HomeMy WebLinkAbout07/09/2019BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, JULY 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 FIRST RESPONDERS
2.B. INVOCATION
Pastor Gregory Shreaves, Living Lord Lutheran Church
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams, Vice Chair
4 ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Kathryn L. Bowdoin, Also Known As
Kathryn L. Thomas, On Her Retirement From The Indian River County Tax
Collector's Office
Attachments: Proclamation
5.B. Presentation of Proclamation Honoring Kathy Crockett On Her Retirement From
the Indian River County Supervisor of Elections Office
Attachments: Proclamation
6. APPROVAL OF MINUTES
July 9, 2019
Page 1 of 6
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Health Insurance Additional Health Advocacy Benefit effective August 1, 2019
Attachments: Staff Report
8. CONSENT AGENDA
8.A. Checks and Electronic Payments June 21, 2019 to June 27, 2019
Attachments: Finance Department Staff Report
8.B. FDEP Grant Agreement No. 19IR2, Indian River County Hurricane Irma Recovery
Project - Sector 7
Attachments: Staff Report
FDEP Grant Agreement 19IR2
IRC Grant Form No. 19IR2
8.C. IRC Jail Complex Roofing Replacement, Recover and Repair Project, IRC -1735,
Final Payment, Release of Retainage and Change Order No. 2
Attachments: Staff Report
8.D. Release of Retainage - Work Order No. 9 Morgan & Eklund, Inc. Legal
Descriptions and Sketches for Beach Construction Easements
Attachments: Staff Report
8.E. Florida Department of Law Enforcement (FDLE) FY18 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Attachments: Staff Report
8.F. Award of Bid# 2019059 - Containment Coating at NCRO Facility
Attachments: Staff Report
Sample Agreement
8.G. Award of Bid 2019065 - 55 Ton Detachable Gooseneck Lowboy Trailer
Attachments: Staff Report
8.H. Authorization to Increase Blanket Purchase Orders
Attachments: Staff Report
8.I. Approval of Blue Medicare Advantage Renewal
Attachments: Staff Report
Indian River County BOCC #90000 2019 EGWP PPO2 Overview
Indian River County BOCC #90000 2019 EGWP Rx1 Overview
EGWP Master Agreement Template
July 9, 2019. Page 2 of 6
8.J. Annual Resolution re Delegation of Authority Concerning Declarations of State of
Local Emergencies and to Act in a State Declared Emergency Affecting Indian
River County
Attachments: Staff Report
Resolution
8.K. Annual Resolution Delegating the Authority to the County Administrator or his
Designee, to Execute Resolutions Calling Letters of Credit as Necessary. during a
Declared State of Local Emergency or Declared State of Florida Emergency
Affecting Indian River County
Attachments: Staff Report
Resolution
8.L. Resolutions Delegating the Authority to the County Administrator or his Designee
to Call Letters of Credit and to Act on Behalf of Indian River County during the
time frames of July 17, 2019, through and including August 12, 2019; and August
14, 2019, through and including September 9, 2019
Attachments: Staff Report
Resolution (July 17 -August 12, 2019)
Resolution (August 14 -September 9, 2019)
8.M. Miscellaneous Budget Line Transfer
Attachments: Staff Report
Line Transfer
8.N. Amendment 1 to Work Order No. 1 with Arcadis for Design, Procurement and
Construction Administration to Rehabilitate the RAS/WAS Pumps at the Central
Wastewater Treatment Plant
Attachments: Staff Report
Work Order No 1 RAS and WAS Pump Replacement
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
July 9, 2019 Page 3 of 6
10.A.1. Glendale Baptist Church, Inc.'s Request for Conceptual Site Plan and Special
Exception Use Approval for Glendale Baptist Church and School
[SP -CP -19-03-06 / 2004040365-83388] (Quasi -Judicial)
Attachments: Staff Report
Excerpt from Draft June 13, 2019 PZC Minutes
Location Map
Aerial
Conceptual Site Plan
10.A.2. Modification to County Code Section 105 (Legislative)
Attachments: Staff Report
Draft Ordinance 2019-
B. PUBLIC DISCUSSION ITEMS
10.B.1. Request to Speak from Freddie Woolfork of the Gifford Youth Achievement
Center regarding Thank you for supporting GYAC
Attachments: Request to Speak Form
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
12.E.1. Designation of Excess Equipment as Surplus and Authorization for Disposal of
Vehicles
Attachments: Staff Report
Excess Equipment List
July 9, 2019 Page 4 of 6
12.E.2. Water & Sewer Revenue Refunding Bonds, Series 2009 Approval of Resolution
for Early Payoff
Attachments: Staff Report
Resolution
Notice of Redemption
Masterson Advisors Series 2009 Redemption Calcualtions
F. Public Works
G. Utilities Services
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Bryan
E. Commissioner Tim Zorc
Commissioners Open Dialogue
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.B.1. Single Stream Recycling Contamination
Attachments: Staff Report
C. Environmental Control Board
16. ADJOURNMENT
July 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 ordistributed 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 availablefor 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.
July 9, 2019.
Page 6 of 6
54
PROCLAMATION
HONORING KATHRYN L. BOWDOIN, ALSO KNOWN AS KATHRYN L. THOMAS, ON HER RETIRMENT
FROM THE INDIAN RIVER COUNTY TAX COLLECTOR'S OFFICE
WHEREAS, Kathryn L. Bowdoin, also known as Kathryn L. Thomas, has retired from the Tax Collector's
Office of Indian River County effective June 29, 2018; and
WHEREAS, she has been employed with the Tax Collector's Office of Indian River County beginning
October 23, 1983 through June 2, 1991, the Clerk of the Circuit Court from June 3, 1991 through July 15, 2005
and rejoined the Tax Collector's Office July 18, 2005 until June 29, 2018; and
WHEREAS, Kathy began her career with the Tax Collector's office as the switchboard operator. She
was promoted to the Tax and License Department and worked there until she transferred to the Clerk's office
in 1991; and
WHEREAS, While working for the Clerk of Court, Kathy worked in the Traffic/Misdemeanor Division,
working with Judge Balsiger, Judge Wild and Judge Morgan; and
WHEREAS, during her 14 year career at the Clerk's office, Kathy began as a Deputy Clerk, was
promoted to Court Specialist II and then to Court Specialist III (the highest level of Specialist) in 1996; and
WHEREAS, Kathy was a dedicated deputy clerk who provided courteous, professional and
compassionate service to all including people who had fallen on hard times; and
WHEREAS, Kathy was highly respected by the Judges, Attorneys and co-workers of the Clerk's Office;
and
WHEREAS, When Kathy returned to the Tax Collector's Office in 2015, she was hired as a Senior Tax
Clerk. Through her hard work and dedication, she was promoted to Assistant Director of Taxes and Licenses
before her retirement in June of 2018. Kathy's work ethic, knowledge, loyalty and outstanding customer service
will be missed by both her co-workers and the taxpayers of Indian River County; and
WHEREAS, she has served this County, the State of Florida, and the public with distinction and
selflessness. During her years of service, she was greatly appreciated by Clerk's Jeff Barton and Jeff Smith,
Tax Collectors Gene Morris, Charles Sembler and Carole Jean Jordan and her co-workers alike.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board applauds her efforts on behalf of the Tax Collector's
Office, and the Board wishes to express its sincere appreciation for the dedicated service she has given to
Indian River County for the last 34 years and eight months.
Adopted this 9th day of July, 2019. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
5-6
Vrutiamation
HONORING KATHY CROCKETT ON HER RETIREMENT FROM THE
INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS OFFICE
WHEREAS, Kathy Crockett is retiring from the Indian River County Supervisor of Elections office
effective July 17, 2019; and
WHEREAS, Kathy began her career in 2003 as an Election Specialist and advanced to the position of
Voter Registration and Candidate Coordinator; and
WHEREAS, Kathy has experienced noticeable improvements in office space beginning with the
cramped quarters in the prior county administration building (old hospital), to the thirteen modular trailers
assembled in the county parking lot, to the current complex located on 43rd Avenue; and
WHEREAS, During Kathy's employment, the Indian River County has grown from 74,234 to 115,119
registered voters, a 55% increase; and
WHEREAS, Kathy witnessed many voting equipment changes during her time with the Elections Office
as voting methods evolved from touchscreen to the current optical scan paper ballots; and
WHEREAS, During Kathy's tenure, she has experienced the implementation of no excuse absentee
ballot voting and early voting; and
WHEREAS, Kathy has attained national certification as a Certified Elections & Registration
Administrator; and
WHEREAS, Kathy has been involved with the planning and implementation of 32 elections; and
WHEREAS, Kathy was involved with the first ever machine recount of three statewide races followed
by two manual statewide recounts;
WHEREAS, Kathy has dedicated 16 years working tirelessly to protect democracy through her
professionalism in election administration; and
WHEREAS, It is with great respect and admiration that we acknowledge and recognize the legacy of
service Kathy has shared with the Supervisor of Elections office and our nation's elections community; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Kathy Crockett for her loyalty and dedication to
the County, and the Board extends their heartfelt wishes for success in her future endeavors and a happy and
prosperous retirement.
Duly adopted this 9th day of July, 2019 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
2
711
INFORMATIONAL REPORT
INDIAN RIVER COUNTY
MEMORANDUM
TO: The Honorable Board of County Commissioners
THRU Jason Brown
County Administrator
FROM: Suzanne BoyIIN
Human Resources Director
DATE: July 1, 2019
SUBJECT: Health Insurance Additional Health Advocacy Benefit effective August 1, 2019
BACKGROUND
Indian River County Board of County Commissioners has approved a group health insurance
benefit to be provided to eligible employees and retirees of the Board of County Commissioners
and the respective Constitutional Officers (Sheriff, Property Appraiser, Tax Collector, Clerk of
Courts, and the Supervisor of Elections) to include their eligible dependents. Healthcare is
complex and there are numerous issues beyond just the medical treatment that members
experience related to treatment decisions, billing, coverage questions and claims confusion.
Trying to work through these types of issues can be time consuming and frustrating. Consistent
with the direction of the Board, Human Resources identified a benefit enhancement that would
provide much needed support and assistance to our members.
The County has a current agreement with Health Advocate (Corporate Care Works) for an
employee assistance program. Under this program, all employees (full-time, part-time, and
temporary) and their dependents have access to 24 hour/7 day a week support for work/life
issues related to relationships, family/parenting, stress, grief/loss, anxiety, depression, substance
abuse, financial stress, and balancing work/family.
Health Advocate also offers a Health Advocacy service that provides a concierge level of service
to individuals covered under our health plan who need support and assistance regarding health
care issues. The Health Advocacy service would provide members with access to experienced
Personal Health Advocates to provide personalized assistance with healthcare issues, treatment
decisions, billing issues, coverage questions, claims confusion, and other concerns that may arise.
The advocacy benefit includes Clinical Decision Support and Administrative Support.
Examples of Clinical Decision Support
• Answer questions about medical diagnoses and review treatment options
• Research and identify the latest, most advanced approaches to care
3
• Coordinate clinical service related to all aspects of medical care
• Identify top experts and Centers of Excellence across the country for initial consults and
second opinions
• Discuss the cost and quality of medical service to help members make informed decisions
• Help employee prepare for doctor visits, review results and plan future actions
• Provide ongoing assistance and support
Example of Administrative Support
• Explain coverage and coordinate benefits
• Research and resolve insurance claims and medical billing issues
• Identify leading in -network doctors using a proprietary MEDIS quality care evaluation
approach and make appointments
• Facilitate any required pre -authorizations for medical services, Durable Medical
Equipment and prescription drugs
• Research ways to reduce prescriptions drug and other costs
• Facilitate the transfer of medical records between physicals
Personalized Member Website and Mobile App
Health Advocate provides a secure member website and mobile app that will enable members
to view the status of Health Advocate cases in real time, upload documents and forms, and
connect instantly to live support.
Eligibility
The Health Advocate service is available to insured members under our group health plan and is
also extended to spouses, dependents, parents and parents-in-law of the covered member
regardless of whether the dependent is insured under the health plan.
Key Benefits of Health Advocacy
• Increases employee productivity by relieving employees of time-consuming
administrative tasks
• Saves employees time, money and worry
• Provides expanded support in a professional and compassionate manner to assist with
resolving complex issues
Provide decision making support for annual benefit open enrollment
• Maximizes appropriate benefits utilization
• Increases employee satisfaction
• Gets covered members to the right care at the right time
• Helps improve health outcomes and reduce medical costs
• Provides covered retirees with support and assistance
4
The County Administrator has approved entering into an agreement with Health Advocate to
provide these service effective August 1, 2019 for all members covered under the health plan to
include retirees.
FUNDING:
The cost of this benefit will be funded from the health insurance trust fund and will be based on
a per member per month fee of $1.15. The estimated annual cost for all covered members under
our group health insurance plan (including retirees) is $26,500 per year.
RECOMMENDATION:
No action is required. Informational only.
5
41
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: June 27, 2019
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
June 21, 2019 to June 27, 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 June 21, 2019 to June 27, 2019.
TRANS NBR
383380
383381
383382
383383
383384
383385
383386
383387
383388
383389
383390
383391
383392
383393
383394
383395
383396
383397
383398
383399
383400
383401
383402
383403
383404
383405
383406
383407
383408
383409
383410
383411
383412
383413
383414
383415
383416
383417
383418
383419
383420
383421
383422
383423
383424
383425
383426
383427
383428
383429
383430
383431
383432
383433
383434
383435
383436
383437
DATE
06/24/2019
06/25/2019
06/25/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
CHECKS WRITTEN
VENDOR AMOUNT
AUTOMATED DIRECT MAIL SERVICE CENTER INC 16,005.38
FLORIDA POWER AND LIGHT 115,330.16
FLORIDA POWER AND LIGHT 2,051.03
PAUL CARONE 4,191.00
WILLIE C REAGAN 2,313.00
TREASURE COAST HOMELESS SERVICES 5,392.00
LARRY STALEY 593.00
PINNACLE GROVE LTD 3,142.00
VERO CLUB PARTNERS LTD 4,195.00
DAVID SPARKS 1,407.00
THE PALMS AT VERO BEACH 1,795.00
JOHN OLIVIERA 856.00
ARTHUR PRUETT 756.00
MICHAEL JAHOLKOWSKI 547.00
STEVEN RENNICK 661.00
LUCY B HENDRICKS 807.00
ROBERT L BRACKETT 780.00
SUNCOAST REALTY & RENTAL MGMT LLC 641.00
SYLVESTER MC INTOSH 365.00
PAULA WHIDDON 553.00
JAMES W DAVIS 372.00
MISS INC OF THE TREASURE COAST 1,748.00
DANIEL CORY MARTIN 4,605.00
PAULA ROGERS & ASSOCIATES INC 660.00
FIVE STAR PROPERTY HOLDING LLC 830.00
MARK BAER 872.00
VAL APTS LLC 818.00
AUGUSTUS B FORT JR 641.00
H&H SHADOWBROOK LLC 563.00
VERO BEACH PLACE LLC 2,133.00
GNS REAL ESTATE HOLDINGS LLC 1,135.00
COALITION FOR ATTAINABLE HOMES INC 3,834.00
HELPING HANDS REAL ESTATE & INVESTMENT CO 4,729.00
ALIX DENEAU 750.00
MCLAUGHLIN PROPERTIES LLC 750.00
NKW PIP HOLDINGS I LLC 2,077.00
MAXIPLEX LLC 2,264.00
RANDY BETHEL 751.00
WATSON REALTY GROUP 758.00
KARL POKRANDT 747.00
BRANDON ROUER 1,948.00
HUDSON CONSULTING & MANAGEMENT LLC 552.00
PALMETTO PROPERTY MANAGEMENT CORP 935.00
LUCIAN LEWIS 856.00
HAMID SILMANE 750.00
PAMELA CHAVEZ 744.00
STANLEY L JENNINGS 795.00
STANLEY L JENNINGS 750.00
SHARON P BRENNAN 556.00
JANINA M GIORGIO 885.00
COMMUNICATIONS INTERNATIONAL 49,201.00
TEN -8 FIRE EQUIPMENT INC 205,569.46
VERO CHEMICAL DISTRIBUTORS INC 214.80
PERERS ENTERPRISES INC 85,055.76
RICOH USA INC 103.60
HENRY SCHEIN INC 3,439.35
SAFETY PRODUCTS INC 312.71
AT&T WIRELESS 2,810.89
1
TRANS NBR
383438
383439
383440
383441
383442
383443
383444
383445
383446
383447
383448
383449
383450
383451
383452
383453
383454
383455
383456
383457
383458
383459
383460
383461
383462
383463
383464
383465
383466
383467
383468
383469
383470
383471
383472
383473
383474
383475
383476
383477
383478
383479
383480
383481
383482
383483
383484
383485
383486
383487
383488
383489
383490
383491
383492
383493
383494
383495
383496
383497
DATE
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
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06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
THOMAS P WHITE
DELTA SUPPLY CO
GRAYBAR ELECTRIC
DEEP SIX DIVE SHOP INC
PETES CONCRETE
UTILITY SERVICE CO INC
BAKER & TAYLOR INC
MIDWEST TAPE LLC
NORTHERN SAFETY CO INC
BAKER DISTRIBUTING CO LLC
CENGAGE LEARNING INC
PALM TRUCK CENTERS INC
PENWORTHY COMPANY
GO COASTAL INC
PING INC
CLERK OF CIRCUIT COURT
INDIAN RIVER COUNTY HEALTH DEPT
INDIAN RIVER COUNTY HEALTH DEPT
VICTIM ASSISTANCE PROGRAM
ROGER J NICOSIA
CITY OF VERO BEACH
CITY OF VERO BEACH
CITY OF VERO BEACH
UNITED WAY OF INDIAN RIVER COUNTY
FERGUSON ENTERPRISES INC
L B BRYAN & COMPANY
JANITORIAL DEPOT OF AMERICA INC
TREASURE COAST HOMELESS SERVICES
HENRY FISCHER & SONS INC
PUBLIX SUPERMARKETS
UNIVERSITY OF FLORIDA
INTERNATIONAL GOLF MAINTENANCE INC
FLORIDA WATER & POLLUTION CONTROL
FLORIDA WATER & POLLUTION CONTROL
FLORIDA WATER & POLLUTION CONTROL
FLORIDA WATER & POLLUTION CONTROL
FLORIDA WATER & POLLUTION CONTROL
GEOSYNTEC CONSULTANTS INC
ST JOHNS RIVER WATER MGMT DISTRICT
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
JOEL V HERMAN
CALLAWAY GOLF SALES COMPANY
FLORIDA POWER AND LIGHT
FLORIDA POWER AND LIGHT
PEACE RIVER ELECTRIC COOP INC
KENNETH CAMPBELL SENIOR
GLOBAL GOLF SALES INC
WASTE MANAGEMENT INC
SUNSHINE STATE ONE CALL OF FL INC
MEDICARE PART B FINANCIAL SERVICES
SHERILEE D PARSELL
TROY FAIN INSURANCE INC
TRICARE
BELA NAGY
UNITED HEALTH CARE INS COMPANY
TRANSPORTATION CONTROL SYSTEMS
ALAN C KAUFFMANN
AETNA
CIGNA
AMOUNT
22.00
291.84
64.38
47.00
4,800.00
92,278.00
10,311.19
961.44
97.33
1,011.67
939.95
126.61
722.73
367.20
477.92
797.30
475.00
58,022.25
5,746.83
1,500.00
5,442.46
2,169.15
11,787.50
668.00
995.40
125.00
187.78
737.48
925.00
11.80
4,800.00
88,148.43
325.00
325.00
325.00
325.00
325.00
364.36
400.00
6.74
62.20
267.06
3,881.25
16,896.92
16,337.33
185.67
225.00
523.90
196,124.22
1,007.83
761.60
30.00
103.00
81.86
655.10
150.00
474.00
200.00
562.64
198.26
2
TRANS NBR
383498
383499
383500
383501
383502
383503
383504
383505
383506
383507
383508
383509
383510
383511
383512
383513
383514
383515
383516
383517
383518
383519
383520
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383522
383523
383524
383525
383526
383527
383528
383529
383530
383531
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383533
383534
383535
383536
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383538
383539
383540
383541
383542
383543
383544
383545
383546
383547
383548
383549
383550
383551
383552
383553
383554
383555
383556
383557
DATE
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
JOHN BROWN & SONS INC
CHILDRENS HOME SOCIETY OF FL
BLUE CROSS BLUE SHIELD
HIGHMARK BLUE CROSS BLUE SHIELD
HUMANA
VERO CLUB PARTNERS LTD
SHRIEVE CHEMICAL CO
ECONOLITE CONTROL PRODUCTS INC
ST LUCIE COUNTY BOCC
THE PALMS AT VERO BEACH
MICHAEL QUIGLEY
TRANE US INC
CELICO PARTNERSHIP
FLORIDA DEPT OF JUVENILE JUSTICE
VAN WAL INC
FREDERICK PAUL MAZZA
FASTENAL COMPANY
THE SHERWIN WILLIAMS CO
FRANK BLAKE
SOUTHERN JANITOR SUPPLY INC
J C RENTALS & INVESTMENTS INC
STAPLES CONTRACT & COMMERCIAL INC
LENOARD THIESSEN
HEVERON GROUP INC
GLOVER OIL COMPANY INC
ADMIN FOR CHILD SUPPORT ENFORCEMENT
ADMIN FOR CHILD SUPPORT ENFORCEMENT
ADMIN FOR CHILD SUPPORT ENFORCEMENT
KELLY J TURNER JR
NORTH CAROLINA CHILD SUPPORT
HORNE, BARRY & MAURINE
PETER OBRYAN
SONRISE VILLAS LTD
SHEILA S VOTZI
PAK MAIL
CHRISTEEN S WILSON
JOHNNY B SMITH
GATES HOUSE ENTERPRISES LLC
JARROD WALKER
CHARLES A WALKER
FISHER & PHILLIPS LLP
INDIAN RIVER RDA LP
AAPMVR CORP
ANTHONY & LORY TONIOLI
CHARLENE BRENNAN
KATHLEEN P DOUGHERTY
TRADEWINDS POWER CORP
KWACKS INC
WINSUPPLY OF VERO BEACH
LAKESIDE EQUIPMENT CORPORATION
WELLCARE HEALTH PLAN
SANDY ARACENA
LARIAT ENTERPRISES INC
TREASURE COAST ENGINEERING
WITTENBACH BUSINESS SYSTEMS INC
ECMC
IMAGINE SCHOOLS AT SOUTH VERO
ALPHONSO COLEMAN
OVERDRIVE INC
HEATHER HATTON
AMOUNT
3,300.00
2,000.00
1,097.47
87.87
371.99
51.00
7,685.17
1,252.00
37,863.91
444.00
320.00
87,823.00
0.87
25,476.00
180.00
300.00
180.23
33.56
400.00
2,895.34
500.00
505.78
309.20
19,039.00
35,358.97
299.36
303.42
169.30
280.00
105.69
309.20
161.05
450.00
106.56
43.98
500.00
240.00
62.95
309.20
200.00
700.00
10.00
362.50
309.20
125.00
80.00
51,799.00
1,149.00
342.87
213,945.00
350.19
20.00
717.64
750.00
161.00
289.25
24.00
167.43
21,352.43
40.00
3
TRANS NBR
383558
383559
383560
383561
383562
383563
383564
383565
383566
383567
383568
383569
383570
383571
383572
383573
383574
383575
383576
383577
383578
383579
383580
383581
383582
383583
383584
383585
383586
383587
383588
383589
383590
383591
383592
383593
383594
383595
383596
383597
383598
383599
383600
383601
383602
383603
383604
383605
383606
383607
383608
383609
383610
383611
383612
383613
383614
383615
383616
383617
DATE
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
NEWSOM OIL COMPANY
TIM ZORC
TAW ORLANDO SERVICE CENTER INC
LOWES HOME CENTERS INC
WATER CANNON INC
ALEX MIKLO
ERIN BASKINS
W&G MAINTENANCE
PENGUIN RANDOM HOUSE LLC
SOUTHERN MANAGEMENT LLC
C E R SIGNATURE CLEANING
DYLAN REINGOLD
FAMILY SUPPORT REGISTRY
REI ENGINEERS INC
THE LAW OFFICES OF
NAPIER & ROLLIN PLLC
FOUNDATION FOR AFFORDABLE RENTAL
SYLIVIA MILLER
HAWKINS INC
ANFIELD CONSULTING GROUP INC
PRESTIGE HEALTH CHOICE
CATHEDRAL CORPORATION
MOCAVO INC
UNIFIRST CORPORATION
SUNSHINE HEALTH PLAN MEDICAID
SUNSHINE HEALTH PLAN MEDICAID
GOTTA GO GREEN ENTERPISES INC
BARSALOU VENTURES LLC
EGP DOCUMENT SOLUTIONS LLC
STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS'
VERO BEACH PLACE LLC
AC VETERINARY SPECIALTY SERVICES
EDWARD ILLIDGE
COLTON PARKER
MITY LITE INC
COVERALL NORTH AMERICA INC
MAGELLAN COMPLETE MEDICAID
PEOPLE READY INC
EMILY GOUGE
COLE AUTO SUPPLY INC
CANON FINANCIAL SERVICES INC
KIMBERLY RICCIARDONE
NORTH CAROLINA DEPARTMENT OF REVENUE
BETH NOLAN
ALLAN D KELLERMAN
THOMAS R PILIERO
NESTLE WATERS NORTH AMERICA
STUART RUBBER STAMP & SIGN CO INC
CORE & MAIN LP
GLOBAL TRACKING COMMUNICATIONS LLC
BROWNELLS INC
ALIBRIS
DANE CONTRACTING INC
GYRO-TRAC CORPORATION
THERNELL MILLS
STEPHEN STONE
JOSEPH LORINO
DIRECTV GROUP INC
TAYLOR ANNE HATTON
JOHN BIRHANZL
AMOUNT
589.93
269.46
1,636.80
2,576.11
137.99
280.00
21.44
9,490.00
181.50
3,949.75
850.00
107.82
9.66
2,000.00
200.00
105.00
561.00
1,420.00
1,389.10
10,000.00
87.24
2,579.56
995.00
949.24
162.55
703.25
50.00
483.00
74.24
903.00
450.00
176.11
140.00
40.00
7,905.25
2,230.00
299.78
4,359.54
60.00
2,401.40
259.06
400.00
86.67
62.00
15,420.00
20.00
168.12
103.17
4,426.39
575.76
2,519.42
97.80
14,402.00
17,820.00
60.00
100.00
180.00
106.76
40.00
267.06
4
TRANS NBR
383618
383619
383620
383621
383622
383623
383624
383625
383626
383627
383628
383629
383630
383631
383632
383633
383634
383635
383636
383637
383638
383639
383640
383641
383642
383643
383644
383645
383646
383647
383648
383649
383650
383651
383652
383653
383654
383655
383656
383657
383658
383659
383660
383661
383662
383663
383664
383665
383666
383667
383668
383669
383670
383671
383672
383673
383674
383675
383676
383677
DATE
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
ROBERT GONZALEZ
VIKING LANDSCAPING LLC
FARROW CONSTRUCTION CORP
DECKS & DOCKS LUMBER COMPANY INC
AMAZON CAPITAL SERVICES INC
VERONIQUE ORY STURIALE
ISCO INDUSTRIES INC
COMMONWEALTH OF MASSACHUSETTS
TMG UTILITY ADVISORY SERVICES INC
AMERIGAS PROPANE LP
KANSAS PAYMENT CENTER
GRBK GHO HOMES LLC
VERO'S VOICE LLC
JOHN J DRISCOLL
BRYAN CAVE LEIGHTON PAISNER LLP
JAMES ROMANEK
DEANGELO BROTHERS LLC
HOMEPROS INC
COASTLINE COOLING LLC
DERECK R PRINCE
JUDITH A BURLEY
DIANA L STILLMAN
MICHAEL & HEATHER DENNINGER
DEMI MARTORANO
SWIM 2 GUARD LLC
ABIGAILLE CAPOBIANCO
HAILEY-LYNN GABRIELLA WILSON
NICOLE ANTOSIA
VERO BEACH VETERINARY SERVICES PL
LANGERMAN CONSTRUCTION LLC
LAURYN MC DANIEL
JESSICA LYDA
DANIELLE RANDALL
DIANA BENNETT-CROSDALE
VESTA BALESTIERE
BENTON GRASS
TRIPLE CROWN SPORTS
NOELBIS ROSABAL
SCHMIDT REAL ESTATE FLORIDA LLC
MARKET REFRIGERATION INC
JAMES & CANDACE MARTIN
DANIEL & JUDITH MC COLLUM
CHRISTOPHER ANDREW MOLNAR
GLORIA LA ROCHE
JEFFERY STEINGOLD
KIMBERLY NILSEN
BRUCE & ELEANOR LEA
MAUREEN MATTHE W SON
FRANK & DOREEN LA MACCHIA
SUSAN MC CARTHY
JAMES & CONNIE WELLMAN
THOMAS ROMANO &
MARIE ANGELIQUE DUVALL
HENRY & EDITH ALTVATER
CAROLE CANNEY
MR. & MRS. MICHAEL GABOR
GERALD & JENNIFER CHIUSANO
PAUL J DIVERS
JOSEPH HANBY
APOSTOLIC ASSEMBLY OF THE FAITH IN
AMOUNT
256.06
7,500.00
10,450.50
1,725.00
4,185.37
30.00
2,426.00
154.00
13,039.07
3,790.72
219.69
79.00
1,000.00
120.00
1,244.00
100.00
423.00
31,725.00
190.00
250.00
143.50
25.00
117.00
40.00
210.00
530.00
380.00
270.00
121.00
1,526.18
53.35
53.35
53.35
34.83
867.84
125.00
150.00
120.66
150.00
523.86
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
309.20
154.60
309.20
2,258.28
5
TRANS NBR
383678
383679
383680
383681
383682
383683
383684
383685
383686
383687
383688
383689
383690
383691
383692
383693
383694
383695
383696
383697
383698
383699
383700
383701
383702
383703
383704
383705
383706
383707
383708
383709
383710
383711
383712
383713
383714
383715
383716
383717
383718
383719
383720
383721
383722
383723
383724
383725
383726
383727
383728
383729
383730
383731
383732
383733
383734
383735
383736
Grand Total:
DATE
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
SANTO THOMAS GAGLIANO
ROBERT H GIBSON
ROBERT L COON
NORMAN CHRISTENSEN
JOANNE COLLETT
SUSAN T KEPLER
MARIO TEIXEIRA
KATHLEEN LEAF
JANE PFEIFFER
ELIAS WOHAR
CONNECTYOURCARE LLC
DANIEL F POUCHER
BARRY M ROWLES
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
UTIL REFUNDS
UTIL REFUNDS
TIM BORDEN
AMOUNT
520.28
93.60
10.02
470.39
192.04
79.60
90.49
91.38
1,118.40
800.00
9.85
11.35
20.69
41.01
66.90
75.13
58.93
36.13
99.87
68.06
14.20
37.41
51.56
40.85
200.00
38.36
47.29
87.68
49.25
69.03
37.93
