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06/18/2019 (2)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 18, 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 2A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Reverend Hugh King, First Church of the Nazarene 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation on Age Friendly Communities by Karen Deigl, Board Chair and Beth Mitchell, Board Vice, Chair of Senior Collaborative; and Richard Prudom, Secretary of the Florida Department of Elder Affairs Attachments: Presentation 5.B. Presentation of Proclamation Honoring Stan Boling on His Retirement From Indian River County Board of County Commissioners Department of Community Development with Thirty -Five Years of Service Attachments: Proclamation 6. APPROVAL OF MINUTES June 18, 2019 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Children's Services Advisory Committee Vacancy Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 31, 2019 to June 6, 2019 Attachments: Finance Department Staff Report 8.B. TD Bank Credit Card Merchant Services Attachments: Staff Report TD Bank Merchant Agreement TD Bank Merchant Agreement Amendment Indian River County - MPA3 B.C. D. R. Horton Inc.'s Request for Final Plat Approval for Pointe West East Village Phase 2B [PD -17-02-01 / 99070081-82848] Attachments: Staff Report Location Map Plat Layout 8.D. DKC Vero Beach Square, LLC's Request for Final PD Plan/Plat Approval for Vero Beach Square PD [PD -17-04-02 / 2007110117-82073] Attachments: Staff Report Location Map Final Plat Layout 8.E. Primax Properties, LLC's Request for Release of Easements at 10735 County Road 512 (Vero Lake Estates Subdivision Unit H-4, Block C) Attachments: Staff Report Map of Easements Proposed Resolution Releasing Easments 8.F. DiVosta Homes, LP's Request for Final Plat Approval for Magnolia Court at Waterway Village PODs H, I, & J [PD -17-11-08 / 2004010124-83767] Attachments: Staff Report Location Map Final Plat Layout June 18, 2019 Page 2 of 7 8.G. Amendment No. 1 to Work Order No. 2, MBV Engineering, Inc., 43rd Avenue Sidewalk Airport Drive to 41st Street (IRC -1503) Attachments: Staff Report Amendment No. 1 to Work Order No. 2 8.11. Land Purchase - Future Expansion 45th Street Owner: Balquees, LLC 4710 45th St, Vero Beach, FL 32967 Attachments: Staff Report Purchase Agreement S.I. FDOT Amendment Number Two to County Incentive Grant Program (CIGP) -Locally Funded Agreement (LFA) FM No. 431759-1 for Right -of -Way (IRC -0853) and Resolution Authorizing the Chairman's Signature, SR 60 and 43rd Avenue from 18th Street to 26th Street Attachments: Staff Report Amendment Number Two to CIGP-LFA FM No. 431759-1 Authorizing Resolution 8.J. Work Order No. 10, MBV Engineering, Inc., Jackie Robinson Training Complex (FKA Historic Dodgertown) Walking Trail, IRC -1908 Attachments: Staff Report MBV Engineering, Inc. Work Order No. 10 8.K. Third Party Claims Administration Services Attachments: Staff Report Agreement for TPA Services Siver recommendation 8.L. Miscellaneous Budget Amendment 12 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Biosolids Moratorium Extension Ordinance - Legislative Attachments: Staff Report Draft Biosolids Moratorium Ordinance June 18, 2019 Page 3 of 7 10.A.2. Public Hearing: Tethering Ordinance Amendment (LEGISLATIVE) Attachments: Staff Report Proposed Ordinance Amendment 10.A.3. Public Hearing: Ordinance Prohibiting the Retail Sale of Dogs and Cats (LEGISLATIVE) Attachments: Staff Report Proposed Ordinance Amendment B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Leslie Spurlock, Quit Doc Foundation, Regarding Reducing Youth Access to Electronic Nicotine Delivery Systems (ENDS) and Tobacco Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for July 2, 2019: Consideration of Request by Garrett Guidroz to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising a 400 Square Foot Footprint Restriction on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements (Legislative) Attachments: Public Notice Item 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Aviation Boulevard Extension Concept (US 1 - 41st Street) Project Update Attachments: Staff Report Map of Aviation Blvd Extension Segments Aviation Blvd Preferred Alignment June 18, 2019 Page 4 of 7 12.A.2. Consideration of Modifications to Regulations for Off-site Accessory Landscaping Services Uses in Agricultural Zoning Districts Attachments: Staff Report Minutes from March 5, 2019 BCC Meeting Voluntary Ag Exemption Acknowledgement Form Comparison of County Nursery/Landscaping Sery in Ag Agricultural Zoning Districts Comparison Existing Landscape/Nursery Businesses in Ag Proposed Draft Ordinance B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation --> D. Human Resources 12.D.1. Medical and Pharmacy Benefit - Recommendations for Plan Year 2019/20 - Continued from June 4, 2019 Meeting Attachments: Staff Report E. Office of Management and Budget 12.E.1. Permission to Advertise for Modification to County Code Section 105 Attachments: Staff Report Proposed Ordinance new Proposed Changes to Purchasing Manual F. Public Works 12.F.1. Virgin Trains - All Aboard Florida Construction Plan and Permitting Update Attachments: Staff Report Letter to FDOT Regarding Crossing Site Visits 12.F.2. Update on Sea Turtle Nesting Attachments: Staff Report Sea Turtle Nesting Season Update G. Utilities Services June 18, 2019 Page 5 of 7 12.G.1. Request Renewal of Bid 2018065 - Annual Bid for Sanitary Sewer Service Attachments: Staff Report First Extension to Sanitary Sewer Services Agreements 12.G.2. West Wabasso Phase II Sewer Project - Additional Sewer Service to the West Wabasso Community Center Attachments: Staff Report 12.G.3. Update Regarding Amnesty, and Refund and Relinquishment of Reserve ERUs Attachments: Staff Report Summary of Reserve Account Activity 12.G.4. Due Diligence and Project Review - West Regional Wastewater Treatment Facility Reclaimed Water Storage, Tetra Tech Amendment No 1 to Work Order No 2 Attachments: Staff Report Tetra Tech Summary Letter Report Assignment of the Cattle Lease Agreement 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman 14.B.1. Designation as an Age -Friendly Community Attachments: Commissioner's Memorandum C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 14.E.1. Reducing young adult access to tobacco products and other nicotine -delivery devices Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of April 16, 2019 Attachments: SWDD Minutes 04162019 June 18, 2019 Page 6 of 7 15.B.2. Change Order No. 4 to Thalle (Bid #2018025) Attachments: Staff Report CDM Smith Letter of Recommendation and Change Order Form Change in Contract Summary Log C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at I:OO p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. June 18, 2019 Page7of7 SENIOR. COLLABORATIVE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS MEETING June 18, 2019 ,fet z N 11.74 o (i) a) (13 r-dt3)0 2 al • CD 4-4 u) 0 Al a) ‘41 (4's 0 Nicri al 14 rzi tfl vi •p41 •rq r•ii rid F f� U z Purpose SENIOR COLLABORATIVE COUNTY INDIAN RIVER • To improve the quality of life of the aging • Assist their care givers and families in making informed decisions of services available • Alliance of senior service providers, funders and advocates • Coordinate a community partnership able to reach a broader audience of policymakers, service professionals, caregivers and older adults v Theresa Baxter - Gifford Youth Achievement Cente • Patricia Brier - John's Island Foundation • Eileen O'Donnell - Coastal Concierge • Peggy Cunningham - Alzheimer & Parkinson • Services Home Care Association Kathy Orton - VNA of the Treasure Coast • U 0 4-4 4-4 O 0 N 0.i cTj N 0 W .- • Trudie Rainone - Advocate • Darlene Forage - Area Agency on Aging Vicki Soule - Treasure Coast Community • Randee Gabriel - 211 Palm Beach Treasure Coast Miranda Hawker - Florida Department of Health • Reverend Michael Ward - St. Marks Anglican Church w Q z O9 C e : Q J LI OC Uz L( O'; z - w THANK YOU TO OUR FUNDERS: United Way of Indian River County o O o Senior Resource Association Real Possibilities in Florida DEMOGRAPHICS 65+ POPULATION • Median age of Indian River County is 52.2 (6th in FL - 77th in U.S.) • 65+ population is 31.81% (19.4% FL #1 in U.S.) • 14.3% probable Alzheimer cases (13.3% FL) • 23.3% veterans (12.2% FL) • 16.1% below 150% of poverty level • 29.3% below 200% of poverty level (29.4% FL) • 67.9% homeowners (64.1% FL) • 24.8% living alone (24.6% FL) SENIOR COLLABORATIVE INDIAN RIVER COUNTY POPULATION PYR.AMID 85+ 80-84 75-79 70-74 65-69 N 60-64 • 55-59 s • 50-54 O 45-49 ✓ 40-44 • 35-39 Ca Q 30-34 25-29 20-24 15-19 10-14 5-9 0-4 Indian Rivery County Population Pyramid, 2017 Females ❑ Males I �r 6% 4% 2% 0% 2% 4% 6% Percent Population Source: 2017 ACS Data • SENIOR COLLABORATIVE INDIAN RIVER COUNTY O se4 z z C:11 a)0 (7) ,s1a) •Senior Connection Center •Age Friendly Livable Communities W F � Q z D 00 U <0 J J 00 U z cc a O� Z — - w Secretary, Florida Department of Elder Affairs (CS OCD z '• ri N O A II cal a) N w O r O U C12 5 z ctS )�. a) a) `(5 a) a)A • 41 rtif, g ctS CD C tti as N N O Cn �� • • co 4 U rd cc, Az •r., A •� co N ,e••4 Nlitj.5 • ,� —I 15 O a) (CS cn cd O a C A a) (- o 4 N • 0� N ci O PLI a) as 5 0 En 15 r a) as z Ai P a) A O•_, as O — cn rn �' g 5rz$a) o0 ill •� a O P and their Network (I) Wr O O cn r• • N a) O •ri O U 41. O 'O 4 'r z O P•� O —1 co O 144 O rcj O N as 4 cnN • a) • L, a) 5 z o O CI)) •r+ rg /0 Department of ELDER AFFAIRS STATE OF FLORIDA The Age Friendly Initiative 20.8M 100+ fastest growing age group in Florida Depormenr of ELDER AFFAIRS STATE OF FLORIDA Dtpntmaet et .... ELDER AFFAIRS S1 TE OF FLORIDA ELDER AFFAIRS STATE OF FLORI I)A Depirsment of ELDER AFFAIRS STATE OF FLORIDA D p,ntmcni of A I ELDER AFFAIRS STATE OF FLORIDA Age 85+ 80-84 75-79 70-74 65-69 60-64 55-59 50-54 45-49 40-44 35-39 30-34 25-29 20-24 15-19 10-14 5-9 0-4 Number a 2010 Females 0 2010 Males 2030 Females d 2030 Males n L� 2,000 4,000 6,000 8,000 10,000 '.► Dep.ttmcnt of` ELDER AFFAIRS STATE OF FLORIDA Assumption: Older adults are an inevitable drain on healthcare resources Incorrect! • After 65, added years don't greatly impact Medicare costs • Aging has Tess influence on health expenditures than several other factors • How long we are sick affects spending more than how old we are ELDER AFFAIRS STATE OF FLoRMA Assumption: Older adults are a drag on the economy Incorrect! • Contribute $2,900 more to the economy than they consume in public services • Adults over 50 are fueling the fast growing "Longevity economy" • Volunteered 205 million hours last year. $3 billion potential cost savings ELDER AFFAIRS STATE o FLoRmA • In response to the challenges and opportunities of our rapidly growing older adult population, there has been a growing emphasis on making communities across our state "age -friendly". • The Aging Network is in a unique position to integrate individual and community interests in order to facilitate aging in community. ELDER AFFAIRS ST,Vfl. ©F FLORIDA ACE-FRIENDLY/UVABLE COMMON 13.1 ego o c CD CO a, es c_ ecc - e =1 = =c - a — • `_ � = �' G� aCD te+CZ .5 CD � G7 E G C? en 0- a c i� O 1p�p ce y :jam 4=> -= GJ C_ .0 � C7? i17 O bA vs C = = .o .0 C - - .� U V 4i C01 om••+ y ,G =02 _ 3 en O C • = co a = — ca ._.._ 1 f= .E c3• L J � 03 C cocp (-3 p ca 1 v — .