activities Total funds to be allocated by minimum payment ($5,000 x 67) Total funds to be allocated by voting age population Voting Age Population (2010 Census) - Statewide Per voting age population funding multiplier $2,000,000.00 $335,000.00 $1,665,000.00 14,799,219.00 0.1125 110 ATTACHMENT E of MOA 2018-2019-0003 Certificate County Match to Federal Grant Trust Funds under the Help America Vote Act Bob Solari Indian River , Chairman of the Board of County Commissioners of County, Florida, do hereby certify that the Board of County Commissioners shall provide the county Supervisor of Elections a minimum 15% county match* to the total amount that the county Supervisor of Elections may request and receive from the State in FY 2018-19. The Board shall appropriate an amount equal to or greater than $2,641.38 . ! understand that if the Board fails to appropriate the matching funds, all funds received from the State for this grant during the 2018-2019 state fiscal year, including interest, will be required to be returned to the Department of State and shall revert to the Federal Grant Trust Funds. Chairman, Board of County Commissioners Date *See Attachment B to Memorandum of Agreement for Calculation DS -DE 127 Revised 09/2018 111 ATTACHMENT 0ofMOA 2O1O-3018-00O3 IndianCertificate of Equipment for Casting and Counting Ballots River����Q��m We, ��^^^~^'�� ' Supervisor of Elections and BobSolari�� � Chairperson of Board of County Commissioners, of Indian River County, Florida, do hereby certify that prior to the receipt and use of fiscal year 2018-2019 HAVA funds for the purchase of State -approved or certified (whichever is applicable) emerging or enhancing software or hardware technology as allowable per Attachment A, the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors for the next regularly scheduled general election, If the Florida Department of State determines that there is insufficient equipment for casting and counting ballots for the next regularly scheduled general election as herein certified, we shall return the HAVA funds that were used to purchase other emerging or enhancing software and hardware technology to the State. Supervisor of EIetions "�/1�/^�K�1�� ^�/ | x�/��«� | �� Date DS -DE 135 Revised 6/18 Chairman, Board of County Commissioners Date 112 CYNTHIA L. COX CIRCUIT JUDGE Nineteenth Judicial Circuit of Florida COUNTIES OF MARTIN, ST. LUCIE, INDIAN RIVER AND OKEECHOBEE 2000 -16th Avenue, Suite 383 Vero Beach, FL 32960 goxo0s.ircuit19.orq April 3, 2019 TO: INDIAN RIVER COUNTY COMMISSION AGENDA ITEM 4/9/19 Havely White Combe JUDICIAL ASSISTANT (772) 770-6231 FAX (772) 770-5335 whltehitWcutt19.orq RE: BJA Adult Drug Court Discretionary Grant Program FY 2019 To address the opioid and drug epidemic and assess new and emerging practices in criminal justice for cost-effectiveness, public safety and diversion from jails, we are interested in BJA's 2019 Adult Drug Court Discretionary Grant (Category 2: Enhancement). Specifically, we would like to apply for up to $500,000 over 36 months for treatment and testing. This would entice and allow more participants to seek substance abuse treatment through our Drug Court. Drug Courts enjoy support from the Florida Legislature and Florida Supreme Court, both of whom have recognized the benefits and tax savings to our citizens. In the future, judges and court staff will be armed with information to approach legislators to seek local and state budgets creating financial stability; will seek out and leverage other federal funding sources such as SAMSHA's Access To Recovery; will engage in vigorous grant writing activities; will work with our Managing Entity to realign state resources to support treatment for the criminal justice involved population and will partner with our many community based organizations. Most importantly, the individuals rehabilitated, families reunited, public safety increased, jail bed days decreased, taxpayer savings and the lives saved will lessen the burden of the drug epidemic on our entire community and will enlighten public and elected officials to see the value in assuming funding. We will be using the 25% match from the State salaries of our Drug Court Team (Judge, State Attorney, PD, Probation, Court Administration). The deadline is April 12, 2019 and we intend to prepare a draft of the Grant for review within the next week if approved. I have attached a copy of the Grant Announcement hereto, along with our Program Abstract and our proposed Budget (estimated). We would like to gain approval to apply for up to $500,000 of the Grant and authorize either the Chair of the County Commission or County Administrator to execute any documents necessary for filing and acting as the Fiscal Agent. Thank you again for your time and consideration. cc: Judge Steven Levin, Administrative Drug Court Judge Chief Judge Elizabeth Metzger Wendy Parent, Problem Solving Court Manager 113 PROGRAM ABSTRACT BJA-2019-15084 Competition ID BJA-2019-15131 Category 2 — Enhancement Adult Drug Court Discretionary Grant Program Indian River County, Florida is seeking Category 2: Enhancement Funding for its Indian River County Adult Drug Court (ADC) Program, which is both pre -and post -adjudication. Indian River County Florida is located in an urban area in the Treasure Coast region of Florida with a population of 154,383. The Indian River County Drug Court operates at the Indian River County Courthouse, 2000 — 16t Avenue, Vero Beach, Florida 32960 with Judge Michael Linn presiding. The Drug Court Program Office is located at 2550 NW Country Club Drive, Port St. Lucie, FL 34986; Drug Court Program Manager: Wendy Parent; 772-807-4388; parentw@circuit19.org. The Indian River County Drug Court began operations in May, 2002. The amount requested is $406,525 over 3 years to serve 45 eligible indigent participants per year; for a total of 135 participants over 36 months. The minimum program length is 1 year, the average is 15 months and there is no maximum. Eligible applicants targeted will be over 18 years of age, charged with non-violent crimes of a low income who suffer from substance abuse or co-occurring disorders whose criminality can be attributed to these disorders and are at risk of becoming repeat offenders unless treatment options are available to them; referred at arrest or arraignment, screened using the ORAS risk/needs assessment and for indigency (i.e. 200% of federal poverty guidelines). The goal is to immediately refer and identify eligible participants to be referred to assessment and treatment. The opioid abuser will be immediately referred to our MAT program and treatment providers. The Grant will specifically address the Adult Drug Court Best Practice Standards II (Equity and Inclusion); Standard V (Substance Abuse Disorder Treatment) and VII (Drug & Alcohol Testing). However, the Grant's application and purpose will assist in our goal to implement all Ten of the NADCP Adult Drug Court Best Practice Standards and will be addressed and followed: Standard I, pages ; II on pages ; III on pages ; IV on pages ; V on pages ; VI on pages ; VII on pages ; VIII on pages ; IX on pages and X on pages . All of our data and records, including recidivism information for post -graduate arrest are maintained on our in- house database software system and will be maintained by the Drug Court Case Manager and Drug Court Program Manager. To date, the Indian River County Drug Court has never applied for or received a Grant from OJP or anywhere else and has no federal funding. The National Drug Institute will be conducting an "Operational Tuneup Training" in Port St. Lucie for the Team(s) on May 9-10, 2019. Program Administrator is Wendy Parent. @ parentw@ circuit19.org; Phone: 772-807-4733 114 General Instructions & Resource,s View Budget Summary OMB APPROVAL NO.: 1121-0329 EXPIRES 7/31/2016 Budget Detail Worksheet (1) Purpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including the budget narrative) must be provided. Any category of expense not applicable to your budget may be left blank. Indicate anynon-federal( match) amount in the appropriate category, if applicable. (2) For each budget category, you can see a sample by clicking (To View an Example, Click Here) at the end of each description. (3) There are various hot links Listed in red in the budget categories that will provide additional information via documents on the internet. (4) Record Retention: Inaccordance with the requirements set forth in 2 CFR Part 200.333 , all financial records, supporting documents, statistical records, and all other records pertinent to the award shall be retained by each organization for at least three years following the closure of the audit report covering the grant period. (5) The informationdisclosed in this form is subject to the Freedom of Information Act under 5 U.S.C. 55.2. 115 PERSONNEL (NON-FEDERAL) Name Position Computation Cost Salary Basis Percentage. of Time Length of Time Year• $0 Eva Thall Drug Court Case Manager $37,544.00 Year 40 3 $45,053 Michael Linn Circuit Judge/Admin Judge $160,680.00 Year 4 3 $19,282 Wendy Parent Drug Court Manager $49,171.00 Year .5 3 $7,376 Gayle Braun Assistant State Attorney $103,189.92\ Year 6 3 $1857 Jessicallolberton Assistant Public Defender $70,250.00 Year 7 - 3 Y - $14,753 John Toohey Probation Officer 555,614.78 Year 7 3 . $11,679 ' NON-FEDERAL TOTAL $116,717 PERSONNEL NARRATJY (NOlY-FEDERAL) The Drug Court Case Manager (a County employee) will conduct all assessments andscreening for eligibility; will meet with clients; monitor for compliance & drug screenings; collect and update the database with all data required for compliance. She will be involved in implementation and coordination with treatment providers; attend all staffmgs and status hearings. The Circuit Judge assigned to Drug Court will review the status of the project participants at frequent status hearings, impose sanctions an incentives appropriately and decide questions related to drug court progress, violations, treatment issues after consulting with the providers and drug court graduation ar unsuccessful termination. The Drug Court Manager will review and report on project deliverables, bold project team meetings and review all billing for submission to fiscal agent, IRC, for payment. The Assistant State Attorney reviews cases for filing and referral to Drug Court; attends staffing and status hearings as an active member of the Team. The Assistant. Public Defender meets with clients, explains the program,reviews drug court agreements, attends staffing and status hearings and participates as an active member of the Team. TOTAL PERSONNEL4 $116,717 116 FRINGE BENEFITS (NON-FEDERAL) Computation Description Base Rate Cost Eva Thall, Drug Court Case Manager/Coordinator $21,362.54 0.4 $8,545 Michael Linn, Drug Court Judge $54,631.20 0.04 $2,185 Wendy Parent, Drug Court Manager $21,635.33 0.05 $1,082 Gayle Braun, Assistant State Attorney $52,284.24 0.06 $3,13T Jessica Holberton, Assistant Public Defender $41,826.00 0.07 ' $2,928 Jolt Toohey, FDC Probation Officer $18,352.87. 0.07 $1,285 NON-FEDERAL TOTAL $19,162 FRINGE BENEFITS NARRATIVE (NON-FEDERAL)' Fringe benefits include FICA and the Employer's portion of Health, Life and Disability Insurances and Retirement: Excepting Eva Thal(, who is a County employee, the remainder are State of Florida employees. TOTAL FRINGE BENEFITS $19,162 117 TRAVEL (FEDERAL) Purpose of Travel Location Computation Cost 3 team members to NADCP Training Anaheim, CA 2020 Item Cost Rate Basis thrNumber Rate Quantity of People Number of Trips Cost Lodging $170.'' Night 3 1 $2,040.00 Meals 36.tI' Day 5 3 1 S540.00 Mileage $160. t.l, Mile 1 1 $160.00 Transportation: $350.H, Round- . '. 3 1 $1,050.00 Local Travel $0.00 Other Registration S745.00 , $2,235.00 Subtotal $6,025.00 $6,02.5 FEDERAL TOTAL $6,025 TRAVEL NARRATIVE (FEDERAL) It is recommended by the Grant that team members attend`conference* to stay abreast °film best practices and for implementation of the Grant's mission -and purposes. This would allow travel for up to 3 team members to travel to NADCP in 2020 (preapproved). 118 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $150,000. A sole source contract may not be awarded to a commercial organization that is ineligible to receive a direct award. Note: This budget category may include subawards. CONTRACTS (FEDERAL) Item Cost Drug/Alcohal Testing 135 participants ® $25 per week for 52.weeks $175,500 Substance Abuse & Co -Occurring Treatment: Outpatient Substance Abuse Treatment —Groups & Individuals (average $1,350 per year) x 135 participants $182,500 Other treatments: Detox, PHP,10P, Inpatient $42,500 FEDERAL TOTAL $400,500 CONTRACTS NARRATIVE (FEDERAL) Drug. Testing/Screening: SAC Drug Lab charges $30 per week for a 10 panel test (regardless of how many times a person is instructed to drug test); Participant will be responsible for co -pay of $5 per test for personal responsibility and accountability. Substance Abuse Treatment: Average annual estimated outpatient cost per year is $1,350 per participant (without relapse) at.1 group per week for the first 20 weeks @ $35 per group =,$700.00; 2 individual therapy sessionsthe first month ($50.00 per hour x2) _ $100.00 and 1 individual per month for months 2-12 ($50 per session x II months) = $550. Intensive Outpatient Treatment (IOP) is $2,500 per participant for 6 weeks Inpatient Residential Program with housing (28 day) is $6,000 -$12,000 per participant Partial Hospitalization (PHP) with housing $10,000 per participant Inpatient Medical Detox $2,500-$3,500 per participant 119 Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Category Federal Request Non -Federal Amounts Total A. Personnel $0 $116,717 $116,717 B. Fringe Benefits $0 $19,162 $19,162 C. Travel $6,025 $0 $6,025 D. Equipment $0 $0 $0 E. Supplies $0 $0 $0 F. Construction $0 $0 $0 G. Consultants/Contracts $400,500 $0 $400,500 H. Other $0 $0 $0 Total Direct Costs $406,525 $135,879 $542,404 1. Indirect Costs $O $O $0 TOTAL PROJECT COSTS $406,525 $135,879 $542,404 Federal Request $406,525 Non -Federal Amount $135,879 Total Project Cost $542,404 Public Reporting Burden Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We by to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete andfile this application is four (4) hours per application. Ifyou have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write the Office ofJustice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NW Washington, DC 20531; and to the Public Use Reports Project, 1121-0188, Office of Information and Regulator)) Affairs, Office of Management and Budget, Washington, DC 20503, 120 GRANT NAME: Adult Drug Court Discretionary Grant GRANT# BJA-2019-15084 AMOUNT OF GRANT: Up to $500,000 DEPARTMENT RECEIVING GRANT: Indian River County Drug Court/Court Administration CONTACT PERSON: Wendy Parent, Drug Court ManagerTPuPHoN ,: ' 772-807-4388 1. How long is the grant for? 36 months 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 25 pro 5. Grant match amount required 1 166,667 Starting Date: October 1, 2019 Yes X No X • Yes No X Yes No. 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? State employee saiaries/benefits % toward Drug Coiirt 7. Does the grant cover capital costs or start-up costs? X Yes 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 No X No Acct.. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ ''�•$ $ $ i Fourth Year 012.11 Social Security $ $ ` Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years9 R -0- nYcl, f Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ ''�•$ $ $ i Fourth Year 1• $ $ $ ` Fifth Year $ $ $ $ Signature of Preparer: Date: 4-3-19 121 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM DEPARTMENTAL 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 Outline of Indian River Lagoon Man gement Plan Recommendation for Moving For : rd March 29, 2019 BACKGROUND On April 17, 2018, the Board approved a contract with Tetra Tech, Inc. (Tetra Tech) for professional Water Resources/Stormwater design .ervices for a three-year term. Tetra Tech is the selected County Consultant for professional s=rvices relative to the development of a County Indian River lagoon Plan. On June 19, 2018, under Commissioners Mat ers 14.C.1, the Board discussed and approved pursuing an Indian River Lagoon Management 'Ian (IRL Plan). At the time it was unclear how comprehensive the IRL Plan needed to be. It ; eeded to marry all of the work the County was already doing through the Utilities, Public f orks and Parks departments to coordinate a cohesive effort in maximizing funds for an effi lent return on investment, when doing projects to improve the health of the Lagoon. As such, taff entered into a work order with Tetra Tech on July 17, 2018 to create an outline of a plan for how the County will focus on potential water quality projects, habitat restoration projec and education efforts. The outline will also list fiscally responsible management actions t County can implement in order to continue its efforts in revitalizing the Indian River Lagoo throughout the lifetime of the plan. DESCRIPTIONS AND CONDITIONS The outline of the IRL Plan prepared by etra Tech after multiple staff coordination meetings represents a framework to help guide th County's various efforts to improve the health of the Lagoon. This document will also sery as the basis for a comprehensive plan that can be developed. Staff intends to include fun ing for the comprehensive plan in the proposed budget for next fiscal year. The IRL plan will be esigned similarly to the County's Beach Preservation C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200E1A59\@BCL@200E1A59.docx 122 Page 2 BCC Agenda Item Outline of IRL Plan April 9, 2019 Plan and will be updated regularly every 3-5 years. Th: Plan works with all existing Indian River County Departments that have diverse skill sets and t e knowledge, ability, and mission to affect change in the lagoon. The plan also identifies lo :I projects either currently undergoing or planned over the next 3-5 years and indicates how hose projects meet the goals and objectives of the Plan while also meeting water quality tar ets set by the State and improve the health, productivity, aesthetic appeal, and economic v. ue of the lagoon. There are two key concepts within the goals and objective this plan: 1. The five (5) R's: Research, Reduc Revitalize, Rally and Respond These R's represent management st ategies that are integrated throughout the plan and correlate to other management strategies undertaken by other stakeholders bordering the IRL. Each management strategy outlines area of focus with objectives identified through two phases and specific goals for each of those obje Ives 2. The 2 -phased approach for : ach Objective - The first phase includes gene al goals created to better understand what factors are impacting the health of the Indian Ri '-r County portion of the Lagoon. This phase will consist of 3-5 years of information gathering a d implementation of current and prospective projects. - The second phase will occu after phase one is complete and information collected can guide specific measurable goals t• directly rehabilitate the Indian River County portion of the Lagoon. FUNDING Funding is not necessary forte approval of the IRL Plan outline, however funds to create this document are provided in General Fund/IR Lagoon Projects/Other Professional Services Account No. 00128337-033190. RECOMMENDATION Staff recommends that the Board approve the IRL Plan outline with any additional recommendations regard ng the IRL Plan and directs staff to move forward with developing a comprehensive Indian River Lagoon Management Plan. ATTACHMENT IRL Plan Outline APPROVED AGENDA ITEM FOR: APRIL 9, 2019 123 Draft Outline Indian River County Lagoon Management Plan April 2019 PREPARED FOR Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, Florida 32960 PREPARED BY Corrected Attachment Agenda Item 12.F.1. Tetra Tech, Inc. 11 Riverside Drive, Suite 204 Cocoa,'Florida 32922 tetratech.com TETRA TECH Draft Indian River County Lagoon Management Plan Outline April 2019 4.3 Conservation Lands 14 4.3.1 Oslo Riverfront Conservation Area 14 4.3.2 Round Island South Conservation Area 14 4.3.3 Round Island R'verside Park 14 4.3.4 Oyster Bar Marsh.. 14 4.3.5 Prange Island Conse ation Area 14 4.3.6 Captain Forster Hammo Preserve 15 4.3.7 Pelican Island National Wil ife Refuge 15 4.3.8 Archie Smith Fish House 15 4.3.9 Spoil Island Enhancement Oppo unities 15 4.4 Coastal Engineering 15 4.4.1 Jungle Trail Shoreline Enhancement. 15 4.4.2 A1A Shoreline Enhancement 15 5.0 EDUCATION AND OUTREACH 16 5.1 County Fertilizer and Landscape Manage ent O •inance 16 5.2 Stormwater Education 16 5.3 Water Quality 16 6.0 RESEARCH NEEDS 17 6.1 Monitoring and Data Manage , ent 17 6.2 Seagrass Beds 17 6.3 Muck Removal 17 6.4 Biosolids 17 6.5 Community Develo ment Considerations 17 7.0 PLAN PROGRESS! N 19 8.0 PLAN FUNDING ND COORDINATING EFFORTS 20 8.1 Plan Fundi, g Options 20 8.2 Coordinyr ing Efforts with Local Stakeholders 21 9.0 REFEREN6ES 22 OTETRA TECH Draft Indian River County Lagoon Management Plan Outline April 2019 EXECUTIVE SUMMARY The Indian River Lagoon (IRL) system is a unique and diverse estuary that connects Volusia, Brevard, Indian River, St. Lucie, and Martin counties. The IRL is part of the National Estuary Program (NEP), one of 28 estuaries of National Significance. The IRL has sS-mething to offer for every resident and visitor to Indian River County including recreational and commercial fishing; s fling, kayaking, paddle boarding, and boating; site seeing and birdwatching; bioluminescent tours; dining on the wat rfront; and beautiful sunrises and sunsets. The IRL pro ':es $7.6 billion in economic value based on the 2016 IRL onomic Valuation Update report by the Treasure C. -st and East Central Florida Regional Planning Councils, and th's value does not consider the $934 million in ads -d real estate valuation. Of the total economic benefit, $738 million er year is directly attributed to the County. The IRL is an estuary, which is a coastal wat rbody where freshwater tributaries m - -t and mix with seawater. The IRL is oriented parallel to the coast with few en inlets to the east, which crea a restricted, but free, exchange with the adjacent open ocean. To the west, ch nnelized flow of canal system: into the IRL have drained the land and altered the lagoon freshwater inputs. T balance of this delicat- ecosystem has been disturbed as development in the area has led to harmful imp cts due to elevated le -Is of nutrients, sediments, and organic material entering the lagoon. Sources of these p Ilutants include, bu are not limited to, stormwater runoff from urban and agricultural areas, excess fertilizer applic tions, failing sep 'c systems, biosolids, atmospheric deposition, and organic material from uplands including leaf lift , grass clipp) gs, and sediment. These pollutants contribute to cloudy conditions in the lagoon and feed algal blo (ns, both owhich negatively affect the seagrass community that provides habitat for much of the lagoon's marine lif Efforts have been ongoing for decades to address thes spurces of pollution. Despite significant load reductions, recent signs of human impact to the IRL system have bee magnified. To the north of Indian River County, the 2011 "superbloom" occurred, which was an intense algal b .o in the Mosquito Lagoon, Banana River Lagoon, and North IRL. While the County was spared the most s ere i pacts of the "superbloom," a secondary, less intense bloom occurred in the Central IRL in the Indian RivefCounty : rea. Since that time, there have been recurring algal blooms and fish kills in the County's portion of tt% IRL. The •roximity of the County to the Sebastian Inlet has lessened the effects of these algal blooms. duelo saltwater an freshwater exchange through the inlet. However, this access to the ocean has allowed red tide 6 enter the IRL, ich may cause impacts to the IRL in Indian River County. To the south, releases from Lake keechobee domin::te the issues in the IRL. Billions of gallons of freshwater, often polluted with algae, nutrie , ts, and other contamin:;nts, flow into the IRL through.the St. Lucie River causing harmful and often toxic algal bloQ s and other water qualit issues. of/ While challenges for the lagoon to th north and south are clearer, the specific challenges and priorities for the County are not as clear. This plan se ks to identify the specific issue- having the greatest impacts to the County's portion of the lagoon, priorities for p jects needed to have the most e '-ct on improving the IRL, and research how these identified impacts can be re,Iuced or eliminated. To restore balance to the IRL, 1fie County seeks to develop a manage ent plan that is specific to the County's portion of the lagoon. The existing development, land uses, geography, a d hydrology associated with this portion of the lagoon vary significant! from conditions in the counties to the north d south. The initial step in this process is to evaluate existing dat to provide a better understanding of what e specific challenges are and what information is needed to develop a plan that provides a long-term strategic s• ution. To accomplish this, the County will implement the five RRe • Research to iidentify impacts and strategically target key items for the evitalization of the lagoon; • Reduce th /pollutant and nutrient inputs to the lagoon from fertilizer, f -:ling septic systems, groundwater seepage i to canals, and untreated stormwater runoff; • Revitalite the ecosystem by increasing water -filtering oyster habitat, seagr-:ss beds, lagoon related natural occurring components, and removing invasive species; n TETRA TECH v Draft Indian River County Lagoon Management Plan Outline April 2019 1.0 INTRODUCTION 1.1 GENERAL OVERVIEW The health of the Indian River Lagoon (IRL) is facing several challenges. Some of these cha -nges are easily measured (such as nutrient and pollutant levels) while others are less tangible (reduction in heries production, reduced recreational values, reduced seagrass growth, presence of algal blooms, habitat de adation). Indian River County is seeking to identify measures that can be undertaken in a systematic approac o improve the ecological conditions, recreational value, and the overall health of the IRL for the benefit of wildli and the public. Based on current data, it appears there are several potential sources adversely • ecting the IRL in Indian River County: • Urban stormwater runoff, which is generated by rainfall on pervious .-nd impervious areas associated with development and picks up and transports nutrients from fertilizers d pet waste, as well as other pollutants including sediments, herbicides, and pesticides. Urban runoff al • includes sediment, litter, oil, grease, and other pollutants from Florida Department of Transportation (FOT) highways and local roadways. • Agricultural stormwater runoff, which occurs on agricult al land and carries nutrients from fertilizers, livestock waste, pesticides, and herbicides through the c.. nal system. • Excess fertilizer that is applied beyond what plants h. >e the capability to uptake. Due to the sandy soils in the basin, nutrients from excess fertilizer can enter e groundwater with little removal. This groundwater can recharge surface water in ditches, canals, trib'taries, or directly to the IRL. • Septic systems, both functioning and failing, ••ntribute nutrient loading to the groundwater. Traditional septic systems provide little nutrient remova and depending on the age of the system, density of septic systems, soils in the area, and proximity to surface waters, can contribute a large quantity of nutrients to groundwater that will ultimately discharge o the lagoon. • Biosolids are the solid, semisolid, or li%uid residue generated during the biological wastewater treatment process. Land application of Class B biosolids is allowed on permitted sites at controlled rates in accordance with Florida Departmeof Environmental Protection (DEP)-established site restrictions and site management requirements. •wever, Class AA processed biosolids are considered fertilizer and are not tracked when applied to Ian'. The extent of potential impacts of land application of biosolids is not yet known, which may mean biosds with high nutrient concentrations are being applied in the IRL watershed. • Organic material from the pland areas. This material can come from leaf litter, grass clippings, and sediment from constructi. . The organic material flows through canals and tributaries to the lagoon and causes a buildup of mu• along the lagoon bottom, typically in deeper, lower energy portions of the IRL. • Extensive canal syst other specials distri organic material, . d throughout the County. Many of these canals are located within water control and s. These canals convey stormwater runoff from agricultural and urban areas, fertilizer, other pollutants to the lagoon. • Muck build-up - ong the lagoon bottom. Muck creates an environment that is not conducive to seagrass and filter feed growth. Muck is defined as black, organic -rich (greater than 10% organic matter), mud -rich (greater tha 60% silt and clay), high water content (greater than 75% water by weight, greater than 90% water by v. ume) sediments. The muck also fluxes nutrients into the lagoon, adding the nutrient loading. • Atmosp ; ric deposition that falls on both the land and the lagoon itself: The sources of these nutrients are from p. er plants, cars, and other sources that burn fossil fuels. However, because of atmospheric conditi. � and weather patterns, not all the nutrients from atmospheric deposition are generated within the OTETRA TECH 1 Draft Indian River County Lagoon Management Plan Outline April 2019 limits to annual nitrogen and phosphorus loading, and seagrass losses were determined based on review of a composite of seagrass maps from 1943 to 1999. The establishment of TMDLs required the initiation of the basin management action plan (BMAP) process, which establishes enforceable, more detailed load allocations for impaired waterbodies. Point source dastewater facilities with National Pollution Discharge Elimination System permits were assigned a wasteload allocation in the TMDL, which are included in each facility permit. The stormwater sources, including permitted municipal separate storm sewer systems, other urban nonpoint sources, and agricultural stormwater, were assigne allocations through the BMAP process. However, based on the recovery of seagrasses through 2009, the lat t available aerial mapping data at the time of the BMAP analysis, the Central IRL stormwater entities did not re ive nutrient load allocations. The Central IRL BMAP was adopted by DEP in early 2013. As this first iteration of a BMAP process was ending, the "superbloom" of 2011 occurred. This HAB plagued the North IRL and Bana ' - River Lagoon, and a secondary bloom affected the Central IRL. Green alga, brown tide Aureoumbra lagu' -nsis, and picocyanobacteria each contributed to the blooms; however, the damage to seagrasses from these gal blooms would not be understood for several years. Since this "superbloom," blooms of picocyanobacteria, which are capa e of fixing nitrogen from the atmosphere, and dinoflagellates and Aureoumbra lagunensis, which are limited by itrogen in the water column, have created a new normal of nutrient and carbon cycling that leave the lagoon )n - constant state of alarm for HABs. Seagrass data in the lagoon showed a steady decline in 2011 compared to e 2009 survey. Seagrass made a small gain in 2013 and 2015 in the Central IRL, but the latest seagrass data rom 2017 again showed significant losses in the Central IRL. DEP is in the process of reevaluating the BMA for the Central IRL, and because of the seagrass losses that have occurred in the Central IRL since the BMA was adopted, load allocations for total nitrogen (TN) and total phosphorus (TP) will be allocated to the stekeholers in this area, including Indian River County. 