57.31
41.50
31.77
40.72
42.20
92.62
22.25
8.50
100.00
27.90
46.90
65.37
52.61
11.50
54.44
43.15
65.90
43.91
39.22
4.87
28.26
84.55
45.29
9.40
61.26
38.83
10.86
154.60
1,825,062.41
6
TRANS. NBR
1015171
1015172
1015173
1015174
1015175
1015176
1015177
1015178
1015179
1015180
1015181
1015182
1015183
1015184
1015185
1015186
1015187
1015188
1015189
1015190
1015191
1015192
1015193
1015194
1015195
1015196
1015197
Grand Total:
ELECTRONIC PAYMENT - VISA CARD
DATE
06/21/2019
06/25/2019
06/25/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/26/2019
06/27/2019
06/27/2019
06/27/2019
VENDOR
OFFICE DEPOT BSD CUSTOMER SVC
AT&T
WASTE MANAGEMENT INC
COPYCO INC
COLD AIR DISTRIBUTORS WAREHOUSE
INDIAN RIVER BATTERY
RING POWER CORPORATION
MIKES GARAGE & WRECKER SERVICE INC
DAVES SPORTING GOODS & TROPHIES
APPLE INDUSTRIAL SUPPLY CO
SMITH BROTHERS CONTRACTING EQUIP
MEEKS PLUMBING INC
ALLIED UNIVERSAL CORP
SOUTHERN COMPUTER WAREHOUSE INC
COMO OIL COMPANY OF FLORIDA
PRIDE ENTERPRISES
RECHTIEN INTERNATIONAL TRUCKS
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
L&L DISTRIBUTORS
HYDRA SERVICE (S) INC
ALLIED DIVERSIFIED OF VERO BEACH LLC
NEXAIR LLC
EFE INC
PACE ANYALYTICAL LLC
AT&T
OFFICE DEPOT BSD CUSTOMER SVC
COMCAST
AMOUNT
2,711.27
4,963.91
1,372.81
231.76
679.37
254.35
1,346.70
790.00
599.90
173.36
652.06
2,633.00
5,004.41
183.45
1,174.59
4,503.42
312.83
79.90
55.75
7,236.26
85.00
419.01
8,260.77
2,420.00
451.16
226.31
156.85
46,978.20
1
TRANS NBR
6868
6869
6870
6871
6872
6873
6874
6875
6876
6877
Grand Total:
ELECTRONIC PAYMENTS - WIRE & ACH
DATE
06/21/2019
06/24/2019
06/25/2019
06/25/2019
06/25/2019
06/25/2019
06/25/2019
06/26/2019
06/26/2019
06/26/2019
VENDOR AMOUNT
KIMLEY HORN & ASSOC INC 11,036.80
ATLANTIC COASTAL LAND TITLE CO LLC 18,779.50
HIGHMARK STOP LOSS 7,402.41
HUMANE SOCIETY 27,540.00
IRC CHAMBER OF COMMERCE 6,877.96
IRC CHAMBER OF COMMERCE 8,975.43
SENIOR RESOURCE ASSOCIATION 282,223.88
RX BENEFITS INC 263,378.16
INDIAN RIVER COUNTY PROPERTY APPRAISER 31.56
CLERK OF CIRCUIT COURT 68.36
626,314.06
1
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
CONSENT AGENDA
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Kendra Cope, M.S., Coastal Resources Coordinator
SUBJECT: FDEP Grant Agreement No. 19IR2, Indian River County Hurricane Irma
Recovery Project — Sector 7
DATE: June 21, 2019
DESCRIPTION AND CONDITIONS
In 2018 the Florida Legislature provided funds to assist Counties who experienced beach and
dune erosion caused by Hurricane Irma. The Department of Environmental Protection (FDEP)
developed the 2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune
system to distribute these funds. FDEP has issued Agreement No. 191R2 to commit State funds
for a reimbursement for the design and construction of a Hurricane Irma Recovery Project within
Indian River County's Sector 7 Project area, a critically eroded headland in the southern portion
of the County.
The attached Agreement commits up to $307,538 with no cost share requirements. The
Agreement identifies Indian River County as the Local Sponsor, County Coastal Resources
Coordinator Kendra Cope as the project manager, and has an expiration date of November 30,
2021.
FUNDING
Local funding for Beach Restoration includes a portion of the Local Option Tourist Tax Revenue.
Funding for the Sector 7 Beach and Dune Renourishment Project will be funded in the
FY2020/2021 budget Account No. 12814472-066512-17026, Beach Restoration Fund/Sector
7/Hurricane Irma.
RECOMMENDATION
Staff recommends the Board approve FDEP Grant Agreement No. 191R2 and authorize the
Chairman to sign the Agreement on behalf of the County. Following Board approval, the County
will transmit the partially executed Agreement to the State for final signatures. Upon receipt of
the fully executed original FDEP Grant Agreement 19IR2 from the State, staff will transmit to the
Clerk to the Board of County Commission for recording.
ATTACHMENT
1. FDEP Grant Agreement 191R2
2. Indian River County Grant Form No. 19IR2
APPROVED AGENDA ITEM FOR: JULY 9, 2019
15
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
Indian River County Hurricane Irma Recovery Project
19IR2
2. Parties
State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
(Department)
Grantee Name:
Indian River County
Entity Type: Local Government
Grantee Address: Indian River County Public Works, 1801 27th Street, Vero Beach, FL 32960 FEID:
59-2073525
Agreement Begin Date:
9/19/2017
Date of Expiration:
11/30/2021
(Grantee)
4. Project Number:
(lfdifferent from Agreement Number)
Project Description: The project consists of design and construction of the Indian River County Hurricane Irma Recovery Project.
Project Location(s):
Indian River County
5. Total Amount of Funding:
$307,538.00
Funding Source?
Award #s or Line Item Appropriations:
Amount per Source(s):
121 State ❑Federal
FY18-19 GAA Line #1594
$307,538.00
❑ State ❑Federal
❑ Additional Attachments (if necessary):
0 Exhibit A: Progress Report Form
0 Grantee Match
Z Exhibit C: Payment Request Summary Form
0 Exhibit D: Quality Assurance.Requirements for Grants
Total Amount of Funding + Grantee Match, if any:
$307,538.00
6. Department's Grant Manager
Name: Catheirne Florko
or successor
Address: 2600 Blair Stone Road, MS 3601
Tallahassee, FL 32399-3000
Phone: 850-245-7546
Email: catherine.florko@dep.state.fl.us
Grantee's Grant Manager
Name: Kendra Cope, M.S.
or successor
Address: Indian River County
1801 27th Street
Vero Beach, Florida 32960
Phone: 772-226-1569
Email: kcope@ircgov.com
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
IZ Attachment 2: Special Terms and Conditions
E 1 Attachment 3: Grant Work Plan
'v Attachment 4: Public Records. Requirements
Z Attachment 5: Special Audit Requirements
❑'Attachment 6: Program -Specific Requirements
0 Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.tldfs.com, in accordance with §215.985, F.S.
0 Attachment 8: Federal Regulations and Terms (Federal)
❑ Additional Attachments (if necessary):
0 Exhibit A: Progress Report Form
0 Exhibit B: Property Reporting Form
Z Exhibit C: Payment Request Summary Form
0 Exhibit D: Quality Assurance.Requirements for Grants
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
0 Additional Exhibits (if necessary):
DEP Agreement No. 19IR2
it. 6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s) (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D?
❑ Yes EN/A •
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below, whichever is later.
Indian River County
GRANTEE
Grantee Name
By
(Authorized Signature)
Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Print Name and Title of Person Signing
WI Additional signatures attached on separate page.
DEP Agreement No. 19IR2
. 2,r. 6/20/18
DWRA Additional Signatures
DEP Grant Manager
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
18
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement
period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment
3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or
(3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided
by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect
at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements.
Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's. Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days
of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department
letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department
approval of a CAP as specified above may result in Department's termination of this Agreement for
cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
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8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the. Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this. Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: www.mvfloridacfo.com/aadir/reference_guide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.myfloridacfo.com/Division/AANendors/default.htm.
j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
Attachment 1
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and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty (30) days.
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11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the
timeframe stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
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has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternatesource of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action;.(2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
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other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
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Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S.
26. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http ://dos. myflorida.com/library-arch ives/records-man a ge m ent/general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoringof any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps.fld fs.co m\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
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may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative
costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
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is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties, which by their nature would continuebeyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void orunenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
35. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 19IR2
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Indian River County Hurricane Irma Recovery Project. The Project
is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins on September 19, 2017 and ends
at the expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
O ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑
0 a. Fringe Benefits, N/A.
❑ ❑ b. Indirect Costs, N/A.
❑ Contractual (Subcontractors)
❑ 0 Travel
O 0 Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Travel.
Additional compensation for travel is not authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this. Agreement.
8. Match Requirements
See Attachment 3, Grant Work Plan.
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9. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue: policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as anadditional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's
liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement.
d. Other Insurance. None.
10. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
11. Retainage.
Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
12. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager
except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee
shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted
work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this
Agreement.
13. State-owned Land.
Special Terms for Projects on State -Owned Land. The Board of Trustees of the Internal Improvement Trust Fund
must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a
non-governmental entity, indemnified by the Grantee.
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
None.
Any terms added here must be approved by the Office of General Counsel.
Attachment 2
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ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Indian River County Hurricane Irma Recovery Project
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R97 and R108along the Atlantic Ocean in Indian River County,
Florida.
PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and
dune erosion along Indian River County. The 2018 Florida Legislature provided funds to assist counties
with beach and dune restoration projects. The Department developed the 2018 Hurricane Irma
Supplemental Funding Plan for Florida's beach and dune system to distribute these funds. Construction of
a storm recovery project is anticipated in FY2019-20 to repair storm damages.
PROJECT DESCRIPTION: The project consists of design and construction of the Indian River County
Hurricane Irma Recovery Project
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department s financial obligation shall not exceed the
sum of $307,538.00 for this Project or up to 100 percent of the non-federal Project cost, if applicable, for
the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is
an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code
F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in Section 112.061, Florida Statute (F.S.).
Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
https://floridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No.19IR2, Attachment 3, Page 1 of 3
32
Acronyms:
CCCL — Coastal Construction Control Line
DEP — Florida. Department of Environmental Protection
DMMA — Dredged Material Management Area
F.S. — Florida Statutes
F.A.C. — Florida Administrative Code
FEMA — Federal Emergency Management Agency
FWC — Florida Fish and Wildlife Conservation Commission
FWS — United States Fish and Wildlife Service
JCP — Joint Coastal Permit
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work for all tasks identified below, which shall include
a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of
completion for the proposed work and associated deliverables. Each scope of work shall be approved in
writing by the DEP Project Manager to be included into this work plan for reimbursement.
Task 1: Design
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
DEP Agreement No. 19IR2, Attachment 3, Page 2 of 3
33
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report must be
submitted detailing. activities completed during the payment request period. The Task Summary Report
must include the dates and descriptions of all activities, surveys and reports completed or in progress during
the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment. Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
Task #
Eligible
Project Tasks
State
Cost
Share
')/0)
Federal
Estimated
Project Costs
DEP
Local
Total
1
Design
100.00%
$49,841.00
$16,613.00
" $0.00
$66,454.00
Contractual Services
$290,925.00
09/19/2017
8/30/2021
Total:
$307,538.00
2
Construction
100.00%
$872,773.00
$290,925.00
P $0.00
$1,163,698.00
PROJECT
COSTS
$922,614.00
$307,538.00
r $0.00
$1,230,152.00
PROJECT TIMELINE BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task end date.
No.
Task Title
Budget Category
Amount
Task
Start
Date
Deliverable
Due Date
1
Design
Contractual Services
$16,613.00
09/19/2017
8/30/2021
2
Construction
Contractual Services
$290,925.00
09/19/2017
8/30/2021
Total:
$307,538.00
DEP Agreement No. 19IR2, Attachment 3, Page 3 of 3
34
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. 19IR2, Attachment 4, Page 1 of 1
Rev. 4/27/2018
35
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", DEP" "FDEP" FDEP„ "Grantor”, Grantor , or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F, and Section 215.97, F.S., as revised see "AUDITS below), monitoring procedures may include, but not
be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed •appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
1. In the event that the recipient expends $500,000 $750,000 for fiscal year start dates after December 26,
2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than $500,000 or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be
paid from non -Federal resources i.e., the cost of such an audit must be paid from recipient resources obtained
from other than Federal entities).
DEP Agreement No. 19182, Attachment 5, Page 1 of 5
Rev. 4/27/2018
36
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at www.cfda.gov
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97 2 n), Florida Statutes.
1. In the event that the recipient expends 'a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 local governmental entities) or 10.650 nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97 7 , Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2 , Florida Statutes, and Chapters 10.550 local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.comlfsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by
Section .320 d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
DEP Agreement No. 19IR2, Attachment 5, Page 2 of 5
Rev. 4/27/2018
37
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit,(a,dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a) the number of copies required by Sections .320 d) 1) and 2), OMB Circular A-133,
as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 e) and f ,
OMB Circular A-133, as revised, and 2 CFR §200.512.
2. Pursuant to Section .320 f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Agreement No. 19IR2, Attachment 5, Page 3 of 5
Rev. 4/27/2018
38
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPS ingleAudita,dep. state. fl. us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five 5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall
ensure that audit working papers are made available to the Department of Environmental Protection, or its designee,
Chief Financial Officer, or Auditor General upon request for a period of three 3) years from the date the audit report
is issued, unless extended in writing by the Department of Environmental Protection.
DEP Agreement No. 19182, Attachment 5, Page 4 of 5
Rev. 4/27/2018
39
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Category
New
Agreement
General Revenue
GAA Line # 1594
2018-2019
$
Beach Management Funding
Assistance Program
$307,538
087752
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
State
Appropriation
Category
New
Agreement
General Revenue
GAA Line # 1594
2018-2019
37.003
Beach Management Funding
Assistance Program
$307,538
087752
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
New
Agreement
General Revenue
GAA Line # 1594
2018-2019
37.003
Beach Management Funding
Assistance Program
$307,538
087752
Total Award $307,538
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com'fsaa/searchCatalog.aspx]. The services/purposes for
which the funds are to be used are included in the Agreement's Grant Work Plan, Any match required by the Recipient is clearly indicated in the Agreement.
Rev. 4/27/2018
DEP Agreement No. 19IR2, Attachment 5, Exhibit 1, Page 5 of 5
40
EXHIBIT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART I
PAYMENT SUMMARY
Name of Project: Indian River County Hurricane Irma Recovery Project
Local Sponsor: Indian River County
DEP Agreement Number: 19IR2
Remittance Address:
Billing Number:
Billing Type: ❑ Interim Billing ❑ Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share Total
$ $ $ $
*if applicable
Cost Summary:
State Funds Obligated
Less Advance Pay
Less Previous Payment
Less Previous Retained
Less This Payment
Less This Retainage (5%)
State Funds Remaining
DEP Agreement No. 191R2, Exhibit C, Page 1 of 5
Local Funds Obligated
Less Advance Pay
Less Previous Credits
Less This Credit
Local Funds Remaining
41
' Name of Project:
Billing Number: Person Completing Form & Telephone Number (2 :
DEP Agreement Number:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART II
Billing Period (1):
REIMBURSEMENT DETAIL
Item
#
Vendor
Name
Invoice
Number
Invoice
Date
Check
Number
Task
Number
33
SOW
Number
Invoice
Amount(4
Eligible
Cost (5)
Fed
Share
6
Federal
Share of
Invoice
Amount
7
Non-
Federal
Share
8
VsState
State
Share
9
Share
10)
Local
Share
11)
Retainage
Payment
12)
Withheld
Retainage
13)
State
Payment
14)
-
-
$0.00
0.00
0.00
0.00
-
Totals
-
Total Due to Local Sponsor (15)
Form Instructions:
1. Billing Period: Should reflect Invoice services performed date. (beginning date - earliest date of services, end date - latest date of services performed).
2. Person responsible for completing this form: Please identify the person responsible for completing information if clarification is needed.
3. Task #: Must identify Task..
4. SOW it: Must identify SOW(s) for each invoice. If invoice covers multiple SOW, that invoice would be listed multiple times, a line item for each SOW.
4. Invoice Amount
5. Eligible Cost: Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only.
6. % Federal Share: If applicable this should be the percentage listed in Agreement. Federal Share will be listed on Table 1 if applicable.
7. Federal Share: If applicable, Local Sponsor will multiply Eligible Cost by Federal Share Percentage.
8. Non -Federal Share: Eligible Cost 5) minus Federal Share of Invoiced Amount 7).
9. Percentage of State Share: This should be the State Share Percentage listed in Agreement.
10. State Share: Multiply Non -Federal Share by State Share Percentage. - 11. Local Share: Subtract State Share from Non -Federal Share.
12. Retainage Payment: Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested.
13. Withheld Retainage: Multiply State Share by 10%.
14. State Payment: Subtract Retainage from State Share.
15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). •
Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form.
Notes: For questions or concerns regarding this form please contact: Janice Simmons - (850)245-2978 or email at Janice.L.Simmons@dep.state.fl.us
DEP Agreement No. 19IR2, Exhibit C, Page 2 of 5
42
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT — PART III
PROJECT PROGRESS REPORT
Name of Project: Indian River County Hurricane Irma Recovery Project
Local Sponsor: Indian River County
DEP Agreement Number: 19IR2
Billing Number:
Report Period:
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.). NOTE: Use as
many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
DEP Agreement No. 1 9IR2, Exhibit C, Page 3 of 5
43
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT — PART IV
Name of Project: Indian River County Hurricane Irma Recovery Project
Local Sponsor: Indian River County
DEP Agreement Number: 19IR2
Billing Number:
Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local
Sponsor; that payment from the State Government has not been received; that the work and/or services are
in accordance with the Department of Environmental Protection, Beach Management Funding Assistance
Program's approved Project Agreement including any amendments thereto; and that progress of the work
and/or services are satisfactory and are consistent with the amount billed. The disbursement amount
requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan.
I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator
Name of Project Financial Officer
Signature of Project Administrator Date
Signature of Project Financial Officer Date
DEP Agreement No. 19IR2, Exhibit C, Page 4 of 5
44
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CONTRACT COMPLETION CERTIFICATION
PART V
Name of Project: Indian River County Hurricane Irma Recovery Project
Local. Sponsor: Indian River County
DEP Agreement Number: 19IR2
Task Completion ❑ List Task)
Contract Completion ❑
*I hereby certify that the above-mentioned Project task has been completed in accordance with the Project
Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds
expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued
on any unused portion of advanced funds which have not been remitted to the Department, have been
returned to the Department, or will be returned to the Department within sixty (60) days of the completion of
construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers
through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed.
Name of Project Manager
Signature of Project Manager Date
DEP Agreement No. 19IR2, Exhibit C, Page 5 of 5
45
GRANT NAME: Indian River County Hurricane Irma Recovery Project GRANT No. 19IR2
AMOUNT OF GRANT: $ 307,538
DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering
CONTACT PERSON: Kendra Cope. TELEPHONE: ext. 1569
1. How long is the grant for?
11/30/2021 Starting Date: Upon grant execution
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 0%
5. Grant match amount required $0
YES NO
X
X
X
6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)?
No matching funds needed. However, local funding is available for the Sector 7 Renourishment Project in Acct. No. 12814472-
066512-17001
7. Does the grant cover capital costs or start-up costs?
NO
If no, how much do you think will be needed in capital costs or start-up costs: $
(Attach a detail listing of costs)
8. Are you adding any additional positions utilizing the grant funds?
If yes, please list. (If additional space is needed, please attach a schedule.)
NO
Acct.
Description
Position
Position
Position
Position
Position
011.12
Regular Salaries
$0
Second Year
$ 0
$ 0
$ 0
011.13
Other Salaries & Wages (PT)
$ 0
$ 0
$ 0
$ 0
Fourth Year
012.11
Social Security
$ 0
$ 0
Fifth Year
$0
$0
012.12
Retirement — Contributions
012.13
Insurance — Life & Health
012.14
Worker's Compensation
012.17
S/Sec. Medicare Matching
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
Salary and Benefits
Operating Costs
Capital
Total Costs
10. What is the estimated cost of the grant to the county over five years? $ 0
Signature of Preparer:
Date:
46
Grant Amount
Other Match Costs Not Covered
Match
Total
First Year
$0
$0
$0
$0
Second Year
$ 0
$ 0
$ 0
$ 0
Third Year
$ 0
$ 0
$ 0
$ 0
Fourth Year
$ 0
$ 0
$ 0
$ 0
Fifth Year
$0
$0
$0
$0
Signature of Preparer:
Date:
46
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Andy P. Sobczak, Infrastructure Project Manager
SUBJECT: IRC Jail Complex Roofing Replacement, Recover and Repair Project, IRC -1735
Final Payment, Release of Retainage and Change Order No. 2
DATE: June 16, 2019
DESCRIPTION AND CONDITIONS
On April 3, 2018, the Board of County Commissioners awarded Bid No. 2018021 to Atlantic Roofing II of
Vero Beach, Inc. in the amount of $1,263,655.00 for the replacement of the aging roof system at the
Indian River County Jail Complex. Change Order No. 1 in the amount of $93,743.00 for additional roof
replacement above the Jail's sally port was approved by the Board on March 5, 2019 for a contract total
of $1,357,398.00.
Change Order No. 2 makes final adjustments to contract bid items resulting in a decrease to the total
contract amount by $79,925.78 for a final cost of $1,277,472.22 and makes final contract time
adjustments.
Atlantic Roofing II of Vero Beach, Inc. has successfully completed the project and has been paid
$1,193,902.92 with $62,837.00 held in retainage to date. Atlantic Roofing II of Vero Beach, Inc. has
submitted Contractor's Application for Payment No. 10/Final for final payment in the amount of
$20,732.30 and release of retainage in the amount of $62,837.00 for a total of $83,569.30.
FUNDING
Funding in the amount of $83,569.30 is budgeted and available from the following accounts:
Optional Sales Tax
Facilities Mgmt/Jail Roof
Account No. 31522019-066510-16030
$20,732.30
Optional Sales Tax — Retainage
Account No. 315-206000-16030
Facilities Mgmt/Jail Roof
$62,837.00
47
RECOMMENDATION
Staff recommends approval of Change Order No. 2 and payment of Application for Payment No. 10/Final
to Atlantic Roofing II of Vero Beach, Inc. in the amount of $83,569.30 for final payment and release of
retainage.
ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION
1. Contractor's Application for Payment No. 10/Final
2 . Change Order No. 2
APPROVED AGENDA ITEM FOR JULY 9, 2019
48
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
713
CONSENT
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
Release of Retainage - Work Order No. 9 Morgan & Eklund, Inc.
Legal Descriptions and Sketches for Beach Construction Easements
July 1, 2019
DESCRIPTION AND CONDITIONS
On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for
Professional Land Surveying and Mapping Services for a two-year term. The Board amended the
Contract on October 18, 2016. M&E is the selected County Consultant for professional
onshore/offshore hydrographic surveying services.
On January 22, 2019, the Board approved Work Order No. 9, in the amount of $68,022.50, for
services related to preparing legal descriptions and sketches for the approximate 338 parcels
adjoining the Sector 3, 5, and 7 ECL/Mean High Water line. These legal descriptions and sketches
were attached to the Construction Easement packages mailed to beachfront property owners
within the three project areas.
To date all work is 100% complete. The total amount of retainage withheld under Work Order
No. 9, is $6,681.51.
FUNDING
Local funding of Beach Restoration includes a portion of Local Option Tourist Tax. Funding in the
amount of $6,681.51 is budgeted and available. Release of retainage will be provided from
Account No. 128-206000-17001.
RECOMMENDATION
Staff recommends the Board approve the release of all withheld retainage under Work Order
No.9 in the amount of $6,681.51.
ATTACHMENT
The invoice is available for review in the Public Work Department
APPROVED AGENDA ITEM FOR: JULY 9, 2019
49
$E
CONSENT AGENDA
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: June 25, 2019
SUBJECT: Request for Ratification
Florida Department of Law Enforcement
FY18 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program
FROM: Kristin Daniels
Director, Management and Budget
DESCRIPTIONS AND CONDITIONS
Indian River County has been notified by the Florida Department of Law Enforcement (FDLE),
Office of Criminal Justice Grants, that $59,750 has been allocated in grant funds for FY 2018
Justice Assistance Grant Countywide (JAGC).
On June 19, 2019 Bob Solari, Chairman of the Board of County Commissioners executed the
FDLE Certificate of Participation on behalf of the Board.
RECOMMENDATION
Staff recommends that the Board of County Commissioners ratify the Chairman's action in
executing the Certificate of Participation.
50
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 28, 2019
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Award of Bid# 2019059 — Containment Coating at NCRO Facility
BACKGROUND:
On behalf of the Department of Utility Services, bids were solicited for the application of coatings
to protect the two concrete secondary containment areas at the South County RO Facility located
at 7751 58th Avenue. This work is necessary to ensure the longevity of the containment areas.
BID RESULTS:
Advertising Date: April 22, 2019
Bid Opening Date: May 16, 2019
Broadcast to: 288 Vendors
Bid Documents Downloaded by: 25
Replies: 5 Vendors
Firm
Location
Total Bid Price
Citrus Sandblast, LLC
Winter Garden
$23,740.00
Roof Painting By Hartzell
Pompano Beach
$52,228.00
Razorback, LLC
Tarpon Springs
$93,000.00
Southland Painting Corp.
Fort Lauderdale
$96,650.00
Harry's Painting (non-responsive; disclosure notarized, but not signed)
New Port Ritchey
N/A
ANALYSIS:
The department has determined Citrus Sandblast, LLC to be the lowest responsive and responsible
bidder. A reference check for a similar project for the City of Mount Dora provided positive
feedback.
SOURCE OF FUNDS:
Funding in the amount of $23,740 is budgeted and available in the Utilities Fund/General &
Engineering/NCWTF Resurface Chemical Containment account 47123536-044699-19520.
51
RECOMMENDATION:
Staff recommends that the Board award the bid to Citrus Sandblast, LLC, approve the sample
agreement and authorize the Chairman to execute said agreement after the County Attorney has
approved the agreement as to form and legal sufficiency, and receipt and approval of the vendor's
insurance.
Attachment:
Sample Agreement
52
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:
Secondary Containment Coating at North County RO Facility
ARTICLE 2 - THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Secondary Containment Coating at North County RO Facility
Bid Number: 2019059
Project Address: 7751 58th Ave., Vero Beach, FL 32967
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 14th day after the date
when the Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial Toss if the Work is not completed within the times specified in paragraph 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
Liquidated damages will commence for this portion of work. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual Toss 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
53
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.B, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $
Written Amount:
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Method of Payment
Owner shall make only one payment for the entire amount of the contract when the work has been
completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will
authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the
COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from
time to time (Section 218.70, Florida Statutes, et seq.).
5.02 Acceptance of Final Payment as Release
The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER
from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be
specifically excepted by the CONTRACTOR for all things done or furnished in connection with the
work under this Agreement and for every act and neglect of the OWNER and others relating to or
arising out of the work. Any payment, however, final or otherwise, shall not release the
CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the
Public Construction Bond.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the
Work.
54
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONTRACTOR, and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
55
(1) This Agreement (pages 1 to _, inclusive);
(2) Notice to Proceed
(3) Public Construction Bond (pages _ to inclusive);
(4) Certificate of Liability Insurance
(5) Invitation to Bid 2019059
(6) Addenda (numbers _ to , inclusive);
(7) CONTRACTOR'S Bid Form (pages _ to , inclusive);
(8) Bid Bond (pages _ inclusive);
(9) Bidders Questionnaire (pages _to _, inclusive);
(10) Drug Free Workplace Form (pages _ to , inclusive)
(11) Affidavit of Compliance (page _);
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages _ to , inclusive);
(13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(14) Certification Regarding Lobbying
(15) The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
56
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
9.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for
the Southern District of Florida.
9.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1)
Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public records that are exempt or
57
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the Custodian of Public Records, in a format that is compatible
with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Article 10: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have under this Contract or under law:
(1) if in. the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract. Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts
or equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved
thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify
CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10)
calendar days to cure the default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article
B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving
such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any
58
further right to possess or occupy the site or any materials thereon; provided, however, that the
OWNER may authorize CONTRACTOR to restore any work sites.
D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new
contract; and
(2) the difference between the cost of completing the new contract and the cost of completing
this Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to
enforce its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate
CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such
termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue
the work and immediately cease ordering of any materials, labor, equipment, facilities, or
supplies in connection with the performance of this Contract. Upon such termination Contractor
shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this Contract and the
specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime
contract and approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
F. TERMINIATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a
boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or
more, CONTRACTOR certifies that it and those related entities of respondent as defined above by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section
215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as
defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if. CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies, that existfor the purpose of making profit is
found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in
a boycott of Israel as set forth in section 215.4725, Florida Statutes.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or on their behalf.
59
This Agreement will be effective on , 20 (the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By:
Bob Solari, Chairman (Contractor)
By: (CORPORATE SEAL)
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Attest
Address for giving notices:
License No.
(Where applicable)
Deputy Clerk
(SEAL) Agent for service of process:
Designated Representative:
Name: Designated Representative:
Title: Name:
Address: Title:
Phone Address:
Email
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
60
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 28, 2019
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Award of Bid 2019065 — 55 Ton Detachable Gooseneck Lowboy Trailer
BACKGROUND:
On behalf of the Road and Bridge Division, bids were solicited for the purchase of a 55 -ton lowboy
trailer, which will be used to haul a long reach excavator anticipated to arrive in the fall.
BID RESULTS:
Advertising Date:
Bid Opening Date:
Broadcast to:
Bid Documents Downloaded by:
Replies:
May 25, 2019
June 20, 2019
389 Vendors
85 Firms
10 Vendors
Firm
IL' ation
[To [B'i.d Price
Rampant Trailers, LLC
Wendell, NC
$49,690.00
West -Mark
Ceres, CA
$53,950.00
Technology International, Inc.
Lake Mary, FL
$62,225.00
Trekker Tractor, LLC
Hialeah Gardens, FL
$66,471.00
Federal Contracts Corp.
Tampa, FL
$67,372.34
Globe Trailer Manufacturing, Inc.
Bradenton, FL
$68,660.00
Flagler Construction Equipment, LLC
Davie, FL
$73,685.00
True North Logistics, LLC
Downers Grove, IL
$83,624.00
Dobbs Equipment, LLC *non-responsive: disclosure not notarized
West Palm Beach, FL
N/A - DQ
Linder Industrial *non-responsive: mandatory forms not submitted
Pembroke Pines, FL
N/A - DQ
ANALYSIS:
The department has reviewed the submitted bids and determined Rampant Trailers, LLC to be the
lowest responsive, responsible bidder.
61
SOURCE OF FUNDS:
Funding in the amount of $49,690 is budgeted and available in the Transportation Fund/Road &
Bridge/ Other Machinery & Equipment account 11121441-066490.
RECOMMENDATION:
Staff recommends that the Board award bid 2019065 to Rampant Trailers, LLC, and authorize the
Purchasing Division to issue a Purchase Order in the amount of $49,690.
62
8i4
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 28, 2019
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Authorization to Increase Blanket Purchase Orders
BACKGROUND:
Blanket Purchase orders are issued at the request of using departments to enable as needed
purchases over the course of the fiscal year. The Purchasing Manager may approve purchase
orders up to $25,000 (not associated with a bid or contract), and the Administrator is currently
authorized in Chapter 105 of the County Code to approve purchase orders up to $50,000.
DISCUSSION:
The needs of some departments may exceed the Administrator's approval authority during the
course of a fiscal year. Many of these purchases reflect needs that are not easily addressed
through the bid process.
The Road and Bridge Division owns 17 pieces of Caterpillar equipment: seven Motor Graders,
four Large Excavators (2 Wheel, 2 Track), two Mini Excavators, two Front End Loaders, one Skid
Steer Loader and one Vibratory Roller. Maintenance and as needed repairs are completed by
the Fleet Division, with common parts kept on hand and other parts ordered as necessary. Kelly
Tractor is the authorized Caterpillar Dealer for parts and service for our area.
The need for non -OEM parts to maintain and repair County vehicles has increased. Staff is
working to ensure available cooperative contracts for parts are utilized.
The price of some chemicals used by the Department of Utility Services fluctuates greatly,
making it difficult to lock in pricing via bid for more than a few months at a time. As such, the
department obtains a minimum of three quotes for those materials, which the vendors will
honor for a specific period (typically 90 days). A blanket Purchase Order is issued to the lowest
quoting vendor and utilized until the quote is no longer valid.
The Department of Utility Services has been utilizing directional boring, rather than pavement
cutting, in the last few years to connect new, or replace existing water service in cases where
63
the main is located across the street from the service address. This method is quicker, protects
the pavement, and eliminates the requirement to restrict access to the road. Utilization of this
service has increased and the Department intends to go out to bid to establish firm fixed pricing
for this work going forward.
The Fire Rescue Division needs to maintain a sufficient supply of medications and supplies to
treat a variety of needs; however, the Division must carefully monitor the shelf life of each
item.
As additional funds are needed on each Purchase Order, a request is made through the
department director to the Budget Office. The Budget Office verifies funds are available and
forwards the request to Purchasing. If all required approvals are in place, the Purchasing
Division adds the requested funds to the Purchase Order.
Pre -authorization by the Board for these requested increases will ensure the increases can be
made expeditiously, after confirmation of the availability of funds by the Budget Office.
FUNDING:
Funds are or will be made available as indicated in the tables below.
Fleet Division Requests
PO#
Vendor and Material
Current
Amount
Encumbered
on PO
Maximum
amount
requested for
this FY
Amount spent
with this vendor
for this material
last FY
Total amount
spent on this
product/service
last FY
81808
Kelly Tractor; Caterpillar
Equipment Parts and Oil
Testing
$50,000
$100,000
$84,913
$149,704
81835
Cole Auto; Non OEM
parts
$50,000
$75,000
$40,980
$52,277
Account Number
Additional funds currently available in account
501-141024 — Inventory Parts
$125,983
Department of Utility Services Requests
PO#
Vendor and Material
Current
Amount
Encumbered
on PO
Maximum
amount
requested for
this FY
Amount spent
with this vendor
for this material
last FY
Total amount
spent on this
product/service
last FY
83348
Allied Universal Corp.;
Caustic Chemicals for
Water Treatment Plants
$50,000
$75,000
$59,135
$200,518
Account Number
Additional funds currently available in account
47121936-035230 — Water Production Chemicals
$82,500
64
PO#
Vendor and Material
Current
Amount
Encumbered
on PO
Maximum
amount
requested for
this FY
Amount spent
with this vendor
for this material
last FY
Total amount
spent on this
product/service
last FY
82694
Eastern Pipeline
Construction;
Directional boring for
new and replacement
water service
$46,700
$67,200
$37,588
$37,588
Account Number
Additional funds currently available in account
47126936-033190 — Water Distribution Other
Professional Services
$24,012
Fire Rescue — Medical Supplies
PO#
Vendor and Material
Current
Amount
Encumbered
on PO
Maximum
amount
requested for
this FY
Amount spent
with this vendor
for this material
last FY
Total amount
spent on this
product/service
last FY
81536
Cardinal Health —
glucose, atrophine,
sodium, albuterol,
glucometers, and
glucometer strips
$50,000
$75,000
$44,523
$44,523
Account Number
Additional funds currently available in account
11412022-035270 — Medicine and Medical Supplies
$48,324
RECOMMENDATION:
Staff recommends the Board of County Commissioners authorize increases to the listed
Purchase Orders as approved by the Budget Office, up to the maximum amount requested for
the current fiscal year.
65
CONSENT
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason Brown
County Administrator
FROM: Suzanne Boyll
Human Resources Director
DATE: June 28, 2019
SUBJECT: Approval of Blue Medicare Advantage Renewal
BACKGROUND:
Under Florida Statute, retirees of the County are eligible to continue health insurance under the
County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain
age 65 are provided the option to enroll in the Blue Medicare Advantage Plan. The Board of
County Commissioners approved the current Blue Medicare Group PPO 2 RX 1 plan in August
2018 at a monthly premium of $316.55.
Two retirees are insured under this plan. The County provides a health insurance subsidy of 54%
for one retiree and 60% to the other retiree at an annual cost of $4,330.40 per year.
Staff received a renewal evaluation for the plan year beginning October 1, 2019, reflecting a
decrease in the monthly premium from $316.55 to $295.11.
In order to provide the same level of benefits to covered retirees that results in a premium
savings to both the retirees and the County, staff is recommending renewal of the current plan
at a monthly premium of $295.11. The retirees' share of the monthly premium would be reduced
from $145.61 to $135.75 and $126.62 to $118.04 respectively and maintain current benefit
levels. The County's cost would reduce from $4,330.40 to $4,037.16 annually — a savings of
6.77%.
FINANCIAL IMPACT:
A breakdown of the financial impact of the renewal proposal is listed below:
PPO2Rx1
MAP Plan
Monthly
Premium
Annual
MAP
Premium
Annual
Retiree
Premium
Annual IRC
Subsidy
Current
$316.55
$7,597.20
$3,266.76
$4,330.44
Renewal
$295.11
$7,082.64
$3,045.48
$4,037.16
$ Change
($21.44)
($514.56)
($221.28)
($293.28)
% Change
6.77%
6.77%
6.77%
6.77%
66
This expense is funded from the OPEB Trust fund.
RECOMMENDATION:
Staff recommends and respectfully requests that the Board approve the renewal of the current
Blue Medicare PPO 2 RX 1 plan effective October 1, 2019 through September 30, 2020 and
authorize the Chairman to execute the renewal agreement.
ATTACHMENTS:
• . Indian River County Retiree Medicare Advantage Renewal Evaluation effective October 1,
2019
67
Florida, Mue �s0
In the pursuit of health°
Indian River County BOCC #90000
2019 BlueMedicare Group PPO (Employer PPO) Health Benefits
Y0011 34432 M 0918 EGWP C: 09/2018
68
1
BlueMedicare Group PPO Plan 2
Premium (per member, per month)
$295.11 for PPO2Rx1
Annual Deductible
$0 In -Network / $2,000 Out -of -Network
Out -of -Pocket Maximum
(based on plan year)
$2,000 In -Network / $4,000 Out -of -Network
In -Network out-of-pocket maximum accumulates
toward Out -of -Network out-of-pocket maximum
Physician Offi=ce
Primary Care (per visit)
In -Network $35 Copayment
Out -of -Network Deductible & 40% Coinsurance
Specialist Care (per visit)
In -Network $50 Copayment
Out -of -Network Deductible & 40% Coinsurance
Convenient Care Center
In -Network / Out -of -Network $50 Copayment
Podiatry Services (per visit)
(routine foot care up to 6 visits per year)
In -Network $50 Copayment
Out -of -Network Deductible & 40% Coinsurance
Chiropractic Services (per visit)
For each Medicare -covered visit (manual
manipulation of the spine to correct
subluxation)
In -Network $20 Copayment
Out -of -Network Deductible & 40% Coinsurance
Outpatient Mental Health Care (per visit)
For individual or group therapy
(including partial hospitalization)
In -Network $40 Copayment
Out -of -Network Deductible & 40% Coinsurance
Outpatient Substance Abuse Care
(per visit)
In -Network $40 Copayment
Out -of -Network Deductible & 40% Coinsurance
Part B drugs (including chemotherapy)
In -Network 20% coinsurance
Out -of -Network Deductible & 40% Coinsurance
Allergy Serums for Injection
In -Network $10 Copayment
Out -of -Network Deductible & 40% Coinsurance
Y0011 34432 M 0918 EGWP C: 09/2018
68
1
Benefits
BlueMedicare Group PPO Plan 2
Other Services
Outpatient Surgery
In -Network
• $250 Copayment for each outpatient hospital
facility visit
• $175 Copayment for each visit to an
ambulatory surgical center
Out -of -Network Deductible & 40% Coinsurance
Diagnostic Tests, X -Rays
Office
IDTF
Outpatient Hospital
In -Network
• PCP $35 Copayment
• Specialist $50 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $100 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $250 Copayment
Out -of -Network Deductible & 40% Coinsurance
Lab Services
Independent Clinical Lab
Outpatient Hospital
All Locations
In -Network $0 Copayment
In -Network $30 Copayment
Out -of -Network Deductible & 40% Coinsurance
Advanced Imaging (MRI, MRA, CT Scan,
PET Scan and Nuclear Medicine)
Office
IDTF
Outpatient Hospital
In -Network $175 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $175 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $250 Copayment
Out -of -Network Deductible & 40% Coinsurance
Y0011 34432 M 0918 EGWP C: 09/2018
69
2
Benefits
BlueMedicare Group PPO Plan 2
Outpatient Hospital Services (per visit)
Occupational Therapy, Physical Therapy,
Speech & Language Therapy, Cardiac
Rehab (including intensive cardiac rehab)
Pulmonary Rehab
Radiation Therapy
Dialysis
Lab Only
All Other Diagnostic Tests, X -Rays,
Advanced Imaging, etc.
In -Network $40 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $30 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $50 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network / Out -of -Network 20% Coinsurance
In -Network $30 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network $250 Copayment
Out -of -Network Deductible & 40% Coinsurance
Urgently Needed Care
(This is not emergency care, and in most
cases is out -of -the -service area.)
In -Network / Out -of -Network $50 Copayment
Emergency Services
(Including Worldwide Coverage)
In -Network / Out -of -Network $75 Copayment
($25,000 maximum per plan year for worldwide
emergency services received outside the U.S.)
Medicare -Covered Dental, Hearing and
Vision
In -Network $50 Copayment
Out -of -Network Deductible & 40% Coinsurance
Home Health
In -Network / Out -of -Network $0 Copayment
Ambulance
In -Network / Out -of -Network $150 Copayment for
Medicare -covered ambulance services
Outpatient Medical Services and Supplies
Durable Medical Equipment/Diabetic
Supplies
Diabetic Supplies (glucose meters, test
strips and lancets)
Note: needles, syringes and insulin for self -
injection are covered under your Part D
benefit
Equipment: Plan -Approved Electric
Customized Wheelchairs, Electric Scooters
All Other Medicare -Covered Durable
Medical Equipment
In -Network $0 Copayment
Out -of -Network Deductible & 40% Coinsurance
In -Network 20% Coinsurance
Out -of -Network Deductible & 40% Coinsurance
In -Network $0 Copayment
Out -of -Network Deductible & 40% Coinsurance 70
Y0011 34432 M 0918 EGWP C: 09/2018
3
11.11.1111111111111111111111111111
BlueMedicare Group PPO Plan 2
Prosthetic. Devices
In -Network $0 Copayment for Medicare -covered
items
Out -of -Network Deductible & 40% Coinsurance
Outpatient Rehabilitation
Occupational Therapy, Physical Therapy,
Speech & Language Therapy, Cardiac
Rehab (including intensive cardiac rehab)
Office or Freestanding Facility Services
Outpatient Hospital Services
Pulmonary Rehab
In -Network $40 Copayment for each visit
Out -of -Network Deductible & 40% Coinsurance
In -Network $40 Copayment for each visit
Out -of -Network Deductible & 40% Coinsurance
In -Network $30 Copayment for each visit
Out -of -Network Deductible & 40% Coinsurance
Dialysis
In-Network/Out-of-Network 20% Coinsurance
InpatientCare
Inpatient Hospital Care
(including substance abuse treatment)
In -Network
• $250 Copayment each day for day(s) 1-7 for
a Medicare -covered stay in a network
hospital
• After the 7th day, the plan pays 100% of
covered expenses per stay
Out -of -Network Deductible & 40% Coinsurance
Inpatient. Mental Health Care
(in a certified psychiatric facility)
190 -day lifetime limit in a psychiatric hospital
In -Network
• $250 Copayment each day for day(s) 1-7 for
a Medicare -covered stay in a network
hospital
• $0 Copayment each day for day(s) 8-90 for a
Medicare -covered stay in a network hospital
Out -of -Network Deductible & 40%Coinsurance
Skilled Nursing Facility
(in a Medicare -certified skilled nursing
facility)
There is a limit of 100 days for each benefit
period
3 -day prior hospital stay is not required
In -Network
• $0 Copayment each day for days 1-20 per
benefit period
• $100 Copayment each day for days 21-100
per benefit period
Out -of -Network Deductible & 40% Coinsurance
Hospice
Member must receive care from a Medicare -certified
hospice
Y0011 34432 M 0918 EGW P 'C: 09/2018
71
4
Benefits
BlueMedicare Group PPO Plan 2
Preventive Services
Annual Screening Mammograms
(for women with Medicare, age 40 and older)
In -Network $0 Copayment for Medicare -covered
screening mammograms
Out -of -Network 40% Coinsurance
Pap Smears and Pelvic Exams
(for women with Medicare)
In -Network .
• $0 Copayment per pap smear
• $0 Copayment per pelvic exam
Out -of -Network 40% Coinsurance
Bone Mass Measurement
(for people with Medicare who are at risk)
In -Network $0 Copayment for each Medicare -
covered bone mass measurement
Out -of -Network 40% Coinsurance
Colorectal Cancer Screening Exams
(for people with Medicare age 50 and older)
In -Network $0 Copayment for Medicare -covered
colorectal screening exams
Out -of -Network 40% Coinsurance
Prostate Cancer Screening Exams
(for men with Medicare age 50 and older)
In -Network $0 Copayment for Medicare -covered
prostate cancer screening exams
Out -of -Network 40% Coinsurance
Medicare -Covered Immunizations
In -Network
• $0 Copayment for influenza vaccine
• $0 Copayment for pneumococcal pneumonia
vaccine
• $0 Copayment for hepatitis B vaccine
Out -of -Network 40% Coinsurance
Supplemental Benefit
Fitness Program 1
Free membership through SilverSneakers
BlueMedicare Group PPO out-of-pocket maximum includes all covered health services member cost
share rendered in/out of network on a Plan Year basis. Supplemental services and Part D costs are
not applied to medical out-of-pocket maximum.
Medicare Part B - the premium provided under this plan excludes the Medicare Part B premium
payments. (Members must continue to pay the Medicare Part B premium unless paid by Medicaid or
another third party.)
Florida Blue is a PPO Plan with a Medicare contract. Enrollment in Florida Blue depends on contract
renewal.
72
Y0011 34432 M 0918 EGWP C: 09/2018 5
Florida, Mete V.
In the pursuit of health°
Indian River County BOCC #90000
2019 BlueMedicare Group Rx (Employer PDP)
Benefits
BlueMedicare Group Rx Option 1
Included in PPO2Rx1
Premium
Annual Deductible
$0
Retail
31 -day Supply
Tier 1 - Preferred Generics
$10 Copayment
Tier 2 - Generics
$10 Copayment
Tier 3 - Preferred Brand
$40 Copayment
Tier 4 - Non -Preferred Brand
$70 Copayment
Tier 5 - Specialty Drugs
25% Coinsurance
Mail Order
90 -day Supply with Mail Order
Tier 1 - Preferred Generics
$0 Copayment
Tier 2 - Generics
$0 Copayment
Tier 3 - Preferred Brand
$80 Copayment
Tier 4 - Non -Preferred Brand
$140 Copayment
Tier 5 - Specialty Drugs
25% Coinsurance (31 -day supply only)
Gap
31 -day Supply
Tier 1 - Preferred Generics
$10 Copayment
Tier 2 - Generics
$10 Copayment
Tier 3 - Preferred Brand
$40 Copayment
Tier 4 - Non -Preferred Brand
$70 Copayment
Tier 5 - Specialty Drugs
25% Coinsurance
Catastrophic
$3.40 Copayment for generic drugs
$8.50 Copayment for brand drugs
Florida Blue is an Rx (PDP) Plan with a Medicare contract. Enrollment in Florida Blue depends on
contract renewal.
Prescription drug copayments do not accumulate towards the health plan -year out-of-pocket
maximum.
Part D Creditable Coverage — The enrolling member may incur Part D late enrollment penalties as
defined and set by CMS in accordance with Part D guidelines if prior creditable coverage cannot be
proven.
73
Y0011 34435 M 0918 EGWP C: 09/2018
Mae
In the pursuit of health'
BLUEMEDICARE GROUP MASTER AGREEMENT
SECTION 1: INTRODUCTION
This BlueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations
which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group
Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare
Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered
Retirees and Covered Dependents.
References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue
Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage
and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"),
a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan
which you have established is described in the Evidence of Coverage.
SECTION 2: DEFINITIONS
Certain terms defined in the Agreement are also used and defined (for the convenience of Covered
Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first
word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this
Agreement:
Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual
anniversaries or such other date as mutually agreed to in writing by the parties.
Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to
deny a request for coverage of health care services or prescription drugs or payment for services or drugs.
CMS means the Centers for Medicare and Medicaid Services.
CMS Requirements means the provisions of Parts C and D of Title XVIII of the Social Security Act,
CMS Medicare Part C and D regulations at 42 C.F.R. Parts 422 and 423, the CMS Managed Care and
Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida
Blue's contracts with CMS to offer the Medicare Plans.
Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility
requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the
Agreement other than as a Covered Retiree.
Covered Person means a Covered Retiree or a Covered Dependent.