= co --C en L6— CD ice•+ C3 Cn COCU7 = C cnc E E o a v /0-a- - Respect & Social Inclusion Social Environment Civic Participation & Employment Social Participation 1/4 Supports & Services Community Support & Health Services Communication & Information 1 r ELDER AFFAIRS 1.4blv STATE OF' FLORIDA The Age -Friendly designation is a process, a Livable Community is the outcome. /0-15 /o-/(4 An aging population is an opportunity to use our social and technological ingenuity to develop solutions to our changing needs that can move Florida forward. By restructuring public policies on issues like work and retirement, transportation, housing, health care and community building, we can make the most of this important source of social energy. Ocpzt«cnt of ELDER AF_FA: �51'ATE 0 FIARIDA RS 03,2 •. • ice,.Lamm 4 L. v • .117_ B! cd •MMO Ee PROCLAMATION HONORING STAN BOLING ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY DEVELOPMENT WHEREAS, Stan Boling retires from the Indian River County Department of Community Development as of July 23, 2019; and WHEREAS, Stan began his career with Indian River County on August 6, 1984 as a Staff Planner, was promoted to Current Development Section Chief on February 2, 1987, was promoted to Planning Director on February 2, 1990, and was promoted to Community Development Director on November 1, 2013; and WHEREAS, as Community Development Director, Stan has directed and supervised staff of the Planning Division, Environmental Planning and Code Enforcement, SHIP Program, Metropolitan Planning Organization, Building Division, Rental Assistance, Agricultural Extension Service, and Soil and Water Conservation District; and WHEREAS, during the time of Stan's employment, the County's population has more than doubled, and Stan has been integral in the review, establishment and implementation of land development regulations and standards in guiding and shaping this community into a well-planned and highly desirable place to live, work, and recreate; and WHEREAS, Stan has served this County and the Public with utmost integrity, competence, and success, and has gained the respect and admiration of all of his colleagues, co-workers, community leaders, organizations, and agencies within the County and throughout the state; and WHEREAS, Stan has not only served this County in his professional capacity, but has also bettered this community and all those who know him through his lifelong commitment to family, faith, and community service; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Stan Boling's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty five years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 18th day of June, 2019. BOARD OF COUNTY COMMISSIONERS; INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 11 7A MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: June 10, 2019 SUBJECT: Children's Services Advisory Committee Vacancy On June 5, 2019, we received notification that Paul Tanner verbally submitted his resignation as a BCC Appointee - District 5 to the Children's Services Advisory Committee. Paul Tanner's term expires in January 2021. Anyone interested in serving on the Children's Services Advisory Committee, and meeting the requirements for the BCC Appointee - District 5, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at http://www.ircgov.com/Boards/Committee_Application.pdf, or at the Board of County Commissioner's Office. DR:cm 12 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 6, 2019 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 31, 2019 to June 6, 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 May 31, 2019 to June 6,2019. 13 TRANS NBR 382476 382477 382478 382479 382480 382481 382482 382483 382484 382485 382486 382487 382488 382489 382490 382491 382492 382493 382494 382495 382496 382497 382498 382499 382500 382501 382502 382503 382504 382505 382506 382507 382508 382509 382510 382511 382512 382513 382514 382515 382516 382517 382518 382519 382520 382521 382522 382523 382524 382525 382526 382527 382528 382529 382530 382531 382532 382533 DATE 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 CHECKS WRITTEN VENDOR CREATIVE CHOICE HOMES XVI LTD VERO CLUB PARTNERS LTD AAPMVR CORP PATRIOT PRODUCTIONS LLC BOZARD FORD COMPANY RONALD PRICE LIBERTY MAGNET SCHOOL BETH NOLAN ORANGE COUNTY HOUSING & C D VERO BEACH EDGEWOOD PLACE LP GRACES LANDING LTD LINDSEY GARDENS LTD WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL HAGGERTY FAMILY LTD SUNQUEST INC THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE VILLAS LTD ADINA GOLDMAN INDIAN RIVER RDA LP GEORGE THUYNS LAZYJLLC JESSE LEWIS SKOKIE HOLDINGS INC ROGER WINSLOW OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 LINDSEY GARDENS II LTD ANTHONY ARROYO AHS HOLDINGS GROUP LLC DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE AMOUNT 20.00 30.00 1,000.00 250.00 21,726.00 10,000.00 3.00 40.00 681.45 566.00 8,859.00 5,832.00 446.00 12,513.00 17,092.00 596.00 265.00 2,676.00 195.00 377.00 3,281.00 17,861.00 370.00 1,761.00 257.00 416.00 518.00 3,393.00 762.00 367.00 3,990.00 12,799.00 718.00 702.00 7,512.00 4,555.00 433.00 2,112.00 615.00 4,772.00 638.00 1,976.00 667.00 569.00 468.00 205.00 1,335.00 683.73 5,914.00 481.00 1,263.00 1,476.00 20.00 679.00 457.00 540.00 112.00 510.00 1 TRANS NBR 382534 382535 382536 382537 382538 382539 382540 382541 382542 382543 382544 382545 382546 382547 382548 382549 382550 382551 382552 382553 382554 382555 382556 382557 382558 382559 382560 382561 382562 382563 382564 382565 382566 382567 382568 382569 382570 382571 382572 382573 382574 382575 382576 382577 382578 382579 382580 382581 382582 382583 382584 382585 382586 382587 382588 382589 382590 382591 382592 382593 DATE 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 VENDOR AMOUNT THEODORE BARTOSIEWICZ 497.00 FOUNDATION FOR AFFORDABLE RENTAL 19,602.00 RICHARD KUSSEROW 449.00 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY INC 509.00 JOHN T STANLEY 776.00 WEDGEWOOD RENTALS LLC 1,495.00 ALMA LUCKETT 813.00 MCLAUGHLIN PROPERTIES LLC 1,387.00 MYRIAM MELENDEZ 522.00 WATSON REALTY GROUP 3,032.00 JAMES R LYONS 349.00 SHEJI LLC 439.00 TONY GUTIERREZ 603.00 LAWRENCE C SALTER 470.00 PORT CONSOLIDATED INC 531.88 COMMUNICATIONS INTERNATIONAL 24,108.20 TEN -8 FIRE EQUIPMENT INC 37,103.37 RANGER CONSTRUCTION IND INC 358.55 PERERS ENTERPRISES INC 6,180.95 KIMLEY HORN & ASSOC INC 4,027.10 KIMLEY HORN & ASSOC INC 150.00 SAFETY PRODUCTS INC 508.75 AT&T WIRELESS 182.55 GAYLORD BROTHERS INC 389.66 WILD LAND ENTERPRISES INC 54.60 HACH CO 5,604.30 DEEP SIX DIVE SHOP INC 731.18 SCHULKE BITTLE & STODDARD LLC 53,180.00 TIRESOLES OF BROWARD INC 3,393.73 CHILDCARE RESOURCES OF IRC INC 12,180.00 DELL MARKETING LP 958.00 BLAKESLEE SERVICES INC 760.00 BAKER & TAYLOR INC 6,681.41 MIDWEST TAPE LLC 1,153.77 BAKER DISTRIBUTING CO LLC 91.05 ATKINS NORTH AMERICA INC 10,310.80 CENGAGE LEARNING INC 1,588.73 SOFTWARE HARDWARE INTEGRATION 984.00 SUNSHINE SAFETY COUNCIL INC 621.60 INDIAN RIVER COUNTY HEALTH DEPT 245.00 ROGER J NICOSIA 600.00 CITY OF VERO BEACH 316.03 UNITED PARCEL SERVICE INC 13.91 FERGUSON ENTERPRISES INC 5,178.96 INDIAN RIVER COUNTY SHERIFF 1,342.38 APCO INTERNATIONAL, INC 145.00 LIVINGSTON PAGE 40.00 JANITORIAL DEPOT OF AMERICA INC 30.98 AMERITREND HOMES OF THE TREASURE COAST LLC 1,000.00 PUBLIX SUPERMARKETS 125.00 PUBLIX SUPERMARKETS 36.24 WAL MART STORES EAST LP 96.05 ROGER CLEVELAND GOLF INC 275.40 ACUSHNET COMPANY 109.11 NATIONAL RECREATION & PARK ASSOC 175.00 CALLAWAY GOLF SALES COMPANY 137.71 FLORIDA POWER AND LIGHT 19,887.62 FLORIDA POWER AND LIGHT 2,218.15 FLORIDA POWER AND LIGHT 3,110.06 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 2 TRANS NBR 382594 382595 382596 382597 382598 382599 382600 382601 382602 382603 382604 382605 382606 382607 382608 382609 382610 382611 382612 382613 382614 382615 382616 382617 382618 382619 382620 382621 382622 382623 382624 382625 382626 382627 382628 382629 382630 382631 382632 382633 382634 382635 382636 382637 382638 382639 382640 382641 382642 382643 382644 382645 382646 382647 382648 382649 382650 382651 382652 382653 DATE 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 VENDOR AMOUNT GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,090.12 KENNETH CAMPBELL SENIOR 50.00 STRUNK FUNERAL HOMES & CREMATORY 425.00 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00 PROPERTY DAMAGE APPRAISERS 791.70 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 2,500.00 IRC HEALTHY START COALITION INC 833.33 HENRY SMITH 40.00 INTERNATIONAL ASSOCIATION OF 120.00 NATIONAL ALLIANCE FOR YOUTH SPORTS INC 540.00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 84.24 PELICAN ISLAND AUDUBON SOCIETY INC 2,756.05 COASTAL AUTOMOTIVE EQUIPMENT 582.62 TRANE US INC 4,082.00 CELICO PARTNERSHIP 178.87 CINTAS CORPORATION NO 2 77.31 JOSEPH W VASQUEZ 25.00 BIG BROTHERS AND BIG SISTERS 1,250.00 BIG BROTHERS AND BIG SISTERS 7,301.77 OTC DIRECT INC 839.86 THE SHERWIN WILLIAMS CO 480.75 SANIBEL HARBOUR MARRIOTT RESORT & SPA 149.00 ETR LLC 545.07 ART KRAFT SIGN CO INC 200.00 GERELCOM INC 6,216.89 JOHNNY B SMITH 100.00 FISHER & PHILLIPS LLP 6,412.00 REDLANDS CHRISTIAN MIGRANT ASSOC 4,312.21 LONG, WILEY & DEBORAH 32.63 ECONOMIC OPPORTUNITIES COUNCIL OF IRC 4,697.82 MADESSIA FLOWERS 50.00 TREASURE COAST FOOD BANK INC ' 227.73 NICOLACE MARKETING INC 4,165.00 OVERDRIVE INC 1,707.28 LOWES HOME CENTERS INC 1,204.78 CARDINAL HEALTH 110 INC 596.70 KYLE ANDERSON 2,000.00 TREASURE COAST TURF INC 170.00 PENGUIN RANDOM HOUSE LLC 389.85 CARMEN LEWIS 254.50 STRAIGHT OAK LLC 88.65 SOUTHERN MANAGEMENT LLC 6,537.00 DEBORAH CUEVAS 40.00 SUSAN ADAMS 79.04 FORTILINE INC 8,218.00 ARROW INTERNATIONAL 3,300.00 MICHAEL EDWARD HAMILTON 300.00 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 CATHEDRAL CORPORATION 16,500.00 UNIFIRST CORPORATION 96.07 CENTRAL FLORIDA EXPRESSWAY 7.00 EGP DOCUMENT SOLUTIONS LLC 100.00 AC VETERINARY SPECIALTY SERVICES 45.00 PEOPLE READY INC 360.08 WILLIS SPORTS ASSOCIATION INC 6,107.79 COLE AUTO SUPPLY INC 37.08 KONICA MINOLTA BUSINESS SOLUTIONS 39.65 3 TRANS NBR 382654 382655 382656 382657 382658 382659 382660 382661 382662 382663 382664 382665 382666 382667 382668 382669 382670 382671 382672 382673 382674 382675 382676 382677 382678 382679 382680 382681 382682 382683 382684 382685 382686 382687 382688 382689 382690 382691 382692 382693 382694 382695 382696 382697 382698 382699 382700 382701 382702 382703 382704 382705 382706 382707 382708 382709 382710 382711 382712 382713 DATE 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 VENDOR BETH NOLAN ALLAN D KELLERMAN THOMAS R PILIERO FLORIDA BULB & BALLAST INC STUART RUBBER STAMP & SIGN CO INC ROBERT G ALBRECHT JR ADVANTAGE GOLF CARS INC ENVIRONMENTAL SCIENCE ASSOCIATES GOMEZ BROTHERS IRRIGATION LLC THERNELL MILLS DIRECTV GROUP INC MARCO BEACH OCEAN RESORT AMERICAN JANITORIAL INC RAMONA MURPHY DRUG ABUSE TREATMENT ASSOCIATION WINNING STRATEGIES MARKETING INC AMAZON CAPITAL SERVICES INC TREASURE COAST PLUMBING LLC VERONIQUE ORY STURIALE TERRACON CONSULTANTS INC PIRATE PEST CONTROL LLC AMERIGAS PROPANE LP AMERIGAS PROPANE LP AMERIGAS PROPANE LP LOUIS AGUDELO BENEFIT EXPRESS SERVICES LLC JAMES ROMANEK INDIAN SPRINGS MFG CO INC DERECK R PRINCE JUDITH A BURLEY ALL PAVING INC APTIM CORP TRAFX RESEARCH LTD PUMP SERVICE & IRRIGATION INC ALVATON VOLUNTEER FIRE DEPT INC KRISTY LAWTON NICOM CONSULTANTS INC ALEA YEITER ANASTASIOS MFLIOS DEALER1STOP LLC AMANDA REESE DEMI MARTORANO RICHARD L THERIEN LEMMON LINES LLC DUKE HAWKINS GLENDALE ELEMENTARY SCHOOL UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 97.00 9,420.00 30.00 8,258.00 89.37 121.90 97.82 2,028.60 486.00 60.00 71.24 638.00 3,050.74 13.00 16.05 130.00 1,288.83 306.00 30.00 485.75 260.00 203.99 698.36 1,765.19 50.00 5,684.15 120.00 1,203.17 240.00 32.00 78,745.68 17,476.70 2,280.00 564.70 90,000.00 65.69 660.05 150.00 53.50 200.00 100.00 40.00 400.00 150.00 243.60 18.00 41.95 58.67 82.59 46.79 98.28 46.41 46.47 2.03 23.37 29.11 47.67 80.40 28.91 55.28 4 TRANS NBR DATE VENDOR AMOUNT 382714 06/06/2019 UTIL REFUNDS 39.61 382715 06/06/2019 UTIL REFUNDS 33.88 382716 06/06/2019 UTIL REFUNDS 14.80 382717 06/06/2019 UTIL REFUNDS 70.16 382718 06/06/2019 UTIL REFUNDS 338.50 382719 06/06/2019 UTIL REFUNDS 14.84 382720 06/06/2019 UTIL REFUNDS 49.62 382721 06/06/2019 UTIL REFUNDS 70.92 382722 06/06/2019 UTIL REFUNDS 108.10 382723 06/06/2019 UTIL REFUNDS 115.17 382724 