1.3 PLAN ORGANIZATION The plan is organized into the following sections. Section 2.0 summarizes the plan goals and measurable goals to Revitalize the IRL. Thes in accordance with the TMDLs and BMAP, b within the IRL as a result of eutrophicatio Revitalize and repair damage to bent established to measure the progress actions. For the first phase of the pl and more general. For the secon specific, scientifically based, and Section 3.0 describes the cur and Stormwater Divisions, projects using natural pr historical cultural resou protect the IRL./ o jectives. This plan seeks to identify reasonable objectives and goals include regulatory requirements for nutrient load allocations, t also go further to evaluate the legacy loads and ecological damage and other aspects of human interaction. This plan seeks options to c communities such as seagrasses, oysters, and clams. Metrics are f lagoon Revitalization, and measurable goals are identified for lagoon , which includes identifying the Research needs, the objectives are broader phase of the plan, anticipated to be updated after three to five years, more uantified goals will be established to Revitalize the IRL. nt projects. Parks' Conservation Lands Division, Public Works' Coastal Engineering d the Utilities Department have combined forces to complete unique and innovative cesses. These projects Reduce nutrients entering the IRL, Revitalize natural and es, and provide access to the lagoon to educate the public and Rally the community to Section 4.0 identi -s prospective projects. This plan Researches the current and historical resources of the IRL and Responds the changing conditions of the IRL. Projects were selected in each category to Reduce nutrients, minimize lag t. e in lagoon response, Reduce risk, Revitalize natural lagoon resources, and optimize the return on investme Section 5.0 describes Indian River County's education and outreach efforts. Education and outreach are an important and cost-effective approach to Revitalize the IRL because these efforts allow the public to understand why the County is implementing projects to improve conditions and create a sense of responsible stewardship with TETRA TECH 3 Draft Indian River County Lagoon Management Plan Outline April 2019 2.0 PLAN GOALS AND OBJECTIVES This plan seeks to identify reasonable objectives and measurable goals for actions to Revitalize the IRL. The objectives for this first phase of the plan are more general in nature until the Research can determine scientific - based goals necessary to Revitalize the IRL. The second phase, or first update to the plan, ill occur within three to five years of phase one and will include specific and measurable goals. These goals ill include regulatory requirements for nutrient load allocations, in accordance with the TMDLs and BMAP, •ut'will go further in the evaluation of the legacy loads and ecological damage within the IRL as a result of eutro• ication and other aspects of human interaction. 2.1 RESEARCH Research is needed to identify impacts and strategically target key items for "evitalization of the lagoon. This first phase of the plan focuses heavily on this action, and the Research wil elp to direct the specific goals and objectives of the second phase of the plan. Research topics, goals, and •bjectives'include: • Monitoring and Data Collection Needs: o Phase 1 Objective: Identify existing monitoring nes ork and -survey information in the County's section of the IRL to determine data gaps and s -cific targets for location and type of monitoring needed. Prepare a monitoring plan with clear - to quality objectives and implement the plan. o Phase 2 Objective: Use the available data d additional data gathered through the monitoring plan to identify necessary water quality i • rovement recommendations and associated projects that will provide such improvements. U - the collected data to track the progress and effectiveness of the County's Lagoon ., Ian efforts. • Hydrology and Hydrodynamics: o Phase 1 Objective: Work with the water control and special districts to identify the natural hydroperiod (flow regime) of th lagoon, water management control structures, available models, and effects of enhanced circ ation. o Phase 2 Objective: Provid- models to show effects of modifying the IRL and IRL watershed hydrology and hydrodyn- ics within Indian River County. • Muck: o Phase 1 Objective: aluate existing database information to identify the location, areal coverage, and nutr -nt flux rates for muck in Indian River County. Evaluate if there are important data gaps that m be filled with additional surveys. o Phase 2 Objec dredging and/ mitigation pr • Biodiversity: o Phase 1 •bjective: Identify current and historical populations and population trends for native and non-na ve species, including fisheries, through land use mapping. Assess trends in the natural com nity structure and coverage. o Phase 2 Objective: Prepare and implement a plan for habitat management strategies to create an Revitalize habitat, and evaluate success through population, coverage, and emergence of native species. e: Prepare a cost/benefit assessment and prioritization schedule for the r capping of muck deposits to evaluate the need and efficiency of future muck jects. OTETRA TECH 5 Draft Indian River County Lagoon Management Plan Outline April 2019 o Phase 1 Objective: Identify innovative projects and develop efficiencies in pounds Reduced per year of TN, TP, and biomass for proposed projects. Evaluate projects in basins by priority ranking by loading and cost-effectiveness. o Phase 2 Objective: Identify specific projects to Reduce the TN, TP, and biomass,load (pounds per year) to meet or exceed the TMDL and BMAP requirements. The goal will be measured in pounds of TN and TP removed and cost per pound. • Organic Material and Sediments: o Phase 1 Objective: Identify areas that are contributing large quantities •f organic material such as leaf litter and grass clippings, as well as sediments, to the lagoon sy em. Determine locations in tributaries and canals with large amounts of floating aquatic veget. ion. o Phase 2 Objective: Establish and implement a plan to Reduce e amount of organic material and sediments entering the lagoon system, including a plan to mechanically harvest floating aquatic vegetation instead of using herbicides and installation of baffle boxes, sedimentation traps, and underground exfiltration systems. • Water Consumption: o Phase 1 Objective: Reduce the volume of water us: d for irrigation as well as household and commercial use through education, outreach, reg ations, and ordinances. The goal is to Rally the community to Reduce runoff and point sour - discharge volume. o Phase 2 Objective: Reduce the volume of wa er used for irrigation as well as household and commercial use through education, outreac , regulations, and ordinances. The goal is to Rally the community to Reduce runoff, potable ater supply, wastewater treatment plant loading, and point source volume. The goal will be m=.sured in gallons per person per day. 2.3 REVITALIZE Human interactions have impaired natural IRL ha tats. While a complete restoration of natural state is not possible given the built environments, a priority tion to enhance and Revitalize seagrasses, filter feeders, planted shorelines, and wetlands will be funda ' ental to Revitalize the stability and biodiversity of the IRL. • Seagrass: o Phase 1 Objective: Evalu- e all available data on seagrass planting projects to assess the cost/benefit ratio and ova rall success. Identify what variables are present that may affect the successful establishm = t of seagrass. Identify and prioritize areas to Revitalize seagrass. o Phase 2 Objective: evitalize seagrass beds in critical areas to achieve seagrass coverage similar to the 2009 :JRWMD Seagrass Survey. The goal will be measured in square feet of coverage to be pl..nted or obtained through natural creation and dollars per square foot. • Filter Feeders: o Phase 1 Obj Live: Identify and prioritize areas to Revitalize filter feeder bars and reefs and aquaculture o Phase 2 e .jective: Revitalize filter feeder bars and reefs and aquaculture. The goal will be measur in estimated volume of water filtered per year by created filter feeder population. • Wetlands and iving Shorelines: o Ph., e 1 Objective: Identify and prioritize areas to Revitalize wetlands and living shorelines. aTETRA TECH 7 Draft Indian River County Lagoon Management Plan Outline April 2019 • HABs: o Phase 1 Objective: Develop a plan for response to HABs, including emergency corrective action, education, hazard communication, and waste management for fish kills. o' Phase 2 Objective: Update the response plan based on enhanced knowledge from additional monitoring, research, and interaction with stakeholders. The goal will be meas ed in number of cooperating entities and reductions in HABs. • Sea Level Rise: o Phase 1 Objective: Identify and plan for issues associated with sea levyl'rise, including stormwater infrastructure, wetlands impacts, salinity, water temperature, and more frequent and severe storms to create a more resilient community. o Phase 2 Objective: Improve hazard preparedness plans, provid insights on resilient and sustainable development, and incorporate resilience into projets. The goal will be measured by reduction in Community Rating System rating in Indian Rive County and municipalities. • Invasive Species: o Phase 1 Objective: Identify current and historical populations and population trends for native and non-native species and identify and monitor emergin - issues with new invasive species. o Phase 2 Objective: Prepare and implement a plan, or management strategies for non-native species. The goal will be measured by evaluatinjthe reduction pf population and coverage of non-native species. 11 TETRA TECH Draft Indian River County Lagoon Management Plan Outline April 2019 Nutrient reductions observed at the Osprey Marsh system are approximately 12,000 pounds per year of TN and 2,400 pounds per year of TP. 3.2 STORMWATER The Stormwater Division has developed projects designed to Reduce the pollutant load into the IRL. Specifically, nutrients such as nitrogen and phosphorus are targeted for reduction to meet the TMDL. These •rojects also Reduce total solids that can carry nutrients and other contaminants. 3.2.1 Egret Marsh Stormwater Park and Wildlife Sanctuary Egret Marsh uses algae to remove nutrients from approximately 10 mgd of canal sto water. The algae are harvested and not released to the lagoon. After treatment by the algae, the filtered sto ater flows through a large polishing pond and shallow marsh and returns to the canals and flows through the ain Relief Canal, eventually emptying into the lagoon. Egret Marsh removes an average of 13,200 pounds pery-ar of TN and 3,000 pounds per year of TP. 3.2.2 Osprey Acres Flowway and Nature Preserve The flowway continues to filter water from Osprey Marsh along with unfi ered water from the South Relief Canal. Filtering occurs through a system of treatment cells using aquatic plants o remove nutrients and then to a serpentine flowway for final polishing, eventually released further down the ca9 I and to the lagoon. The estimated pollution removal from Osprey Acres is 3,000 pounds per year of TN and 300 pounds per year of TP. 3.2.3 PC Main Screening System The PC Main screening system removes freshwater plants .nd trash from the Main Relief Canal before the canal empties into the lagoon. Ten screens are used to remove -lI floating and submerged pollutants to the diameter of a paperclip wire (1/16 inch) and is run on approximatel 15 horsepower. Pollution removed on average includes 1,800 pounds pe year of TN, 500 pounds per year of and 874,000 pounds of trash, plants, and other debris. 3.2.4 System Maintenance The Road & Bridge Division provides mainte . nce throughout the county in support of a healthy IRL. This maintenance includes a street sweeping program that sweeps a total of 422 miles per cycle, usually 6 cycles per year.9 The division also conducts a ditch cle.•nin program,which includes 860,138 linear feet of ditches that are cleaned and maintained about 4 times ,per year. Data on these maintenance activities are included in the Stormwater Division annual report. 3.3 CONSERVATION LAN The primary purpose and object! of the County Parks' Conservation Lands Program is to protect, Revitalize, and sustain endangered ecosyste and associated rare and endangered species in Indian River County. Secondary objectives include passive blic recreation, preservation of open space, groundwater quality protection, flood protection, protection of hi orical and cultural resources, and general preservation of "quality of life." 3.3.1 Jones' Pier C nservation Area The Jones' Pier Conservation Area is part of the rich history of late 19th century/early 20th century settlement in Indian River County. In 1889, Seaborn Jones and his family homesteaded 160 acres on Orchid Island. Mr. Jones and his neighbors built the "Orchid -Narrows Road" which is now known as Jungle Trail (listed in 2003 on the National Register of Historic Places). The 16 -acre conservation area that was purchased by the County in 2011 is part of this original homestead. The County acquired the site from the Jones' family with assistance from the Florida Communities Trust. As part of the purchase, the County committed to implementing a management plan for the site TETRA TECH 11 Draft Indian River County Lagoon Management Plan Outline April 2019 4.0 PROSPECTIVE PROJECTS Projects will be selected based on the most cost-effective options in each category to maximize nutrient reductions, minimize lag time in lagoon response, Reduce risk, Revitalize natural lagoon resources, and optimize the return on investment. 4.1 UTILITIES 4.1.1 West Wabasso Septic to Sewer — Phase 2 The Utilities Department plans to convert 57 septic systems to central sewer and constru ' stub -outs for 47 vacant properties for future connection. The project area has a mixed land use of primarily resid: tial with a few commercial properties and is a financially disadvantaged community. The objective of this wor is to eliminate groundwater contamination caused by the poor treatment efficiencies of existing septic syste 's. The elimination of 57 septic systems will Reduce nutrient loading to the lagoon for an estimated 3,224 pounper year of TN and 520 pounds per year of TP. 4.1.2 Sebastian Septic to Sewer — Phase II Look at a cost share between City of Sebastian and County, also potentia for IRL NEP grant, to conduct ArcNLET modeling for these areas. This model determines the load at the recei ng waterbody, not the load from the septic system. This will be the basis for TMDL credits for septic system co ersion and assist with acquiring grant funds. 4.2 STORMWATER 4.2.1 North Relief Canal Low Energy Aquatic Plan ystem (LEAPSTM) The unique LEAPSTM will remove nutrients through a syst- m of plants that absorb nutrients from the canal water, filtering the stormwater before returning it to the canal . d IRL. This project is under final design. The project is estimated to remove up to 8,500 pounds per year of T and 1,400 pounds per year of TP. 4.2.2 North and South Relief Canal Mecha ical Water Lettuce Removal Systems This project will use a long reach excavator to ,-move water lettuce from the North and South Relief canals to prevent excess nutrient loading to the lagoo Two locations in these canals have already been identified for accumulating a large amount of water lettuce -nnually. The project is estimated to remove up to 5,900 pounds per year of TN and 1,400 pounds of per year of P. 4.2.3 Baffle Boxes Second generation/nutrient separatins baffle boxes have chambers with partitions connected to a storm drain. Stormwater flows into the first section of the box where most pollutants settle out. Water then overflows into the next section to allow further settf g before the water ultimately overflows to the stormwater pipe or receiving waterbody. Floating trays within e baffle box capture nutrients, suspended solids, organic material, trash, oils, and grease to prevent them from d. solving in the stormwater. Biosorption activated media can be added to the baffle box to create an environment with denitrification that increases nutrient removal. When regularly and properly maintained, baffle boxes s •stantially reduce TN, TP, and suspended solids. Baffle boxes could be ins ailed in areas with a lot of organic material, such as leaf litter, or trash to capture those materials before they en er the stormwater system. Baffle boxes could also be installed on County, municipality, and FDOT outfalls to major tributaries, canals, and the lagoon to reduce the amount of pollutants discharged to surface waters. OTETRA TECH 13 Draft Indian River County Lagoon Management Plan Outline April 2019 4.3.6 Captain Forster Hammock Preserve Captain Forster Hammock Preserve consists of 111 acres acquired by the County in 1998. The preserve includes several different community types such as sandy dunes and coastal scrub along the eastern portions of e preserve, and maritime hammock and mangroves within the western portion. The section of the preserve ab ing the lagoon was damaged from salt water inundation as a result of Hurricane Matthew and may have the pential to be Revitalized in a manner that will provide significant benefits to the lagoon. 4.3.7 Pelican Island National Wildlife Refuge The Pelican Island National Wildlife Refuge contains a mosaic of over 5,400 acres of wildlife abitat along the barrier island in northern Indian River County. The refuge is designated as a National Historic : ndmark, a Wetland of International Importance, and a candidate Marine Protected Area. The original holdings ithin the refuge have expanded over time through acquisition efforts by the United States Fish and Wildlife S ice (USFWS), state of Florida, and local governments. Indian River County owns, or shares ownership, on ap• oximately 200 acres within the refuge. The County works closely with the USFWS to ensure that manageme t of the areas is targeted at maximizing the potential wildlife habitat. The County intends to continue this colla oration to identify opportunities for projects that can enhance conditions within the lagoon. 