Covered Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements
described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement
other than as a Covered Dependent.
74
Effective Date for the Group means 12:01 a.m. on the date specified on the last page of this Agreement
and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence
of Coverage.
Eligible Dependent means an individual who meets and continues to meet all of the eligibility
requirements described in the Evidence of Coverage.
Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements
set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible Retiree is
not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by us.
Enrollment Forms means those forms, electronic or paper, which are approved by us and used to maintain
accurate enrollment files under the Agreement.
Grace Period means the sixty (60) calendar day period beginning on the date the Premium is due.
Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS
Requirements to submit a Grievance) about us or one of our network providers or pharmacies, including
a complaint concerning the quality of care. This type of complaint does not involve coverage or payment
disputes.
Group means the employer, labor union, association, partnership, corporation, department, other
organization or entity through which coverage and benefits are issued by us.
Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group.
References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents,
Covered Retirees and/or Covered Dependents depending on the context and intent of the specific
provision.
Group Master Agreement or Agreement means the written document which is evidence of the entire
agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered
Persons.
Late Enrollment Penalty ("LEP") means an amount added to the Part D Premium of an individual who
did not have Part D coverage or other creditable prescription drug plan when the individual first became
eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least
63 days.
Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying
Covered Persons with Medicare Part D coverage.
Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan,
and/or standalone Medicare Prescription Drug Plan that you select.
Premium means the amount required to be paid by the Group to us for coverage under this Agreement.
Service Area means a geographic area where a Medicare Plan accepts members.
75
SECTION 3: ELIGIBILITY, ENROLLMENT, AND DISENROLLMENT
A. Eligibility Determination
Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step
process:
1. You will determine whether the individual is eligible to participate in the retiree group health
benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly
forward completed applications to us. You are responsible for complying with all applicable laws
and regulations, including but not limited to the Employee Retirement Income Security Act
(ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also
comply with all eligibility guidelines included in the benefit administrative guide and Evidence
of Coverage.
2. After receiving a complete application, we will process the application in accordance with CMS
Requirements. An application must be approved by us and accepted by CMS for an individual to
be enrolled in a Medicare Plan.
B. Distribution of Enrollment Materials
You may only distribute materials describing the Medicare Plan that we have provided to you or that we
have approved in writing. You will distribute any pre -enrollment materials that we provide to you to each
potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you
from making additional disclosures about your group health benefit plan as applicable to comply with
ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are
solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare
Plan(s).
C. Group Disenrollment
If you decide to disenroll all Covered Persons from a Medicare Plan, you must:
1. Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide
this notice at least twenty one (21) calendar days before the disenrollment. This notice will explain
how to contact Medicare for information about other plan options that may be available. You will
include language provided by Florida Blue in this notice to meet specific CMS Requirements for
notice contents.
2. Provide us with all information necessary to submit a complete disenrollment request transaction
to CMS in accordance with CMS Requirements.
3. In the event of termination of this Agreement, provide advanced notice in accordance with Section
4 of this Agreement.
D. Individual Covered Person Disenrollment
Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for
continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you
76
inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue
determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll
an individual, you must:
1. Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or
disenrollment election of an individual; and
2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days
advanced notice of the termination and of other insurance options that are available to them. You
will include language provided by Florida Blue in this notice to meet specific CMS Requirements
for notice contents.
The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original
Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that
organization).
SECTION 4: TERM AND TERMINATION
A. Term of Agreement and Renewal Process
This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group
Application; and (2) that you pay the required initial Premium specified by us.
This Agreement shall continue in effect until the first Anniversary Date following the Effective Date
unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall
automatically renew each succeeding year on the Anniversary Date for an additional one-year period
unless:
1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not
want the Agreement to automatically renew; or
2. It is terminated as permitted by its terms.
At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of
changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice").
If this Agreement renews as specified above, all of its terms and provisions (including the Premium due)
shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern
coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change
in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews
each year on your Anniversary Date unless terminated earlier in accordance with its terms.
B. Termination by Group
The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty
(60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below.
C. Termination by Florida Blue
We may terminate this Agreement or refuse to renew for the following reasons:
77
1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not
received timely Premium payments prior to the end of the Grace Period. Termination of this
Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the
event of such termination, you are obligated to pay the following:
a. Any portion of the Premium due for coverage provided by us prior to termination; and
b. Any amounts otherwise due us.
2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any
practice, that constitutes fraud or make an intentional misrepresentation of material fact.
3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material
provision which relates to rules for Group contributions or Covered Person participation; or (2)
any provision in this Agreement which relates to LIS or other CMS Requirements.
4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service
Area.
5. Termination or Non -renewal of the CMS Contract. We will provide you with at least ninety
(90) calendar days' notice upon termination or non -renewal of our contract with CMS.
Except as specifically provided in this/ Subsection 4.C, if we decide to terminate or not renew the
Agreement based on one or more of the circumstances mentioned above, we will give you at least forty-
five (45) calendar days advance written notice.
D. Notification of Termination to Covered Retirees
It is your obligation to immediately notify each Covered Person of any such termination of this Agreement
for any reason, consistent with the requirements of Section 3 of this Agreement.
E. Representations Made By, and Obligations of, the Group
In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the
representations you made when you applied for coverage with us and your representation that you have
authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act
by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you
shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You
agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials
to Covered Persons.
SECTION 5: PAYMENT PROVISIONS
A. Monthly Invoice
We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice
will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons
and changes in the types of coverage that took place in the previous or current month.
78
If you become aware that a Covered Person will become ineligible, you must provide us with written
notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the
Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date
of disenrollment, which is set by CMS Requirements.
You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay
for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group
invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the
total amount of the Group invoice.
B. Payment Due Date
The first Premium payment is due before the Effective Date of the Agreement. Each following payment
is due monthly unless you agree with us in writing on some other method and/or frequency of payment.
The Premium is due and payable on or before the first day of each succeeding calendar month to which
such payments apply.
C. Grace Period
This Agreement has a sixty (60) calendar day Premium payment Grace Period, which begins on the date
the Premium payment is due. If we do not receive the required Premium payment on or before the date it
is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If
Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and
proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement.
D. Changes in Premium
Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding
renewal.
E. Other Rules Regarding the Payment of Premiums
1. CMS rules govern the effective date of any disenrollment of a Covered Person under this
Agreement, and we are not required to retroactively terminate this Agreement or coverage for any
Covered Person.
2. If full payment of the Premium is not paid when due, this Agreement may be terminated as
described in Section 4 of this Agreement.
F. Premium Subsidization
You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance
with all applicable laws and regulations relating to your subsidy of Premiums, including ERISA and CMS
Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for
different classes of Eligible Retirees only if such classes are reasonable and based on objective business
criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered
Person's eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a
given class of Eligible Retirees. In no case will you charge an Eligible Retiree more than the sum of the
monthly Premium that we charge you for the Medicare Plan benefits.
79
G. Low Income Subsidy
You will comply with the following requirements in connection with LIS:
1. You are required to pass through any LIS payments received from CMS to reduce the Premium
amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person's
share of Premium. You may not benefit from any LIS amount until the Premium for a Covered
Person (including amounts for the non -drug benefits in a combined Medicare Advantage
Prescription Drug Plan) paid by a Covered Retiree is reduced to zero ($0.00).
2. You are responsible for reducing up -front Premium contributions that you collect from Covered
Retirees for any Covered Persons eligible for LIS. In limited situations where you are unable to
reduce the up -front Premium contribution (e.g. if LIS is awarded retroactively), you will directly
refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days of the date you
receive the LIS amount from Florida Blue.
H. Late Enrollment Penalty (LEP)
The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP
for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive
from us.
I. Premium Billing
You will be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group
members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined
by CMS. You will also be responsible for any LEP charges that Group members have been assessed by
CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges
are payable on the first day of each following month during the time this Agreement is in effect.
J. Retroactive Premium Adjustment
The monthly charge will be determined from our records by the number of Covered Retirees who have
been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made
for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed
through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed
to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by us.
Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered
Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must
refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely
manner.
SECTION 6: HOST BLUE PLANS
A. Out -of -Area Services — Medicare Advantage
We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to
generally as the "Inter -Plan Medicare Advantage Program." This Program operates under rules and
procedures issued by the Blue Cross Blue Shield Association ("Association"). When members access
80
healthcare services outside the geographic area we serve, the claim for those services will be processed
through the Inter -Plan Medicare Advantage Program. The Inter -Plan Medicare Advantage Program
available to members under this agreement is described generally below.
B. Member Liability Calculation
When you receive Covered Services outside of our service area from a Medicare Advantage PPO network
provider, the cost of the service, on which member liability (copayment/coinsurance) is based, will be
either:
• The Medicare allowable amount for covered services; or
• The amount either we negotiate with the provider or the Host Blue negotiates with its provider on
behalf of our members, if applicable. The amount negotiated may be either higher than, lower than,
or equal to the Medicare allowable amount.
C. Nonparticipating Healthcare Providers Outside Our Service Area
When Covered Services are provided outside of our service area by nonparticipating healthcare providers,
the amount(s) a member pays for such services will be based on either the payment arrangements,
described above, for Medicare Advantage PPO network providers, Medicare's limiting charge where
applicable or the provider's billed charge. In these situations, the member may be responsible for the
difference between the amount that the nonparticipating healthcare provider bills and the payment we will
make for the covered services as set forth in this paragraph. Payments for out -of -network emergency
services will be governed by applicable federal and state law.
SECTION 7: GENERAL PROVISIONS
A. Administration and Record Retention
You must provide us with any information we need to administer the coverage and/or benefits to be
provided or needed to compute the Premium due. While this coverage is in force, we have the right, at
any reasonable time, to examine your records on any issues necessary to verify information provided by
you. You must retain all records relating to this Agreement, including but not limited to those relating to
LIS administration, for the current calendar year plus an additional ten (10) years.
B. Assignment and Delegation
You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without
our written consent. Any assignment, delegation, or transfer made in violation of this provision shall be
void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an
affiliated entity without your consent at any time.
C. Authorization
Where this Agreement requires that an act involving the administration of coverage and/or benefits be
authorized or approved by us, such authorization or approval shall be considered given when provided in
writing by a duly authorized officer of Florida Blue or his or her designee.
81
D. Evidence of Coverage
We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of
Coverage will describe the coverage and benefits to be provided to Covered Persons by us.
You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements
to it) and other coverage materials to Covered Persons.
E. Grievance and Appeals Process
We have established and will maintain a process for hearing and resolving Grievances and Appeals raised
by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in
the Evidence of Coverage.
F. Changes to the Agreement
Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements
("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such
changes shall become effective as amendments to this Agreement upon expiration of this sixty (60)
calendar day notice period.
Except in the case of (a) CMS Mandated Amendments or (b) Renewal Notices as described in Section
4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless
such change is made by a written amendment signed by one of our duly authorized officers. For example,
no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or
provisions of this Agreement except as stated in the first sentence of this paragraph.
G. Furnishing and Maintaining Enrollment Records
You must provide any information required by us for the purpose of creating and maintaining enrollment
records, processing terminations, and recording changes in family status. In addition, you and each
Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are
responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and
forwarding them to us, along with the applicable Premium payment. All enrollment record information
which is relevant to the eligibility or coverage status of any individual must be made available to us for
inspection and copying upon request.
H. Errors or Delays
Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not
invalidate coverage which would otherwise be validly in force or continue coverage which would
otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment
information. Errors or delays by you in furnishing accurate enrollment information to us will not affect
our right to strictly enforce any and all eligibility requirements.
I. Entire Agreement
This Agreement sets forth the exclusive and entire understanding and agreement between the parties and
shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, successors,
82
heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded
hereby. No oral statements, representations, or understanding by any person can change, alter, delete, add
or otherwise modify the express written terms of this Agreement, which includes the terms of coverage
and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments,
amendments or riders.
J. Financial Responsibilities of the Group
We reserve the right to recover any benefit payments made to or on behalf of any individual whose
coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care
services rendered subsequent to the Covered Person's termination date and prior to the date notice of
coverage termination is required to be made by you. Your cooperation with and support such recovery
efforts is required.
In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly
Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for
a Covered Person's disenrollment.
K. Indemnification
You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses
(including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection
with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in
the performance of your obligations under this Agreement. We are not your agent, nor are you our agent,
for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28.
L. Representations on the Group Application and the Enrollment Forms
We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage;
the appropriate Premium and financing method; and eligibility for coverage. All such information must
be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not
warranties.
We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or
if you make an intentional misrepresentation.
M. Reservation of Right to Contract
We reserve the right to contract with any individuals, corporations, associations, partnerships, or other
entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due,
under this Agreement.
N. Service Mark
You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding
that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent
corporation operating under a license with the Blue Cross and Blue Shield Association, an association of
independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use the Blue Cross
and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the
83
Association. You further acknowledge and agree that you have not entered into this contract based upon
representations by any person other than us and that no person, entity, or organization other than us shall
be held accountable or liable to you for any of our obligations created under this Agreement. This
paragraph shall not create any additional obligations whatsoever on our part other than those obligations
created under other provisions of this Agreement.
O. Third Party Beneficiary
This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group.
The terms and provisions of the Agreement shall be binding solely upon, and inure solely to the benefit
of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this
Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third -party
beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health
care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's
provider networks shall not be third -party beneficiaries under this Agreement, including the Evidence of
Coverage.
P. Inspection and Audit
You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or
their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care
documentation, documents, papers, and other records pertaining to coverage by providing records to
Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend
ten (10) years from the expiration or termination of the Agreement or completion of final audit, whichever
is later, unless otherwise required by applicable law.
Q. Benefit Administrator Guide
We will provide you with a Benefit Administrator Guide, which provides details related to how your plan
is administered and your responsibilities as a benefit administrator.
R. Member Communications and Campaigns
We may send CMS required or Florida Blue member communications without your consent. Samples of
all required materials are available upon request for informational purposes.
We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any
campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will
notify you of the campaign prior to making contact with members.
S. COBRA
You are solely responsible for determining when individuals are eligible for coverage under a Medicare
Plan pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). You will notify us
promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the
Benefit Administrator Guide.
84
In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement,
Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River County
Board of County Commissioners the benefits of this Agreement as set forth in the attached Evidence of
Coverage beginning on each enrollee's effective date.
The Group has selected the following plan and premium: PPO2 RX1 @ $295.11
The Group's Agreement is effective as of October 1, 2019.
IN WITNESS WHEREOF, the parties have executed this Agreement as of July 9, 2019.
Blue Cross Blue Shield of Florida, Inc.
(DBA Florida Blue)
Indian River County Board of County
Commissioners
By: By:
(Signature) (Signature)
Name: Lynn Esposito Name: Bob Solari
(Please Print or Type) (Please Print or Type)
Title: Vice President, Sales Operations Title: Chairman
85
33OffCONSENT: 7/9/2019 433-
Office
ice of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: July 1, 2019.
SUBJECT: Annual Resolution re Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a
State Declared Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his
designee, the authority to declare states of local emergencies and to act in
a State of Florida declared emergency affecting Indian River County from
July 9, 2019 through December 31, 2020.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the resolution delegating authority to the County Administrator, or
his designee, to declare states of local emergencies and to act in a state
declared emergency affecting Indian River County effective from July 9,
2019 through December 31, 2020.
/nhm
Attachment: Resolution
86
RESOLUTION NO. 2019-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING
AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE
STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE
OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN
RIVER COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to declare that a state of local emergency exists in Indian River
County to the County Administrator acting as Indian River County Emergency Services
District Director for any local emergency that may arise from July 9, 2019 through calendar
year 2020; and
WHEREAS, the Board has determined that it is in the best interests of the County to
delegate the authority to issue orders and rules, including Emergency Orders, during a
State of Florida declared emergency affecting Indian River County to the County
Administrator acting as Indian River County Emergency Services District Director for any
declared emergency that may arise from July 9, 2019 through calendar year 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
Commencing July 9, 2019, and continuing through December 31, 2020, the Indian
River County Administrator acting as Indian River County Emergency Services District
Director, or his designee, is hereby delegated the authority: (i) to declare a state of local
emergency for Indian River County pursuant to Florida Statutes section
252.38(3)(a)(5)(2017); and (ii) to issue orders and rules, including, without limitation, the
ability to issue Emergency Orders for Indian River County, during a period of a declared
emergency pursuant to any duly issued Executive Order concerning Emergency
Management issued by the Governor of the State of Florida declaring that a disaster
and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and
(4) respectively] exists in Indian River County.
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:
87
RESOLUTION NO. 2019 -
Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the Resolution duly passed and adopted this 9th
day of July, 2019 with an effective date of July 9, 2019.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
By By
Deputy Clerk Bob Solari, Chairman
88
CONSENT: 7/9/2019
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: July 1, 2019
SUBJECT: Annual Resolution Delegating the Authority to the County
Administrator or his designee, to execute Resolutions Calling Letters
of Credit as Necessary during a Declared State of Local Emergency or
Declared State of Florida Emergency Affecting Indian River County
The attached resolution delegates to the County Administrator, or his designee,
the authority to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from July 9, 2019 through December 31, 2020.
Funding:
There are no costs associated with this agenda item.
Requested Action:
Adopt the resolution delegating authority to the County Administrator, or his
designee, to execute resolutions calling letters of credit as necessary during a
declared state of local emergency or declared State of Florida emergency affecting
Indian River County from July 9, 2019 through December 31, 2020.
/nhm
Attachment: Resolution
89
RESOLUTION NO. 2019-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY
ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS, CALLING
LETTERS OF CREDIT AS NECESSARY DURING A DECLARED STATE OF
LOCAL EMERGENCY OR DECLARED STATE OF FLORIDA EMERGENCY
AFFECTING INDIAN RIVER COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 101.05.1,q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board
of County Commissioners; and
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty of improvements as well as compliance and restoration of sand
mines, and many letters of credit have certain call language requiring a resolution of the Board of
County Commissioners declaring default or failure to post alternate security; and
WHEREAS, during a declared State of Local Emergency or declared State of Florida
Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners
would meet; and
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit which might expire or otherwise require
action to be taken during the period of such declared emergency; and
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the
County Administrator or his designee during the period of such declared emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute
resolutions on behalf of the Board of County Commissioners to call letters of credit which
might expire or otherwise require action to be taken during the period of a declared State of
Local Emergency or declared State of Florida Emergency affecting Indian. River County. Any
resolutions executed by the County Administrator or his designee, to call letters of credit
during any declared State of Local Emergency or State of Florida Emergency affecting Indian
River County are to be accompanied by a copy of this Resolution.
2. The Effective Date of this Resolution is July 9, 2019, and this Resolution shall continue in
effect through calendar year 2020.
This Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
90
Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared this Resolution duly passed and adopted this 9th day of
July, 2019.
Attest: Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Bob Solari, Chairman
91
CONSENT: 7/9/19
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold - County Attorney
DATE: July 1, 2019
RE:
Resolutions Delegating the Authority to the County. Administrator or his. Designee
to Call Letters of Credit and to Act on Behalf of Indian River County during the
time frames of July 17, 2019, through and including August 12, 2019; and August
14, 2019, through and including September 9, 2019
The Indian River County Board of County Commissioners has canceled regularly scheduled
meetings during the two time frames of July 17, 2019, through and including August 12, 2019;
and August 14, 2019, through and including September 9, 2019. During these two intervals, it is
necessary and desirable that the Board delegate to the County Administrator, or his designee, the
authority to call Letters of Credit that may expire during these two time intervals. Further, it is
necessary and desirable that the Board delegate to the County Administrator, or his designee the
authority to execute all other documents necessary for the proper functioning of the County
Funding:
There is no expense associated with this item.
Requested Action:
Authorize the Chairman to sign the two Resolutions as presented, delegating the authority to
call Letters of Credit and delegating full signing authority during the periods commencing July
17, 2019, through and including August 12, 2019; and August 14, 2019, through and including
September 9, 2019, respectively.
/nhm
Attachments
92
RESOLUTION NO. 2019-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING JULY 17, 2019, THROUGH AND
INCLUDING AUGUST 12, 2019, AND FURTHER DELEGATING TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO
EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER
FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING
JULY 17, 2019, THROUGH AND INCLUDING AUGUST 12, 2019.
WHEREAS, at the October 23, 2018 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing July 17, 2019, through
and including August 12, 2019;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board
of County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee; and
WHEREAS, pursuant to Resolution No. 2019- and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator acting as Indian River County Emergency Services District Director, or his designee,
the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning
Emergency Management issued by the Governor of the State of Florida declaring that a disaster
and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4)
respectively] exists in Indian River County, to issue orders and rules, including, without limitation,
93
the ability to issue Emergency Orders for Indian River County, during the period of the declared
emergency, and such delegation in Resolution No. 2019- remains in full force and effect; and
WHEREAS, pursuant to Resolution No. 2019- , the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of
Florida emergency affecting Indian River County, and such delegation in Resolution No. 2019 -
remains in full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute
resolutions on behalf of the Board of County Commissioners to call letters of credit which might
expire or otherwise require action to be taken during the period commencing July 17, 2019, through
and including August 12, 2019. Any resolutions executed by the County Administrator or his
designee, to call letters of credit during the period commencing July 17, 2019, through and including
August 12, 2019, are to be accompanied by a copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
July 17, 2019, through and including August 12, 2019, provided that all such documents signed
during such interval are brought to the Board of County Commissioners for ratification.
3. The Effective Date of this Resolution is July 17, 2019, and this Resolution shall expire
without further action of this Board at the close of business on August 12, 2019.
This Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
94
The Chairman thereupon declared this Resolution duly passed and adopted this 9th day of
July, 2019.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Bob Solari, Chairman
95
RESOLUTION NO. 2019-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE
RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY
DURING THE PERIOD COMMENCING AUGUST 14, 2019, THROUGH AND
INCLUDING SEPTEMBER 9, 2019, AND FURTHER DELEGATING TO
THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY
TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER
FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING
AUGUST 14, 2019, THROUGH AND INCLUDING SEPTEMBER 9, 2019.
WHEREAS, at the October 23, 2018 Board of County Commissioners meeting, the Board
canceled regularly scheduled Board meetings during the period commencing August 14, 2019,
through and including September 9, 2019;
WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to
authorize the County Administrator, or his designee, to perform other duties on behalf of the Board
of County Commissioners;
WHEREAS, various letters of credit are posted with the County to, among other things,
guaranty performance or warranty as well as compliance and restoration of sand mines, and many
letters of credit have certain call language requiring a resolution of the Board of County
Commissioners declaring default or failure to post alternate security;
WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of
the Board of County Commissioners to call letters of credit;
WHEREAS, it is necessary to delegate additional signing authority, not previously delegated
by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each
of the County Administrator or his designee; and
WHEREAS, pursuant to Resolution No. 2019- and section 101.10(1) of The Code of
Indian River County, the Board of County Commissioners delegated to the Indian River County
Administrator acting as Indian River County Emergency Services District Director, or his designee,
the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida
Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning
Emergency Management issued by the Governor of the State of Florida declaring that a disaster
and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4)
respectively] exists in Indian River County, to issue orders and rules, including, without limitation,
96
the ability to issue Emergency Orders for Indian River County, during the period of the declared
emergency, and such delegation in Resolution No. 2019- remains in full force and effect; and
WHEREAS, pursuant to Resolution No. 2019- , the Board of County Commissioners
delegated to the Indian River County Administrator or his designee, the authority to execute
resolutions on behalf of the Board to call letters of credit which might expire or otherwise require
action to be taken during the period of a declared state of local emergency or declared State of
Florida emergency affecting Indian River County, and such delegation in Resolution No. 2019 -
remains in full force and effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Administrator, or his designee, is hereby delegated the authority to execute
resolutions on behalf of the Board of County Commissioners to call letters of credit which might
expire or otherwise require action to be taken during the period commencing August 14, 2019,
through and including September 9, 2019. Any resolutions executed by the County Administrator or
his designee, to call letters of credit during the period commencing August 14, 2019, through and
including September 9, 2019, are to be accompanied by a copy of this Resolution.
2. The County Administrator, or his designee, is hereby authorized to execute all documents
necessary to the proper functioning of the County, which may arise during the period commencing
August 14, 2019, through and including September 9, 2019, provided that all such documents signed
during such interval are brought to the Board of County Commissioners for ratification.
3. The Effective Date of this Resolution is August 14, 2019, and this Resolution shall expire
without further action of this Board at the close of business on September 9, 2019.
This Resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote, the vote
was as follows:
Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
97
The Chairman thereupon declared this Resolution duly passed and adopted this 9th day of
July, 2019.
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Clerk
Approved as to form and
legal sufficiency
By
Dylan Reingold, County Attorney
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Bob Solari, Chairman
98
?hi
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board of County Commissioners
From: Kristin Daniels
Director, Office of Management & Budget
Date: July 2, 2019
Subject: Miscellaneous Budget Line Transfer
Description and Conditions
1. The County is converting to a Voice Over Internet Protocol (VoIP) phone system. Rewiring of
the Administrative Building B, Main Library and North County Library to support the new
network will be necessary in the amount of $39,531. The one-time purchase of VoIP
compatible telephones will cost $173,013. Funding for these expenditures totaling $212,544
will be made available by a line transfer from the unspent balance in the Optional Sales
Tax/Fiberoptics account. In addition, the Courthouse will also need to be rewired for a cost of
$63,873. Funding for this expense will be made available with a line transfer from the unspent
balance in Court Facilities/New Courtroom Facilities account. Recurring annual costs totaling
$205,476 have been included in the FY 19/20 budget. Migrating to a VoIP system will save
the County approximately $200,000 every three years due to the elimination of the end of life
current PBX phone system charge.
Staff Recommendation
Staff recommends the Board of County Commissioners approve the budget line transfer.
99
Entry
Number
Fund/ Department/Account Name
Account Number
Increase
Decrease
1.
Expense
Optional Sales Tax/Facilities MaintNoice Over IP
31522019-066510-19026
$212,544
$0
Optional Sales Tax/Facilities Maint/Fiberoptics
31522019-066510-03006
$0
$212,544
Court Facilities Maint/Facilities Maint/Voice Over IP
14022019-066510-19026
$63,873
$0
Court Facilities Maint/Facilities Maint/New Courtroom
Facilities
14022019-066510-12009
$0
$63,873
100
Consent Item 9V
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: June 28, 2019
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: Arjuna Weragoda, PE, Capital Projects Manager
Subject: Amendment 1 to Work Order No. 1 with Arcadis for Design, Procurement and Construction
Administration to Rehabilitate the RAS/WAS Pumps at the Central Wastewater Treatment
Plant
Descriptions and Conditions:
On March 26, 2019, the Indian River County Board of County Commissioners (BCC) approved Work Order
No. 1 to Arcadis US, for professional engineering services to remedy the return -activated sludge/waste-
activated sludge (RAS/WAS) system at the Central Wastewater Treatment Facility (CWWTF). During the kick
off meeting, staff brought up additional items that are a part of deferred maintenance that would require
design and bidding.