06/06/2019 UTIL REFUNDS 50.43 382725 06/06/2019 UTIL REFUNDS 77.43 382726 06/06/2019 UTIL REFUNDS 109.64 382727 06/06/2019 UTIL REFUNDS 33.85 382728 06/06/2019 UTIL REFUNDS 21.74 382729 06/06/2019 UTIL REFUNDS 31.84 382730 06/06/2019 UTIL REFUNDS 20.50 382731 06/06/2019 UTIL REFUNDS 1.38 382732 06/06/2019 UTIL REFUNDS 68.98 382733 06/06/2019 UTIL REFUNDS 46.46 382734 06/06/2019 UTIL REFUNDS 2.57 382735 06/06/2019 UTIL REFUNDS 89.68 382736 06/06/2019 UTIL REFUNDS 39.45 382737 06/06/2019 UTIL REFUNDS 83.24 382738 06/06/2019 UTIL REFUNDS 41.17 382739 06/06/2019 UTIL REFUNDS 44.13 382740 06/06/2019 UTIL REFUNDS 46.80 382741 06/06/2019 UTIL REFUNDS 49.02 382742 06/06/2019 UTIL REFUNDS 44.04 382743 06/06/2019 UTIL REFUNDS 13.06 382744 06/06/2019 UTIL REFUNDS 48.26 382745 06/06/2019 UTIL REFUNDS 29.57 382746 06/06/2019 UTIL REFUNDS 39.25 382747 06/06/2019 UTIL REFUNDS 83.03 382748 06/06/2019 UTIL REFUNDS 88.88 382749 06/06/2019 UTIL REFUNDS 65.04 382750 06/06/2019 UTIL REFUNDS 8.06 382751 06/06/2019 UTIL REFUNDS 37.16 382752 06/06/2019 UTIL REFUNDS 62.15 382753 06/06/2019 UTIL REFUNDS 31.75 382754 06/06/2019 UTIL REFUNDS 62.15 382755 06/06/2019 UTIL REFUNDS 29.39 382756 06/06/2019 UTIL REFUNDS 38.76 382757 06/06/2019 UTIL REFUNDS 182.58 382758 06/06/2019 UTIL REFUNDS 45.05 382759 06/06/2019 UTIL REFUNDS 56.16 382760 06/06/2019 UTIL REFUNDS 128.29 382761 06/06/2019 UTIL REFUNDS 124.73 382762 06/06/2019 UTIL REFUNDS 60.02 382763 06/06/2019 UTIL REFUNDS 43.43 382764 06/06/2019 UTIL REFUNDS 72.45 382765 06/06/2019 UTIL REFUNDS 18.22 382766 06/06/2019 UTIL REFUNDS 61.63 382767 06/06/2019 UTIL REFUNDS 6.36 382768 06/06/2019 UTIL REFUNDS 72.87 382769 06/06/2019 UTIL REFUNDS 40.99 382770 06/06/2019 UTIL REFUNDS 75.52 382771 06/06/2019 UTIL REFUNDS 78.88 382772 06/06/2019 UTIL REFUNDS 29.08 382773 06/06/2019 UTIL REFUNDS 81.07 5 TRANS NBR DATE VENDOR AMOUNT 382774 06/06/2019 UTIL REFUNDS 96.55 382775 06/06/2019 UTIL REFUNDS 113.68 382776 06/06/2019 UTIL REFUNDS 53.37 382777 06/06/2019 UTIL REFUNDS 59.48 382778 06/06/2019 UTIL REFUNDS 1.54 382779 06/06/2019 UTIL REFUNDS 5.82 382780 06/06/2019 UTIL REFUNDS 75.92 382781 06/06/2019 UTIL REFUNDS 35.28 382782 06/06/2019 UTIL REFUNDS 37.66 382783 06/06/2019 UTIL REFUNDS 36.77 382784 06/06/2019 UTIL REFUNDS 38.17 382785 06/06/2019 UTIL REFUNDS 54.76 382786 06/06/2019 UTIL REFUNDS 39.12 382787 06/06/2019 UTIL REFUNDS 76.89 382788 06/06/2019 UTIL REFUNDS 84.95 382789 06/06/2019 UTIL REFUNDS 173.33 382790 06/06/2019 UTIL REFUNDS 40.18 382791 06/06/2019 UTIL REFUNDS 13.48 382792 06/06/2019 UTIL REFUNDS 28.78 382793 06/06/2019 UTIL REFUNDS 64.82 382794 06/06/2019 UTIL REFUNDS 6.45 382795 06/06/2019 UTIL REFUNDS 37.09 382796 06/06/2019 UTIL REFUNDS 74.77 382797 06/06/2019 UTIL REFUNDS 65.38 Grand Total: 754,622.44 6 TRANS. NBR 1015088 1015089 1015090 1015091 1015092 1015093 1015094 1015095 1015096 1015097 1015098 1015099 1015100 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/05/2019 06/06/2019 06/06/2019 06/06/2019 06/06/2019 VENDOR OFFICE DEPOT BSD CUSTOMER SVC COPYCO INC INDIAN RIVER OXYGEN INC GALLS LLC SOUTHERN COMPUTER WAREHOUSE INC APPLE MACHINE & SUPPLY CO CONSOLIDATED ELECTRICAL DISTRIBUTORS INC EFE INC PACE ANYALYTICAL LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST AMOUNT 3,493.62 225.00 142.00 25.54 3,587.55 107.40 260.77 875.95 108.00 12,492.18 63.96 678.99 474.02 22,534.98 1 TRANS NBR 6814 6815 6816 6817 6818 6819 6820 6821 6822 6823 6824 6825 6826 6827 6828 6829 P -CARD 6830 6831 6832 6833 6834 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 05/31/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/03/2019 06/04/2019 06/04/2019 06/05/2019 06/06/2019 06/06/2019 VENDOR MUTUAL OF OMAHA AMERICAN FAMILY LIFE ASSURANCE CO IRC FIRE FIGHTERS ASSOC NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC VERO HERITAGE INC C E R SIGNATURE CLEANING KIMLEY HORN & ASSOC INC C E R SIGNATURE CLEANING RX BENEFITS INC IRS -PAYROLL TAXES FL SDU INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS INDIAN RIVER COUNTY SHERIFF CLERK OF CIRCUIT COURT ST LUCIE BATTERY & TIRE CO TD BANK, N.A. CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY PROPERTY APPRAISER FL RETIREMENT SYSTEM ELITE TITLE TREASURE COAST INC ELITE TITLE TREASURE COAST INC AMOUNT 7,413.74 28,549.47 9,508.44 52,174.99 5,757.58 3,676.00 3,680.00 8,807.23 5,250.00 260,888.97 449,842.17 5,417.17 92,596.64 4,076,513.98 86,776.25 1,000.00 11,809.58 36.80 31.56 967,697.11 26,037.00 21,037.00 6,124,501.68 21 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: June 3, 2019 SUBJECT: TD Bank Credit Card Merchant Services On October 18, 2016, the Board awarded the banking services for the Board of County Commissioners to TD Bank. Since then, the County has been transitioning all of the County's banking accounts and services to TD Bank. Included in the banking services proposal was the option for the County to utilize TD Bank's merchant services. Finance staff recently requested a comparison from TD Bank for credit card fees against the County's current provider, Global Payments. The following County departments currently utilize Global Payments: Recreation, Shooting Range, Parks, and Building. Other County departments haverestrictions for credit card providers based on their software or point of sale systems. For fiscal year 2018, credit card fees for the departments utilizing Global Payments totaled $100,114. Based on TD Bank's analysis, overall annual savings are estimated at a minimum of $3,000 across those. departments. In addition, having the merchant services with TD Bank will provide additional customer service as the County has its own designated service team for all banking related services. Currently, with Global Payments, we are restricted to utilizing their customer service line for service -related issues. Those departments currently utilizing Global Payments will upgrade their machines to those with additional security features and enhanced capabilities. The one-time cost of those machines range from $300-600 per machine depending on what features departments need, and the cost will be the responsibility of the department. We have provided the new credit card machine specifications to the Computer Services department, and they have confirmed that the machines meet the required PCI compliance rules. Recommendation: Staff recommends the Board to approve the attached documents and authorize the Chairman to execute them. 22 lV Internal CONFIDENTIAL FIRST AMENDMENT TO MERCHANT PROCESSING APPLICATION AND AGREEMENT This First Amendment (the "Amendment") to the Merchant Processing Application and Agreement ("MPA") is made and entered into as of ("Effective Date"), by and between TD Bank, N.A. ("Bank") and ("Merchant", "you" or "your"). Merchant and Bank may be collectively referred to herein as the "Parties" or individually as a "Party." Capitalized terms not defined in this Amendment have the meanings given to them in the MPA. Details outlined within the Amendment take precedence over any contradictory details contained within the MPA as well as the General Terms & Conditions. RECITALS WHEREAS, Merchant and Bank have entered into, or are entering into in conjunction with this amendment, the MPA; WHEREAS, Merchant and Bank desire to amend the MPA in accordance with the terms and conditions of this Amendment; NOW THEREFORE, in consideration of the mutual covenants set forth below, Bank and Merchant hereby agree as follows: AGREEMENT 1. No Personal Guarantee Notwithstanding any provision of the MPA to the contrary, the Parties agree and acknowledge that the MPA shall not require any personal guarantee. Any reference to a personal guarantee or personal guarantee shall be given no effect. Any signatory to the MPA signs only in their official capacity of the legal entity, Merchant or Bank as applicable, and not in their personal capacity. Amendment to Part I: Confirmation Page, Your Responsibilities, Paragraph (b) Your Responsibilities, Paragraph (b) of the MPA, Part I: Confirmation Page, is hereby deleted and replaced in its entirety with the following new Paragraph (b): b) Intentionally Omitted. 3. Amendment to Part II: General Terms & Conditions, Section 2.2 Section 2.2 of the MPA, Part II: General Terms & Conditions, is hereby amended to address a scrivener's error by inserting the word "have" such that the first sentence reads as follows: If you have otherwise been approved for accepting American Express or WEX, your American Express and WEX transactions will be processed through and funded by American Express or WEX (as applicable). 4. Amendment to Part II: General Terms and Conditions, Section 4.3. Confidential Page 1 of 5 23 CONFIDENTIAL Section 4.3 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 4.3: 4.3 Advertising. To the extent required by and in accordance with the Card Organization Rules, you shall display Card service marks, as provided by us, to inform the public which Cards shall be honored at your place(s) of business. Your right to use or display Card service marks is solely as authorized by us and shall .continue while this Agreement remains in effect or until you are notified by us or a Card Organization to cease their use and display. Subject to our authorization, you may use Card service marks on promotional, printed or broadcast materials only to indicate that Cards are accepted for payment, and you shall not indicate, directlyor indirectly, that any Card Organization endorses any of your goods or services. 5. Amendment to Part II: General Terms and Conditions, Section 15.1 Section 15.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 15.1: 15.1 You shall safeguard all confidential information we supply or otherwise make accessible to you (including the terms of this Agreement) using a reasonable degree of care. You shall only use our confidential information for the purposes of this Agreement and shall not disclose our confidential information to any Person, except as we may agree in advance and in writing or as required by. Applicable Law. If you are required to disclose our confidential information pursuant to Applicable Law, you will only disclose information to the extent and for the purposes of such required disclosure, and you shall, to the extent practicable and legally permissible, first notify us of the pending disclosure and permit us to seek an appropriate protective or confidential treatment order. Unless prohibited by Applicable Law, at our request you shall return to us or destroy all of our confidential information in your possession or control. 6. Amendment to Part II: General Terms & Conditions, Section 19.4. Section 19.4 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 19.4: 19.4 Intentionally Omitted. Amendment to Part II: General Terms & Conditions, Section 19.9. Section 19.9 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 19.9: 19.9 In addition to other termination rights set forth herein, this Agreement also may be terminated upon 90 days prior written notice from either party to the other party, in the terminating party's sole discretion, with or without cause. 8. Amendment to Part II: General Terms & Conditions, Section 29.1. Confidential Page 2 of 5 24 Internal CONFIDENTIAL Section 29.