4.3.8 Archie Smith Fish House The Archie Smith Fish House is part of the historical working waterfront i ebastian along Indian River Drive. The property includes a small tract (0.07 acres) on the east side of Indian' iver Drive with two buildings and the dock structure extending approximately 240 feet into the IRL. There ares= eral historically significant structures on the property: the historical residence just east of the public road, the ..ck, and the icehouse near the end of the pier. West of Indian River Drive, the property consists of approximate 1.1 acres of developed and undeveloped lands. The County plans to Revitalize these facilities as part of the management plan for the site. Part of this Revitalization may include identifying opportunities to enhce seagrass or oyster habitat in proximity to the site or evaluating the shoreline to determine if there are oppo nities for creating a living shoreline. 4.3.9 Spoil Island Enhancement Opportuniti The Indian River lagoon Aquatic Preserve's Island 1 -signation System had identified 43 islands within Indian River County. These islands are managed as conservat • n or recreation areas. Many of these islands are also designated by the Florida Fish and Wildlife Conservation C. mission (FWC) as Critical Wildlife Areas and are closed to public access. Spoil islands offer a unique opportunity to b -nd several of the objectives identified in this plan. The plan will discuss how the County could work with other g•: ernmental entities such as the Florida Inland Navigation District (FIND), Indian River Lagoon Aquatic Preserve DEP, and FWC to enhance habitat. In addition to the ecological aspects of the Revitalization, there would be p• ential increase in recreational opportunities. 4.4 COASTAL ENGINE ' ING Continue identifying living sho eline and stabilization projects across county. 4.4.1 Jungle Trail Sh eline Enhancement Living shoreline project t naturally protect historical Jungle Trail. 4.4.2 AIA Shoreli e' Enhancement Living shoreline prof ct to naturally protect State Road Al A and the pedestrian sidewalk for approximately two miles south of Sebastian Inlet. OTETRA TECH 15 Draft Indian River County Lagoon Management Plan Outline April 2019 6.0 RESEARCH NEEDS 6.1 MONITORING AND DATA MANAGEMENT Review and compile all historical records available for current and historical resources. Compile National Pollutant Discharge Elimination System data, LOB data, Kilroy data, muck presence data, and seagrass data, current and historical bivalve data, and hydrodynamic data. Prepare a Monitoring and Data Management Plan as part of the IRL Plan. 6.2 SEAGRASS BEDS Review historical information on the locations and extent of seagrass in the Indian River Coun y'portion of the IRL. Use SJRWMD data on the seagrass transects (lengths and densities of the seagrass beds /and aerial imagery of seagrass locations to evaluate historical seagrass extent, current extent, and changes ver time. Review water quality data and muck location information to determine where conditions may allow for eagrass growth and where projects to improve conditions will be needed before seagrass can regrow. Collab• ate with other organizations, such as FWC and Harbor Branch Oceanographic Institute, to evaluate pilot studi to test different techniques for seagrass planting to determine a viable method for assisting with seagrass ' -vitalization in this portion of the lagoon. 6.3 MUCK REMOVAL Muck is defined as black, organic -rich (greater than 10% organic m high water content (greater than 75% water by weight, greate sediments inhibit the growth of natural benthic communities include the review of available muck mapping data to evalua and benefits for additional surveys to provide a data set Evaluate nutrient flux from muck deposits to determine 6.4 BIOSOLIDS Approximately 70% of Class B biosolids in the biosolids applied to land application sites m or Class B biosolids. No treatment requir biosolids with high nutrient concentrati track where biosolids are being appli the soil. DEP recently created a Bi and potential opportunities for e November 2018 and were co and are treated as fertilizer er), mud -rich (greater than 60% silt and clay), than 90% water by volume) sediments. These d flux nutrients to overlying water. Research will the presence and quantities of muck. Evaluate costs at will allow the County to prioritize for muck removal. e nutrient loading to the IRL. tate are applied in Indian River, Brevard, and Osceola counties. All st meet the pathogen reduction requirements for Class AA, Class A, ments exist for nutrients when producing biosolids, which may lead to s being applied in the IRL watershed. As a result, it will be important to d, determine the nutrient content, if possible, and track levels of nutrients in olids Technical Advisory Committee to evaluate current management practices ancements to better protect Florida's water resources, and workshops began in eted in January 2019. Class A and AA Biosolids are not tracked for land application the industry. 6.5 COMMUNITY ' EVELOPMENT CONSIDERATIONS The Coastal Management Element of the County's Comprehensive Plan was revised on June 5, 2018 to update information and incorporate goals, objectives, and policy changes related to planning for sea level rise impacts as mandated by the state. Based on the analysis conducted during the comprehensive plan update, privately owned estuarine wetlands and undeveloped lagoon island conservation areas were determined to be the most vulnerable areas with respect to sea level rise inundation impacts. It is estimated that more than 85% of existing coastal wetlands are at risk of inundation under the three-foot sea level rise scenario. Consistent with the Coastal OTETRA TECH 17 Draft Indian River County Lagoon Management Plan Outline April 2019 7.0 PLAN PROGRESSION The Lagoon Management Plan will be implemented in two phases to entify the Research needs; select the projects required to Reduce nutrients inputs; Revitalize the naral IRL systems; Rally public support, understanding, and funding for long-term lagoon Revitalization; an 'Respond to the changing lagoon system. This first phase of the plan is Research focused, and identifie gaps in the existing data, provides new areas of needed Research, and implements well understood cost-effective projects to begin the process to Revitalize the IRL. This process will be long and difficult, given the cur ent state of the IRL and the added pressures of an increasing population, climate change, and limited funds his first phase will provide the science -based approach to efficiently plan and implement projects and program to Revitalize the IRL. The second phase will be a plan revision after thr=to five years. This second phase will use the data collected and lessons learned from this first phase of th- plan to provide an update that is focused on clearly defined objectives with specific measurable goals. Pr.jects will be selected based on their ability to achieve the plan objectives in the most cost-effective manner •ossible. TETRA TECH 19 Draft Indian River County Lagoon Management Plan Outline April 2019 • Rural Development Rural Utilities Service Guaranteed and Direct Loans and Grants — The U.S. Department of Agriculture's program provides a combination of loans and grants for water, wastewater, and olid waste projects to rural communities and small incorporated municipalities. • Small Cities Community Development Block Grant Program — The Florida Depart nt of Economic Opportunity makes funds available annually for water and sewer projects that benefit •w- and moderate - income persons. • State Housing Initiatives Partnership Program — Florida Housing administers th- program, which provides funds to local governments as an incentive to create partnerships that pro. 4ce and preserve affordable homeownership and multifamily housing. The program is designed to provi. - very low, low- and moderate - income families with assistance. Funding may be used for emerg ncy repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fe-s, construction and gap financing, mortgage buy -downs, acquisition of property for affordable housin• matching dollars for federal housing grants and programs, and homeownership counseling (htt.://www. loridahousin..or• ). • Rural Development Funding — The U. S. Department of Agricul re provides funds that will cover the repair and maintenance of private septic systems. The amount of fu ds available, as well as the specific purposes for which grants are intended, changes from year to year. ° dditional details are posted on the Department of Agriculture's website (htt•s://www.rd.usda.•ov/•ro.r s -services). • FIND— FIND Waterways Assistance Program provid-. grant funding for waterway related projects including navigation channel dredging, channel markers, n. igation signs or buoys, boat ramps, docking facilities, fishing and viewing piers, waterfront boardwks, inlet management, environmental education, law enforcement equipment, boating safety progr.ms, beach re -nourishment, dredge material management, environmental mitigation, and shoreline sta•' ization. • National Oceanic and Atmospheric Ad istration — The Coastal Partnership Initiative was developed to promote the protection and effective ► anagement of Florida's coastal resources in four specific priority areas: (1) resilient communities, (2) •.astal resource stewardship, (3) access to coastal resources, and (4) working waterfronts. • FWC — FWC provides funding rough grants such as the Florida Boating Improvement Program, Boating Infrastructure Grant, and FI. ida's State Wildlife Grants Program that promote recreational boating or improve wildlife habitat. 8.2 COORDINATING - FORTS WITH LOCAL STAKEHOLDERS Coordination among the County, state agencies, water management districts, County municipalities, water control and other special districtst, FDOT, universities and research institutions, the public, and federal regulatory agencies will be a key component to Rally support and funding for the long road to IRL Revitalization. TETRA TECH 21 Departmental Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES 12.&.1. Date: April 1, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Rich Meckes, Wastewater Superintendent ` Subject: Chemtrade Price Change BACKGROUND/ ANALYSIS: On September 11, 2018, the Indian River County (IRC) Board of County Commissioners (BCC) approved the award for Bid 2019003 for Liquid Aluminum Sulfate. IRC Department of Utility Services (IRCDUS) has been purchasing Liquid Aluminum Sulfate under this agreement since October 1, 2018. The approved bid award for Fiscal Year (FY) 2018/2019 was based on the price of $0.5672 per gallon. Paragraph 2. C. of the agreement states the Bid Award may be renewed, by mutual agreement, for two (2) additional ONE (1) YEAR periods, up to a cumulative total of THREE(3) YEARS at the same prices, terms and conditions. Any change in price, terms or conditions shall be accomplished by written amendment to this award with final approval requiring BCC action. Chemtrade Chemicals US LLC submitted correspondence on December 19, 2018, to our Purchasing Department with a request to increase their current pricing (see attached email). In their words, they listed the following reasons for their request: 1. The United States (US) government has instituted tariffs on imported aluminum products. This has had a greatly increased effect on the cost of alumina in all forms, as imported materials now have hefty tariff charges. This has caused the cost of raw alumina to increase globally well above market indexes for imported material as well as from the domestic suppliers. 2. Sulfuric Acid has seen dramatic increases for 2019. In many cases, we have seen our plants receive increases as much as $40+ per ton for 2019. At our Tampa Plant, which is what supplies your account, we received a $53/Ton increase for 2019. Alum consists of almost 50% acid, therefore the alum costs from acid increase alone has gone up $26.50 per dry ton. 3. As a result of a significant shortage in truck drivers in the US, trucking rates have seen unprecedented increases. In mid -2018, Chemtrade received rate increases from our tank truck common carrier that resulted in 50-70% increases, for many hauls, in our freight costs to deliver product. These are costs that were not able to be captured and taken into consideration in the original bid, which was conducted prior to Chemtrade receiving the increase. C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf8\@BCL@A80D9BA2\@BCL@A80D9BA2.Doc Pagej ff Chemtrade is requesting that the current price of $0.5672 per gallon be increased by $0.0946 per gallon to $0.6618 per gallon due to the conditions listed above. All other terms and conditions of the agreement will remain the same with the exception of the increased price per gallon. The current FY 2018/2019 encumbrance for Aluminum Sulfate for the Wastewater Treatment Facilities (WWFT) 47121836-035230 is $65,000.00, and $22,500 for the Residuals Dewatering Facility (RDF). The encumbrance and totals needed are reflected below. Since the total needed for the year is less than the encumbrance, no additional funding will be required in order to cover the price increase. ACCOUNT NUMBER ACCOUNT NAME ENCUMBERED EXPENSES THROUGH PROJECTED EXPENSES BALANCE REMAINING AFTER TOTAL 03/31/19 04/01 to ANNUAL 09/30/19 EXPENSES 47121836-035230 Chemicals WWTF $ 65,000.00 $ 15,913.77 $18,619.00 $30,467.23 47125736-035230 Chemicals RDF $ 22,500.00 $ 9,849.79 $11,524.00 $ 1,126.21 FUNDING: Funds for this project are derived from the Chemicals budget in the Operating fund. Operating funds are generated from water and sewer sales. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Chemtrade request of a price increase for the remainder of the current contract year for the purchase of Aluminum Sulfate, and direct the Purchasing Manager to issue a change order to Chemtrade on Purchase Order 81917 to memorialize the price per gallon change. The total dollars encumbered do not need to change. ATTACHMENTS: 1. December 19, 2018, E -Mail Request for Price Increase from Chemtrade C:\Users\Legistar\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@A80D9BA2\@BCL@A80D9BA2.Doc 139 From: Richard Meckes To: Richard Meckes Subject: Chemtrade Date: Monday, March 18, 2019 3:19:26 PM From: Peters, Paul[mailto:PPetersPchemtradelogistics.com] Sent: Wednesday, December 19, 2018 10:14 AM To: Purchasing Division <purchasingPircgov.com> Cc: Martin, Vincent <VMartinPchemtradelogistics.com> Subject: Chemtrade Alum Pricing = Indian River County, FL December 19, 2018 Ms. Diane Lystlund Buyer — Indian River County 400 ange ven ue Orlando, II 32801 Dear Ms. Lystlund, I am writing to you as Chemtrade is the current supplier to you for Liquid Aluminum Sulfate (Alum) as part of your water treatment chemical needs. Going into 2019 we are seeing significant cost increases for making and delivering Alum to your facility. In fact, you are receiving this due to a review of our accounts and we will be losing cash at the current price, in essence paying Indian River County to order Alum from Chemtrade. Here are a few points to help justify and clarify our price request. 1. The US government has instituted tariffs on imported Aluminum Products. This has had a greatly increased effect ont he cost of alumina in all forms, as imported materials now have hefty tariff charges. This has caused the cost of raw alumina to increase globally well above market indexes for imported material as well as from the domestic suppliers. 2. Sulfuric Acid has seen dramatic increases for 2019. In many cases we have seen our plants receive increases as much as $40+ per ton for 2019. At our Tampa Plant, which is what supplies your account, we received a $53/Ton increase for 2019. Alum consists of almost 50% Acid, therefore the Alum costs from acid increase alone has gone up $26.50 per dry ton. 3. As a result of significant shortage in truck drivers in the US trucking rates have seen unprecedented increases. In mid -2018, Chemtrade received rate increases from our tank truck common carrier that resulted in 50-70% increases, for many hauls, in our freight costs to deliver product. These are costs that were not able to be captured and taken into consideration in the original bid which was conducted prior to Chemtrade receiving the increase. 