Analysis:
At that meeting on May 3, 2019, staff requested Arcadis submit a proposal for professional engineering
services to include the additional work at the CWWTF. The additional work comprises of the following:
• Replace the existing VFDs for each of the RAS and WAS pumps (10 total)
• Replace the existing level sensors (four total) with two (2) in the RAS/WAS splitter
box and two (2) in the thickened sludge storage tanks
• Replace the existing 150 gallons per minute (gpm) rotary drum thickener (RDT)
with a new unit rated at 300 gpm
• Develop phasing plan for construction to ensure continued operation
• Develop bid documents, provide pre-bid support, and bid recommendation
Per the Continuing Consulting Engineering Services Agreement for professional engineering services dated
April 17, 2018, Arcadis submitted a proposal for design, bidding assistance and construction management
services. Arcadis has submitted Amendment No.1 to Work Order No. 1, which includes providing
professional services for design, specifications/bid documents, and construction observation to
rehabilitate the RAS/WAS pump system and the RDT at the Central WWWTF. The total negotiated cost
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for the additional work for professional services is a sum amount of $44,075, which brings the total
contract amount to $110,598.
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
CWWTF RAS/WAS Rehabilitation
47123536-044699-19516
$44,075.00
Recommendation:
Staff recommends that the Board of County Commissioners approve Amendment No.1 to Work Order
No. 1 with Arcadis, in the amount of $44,075.00, for Professional Services that include design,
specifications/bid documents, and construction observation services to rehabilitate the Return -Activated
Sludge/Waste-Activated Sludge pump system and the rotary drum thickener at the Central Wastewater
Treatment Facility, and authorize the Chairman to execute said work order on their behalf.
Attachments:
1. Work Order No.1: RAS and WAS pump replacement (9 Pages)
C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@880D1627\@BCL@880D1627.docx
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CCNA2018 AMENDMENT 1 TO WORK ORDER 1
RAS and WAS Pump Replacement at the Central WWTP
This Amendments to Work Order Number 1 is entered into as of this 2_ day of _July_, 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 Arcadis,
US ("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work
Order Number 1, Effective Date March 26, 2019
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work)
attached to this Amendment and made part hereof by this reference. The professional services will be performed
by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more
particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the
Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set
forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order
shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By: By:
, Chairman
Print Name:
Title:
BCC Approved Date:
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:
Dylan T. Reingold, County Attorney
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ATTACHMENT A
ADDITIONAL SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES
FOR
RAS AND WAS VFD AND ROTARY DRUM THICKENER
REPLACEMENT AT THE CENTRAL WASTEWATER PLANT
1 OVERVIEW
1.1 Background
Indian River County (COUNTY) operates the 4 MGD Central Region Wastewater Treatment Plant. A
condition assessment of the facility was recently completed as a part of the COUNTY asset management
program. During this assessment it was found that the Return Activated Sludge (RAS) Pumps and Waste
Activated Sludge (WAS) Pumps and associated piping and valves were in poor condition due to
equipment age and environmental corrosion and are recommended for replacement. The COUNTY has
requested a proposal from Arcadis U.S., Inc. (CONSULTANT) to provide professional engineering
services for design, phasing plan for operations and bidding, and limited construction administration
services.
The proposed work will be authorized under the Continuing Consulting Engineering Services Agreement
for professional engineering services dated April 17, 2018. The terms and conditions of the referenced
Contract apply. This scope is an addendum and the additional design items will be added on to the
existing scope of work approved on March 26, 2019.
1.2 Design Concept
The original design concept as discussed on a call between COUNTY and CONSULTANT on January 9,
2019 and approved by the County commission on March 26, 2019. The concept was then amended, and
additional scope was requested on May 3, 2019. The additional scope of services includes the following
items:
• Replace the existing VFD's for each of the RAS and WAS pumps (10 total)
• Replace the existing level sensors (4 total) with two (2) in the RAS/WAS splitter box and two (2) in
the thickened sludge storage tanks.
• Replace the existing 150 gpm rotary drum thickener (RDT) with a new unit rated at 300 gpm.
• Develop phasing plan for construction to ensure continued operation
• Develop bid documents, provide pre-bid support, and bid recommendation
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• Provide limited construction administration services
• Produce record drawings based on contractor supplied "as builts" and conditions observed during
site visits
2 SCOPE OF WORK
2.1 Task 1 - Project Management
The CONSULTANT will provide the following services throughout the duration of the project as needed:
• Coordination between CONSULTANT Project Team and COUNTY Project Team.
• Manage project schedule and budget.
• Prepare and distribute agendas and support documentation for project meetings and workshops.
• Prepare and distribute meeting summaries from project meetings and workshops.
• Prepare and submit monthly progress reports and invoices.
• Preparation and implementation of Quality Control Plan and CAD Plan
Deliverables:
• Meeting Summaries
• Monthly Progress Reports
• Monthly Invoices
2.2 Task 2 —Project Kickoff and Site Visit
CONSULTANT shall prepare and lead one project kickoff meeting with appropriate COUNTY staff to
review the scope of work, project schedule, data needs and key milestones. Prior to the kickoff meeting,
CONSULTANT will submit a proposed agenda that will include: (1) items to be discussed, (2) specific
questions to be answered, and (3) additional data requests.
Immediately following the project kickoff meeting, CONSULTANT and COUNTY will conduct a
walkthrough of the RAS/WAS Pumps to gather necessary information on the system configuration and
operation. The team will obtain input on the design, operational and maintenance issues, and will
interview staff to identify RAS/WAS system constraints and requirements.
2.3 Task 3 — Basis of Design
2.3.1 Draft Preliminary Design Technical Memorandum
Utilizing information obtained from the kickoff meeting, site visit and data provided by the OWNER,
CONSULTANT will assess and confirm the limits of the replacement needs for the associated piping,
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valves, wiring and appurtenances and variable frequency drives associated with the RAS/WAS Pumps.
Additionally, the consultant will review the existing level sensors within the RAS/WAS splitter box and the
existing 150 gpm rotary drum thickener for replacement. CONSULTANT will review available information
on the existing RAS/WAS Pumps and RDT, including as -built drawings, equipment cut sheets, and
historical operating data to establish replacement requirements for the new pumps. As part of this
assessment, CONSULTANT will identify up to three suitable equipment manufacturers that can meet the
performance and retrofit requirements to replace the existing equipment within the existing site with
minimal modifications and have the manufacturer provide a list of installations of their equipment within
Florida.
CONSULTANT will develop concept level construction costs for the replacement of the pumps along with
a preliminary construction schedule and phasing plan that will allow for construction/replacement work to
occur while the Central Wastewater Plant is maintained in service.
CONSULTANT will prepare a draft Preliminary Design Technical Memorandum summarizing the findings
and recommendations of the pump replacement assessment. The memorandum will be submitted to the
COUNTY for review and comment. An electronic copy (.pdf) of the draft memorandum will be submitted
to the COUNTY.
Task 2.3.2 Meeting to Review Draft Technical Memorandum
Within about two weeks after the draft technical memorandum submittal, CONSULTANT will lead a
meeting with the COUNTY to review the information presented in the memorandum and gather OWNER
comments. The meeting will serve as an open forum to discuss preliminary design issues, including
equipment preferences.
Task 2.3.3 Final Preliminary Design Technical Memorandum
Upon receiving comments at the review meeting, CONSULTANT will finalize the preliminary design
recommendations and prepare and submit a Final Preliminary Design. Technical Memorandum. An
electronic copy (.pdf) of the final memorandum will be submitted to the COUNTY.
2.4 Task 4 — Detailed Design
Based upon the recommendations presented in the Preliminary Design Technical Memorandum, the
CONSULTANT will develop design documents. These design documents will consist of Contract
Drawings and Technical Specifications and will be incorporated by the COUNTY into a bid package for
public procurement. The COUNTY'S Standard "front end" documents consisting of General Conditions
will be utilized. Contract Drawings will be prepared in AutoCAD 2018 or later version. Technical
Specifications will follow the MasterFormat® 2016 from the Construction Specifications Institute (CSI).
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The Final Design will be delivered at two stages of completion to allow for input by the COUNTY. The
stages will be 90% and 100%/Bid Ready. At each stage, an engineer's opinion of probable construction
cost (EOPCC) will be provided.
2.4.1 90% Design
CONSULTANT will prepare a 90%design submittal composed of contract drawings (11"x 17") and draft
technical specifications and bid form. Five hard copies of the 90% design package and one electronic
copy will be submitted to the COUNTY for review.
2.4.2 90% Design Submittal Review Meeting
CONSULTANT will prepare and lead one meeting to review the 90% design submittal and discuss
COUNTY comments within about two weeks after the submittal of the 90% contract documents.
CONSULTANT will prepare and distribute a meeting agenda and minutes documenting comments and
action items from the design review meeting.
2.4.3 100% Design/Bid submittal
Based on the comments received from the COUNTY on the 90% design submittal, CONSULTANT will
prepare a 100%/Bid design submittal composed of contract drawings (11" x 17") and final technical
specifications and bid form. CONSULTANT will provide five hard copies and an electronic copy in .pdf
format of the final specifications and plans.
2.4.4 Construction Cost Estimates and Schedule
An opinion of probable construction costs and schedule will be prepared for each of the 90% and 100%
(final opinion of construction cost) submittals. The opinion of construction costs will utilize appropriate
contingency factors for the level of completion at the various design stages.
2.4.5 QA/QC
Quality Assurance/Quality Control: The CONSULTANT will provide quality assurance and quality control
(QA/QC) reviews at each major milestone deliverable (90%) of the project. For this service, the
CONSULTANT will utilize the services of senior and/or experienced professional engineers across the
disciplines represented in the design. The professionals, who will make up the QA/QC Team, will
purposely be staff not routinely engaged in the project. The QA/QC Team will prepare written comments
at the appropriate stages of the design that will be incorporated into revised documents.
2.5 Task 5 — Bidding Services
The COUNTY will procure services from a qualified General Contractor (GC) through a public
procurement process. The CONSULTANT will provide the following services in connection with the public
procurement:
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1 Attend a pre-bid meeting and site visit. COUNTY to prepare and publish all addenda and
clarifications.
2. Prepare draft responses to requests for information from prospective bidders. Prepare responses
for addenda to interpret, clarify or expand the contract documents
3. CONSULTANT will contact up to two references of the apparent low bid contractor to assess
qualifications.
4. Prepare a conformed set of drawings and specifications incorporating revisions from addenda
during the bidding phase.
COUNTY to confirm bids are compliant with the bid requirements. COUNTY to provide compiled
Microsoft Excel file with each bidder's cost information. Alternative equipment proposed by potential
bidders will not be evaluated by CONSULTANT during the bidding process.
Deliverables:
• Written responses to questions received during bidding process via email
• Bid evaluation letter
• Conformed documents (final pdf digitally signed and sealed)
2.6 Task 6 Construction Management Services
The following construction phase services are predicated on one construction contract with an estimated
6 -month construction duration to substantial completion. Full-time onsite observation of construction or
resident project representative (RPR) services are not included.
2.6.1 Meetings and Site Visits
The CONSULTANT shall arrange and lead a construction kickoff meeting, during which the COUNTY, the
CONSULTANT and the contractor shall discuss project requirements, define responsibilities, and receive
the contractor's plan to complete the work. The CONSULTANT shall conduct up to six 4 -hour site visits
during the replacement of the pumps to confirm the work appears to be proceeding in accordance with the
design. Upon substantial completion of the work, the CONSULTANT shall conduct a site visit with the
Contractor and COUNTY to develop a punch list of outstanding work items. Upon completion of the work,
the CONSULTANT shall conduct a final site visit to confirm the work is in conformance with the contract
documents. The CONSULTANT shall submit a summary report following each site visit.
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2.6.2 Construction Administration
The contractor will prepare shop drawings for the selected equipment and other components of the work
as specified in the contract documents. These shop -drawing submittals will be reviewed by the
CONSULTANT for compliance with the design concept and contract requirements. The CONSULTANT
shall provide a recommendation on the submittal to the OWNER.
The CONSULTANT shall also receive and respond to contractor Requests for Information (RFI) or request
for clarification of the contract documents or design intent. The CONSULTANT
2.6.3 Startup Assistance
The CONSULTANT shall assist the OWNER and the contractor during checkout, startup and
commissioning. It is anticipated that installation, startup and acceptance will be completed one pump at a
time to ensure the facility can remain operational throughout construction. CONSULTANT startup and
testing assistance will include presence at startup testing; providing technical guidance during operational
confirmation and acceptance testing; and reviewing test data. The CONSULTANT shall be available for a
one four-hour day for startup and testing.
Review of Contractor Pay Applications is not included in this scope of services.
2.7 Task 7 — Post -Construction Activities
The CONSULTANT will provide the following services during and subsequent to the completion of the
construction:
2.7.1 Record Drawings:
CONSULTANT will prepare final record drawings from the Contractor supplied "as -built" information. The
CONSULTANT provide COUNTY with one PDF set.
3 SCHEDULE
A preliminary schedule of the work (calendar days from notice to proceed) is summarized below. The
schedule is based upon an original notice to proceed (NTP) date of March 25, 2019 and a revised date of
June 11,2019, for the amended scope to go before the County Commission. Design work will still proceed
while the scope and fee are reviewed and amended.
Table 1. Preliminary Schedule
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Milestone
Calendar Days to
Complete Task
Completion Date
(Calendar Days
from NTP)
Completion
Date
Notice to Proceed (NTP) 0
25 -Mar -19
Kick-off 39 39 3 -May -19
Revised scope 39 78 11 -Jun -19
Draft TM 30 108 11 -Jul -19
County Review 14 122 25 -Jul -19
Final TM 30 152 24 -Aug -19
90% Submittal 60 212 23 -Oct -19
County Review 14 226 6 -Nov -19
100%/Bid Ready Submittal 21 247 27 -Nov -19
City Review 14 261 11 -Dec -19
Bid Ready Documents 14 275 25 -Dec -19
Bidding Services As needed
Construction Management Services
As needed (estimated 6
months of construction)
4 COMPENSATION AND METHOD OF PAYMENT
The compensation to be paid to the CONSULTANT for providing the services described in the above scope
of work will be on a "lump sum by task" basis as described in the breakdown provided in the Attached Fee
Schedule. The original agreed upon task order fee is $66,523. The additional design work will be $44,075.00
for the increase in scope. The CONSULTANT may adjust budget between tasks as needed, if the total lump
sum is not exceeded.
The CONSULTANT will submit invoices to the COUNTY's Project Manager for work performed during
each calendar month. Invoicing will be accompanied by a brief description of the work effort completed
during the billing period.
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5 ASSUMPTIONS/EXCLUSIONS
The following text describes the assumptions made in the creation of this scope of services and the
estimated engineering services fee for this project. Should the scope of the work of the project exceed these
assumptions, the CONSULTANT may request additional fees. Assumptions include:
• No permits are required
• The COUNTY will provide available record drawing of the existing facilities
• Resident Inspection will be performed by the COUNTY or another designated representative.
Verification of construction activities will be performed by the COUNTY or other designated
representative.
• Construction and field reports will be developed by the COUNTY or other designated
representative.
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/OAi
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director
THROUGH: John W. McCoy, AICP; Chief, Current Development
FROM: Ryan Sweeney; Senior Planner, Current Development
DATE: June 21, 2019
SUBJECT: Glendale Baptist Church, Inc.'s Request for Conceptual Site Plan and Special Exception
Use Approval for Glendale Baptist Church and School [SP -CP -19-03-06 / 2004040365-
83388]
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of July 9, 2019.
DESCRIPTION & CONDITIONS
MBV Engineering, Inc., on behalf of Glendale Baptist Church, Inc., is requesting conceptual site plan
and special exception use approval to construct a combined church and school (private, K-8) facility to
be known as Glendale Baptist Church and School. The 8.78 acre project site is currently vacant and is
located at the northeast corner of 27th Avenue and 4th Street (see attachment 2). The site is zoned RS -6,
Residential Single -Family (up to 6 units/acre), a zoning district which requires administrative permit
use approval for a church (place of worship) and special exception use approval for a school
(educational center, including primary and secondary schools). The subject special exception.
application is on file with the Planning Division.
Glendale Baptist Church currently owns and operates a combined church and school facility located at
the southeast corner of 27th Avenue and 8th Street. That site is 2.84 acres, has an approximate seating
capacity of 200 seats within the church sanctuary, and an overall student enrollment of 250 students.
The subject project is proposed to be constructed in 3 phases. The first phase includes a stand-alone
school facility with all required site improvements except the total required parking spaces, which will
be "phased -in" with Phase 2. The second phase includes the 400 -seat church sanctuary, additional
classroom space, and additional parking to serve Phase 2. The final phase includes additional accessory
church area (no additional seating) and additional accessory school space (non -classroom).
Based on the conceptual phasing plan, the existing school operations would be relocated to the new
project site upon completion of Phase 1, and then the church -related activities would be relocated to the
new project site upon completion of Phase 2. Building additions for accessory church and school space
are included in Phase 3. At full build -out, the conceptual site plan proposes a total of 16,050 square feet
(SF) of church space with a maximum of 400 seats within the church sanctuary and 61,447 SF of school
space with a maximum student enrollment of 400 students.
In this case, the applicant has applied for a conceptual site plan in order to obtain special zoninflise
approvals for the church (administrative permit use) and the school (special exception use). A
conceptual site plan provides general development plan information including overall intensity, but
does not include all the details of a "final" site plan design or authorize any construction. If the special
exception use approval is granted, then the applicant will submit a separate and complete final site plan
application. That final site plan application would proceed through the normal site plan review and
approval process, including another review by the Planning and Zoning Commission (PZC) if the
overall net new impervious area exceeds 150,000 SF (or could be approved at the staff level if the net
new impervious area is below 150,000 SF).
The Board of County Commissioners (BCC) now needs to consider the conceptual site plan and special
exception use request for the proposed school facility, conduct a public hearing, and approve, approve
with conditions; or deny the request. Pursuant to Section 971.05 of the County LDRs, the BCC is to
consider the appropriateness of the requested use for the subject site and compatibility of the use with
the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to
mitigate impacts and to ensure compatibility of the use with the surrounding area.
Planning and Zoning Commission (PZC) Action:
At its meeting of June 13, 2019, the PZC voted 5-0 to recommend that the BCC grant special exception
use approval for the school with the conditions recommended by staff (see attachment 1). The PZC also
granted administrative permit use approval for the church, subject to the BCC granting special
exception use approval for the school.
During the June 13 PZC public hearing, two nearby property owners spoke in opposition to the
proposed project, and indicated concerns about additional traffic, removal of wildlife habitat, and
proposed buffering (see attachment 1). In response to concerns expressed, staff explained how County
regulations and project design address those concerns. Staff also explained that the subject request is for
conceptual site plan approval, and that additional details would be provided during the "final" site plan
review and approval process. Staff also obtained contact information from the two nearby property
owners so that they can be contacted if and when the final site plan is submitted, and they will be able
to review the final site plan once it is submitted. It is staff's opinion that the proposed conceptual site
plan, and County regulations that will be applied later in the development review process, will provide
adequate safeguards for compatibility with the surrounding area.
ANALYSIS
1. Size of Site: 8.78 acres
2. Zoning Classification: RS -6, Residential Single -Family (up to 6 units/acre)
3. Land Use Designation: L-2, Low -Density Residential -2 (up to 6 units/acre)
4. Building Area: 77,497 square feet (total at build -out)
5. Impervious Area: 163,782 square feet or 3.76 acres (total at build -out)
6. Open Space: Required: 40%
Proposed: 57%
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Note: An unlighted multi-purpose playfield is included in the project's open space calculation
(see attachment 4).
7. Off -Street Parking: Required: 134
Proposed: 134
Note: The church activities and school activities will peak and occupy the site at different times
during the day/week. The church use (based on a weekend peak) requires 134 spaces while the
school use (weekday peak) requires only 113 parking spaces. Consistent with County policy
and practice for church/school facilities, the required parking figure is based on the higher of
the two uses at full build -out, which is the church use in this case. The required parking for
Phase 1 will be based on the stand-alone school use (lower parking rate), and then the remaining
parking will be "phased -in" based on the full 400 -seat church sanctuary (higher parking rate)
which exceeds the parking requirements for the school use at full build -out.
8. Phasing: The project is proposed to be constructed in three phases, as follows:
Phase
School Building Area
Church Building Area
Parking Spaces
1
44,347 SF
N/A
70
2
10,300 SF
7,250 SF
64
3
6,800 SF
8,800 SF
0
Total Build -out
61,447 SF
16,050 SF
134
Note: Most site improvements, including all driveways and stormwater management facilities,
will be constructed in Phase 1. Phase 3 includes additional building area for the church and
school, but no additional seating in the church sanctuary. Therefore, no additional parking is
required for Phase 3.
9. Utilities: The project will be served by public water\and sewer service provided by County
Utility Services. The County Department of Utility Services and the Department of Health have
approved these project utility provisions.
10. Access and Traffic Circulation: Access to the project site will be provided via a full -
movement driveway connection to 27th Avenue and a full -movement driveway connection to 4th
Street (see attachment 4). Both driveway connections will be served by left and right turn lanes
to be constructed by the project developer during the construction of Phase 1. The traffic
circulation plan includes a two-way loop road/drive aisle that loops around the entire
building/facility, parking areas along 27th Avenue and 4th Street, and a one-way, dual lane drop-
off area that provides adequate queuing for student drop-off and pick-up. Both driveway
connections, the two-way loop road/drive aisle, and the vehicle queuing areas will be
constructed with Phase 1.
The proposed driveway connections and traffic circulation plan have been reviewed and
approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering
reviewed and approved the traffic impact study (TIS) submitted by the applicant. Based on the
approved TIS, left and right turn lanes are required at both driveway connections, and the
conceptual site plan shows the required left and right turn lanes to be constructed with Phase 1.
No other offsite traffic improvements are required or proposed.
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11. Stormwater Management: The project's conceptual stormwater management design proposes
a master stormwater system with two separate stormwater management areas located along the
project site's 4th Street frontage, and an interconnected system of stormwater pipes and drainage
structures that will direct the project's stormwater runoff into the master system (see attachment
4). In addition to providing for stormwater runoff generated by the project, the project's
stormwater management system is also required to accommodate runoff generated by the
required left and right turn lanes to be constructed on 27th Avenue and 4th Street. All of the
project's master stormwater system is proposed to be constructed with Phase 1. Public Works
has reviewed and approved the project's conceptual stormwater management design. The final
stormwater management design will be reviewed and approved by the Public Works
Department via the County stormwater permitting process.
12. Environmental and Archeological Issues:
1. Wetlands: County Environmental Planning staff has determined that no jurisdictional
wetlands exist on the subject site. Therefore, no wetlands criteria apply to the proposed
development.
2. Uplands: Since the project site exceeds 5 acres, the County's native upland set-aside criteria
apply. Approximately 4.78 acres of intact native upland plant community exists on the
project site, and the project's minimum set-aside requirement is .72 acres (15% of the 4.78
acres). The applicant is proposing to preserve .72 acres of uplands on-site in order to satisfy
the upland set-aside requirement. That upland set-aside area will be located near the
northeast corner of the project site, and will provide additional perimeter buffering between
the site and adjacent single-family homes to the north and east of the set-aside area (see
attachment 4).
3. Tree Preservation: Presently, the project site is partially wooded with a mixture of
hardwood tree species (e.g. live oak), non -hardwood tree species (e.g. pine trees), cabbage
palms, and nuisance exotics (e.g. Brazilian pepper). Hardwood trees and cabbage palm trees
(greater than 10' of clear trunk) proposed to be removed must be mitigated per the County's
tree mitigation requirements which allow re -planting and/or payment into the County's tree
mitigation fund. A detailed final tree survey will be required with the project's final site
plan application. If any specimen hardwood trees or cabbage palms are located during the
final tree survey, and those trees are proposed to be removed, then those trees must be
mitigated per the County's tree mitigation requirements. All nuisance exotic trees will be
removed during development. County Environmental Planning staff has reviewed and
approved the project's conceptual tree protection and tree mitigation plan. The final tree
protection and tree mitigation plan will be reviewed by County Environmental Planning
staff during review of the final site plan.
13. Required Dedications and Improvements:
1. Turn Lane Improvements for 27th Avenue and 4th Street: As indicated in above -referenced
item 10, left and right turn lanes are required at the project's driveway connections to 27th
Avenue and 4th Street, and shall be constructed with the Phase 1 site improvements. The
final design of the offsite turn lanes will be reviewed and approved by the Public Works
Department via the County right-of-way (ROW) permitting process. Also, the project's
stormwater management system will be required to accommodate runoff generated ljylt ie
offsite left and right turn lanes.
2. 27th Avenue Sidewalk: A 5 foot wide sidewalk is required and proposed along the project's
27th Avenue frontage, and shall be constructed with the Phase 1 site improvements. The
final design of the 27th Avenue sidewalk will be reviewed via the final site plan review
process for the overall project.
3. Internal Sidewalk/Pedestrian System: An internal sidewalk/pedestrian system is required
throughout the project site, and sidewalk connections are required between the internal
sidewalk/pedestrian system and the external sidewalks. The internal sidewalk/pedestrian
system shall be shall be constructed with the Phase 1 site improvements. The final design of
the internal sidewalk/pedestrian system will be reviewed via the final site plan review
process for the overall project.
4. Streetlighting and Outdoor Lighting: Streetlights are required for the project's parking areas
and loop road system, shall be constructed with the Phase 1 site improvements. The
proposed streetlight locations and details will be reviewed via the final site plan review
process for the overall project. It should be noted that outdoor lighting is not required or
proposed for the school's multi-purpose playfield and an approval condition of no outdoor
lighting of the field is recommended by staff. With the recommended condition in place, if
the applicant desires adding outdoor lighting to the playfield area in the future, then a
separate approval for lighting would be required. Such request would require PZC review
and BCC approval through the special exception process.
14. Landscape Plan: A conceptual landscape and buffer plan has been reviewed and approved for
the subject site. With respect to buffering, the plan depicts buffer types, locations, and the
physical width and components of the buffers/landscape strips on all of the project's perimeters
which includes Thoroughfare Plan road buffers along the site's 27th Avenue (south) and 4th
Street (west) frontages, and a 25' wide Type "B" buffer with a 6 foot opaque feature along the
site's north and east perimeters. A final landscape plan will be required with the final site plan.
15. Other Corridors Special Development Regulations: The site is subject to the Other Corridors
special development regulations. These regulations have special standards for building design,
colors, materials, landscape, site lighting, and signage. The conceptual plan is consistent with
the Other Corridors regulations. Additional details will be provided with the final site plan.