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.1: 29.1 In addition to, but not in lieu of any indemnification provision otherwise contained in this Agreement not pertaining to you, subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you agree to indemnify and hold us, our Affiliates and third party service providers harmless from and against losses, liability, damages, claims, penalties, costs, or expenses incurred arising from:(a) any breach or misrepresentation by you under this Agreement; (b) your or your employees' or your agents' unlawful, willful, negligent or fraudulent action or omission that is in any way related to this Agreement or the obligations of you or us hereunder; (c) your use of the Services, including any Software or Equipment provided under this Agreement; (d) any third party indemnifications or payments we are obligated to make as a result of any action or omission by you or your employees or your agents (including indemnification of any Card Organization or Issuer); (e) your use of any Cardholder Information or other customer information obtained in connection with your use of the Services; (f) the content or delivery of any marketing messages that you send or cause to be sent to any customer; or (g) any other persons authorized or unauthorized access and/or use of any Service, Software or Equipment, whether or not using your unique username, password, or other security features. Amendment to Part II: General Terms and Conditions, Section 29.2 Section 29.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.2: 29.2 Intentionally Omitted. 10. Amendment to Part II: General Terms & Conditions, Section 30.1 Section 30.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 30.1: 30.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of laws provisions.• 11. Amendment to Part II: General Terms & Conditions, Section 30.2 Section 30.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the :following new section 30.2: 30.2 Subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you shall be liable for and indemnify us and our affiliates, officers, directors, employees and agents against any and all attorney's fees, costs and expenses incurred by us in the enforcement of your obligations under this Agreement. 12. Amendment to Part II: General Terms & Conditions, Section 31.1 Confidential Page 3 of 5 25 Internal CONFIDENTIAL Section 31.1 of the MPA, Part II: General Terms & Conditions, is hereby amended to strike the word "faxed," such that the first sentence reads as follows: Unless otherwise expressly stated in this Agreement, all notices hereunder shall be in writing and either hand delivered, sent by electronic mail, sent by overnight courier, or mailed first class (postage prepaid). 13. Amendment to Section 41.2. Section 41.2 of the MPA, Part II: General Terms & Conditions, is hereby amended by deleting the following defined terms: Guarantor: means any party who signs on the Personal Guarantee signature line(s) of the Application. See section 29.2. Personal Guarantee: See section 29.2. Personal Guarantee: see section 29.2. This term may also be referred to as Personal Guaranty. 14. Authority. The Parties represent and warrant that the execution, delivery and performance of this Amendment does not: (i) violate, or result in the breach of, any provision of their respective organizational documents; (ii) conflict with, or result in the breach of, require consent under, or constitute a default under, any contract by which each respective Party is bound, or (iii) violate any Applicable Law or Card Organization Rules applicable to each respective Party, and (iv) upon execution, will constitute a legal binding obligation upon each Party. Each Party further represents that the person signing this Amendment on behalf of the Party is an Authorized Representative. For clarity, the person signing this Amendment on behalf of Bank is not a Sales Representative, is not subject to the restriction on the Merchant application that states "NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT," and is authorized to accept and agree to alterations of the MPA. 15. Entire Agreement. Except as specifically amended hereby, the MPA, and all terms contained therein, remains in full force and effect. The MPA, as amended by this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. If an inconsistency exists between the terms of the MPA and the terms of this Amendment, the terms of this Amendment shall prevail with respect to such inconsistency. 16. Governing Law. Confidential Page 4 of 5 26 Internal CONFIDENTIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of laws provisions. 17. Captions. The captions in this Amendment are for convenience only and will not be considered a part of or affect the construction or interpretation of any provision of this Amendment. 18. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one agreement. By signing below, I certify 1 have read and agree to the terms of this Amendment. Merchant's Authorized Representative TD Bank, N.A. Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Confidential Page 5 of 5 27 Internal FIRST AMENDMENT TO MERCHANT PROCESSING APPLICATION AND AGREEMENT This First Amendment (the "Amendment") to the Merchant Processing Application and Agreement ("MPA") is made and entered into as of ("Effective Date"), by and between TD Bank, N.A. ("Bank") and ("Merchant", "you" or "your"). Merchant and Bank may be collectively referred to herein as the "Parties" or individually as a "Party." Capitalized terms not defined in this Amendment have the meanings given to them in the MPA. Details outlined within the Amendment take precedence over any contradictory details contained within the MPA as well as the General Terms & Conditions. RECITALS WHEREAS, Merchant and Bank have entered into, or are entering into in conjunction with this amendment, the MPA; WHEREAS, Merchant and Bank desire to amend the MPA in accordance with the terms and conditions of this Amendment; NOW THEREFORE, in consideration of the mutual covenants set forth below, Bank and Merchant hereby agree as follows: AGREEMENT 1. No Personal Guarantee Notwithstanding any provision of the MPA to the contrary, the Parties agree and acknowledge that the MPA shall not require any personal guarantee. Any reference to a personal guarantee or personal guarantee shall be given no effect. Any signatory to the MPA signs only in their official capacity of the legal entity, Merchant or Bank as applicable, and not in their personal capacity. 2. Amendment to Part I: Confirmation Page, Your Responsibilities, Paragraph (b) Your Responsibilities, Paragraph (b) of the MPA, Part I: Confirmation Page, is hereby deleted and replaced in its entirety with the following new Paragraph (b): b) Intentionally Omitted. 3. Amendment to Part II: General Terms & Conditions, Section 2.2 Section 2.2 of the MPA, Part II: General Terms & Conditions, is hereby amended to address a scrivener's error by inserting the word "have" such that the first sentence reads as follows: If you have otherwise been approved for accepting American Express or WEX, your American Express and WEX transactions will be processed through and funded by American Express or WEX (as applicable). Amendment to Part II: General Terms and Conditions, Section 4.3. 28 Section 4.3 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 4.3: 4.3 Advertising. To the extent required by and in accordance with the Card Organization Rules, you shall display Card service marks, as provided by us, to inform the public which Cards shall be honored at your place(s) of business. Your right to use or display Card service marks is solely as authorized by us and shall continue while this Agreement remains in effect or until youare notified by us or a Card Organization to cease their use and display. Subject to our authorization, you may use Card service marks on promotional, printed or broadcast materials only to indicate that Cards are accepted for payment, and you shall not indicate, directly or indirectly, that any Card Organization endorses any of your goods or services. 5. Amendment to Part II: General Terms and Conditions, Section 15.1 Section 15.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 15.1: 15.1 You shall safeguard all confidential information we supply or otherwise make accessible to you (including the terms of this Agreement) using a reasonable degree of care. You shall only use our confidential information for the purposes of this Agreement and shall not disclose ourconfidential information to any Person, except as we may agree in advance and in writing or as required by Applicable Law. If you are required to disclose ourconfidential information pursuant to Applicable Law, you will only disclose information to the extent and for the purposes of such required disclosure, and you shall, to the extent practicable and legally permissible, first notify us of the pending disclosure and permit us to seek an appropriate protective or confidential treatment order. Unless prohibited by Applicable Law, at our request you shall return to us or destroy all of our confidential information in your possession or control. 6. Amendment to Part II: General Terms & Conditions, Section 19.4. Section 19.4 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 19.4: 19.4 Intentionally Omitted. 7. Amendment to Part II: General Terms & Conditions, Section 19.9. Section 19.9 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 19.9: 19.9 In addition to other termination rights set forth herein, this Agreement also may be terminated upon 90 days prior written notice from either party to the other party, in the terminating party's sole discretion, with or without cause. 8. Amendment to Part II: General Terms & Conditions, Section 29.1: 29 Section 29.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.1: 29.1 In addition to, but not in lieu of any indemnification provision otherwise contained in this Agreement not pertaining to you, subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you agree to indemnifyand hold us, our Affiliates and third party service providers harmless from and against losses, liability, damages, claims, penalties, costs, or expenses incurred arising from:(a) any breach or misrepresentation by you under this Agreement; (b) your or your employees' or your agents' unlawful, willful, negligent or fraudulent action or omission that is in any way related to this Agreement or the obligations of you or us hereunder; (c) your use of the Services, including any Software or Equipment provided under this Agreement; (d) any third party indemnifications or payments we are obligated to make as a result of any action or omission by you or your employees or your agents (including indemnification of any Card Organization or Issuer); (e) your use of any Cardholder Information or other customer information obtained in connection with your use of the Services; (f) the content or delivery of any marketing messages that you send or cause to be sent to any customer; or (g) any other persons authorized or unauthorized access and/or use of any Service, Software or Equipment, whether or not using your unique username, password, or other security features. 9. Amendment to Part II: General Terms and Conditions, Section 29.2 Section 29.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 29.2: 29.2 Intentionally Omitted. 10. Amendment to Part II: General Terms & Conditions, Section 30.1 Section 30.1 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 30.1: 30.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of laws provisions. 11. Amendment to Part II: General Terms & Conditions, Section 30.2 Section 30.2 of the MPA, Part II: General Terms & Conditions, is hereby deleted and replaced in its entirety with the following new section 30.2: 30.2 Subject to the provisions and limitations of Section 768.28, Florida Statutes, as applicable and as the same may be amended from time to time, you shall be liable for and indemnify us and our affiliates, officers, directors, employees and agents against any and all attorney's fees, costs and expenses incurred by us in the enforcement of your obligations under this Agreement. 12. Amendment to Part II: General Terms & Conditions, Section 31.1 30 Section 31.1 of the MPA, Part II: General Terms & Conditions, is hereby amended to strike the word "faxed," such that the first sentence reads as follows: Unless otherwise expressly stated in this Agreement, all notices hereunder shall be in writing and either hand delivered, sent by electronic mail, sent by overnight courier, or mailed first class (postage prepaid). 