140 Based on the above information, Chemtrade is requesting price relief to continue supplying Alum to your facility. Obviously, since we are at a point of losing cash money on sales of the product is not sustainable for Chemtrade or the viability of our production plant. Chemtrade would like to request a price increase of $35 per dry ton to assist with the substantial increases we are absorbing, effective January 1, 2019. The requested price increase of $35 per dry ton does not cover all the increases we have seen. We are asking for a portion of the increases to assist with covering the cost increases we have received ourselves. The current price to Indian River County is $209.95 per dry ton, and the new requested price would be $244.95 per dry ton. I would appreciate your considering this information in reviewing our requested price increase. Chemtrade fully understands that we may be in the middle of a bid contract, yet we feel we have no alternative other than reaching out and asking for assistance and your willingness to work with us on this matter. We are open to your thoughts on this if you have suggestions. Feel free to email or call myself, or Vincent Martin, Florida Account Manager, at 704-904- 3003. Vincent is also copied on this message. Thank you for being a Chemtrade customer and we look forward to working together to find a resolution to this situation. Regards, Paul Peters Business Manager — Water Chemicals Chemtrade Chemicals US LLC ppetersPchemtradelogistics.com 256-318-4452 (mobile) Indian River County Utilities Rich Meckes 4350 41st Street Vero Beach FL 32967 Office 772-226-3423 Fax 772-226-3419 141 /3.A, Office of Attorneys Matters 04/09/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: April 3, 2019 SUBJECT: Request for Permission to Advertise: Tethering Ordinance Amendment In September 2018, the Board of County Commissioners heard a presentation from Betsy Begens concerning proper and improper tethering practices for dogs. A draft ordinance was presented to the Board and the Board discussed various aspects of tethering dogs and the existing County code on the subject. Staff was directed to meet with Ms. Begens and a meeting was held with Ms. Begens, Tad Stone, Jason Ogilvie and Ilka Daniels from the Humane Society. The group discussed proposed changes to the current ordinance. The attached proposed ordinance amendment is now presented to the Board for consideration and discussion. The proposed ordinance amendment provides for the following: • Provides a definition for tethering • Prohibits tethering for more than one hour between the hours of 9 am and 5 pm when the outdoor temperature exceeds 90 degrees Fahrenheit. • Prohibits tethering during any severe weather or natural disaster. • Prohibits tethering if the animal is less than 6 months of age. As directed by the Board, staff researched whether any of the municipalities in the County have ordinances concerning tethering. Sebastian, Vero Beach and Fellsmere have no tethering ordinances. Staff reached out to the chiefs of police for these municipalities for their opinion on the ordinance amendment. The responses were as follows: • Ok with the ordinance but concerned about the lack of protection for the tethered animal • Prefer not to allow tethering, but if it is allowed, only one tether per dog, owner must be able to see dog at all times and no collars, only a harness • No concerns To date in 2019, no tethering violations of the existing ordinance have been issued. In 2018, two violations were issued with eight violations issued in 2017. 142 Permission to Advertise: Tethering Ordinance Amendment April 3, 2019 Page 12 Funding: There is no impact to County funds for this item but if the Board directs staff to advertise for a code amendment, the cost of an advertisement in the Press Journal is approximately $250.00 and would be paid from Account No. 00125062-034910 (General Fund/Animal Control/ Legal Ads). Recommendation: Discuss the proposed ordinance amendment and direct staff to either proceed with advertising with the code amendment or decide that no amendment is needed at this time. Attachment: Proposed Ordinance Amendment Copies to: Tad Stone, Emergency Services Director Jason Ogilvie, Animal Control Manager Ilka Daniels, Humane Society of Vero Beach/Indian River County Betsy Begens 143 ORDINANCE NO. 2019 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302, ANIMAL CONTROL AND KENNEL REGULATIONS, PART I, ANIMAL CONTROL, SECTION 302.02, DEFINITIONS AND GENERAL PROVISIONS; AND SECTION 302.051 CRUELTY TO ANIMALS, OF THE INDIAN RIVER COUNTY CODE OF ORDINANCES MODIFYING TETHERING REGULATIONS, PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, healthy dogs need regular exercise and dog owners may not always be able to provide fencing to keep their dogs on their own property while the dog enjoys its time outside; and WHEREAS, owners have utilized tethers, leashes or trolley systems as an alternative to a fence to provide their animal with much needed outdoor time; and WHEREAS, dog owners sometimes use improper tethering practices that are harmful and hurtful to their dog resulting in animal neglect and/or cruelty; and WHEREAS, the Board deems it necessary to provide owners guidance for property tethering practices in order to protect the animal from inhumane conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 302.02 (Definitions and general provisions) and Section 302.051 (Cruelty to animals) of Part I (Animal Control) of Chapter 302 (Animal Control and Kennel Regulations). Section 302.02 (Definitions and general provisions) and Section 302.051 (Cruelty to animals) of Part I (Animal Control) of Chapter 302 (Animal Control and Kennel Regulations) of the Code of Indian River County, Florida are hereby amended to read as follows: Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 1 144 ORDINANCE NO. 2019 - CHAPTER 302. ANIMAL CONTROL AND KENNEL REGULATIONS. PART 1. ANIMAL CONTROL *** Section 302.02. - Definitions and general provisions. 35. Tether: A tether shall be defined as a trolley system, chain, cord, leash, cable, or similar device which is attached to one or more fixed points to include, without limitation, a house, tree, fence, post, garage, or shed, used to confine a dog or cat to the owner's property and designated to be used for such purposes Means a rope, leash longer than six (6) fect, pulley run, or othcr mens of constraint that is attached to the animal by a properly applied collar, halter or harness and configured so as to protect the animal from injury and prevent entanglement with other objects and/or animals. * * * Section 302.051. - Cruelty to animals. (A) Pursuant to F.S. § 828.12, as may be amended from time to time, cruelty to animals is a criminal offense. The animal control division shall investigate reported incidents involving cruelty to animals and support investigations by other law enforcement agencies when so requested and refer cases where probable cause exists to the state attorney's office for criminal prosecution. (B) The following are cruelty to animal violations under this chapter, and, pursuant to F.S. § 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the citation issued for the violation(s), for any person: (1) To tether, impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements to fail to provide protection from the elements, clean quarters, and medical attention for sickly, diseased, or injured animals; or to abandon any animal. However, this chapter shall not require the provision of protection from the elements and clean quarters for livestock in open pasture. To leave or deposit any poison or any substance containing poison, in any common street, alley, lane, or road of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. (C) The following are cruelty to animal violations under this chapter that do not require mandatory court appearances, except as otherwise set forth herein, for any person: Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 2 145 ORDINANCE NO. 2019- (1) To injure any domestic animal by any means and fail to notify the owner of such animal, or, if the owner cannot be notified, then notice shall be given either to an officer or the county 911 system. (2) To tease or molest an animal. (3) As an operator of a motor vehicle, to allow an animal to occupy any unenclosed section of that vehicle without restraining and securing the animal in a manner which does not present a danger to the animal or to others. (4) As an operator of a motor vehicle, to place or confine an animal or allow the animal to be placed, confined, or remain in an unattended motor vehicle without sufficient ventilation or under conditions for such a period of time as may reasonably be expected to endanger the health or well being of such animal due to heat, lack of water, or such other circumstances as may reasonably be expected to be cruelty or otherwise cause suffering, disability or death. Any officer who finds an animal in a motor vehicle in violation of this section may enter the motor vehicle by using the amount of force which is reasonably necessary to remove the animal. that is ten (10) feet or less in length for more than ten (10) consecutivc heurs in any one (1) twenty four hour period. that is ten (10) feet or Tess in length during any natural disaster, including, but not limited to, fires, hurricanes, and tornadoes. D. Exceptions to tethcr prohibitions: An animal may be exclusively restrained by a tether provided it meets all of the following requirements: al The tether is more than ten (10) feet in length, with swivels at both ends; (2) The tether is properly attached to a pulley or trolley mounted on a cable that is also more than ten (10) feet in length; (3) The pulley or trolley is mounted at least four (4) feet and no more than seven (7) feet above ground level in a manner so as not to interfere, or become entangled, with objects on the property; al The tethering system employed does not allow the animal to leave the owner's property; (5) The tether is a cable not greater than 3/16 inches in diameter and Tthe tether does not weigh more than one-eighth (1/8) of the animal's body weight; tql The tether is attached to a properly fitting collar or harness worn by the animal; and Coding: Words underscored are additions to text; words in ctrikethrough format are deletions to text. 146 3 ORDINANCE NO. 2019- (7) The collar or harness is not a choker collar. (E) It shall be a violation of this part to restrain an unattended animal by means of a choker/training collar or tether that is ten (10) feet or less in length: (1) For more than one hour between the hours of 9 am and 5 pm when the outdoor temperature exceeds 90 degrees Fahrenheit; al During any severe weather or natural disaster, including, but not limited to, fires, tropical storms/depressions, hurricanes, thunderstorms and tornadoes; or al If the animal is less than 6 months of age. If the dog is sick or injured. (F) It shall not be a violation of this part to restrain an unattended animal by means of a choker/training collar or tether that is ten (10) feet or less in length in a manner set forth in (E) above if: (1) The animal is tethered in accordance with the regulations of a camping or recreations area; (2) The animal is being cared for as part of a rescue operation during a natural or manmade disaster; (3) For a puppy under the age of six months old, if attended to at all times by the owner, harborer or keeper; (4) The dog is in attendance at, or participating in, any legal, organized publicly attended event in which both the dog and the owner are permitted attendees or participants; (5) The dog is actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock or a related business of cultivating agricultural products, as long as the restraint is necessary for the safety of the dog; (6) The dog is tethered, chained, tied or restrained by a veterinarian or groomer while attending to the dog; (7) The dog is trained or being trained, to act in a law enforcement capacity; (8) The dog is being lawfully used to actively hunt a species of wildlife in the State of Florida, during the hunting season, for that species of wildlife; or (9) The dog is tethered temporarily while being kept in an approved bona fide shelter. Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. 147 4 ORDINANCE NO. 2019- (G)In no case shall a dog be tethered outside if the owner, has been issued a "letter of dangerous propensity" for that dog by the Animal control authority, or if the dog has been declared dangerous in accordance with Chapter 767, Florida Statutes, or if the person responsible for the dog has knowledge of the dog's prior aggressiveness, unless the tethered dog is in a fenced enclosure that will prevent the public or domestic animals from coming in contact with the tethered dog; SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect on or upon filing with the Florida Secretary of State, whichever occurs later. This ordinance was advertised in the Press Journal on the _ day of , 2019, for a public hearing on the day of , 2019, at which time it was moved for adoption by Commissioner , and seconded by Commissioner and adopted 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 thereupon declared the ordinance duly passed and adopted this day of , 2019. Coding: Words underscored are additions to text; words in ctrikethrough format are deletions to text. 5 148 ORDINANCE NO. 2019 - INDIAN RIVER COUNTY, FLORIDA, Attest: Jeffrey R. Smith, Clerk of by its Board of County Commissioners Court and Comptroller By By Deputy Clerk Bob Solari, Chairman Approved as to form and legal sufficiency William K. DeBraal, Deputy County Attorney ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of , 2019. Coding: Words underscored are additions to text; words in etrikethrough format are deletions to text. 149 6 13,B, Office of Attorney's Matters 04/09/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attorney DATE: April 3, 2019 SUBJECT: Grant of Easements to the City of Vero Beach for the former Dodgertown Golf Course Property On January 22, 2019, the Board of County Commissioners approved a revised offer to purchase the former Dodgertown Golf Course from the City of Vero Beach. The City approved the revised offer on February 5, 2019, with the deletion of one whereas clause, which was approved by the Board on February 12, 2019. The City has asked the County for certain easements over the property. Those easements are as follows: D A 15' Utility Easement for water and sewer running parallel and adjacent to 43rd Avenue from Aviation Boulevard to the Main Relief Canal. The proposed Utility Easement is attached to this memorandum. D A 20' Drainage and 1.27 acre Stormwater easement for stormwater drainage and treatment from Aviation Boulevard in its improved four lane design. The proposed stormwater easement area covers an existing pond near the cloverleaf ball ballfields. The proposed Easement for Drainage and Stormwater is attached. D An Avigation Easement covering 3.66 acres over the northwest corner of the Property adjacent to 43rd Avenue and Aviation Boulevard. An avigation easement allows the holder of the easement to conduct the normal operations of an airport and airplane traffic. The easement also prohibits construction of towers over 100' in height, trees over 100' in height, certain types of glare producing lighting and creating an environment that would attract or result in a concentration of birds. As the County develops its plans for improvement of the Property, the City's Airport Director will have to be consulted to make sure the plans are in compliance with the Avigation Easement and FAA regulations. Keep in mind this easement covers only about 10% of the entire Property. Staff has no objection to the three easements as they provide a beneficial purpose to the public with a minor impact to the Property. 