16. Concurrency: As required under the County's concurrency regulations, the applicant has
applied for and obtained a conditional concurrency certificate for the project, which is sufficient
for conceptual site plan approval. The concurrency certificate was issued based upon a
concurrency analysis and a determination that adequate capacity was available to serve the
subject project at the time of the determination. In accordance with County concurrency
regulations, the applicant will be required to obtain a final concurrency certificate prior to
issuance of a building permit for the first phase of the project.
17. Surrounding Land Use and Zoning:
North: Single-family homes / RS -6
East: Single-family homes / RS -6
116
South: 4th Street, Single-family homes / RS -6
West: 27th Avenue, Single-family homes / RS -6
18. Specific Land Use Criteria (Special Exception Use): Pursuant to LDR section 971.14(4), the
specific criteria for the proposed school (educational center) are addressed as follows:
1. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic
along local residential streets in residential subdivisions. Elementary schools should be
discouraged from locating adjacent to major arterial roadways;
NOTE: The project site has frontage on 27th Avenue, which is classified as a minor arterial
road, and 4th Street, which is classified as an urban collector road. Both roads are
thoroughfares, and neither are classified as a major arterial road. Therefore, the project
site is appropriate for a K-8 school (combined primary and secondary school).
2. For the type of facility proposed, the minimum spatial requirements for the site shall be
similar to standards utilized by the Indian River County school board and the State of
Florida;
NOTE: The minimum spatial requirements for the site are similar to the standards
utilized by the Indian River County School Board and the State of Florida.
3. Except as provided below, no building designedfor occupancy by students shall be located
within one hundred (100) feet of any property line not adjacent to a street or roadway, and
no building designedfor occupancy by students shall be located within fifty (50) feet of any
property line abutting a local road right-of-way;
a. Where a building designed for occupancy by students is to be located adjacent to
a mixed use or TND site, or to a property zoned RM -6, RM -8, RM -10,
commercial, or industrial, and there is a non-residential use or reduced setback
project (small lot subdivision or planned development) on that adjacent property,
then the building setback along that adjacent property many be reduced to no less
than twenty-five (25) feet.
b. Where a building designed for occupancy by students is to be located adjacent to
property zoned RM -4, RM -3, single-family, or agricultural, and there is a non-
residential and non-agricultural use on that adjacent property, then the building
setback for the educational use may be reduced to no less than fifty (50) feet.
c. Where a setback of one hundred (100) feet is required, the setback may be
reduced to fifty (50) feet if a Type B buffer with a six (6) foot opaque feature is
provided within the setback.
d. Where the education facility is located adjacent to an existing cemetery, place of
worship, child care facility, adult care facility, community center, school, or other
non-residential use, buffer requirements for each use may be combined into a
single buffer located between the education facility and adjacent use. The single
buffer shall be greater than or equal to a Type "C" buffer.
NOTE: The south and west property lines are located adjacent to Thoroughfare Plan
roads, and the school facility exceeds the standard RS -6 setbacks along those property
lines. A Type "B" buffer with a 6 foot opaque feature is provided along the north and east
property lines. Therefore, the north and east setbacks for the school facility mri,pe
reduced to 50 feet, per above -referenced item 3c, and the school facility exceeds the 50 foot
setback along those property lines.
4. The applicant shall demonstrate that existing and proposed recreation, parking, and traffic
circulation facilities adequately accommodate projected student enrollment including
adequate pick-up and drop-off queue area to ensure that vehicle queues during peak pick-
up and drop-off times do not adversely impact adjacent streets.
NOTE: The conceptual site plan design provides adequate recreation, parking, and traffic
circulation facilities including an adequate pick-up and drop-off queue area for a total
student enrollment of 400 students. The recreation areas include two playground areas
located near the school building and away from adjacent residences, and an unlighted
multi-purpose playfield. The provided parking exceeds the minimum required parking for
the school by 21 parking spaces (at full -buildout), and the traffic circulation design
provides adequate queue length from both the 27th Avenue and 4th Street driveway
connections. Also, both driveways will be served by left and right turn lanes which will
further alleviate impacts to the adjacent streets.
5. No rooms within the school shall be regularly used for the housing of students when located
in a single-family residential district;
NOTE: No housing or boarding of students is proposed.
6. The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3 and
RS -6 districts;
a. The board of county commissioners may waive or reduce the buffer requirements
where the educational facility is located next to an existing cemetery, place of
worship, child care facility, adult care facility, community center, school, or other
non-residential use. Consideration shall be given to security, noise, and visual
impacts. Where a waiver or buffer reduction is granted, normal perimeter
landscaping requirements shall apply, and alternative requirements (such as
fencing) may be required.
NOTE: A Type "B" buffer with a 6 foot opaque feature is provided for the facility which
exceeds the Type "C" buffer requirement outlined in this subsection. Also, the project site
is not located next to an existing cemetery, place of worship, child care facility, adult care
facility, community center, school, or other non-residential use. Therefore, the buffer
waiver or reduction allowance does not apply.
7. The facilities shall have a Type "C" buffer in all other residential districts not listed in the
subsection above.
a. The board of county commissioners may waive or reduce the buffer requirements
where the educational facility is located next to an existing cemetery, place of
worship, child care facility, adult care facility, community center, school, or other
non-residential use. Consideration shall be given to security, noise, and visual
impacts. Where a waiver or buffer reduction is granted, normal perijif r
landscaping requirements shall apply, and alternative requirements (such as
fencing) may be required.
NOTE: The project site is located within the RS -6 district. Therefore, this subsection does
not apply.
All conditions recommended by staff have been accepted by the applicant.
RECOMMENDATION
Staff recommends that the BCC grant conceptual site plan and special exception use approval for the
school facility, with the following conditions:
1. The final site plan and associated County permits shall include the final design of the following:
a. Tree protection and tree mitigation plan;
b. Landscape plan;
c. Left and right turn lanes at both project driveway connections (27th Avenue and 4th
Street);
d. Stormwater management system that will accommodate runoff generated by the offsite
left and right turn lanes;
e. 27th Avenue sidewalk;
f. Internal sidewalk/pedestrian system; and
g. Streetlighting plan.
2. The maximum student enrollment shall not exceed 400 students.
3. The multi-purpose playfield shall not include outdoor lighting. Any future request to add
outdoor lighting to the playfield area will require special exception approval (PZC review and
BCC approval).
4. Prior to issuance of a Certificate of Occupancy (C.O.) for Phase 1, the required left and right
turn lanes at both project driveway connections (27th Avenue and 4th Street) shall be completed.
ATTACHMENTS
1. Excerpt from Draft June 13, 2019 PZC Minutes
2. Location Map
3. Aerial
4. Conceptual Site Plan
119
PLANNING AND ZONING COMMISSION
There was a meeting of the Indian River County (IRC) Planning and
Zoning Commission (PZC) on Thursday, June 13, 2019 at 7:00 p.m. in the
Commission Chambers of the County Administration Building, 1801 27th Street,
Vero Beach, Florida. You may hear an audio of the meeting; review the meeting
agenda, backup material and the minutes on the Indian River County website
www.ircgov.com/Boards/PZC/2019.
Present were members: Chairman Todd Brognano, Member -at -Large; Vice
Chairman Dr. Jonathan Day, District 4 Appointee; Mr. Patrick Grall, District 1
Appointee; Mr. Chip Landers, District 3 Appointee; and Mr. Jordan Stewart,
Member -at -Large.
Mr. Alan Polackwich Sr., District 2 Appointee; Ms. Angela Waldrop, District
5 Appointee; and Ms. Teri Barenborg, non-voting School Board Liaison; were
absent.
Also, present was IRC staff: Mr. Bill DeBraal, Deputy County Attorney; Mr.
Stan Boling, Community Development Director; Mr. John McCoy, Chief of
Current Development; Mr. Ryan Sweeney, Senior Planner of Current
Development; and Ms. Lisa Carlson, Recording Secretary.
Call to Order and Pledge of Allegiance
Chairman Todd Brognano called the meeting to order at 7:00 p.m. and all
stood for the Pledge of Allegiance.
Additions and Deletions to the Agenda
There were none
Approval of Minutes
ON MOTION BY Mr. Chip Landers, SECONDED BY
Dr. Jonathan Day, the members voted unanimously
(5-0) to approve the minutes of the May 9, 2019
meeting as presented.
Public Hearing
Chairman Todd Brognano read the following into the record:
(AGlen.
Nib) p ist)�ChurchT eques for co,ncep uaI site) pan,
administrative permif use anspecialiexcepfioniusemappr,,oyalifogr
120
(Glendale Baptist-Chian cool, as combin�ce church and'scho51)
0775 -6 l )facili y. oca e a e no easf corner of) (Avenue
an ' 4t'' ree . en ale-8aptis Church; Inc., wner. MBV Engineering)
(Inc., AgetTZoni�ing: FS -6; Resi en sal-Single-Familyup o units per)
(acre)'Land- re L) ig ion: L-2-Low-DensilTResidTritia1'2"(up
units per s(acre)j ESP -CP -7 9:0-3=0-6) 004D4D3 5' $]) (P75§13
(.7udiciaiI)
(Chairman Brognano askedthe Commissioners o revea any ex -parte)
(communica i'k'on wifh the applict or any conflic a wou a not allow em o
ma a an unbiased decision. The mem ers s a e "thatfhey had"no�had any ex-)
para e_communication. '
(Chairman Brognanoopened e uasi�uf. ficial -hearing and he secre dry
(admini ere he testimonial oath o'those presen w o wiahed-to spear -0)
onigl 's meeting on this ma er.
(Mr: Ryan Sweeney,Senior PTanner o urren evelopmen ie)
(information regardir e reques or conceptusite plan, administrative permit)
fuse, and
special exception use approya _ of lendale Ba it -Church and -Sc 1f ool )
(He gave a Pow.erPoin presen ation, copse' s of which are on file -in the Board of)
(Coun� y u ommissioners (BUG) sff'ce. He recommended-fhafthe commissioners:
gran _adm�unrserative permit use approvalforrthe church facility subjecti:o BCC)
ap.prova�ffihe schoo facsli y an recommen the BCC gran special
excep. ion approval" or e schoorfacils yt ;with condi ions s aced )the staffrepo .
(Mr: Ryan Sweeney, a ong wi -"Mr: a1 n BolTh Community Development
(Dirt,51) (aid) s( (3ohn (Mc oy, (Ci))(current) evelopmen , (answered)
(questions fronthe ommissioners regardinghe proposed prole -E) '
(Chairman odd Brognano openedlhe public hearing.
(Ms: Susan Hol an explasne the ITves a jacent-to the proposed)
(development (and) (expressed) (her (pprehensions) (regarding raid)and) s hie
(preservation of wildlite ifi p edtis approved
(Mr Lawrence Haryslack, nesg bi oho the proposedeeve oilmen f inqusre�lc.)
aou abu men pans as we T as -the remova of anima s iTThe projddtc moves)
(fob. He voice "his rus ra sono another c Th-gscho5Vbeing buil he here)
(are. vacantcilapsaated schools nearby andnotedTiis concerns regarding Fit)
(home value.
121'
Ellgineer Mrs Ryan McLean, epresen a ive orThep ick, proceeded)
o provide fu�fr hes clanficaiion on the proposedprojec .
(Chairman Brognano c 5§Ealhe public hesnng�
OWN -MOT DV BY -Drs Jona
(M pJor an t4 i j
unanimous y (
recom:men a ions on this
kh-57-CDT—Sy,EcDNUED ED -BY)
mem e )
(ap_prove) s af, )
—Cisuasi-Ui dicial ma er.
(Staff cog—sled acrir onion from members of the 'i.ence )
(,ilhed to 157eirieRified once a tinal sit Ian is submitted sot hey wo:ufTIbe
able o �provade iinpu
Commissioner's Matters
There were none.
Planning Matters
Mr. Stan Boling updated the Commissioners regarding recent cases that
they recommended that the BCC approve. He stated that there would likely be a
meeting on June 27th and that it would be his final meeting as he is retiring after
thirty-five years with the department. He expressed his appreciation for working
with the PZC over the years and added that there is also a meeting planned for
July ll. th
Attorney's Matters
There were none.
Adjournment
There being no further business, the meeting adjourned at 7:36 p.m.
122
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DATE
INDIAN RIVER COUNTY PLANNING
1801 27TH STREET
VERO BEACH, FL 32960
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared,
Vicky Felty, who on oath says that she is a legal clerk of the
Indian River Press Journal, a daily newspaper published at
Vero Beach in Indian River County,: Florida: that the
attached copy of advertisement was published in the Indian
River Press Journal in the following issues below, Affiant
further says that the said Indian River Press Journal is a
newspaper published in Vero Beach in said Indian River
County, Florida, and that said newspaper has heretofore
been continuously published in said Indian River County,
Florida, daily and distributed in Indian River County, Florida,
fora period of one year next preceding the first publication
of the attached copy of advertisement ;::and affiant further
says that she has neither paid or promised any person, firm
or corporation any discount., rebate, commission or refund
for the purpose of securing this advertisement for
publication in the said newspaper. The Indian River Press
Journal has been entered as Periodical Matter at the Post
Offices in Vero Beach, Indian River County, (Florida and: has
been for a period of one year next preceding the first
publication of the attached copy of advertisement.
June 23; 2019
Subscribed and am to before on July 2, 2019:
Q_x a... l VI uv-\:
Notary, State of WI, County of Brown
TAR MONDLOCI-I
Notary Public
State of Wisconsin
My commission expires: August 6,'2021
Publication Cost::Sna
Ad No: GCI0215278
Customer No: 334192
Po#.
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL32960
AFFIDAVIT OF PUBLICATION
10.4
io -
NOTICE OF PUBLIC BEARING - SPECIAL EXCEPTION USE
This is notice of a public hearing of the Board of County Commissioners to consider granting special exception use and
conceptual site plan approval for the construction of a 61,437 square foot educational center (private K-8 school) to he
located at the northeast comer of 27th Avenue and 4th Street (420 27th Avenue). Please see the attached location map.
A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the
Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County
Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, July 9, 2019 at 9:00 a.m.
Please direct planning -related questions to the Current Development Planning Section at 772-226-1239. All documents
pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within
building "A" of the County Administration Complex. Documents may be reviewed by members of the public during
normal business hours. All members of the public are invited to attend and participate in the public hearing.
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 testimony and evidence upon which the appeal is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE
COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS
TN ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s- Bob Solari, Chairman
rR-GC1o2 527E -o1
i25 _Z
7/09/2019 10.A.1.
Glendale Baptist Church & School
Conceptual Site Plan &
Special Exception Use
Board of County Commissioners
July 9, 2019
Special Exception Process
> Special Exception Use
— Appropriateness and compatibility of the requested use
— General criteria for special exception uses
— Specific land use criteria [971.14(4)]
— Two public hearings (1 PZC & 1 BCC)
➢The BCC is to:
— Approve request
— Approve request with conditions
— Deny request
2
7/09/2019 10.A.1.
Location Map
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7/09/2019 10.A.1.
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Conceptual Landscape Plan
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9
Dedications, Improvements, and
Other Conditions
• Turn lane improvements for 27th Avenue and 4th Street
• Stormwater treatment for offsite turn lanes
• 27th Avenue sidewalk
• Internal sidewalk/pedestrian system
• Streetlighting
• No outdoor lighting for the multi-purpose playfield
• Maximum student enrollment of 400 students
10
7/09/2019 10.A.1.
PZC Action
• At its meeting of June 13, 2019, the PZC voted 5-0 to
recommend that the BCC grant special exception use
approval with the conditions recommended by staff.
• During the June 13 PZC public hearing:
• Two nearby property owners spoke in opposition
• Concerns with traffic, removal of wildlife habitat, and
buffering
• Staff obtained contact information for future
coordination on "final" site plan application
11
Staff Recommendation
That the BCC grant conceptual site plan and special exception
approval for the school facility, with conditions stated in the staff
report, related to:
Final design of required plans/improvements via final site plan
Maximum student enrollment of 400 students
No outdoor lighting for multi-purpose playfield
Turn lane improvements for 27th Avenue and 4th Street with
Phase 1
12
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 28, 2019
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Modification to County Code Section 105 (Legislative)
BACKGROUND:
On June 18, 2019, the Board of County Commissioners voted to approve language amending Section 105
of the Indian River County Code of Ordinances (Code). Specifically, the Board approved amendments to
Sections 105.01 and 105.02 increasing limit of the County Administrator's Purchasing authority, as well
as the dollar limit above which purchasing action must be approved by the Board, from $50,000 to
$75,000, to increase the Administrator's authority level for CCNA studies from $25,000 to $35,000, and
to authorize the Administrator to utilize cooperative and piggyback purchasing methods.
The Board also approved language amending Section 105.04(b) to eliminate the requirement to publish
notice of all competitive bids and proposals in a local newspaper.
The Board also approved language on the same day amending section 105.04(c) to increase the
threshold at which bid security is required from $25,000 to $35,000.
The Board had also approved language adding Public Construction Bond to Section 105.04(h). Staff has
since determined this change to be unnecessary.
The Board will be conducting a public hearing on these changes on July 9, 2019.
The County Attorney's office has finalized the draft ordinance as directed by the Board and has noticed a
public hearing on the draft ordinance set for July 9, 2019.
FUNDING
The required public notice regarding the hearing appeared on June 28, 2019. The $147.06 cost of the
advertisement will be paid from the General Fund/Purchasing/Legal Advertising account 00121613-
034910.
RECOMMENDATION
Staff recommends that the Chairman open the public hearing, take comments from the public and then
close the public hearing, and that the Indian River County Board of County Commissioners vote to adopt
the draft ordinance.
ATTACHMENT:
Draft Ordinance 2019-
126
ORDINANCE NO. 2019 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 105.01
(AUTHORITY OF COUNTY ADMINISTRATOR); SECTION 105.02 (COUNTY
COMMISSION); AND SECTION 105.04 (BIDDING PROCEDURES) OF
CHAPTER 105 (PURCHASING) OF THE CODE OF INDIAN RIVER COUNTY,
FLORIDA IN ORDER TO INCREASE THE PURCHASING AUTHORITY OF
THE COUNTY ADMINISTRATOR, INCREASE THE BID BOND THRESHOLD,
AND MODIFY REQUIREMENTS FOR LEGAL ADVERTISEMENT; AND
PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Board 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 Sections 105.01 (Authority of County Administrator), 105.02
(County Commission) and 105.04 (Bidding Procedures) of Chapter 105 (Purchasing).
New language indicated by underline, and deleted language indicated by strikcthrough.
Section 105.01 (Authority of County Administrator), Section 105.02 (County
Commission) and Section 105.04 (Bidding Procedures) of Chapter 105 (Purchasing) of the
Code of Indian River County, Florida is hereby amended to read as follows:
CHAPTER 105. PURCHASING
Section 105.01. Authority of County Administrator.
Except as otherwise provided by Florida Statutes, the county administrator or his
designee is granted authority to purchase or contract for: (a) supplies, materials, equipment,
real property, and services, (other than services under section 287.055, F.S, except as
otherwise set forth herein) costing fifty seventy-five thousand dollars ($5875,000.00) or less;
and (b) planning or study activity services obtained pursuant to the "Consultants' Competitive
Negotiation Act", F.S. § 287.055, when the fee for such professional services is thirty twenty -
1
127
five thousand dollars ($325.000.00) or less for the county; and (c) utilize cooperative and
piggyback procurement methods after taking such action as the county administrator shall
deem necessary to obtain the best price for the county. Any such purchase or contract may
be executed by the county administrator in the name of the county without commission
action, although copies of any such contracts shall be available to the commission for
inspection. In an emergency, contracts for purchase of parts or repairs to then -existing county
equipment or machinery may be purchased or contracted by the county administrator in his
capacity as the county administrator, provided the county administrator certifies that a true
emergency exists, and routes a copy of the purchase order or contract to the commission for
its inspection with a memorandum describing the emergency situation.
***
Section 105.02. - County commission.
Any county purchase of supplies, material, equipment, or services in excess of the authority
provided in section 105,01 or the Purchasing Policies and Procedures Manual, and services
(other than as delegated in section 105.01) obtained pursuant to the "Consultants'
Competitive Negotiation Act", F.S. § 287.055, shall be approved by the county commission.
Purchase orders of fifty seventy-five thousand dollars ($5975,000.00) or less may be
executed by the county administrator. If a formal written, integrated contract, in excess of fifty
seventy-five thousand dollars ($5075,000.00), is required for such purchases, said contract
shall be signed by the chairman, the clerk, and the county administrator, and approved as to
form and legal sufficiency by the county attorney. Any purported contract not so executed
shall be void ab initio and shall have no force and effect whatsoever. The county commission
may enter into contracts under this paragraph based on the recommendations of the county
administrator, bidding procedures, or such other methods that the commission determines
are in the best interest of the county. In addition, the county commission may direct the
county administrator to take several bids and negotiate with these bidders to obtain an offer
that is more advantageous to the county.
***
Section 105.04. Bidding Procedures.
The following bidding procedures shall be followed if bidding is used and the procedures are
not otherwise modified:
(a) Public notice to solicit competitive bids or proposals/advertisement. Any public
notice to solicit competitive bids or proposals/advertisement shall be considered an invitation
to potential bidders to submit offers to the county in conformity with the county's invitation. All
bids received shall be considered irrevocable offers until such time as the county commission
accepts an offer or rejects the offer as provided for in the bid specifications.
2
128
(b) Publication of notice. Public notice of any solicitation of competitive bids, or
proposals/advertisement or statements of qualifications shall generally be by publication in at
least one newspaper of general circulation in the county when
required by Florida Statutes section 255.0525, and in additional instances at the discretion of
the county administrator.
prospective bidders. Publication of notice will be made on the county's web site, as well as
other appropriate online bid notification sites, and may be made directly to potentially
interested parties.
(c) Bid bonds and other bid security.
(1) Bids under t thirty-five thousand dollars ($2535,000.00). Normally, a
bid bond shall not be required; however, if the county administrator determines that a bid
bond is desirable in a particular instance the solicitation of competitive bids or
proposals/advertisement shall specify the requirement for a bid bond and subparagraphs (2)
and (3) of this paragraph shall apply.
(2) Bids t,yFthirty-five thousand dollars ($2535,000.00) or over. Bid bonds
equal to five (5) percent of the total bid amount shall be submitted with each bid unless the
public notice soliciting competitive bids or proposals/advertisement specifies that a bid bond
is not necessary. Unsuccessful bidders shall be entitled to return of the bond no later than the
final award of bid. The county shall retain the bid bond of a successful bidder upon failure by
the successful bidder to execute and deliver a contract and, where applicable, the required
payment and performance bonds within fifteen (15) days after receipt of a proposed contract
from the county, unless such time is extended by the county administrator.
(3) Bid security in lieu of bid bond. Any bidder may submit a certified check or a
cashier's check, drawn on any bank authorized to do business in the State of Florida in an
amount equal to five (5) percent of the total bid amount as bid security in lieu of a bid bond.
The county shall retain the bid security of a successful bidder upon failure by the successful
bidder to execute and deliver a contract and, where applicable, the required payment and
performance bonds within fifteen (15) days after receipt of a proposed contract from the
county, unless such time is extended by the county administrator.
(d) Bid opening procedures:
the envelope.
public notice.
(1) Sealed. Bids shall be submitted sealed and shall be identified as bids on
(2) Opening. Bids shall be opened in public at the time and place stated in the
3
129
(3) Tabulation. A tabulation of all bids received shall be available for public
inspection.
(e) Rejection of bids. The county commission shall have the authority to reject any or
all bids, parts of any or all bids, or any or all bids for any one or more supplies or contractual
services included in the proposed contract, when the public interest shall be served thereby.
Further, after rejection of all bids, the county commission may republish for new bids. County
administrator shall have this same authority with respect to bids for contracts under the
purchasing authority of the county administrator. (Section 105.01)
(f) Bidders in default to county. The county commission may reject the bid of a
contractor, vendor, or other service provider who is in default on the payment of taxes,
licenses, or other monies due the county. The county administrator shall have this same
authority with respect to bids for contracts under the purchasing authority of the county
administrator. (Section 105.01)
(g) Award of contract. The county commission after review of bids received may award
the contract to the bidder who, in the view of the county commission, has submitted the bid
that is in the overall best interest of the county. The county administrator shall have this same
authority with respect to submittals and bids for contracts under the purchasing authority of
the county administrator. (Section 105.01)
(h) Payment and performance bonds.
(1) Contracts under one hundred thousand dollars ($100,000.00). Normally,
payment and performance bonds shall not be required; however, if the county administrator
determines that payment and performance bonds are desirable in a particular instance, the
public notice soliciting competitive bids or proposals/advertisement shall specify the
requirements for payment and performance bonds and subparagraphs (2), (3), and (4) of this
paragraph shall apply. Except for a contract subject to paragraph (i), when there is no bond
requirement the county shall make only one payment for the entire amount when the terms of
the contract have been fulfilled.
(2) Contracts one hundred thousand dollars ($100,000.00) and over. Payment
and Performance bonds equal _ _ _ _ ! ! _ - _ _ • - _ _ _ -
performance bonds equal to one hundred (100) percent of the contract price shall be
provided by the successful bidder at the time of the execution of the contract. The public
notice soliciting competitive bids or proposals/advertisement shall specify the requirements
for payment and performance bonds.
(3) Payment and performance bond requirements. Each payment and
performance bond shall be provided by a surety company authorized to do business in the
4
130
State of Florida. The bond shall remain in effect for at least thirty (30) days after final
completion.
(4) Security in lieu of payment and performance bonds. In lieu of the bond
required by this subparagraph (h) a contractor may file with the county an alternative form of
security in the form of cash, a money order, a certified check, a cashier's check, or an
irrevocable letter of credit. Any such alternative form of security shall be for the same purpose
and be subject to the same conditions as those applicable to the payment and performance
bonds required by this subparagraph (h). The determination of the value of an alternative
form of security shall be made by the county administrator.
(i)Waiver of bonds. At the time of award of contract, the county may waive the
requirement for payment and performance bonds and the cost of said bonds shall be
deducted from the contract price.
(j)Waiver of bidding procedures. The county commission may waive or modify the
bidding procedure on specific contracts.
***
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 28th day of June, 2019,
for a public hearing to be held on the 9th day of July, 2019, at which time it was moved for
adoption by Commissioner , seconded by
Commissioner , and adopted by the following vote:
5
131
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Peter D. O'Bryan
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
The Chairman thereupon declared the ordinance duly passed and adopted this day of
July, 2019.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By:
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By:
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of
, 2019.
6
132
07/09/2019 10.A.2.
Chapter 105
Indian River County Code
Overview
• Chapter 105 defines general authorities and policies relating to
Purchasing
• Goals of draft ordinance:
• Improve efficiency
• Align with statutes
07/09/2019 10.A.2.