13. Amendment to Section 41.2. Section 4 L2 of the MPA, Part II: General Terms & Conditions, is hereby amended by deleting the following defined terms: Guarantor: means any party who signs on the Personal Guarantee signature line(s) of the Application. See section 29.2. Personal Guarantee: See section 29.2. Personal Guarantee: see section 29.2. This term may also be referred to as Personal Guaranty. 14. Authority. The Parties represent and warrant that the execution; delivery and performance of this Amendment does not: (i) violate, or result in the breach of, any provision of their respective organizational documents; (ii) conflict with, or result in the breach of, require consent under, or constitute a default under, any contract by which each respective Party is bound, or (iii) violate any Applicable Law or Card Organization Rules applicable to each respective Party, and (iv)'upon execution, will constitute a legal binding obligation upon each Party. Each Party further represents that the person signing this Amendment on behalf of the Party is an Authorized Representative. For clarity, the person signing this Amendment on behalf of Bank is not a Sales Representative, is not subject to the restriction on the Merchant application that states "NO SALES REPRESENTATIVE IS AUTHORIZED TO ACCEPT OR AGREE TO ANY ALTERATIONS TO THIS AGREEMENT," and is authorized to accept and agree to alterations of the MPA. 15. Entire Agreement. Except as specifically amended hereby, the MPA, and all terms contained therein, remains in full force and effect. The MPA, as amended by this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. If an inconsistency exists between the terms of the MPA and the terms of this Amendment, the terms of this Amendment shall prevail with respect to such inconsistency. 16. Governing Law. 31 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to any conflict of laws provisions. 17. Captions. The captions in this Amendment are for convenience only and will not be considered a part of or affect the construction or interpretation of any provision of this Amendment. 18. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one agreement. By signing below, I certify I have read and agree to the terms of this Amendment. Merchant's Authorized Representative TD Bank, N.A. Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: 32 Reset form MERCHANT PROCESSING APPLICATION AND AGREEMENT (Page 1 of 3) Eli Bank :arises lam ter;egmantarii• Legal Name: Indian River County Board of County Commissiord Store#: Loc. 1 of DBA/Outlet Name: Indian River County First/Last Contact Name: Raeanne Cone Address: 1801 27th Street Business Phone: (772) 226-1219 Suite #: city: Vero Beach state: FL zip: 3296 Customer Service Phone: Fax Phone: Cell Phone: E -Mail Address: Website URL Address: TIN Type: IE EIN (Fed Tax ID #) 0 SSN Retrieval Requests: 0 Dedicated 24 hour fax 0 No fax; mail O Dispute Manager NOTE: Failure to provide accurate information may require us to withhold income tax from your funding per IRS regulations. Name (as it appears on your Income tax return) County of Indian River El Federal Tax ID# (as it appears on your Income tax return) 596-00-0674 0 I certify that I am a foreign entity/nonresident ellen.(If checked, please attach IRS Form W-8.) Product/Services you sell: Time frame from transaction to delivery: of orders delivered In: 0-7 days 100 % + 8-14 days Who performs product/service fulfillment? Direct X % + 15-30 days % + over 30 days Vendor If Vendor, add name, address, phone. = 100% 0 Other: (specify) Do you use any third party to store, process or transmit cardholder data? 0 Yes IE No If yes, give name/address: Please Identify any Software used for storing, transmitting, or processing card transactions or authorization requests. (2) OWNERSHIP State Organized: F L Mo/Yr Started: 06/25 0 Sole Ownership 0 Partnership 0 Non Profit/Tax Exempt 0 Public Corp. 0 Private Corp. ❑ LLC O Gov't. Owner/Partner/Officer Name: D.O.B.: Social Security #: Home Phone: Ownership %: Home Address: City: State: Zip: Country: US Form of ID Verified: OK 0 Expiration Date: State: Owner/Partner/Officer Name: D.O.B.: Social Security #: Home Phone: Ownership %: Home Address: City: State: Zip: Country: US Form of ID Verified: OK 0 Expiration Date: State: (3) BUSINESS FINANCIAL DATA Total Annual Volume Thls Location All Locations Cash & Credit $ 325,842,601$ 325,842,601 MasterCard/Visa $ 3,000,000 $ 3,000,000 Discover/Pal/Pal $ 30,000 $ 30,000 American Express OptBlue$ 21,000 $ 21,000 Voyager WEX Average Card Sale Amount Highest Sale Amount $ 160 $ 500 Card Present Internet Mail Order/ Direct Marketing Phone Order Total 100 % Swiped Keyed Total 100 (4) BANKING AND FUNDING INFORMATION ABA: 067014822 DDA: 4308981805 RI Attach a copy of funding check or bank letterhead/logo signed by a bank officer with typed ABA/DDA. Must Include bank name and address. Deduct Fees: 0 Daily (excluding Flat Rate) or O Monthly (lee will apply) Bank Will Fund: i Outlet 0 Head Office S PAYMENTS ACCEPTED E MasterCard/Visa Credit and Signature Debit E Discover Credit and Signature Debit (Full Service Processing) E PIN Debit O PlNless Debit D American Express OptBlue ❑ Voyager Fleet ❑ Voyager Tax Exempt Program ❑ WEX Full Acquiring ❑ WEX (Non -Full Acquiring) ❑ MC Fleet ❑ EBT ❑ American Express Pass Through SE 0 Split Dial 0 EDC 33 May 2018 Manual MPA - CAP # 48360 MERCHANT PROCESSING APPLICATION AND AGREEMENT (Page2of 3) DBA Name: Indian River County Loc. 1 of TD2008ia (6) EQUIPMEN • ETAILS MICEIM5M Rental • Purchase Customer -Owned Lease* - QTY IPType Equipment T e Industry Type Model Code and Name Unit Price w/o Tax and S&H For Customer -Owned Equipment Track/Version/Serial # Debit Fees* ❑ % (Applies to Signature, PIN and PINIess Debit) Sales/Return Transaction Fee (124,125) $ Unbundled Debit Transaction Fee (018) $ .15 $ *Plus applicable PIN Debit Network fees. Miscellaneous Fees* (If Applicable) D TransArmor Data Protection Tokenization & Encryption (per authorization) (12E,12G, 121) $ .01 % % % PCI Non -Compliance Fee (42G) $ 20.00 $ Monthly Account Minimum Fee (954) $ 15.00 Paper Statement Fee (240) $ 0 (Default is free electronic statement) Chargeback Fee (205, 725, 20L) $ 25.00 ❑, Batch Settlement Fee. (227) $ 0.19 Monthly Funding Advantage (158) 0.00 AVS (405, 406, 407, 408, 07A, 078, 07C, 069, 079) $ 0.01 $ MasterCard/Visa/Discover Network Access Fee (505, 504, 526) $ 0.0195 MasterCard License Volume Fee (818) 0.0075 MasterCard Cross Border Fee (605, 606) 0.60 0 American Express Authorization Fee (IOP) $ .21 EBT (18E, 181, 02X, 18H) $ Other: $ $ *You must reimburse us for all obligations of any kind that a Card/Payments Organization imposes on us in connection with your acceptance of its Card types, In connection with the transactions processed under your MID, or as a result of your actions or failures to act, including but not limited to the fees and costs described in the Interchange Qualification Matrix and American Express OptBlue® Guide (both available at www.businesstrack.com). 34 Shipping and Handling: Standard $ 20.00 Overnight $ 50.00 II Enable EMV *See Equipment Lease Agreement for the Terms and Conditions governing your leased equipment. (7) FEE SCHEDULE Product Subscriptions (Monthly) Clover Services (Per Device)* Clover Insights (Insightics Solution) (2CS) $ (49M) $ *Charges for Clover Services may appear on your monthly statement or may be billed through the Clover App Market, depending on the device. Mobile Payments Solution (Clover Go) Mobile Payments Monthly Fee (Per Terminal ID) (32Y) $ eCommerce/Wireless Solutions Payeezy Monthly Fee (40A) $ Payeezy Authorization Fee (OFC) $ Clover Online Store (2D9) $ Global ePricing MC/Visa Service Fee (897, 898) Third Party Internet Set -Up Fee (30R) $ Third Party Internet Authorization Fee (03R, 04R, 061, 071, 435) $ Third Party Internet Service Fee (394) $ Wireless Access Fee (Per Device) (60J) $ Petroleum Services Datawire Micronode ❑ Yes ❑ No Datawire Monthly Fee (354) Voyager WEX Authorization Fee (0D0, OD1, ODV) $ Sales/Credit Discount (766, 767) Full Service Authorization Fee (004) $ Sales/Credit Discount (840, 841, 842, 843) Chargeback Fee (29H) $ Retrieval Fee (291) $ Non -Full Service Authorization Fee (OBO, 0131, OBV) $ Start -Up Fees Application Fee (Non -Refundable) (321) $ 82 Reprogramming Fee (31A) $ 0 Debit Set -Up Fee (31 B) $ 0 Miscellaneous Fee (31J) $ 0 *Equipment Purchase (ACH) $ Other: ( ) $ Total Amount $ w/o tax *Plus applicable State/City/Local sales tax. Debit Fees* Bundled Debit Discount Rate (120) % (Applies to Signature, PIN and PINIess Debit) Sales/Return Transaction Fee (124,125) $ Unbundled Debit Transaction Fee (018) $ .15 (Applies to PIN Debit Only) *Plus applicable PIN Debit Network fees. Miscellaneous Fees* (If Applicable) TransArmor Data Protection Tokenization & Encryption (per authorization) (12E,12G, 121) $ .01 % % % PCI Non -Compliance Fee (42G) $ 20.00 Monthly Service Charge (329) $ 11.00 Monthly Account Minimum Fee (954) $ 15.00 Paper Statement Fee (240) $ 0 (Default is free electronic statement) Chargeback Fee (205, 725, 20L) $ 25.00 ACH Reject Fee (401) $ 35.00 Batch Settlement Fee. (227) $ 0.19 Monthly Funding Advantage (158) 0.00 AVS (405, 406, 407, 408, 07A, 078, 07C, 069, 079) $ 0.01 Voice Authorization (10B, 10E, 10K, 100) $ 1.25 MasterCard/Visa/Discover Network Access Fee (505, 504, 526) $ 0.0195 MasterCard License Volume Fee (818) 0.0075 MasterCard Cross Border Fee (605, 606) 0.60 Visa Int'I Service Fee USD (22A) 0.80 % Non -USD (22Z) 1.57 American Express Authorization Fee (IOP) $ .21 EBT (18E, 181, 02X, 18H) $ Other: $ *You must reimburse us for all obligations of any kind that a Card/Payments Organization imposes on us in connection with your acceptance of its Card types, In connection with the transactions processed under your MID, or as a result of your actions or failures to act, including but not limited to the fees and costs described in the Interchange Qualification Matrix and American Express OptBlue® Guide (both available at www.businesstrack.com). 