150 Easements for Dodgertown Golf Couse April 3, 2019 Page 12 Funding: There is no impact to County funding as a result of the easements. Recommendation. Staff recommends the Board approve the Utility Easement, the Easement for Drainage and Stormwater and the Avigation Easement to the City of Vero Beach for the former Dodgertown Golf Course property and authorize the Chairman to execute the Easements on behalf of the Board. Attachment: Utility Easement Drainage and Stormwater Easement Avigation Easement Copies to: Richard B. Szpyrka, P.E., Public Works Director Michael Zito, Assistant County Administrator 151 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 279' Street Vero Beach, FL 32960 772-226-1425 UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT, made and executed this day of April, 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called COUNTY, and the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389, hereinafter called CITY; WITNESSETH: COUNTY purchased from the City, a 35± acre parcel of property (the Property) located at the south east corner of 43rd Avenue and 26th Street. The property was the site of the former Dodgertown Golf Course. CITY has certain improvements upon the Property that the City needs to retain, namely a utility easement for City water and sewer lines over the west 15' of the Property and a small portion over the southwest corner of the Property. Now, therefore, COUNTY, for and. in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the CITY, an exclusive easement for utilities over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto And COUNTY hereby covenants with the CITY that the COUNTY is lawfully seized of said servient land in fee simple, and that the COUNTY has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. And CITY hereby shall for itself, its successors, and assigns have the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage for Grantee, and its employees, agents, and contractors on, over, under, and across the Easement Premises for inspection, construction, and maintenance of utility pipes, equipment and facilities. 152 IN WITNESS WHEREOF, the COUNTY has executed this Easement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 2 153 Property Description Water and Sewer Easement #2018 -EG -233, Rev 1 February 4, 2019 EXHIBIT "A" PROPERTY DESCRIPTION WATER & SEWER EASEMENT #2018 -EG -233 PARCELS #32-39-26-00011-0230-00001.3 & 32-39-26-00011-0230-00001.1 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 03, Township 33 South, Range 39 East, and being more particularly bounded and described as follows: A water and sewer easement of varying widths: described as follows: Commencing at the northwest corner of Section 03, Township 33 South, Range 39 East; Thence South 00°00'47" West along the west line of said Section 3 for a distance of 72.01; Thence South 89°45'39" East for a distance of 50.00 feet to a point on the east right of way line of 43rd Avenue, said point also being the Point of Beginning of a water and sewer easement; Thence South 00°00'47" West along the east right of way line of 43rd Avenue for a distance of 1203.71 feet; Thence South 07°48'44" East along said east right of way line for a distance of 139.55 feet; Thence South 00°00'47" West along said east right of way line for a distance of 75.08 feet; Thence South 10°28'14" West along said east right of way line for a distance of 33.06 feet; Thence South 00°00'47" West said east right of way line for a distance of 345.67 feet; Thence South 04°41'53" West along said east right of way line for a distance of 159.16 feet; Thence South 00°00'47" West along said east right of way line for a distance of 88.90 feet to the southwest corner of Dodgertown Parcel 3-A as recorded in Official Records Book 1961, Page 968 of the Public Records of Indian River County; Sheet 1 of 3 154 Thence North 69°22'53" East along the south line of Parcel 3-A for a distance of 104.39 feet; Thence North 85°09'32" West for a distance of 82.99 feet; Thence North 00°00'47" East for a distance of 44.52 feet; Thence North 04°41'53" East for a distance of 159.16 feet; Thence North 00°00'47" East for a distance of 344.91 feet; Thence North 10°2814" East for a distance of 33.06 feet; Thence North 00°00'47" East for a distance of 77.47 feet; Thence North 07°48'44" West for a distance of 139.55 feet; Thence North 00°00'47" East for a distance of 1217.63 feet; Thence South 45°07'34" West for a distance of 21.17 feet to the Point of Beginning; Said easement containing 32,323 square feet or 0.74 acres more or Tess. Note: The side lines of the above described easement are to be shortened or prolonged to meet at angle points, property lines, and right of way lines. David Gay, PSM #5 S:1Property Descriptions\201912018-EG-233_Dodgertown Water and Sewer Rev 1_Feb 4 2019.doc Sheet 2 of 3 155 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 S00°00147W 72.01' S89°45'39"E 50.00' S00°00'47"W 1203.71' POINT OF BEGINNING (15' WATER& SEWER EASEMENT) �- S89'45'38"E--794.99' S45°07'21 "W. 21.17' 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1-A O.R, 8K 1961, PG 956 S07°48'44"E 139.55' 15.0' N00°00'47"E 1217.63' 32-39-26-00011-0230-00001,2 PORTION OF DODGERTOWN PARCELS 2-A & 1-C O.R, 8K 2517, PG 547 SUBJECT EASEMENT (15' WATER & SEWER) N07°48'44"W 139.55' N00°00'47"E 77.47' S00°00'47"W 75.08' S 10°28' 14"W 33.06' S00°00'47"W 345.67' SO4 °41'53"W 159.16' S00°00'47"W -1- 88.90' THIS SKETCH IS NOT A SURVEY !-6 N10°28'14"E 33.06' N00°00'47"E 344.91' -15.0' N04°41'53"E 159.16' N00°00'47"E 44.52' N85°09'32"W 82.99' I-- 1 N69°22'53"E 104.39' 32-39-26-00011-0230-00001.1 WESTERN PORTION OF DODGERTOWN PARCEL 3-A OA, 81< 1961, PG 968 DAVID GAY, PSM 97:3 DATE SHEET 3 OF 3 CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY & ENGINEERING DIVISION SKETCH OF PROPERTY DESCRIPTION WATER AND SEWER EASEMENT PORTION OF SECTION 03-33---39 REV. N0. ` AUTHRZD,BY EXHIBIT ..A.. RB CITY PROJECT NO, DRYM:BY DATE 2018 -EG -233 DD 2/2019 DATE DRWN BY 1CHKD BY DESCRIPTION 05/20181 DG MKF ADJIJ510D 5 POBTIO5 m 156 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 27th Street Vero Beach, FL 32960 772-226-1425 DRAINAGE AND STORMWATER EASEMENT THIS GRANT OF DRAINAGE AND STORMWATER EASEMENT, made and executed this day of April, 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called COUNTY, and the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389, hereinafter called CITY; WITNESSETH: COUNTY purchased from the City, a 35± acre parcel of property (the Property) located at the south east corner of 43rd Avenue and 26th Street. The property was the site of the former Dodgertown Golf Course. CITY has certain improvements upon the Property that the City needs to retain, namely a twenty (20) foot wide drainage easement running from Aviation Boulevard south to the stormwater pond near the ballfield cloverleaf and an easement for stormwater over said pond for the proposed expansion of Aviation Boulevard to four lanes. Now, therefore, COUNTY, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the CITY, an non-exclusive easement for drainage and stormwater over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" and Exhibit "B" attached hereto And COUNTY hereby covenants with the CITY that the COUNTY is lawfully seized of said servient land in fee simple, and that the COUNTY has good right and lawful authority to convey the easements established hereby and will defend the same against the lawful claims of all persons whomsoever. And CITY hereby shall for itself, its successors, and assigns have the right to use the Easement Premises for purposes not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage for Grantee, and its employees, agents, and contractors on, over, under, and across the Easement Premises for inspection, construction, and maintenance of utility pipes, equipment and facilities. 157 IN WITNESS WHEREOF, the COUNTY has executed this Easement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 2 158 Property Description Drainage Easement (#2019 -EG -250A) February 4, 2019 EXHIBIT "A" PROPERTY DESCRIPTION DRAINAGE EASEMENT #2019 -EG -250A PORTIONS OF DODGERTOWN PARCELS 2-A AND 3-A PARCEL #1s 32-39-26-00011-0230-00001.2 AND 32-39-26-00011-0230-00001.1 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: A 20' wide drainage easement lying 10 feet of each side of the following described centerline: Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East; Thence South 00°00'47" West along the west line of said Section 3 for a distance of 30.00 feet; Thence South 89°45'39" East and parallel with the north line of said Section 3 for a distance of 211.03 feet to a point on the south right of way of the Indian River Farms Water Control District Canal A-3; Thence continue South 89°45'39" East along the south right of way of said Canal A-3 for a distance of 612.44' to a point on the centerline and Point of Beginning of a 20 foot wide drainage easement; Thence from the Point of Beginning run South 00°14'12" west along said centerline of drainage easement for a distance of 946.19 feet; Thence South 44°12'50" East along said centerline of easement for a distance of 28.40 feet to the Point of Terminus, said point being on the northwesterly line of the drainage easement recorded in Official Records Book 2878, Page 504 of the Public Records of Indian River County, Said Easement containing 19,496 square feet more or less. David Gay, PSM #59: S:\Property Descriptions\201912019-EG-250A_Dodgertown Drainage_Feb 4 2019.doc Sheet 1 of 2 1 SOUTH SECTION UNE 33-32-39 I- NORTH SECTION LINE 04-33-39 9 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 SCALE 1"= 250' 1-751_ b o ------ / 30.00' 26TH STREET (WALKER AVE) SOUTH SECTION UNE 34-32-39 INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 NORTH SECTION LINE 03-33-39/•' THIS SKETCH IS NOT A SURVEY I01 N V1 S89°45'39'E 75.00'POINT OF BEGINNING (CENTERLINE OF 20' DRAINAGE EASEMENT) 50' S89245'39"E 748.46' 1- 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1-A O.R. BK 1961, PG 956 3239-26-00011-0230-00001.2 DODGERTOVVN PARCEL 2-A O R 8K 2517, PG 547 S00°14'12"W - 946.19' SUBJECT EASEMENT (20' DRAINAGE) I , II 11 I II 50' S44°12'50"E 32.46' / PROPOSED DRAINAGE EASEMENT TO CITY OF VERO BEACH 32-39-26-00011-0230-00001.1 DODGERTOWN PARCEL 3-A O.R. BK 1961, PG 968 ADDITIONAL RIGHT OF WAY (OR BK 2878, PG 480) O.R. IN 1961. PC 968 20' HOLMAN STADIUM 32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1-C O.R. BK 1426, PG 555 PORTION OF DODGERTOWN PARCEL 2-A O.R. BK 1758, PG 523 l POND - - 1 POINT OF TERMINATION POND l DRAINAGE EASEMENT TO CITY OF VERO BEACH (OR BK 2878, PG 504) PORTION OF DODGERTOWN PARCEL 3-A O.R. BK 2517, PG 551 BALLFIELOS POND DAVID GAY, PSM #597 _--" DATE --- SHEET 2 OF 2 CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT PORTION OF SECTION 03-33-39 EXHIBIT "A" REV. NO AUTHRZD.BY CITY PROJECT NO. 2019 -EG -250A DRYM.8Y DATE DATE 01/2019 ORWN BY DG MKF DESCRIPTIO 160 Property Description Drainage Easement (#2019 -EG -2508) January 24, 2019 EXHIBIT "B" PROPERTY DESCRIPTION DRAINAGE EASEMENT #2019 -EG -250B PORTION OF DODGERTOWN PARCEL 3-A PARCEL # 32-39-26-00011-0230-00001.1 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East; Thence South 00°00'47" West along the west line of said Section 3 for a distance of 30.00 feet; Thence South 89°45'39" East and parallel with the north line of said Section 3 for a distance of 75.00 feet to a point on the south right of way of the Indian River Farms Water Control District Canal A-3; Thence continue South 89°45'39" East along said south right of way for a distance of 794.99 feet to the northeast corner of the property described in Official Record Book 2517, Page 547 of the Public Records of Indian River County; Thence South 03°32'27" West along the east line of said property for a distance of 582.12 feet; Thence South 00°14'21" West along the east line of said property for a distance of 360.85 feet to the northwest corner of the property described in Official Record Book 2517, Page 551 of the Public Records of Indian River County; Thence South 02°50'58" East along the west line of said property for a distance of 30.75 feet to the Point of Beginning of the following described drainage easement; Thence from the Point of Beginning continue South 02°50'58" East along the west line of said county property for a distance of 676.92 feet to a point on a non - tangent curve, concave to the northeast; Thence Northwesterly along said curve, having a radius of 352.00 feet, chord bearing of North 25°41'58" West, and a chord distance of 273.37 feet for a distance of 280.76 feet to a point of tangency; Sheet 1 of 3 161 Property Description Drainage Easement (#2019 -EG -250B) January 24, 2019 Thence North 02°50'58" West for a distance of 173.07 feet tothe point of curvature of a curve concave to the southeast; Thence Northeasterly along said curve having a radius of 352.00 feet, chord bearing of North 20°00'01" East, and a chord distance of 273.37 feet for a distance of 280.76 feet to the Point of Beginning; Said easement containing 55,266 square feet more or less. David Gay, PSM #5973 S:1Property Descriptions\2019\2019-EG-250B_Dodgertown Drainage_Jan 24 2019.doc Sheet2of3 162 4.5j F-7sy 800°00147"W `n I SOUTH SECTION LINE 33-32-39 30.00'_ 26TH STREET_STR (WALKER AVE)__T T— NORTH SECTION UNE 04-33-39 Q� INDIAN RIVER FARMS WATER CONTROL DIICT CANAL A3 S89°45'39"E 794.99' 1— M POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 SCALE 1"= THIS SKETCH IS NOT A SURVEY S89°45'39"E 75.00' I-50' I I n I I I h M � n ` zlz I ! SUBJECT EASEMENT (DRAINAGE) 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1-A O.R. BK 1961, PG 956 32-39-26-00011-0230-00001.2 DODGERTOWN PARCEL 2-A O.R. BK 2517, PG 547 CV CO 10 N N M CO 0 0) SOUTH SECTION UNE 34-32-39 NORTH SECTION UNE 03-33-39 HOLMAN STADIUM 32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1-C 0.R. BK 1426, PG 555 POINT OF BEGINNING co (DRAINAGE EASEMENT) PORTION OF / DODGERTOWN PARCEL 2-A ^O.R. BK 1758, PG 523 0 cn �� l I I . POND , --J L=280.76' R=352.00' CHD BRG=N20°00'01"E CHD=273.37' 32-39-26-00011-0230-00001.1 DODGERTOWN PARCEL 3-A O.R. BK 1961, PG 968 OIU ADDITIONAL RIGHT OF WAY (OR BK 2878, PG 480) S02°50'58"E 30.75' L=280.76' R=352.00' CHD BRG=N25°41'58'W CHD=273.37' N N cv PORTION OF DODGERTOWN PARCEL 3-A O.R. BK 2517, PG 551 POND 8ALLFIELDS PP1�CE/T_0�. W\Ot G PN s\— vi`PIN 1RFwC°l3 d R 1`r'� DAVID GAY, PSM #5973, DATE SHEET 3 OF 3 CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT PORTION OF SECTION 03-33-39 EXHIBIT "B" CITY PROJECT NO. 2019—EG-2508 DATE I DRWN BY 01/20191 DG I MKF REV. NO. AUTHRZD.BY DESCRIPTION 163 AVIGATION EASEMENT THIS AVIGATION EASEMENT (hereinafter "Easement") is made and granted this day of 2019, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter the "GRANTOR," in favor of the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389, hereinafter the "GRAN TEE." WITNES SETH: WHEREAS, GRANTOR is the sole record owner in fee simple of that certain real property situated in Indian River County, Florida, which is more particularly described as follows: (See Exhibit "A" attached hereto and incorporated herein by this reference), hereinafter called GRANTOR'S "Property," said Property being located as approximately depicted on the map attached hereto as Exhibit "B" incorporated herein by this reference; and WHEREAS, GRANTEE is the owner and operator of the Vero Beach Regional Airport (hereinafter "Airport" as it now exists or may hereafter be enlarged, expanded and/or further developed or re -named), situated in the City of Vero Beach, Indian River County, Florida; and WHEREAS, GRANTOR'S Property is in close proximity to GRANTEE'S Airport; and WHEREAS, GRANTOR anticipates making improvements and developing the Property for passive recreations, environmental projects or activities that are ancillary to and consistent with the use of the Dodgertown Property and, although the Airport currently has a voluntary comprehensive noise abatement program, GRANTOR recognizes that the Property is and will continue to be subject to noise and other effects from aircraft operations as a result of the Property's proximity to the Airport; and WHEREAS, GRANTOR and GRANTEE desire to preserve for the use and benefit of the public its right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about or in the vicinity of the Airport; and WHEREAS, GRANTOR has heretofore agreed, and desires hereby, to grant to GRANTEE an avigation easement over, across and through the GRANTOR'S Property for such free and unobstructed flight of aircraft landing upon, taking off from, or maneuvering about or in the vicinity of the Airport; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the purposes of complying with all applicable laws and regulations of Page 1 of 6 N:\Client Docs\City Council\REAL PROPER7Y\Dodgertowrl Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc 164 the City of Vero Beach, Indian River County, and the Federal Aviation Administration, the GRANTOR, for itself, its successors and assigns, does hereby grant, bargain, sell, alien, convey, confirm, transfer and set over unto GRANTEE, its successors and assigns, for the use and benefit of the public, including any and all officers, employees, representatives, agents, tenants, licensees, guests and invitees of GRAN11E, and persons, firms, corporations, and entities operating aircraft to or from the Airport, a perpetual and assignable easement and right-of-way over and across the Property pursuant to the following terms, covenants and conditions: 1. Adoption of Predicate. The foregoing clauses are hereby adopted and incorporated herein as part of the basis for this Easement. 