105.01— County Administrator's Authority
• Current: Limited to $50,000
• Since 2005
• Proposed: Increase to $75,000
• GOAL: Provide slightly higher threshold for as needed work and goods
105.01— County Administrator's Authority —
CCNA Study Activity
• Current: Limited to $25,000
• Since 2005
• Proposed: Increase to $35,000
• Maximum allowed under statute without competitive solicitation
• GOAL: Provide higher threshold for as needed work
• GOAL: Align with Florida Statute 287.055
07/09/2019 10.A.2.
105.01— County Administrator's Authority —
Piggyback Authorization
• Current: Not addressed
• Proposed: Authorize Administrator to utilize cooperative and
piggyback procurement
• GOAL: Match authority detailed in Purchasing Manual
105.02 — County Commission
• Current: Administrator's authorization for purchase orders limited to
$50,000 or Tess
• Proposed: Increase to $75,000
• GOAL: Align with increase in section 105.01
07/09/2019 10.A.2.
105.04(b) — Bidding Procedures — Publication
of Notice
• Current: All bids and proposals require publication of notice in
newspaper
• Proposed: Newspaper ad as required by statute as well as at
Administrator's discretion. Added notification on County's web site.
105.04(b) — Bidding Procedures — Publication
of Notice
• GOAL: Reduce time delay for release
• Advertisements must be submitted 5 days prior
• GOAL: Increase number of bids eligible for piggybacking
• If originating agency did not publish in newspaper, we currently cannot utilize
award
• GOAL: Limit cost associated with bidding
• Average ad costs $120
• Cost for bids requiring advertisement per statute FY 17/18: $3,462.46
• Cost for bids not required to be advertised per statute FY 17/18: $4,642.76
07/09/2019 10.A.2.
105.04(c) — Bidding Procedures — Bid Bonds
and Other Bid Security
• Current: $25,000
• Since 1990
• Proposed: Increase to $35,000
• Administrator has authorized increase to bid threshold (as established in
Purchasing Manual) to $35,000
• Matches current State of Florida's competitive solicitation threshold
• Matches FEMA Small Purchase threshold
• GOAL: Match proposed increase to bid threshold
• GOAL: Enable more participation in bids
105.04(h)— Payment and Performance Bonds
• Current: Separate payment and performance bonds are required
• Each for 100% of contract cost
• Statute only requires single bond cover payment and performance
• Proposed: Reference as single payment and performance bond
• GOAL: Align with Florida Statute 255.05
13Z " 5
07/09/2019 10.A.2.
Recommendation
• Open Public Hearing
• Vote to adopt draft ordinance
June 24, 2019
VIA e-mail: indianriverlegals@tcpalm.com
Attn: Legal Ads
Indian River Press Journal Newspaper
Ladies and Gentlemen:
jo.A:2...
Please publish the following legal notice in your newspaper on Friday, June 28,
2019. Please send the original proof of publication to the County Attorney's Office at
1801 27th Street, Vero Beach, Florida 32960 (to the attention of Nancy H. Mossali).
Please place the notation "Chapter 105" on the invoice to help facilitate our prompt
handling:
NOTICE OF INTENT - PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian
River County, Florida, will conduct a Public Hearing to consider adoption of a
proposed ordinance entitled:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 105.01 (AUTHORITY OF
COUNTY ADMINISTRATOR); SECTION 105.02 (COUNTY COMMISSION); AND
SECTION 105.04 (BIDDING PROCEDURES) OF CHAPTER 105 (PURCHASING)
OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO INCREASE
THE PURCHASING AUTHORITY OF THE COUNTY ADMINISTRATOR, INCREASE
THE BID BOND THRESHOLD, AND MODIFY REQUIREMENTS FOR LEGAL
ADVERTISEMENT; AND PROVIDING FOR CODIFICATION, SEVERABILITY,
REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
The Public Hearing will be held on Tuesday, July 9, 2019 at 9:05 a.m., or as
soon thereafter as the matter may be heard, in the County Commission
Chambers located on the first floor of Building A of the County Administrative
Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested
parties may be heard with respect to the proposed ordinance.
toi
The proposed ordinance may be inspected by the public during regular
business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of
the Clerk to the Board of County Commissioners located on the 2nd floor of
Building A of the County Administrative Complex, 1801 27th Street, Vero
Beach, Florida.
Anyone who may wish to appeal any decision which may be made at this
meeting will need to ensure that a verbatim record of the proceedings is made,
which includes testimony and evidence upon which the appeal is based.
Anyone who needs a special accommodation for this meeting must contact the
County's Americans With Disabilities Act (ADA) Coordinator at 772-226-1223 at
least 48 hours in advance of the meeting.
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
BOB SOLARI, CHAIRMAN
INDIAN RIVER CO ATTO RNEYS OFC
1801 27 TI -1 STREET
VERO BEACH, FL 32960
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared, said
legal clerk, who on oath says that he/she is a legal clerk of
the Indian River Press Journal, a daily newspaper
published at Vero Beachin Indian River Press Journal, a
daily newspaper published at Vero Beach in Indian River
County, Florida: that the attached copy of advertisement
was published in the Indian River Press Journal in the
following issues below. Affiant further says that the said
Indian River Press Journal is a newspaper published in
Vero Beach in said Indian River County, Florida, and that
said newspaper has heretofore been continuously
published in said Indian River County, Florida, daily and
distributed in Indian River County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid or promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper. The Indian River Press Journal has been
entered as Periodical Matter at the Post Offices in Vero
Beach, Indian River County, Florida and has been for a
period of one year next preceding the first publication of the
attached copy of advertisement.
Subscribed and sworrYto before on June 28, 2019:
ayt.c9 t.rz
Notary. State of WI. County of Brown
TA,RA MONDLOCH
Notary PubliC
Of Wisconsin
My commission expires August 6, 2021
Publication Cost: $147.06
Ad No: 0003647477
Customer No: 1310775
PO #: Chapter 105
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
NOTICE OF INTENT - PUBLIC
HEARING
NOTICE IS HEREBYGIVEN that
the Board of County Commis-
sioners of Indian River County.
Florida, will conduct a Public
Hearing to consider adoption
of a proposed ordinance enti-
tled:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVEF
COUNTY, FLORIDA, AMEND-
ING SECTION 105.01 (AU-
THORITY OF COUNTY ADMIN-
ISTRATOR); SECTION 105.02
(COUNTY COMMISSION); AND
SECTION 105.04 (BIDDING
PROCEDURES) OF CHAPTEF
105 (PURCHASING) OF THE
CODE OF INDIAN RIVEF
COUNTY, FLORIDA IN ORDEF
TO INCREASE THE PURCHAS
ING AUTHORITY OF THE
COUNTY ADMINISTRATOR, IN-
CREASE THE BID BOND
THRESHOLD, AND MODIFY
REQUIREMENTS FOR LEGAL
ADVERTISEMENT; AND PRO-
VIDING FOR CODIFICATION.
SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS
AND AN EFFECTIVE DATE.
The Public Hearing will be
held on Tuesday, July 9, 2019
at 9:05 a.m., or as soon there-
after as the matter may be
heard, in the County Commis-
sion Chambers located on the
first floor of Building A of the
County Administrative Com-
plex, 1801 27th Street, Vero
Beach, Florida 32960, at which
time interested parties may be
heard with respect to the pro-
posed ordinance.
The proposed ordinance may
be inspected by the public
during regular business hours
(8:30 a.m. to 5:00 p.m., Mon-
day through Friday) at the Of-
fice of the Clerk to the Board
of County Commissioners lo-
cated on the 2nd floor of
Building A of the County Ad-
ministrative Complex, 1801
27th Street, Vero Beach, Flori-
da.
Anyone who may' wish to ap-
peal any decision which may
be made at this meeting will
need to ensure that a verba-
tim record of the proceedings
is made, which includes testi-
mony and evidence upon
which the appeal is based. •
Anyone who needs a special
accommodation for this meet=
ing must contact the County's
Americans With Disabilities
Act (ADA) Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
BOB SOLARI, CHAIRMAN
Pub: June 28. 2019 TCN
3647477
1042,.
ckv
P-02,-16
106)
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Freddie Woolford, Gifford Youth Achievement Center (GYAC)
ADDRESS: 4875 43'd Avenue, Vero Beach, Fl 32967
PHONE: 772-794-1005
SUBJECT MATTER FOR DISCUSSION: Thank you for supporting GYAC
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED?
IS THIS AN APPEAL OFA DECISION
WHAT RESOLUTION ARE YOU N/A
REQUESTING OF THE COMMISSION?
YES
YES
X
X
NO
NO.
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED?
WHAT FUNDS OR ACTIVITIES ARE N/A
REQUIRED TO MEET THIS REQUEST?
YES
X
NO
Transmitted to Administrator Via:
Interactive Web Form
x E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR: Jason E. Brown
MEETING DATE: 07/09/2019
Document2
133
ifOti
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: July 1, 2019
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH:
Jason E. Brown, County Administrator
Kristin Daniels, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Designation of Excess Equipment as Surplus and Authorization for
Disposal of Vehicles
BACKGROUND:
The equipment on the attached list has been determined excess to the needs of Indian River
County and requires disposal in accordance with Florida Statutes and Finance Policies.
Items previously authorized by the Board for disposal by online auction will be sold and the
funds received returned to the appropriate accounts.
DISCUSSION:
On April 15, 2014, the Board approved agreements with two governmental online auction sites,
GovDeals and Public Surplus and authorized staff to sell surplus, with the exclusion of titled assets
such as vehicles online, rather than hold for live auction.
The last live auction was hosted by the Sheriffs Department on December 3, 2017. A total of 49
vehicles were available for sale, including 40 vehicles from BCC departments. Currently, only 32
vehicles have been submitted as excess since that last auction (with nearly half of those submitted
in the last three months).
Since the last live auction, the Sheriff's Department has begun selling surplus vehicles online,
leaving the BCC the only agency in the County not doing so. Because of the decreased participation
by other agencies and fewer vehicles to be sold, the attraction of a live local auction is significantly
decreased.
As with other assets and tangible goods, there are many benefits to being able to auction vehicles
as soon as they are declared excess, including selling before the value decreases from sitting idle
and exposure to elements and potential vandalism, a wider audience of potential bidders,
guaranteed payment, and reduction in staff time required from Fleet and Purchasing.
134
CONSENT AGENDA
A comparison of revenues received from the threemost recent live auctions (January 2016,
December 2016 and December 2017) and similar vehicles sold on GovDeals from January 1, 2016
through June 30, 2018 is illustrated below and suggests there will be no reduction in revenue. Each
County fleet vehicle sold was compared against vehicles two years older and two years newer sold
through GovDeals in Florida.
Make
Number
sold at live
auction
Average sale price
at live auction
Number of
comparables
sold by GovDeals
Average Sale
Price on
GovDeals
Chevy Blazer
1
$900
43
$1,752
Chevy Impala
1
$1,650
239
$1,059
Chevy Silverado
8
$2,669
77
$3,188 •
Chevy Bus
5
$310
0
N/A
Dodge Dakota
1
$1,650
9
$2,637
Dodge Ram
1
$1,200
19
$1,384
Ford Crown Victoria
1
$1,100
37
. $1,088
Ford Econoline Vans
4
$1,850
56
$4,109
Ford Explorer
2
$1,025
79
$2,072
Ford F150
6
$2,150
197
$3,939
Ford F250
8
$2,825
145
$3,567
Ford F350
19
$2,679
93
$4,437
Ford F550
1
$4,500
None
Ford F700
1
$900
2
$783
Ford F800
1
$1,800 •
9
$2,466
Ford Ranger
7
$2,271
70
$3,112
GMC Sierra
1
$1,700
6
$1,605
GMC Sierra 3500
1
$1,200
3
$1,604
GMC Sonoma
3
$1,933
17
$1,082
Pierce Pumper
2
$4,400
None
Sterling Dump Truck
1
$9,500
29
$12,316
Ambulance
9
$3,106
3
$4,634
ATV
1
$1,000
2
$2,563
Bobcat
1
$12,700
1
$10,525
The listed Govdeals total for the Chevy Silverado model includes the County's Asset 22579, a 2005
which was vandalized and authorized by the Board for sale online. This vehicle sold for $4,200 in
August of 2016 (with full disclosure of the vandalism).
A 2016 Honda Rancher ATV (Fleet 1105/Asset 28939) that was hit by a wave sold in June of 2018 for
$1,615 on GovDeals.
The first items listed on the attached excess equipment list are additional vehicles to be declared
surplus. Staff would like to sell those, as well as the other 12 vehicles previously declared surplus by
the Board (five F350 Work Trucks, an F150 pickup, a trailer mounted generator, a portable
135
CONSENT AGENDA
restroom, a concession truck, a van, a small SUV and a transit bus) via online auction, and report the
results to the Board for its consideration of permanent authorization to sell surplus vehicles online.
FUNDING:
Legal advertisement is required for the sale of "property, the value of which the governmental
unit estimates to be $5,000 or more" may be sold after publication of notice in a newspaper
having general circulation. Staff proposes to list each vehicle separately for auction with the same
closing date and time, to eliminate the need for multiple advertisement. The estimated cost of $25
will be made available in the Purchasing Legal Ad account (00121613-034910).
RECOMMENDATION:
Staff recommends the Board declare the items on the Excess Equipment List for 070919 Agenda
as surplus, and authorize their sale and/or disposal. Staff also recommends the Board author'ze
the sale of the titled assets on hand that have been declared surplus by online auction.
ATTACHMENT:
Excess Equipment List for 070919 Agenda
136
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
220
21911
17
2004 E250 Ford Cargo Van
1FTNE24W54HA77116
Y
208
25677
35
2010 Circle W Livestock Trailer
1C9TA2163A1140087
N
DOH
201320
119
Carolina Skiff and Trailer
EKHS0526D898
Y
217
23189
226
2006 Ford Explorer SUV
1FMEU72E76UB19205
Y
242
23175
306
2006 Ford F350 head gasket needs replaced - engine
not worth fixing
IFTWW32P46ED01645
N
120
21955
584
2004 Pierce Ladder Truck
4P1CT02H84A004005
N
243
21949
601
2004 Chevrolet 4 x 4 Blazer
1GNDT13X24K154234
Y
252
22992
675
2003 Chevy Vantura Van
1GNDX03E43D179488
Y
214
22059
678
Kendall Enclosed Trailer - 7 x 16
1K907X1654D201714
Y
214
22060
679
Kendall Enclosed Trailer - 7 x 16
1K907X1654D201715
Y
214
23505
697
Road Runner Enclosed Trailer
1Z9BV16226F147303
Y
214
23506
698
2006 Road Runner Enclosed Trailer
1Z9BV16246F147304
Y
120
26055
708
2011 International Cab & Chassis Model 4300
1HTMYSKM2BH330106
N
241
23527
803
2006 Chevy 2500 Cargo Van
1GCFG15X461232718
Y
246
23007
807
2006 Jeep Liberty
1J4GK48K76W209838
Y
SRA
23711, 23711B, & 23711C
817
Vehicle 202, 2007 Turtle Top 3500 Bus, Miles 531,168
and camera and monitor
1GBJG31UX71109075
Y
SRA
22844 & 22844A
876
Vehicle 191, E350.Turtle Top Van, Miles 227,026 and
monitor
1FDWE35L76HA12720
Y
SRA
22888 & 228886
881
Vehicle 196, E350 Turtle Top Van, Miles 211,880 and
monitor
1FDWE35L65HB24827
N
SRA
22890 & 22890B
883
Vehicle 198, E350 Turtle Top Van, Miles 199,580 and
monitor
1FDWE35L15HB24833
Y
SRA
22996 & 22996A
890
Vehicle 200, 31' Chevrolet 5500 Bus, Miles 379,778
and camera
1GBE5V1236F407020
Y
SRA
26556
895
Vehicle 229, 2013 INTL Champion Defender 19 Pass
Bus, Miles 221,935
5WEXWSKK2DH383662
N
110
26558
897
Vehicle 231, 2013 INTL Champion Defender 19 Pass
Bus, Miles 228,631
5WEXWSKK6DH383664
N
700
9997
Pitney Bowers Letter Opener
11669
1 i''f
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
268
11108
125Kw Kohler
241701
N
300
13225
Lateral File
N
700
14680
Pitney Bowers Letter Opener
27233
Y
234
20118
M100DS Optical Power Meter
27131 / 10000532
Y
241
20146
Gateway Laptop model SL -5300 (tag 10001529)
24751165
N
109
20931
HP 4600 Color Laserjet
JPBKC11813
N
219
20991
Dev - Air compressor
10924
N
218
20994
Pressure Washer E Series 3540
N
700
21157
Pitney Bowers Letter Opener
19384
Y
108
21158
Ericsson PK 18TX Portable Radio
549740
N
219
21197
Kyocera KM2030 Copier
YH37 087917
N
214
21535
Bush hog 720 mower - 72 inch rear discharge mower
12-11204
Y
500
21804
Dell Server - PowerEdge 1750
CVP4341
500
21805
Dell Server PowerEdge 1750
6VP4341
Y
500
21806
Dell Switch PowerConnect 5224
4175631
N
214
21983
Billy Goat / GVX Honda Outback Mower - walk behind
52803010
Y
235
22023
SDI Monitor
N
500
22179
Dell Laptop Inspiron 8600
FT5GR51
Y
269
22445
2" Mud Pump
GCAAT-1163545
N
120
22639
Dell GX520 System
628T191
Y
500
22875
Dell Server PowerEdge SC430
FZA7B81
Y
300
22883
FI -4120C2
147962
Y
500
22899
Dell Server PowerEdge 2850
2KRD881
Y
120
23025
Dell GX520 System
3DJ5C91
Y
219
23089
Micro 100 Turbidimeter
512046
N
241
23488
PowerEdge Server 2950
CS# 2441
Y
214
23738
11400-10 Laser Level
6280803
Y
471
23751
DVR Ascendent
A0304A001917
Y
700
23789
Pitney Bowers Letter Opener
26055
Y
500
23881
Alienware M9700i-R1 Laptop
AW -PC -547016A3
N
500
23967
Toshiba Studio 202L Copier
1 i N
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
241
23991
PowerEdge Server 2950
CS# 2469
Y
241
24001
48 Port Netgear Switch GSM 7248
1DU2723000045
Y
241
24001
24 Port Netgear Switch Prosafe GS7224
1CV26C3F002B3
N
241
24003
48 Port Netgear Switch Prosafe GSM7248
2AD31C54000DD
Y
241
24012
48 Port Netgear Switch GSM 7248
1DU4033M000F3
Y
241
24015
24 Port Netgear Switch GSM 7224
1CV26C2F000F1
Y
500
24020
Netgear Switch GSM7224
1CV26C3H000F3
N
500
24132
Dell Server PowerEdge 860
62RBWC1
500
24133
Dell Server - PowerEdge 860
72RBWC1
500
24135
Dell Server PowerEdge 1435
JL25WC1
241
24179
Watchguard Firebox XTM 5 Series X1250e CORE
908702492-361C
N
500
24239
HP Laserjet Printer 5200
17088E8664
Y
210
24301
Dell 745 Computer
28S1JD1
Y
243
24466
755 Dell optiplex Computer
N
500
24487
Office Furniture for Sebastian Office
Property Appraiser
Y
300
24670
Dell Inspiron Laptop
CN-OUW744-48643-78L1361
Y
500
24761
WatchGuard Firewall T2BE8
909550125-5596
241
24784
24 Port Netgear Switch GSM 7224
1CV2753400005
Y
244
24788
Dell optiplex 755 System
9JRQSF1/CS2661
Y
244
24789
Dell optiplex 755 System
JZ3ZSF1
N
103
24799
Dell Optiplex 755 computer
D9Z2CG1
N
244
24824
Dell optiplex 755 System
J3VCGH1/CS2697
Y
500
24879
Alienware M9700i-R1 Laptop
WA81N7S1C017
N
500
24880
Alienware M9700i-R1 Laptop
AW -PC -547016A2
N
500
25038
IBM Server (2), Array
KQTGXON, 13R3760, KQYMP8B
Y
500
25038
IBM Server X Series 330
78-LP678
500
25040
Alienware M9700i-R1 Laptop
AW -PC -559555A
N
500
25070
EMC ARRAY PAE2D
FCNCH80501713
Y
120
25168
Dell optiplex 760
GM1NHG1/CS2717
Y
103
25172
Fujitsu Fi-5530C22 11"x17" sheet fed scanner
4487
N
241
25183
PowerEdge Server 2950, Planning server
CS# 2732, Svc 2RPBVH1
Y
241
25184
PowerEdge Server 1950, Fleet Server
CS# 2733
1 Vti)
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
243
25187
HP Designjet T1200 Plotter/Scanner/Printer etc
HEWLECS#2376
N
214
25231
Z -track mower - 72 Inch Diesel
TC997SC030072
Y
700
25253
Kyocera KM-C3232E
PPV7680153/PAQ7127466
Y
500
25275
Alienware M9700i-R1 Laptop
AW -PC -604238A2
N
106
25423
Minolta Copier
N
500
25493
Alienware M9700i-R1 Laptop
AW -653495A
N
500
25578
APC KVM Monitor
1A0917000098
N
214
25584
Billy Goat / Bc2403h Outback Mower - walk behind
11708026
Y
214
25585
Billy Goat / Bc2403h Outback Mower - walk behind
111708044
Y
214
25712
Tr502 Laser Self Level
11490462
Y
214
25800
Brush Cutter "24" - Outback billy goat
4191003
Y
214
25801
Brush Cutter "24" - Outback billy goat
4191007
Y
106
25805
Quantum Superloader 3 -tape Backup
FA1015BHM00907
N
500
25914
HP Desktop HPE 380t
2MD0380DDG
Y
500
25915
HP Desktop HPE 380t
2MD0380DVS
Y
500
25915
2MD0380DVS
Y
500
25919
HP Desktop HPE 380t
2MD0380DDF
Y
SRA
25975
Dell Optiplex 380 Computer
G7HHM1
Y
269
26065
2" Mud Pump
GCAGT-1349054
N
269
26070
2" Mud Pump
5926301
N
269
26073
2" Mud Pump
5945557
N
269
26075
2" Mud Pump
GCAGT-1348971
N
120
26118
Dell Latitude Laptop
00186-105-053-489
N
241
26132
Watchguard XTMS 5 Series XTM 520
80B10319C-DE1B
N
106
26148
Dell Latitude e5510 Laptop
38F3QP1
N
106
26152
Panasonic CF -19 Toughbook Laptop
1FKSA60639
N
471
26233
Dell Optiplex 790
HSRDHS1
Y
471
26239
Dell Optiplex 790
F5S7LS1
Y
471
26240
Dell Optiplex 790F5SBLS1
14t
Dept #
Asset
Fleet
Description
VIN/Serial
Working
y/n
471
26243
Dell Optiplex 790
F5SDLS1
Y
106
26256
HP Procurve V1910 Network Switch
CN16BX3078
Y
106
26278
Dell Latitude E5410
8G4NCP1
N
500
26297
Dell Laptop Precision M6600
23DB5S1
Y
233
26336
Dell optiplex 790 Computer
Y
233
26340
Dell Optiplex 790 Computer
N
233
26344
Dell Optiplex Computer
N
214
26408
John Deere Z920A z -track mower 54 inch
1TC920AVACT030590
Y
214
26415
Billy Goat - Bc260HH - Hydrostatic mower
52812315
Y
214
26416
Billy Goat - Bc260HH - Hydrostatic mower
52112081
Y
471
26497
Dell Optiplex 790
3Z028V1
Y
208
26499
Motion CL900 Tablet
208026125676
Y
241
26512
Dell optiplex 790
C4D2RW1
Y
500
26524
Panasonic Laptop CF-52SLGDB1M
2FTSA49015
Y
500
26527
Fujitsu Scanner Fl -5120C
2FTSA48928
500
26528
Panasonic Laptop
2FTSA48937
500
26529
Fujitsu Scanner Fl -5120C
2FTSA48123
106
26603
Dell Latitude E5430
CJNS9W1
N
500
26615
Fujitsu Scanner Fl -5120C
2FTSA48470
SRA
26651
P5100 Macom Radio
9112256
Y
233
26974
Dell Optiplex 7010 Computer
N
700
27368
MBM Folder
130451026
N
700
27371
Neopost Envelope Addresser
60804130775
Y
241
27395
optiplex 7010
8LZMCZ1 CS#2966
N
269
27642
2" Mud Pump
1031416
N
269
27643
2" Mud Pump
1031406
N
269
27645
2" Mud Pump
1031401
N
269
27650
2" Mud Pump
1031514
N
268
27734
HikVision DVR
451348508
471
27735
DVR Hi Vision
DS-7608NI-SE/8P SN45138334
Y
241
27783
Watchguard XTM 5 Series
80BF03CD4-34D0
1 44i
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
700
27823
MBM Folder
140751070
N
SRA
27973
Calyptix Firewall
LR201212003436
Y
218
28211
DVR
120943820000112
N
269
28404
2" Mud Pump
GCBMT-1292711
N
214
160680
Level-Laserplane System
6876-E
Y
214
164970
Graveley Mower 2 wl 12 -hp Walk behind
2513000753
Y
244
178440
Communication E GE Prism Handheld Radio
0000U33
N
214
183220
Graveley Mower 12 -hp Walk behind
249
Y
236
185040
John Deere 5310 Tractor
LV53105230798
N
219 .
186410
DO Meter
57H1044AF
N
268
191550
Convault 2,000 gallon fuel tank Model RN 2,000 3SF
Tank
M735001
Y
300
193380
Matrix Printer
Y
219
196230
Convault 1,000 gallon fuel tank Model RN 2,000 3SF
Tank
N21870
Y
108
198870
Ericsson 800 mHz Portable Radio
918004
N
268
209800
Hurco Ripcord
GXV140-135
N
109
12838, 12795, 12819
Four study carrels and 2 index tables
Y
217
21469A
Dell Projector
Tag#JFR9531
Y
500
23725X
Dell Desktop Optiplex GX620
FOHPN81
N
265
23847A
Dell Optiplex Computer
DG6H961
N
500
24401X
Fujitsu Scanner FI -5120C
115528
N
500
24415X
Fujitsu Scanner Fl -5120C
125501
N
CHSE
retired
Large Microfilm Cabinet
Y
500
X22004
HP Laserjet Printer 2300
CNBGH50497
N
241
12 Port Netgear Switch GSM 7212
1CU1673W00003
Y
241
16 Port Netgear Switch GS116
2W422B5Y00D52
Y
241
16 Port Netgear Switch GS116
2362225T006F7
Y
241
16 Port Netgear Switch GS716T
2MD8395G00058
Y
241
24 Port Netgear Switch GSM 728TP
3AP36355R00997
Y
241
24 Port Netgear Switch JGS524
2232025F02DA2
14/.