34 May 2018 Manual MPA - CAP # 48360 MERCHANT PROCESSING APPLICATION AND AGREEMENT (Page 3 o 3) DBA Name: Indian River County CHEDULE (cont'd) Loc. 1 of Pricing MethodA MasterCard/ Visa/Discover Ntwk/PayPal 2 -Tier MasterCard/ Visa/Discover Ntwk/PayPal 3 -Tier Transaction Fees (Applies to MasterCard/Visa/Discover Ntwk/PayPal 2 -Tier and MasterCard/Visa/Discover Ntwk/PayPal 3 -Tier ONLY) MasterCard/Visa/ Discover Ntwk/ PayPal/American Express OptBlue° Discount Rate Interchange Plus Qualified Discount Rates MasterCard/Visa/Discover Ntwk/PayPal Credit Discount Rate (800, 804, 170) % % MasterCard/Visa/Discover Ntwk/PayPal Credit Trans Fee (001, 002, 005, 006, 015, 016) $ % .45 % MasterCard/Visa/Discover Ntwk/PlNless POS Signature Debit Discount Rate• (850, 854, 964, 27P) % % MasterCard/Visa/Discover Ntwk Signature Debit Trans Fee (130, 131, 134, 135, 787, 788, 18C) $ % .45 American Express OptBlue° (84A) .45 % Mid -Qualified Discount Rates (Does not apply to MasterCard/Visa/Discover/PayPal 2 Tier) MasterCard/Visa/Discover Ntwk/PayPal Credit Discount Rate (810, 814, 990) % MasterCard/Visa/Discover Ntwk/PayPal Credit Trans Fee (611, 612, 615, 616, 717, 718) $ MasterCard/Visa/Discover Ntwk Signature Debit Discount Rate* (870, 874, 968) % MasterCard/Visa/Discover Ntwk Signature Debit Trans Fee (140, 141, 144, 145, 791, 792) $ Non•Qualified Discount Rates MasterCard/Visa/Discover Ntwk/PayPal Credit Discount Rate (820, 824, 994) % % MasterCard/Visa/Discover Ntwk/PayPal Credit Trans Fee (621, 622, 625, 626, 721, 722) $ MasterCard/Visa/Discover Ntwk Signature Debit Discount Rate* (880, 864, 978) % % MasterCard/Visa/Discover Ntwk Signature Debit Trans Fee (150, 151, 154, 155, 795, 796) $ *Fees do not apply if Bundled Debit Is chosen MasterCard/Visa/Discover Ntwk/PlNless POS Authorization & Return Transaction Fee (10A, 10D, 002, 006, 131,135, 10J, 016, 788, 11P) $ $ •21 Non-Qual Surcharge Fee(30D) (excluding Card/Payments Organization pass-throuh fees, and any Interchange rate difference) Applies to Non -Qualified MasterCard, Visa, Discover Ntwk/PayPal, and/or Signature Debit Transactions. Rewards Cards Surcharge Rate (20N) % Interchange Rates are variable and are determined by how your transactions clear. Please see your Interchange Rate Schedule, Interchange Qualification Matrix and American Express OptBlue Guide for Interchange Rates & Dues/Assessments and qualifica ion criteria as of he date of this Application. The Interchange Rates and Dues/Assessments are subject to change. American Express OptBlue has Program Pricing which Is not Interchange and which Is subject to change. Swlped/Non-Swiped (if selected, the discount rates below apply to all card types and brands accepted other than petroleum) Swiped or Dipped Transactions % of gross transactions (23Z) + $ per transaction (24C) Non -Swiped or Non -Dipped % of gross transactions (24D) Transactions + $ per transaction (24B) (8) AGREEMENT APPROVAL By signing below I certify that: (A) 1 am an owner, partner, officer or other Authorized Representative of the entity Identified In this Application as the Merchant; and (B) that I am duly authorized to enter into agreements on behalf of the Merchant; (C) the federal taxpayer Identification number and corresponding filing name provided are correct; (D) the statements made and agreed to In this Application are true, complete and accurate, and may be relied upon as current unless changed or updated In accordance with the Notice provisions of the Agreement; (E) I can read and understand the English language; (F) I have received and read a copy of the Merchant Application and Agreement consisting of (i) Sections 1-9 of this Application, (ii) the General Terms and Conditions, (iii) Confirmation Page and (iv) Interchange Rate/Fee Schedule. Further, 1 understand that the Interchange Qualification Matrix and American Express OptBlue° Guide and Your Payments Acceptance Guide are available at www.businesstrack.cont upon Merchant Account approval and the signature below Is for the entire contents of the listed documents. In addition by signing below on behalf of myself as an Individual, and the Merchant on whose behalf I am signing I: (A) authorize TD Bank N.A. ("Bank"), to Investigate, verify and receive all credit and financial Information, Including consumer and business credit reports, about the Merchant and me personally from all references, Including banks and credit reporting agencies, which are hereby released to provide that Information from time to time; (B) authorize Bank and the applicable Card/Payments Organizations, and its and their Affiliates, third party subcontractors and/or agents to use, disclose, and share amongst them, the information in the Agreement, Application and all credit and financial information obtained from third parties about Merchant and me personally (1) in connection with Bank's determination whether to accept this Application and enter Into this Agreement, (ii) to maintain the Agreement and Merchant Account, and (iii) for any other uses permitted by law. I further acknowledge and agree that Merchant will not use the Merchant Account and/or the Services for Illegal transactions, for example, those prohibited by the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, or for processing and acceptance of transactions In certain jurisdictions pursuant to 31 CFR Part 500 et seq. and other laws enforced by the Office of Foreign Assets Control (OFAC). Notice Regarding the USA Patriot Act: The Bank compiles with section 326 of the USA Patriot Act. The Law requires us to verify certain information, Including your name, legal address, date of birth, Social Security or tax ID number, while processing your Merchant Processing Agreement. Merchant's Authorized Representative: Signature TD Bank, N.A. Print Name: Date: Title: 0 President 0 Vice President 0 Member L.L.C. 0 Owner 0 Partner 0 Other: Signature Print Name: Date: Title: 0 President 0 Vice President 0 Member L.L.C. 0 Owner 0 Partner 0 Other: Signature Date: TD2008 is (9) PERSONAL GUARANTEE In exchange for TD Bank N.A.'s ("Bank") acceptance of the Merchant Processing Application and Agreement ("MPA") the undersigned ("Guarantor") (A) unconditionally and Irrevocably guarantees the full payment and performance of Merchant's obligations (i) as they now exist or as modified by the parties, (ii) with or without actual notice of changes, and (iii) during and after the term of the MPA; (B) individually and severally, hereby agree to be bound by all terms and provisions of this MPA to the same extent and in the same manner as the Merchant; (C) waives notice of Merchant's default; (D) shall indemnify the Bank for any and all amounts due from the Merchant; (E) warrants, with knowledge that Bank Is acting in full reliance of the same and that this is a Personal Guarantee of payment and not of collection; (F) acknowledges that Bank, may proceed in law directly against the Guarantor and not the Merchant; and (G) this Is a continuing personal guarantee and shall not be discharged or affected for any reason. Guarantor agrees that: (A) It has received and reviewed a complete copy of the Application and Merchant Processing Agreement and agrees to be bound by its terms; (B) Bank may Investigate, verify and receive all credit and financial information and references about me from all references, Including banks and consumer reporting agencies, which are hereby released to provide that information from time to time; (C) that Bank may use such credit reports in connection with establishing and maintaining Merchant's account and Agreement; and (D) that Bank may share my credit and financial information for any use permitted by law. Signature: Signature: 35 , an individual an individual May 2018 Manual MPA - CAP # 48360 'TC INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan. Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: June 7, 2019 SUBJECT: D. R. Horton Inc.'s Request for Final Plat Approval for Pointe West East Village Phase 2B [PD -17-02-01 / 99070081-82848] It is requested that the data hereinpresented be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. DESCRIPTION & CONDITIONS: The Pointe West East Village PD Phase 2B represents the last phase of the Pointe West East Village. Phase 2B consists of 93 lots on 25.10 acres resulting in a density of 3.70 units/acre for Phase 2B. In 1999, the overall Pointe West Planned Development Traditional Neighborhood Design was approved for development of 1,199 units on 602.99 acres resulting in a density of 1.99 units/acre. Pointe West East Village is located on the south side of 16th Street, east of 74th Ave, and is zoned PDTND (Planned Development Traditional Neighborhood Design). The fmal plat application is on file with the Planning Division. On February 23, 2017, the Planning & Zoning Commission granted phased preliminary PD plat approval for the Pointe West East Village PD Phase 2. Phased approval was given to construct 161 lots and park tracts on 47.98 acres. Subsequently, construction of the subdivision commenced and has proceeded in accordance with the overall project's phased approval. With respect to Phase 2B, the developer obtained a land development permit, constructed the required subdivision improvements, and is working to obtain a certificate of completion. Recently, the applicant submitted a Phase 2B fmal plat in conformance with the approved preliminary PD plat, and now requests that the Board of County Commissioners grant fmal plat approval for Pointe West East Village PD Phase 2B. ANALYSIS: All of the required improvements for Pointe West East Village PD Phase 2B have been completed and the developer obtained a certificate of completion on May 7, 2019. As part of the certificate of completion process, the developer posted a maintenance bond to guarantee required road and drainage improvements for a period of 1 year. In this case, all subdivision improvements (stormwater tracts, park tracts, roadways) will be private, with the exception of certain utility facilities, which have been dedicated and guaranteed to Indian River County as required by the Utility Services Department. All requirements of fmal plat approval for Pointe West East Village PD Phase 2B have been satisfied. 36 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Pointe West East Village PD Phase 2B. ATTACHMENTS: 1. Location Map 2. Plat Layout 37 1 1 I TT4'zTITT- 2 74TH Av (RANGELINE RO) RANGE UNE CANAL -0- z ' t - iipiliiiill —o — m 0, s o y > .11 BUNKER CT Mil I.. .11 4 MI MI MIo o o r. 11.1 — all MEIN inMEM mg ... mi =so 0VI I= PM 111111111 4 \\ EARLSFERRY AV 111111 ,.„ UCI BB0):1-1-7:10d MP C, A Il4 l\\ 11 4Vjti lDRII r. k IIITN filliaddik N CI'L -11 .\. O IP"' % • 0 1 MEL 11111 , z CT AMBLE DR rril7 2 EAST_VILLAGE DR rt) 1 co 08_371103S 011 1.4 -,..1•1•11111••••11111, hill WLLO-:AV 1 1 NMI uI -AIRLSFERRY AV > FORTROSE DR PSI MULLAN m :1 CARRIACD VEN AV • SFIELD TE' EMI 0 CA POINTE WEST EAST VILLAGE, PHASE 2B PD BEING A REPLAT OF A PORTION OF PARCEL B OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE 1 PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. BENCHMARK LLEVA005 I� . _EASTJELAY SQUARE 826529.01 tt98J6J.OJ NORTH UNE OF PARCEL B 6933.32'E 1796.47 TRACT 6-6 COIF COURSE. RECREATION & DRAINAGE PLAT BOOK 22. PACE 59 POINT OF BEGINNING NORTHEAST CORNER OF PARCEL B PLAT BOOK: PAGE: CFN: CLERK'S FILE NUMBER 102 101 100 99 198 199 200 201 226 II 225 II 11 98 7 97 96 2271 I 228 95 I I 94 I- 252 251 1 I 224 1 JL F 223 i 1 r 222 III 11 ISI 202 1 229 lrc II 250 1 11 1 255 Io 1-I- _ RT. 1 256 I3 248 111 11 257 I ISI 93 92 EAST VILLAGE SQUARE 253 I 254 91 II SII 273 71) 1 1 204 220 64 233 246 203 221 230 1g 249 231 232 247 Top AR6-NRRTIF-HVE OF -PHASE -EA E�vAnw • CAP r- G2" T 56933.3210 26500' -- 569163'3210 270.00 272 271 89 8 87 86 84 275-T 288 �l R I 276 I 287 270 258 269 usJsw`m L.PR NS H UHCE PER P.B. 27. PC. 90 I i �an 1�I I asBUNGALOW a JJ 1 E } T.1 -11 1 - r POIJI I 1 1 WEST_EAST VILLAGE 2A PO I8 P AT BOOK 29, AGE 259 1 277 I� 278 11 279 286 285 284 NE 116610. GENERAL NOTES 50 . 1. NOTI0F' BEARINGS ARE BASEDONTHE GRID BEARING OF N89'53'32E ALONG THE NORTH LINE PARCEL B, POINTE NEST EAST VILLAGE PHASE 1 PD. 83 1 2. NOTICE NO CONSTRUCTION, TREES OR SHRUBS WILL BE PLACED IN EASEMENTS WITHOUT COUNTY 81 APPROVAL. 3. NOTICE: THIS PLAT. AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY 80 BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE r1-� PLAT. 289 I 305 I 1 1 I 5 4. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND 79 IN THE PUBLIC RECORDS OF THIS COUNTY. 290 Ie I 304 5. PROPERTY IS LOCATED IN FLOOD ZONE X, AS PER FEMA MAP H 206ICO238 , DATED 12-4-2012. 1• 6. ALL PRM'S, PCP'S AND LOT CORNERS HAVE BEEN z 291 I� 1 303 B I 78 SET PER FLORIDA STATUTES. i n jL • 7, NOTICE: ROUTINE MAINTENANCE (E.G. MOWING ETC.) I- F _ ' 1 - OF EASEMENTS SHALL BE THE RESPONSIBILITY OF 292 �� 1-302 a n 11 COUNTY/PROPERTY OWNERS AND NOT INDIAN RIVER I 1m 1 III I B. 6/EVATIONS SHONN HEREON HAVE BEEN REFERENCED - TO 1HE NORTH AMERICAN VERTICAL DATUM, 1988 293 301 (N.A.V.D., 1988). THE EXISTING CONTROL UTILIZED TO 1 I 76 • ESTABLISH SAID REFERENCE IS INDIAN RIVER COUNTY Nppg6.26w BENCHMARK NUMBER 122022 SITE BENCHMARKS ARE II 641 80,00' 1 �, W �, SHOWN OPI SHEET 2 OF 4. _ _--._,.._.. i'se9sr3210 isLLm' oa 9 RADIAL RTOUTHE CURVE, UNLESSSHOW NOTED. HEREON ARE 1 w 1 it tll� II }} � - n 10. PLANTI PROPERTY OWNERS ARE PRO101 NED FROM I II Ye � � PLANTING ANY CARIBBEAN FRUIT FLY AND ASIAN -_.-1,7"41€1.