2. Airspace. The Easement and right-of-way herein granted shall be through and within that airspace located directly over, above, and across the Property (hereinafter "Airspace"). The Easement and right-of-way shall be appurtenant to and for the benefit of the Airport, including any additions thereto wherever located, hereafter made by GRANTEE, its successors or assigns. 3. Passage of Aircraft. The Easement and right-of-way granted herein shall be for the free and unobstructed passage of aircraft in and through the Airspace, together with the right to cause in the Airspace and its vicinity such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles, interference with sleep and communication, psychological, emotional, or physical distress, and any and all other effects as may be inherent in or alleged to be incident to or caused by the operation of such aircraft, now known or hereinafter used, for navigation or flight in the Airspace and its vicinity and for use of the Airspace for landing on, taking off from, and maneuvering about or in the vicinity of the Airport, provided such operation complies with all applicable federal and state laws and regulations concerning operation of aircraft and use of the Airport. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. 4. Restrictions on Structures and Improvements. GRANTOR, for itself and its successors and assigns, does hereby expressly agree to restrict the height of structures, objects of natural growth and other obstructions of any kind or nature whatsoever on the Property to a height of not more than one hundred (100) feet above ground level or the height permitted under applicable laws and regulations, whichever is lower. GRANTOR, for itself and its successors and assigns, does hereby agree that they will not hereafter erect or construct, permit the erection or construction of, growth of, create, or permit or suffer to remain upon the Property, in the Airspace, or in the Airport Runway Protection Zone, any structure, facility, improvement, or natural growth, that is or might be a hazard to aviation or which might create glare, misleading lights, smoke, fumes, dust, or which attracts or results in a concentration of birds. The restrictions contained in this Easement shall not be construed to limit the construction of any structure or improvement on the Property that is otherwise in compliance with the terms of this Easement and all applicable development conditions, zoning ordinances, laws, and regulations of or imposed by the City of Vero Beach or any other governmental entity or agency having jurisdiction regarding such construction. Page 2 of 6 N:1Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc 165 5. Restrictions on Use. The GRANTOR, for itself and its successors and assigns, does hereby expressly agree to not hereafter use or permit or suffer the use of the Property in such a manner as to (i) interfere with the operation, development or maintenance of the Airport, (ii) create electrical interference with radio communications between any installation upon the Airport and aircraft, or otherwise interfere with the operation of air navigation and communication facilities serving the Airport or aircraft, (iii) make it difficult for aircraft pilots to distinguish between Airport lights and other lights, (iv) result in glare in the eyes of aircraft pilots using the Airport, (v) impair the visibility in the vicinity of the Airport, or (vi) otherwise endanger the landing, taking off, or maneuvering of aircraft. 6. Alleviation of Hazards. GRANTOR, for itself and its successors and assigns, expressly agrees to develop and maintain the Property or cause the Property to be developed and maintained, at their expense, so as not to create any aviation hazard, including, but not limited to, those specified in this Easement. ,GRANTOR does hereby grant and convey to GRANTEE a continuing right and easement to take such action necessary to prevent the erection or growth of any structure, facility, improvement, tree or other object into the Airspace or on the Property, and to remove such from the Airspace or the Property at GRANTOR'S expense, together with the right of ingress to, egress from, and passage over the Property for such purposes, if GRANTOR fails to adequately alleviate any such hazard upon notification. In addition to, and in no way limiting the generality of the foregoing, if any trees on the Property extend into the Airspace, the GRANTOR does hereby grant unto the GRANTEE the permission to reduce the height of such trees by cutting the tops of such trees. 7. Release. GRANTOR, for itself and its successors and assigns, and any and all other persons and entities bound hereby, does hereby expressly and fully waive, remise, and release any and all right, claim, or cause of action which they may now have or which they may have in the future against GRANTEE, its representatives, agents, tenants, licensees, officers, employees, successors or assigns, including any and all guests and invitees of GRANTEE, and persons, firms, corporations and entities operating aircraft to or from the Airport, arising from or due to such noise, vibrations, fumes, deposits of dust or other particulate matter, fuel particles, interference with sleep and communication, psychological, emotional, or physical distress, and any and all other effects, as may be inherent in or alleged to be incident to or caused by the operation of such aircraft landing at, or taking off from, operating at or on, or maneuvering about or in the vicinity of, the Airport or the Airspace. However, this paragraph shall not be construed to deprive the Grantor of any claim for injury or damages against any person or entity whereby injury or damage is caused by negligent use of the airspace above the Property or as result of the use of the airspace above the Property in a manner inconsistent with this Easement. 8. Taxes and Assessments. GRANTEE and its successors and assigns shall not, by reason of this Easement, be obligated to pay any real estate taxes or special assessments levied against the Property. 9. Successors and Assigns. This Easement and each and every term, covenant and condition hereof, shall be binding upon the GRANTOR and its successors and assigns, and upon all owners, tenants, invitees, mortgagees, and occupants of the Property, their heirs, representatives, invitees, licensees, tenants, successors and assigns, including without limitation each and every record owner Page 3 of 6 N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc 166 from time to time of the Property or any portion thereof, and any other person or entity having an interest therein, and shall run with the land and shall inure to the benefit of the GRANTEE and its representatives, agents, tenants, licensees, officers, employees, successors and assigns, including any and all guests and invitees of GRANTEE, and persons, firms, corporations and entities operating aircraft to or from the Airport. The acceptance by any person or entity of any right of use, deed, lease, mortgage, or other interest in or privilege pertaining to the Property whatsoever shall constitute acknowledgement and acceptance of the terms of this Easement and the binding effects hereof. 10. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 11. Headings. The title and section headings contained herein are not substantive parts of this Easement and shall not expand, limit or restrict the Easement or right-of-way granted in any way. 12. Severability. If any term or provision of this Easement shall, to any extent, be invalid or unenforceable under applicable law or regulations, then the remaining terms and provisions shall not be affected thereby, and each such remaining term and provision shall be valid and enforceable to the fullest extend permitted by applicable law or regulation. 13. Amendment. This Easement shall not be modified or amended, except by a writing executed by the GRANTOR and GRANTEE, or their respective successors or assigns, and recorded in the Public Records of Indian River County, Florida. 14. Governing Law. This Easement shall be construed and enforced in accordance with the laws of the State of Florida and the United States and the venue for enforcement hereof or resolution of any dispute arising hereunder shall be in Indian River County, Florida, or in the case of federal jurisdiction, in the United States District Court for the Southern District of Florida. In any action arising. hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees through trial and appeal, together with costs of the action. In the event each party shall partially prevail in such action, costs and attorneys' fees shall be equitably apportioned between the parties by the court. 15. Recording. GRANTOR, at GRANTOR'S expense, shall record this Avigation Easement in the Public Records of Indian River County, Florida. Any and all plats of the Property to be recorded in such Public Records shall make reference to and incorporate this Avigation Easement. TO HAVE AND TO HOLD said Easement and right-of-way together with, all rights appertaining thereto unto the GRANTEE, its successors and assigns, limited only to the proper use and benefit of GRANTEE, its successors and assigns forever, as long as the same is used by GRANTEE for the purposes of this conveyance. IN WITNESS WHEREOF, the GRANTOR has executed this Avigation Easement this day of , 2019. Page 4 of 6 N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc 167 WITNESSES: GRANTOR: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: BY: Bob Solari, Chairman Approved by BCC (SEAL) ACCEPTANCE BY GRANTEE CITY OF VERO BEACH Tammy K. Bursick City Clerk Mayor STA"1h OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2019, by , as Mayor, and attested by Tammy K. Bursick, as City Clerk of the City of Vero Beach, Florida. They are both known to me. Notary Public Print Name: My commission expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form Approved as conforming to and legal sufficiency: municipal policy: Page 5 of 6 N:\Client Docs\City Council\REAL PROPERTY\Dodgertown Golf Course-Sale\2019.03.01.Avigation.Easement.kch.doc 168 Kira C. Honse James R. O'Connor Interim City Attorney City Manager Approved as to technical requirements: Ericson W. Menger Airport Director Page 6 of 6 N:\Client Docs\City Council\REAL PROPERTY1Dodgertown Golf Course-SaIe12019.03.01.Avigation.Easement.kch.doc 169 Property Description Avigation Easement (#2019 -EG -251) February 1, 2019 EXHIBIT "A" PROPERTY DESCRIPTION AVIGATION EASEMENT #2019 -EG -251 PORTIONS OF DODGERTOWN PARCELS 1-A AND 2-A PARCEL #'s 32-39-26-00011-0230-00001.3 AND 32-39-26-00011-0230-00001.2 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: An Avigation easement described as follows: Commencing at the Northwest corner of Section 3, Township 33 South, Range 39 East; Thence South 00°00'47" West along the west line of said Section 3 for a distance of 200.31 feet; Thence South 89°45'39" East and parallel with the north line of said Section 3 for a distance of 50.00 feet to a point on the east right of way of 43`d Avenue, said point being the Point of Beginning of an avigation easement; Thence from the Point of Beginning run South 54°09'06" East along the southwesterly line of the Vero Beach Regional Airport Runway Protection Zone for a distance of 45.29 feet; Thence North 27°122'13" East along the southeasterly line said Runway Protection Zone for a distance of 489.23 feet to a point on the south right of way of the Indian River Farms Water Control District Canal A-3; Thence North 89°45'39" West along said south right of way of Canal A-3 for a distance of 432.09 feet; Thence South 68°26'07" West for a distance of 5.38 feet to a point being 2 feet south of said Canal A-3; Thence North 89°45'39" West on a line 2.0 feet south of and parallel with said Canal A-3 for a distance of 116.03 feet; Thence South 45°07'21" West for distance of 56.46 feet to a point on the east right of way of 43rd Avenue; Sheet 1 of 3 170 Property Description Avigation Easement (#2019 -EG -251) February 1, 2019 Thence South 00°00'47" West along the east right of way of 43`s Avenue for a distance of 128.30 feet to the Point of Beginning; less. Said Avigation Easement containing 159,613 square feet or 3.66 acres more or David Gay, PSM # S:\Property Descriptions12019\2019-EG-251_Dodgertown Avigation_Feb 1 2019.doc Sheet 2 of 3 ') O.4: a L g. v. 6 F•..:.: � brC4•, �• 171 SCALE 1"=-- 120. SOH SECTION LINE 33-32-39 NOR* SECTION LINE 04-33-39 N S00°00'47"W 200.31' I- 45'- AIRPORT PARCEL 20 POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 26TH STREET (WALKER AVE) INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 /- • S68°26'07"W: N89°45'39"W 432.90' 5.38' / N89°45'38"W 116.03' -845°07'21"W SUBJECT EASEMENT / 56:46' S00°00147/"W (AVIGATION) 128.30' S89°45'39"E 50.00' I POINT OF BEGINNING (AVIGATION EASEMENT) 1 THIS SKETCH IS NOT A SURVEY 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1-A 0.R BK 1961, PG 956 60' 1 1 30' ...... .. .. 3249-26-00011-0230-00001.2 ,•• DODGERTOOR BK 2517. PG 547 04 • ;4"°; VVN PARCEL 2-A .:17"` • I.), 47) • • • c4. rt" DA GAY, # 73 DAT:. SHEET 3 OF 3 CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY & ENGINEERING DIVISION SKETCH OF PROPERTY DESCRIPTION AVIGATION EASEMENT PORTION OF SECTION 03-33-39 REY. NO. EXHIBIT "A" AUTHRZDBY CITY PROJECT NO. 2019 -EG -251 ORWN.BY DATE DATE 02/2019 ORM BY CHKD BY OG MKF DESCRIPTION 172 /3,C, Office of Attorney's Matters 04/09/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attorney DATE: April 3, 2019 SUBJECT: Lease Agreement with the City of Vero Beach for the Dodgertown Golf Course Pro Shop/Golf Cart Building On January 22, 2019, the Board of County Commissioners approved a revised offer to purchase the former Dodgertown Golf Course from the City of Vero Beach. The City approved the revised offer on February 5, 2019 with the deletion of one whereas clause, which was approved by the Board on February 12, 2019. The City has asked to continue using the former Dodgertown Golf Course Pro Shop/Golf Cart Building (Building) as a storage facility for the City's Recreation Department items after the closing on the Property. The terms of the proposed Lease are as follows: • The initial term would be for six months, renewable for four additional three month terms. • The City would not store their mobile stages at the site. • The rent would be $1.00 per month. • The City would agree to allow the County to use the grass parking lots on the north side of Aviation Boulevard up to 3 times in three years from the date of the Lease at no cost to the County. • The City would be responsible for all utilities and maintaining the Building and the grounds surrounding the Building. Staff has no objection to the Lease Agreement as it has no current use for the Building. Once the County formulates plans to make the improvements to the property, the Lease will either be terminated or allow it to end on its own terms. Funding: There is no impact to County funding as a result of the lease. Staff estimates a fair market value for a lease of air conditioned and non -air conditioned storage space of this size would be $850.00 per month. 173 Lease Agreement for Dodgertown Golf Couse Building April 3, 2019 Page 12 Recommendation. Staff recommends the Board approve the terms of the Lease Agreement for the Dodgertown Golf Course Pro Shop/Golf Cart Building and authorize the Chairman to execute the Lease on behalf of the Board. Attachment: Lease Agreement Copies to: Richard B. Szpyrka, P.E., Public Works Director Michael Zito, Assistant County Administrator 174 Lease Agreement Lessor: Indian River County, Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach, FL 32960 (Hereinafter County) Lessee: City of Vero Beach A Florida municipal corporation P.O. Box 1389 Vero Beach, FL 32961-1389 (Hereinafter City) Witnesseth That: WHEREAS, the County recently purchased from the City a parcel of land commonly known as the Dodgertown Golf Course located at the southeast corner of 43rd Avenue and 26th Street; and WHEREAS, the County is in the process of planning improvements to the 34± acre parcel but is not yet ready to begin construction; and WHEREAS, prior to the sale of the parcel, the City was utilizing the building that housed the former pro shop, cart barn and concession area as a storage and maintenance facility for City Recreation Department programs and also used the parking lot surrounding the building for storage of its portable stages. The building, the parking lot and the area directly around the building shall be collectively referred to as the Property, a general depiction of which is contained on the aerial photo attached to this Lease Agreement and incorporated by reference herein; and WHEREAS, the City desires to continue its current use of the Property for a period of time while the County prepares its plans for improvement of the 34± parcel and the County has no objection to the continued use; NOW, THEREFORE, for in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1 175 1. Term of Lease: Rental. The County shall lease to the City the Property for the term of six (6) months at a rental of one dollar ($1.00) per month. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms, for up to four (4) additional three (3) month terms, unless one party notifies the other party in writing of its intent to not renew at least sixty (60) days prior to the expiration of a term. 2. Use of The Property. The Property shall be used by the City for the purpose of storage and maintenance of City Recreation Department programs. The City agrees that its portable stages will not be stored in the parking lot. 2.1 Maintenance. The City shall be responsible for mowing the grass together with weeding, trimming and pruning trees and shrubs on the Property. The City shall be responsible for maintenance and repairs of the structure, and existing lighting of the Property, including light bulb replacement. Maintenance of the structure shall include cleaning and repair of the gutter system, and repair of the soffit. These repairs must be completed within 30 days after the execution of the lease agreement. 2.2 Utilities. The City shall pay all utilities and trash removal for the Property. 3. Insurance. The City shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to the County's Risk Management Division. 4. Non-discrimination. The City shall operate the Property in compliance with all local, state and federal laws, rules or regulations. 5. Cancellation. The City may cancel this agreement at any time by giving the County sixty (60) days written notice. At the termination of this lease agreement from whatever cause, it shall be the City's responsibility to restore the Property to a condition no worse than what would be reasonably expected with normal wear and tear. 6. Assignment. The lease may be assigned or transferred only with the written approval of the County. 7. Emergency County Use. In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Property as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall 2 176 restore the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 8. Hold Harmless. To the extent allowed by law, and without waiving its sovereign immunity, the City shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of City, except for those claims arising out of the County's own negligence. 9. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Improvements to the Property. The City shall obtain the County's permission before constructing any improvements on the Property. At the termination of the lease, the City shall be permitted to remove any personal property not attached to the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 11. Breach of Agreement. A breach by the City of any of its obligations under this lease shall be grounds for the County to terminate this lease, except that before such termination, the City shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 4, the City shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of said property until insurance is reinstated. Failure to timely reinstate the insurance or use of Property while there is no insurance may subject the City to automatic termination of this Agreement. 12. Use of the Airport Parcels for Parking for Special Events. The Parties recognize that the amount of rent paid by the City does not represent a fair market rental rate for the Property. In consideration of this reduced rate, the City agrees to rent to the County, at the City's sole expense, subject to availability and without causing undue interference with regular activities and events previously scheduled by the City, the City owned vacant land on the north side of Aviation Boulevard for parking for special events. Any request for reservation of the Aviation Boulevard parking areas, shall be made thirty (30) days in advance by written notice. The Parties agree to make their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section. The County has the right to use the Aviation Boulevard parking areas three times in the three years from the date of this Agreement. 3 177 13. Access for Inspection. The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property. IN WITNESS WEREOF, COUNTY and CITY have executed this instrument this day of 2019. Attest: Jeffry R. Smith, Clerk of Court Indian River County, Florida And Comptroller Board of County Commissioners By: Deputy Clerk Bob Solari, Chairman Approved: Jason E. Brown, County Administrator BCC Approval: Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 4 178 ATTEST: CITY OF VERO BEACH Tammy K. Bursick City Clerk By: Printed name: Mayor [SEAL] Date signed: CITY ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Printed Name: Interim City Attorney Printed Name: City Manager Approved as to technical requirements: Approved as to budget requirements: Monte K. Falls Cynthia D. Lawson Public Works Director Finance Director 5 179 14,E April 9, 2019 ITEM 14.E.1 INDIAN RIVER COUNTY, BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 27, 2019 SUBJECT: Revision of Indian River County Resolution #2004-071 FROM: Tim Zorc Commissioner, District 3 Discussion Item: On July 6, 2004, under Resolution #2004-071, the Board of County Commissioners of Indian River County established a schedule of fees for fire prevention plan reviews and inspections and a schedule of fines for violations. The guidance in the Resolution has not been updated since its 2004 passage. I'd like to discuss directing the County staff to review and propose revisions to the original Resolution -- in particular to the fee and fine schedules -- for consideration and approval at a future BCC meeting. 180 RESOLUTION #2004-071 INDIA of RUN , INDIANrrva COUNTY T::i ; IS T•7 CERTIFY THAT THIS IS A RESOLUTION OF INDIAN RIVER COUNTY A T:::!� r.>.�:, :CC7;R7.7,T COPY O ESTABLISHING A SCHEDULE OF FEES FOR PLAN CSAIC:':•A QN Fa..: IN THIS REVIEW AND INSPECTIONS; ESTABLISHING A o;ICr:. SCHEDULE FOR FINES FOR VIOLATIONS; PROVIDING 1 `.`Y K. BARTON, CLE FOR ENFORCEMENT OF SAID FEES THROUGHOUT a fl.c INDIAN RIVER COUNTY EMERGENCY SERVICES DATE 7_4› oc;� DISTRICT, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Indian River County Emergency Services District ("District") is authorized to provide fire prevention, fire suppression, emergency medical services, rescue and other duties and responsibilities throughout Indian River County, Florida, as may be directed by the Board of Commissioners, and to exercisethepowers of"a public authority organized and existing for said purposes, pursuant to the provisions of the Laws of Florida, as amended; and WHEREAS, the District is responsible for inspecting all property and investigating for fire hazards, including the enforcement of a fire prevention code, and WHEREAS, on July 6, 2004, the Board of County Commissioners, of Indian River County adopted Ordinance No. 2004-021 enacting the Indian River County Emergency Services District Fire Code; and WHEREAS, pursuant to the above referenced authority, the District provides to the public certain plan review, inspection and code enforcement services through its Fire Marshal; and WHEREAS, the Board has determined that, in order to continue to provide the above referenced plan review, inspection and code enforcement services, it has become necessary to establish fair and reasonable fees for said services, and fines for violations of the code, pursuant to the provisions of Sections 208.10-14 of Ordinance No. 2004-021. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County as follows: 1. The Board hereby adopts the Schedule of Fees for Plan Review, Inspections, Cost Recovery, Code Enforcement, Violation and Fine Schedule attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The Schedule of Fees for Plan Review, Inspections, Cost Recovery, Code Enforcement and Violation and Fine Schedule shall be enforced by the District throughout Indian River County, Florida, commencing on the effective date of this 1 181 Resolution and until and unless revised, modified, or revoked by. the Board of County Commissioners of Indian River County. 3. This Resolution shall take effect July 6, 2004. Duly passed and adopted by the Board of County Commissioners of Indian River County, this 6th day of July 2004. The resolution was moved for adoption by Commissioner Neuberger, and the motion was seconded by Commissioner Lowther, and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Arthur R. Neuberger Aye Commissioner Kenneth R. Macht Aye Commissioner Thomas B. Lowther Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of July, 2004. B Deputy Clerk Approved for form and legal sncy: /! Mlliam K. re =real Assistant County Attorney INDIAN RIVER COUNTY Board of County Commissioners By _",z1frr.Gi Caroline D. Ginn, Cha an BCC approval date: July 6, 2004 182 ATTACHMENT "A" INDIAN RIVER COUNTY FIRE DISTRICT SCHEDULE OF FEES FOR PLAN REVIEW, PERMITS AND INSPECTIONS; VIOLATION AND FINE SCHEDULE A. Commercial, Institutional, and Multi -Family Residential Developments• 1. The plan review fee for all new construction, renovations, alterations, or changes of occupancy shall be computed by multiplying the estimated cost of construction/building valuation by .0025. 2. If no construction cost is involved in a change of occupancy, the plans review fee will be calculated at the rate of $.02 per square foot of space. 3. The minimum fee for each plans review is $100 per building. (Reference for 1-3: Plan Review and Inspection Fees, Chapter 69A-52, Florida Administrative Code 4. Fire .Suppression and Fire Alarm Systems (Includes pre-engineered extinguishing systems and combined sprinkler and standpipe systems) Plan review, up to $1,000 (minimum) --- $ 50 For each additional $1,000 valuation or fraction thereof--------$ 4 B. Site Plan Review Fees Fire Safety Plan Review and Inspection Is Required by the Florida Fire Prevention Code and Florida Statutes Note: Fire safety service fees include plan review, permit and initial inspection Site Development Pre -Application Conference ---- No Charge Site Plan Review (less than 5 units to a maximum of 5,000 sq. ft.----$ 75 Site Plan Review (5 to 50 units or 5,000 to 50,000 sq. ft.)-------------- $ 250 Site Plan Review (more than 50 units or 50,000 sq. ft.) $ 400 Planned Unit Development (PUD) Less than 50 units Planned Unit Development (PUD) More than 50 units Administrative Approvals --- Development of Regional Impact (DRI) C. Fire Safety Inspection/Service Fees $ 400 $1,200 $ 50 $1,500 Fire Hydrant flow test (up to 2 hydrants) $ 50 Dry Hydrant Test - $ 150 3 183 Inspections (Existing Occupancies) Initial inspection $ N/C Re -inspection for compliance $ N/C Each subsequent re -inspection, non-compliance $ 50 Inspections (New Construction, System, Permitted Activity) (Includes new construction, renovations, additions, the installation of fire protection, fire detection systems, all other installations, special events or permitted activities) Initial inspection (for each system) $ N/C Re -inspection for compliance $ NIC Each subsequent re -inspection, non-compliance $ 40 Permits Special Events Public fireworks display permit Fireworks sales permit (annual) Flammable and Combustible Gas Storage Tanks (Includes plan review and initial inspection of the tank, dispensers and piping) Installation or removal Air Curtain Incinerator Burn Permit ----(less than 3 acres) --- Air Curtain Incinerator Burn Permit ----(3-9 acres) ---- Air Curtain Incinerator Burn Permit --(9 + acres)---- $ 30 $ 100 $ 100 $ 50 $ 150 $ 200 $ 500 Unit or Staff Assignment Standby Hourly Rates (Cost Recovery) Fire Unit — manned (3 employees) Each hour prorated to one-half hour fraction $ 150 Each additional employee $ 50 Fire Unit — manned (1 employee) Each hour prorated to ane -half hour fraction $ 50 Each additional employee $ 50 Haz-Mat Unit — manned (2 employees) Per three hour minimum $ 100 Each additional hour prorated to one-half hour fraction $ 100 Each additional employee $ 50 Fire Watch (fire or lifesafety standby) Fire watch, danger mitigation, special events, fireworks or non-compliance with fire codes, as deemed necessary by the Fire Chief or Fire Marshal Pet hour, per person $ 50 184 D. Refunds. Plan Review and Inspection fees are non-refundable. E. Pavment of Fees. 1. Site Plans a. Fees shall be charged to the agent, land planner, project architect or engineer of the owner/developer of the proposed project for review of Site Plans, including applications for Developments of Regional Impact, Planned Unit Developments, Land Use Changes, Preliminary and Final Plats, and Construction Detail Plans. Fees shall be payable upon application. 2. Construction Documents. a. Fees shall be charged to the general contractor of the proposed project for review of construction documents and the initial inspection and shall be payable upon receipt of itemized invoice. Includes new construction, renovations to existing structures, and additions. b. Initial review and inspection fees for automatic sprinkler plans, calculations, and specifications shall be paid by the automatic sprinkler contractor upon application. c. Initial review and inspection fees of fire alarm systems, detection, voice alarm, communication, and control station documents shall be payable by the fire alarm contractor or electrical contractor upon application. d. Fees for review and initial inspection for chemical fixed fire protection systems shall be payable by the system contractor upon application. 3. Flammable and Combustible Liquid Storage Tanks. a. Review fees of flammable and combustible liquid storage tanks, dispensers, related piping, and containment shall be paid by the Pollutant Storage System Specialty Coordinator or the General Contractor upon application. b. Tank Removals. The Pollutant Storage System Specialty Contractor shall be responsible for payment of the fee(s) upon application of the Fire Marshal's Permit. 4. Liquified Petroleum Gas (LP) Installations. The installing contractor shall be responsible for payment of fees upon application of the Fire Marshal's Permit. 5. Special Events. The special event coordinator shall be responsible for payment of fees upon application of the Fire Marshal's Permit. 6. Fireworks Displays. The display contractor shall be responsible for payment of fees upon application of the Fire Marshal's Permit. 7. Technical Assistance. Fees shall be charged to and paid by the person officially requesting assistance and payable upon receipt of itemized invoice. 5 185 8. Inspection and Reinspection Fees. Fee(s) shall be charged to and paid by the responsible general contractor, property owner, or association upon receipt of an itemized invoice. F. Violation and Fine Schedule VIOLATION 1St Offense Repeat Offense Failure to obtain a permit Two times the NA applicable permit fee Performing fire safety system or related work w/o proper license Unlawful or unauthorized burning (per pile per incident) Locked or obstructed means of egress $100 $200 $250 $500 $250 $500 Tampering With Fire Division barricades, $250 $500 locks, signs, seals, tags, etc. Fire suppression or detection systems: $250 $500 not properly; provided, installed, functioning, , maintained, tested tagged., accessible, or tampered with. Fire protection water supply devices: $250 $500 (fire hydrants, pumps, wells, etc.) Not; provided, functioning,. properly installed, tested or maintained. Blocked, obstructed or tampered with. Non-compliance with Florida Fire Prevention Code $150 $300 Failure to cease and desist $500 $500 Failure to vacate $500 $500 F. Additional Fees 1. Site Plans, Construction. Documents, Permits a. All fees shall be paid in full prior to review of any plans. No field inspections will be scheduled until all required fees including re -inspection 6 186 „ r, '4; ' . ' . ' BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 188