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
241
24 Port Netgear Switch Prosafe GS728TP
3AP24B5C00C2F
Y
241
24 Port Netgear Switch Prosafe GS728TP
3AP3655M0067
Y
500
4 Polaroid cameras
Y
241
48 Port Netgear Switch GMS7248
1DU272370011F
Y
241
48 Port Netgear Switch GSM7248
1DU37C31000C7
Y
241
48 Port Netgear Switch GSM7248
1DU2723300129
Y
241
48 Port Netgear Switch GSM7248
1DU37C32000C8
Y
241
48 Port Netgear Switch Prosafe GS748T
36U1353D50301
Y
241
48 Port Netgear Switch Prosafe GS748T
36U1353E50302
Y
241
48 Port Netgear Switch Prosafe GS748T
3H3246798033F
Y
241
48 Port Netgear Switch Prosafe GS752TP
3A54B5700618
Y
241
48 Port Netgear Switch Prosafe GS752TP
3AS4865P009E8
Y
241
48 Port Netgear Switch Prosafe GS752TP
3AS4755200615
Y
241
48 Port Netgear Switch Prosafe GS752TS
2JE22A5P00023
Y
241
48 Port Netgear Switch Prosafe GS752TS
2JE22A5K00011
Y
208
Assorted laptop fans
Y
500
ATT cordless phone model E5917
Y
471
Bosch DVR - Opt Center
639170
Y
500
Box full of White surge protectors
Y
700
Bretford AV Cart
Y
500
Brother Intellifax 4100 Laser Fax
U60298A5J212464
Y
206
Canon 1435if Copier
(21)RZJ11847
Y
208
Canon BJC-80 Color Bubble Jet printer w/ink jet
cartridges, cords, in carrying case
Y
208
Computer Briefcases (2) Black
Y
217
Dell Inspiron 5160 Laptop
CN-0T5326012961-4CA
Y
500
Dell lnspiron Duo Notebook
BTHJ1Q1
Y
500
Dell Keyboard
Y
106
Dell Laptop Docking Station
CN-0UC795-42940-8CT-00V3
Y
500
Dell Monitor 1908FPT (3) no stand
Y
500
Dell Monitor 1908FPT (6)
Y
500
Dell Monitor 2007WFPB
MX-OHF730-46634-799-32AL
Y
471
Dell Optiplex 780
JY3QSM1
Y
201
Dell PDA
141
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
500
Dell Server CS24-SC
C1501155017
Y
210
Fiberglass planters
Y
500
Fujitsu Scanner Fl -5120C
MXL431V1P
Y
500
HP Desktop 500B MT
MXL21822CY
Y
500
HP Desktop 500B MT
MXL21822BV
Y
500
HP Desktop 505B MT
MXL11317MT
Y
500
HP Desktop 6200 Pro Microtower
MXL2270M2S
Y
500
HP Desktop Compact 6200 Pro MT
MXL2200M2M
Y
500
HP Desktop P6000
CNX00208N7
Y
500
HP Desktop Pro 3500 Series MT
MXL3100MBT
Y
500
HP Desktop Pro 3500 Series MT
MLX33806BM
Y
500
HP Desktop ProDesk 405 G1 MT
MXL4180K9L
Y
500
HP Desktop ProDesk 505b MT
MXL11317QH
Y
201
Laptop Docking Station
Y
203
LaserJet Printer CP1025, HP LaserJet 1320n, Netgear
Gigabit Switch
Y
500
Lenovo Desktop MT-M5041-A6U
MJCTRAC
Y
500
Lenovo Desktop MT-M5041-A6U
MJCTRAE
Y
471
Lenovo Think Center M902
5205X03 MG00347
Y
500
Miscellaneous cordless phones
Y
500
Miscellaneous phones
Y
SRA
NEC SV8300 (dual CPU migration kit)
000000B1402934/000000T2226074
Y
106
Netgear POE Switch FS726TP
1DA911540029F
Y
241
Netgear Prosafe VPN Firewall FVS318
1BU39A7D00E74
Y
500
Panasonic Cordless phone KT -T65671
Y
500
Phone outlet cords
Y
500
Printer
MXL3100M98
Y
500
Printer
MLX3100M8T
Y
500
Samsung DVD/CD Drive
69BK628466
Y
500
Samsung DVD/CD Drive
68BT309974
Y
500
Samsung DVD/CD Drive
68BT309975
Y
206
Sharp EL -1750P Calculator
Y
235
Three (3) High Service Pump Drives
Y
500
Toshiba DVD/CD Drive
R4567GAS704621
Y
106
Zebra TLP2844 Label Printer
41A081501500
141
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
106
Zebra TLP2844 Label Printer
41A042501937
Y
106
Zebra TLP2844 Label Printer
41J084801620
Y
106
Zebra TLP2844 Label Printer
41A081501527
Y
206
Brother HL5340D Laser Color Printer
U62246B0J53264
U
206
Compaq Monitor WF1907
CNN7090DLN
U
206
HP Deskjet 2544
CN49C4F7KF
U
206
HP Officejet 4500
CN048F61V3
U
204
10 tube monitors, 5 monitor stands, Deskjet T220c
printer, 12 battery backups, Ativa shredder
N
210
107 Light Fixtures from Fairgrounds and Victor Hart
Park
N
241
24 Port Netgear Switch Prosafe GS7224
1CV2753C000CD
N
219
3260 gpm 8x10-14 High Service Pump Rotating Assy
B262C924-3
N
219
40 HP 460 v Blower Motor
M12HO13X277G1
N
268
50kW Empire Generator
3445277 D2300T X275
N
500
APC KVM Monitor
91JJQ1
N
241
AudioArts Engineering Model 8400, Group 1-2
Distribution Amplifier
01-33095
N
219
Bosch DVR Camera System
N
500
Brocade Switch 200E
US-OTH331-13560-7CKD007
N
500
Brother Label Printer LQ-500
U61050-F7G214448
N
106
Brother MFC 8220 Fax
D9J453691
N
106
Brother MFC 8890DW
A0J313652
N
500
Brother Printer HL-22
U62674DN196656
N
106
Dell Laptop Port Replicator
CN-08RNJ7-75941-0BO-027F-A00
N
106
Dell Latitude E5430
3FYMLV1
N
106
Dell Latitude E5430 Laptop
1GYMLV1
N
106
Dell Optiplex 390
F0Q84V1
N
106
Dell Optiplex 390
FOT94V1
N
106
Dell Optiplex 390
FOP44V1
N
106
Dell Optiplex 390
FOP54V1
N
106
Dell Optiplex 390
FOQ94V1
N
106
Dell Optiplex 390
FOR44V1
14g4
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
106
Dell Optiplex 390
FONC4V1
N
106
Dell Optiplex 390
F0Q74V1
N
106
Dell Optiplex 7010 Computer
613QCX1
N
106
Dell Optiplex 7010 Computer
612PCX1
N
120
Dell optiplex 760
01144-478-479-551
N
106
Dell Optiplex 780
1WW7BP1
N
106
Dell Optiplex 780
HS57GQ1
N
106
Dell Optiplex 780
1WW6BP1
N
106
Dell Optiplex 780
HS59GQ1
N
106
Dell Optiplex 780
HS68GQ1
N
106
Dell Optiplex 780
HS7CGQ1
N
106
Dell Optiplex 780
D5KFJQ1
N
106
Dell Optiplex 780
D5LFJQ1
N
106
Dell Optiplex 780
D5QGJQ1
N
106
Dell Optiplex 780
HS56GQ1
N
106
Dell Optiplex 780
25ZMFQ1
N
106
Dell Optiplex 780
260LFQ1
N
106
Dell Optiplex 790
CHWZVV1
N
106
Dell Optiplex 790
CHYXVV1
N
106
Dell Optiplex 790
CHVYVV1
N
106
Dell Optiplex 790
CHYYVV1
N
106
Dell Optiplex 790
CHWYVV1
N
106
Dell Optiplex 790
CHWXVV1
N
233
Grey file card drawers
N
281
HP Deskjet 6988 Printer
N
500
HP Desktop Pro 6300 SFF
MXL3350PVZ
N
106
HP Laserjet Printer P2035
VNB3G33352
N
106
HP M1212nf MFC Laserjet Printer
CNG9C37127
N
106
HP M1212nf MFC Laserjet Printer
CNB9J631B4
N
106
HP M127FN Multifunction Printer
CNB8H4KNYJ
N
106
HP P2055dn Laserjet Printer
CNB9305942
N
106
HP Photosmart 5520 Inkjet Printer
CN27U1B2RFO5ST
N
500
HP Printer
CNTBC12055
N
233
Lateral File
14N
Dept #
Asset
Fleet
Description
VIN/Serial
Working
yin
234
LCD TV
RP420ICJA00029
N
500
Lenovo Desktop MT-M5041-A6U
MJATZTH
N
SRA
NEC DT300 (Phone)
2B2145T2207137
N
SRA
NEC DT300 (Phone)
2B2145T2207133
N
210
PVC fencing parts
N
241
RCA VHS Tape Player
232241565
N
219
U.S. Motor Model B68285 150 HP horizontal Motor
W07W014022R1
N
208
Various Computer/ Laptop Products, Non Assets,
Garmin GPS, Pentax Zoom 90 WR Cameras
N
106
Zebra GK420t Label Printer
29J09390072
N
106
Zebra GK420t Label Printer
29J10210210
N
147
/ate
Departmental Matters
Indian River County
Inter -Office Memorandum
Office of Management and Budget
TO: Members of the Board
of County Commissioners
DATE: July 2, 2019
SUBJECT: Water & Sewer Revenue Refunding Bonds, Series 2009
Approval of Resolution for Early Payoff
FROM: Kristin Daniels
Director, Management & Budget
Vincent Burke, P.E.
Director of Utility Services
Background
The Water & Sewer Revenue Refunding Bonds, Series 2009 were issued to refinance the Water &
Sewer Revenue Bonds, Series 1993A and 1993B which were then outstanding in the aggregate
principal amount of $32,695,000. The Series 2009 Bonds were issued in the principal amount of
$26,370,000, with the remaining Series 1993 Bonds not being refunded. The Series 2009 refinancing
of the Series 1993A and 1993B Bonds reduced the debt service payments for the Utility by about
$125,000 per year and provided a net present value savings of $1.4 million in 2009.
The Series 2009 bonds are callable on September 1, 2019. Once the September 1, 2019 debt service
payment is made, the remaining principal outstanding will be $11,315,000. On July 2, 2019 the Board
approved paying off the outstanding balance on or after September 1, 2019.
Analysis
Current annual debt service for the Series 2009 Bonds is approximately $2.9 million, with interest
expense of approximately $1.6 million over the remaining life of the bonds after the September 1, 2019
payment. The remaining Series 2009 Bonds carry an interest rate of 5.0%. Currently, the County's
investments are earning about 2.1% interest per year. The estimated net savings over the remaining
life of the bonds will be $935,105, with a net present value savings of approximately $893,000 or 7.9%.
The reduction in debt service will provide flexibility for the Utility to fund increased renewal and
replacement expenses to ensure that the current infrastructure remains well maintained. Depending
upon the cost and timing of upcoming projects, additional borrowing may become necessary in the
future.
148
Board of Commissioners
Page 2 of 2
July 2, 2019
Funding
Of the $11,315,000 to be paid towards the redemption of the Series 2009 Bonds, $8,163,005 will be
provided from Utilities' unrestricted cash balance, and $3,151,995 will be provided by a reduction to the
Debt Service Reserve Account. The County was required to maintain a Debt Service Account for the
Series 2009 Bonds and the Series 2015 Note. This reserve was sized based upon the maximum
annual debt service on the combined Utilities' debt. Since the maximum annual debt service will be
reduced to that of the Series 2015 Note only, the Debt Service Account will be resized and reduced by
$3,151,995. This reduction will be applied towards the redemption of the Series 2009 Bonds. The
additional anticipated cost of approximately $5,000 for Bond Counsel and Financial Advisor services is
budgeted and available from the Utilities/Other Debt Service accounts.
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached Resolution authorizing the
redemption and payment of the Water & Sewer Revenue Refunding Bonds, Series 2009; authorizing
the use of Utilities Cash balance in the amount of $11,320,000 to pay off this debt and related
expenses; and authorizing the proper officers of the County to do all acts necessary and proper for
carrying out the transactions contemplated by this resolution.
Attachments
Resolution
Notice of Redemption
Masterson Advisors Series 2009 Redemption. Calculations
149
Execution Copy
RESOLUTION NO. 2019-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE
REDEMPTION OF ITS INDIAN RIVER COUNTY, FLORIDA WATER
AND SEWER REVENUE REFUNDING BONDS, SERIES 2009;
AUTHORIZING A REDEMPTION NOTICE, NOTICE TO REDEEM
AND CERTAIN OTHER DOCUMENTATION; AND PROVIDING FOR
REPEAL OF INCONSISTENT PROVISIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted
pursuant to the provisions of Section 125.01, et seq., Florida Statutes, and other applicable
provisions of law.
SECTION 2. FINDINGS. It is hereby ascertained, determined and declared that:
A. Indian River County, Florida (the "County") has previously issued its Water and
Sewer Revenue Refunding Bonds, Series 2009 (the "Bonds").
B. The County desires to redeem said Bonds from legally available funds of the
County.
SECTION 3. AUTHORIZATION OF REDEMPTION. The Bonds, as described in
the form of Notice of Redemption attached hereto as Exhibit A, are hereby authorized to be
redeemed by the County. The County hereby authorizes the Chairman to execute any notice to
redeem, continuing disclosure filing and other documentation in connection therewith, including
any depository or escrow agreement necessary to effectuate the redemption.
SECTION 4. REPEAL OF INCONSISTENT PROVISIONS. All resolutions or
parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict.
SECTION 5. SEVERABILITY. In the event that any portion or section of this
Resolution is determined to be invalid, illegal or unconstitutional by a court of competent
jurisdiction, such decision shall in no manner affect the remaining portions or sections of this
Resolution, which shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its final passage and adoption.
1
150
RESOLUTION NO. 2019 -
The foregoing resolution was moved for adoption by Commissioner
and seconded by Commissioner , and, upon being put to a vote, the vote was
as follows:
Chairman Bob Solari
Vice -Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and adopted this 9th day of
July, 2019.
ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS
and Comptroller OF INDIAN RIVER COUNTY, FLORIDA
By: By:
Deputy Clerk Bob Solari, Chairman
Approved as to form and legal sufficiency:
By:
Dylan Reingold, County Attorney
S-1 151
EXHIBIT A
FORM OF NOTICE OF REDEMPTION
A-1
152
NOTICE OF REDEMPTION
Indian River County, Florida
Water and Sewer Revenue Refunding Bonds, Series 2009
NOTICE IS HEREBY GIVEN on behalf of Indian River County, Florida (the "County")
pursuant to that certain Resolution No. 93-80, adopted April 13, 1993, as amended and
supplemented (the "Resolution"), that the County's outstanding Water and Sewer Revenue
Refunding Bonds, Series 2009, identified below (the "Refunded Bonds"), which were originally
issued on August 13, 2009, shall be redeemed, prior to their respective maturities, on September
, 2019 (the "Redemption Date"), at a redemption price equal to 100% of the principal amount
of each Refunded Bond to be redeemed, together with interest accrued thereon to the Redemption
Date.
The Refunded Bonds or portions thereof to be redeemed are:
Maturity Interest
(September 1) Amount CUSIP No. Rate
2020 $ 454425EX3 5.00%
2021 454425EY1 5.00
2022 454425EZ8 5.00
2023 454425FA2 5.00
2024 454425FB0 5.00
Payment of the Redemption Price of such Refunded Bonds shall become due and payable
on the.Redemption Date at the office of The Bank of New York Mellon Trust Company, N.A., as
paying agent (the "Paying Agent"), upon surrender thereof at the office of the Paying Agent
designated below. Interest on such Refunded Bonds accruing prior to the Redemption Date will
be paid in the usual manner. Interest on such Refunded Bonds will cease to accrue from and after
the Redemption Date.
No representation is made as to the correctness or accuracy of each CUSIP number, either
as printed on the Refunded Bonds or as contained in this Notice of Redemption. All questions
should be directed to the Paying Agent, at the address designated below.
Delivery Instructions:
Bondholders presenting their Refunded Bonds in person for same day payment must
surrender their bonds by 1:00 p.m. on the redemption date and a check will be available for pick
up after 2:00 p.m. Checks not picked up by 4:30 P.M. will be mailed out to the Bondholders via
first class mail.
153
IMPORTANT NOTICE
Under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the "Act"), 28% will be
withheld if tax identification number is not properly certified.
Dated: July , 2019
THE BANK OF NEW YORK MELLON
TRUST COMPANY, N.A., as Paying Agent
By:
Michael C. Jenkins, Vice President
154
V MASTERSON
A ADVISORS t«
TABLE OF CONTENTS
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Report Page
Sources and Uses of Funds
Summary of Refunding Results
Savings
Summary of Bonds Refunded
2
5
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_F�,2019 REF)
\T/ MASTERSON
MI ADVISORS u.c
SOURCES AND USES OF FUNDS
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Dated Date 09/01/2019
Delivery Date 09/01/2019
Sources:
Other Sources of Funds:
Funds from Water and Sewer System
Reduction of Debt Service Reserve Fund ('DSRF')
8,168,005.15
3,151,994.85
11,320,000.00
Uses:
Payoff of Series 2009 Bonds:
Cash Deposit 11,315,000.00
Delivery Date Expenses:
Cost of Issuance 5,000.00
11,320,000.00
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_REF,20
F) Page 1
MASTERSON
► / ADVISORS uc
SUMMARY OF REFUNDING RESULTS
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Dated Date 09/01/2019
Delivery Date 09/01/2019
Arbitrage yield
Escrow yield 0.000000%
Value of Negative Arbitrage
Bond Par Amount
Par amount of refunded bonds
Average coupon of refunded bonds
Average life of refunded bonds
PV of prior debt to 09/01/2019 @ 2.100000%
Net PV Savings
Percentage savings of refunded bonds
11,315,000.00
5.000000%
2.850
12,212,554.25
892,554.25
7.888239%
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_REF,201F) Page 2
v, MASTERSON
► / ADVISORS LIC
Date
SAVINGS
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Present Value
Prior Refunding to 09/01/2019
Debt Service Net Cash Flow Savings @ 2.1000000%
09/01/2020 2,880,750.00 2,880,750.00 2,824,102.67
09/01/2021 2,880,000.00 2,880,000.00 2,764,415.55
09/01/2022 2,878,500.00 2,878,500.00 2,705,256.52
09/01/2023 2,881,000.00 2,881,000.00 2,651,012.40
09/01/2024 1,407,000.00 1,407,000.00 1,267,767.11
12,927,250.00
0.00 12,927,250.00 12, 212,554.25.
PV of savings from cash flow
Less: Prior funds on hand
Savings Summary
12,212,554.25
-11,320,000.00
Net PV Savings 892,554.25
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_REF,20
F) Page 3
MASTERSON
kb,./ ADVISORS LIC
Date
SAVINGS
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Prior . Refunding
Debt Service Net Cash Flow
Savings
Present Value
Annual to 09/01/2019
Savings @ 2.1000000%
03/01/2020 282,875.00 282,875.00 279,935.68
09/01/2020 2,597,875.00 2,597,875.00 2,880,750.00 2,544,167.00
03/01/2021 225,000.00 225,000.00 218,058.77
09/01/2021 2,655,000.00 2,655,000.00 2,880,000.00 2,546,356.78
03/01/2022 164,250.00 164,250.00 155,891.99
09/01/2022 2,714,250.00 2,714,250.00 2,878,500.00 2,549,364.53
03/01/2023 100,500.00 100,500.00 93,413.97
09/01/2023 2,780,500.00 2,780,500.00 2,881,000.00 2,557,598.43
03/01/2024 33,500.00 33,500.00 30,494.25
09/01/2024 1,373,500.00 1,373,500.00 1,407,000.00 1,237,272.86
12,927,250.00 0.00 12,927,250.00 12,927,250.00 12,212,554.25
PV of savings from cash flow
Less: Prior funds on hand
Savings Summary
12,212,554.25
-11,320,000.00
Net PV Savings 892,554.25
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_REF,20F) Page 4
MASTERSON
L ADVISORS LI(
Bond
SUMMARY OF BONDS REFUNDED
Indian River County, Florida
Optional Redemption of Series 2009 Bonds
Maturity Interest Par Call Call
Date Rate Amount Date Price
Water and Sewer Revenue Refunding Bonds, Series 2009, 2009:
BOND 09/01/2020 5.000% 2,315,000.00 09/01/2019 100.000
09/01/2021 5.000% 2,430,000.00 09/01/2019 100.000
09/01/2022 5.000% 2,550,000.00 09/01/2019 100.000
09/01/2023 5.000% 2,680,000.00 09/01/2019 100.000
09/01/2024 5.000% 1,340,000.00 09/01/2019 100.000
11,315,000.00
Jul 2, 2019 1:48 pm Prepared by Masterson Advisors LLC (kgb) (Finance 8.001 Indian River County, Florida:WWSS-2019_REF,201"4EF) Page 5
158
SWDD Item
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: July 1, 2019
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
Subject: Single Stream Recycling Contamination
Descriptions and Conditions:
As a follow-up to various departmental updates on Single Stream Recycling Contamination in Indian
River County, staff will provide a formal presentation on the actions that have been taken over the past
month to investigate, educate and enforce residential properties that are in violation of County Code
Section 204.09 (a)(6) which states that customers shall "[n]ot commingle garbage or yard trash with
recyclables in a recycling container."
Recommendation:
For informational purposes only at this time.
@BCL@BOOD183C.doc
Page of
7/09/2019 15.6.1.
Single Stream Recycling
Contamination Update
Solid Waste Disposal District
Himanshu Mehta / Sue Flak
July 9, 2019
The Issue
On April 9, 2019, SWDD staff
started auditing recycling carts
related to the use of recycling
carts for garbage service.
On April 15, 2019, Tropical
Recycling Informed SWDD of
Heavy Contaminated Loads!
7/09/2019 15. B.1.
SSR Contamination Action Plan
May 29, 2019: SWDD staff met with Tropical Recycling, Waste Management and Republic Services to
recognized the important issue with single stream recycling contamination and agreed that a joint
effort was needed to identify, educate and enforce violations of County Code Section 204.09 (a)(6)
which states to "Not commingle garbage or yard trash with recyclables in a recycling container."
• Initial Steps: Messaging to residents via Robo-
Calls.
• Waste Management drivers started tagging carts
that had obvious visible violations and not
servicing them.
• Republic Services started identifying trucks at the
MRF.
• Field audits of specific areas around the county.
• IRC Code Enforcement to send out letters.
"This message is sent on behalf of
Indian River County. If garbage is
found in your blue recycling cart, it
will not be picked up! Repeat, if
garbage is found in your blue
recycling cart, it will not be picked
up! For questions, call Indian River
County Landfill at 772-770-5112."
Identification through
Field Audits
Cart has been
tagged 3 separate
times!
7/09/2019 15. B.1.
Education
Please, the
BLUE CART is
ONLY for
RECYCABLE
materials.
Why rk.•sttd ye" earn?
oz.. moss .MKT Tt MMU.'Y' 1..Y.i.1...f
WbM's wring
ith this photo
'n•ew u,.,rn..,,�,.ai
➢aYn:1L%YMR
.:x.4csmvt.w
rant cx-vwrs
• Over 71,000 post cards were sent
throughout Indian River County!
• Radio Commercial
• Newspaper article / Vero Flash / Website
TC Palm: "...Using blue carts for
garbage is trashing county
recycling plan"
Standardized Cart Labels
_yg1,L NI tM us -lir,
\:T«=4•1714
NI- 3
IRC Code
Enforcement
• Code Violation Warning Notice sent on
June 20th to 195 violation sites
identified the week of June 10th
• So far, Formal Code Violation letters for
repeat offenders issued to 6 properties,
more pending.
",
bah. Ppt‘010..,Ir 1 WOONT..e.:: i.p.,...
'°"` °VCODE
VIOLATION I
OiTxI\Ufa "1'11 Cost ,\'p IPfM:O�f t
r..yay runt.).
arotecr rxornanrhrscplerlos:
id cittriU)S ort:osntt;ns:
1.0^,—,'ma9r..imp(.:enetMeaK%•C2<r.¢ay.irtly IMw,oaha Ch:h•s a'la (;Iiha,:.VAi:
ram drr idkaairp <thin., ova ohms.:
•aIS!r1$VTiAI...iOI.IU WAS IL PISA/SIM, VIOLATION h•coitaidif.l.na ei evtste at yard .1th
,e>oteeet.,n en<,shhfay....,i
S' •Uttarlak SM..NC Shot haat tool dtNrsolae14 Paff»l'a in siadaso alto 4Allarics sr:Po-f joft:_
Code el luwwd11.6,+^rr. ttW 4,1 Aire itix:}
1:4a.m=ttftliaa,
• elle zasr acs m
t , r ....so
3(if W'i %
RINI DWIiu..01.1h WAstt, UISPIT3M. Viee.a I1O •fa*ea in<x-;to.::ca.a.n cf9.. f,s.c:egc>;u„
u:rcvra ishaistaiiipdtman.Tt=m.t:.e>-:ac„a ". P...:>rrate xy',
Vlol.nr1O:\e:OUN1:1;111)\':
Toes,,, i, xiiptitxexil+:niet],w,.t of Limo crag Qeise•¢a, Soo ha 'is..., a,h} ...sat ec 6'N
• k44401.) v. reeky" Mrnii mia.
FAILURE TO CORR ccr •1'tl6 Ptt)LATIUN:
IF THE lt)E\'11FII:D Cane VIOLATION 1S NOT C°RRFC IEU by the .+aff-ads'iced date I,rml linen, Ota Mainly
COile (:n%fcemcrt Stfi:on may t:hedule ihi> net Irefnle the Indian River Comply Cede Enfervement Huard for
cons3derto ion. THIS IDENTIFIED VIOLATION MAY HE PRESENTED TO THE BOARD, EVE IF CORRECTED.
IF IT APPIiARS 113 STAFF THAT 11113 TYPE 05 Vi0LA TION 15 ONE THAT MAY H5 05 A RECURRING
NATURE.
Ti,c Code &forcemeat Dna73• established by Indian River Ctlunly Ordinance 90 .0, ns rinicplkd•:.ac created to enforce
the various code's of lmfinc River Cesr.3r. 1, Shia elipnity ii finding after tin!siaterOW, tearing (hal a violation ben in
fact eccurrsd, Or fiord his the calhorhy in levy I fine of up to a maximum M 515000 for each dap the ciotaiib3
(01111r[0:110 7,i i St btyamd U HoardcsYRhlished date ofCOM Pal= (\a id date dNnmiccd at the evident inn'het nng). If the
1'3ela:iC0 l3 of recurring amine, bo Board lWS Ship/008335tO ltl'1'a( onl: lf!GlflnaimUla 85 5500.00 poo dam'.
NI- 3