-11 W € B `.28 CITRUS PSYLUD (CITRUS GREENING) HOST PLANTS AS ! I 11 I - SPECIFIED HEREIN AND ARE REQUIRED TO REMOVE 1 1 �! SAME IF ANY EXISTS: CATILEY GUAVA, COMMON P - J `c'0. GUAVA, LBOUAT, ROSE APPLE, ORANGE JASMINE, j �1_ .- .._. -_I CHINESE BOX ORANGE AND SURINAM CHERRY. n 71. THE STATE PLANE COORDINATES AS SHOWN HEREON ARE BASED UPON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NAD 1983, 2011 -I{ ADJUSTMENT, AND WERE DEVELOPED USING A REAL TIME GLOBAL POSITIONING SYSTEM FROM THE INDIAN RIVER COUNTY DENSIFICATION PROJECT AS FOLLOWS: 075 /47 N 1204261.25 E 824726.37 GPS #48 N 1202016.42 E 824719.94 12.N0 BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF THE LOT OR IRACT I5 OBTAINED. INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT THE TIME WHEN AN APPLICANT OR APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTIFICATE. 13.THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROVIDING THE SIDEWALK REQUIRED ALONG HIS LOT'S STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT. 82 6 280 283 NORTH 17411' Oil 7045E 2A 569161'32101 376.46' I 268 I1 1 281 282 _ 1 't- �£ 27000 Tuw 26500' IIS I '6ssr.ATIOIDEZM 417=1 1J \\ GRAPHIC SCALE II Curve Table CURVE / LENGTH RADIUS DELTA CHR CHORD CI 75.71' 10.00' 09090'00' 1,14,53'32Y 10. 62 15.71• 1000' 09090'00' S45'06'280 14.11 1 moe 01 T 1 J Lk,. Table LINE LENCM PRECTION LI LI Baal 569' SJ' 32" L3 500' 06' 287 LA 10.00' L5 SAW 63'32, 500' 06' ACE L7 L6 S89' 53' 32W LSI S20' 06' NT LEGEND / P.R.M.=1/2" IRON ROD AND CAP STAMPED PRM PSM 5243 UNLESS NOTED OTHERWISE O P.C.P.=NAIL AND TAB STAMPED "PSM #5243" SET UNLESS NOTED. O LOT CORNERS MONUMENTED WITH A 1/2" IRON ROD, 18" LONG. AND CAP STAMPED "LB 4644". S LOT CORNERS MONUMENTED 14771-1 A 1" NAIL & TAB STAMPED "PSM 5243". ISHEET 2 OF 4 PREPARED BY: DAVID M. TAYLOR, PSM MASIEILER. MIXER & TAYLOR.INC. 1655 27th STREET, SUITE 2 VERO BEACH, FLORIDA 32960 772-564-8050 LICENSE BUSINESS NUMBER 4644 _DATE OF ORIGINAL PREPARATION: 9/26/18 39 POINTE WEST EAST VILLAGE, PHASE 2B PD BEING A REPLAT OF A PORTION OF PARCEL B OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE 1 PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. ABBREVIATIONS BM BENCH MARK CE CONSERVATION EASEMENT CH CHORD CM CONCRETE MONUMENT FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY I.RF.W.C.D. INDIAN RIVER FARMS 801ER CONTROL DISTRICT FD FOUND ID IDENRGICATON . IP ELEV NAS G NR ORB PBS PC PC PCC PI Pi PCP 800 POB IRON PIPE ELEVATION SURVEYOR'S NUMBER NORTH AMERICAN VERTICAL DATUM NON -RADIAL OFFICIAL RECORD BOO( PLAT BOON INDIAN RIVER COUNTY) PLAT BOOK ST. LUCIE COUNTY) PAGE PONT OF CURVATURE PONT OF COMPOUND CURVE POINT OF INTERSECTION PONT OF TANGENCY PERMANENT CONTROL POINT PERMANENT REFERENCE MONUMENT PONT OF BEGINNING LEGEND P.R.M.=1/2" IRON ROD AND CAP STAMPED PRM . PSM 5243 UNLESS NOTED OTHERWISE QUNLESS P.C.P.=NNOTEAIL ANDD. TAB STAMPED 'PSM 15243' SET O LOT CORNERS MONUMENTED W)TH A 1/2' IRON ROD. 18' LONG, AND CAP STAMPED 'LB 4644'. 0 LOT CORNERS MONUMENTED WITH A 1' NAIL & TAB STAMPED 'PSM 5243'. KEY MAP NOT TO SCALE J_L U 1,11,11d-ItLi 1 II III Sr1L I� 12119 mime Iflfll� _ PREPARED BY' DAVID M. TAYLOR, PSM MASTELI.ER MO & TAYLOR. INC. 1655 27th STREET, SUITE 2 VERO BEACH, FLORIDA 32960 772-564-8050 LICENSE BUSINESS NUMBER 4644 DATE OF ORIGINAL PREPARATION: 9/26/18 J _EAST VILLAGE_ SQUARE J1'TA9 •TRACT 9 SCAT F•1-30 DELSLORACUILSCALECE 13 EAST VILLAGE SQUARE 50' R/8 589'53'32'W 60.00' L4-1 TRACT I oI .IeI EAST VILLAGE SQUARE 50' 8/10 58953'321V 60.00' , 030 - POINTE WEST EAST VILLAGE PHASE 1, PD PB 22. PG 59 25.00. 8895 '32'E 1796 47' 10'J- 7:.2. 10' 82.00 78.00 79.00' �IS' 78.00' 147B.OD' a__ZB.OD_ 18.00- - 29.000 ...10 7' 10' I5� __, �__ur LLL10' IO R W u n 101 100 • � 99 F' i N 96 'H 97 96 w 95 I 1 94 n 93 P§ II0 0 0 25.00' -0a- - 78. -70a-d--78x0. �r 1 78.VO'- 78:00' - --78.110` �B.Ot)` X8:00` 78'00' An' aAcces„ ulvry r 589'53'32'16 556.46' la otirr 2 vavp EAST VILLAGE SQUARE S89'S3'32'W 1566 46' IR.lT91�3fPAAi4T 470.09 - 50'R/W -------�--- 825.00 --- ----- 589535221 265.00' S 9'55132' r S8933132'y� 2]000' 8951'31" 58953'32'16 j270.0(L. 11 J 30.00' _I WF LI ,- 60.00.;4 11 IJS.JO'� 'P' I- -120,0 �'- 1.2. 60,00'•, •_.495aa Y°'o r L� 110 .8,.9'. I a La L25 \ L29 98 a La i 227 I � 252 122 29 253 I o PLAT BOOK: PAGE: CFN: CLERK'S FILE NUMBER 1 o I 226 - L2 h ] .,,_.,_.r L. xim L1] q� I I 14 1( '� -1 I 1:P" 1 3 32 E 140.00 -T I^• 1- N89'53'321- 140 00 1 y a g 00953021 /40.001 o r48930 31 E 140.00 N89'S3 32 E 140.00 x895 1 I„ I I 1 e L-5-2 w (! 111 d 199 225 I I I o 228 0 8 x .�tin6 , S l UPS,! P '3 •. 9 �� I m N89'SJ'JYE 140.00 89'53'32"E 640.00'x'_li N9953'321 �895J'121 140.00' 251 254 EAg! F 4 G n.! P 10 I Mrs' ¢' a S a 1 al 10= I' 1 I "}`18953'321 140.00' I GALLERY LANE � �l II 140.00' 200 8 224 I� p II d 229 1 250 -S°.' r 7- 255 I 1 if �' Pm .= I$ � 0001 -N '3?'E-1140A0-�-' 'l-A-NB-9,63'3XE 1- L 1V8953'32'E 14000' `1� -7189 342-E 00-1-H '® 1 009'55 32 E 14 . 5 201 li 4 m zl n§ 230 IH I 249 1 223 4. 1 p eesoeTer N89'5.3521 140.01Y - IN89'5352140.OU 21 (1Y - 88955,2T 140.001 1 256 089'53521 140.00' �4'# 10 T N8953'52"E 140.00' 1 -8 I 814 o.8 I �r- I� .8 I 202222 > - �� 88953521 P -r$ 08933'321 204 203 c' IJQ 231 I m 248 $ 1 8951'32"E 140.00' �a U N89'SJ'J1'E 140.00{ N89'S3'321 140.00' $58953'321 140.00' "® - .Lcc���All 257 I Iet 140.001 0 ,N II 1 W I 221 (' Le 232 $ 247 W Les o 258 140.001 �s„§1 -I "I P o � :� EAS. 8953521 140.00' 4- N89'53'321 140.00 �J89'S332"E 140.00' U .I N8953'32"E¢140.00' ' I : - I bb a 1813: • 1.1_1_ 10r - I 220 233 246 2 259 o I uz ua 117 ue .� L16119 135700.- 60 00TJ5.00"- 135 OD- 60 00' 13500 265.00' S89'53'32 S89'53'3236 70.00 'S59'53'32'W 589535210 270. 89'5 '_00801 ¢cin „1131, ABERDEEN STREET ! 4 PRIVATE VW VARIES HA 6a« Aa669 PQINTE WEST EAST VVVILLAGE_2A_PO.._____ -PLAT BOOK -29, PAGE 83- •'-�� - _ _1T 1 I II IC 1 !- I Lu W lu LU Ln LOJ Line Ta51e UNE LENGTH DIRECTION LI S00' 06' 281 LS 600' Nes' 33' 321 L3 S00 Ile 281 3700 x89' 53' 321 L5 8570' SII' EV 86.73' DIE 23' N80 53. 321 ED 800 130 989' 53' 321 LII 500' 06' 281 L12 S89' 53' 32.16 LIJ SOP 06'N4 600' 6189' 53' 321 4,15 NOP W' 11.21 LIS 600' S89' 53' 32"8 N89' 53' 321 LID 500' 06' 465 L20 500' 06' 281 589' 53' 32.1 L21 8.00' SOO' 08' 341 Saw' L24 6365' NOB 441 L15 569' 53' 32"8 L. 84.45' 006' 51' 441 L27 589' 53' 32.16 ape 800' O8' 54.8 l29 600' 589' 53' 32.16 L30 900' 07' 011 .6 8552' 900' 06' 28'W L47 3100' L. 133.00' 4100' 06' 28"8 L49 84.51' 6100' 06' 18.1 L50 13300' SOO' 06' 281 L5I SOP 06' zeT Curve Table CURVE LENGTH RADNS DELTA CB 15.71' 09090'00" c9 490120.00• CII 15.71' GRAPHIC SCALE (aFELT ) I loch SHEET 3 OF 4 40 POINTE WEST EAST VILLAGE, PHASE 2B PD BEING A REPLAT OF A PORTION OF PARCEL B OF THE PLAT OF POINTE WEST EAST VILLAGE PHASE 1 PD AS RECORDED IN PLAT BOOK 22, PAGE 59, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 7, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. 11 KEY MAP NOT TO SCALE uJ li]1 Tom;17?7,-7/''7 1 S- E L • ABBREVIATIONS 61.1 BENCH MARK CE CONSERVATION EASEMENT CH CHORD CM CONCRETE MONUMENT FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY I.R.F.W.C.D. INDIAN RIDER FARMS WATER CONTROL DISTRICT FD FOUND ID IDENTIFICATION IP ELEV PLS NAW NR ORB P8 PB5 PC PC PCC PI Pr PCP PRM POB IRON PIPE ELEVATION SURVEYOR'S NUMBER NORTH AMERICAN VERTICAL DATUM NON -RADIAL OFFICIAL RECORD BOOK PLAT BOOK INDIAry RIVER COUNTY) PAGE BOOK ST. WCIE COUNtt) POINT OF CURVATURE POINT OF COMPOUND CURVE POINT OF INTERSECTION PONT OF TANGENCY PERMANENT CONTROL POINT PERMANENT REFERENCE MONUMENT POINT OF BEGINNING LIBe Table UNE / LENGTH DIRECTION LJI NO, 06' Teri 032 SSW 33' 32'W L34 SOO' 06' 16'E L. 29.12' 6189' 53' 32'E L36 64.71' 906' 04 13'6 537 85.15' SON' 04' IJ"W LJ6 10.83' N89' 53' 32'E 039 140 NST 53' IFS L41 M..00' S00' 06' 25'E L43 5.00' 5139. 53' 31'6 N69' S.1 32'E L. SOO' 06' 46-E L51 229.50' SOO 06 1ST Curve Table CURVE / LENGTH RADIUS DELTA CI 61.02' 60.00' 043,12'05- C1 26.90' 019'15'44' 3,75' 027131'013' C4 47.11' 090'00'00' CS 66.39' 090'00'00' 15.7x' 10.00' 090'10'00' C7 15.71' 090110'00 - CIO 15.71' 090130'00' PREPARED BY: DAVID M. TAYLOR, PSM MASTEU.ER. MOLEN & TAYLOR INC, 1655 27th STREET, SUITE 2 VERO BEACH, FLORIDA 32960 772-564-8050 LICENSE BUSINESS NUMBER 4644 DATE OF ORIGINAL PREPARATION: 9/26/18 DFTAII•TRACT 11 NORTH SCALF•1 -30' rrn/J0•TRACT 11 SOIJ1H Ct:AIEtW-30' EAST VILLAGE SQUARE 50' R/W S89'53'32"W 60.00' 274 L32 L34 L355 TRACfiTI L41 40 39 275 38 ft 76.00'20" 268 I L42 TRACT of 11 - 60.00' 589'53'32•W ABERDEEN STREET PRIVATE 0/4 VARIES 281 L44 45 - 78.00 I' I -15. 78.00' _ 78.00' 78.00' 25.00.0 g rA.cua X20 gO o H N T ., .. - N 92 N n U '"4 90 n • 89 88 o a, hep 91 �11� � 25.00' 11 76V0' X6.00` �I .i/� -/81,10`-78-00• -4 8:00' -713.00.-_,3- -78-00--78:'00-' --�f--764,1 / 58'53'32"1Y 1556.46' i L1125.66', R=80.00' 589'53'32"W 1566.46' EAST VILLAGE SQUARE _ _0HB=N45V6'28'w CN=11314_ r 825.00 ., % 50'R/W 271.46' d=090'00'00" S8953'32'W 270.00' 58953'32' 599'53'32'94,.265,00' S8953'3 236.46• 1-4.15,00-r LJ7 ►:,: 60.00' :Y:1 1---t3SAQ aP I- 130.00- C7 , C6 �JOAG' 106.16:- -� o 8 L40 I o o 1 274 `p L34 1 L3 I I T1. L38 �i 275 o '';`,',71,11..1= �8�I 289 T -E'8 305 444433 3 -In 6� E8 .®. FTI -, �Id N8953'32'E 140.00' "' 1389'53'32"E 136.46' � � �189'SJ'JYE 140.00' �'f "I I) T� 68953'32"E 140.001 �89'SJ'32'E 140.00' I T �I 'a '190 !! I R o Q W 273 I 1 x276 .8 287 6 a T° T Aa, 304 n W a e I E ff, P°� FN, I.. e -I 8 °w 1 6y� (/) I �" I089'53'JYE 140.00' L.° I � N895J'J2'E 140.001 '� X68953'3' owl -,i, , 08853'.500 140.00 89'53'32"E 136.46 'T I 8 I 272 1 -0;:3 277 IBJ I e I IF, W RIO IN8953'32'E 140.00• idb , 8 I, 6945,3'324' -II-4,9,9o'-1 -� T40953'32'E 140.00' 1� -3 .I¢.8I 271 U CQ 9 8 PLAT BOOK: PAGE: CFN: CLERK'S FILE NUMBER POINTE WEST EAST VILLAGE PHASE 1, PO PLAT BOOK 22, PAGE 59 N69534.?"E 179 .47' 00'20'- 78.00' 15' 78.0 ' 78.00 ,5,2!, 60.46 • m 86 85 84 POINT OF BEGINNING _380 01' 82 '5 1-\° N89'S332'E 180.01' CM FO PLS 13909 iab°1,1,4�P =5,7 81 18 N2655'40'E 30.00' 20'� N8953'32•E 150.48' N4611'24'E 30.00' 80 00' N8953'32"E 150.0 No 79 2 E 140.00 gZ ........ o ,a g 286 ,,1 1 291 303 p P i`21 ., zg 89-1432'E 1460 ' H189-643200- 434.461'. l5 �UM8& n 3,13200416061' ¢ P Vla �Z1a 292 SI- 302 �UIIS I N895332•E 140.001 '' 148953'32"E 135.46' I0 11' m a7 - "�' Y 285 y6 I_'IIp 278�ePI aWI R IN8953'32'E 140.00' 131 'T' N89'53'32"E 110.00 '�" IN89'53'J2'E 190.00' { c ~ 293 270 .5 . 279 a pI 284 ..,,,3______r41117,,,,1 a � 'cr1 - 89'53'32"E 140.00' {�,s 81:,1,.._ Q , N8953 .32-E /40.001 J (009'5332E 140.00 ,n o 269 O "1 I 280 a �I 283 ci I1 '`B°OO 05°'000155 " I 9 I I ¢I rc _,l_P_OINTE__WEST_EA -�--®. �- . �-� I.dV zzQ n II PLAT BOOK N89'S3'.p7 1��4g0.00 L of I n, N89'S3'32"E 140.000'1' IN895J'J2'E 140.00' ¢ axa .Tur rc >e 8 1 268 i2 ; '�^I I 2812 g 282 ) g _ 3 L43 Li_ L44 2 ti L- 151 '=A L45 3500' '05200`- 110 = 4 65 00' - 589'5332W 270.00 89'53'32"W S89'5J2'W 265.00' Z 1 I__ _______ ABERDEENSTREET _111_1_ ¢ I PRIVATE R/W VARIES 'd 01 11 I8 ng I o0 N89'53'32"E 150.01' 1 "� e I 301 5 ° 140.00' - I 1 136.46' LA".” I 589'53'3':W 376.46' �1 p m PAS "r29.00' n 77 j08953'32'E 1 - POINTE WEST EAST VILLAGE 2A- PD Z PLAT BOOK 29, PAGE 83 11 3 III GRAPHIC SCALE a ran )blob BO n T__ IVILLAGE_2A_PD47 9, PAGE 83 FRLNF 11 0.126. 4131. Pa n Jt- - r III 76 150.01' "zo' I$ 1 1'15' 589'53'32'W 150.01 S. mar g.mor. alk II arra;HaW4 Ld 151 '^I' II uT6aW 9,PAx69 I W II LEGEND App P.R.M.=1/2" IRON ROD AND CAP STAMPED PRM PSM 5243 UNLESS NOTED OTHERWISE P. C. P.=NAIL AND TAB STAMPED "PSM 15243" SET UNLESS NOTED. ® LOT CORNERS MONUMENTED WITH A 1/2' IRON ROD, 18" LONG, AND CAP STAMPED "LB 4644". • LOT CORNERS MONUMENTED WITH A 1" NAIL & TAB STAMPED "PSM 5243". SHEET 4 OF 4 41 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: June 7, 2019 SUBJECT: DKC Vero Beach Square, LLC's Request for Final PD Plan/Plat Approval for Vero Beach Square PD [PD -17-04-02 / 2007110117-82073] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. DESCRIPTION & CONDITIONS: Vero Beach Square is a commercial planned development (PD) project that consists of 5 commercial lots and a master stormwater management tract on 9.66 acres. The project site is located on the south side of SR 60 between the existing Applebee's restaurant and the existing Sonny's BBQ restaurant (see attachment 1), and is zoned PD, Planned Development. The subject fmal plat application is on file with the Planning Division. On August 10, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval for the Vero Beach Square PD. The applicant is now seeking final plat approval for the overall PD project, having obtained a land development permit and commenced construction on 3 of the 5 lots. At this time, the applicant has constructed 93% of the required subdivision improvements that serve the overall PD project, is proposing to "bond -out" for the remaining 7% of required subdivision improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the remaining required subdivision improvements; and 3. A Contract for Construction of remaining required subdivision improvements, with cash deposit and escrow agreement. The Board is now to consider granting final PD plan/plat approval for Vero Beach Square PD. 42 ANALYSIS: Most, but not all, of the required subdivision improvements for Vero Beach Square PD have been completed. As provided for under the LDRs applicable to this fmal plat application, the applicant is proposing to "bond -out" for the remaining 7% of required subdivision improvements (e.g. utilities, stormwater, and landscape). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining subdivision improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a cash deposit and escrow agreement with supporting security in the amount of $173,237.50 to guarantee construction of the remaining required subdivision improvements. All improvements within Vero Beach Square PD will be private, with the exception of certain utility facilities. Those utility facilities have been dedicated to and guaranteed to Indian River County via certificate of completion process for Phases 1 and 4.(the first 2 phases to be constructed within the overall project). All requirements of fmal plat approval for Vero Beach Square PD have been satisfied. RECOMMENDATION: Staff recommends that the Board grant fmal PD plan/plat approval for Vero Beach Square PD. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 43 33390400001009000006.0 33390400001006000001.0 000000000.2 33390400001010000001.0 )40003100000000 1.0 Subject Site Zoned PD 111 10000.2 44 VERO BEACH SQUARE PD BEING A REPLAT OF A PORTION OF TRACT 11, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. 4— _ _ BASS OF BEARINGS 589ZOV62- 200109' \ P. 0.0 w. x , 26522 001UauTFP 6®RM 108 135.60 RICNT 4 WAY UNE • 1STREET (STATE ROAD 60 - FDOT SECTION 88060-25119 EA5T-11EST 24 6ECIICN UNE NORTH LNE TRACT 11 5401297112 52820401 032'406 4182 2800' SB.BY PRP PRM PRM (ADDITIONAL RDW PER ORB 3110. PO w6T NO03R'14 - II.If6f 9'{0 'E 2151 P.O.B. ELEVATON_20.31''• NAW BB ' . LAM USE: C/I • 20NINR CL C 35' DRIVEWAY EASEMENT ORB 1061 PC PC 1218 25' LANDSCAPE 150.92' EASEMENT 6047 #691000'W 21.35' S LOT 2 0.99 ACRES 43.289 SQUARE FEET o 6171' _500'41'31'76 4276' 8010 � N691e'ze•w ° LOT3 1.24 ACRES 54.063 SOUARE FEET 56910'201 11.77 SD0'41.31'W 27.17 180.85' S691Bke'E 44140' • LOT 1 2.06 ACRES 89,830 SOUARE FEET PLAT BOOK PAGE 1—F'FNEr..CLERK'S FILE NUMBER (CFN) 108 LI TN RIGHT OF WAY UNE 56Y1d46•E 320.27 3p D PRN - 5'Bl'1L57 uo (0 LANDSCAPE EASEMENT 220.20 100.01' 6N.5) .�Bro. DEDICATED BY MS PLATT SY-1- 16097 LOT 4 2.18 ACRES 95,084 SQUARE FEET ELEVATION188.3' I rom t • 0 N691029'W 2075 O 4267' C 7256' p 4167 58916'26'6 116.44' LOT 5 0.86 ACRES 37.376 SQUARE FEET 1,2 STORMWATER MANAGEMENT TRACT 2.23 ACRES 97,136 SOUARE FEET DA 45 :leu. 0-11 G0,4 6g4S.0 8N61; • LAN0 USE CP ZONING: PD 68910291 391.04' STORMWATER MANAGEMENT TRACT <0, CO 0L AIERCANAL PRY D� Cry PRY Ptt(W.D 471' DMD 178102181 VARIER - A.S30C IB 203' • PIR DK 9121 LEGEND OF SYMBOLS O - PRM 4•N' CONCRETE MONUMENT WMTH DISC STAMPED IOTA IB 695 PRM' OR 5/6' IRON R00 WITH ALUMINIUM ALLOY CAP STAMPED 'TNA IB 696 PRM•.AS NOTED O - 5/8' IRON ROD AND CAP STAMPED 'NIU LB 686' ABBREVIATIONS WO EAST CONCRETEMon FLORIDA POWER nuc ca.PA,w IR IMO ROD IRO IRON ROD AND OAP IPS NOTED) LENGTH OGENSED BUSINESS• NORTH OFFICIAL RECORDS.% PLAT SOCK PG PAGE PK • PARKER KALON PLS • PROFESSIONAL UND SURVEYOR P.O.B. POINT OE BEGINNING POO POMO OF COMMENCEMENT PRIA PERMANENT REFERENCE MONUMENT PSM PROFESSIONAL AT SURVEYOR DMAPPER AN „�TED ...KSROW SOTTITA SEC SECTION SO , SQUARE FEET Yi WEST NORTH AMERIGN VERTICAL DATUM OF 19m NOTE SEE 5116E16 1. 5 G 5 OF 6 FCB COSTING EASEMENTS THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC E.C. DEMETER P.S.M. 5178, STATE OF FLORIDA 446 24TH STREET. SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 ON MAY 31, 2018 SHEET 3 OF 6 45 VERO BEACH SQUARE PD BEING A REPLAT OF A PORTION OF TRACT 11, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. BASIS OF 00201205 56920960' 1GA20P. a RICHT GE WAY LME 20th STREET (STATE ROAD 60 - FDOT SECI7ON 88060-25259 EAST -WEST 71 SEC11012 UNE 6.61' 540'1974'2' 20' SEWER AND WATER EASEMENT PER ORB 1043, PG 2471 0• SEWER EASEMENT PER ORB 1020. PG 2205 10' SANITARY SEVER EASEMENT SEMENT E PER 1 G 2205 ME 9 L40.1V, OFOEWAY EASEMENT ORB 1004, G 1210 14. R IIT A ISNC onAUM (MOTIONAL ROW PER ORB 41(0. PC 425) NOR1N LME TRACT 11 0N1 07 WAY U r 105. LOT 2 0.99 ACRES 43.289 SQUARE FEET $00•41161010 0-0 LOT 3 1.24 ACRES 54,063 SQUARE FEET fl 15204' PR" 22 L. LOT 4 2.18 ACRES 95,084 SQUARE FEET R 00(41.30.E 0.5•4 59018'292 287.17 L55918292 127.06' �N 147 >I ACCESS EASEMENT PER CRB 3110 PC 933 CCE$ EASEMENT PER —T .�2 _ L N691e'29'W 306.86' BAs PG es — 1 �9' .�%� N891829^e 22.18— 9 ff�Y 0-0 30' NOON'22'E' 361e•� NE ACT CORNER NO CORNER FOUND PRM 075'40'34t 73 37.14 A Y' LOT 5 9.86 ACRES 37,376 SQUARE FEET O J „too.' 1A+M1' LOT 1 2.06 ACRES 89.830 SQUARE FEET PRM 10' SEWER'ANO WATER EASEMENT PER ORB 193, PG 2471 STORMWATER MANAGEMENT TRACT O STORMWATER MANAGEMENT TRACT 2.23 ACRES 97,136 SQUARE FEET A` NN SUVDY221f 22.70• LS75,16'34'11/ 14.53' C PLAT BOOK PAGE CLERK'S FILE NUMBER (CFN) 25' DRAINAGE EASEMENT PER ORB 197, PG 315 ORB 199, PD 820 • PRN 440 4744 010 STARRED WRIER ASSOC IB 20.6' LEGEND OF SYMBOLS ▪ - PRN CONCRETE MONUMENT MTN DISC STAMPED 'HNA LB 095 PRM' OR 5/6' IRON FDD MTN ALUMINIUM ALLOT CAP STAMPED 1010 LB 505 PRW.AS NOTED O - 5/5' IRON ROD 1110 CAP STAMPED 'RNA LB 596' ABBREVIATIONS TAO =CRETE MONUMENT DISK FPL FLORIDA POWER UGHT COMPANY IR IRON ROO IRC IRON ROO AND CAP LENGTH BUSINESS ASNm001 LB LICENSED NORTN ORB OFFICIAL RECORD BOON PAGE PX .PARKER KALOV PLS • PROFESSIONAL LAND POINT OF COMMENCEMENTSURVEYOR v. PERMANENT REFERENCE MONUMENT. NOTED MP PROPROFESSION. SURVEYOR AND MAPPER Row SEC SECTION SO SOUARE FEET WEST vO NI NORTH AMERICAN VERTICAL OA TUM OF IOW 15' WATER AND SEWER EASEMENT PER ORB 1157. PG 2761 AT&T 6 INGRESS/EGRESS EASEMENT1 /..1u60 69' 2V 4015 • 319 _-.112. ROO 39' 142 I 569' 20' 462 SW 'a. 2691, I SOV 39' 1660 9 1 6 y59 5' 39' 74.W 20.9 NOV 39' 14'E.._I I.SOV 39' 14'2' '060 . J 1600 AT&T 101017 EQUIPMENT EASE T 1600 M'2' 4DS 1 AT&T EASEMENT DETAIL ORB 311'66,20P01484 EXISTING EASEMENTS SHEET FOR AT&T EASEMENT .AND ACCESS EASEMENT THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC E.C. DEMETER P.S.M. 5178, STATE OF FLORIDA 445 24TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 I SHEET 4 OF 6 44 VERO BEACH SQUARE PD BEING A REPLAT OF A PORTION OF TRACT 11, SECTION 4, TOWNSHIP 33 SOUTH. RANGE 39 EAST, LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. BASS OF BEARINGS Se920960. 2OR20P• SG0,P74w X00•-\ 20' SEWER AND WATER EASEMENT PER ORB 1043. PC 2471 10' SEWER NT PER ORB 1020.0. PC PC 2205 15 SANITARY ASEMENT PER SEWER08 10 0. 2PC 205 AWN Al I `aL Y� 25• 9.29.E 10.00 1 r - 900191440 33.98\�T 1 a SJ906 67 X690. 14'00 1138' `I /S0039Y{'W 3596' 900'9'14'E 13.39' J 9.29.E 13n1Y J L 5991529.E 21194' 4I 59919'291 Mcy�� RI 19oo•J9YW% 14Y/ B'25 160415' F �ORB�11T53R 991529'0 10.00 el PAGE 2376 I LOT 3 LOT 2 1.24 ACRES 1.1 0.99 ACRES 54,063 SQUARE FEET 43.269 SQUARE FEET PRY RIGHT OF WAY UNE 20th S7RF.ET (STATE ROAD 60-FDOTSECTION 88060-2520 EAST -WEST A 5ECRO1 UNE NORTH UNE TRACT 11 /ORB 3110, PC 94 ( 69 PRY SOUTH RIGHT OF WAY UNE PRY 1046.E 10.od WATER EASEMENT PER ORB 1153. PACE 2376 0 59915291 1270. x00'39'141 98910•25.W 1273/_ 110019'141 4274'_ b 749015291 51.10 $ LOT 4 LOT 5 2.18 ACRES 0.86 ACRES 95.084 SQUARE FEET 37.376 M630141 31.1T SQUARE FEET 9'291 lata 014'W 31.17 5291 57.75 II fl uD L__1_~ L__ __ �D'i iD mi.1/Sar301610 3n4z J L �I ILL4J L_Le JI LS9915281 7n110pyy06 11991525W 91.45, F., L14 X99152917.19115 "c-itee. I3I.1V o -500-al4'W 40.39 f lip JnlC 1160102970 206.94 1 It 7�0 90535141 16.,2'; x691929'0 7596 / 1 30 PROP T 35 DRIVEWAY EASEMENT ORB 1084,(WATER) PG 1219 EASEMENT` ER 53151.05E 10.00▪ .---1."::‘, � eD5551 69.93.' DRB 2268 N5908'5500 110019141 LOT 1 06116'250 260.90 \ 0'2210 10.00'-/10.00'-/\ 2.06 ACRES FEET 89,830 SQUARE 45535470 18.33. 0129'W 21.00' 1201 10.00 43.95 5991525E 274.51' \�,\ /5X15291 29.17 a�al9 L1 L1 4 STORMWATER MANAGEMENT TRACT 2.23 ACRES 97,136 SQUARE FEET 191' 0.2 tqo 70.05 M PRM / l0' SEWERAND WATER EASEMENT / PER ORB 1043. PC 2471 colosol, /4,,oltoof ossew D 10 --d 6 .441 N.E. CORNER -TRACT H OcII FOUND 1000 • 15 WATER AND SEWER EASEMENT PER ORB 1157. PG 2761 PLAT BOOK PAGE CLERK'S FILE NUMBER (CFN) 25' DRAINAGE EASEMENT PER ORB 197. PG 315 ORB 199. PC 626 LEGEND OF SYMBOLS O -4' CONCRETE MONUMENT WITH MSC STAMPED 1010 LB 696 PRM' OR 5/5 IRON ROD WITH ALUMINIUM ALLAY CAP STAMPED IOAA 1.9 696 PRM'.AS NOTED O - 5/5 IRON ROD AND CAP STAMPED 10. LB 690' ABBREVIATIONS Sro EN 60 N IR IRON ROD IRO IRON Rao AND CAPIAS NOTED) lg. NORTH SEED PADRE. RDeoo6 Pe PLAT DOCK PG PAGE PK PAMPA KALON • PRS PROFESSIONAL RAND SURVEYOR P.O.0 POINT P. OF NOMMENCEMENT TREFERENCE MaruMEHI NOTED P. PROFESSIONAL SURVEYOR AND MAPPERSEC ROW RIGHTPWW. SO FT SOUARE SECTION FEET WEST . ED NORTH AMERICAN VERTICAL DATIJAI OF MSS PRM MILOaxe MO STAMPED WINER 4DG IB 8021 200. WE ODLE LOP 041.2 USE 9 DISTAPITE LI NOP .10. 142 1111.64 LII SCP ST. VCR sew 16. 2rs MOP saw 11S SPE RCP SW Is, LIT N w aW let attar saw b at WSW 14 ESTE 10.00. NOP 142 LIS NOP it SON Lle APT .34' 142 LT 30. 41 a1ee5 LIT SSP 114 at 1¢99' Sew+4 at 37.111. LIS N m 3r 141 Pow LP 142 LIO Par 14 ZIP LIO seer l0. at ICLOCI LEO • I4 TIN WATER EASEMENT LINE TABLE N .s. EXISTING EASEMENTS SHEET FOR WATER EASEMENTS THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC E.C. DEMETER P.S.M. 5179. STATE OF FLORIDA 445 24TH STREET, SURE 200 VERO BEACH, FLORIDA 32960 LB 696 SHEET5OF6 47 VERO BEACH SQUARE PD BEING A REPLAT OF A PORTION OF TRACT 11, SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA. BASIS OF BEARINGS 58000.462- .05209' 500!07411' 5606• _ _ 20' SEWER AND WATER EAS04ENT PER ORB 1043. PG 2471 15 SEWER EASEMENT PER ORB 1020, PC 2205 15 SANITARY SEWER EASEMENT PER ORB 1020, PG 2205 ut:AA hER ti RICHT OF WAY ULE 20th STREET (STATEROAD 60 - FDOTSECT ION 88060-2529 EAST -WEST A 5401104 LINE NOR111 UNE TRACT 11 (ADMWONAL ROW PER ORB 3110. PC 946) 0-0 LbE 6.35 5.79510.4 u55• LOT 2 0.99 ACRES 569".."- 665' 43.289 \ \ 50598E FEET \\ \\-5.463.439.E 124.06' 0169339.9 121.20-\0 \\ ` 0 757.4. 35 DRIVEWAY EASEMENT ORB 1064• PG 1218 O LOT 3 1.24 ACRES 54,063 SQUARE FEET N000514 E 2.50 51 586'291 227.61 U1N RICHT OF WAY U LOT 4 2.18 ACRES 95.084 SQUARE FEET 5111111. (MEP) EASEMENT PER ORB 3199, PC 2255 • 56516"291 21679' --r---- _MAY W3515255233.21' N6915255 MAW T. T LOT 1 2.06 ACRES 89,830 SQUARE FEET STORMWATER MANAGEMENT TRACT 000311.9 2.65 16) 0 O 105 E CORNER CTRACT 11 NO CORNER FOUND 1 35 PRV 0-0 LOT 5 0.86 ACRES 37.376 SOUARE FEET -1500. 1.31•W 10.00 STORMWATER MANAGEMENT TRACT 2.23 ACRES 97,136 SQUARE FEET 15 WATER AND SEWER EASEMENT PER ORB 1153. PC 2378 PLAT BOOK PAGE CLERK'S FILE NUMBER (CFN) 25• DRAINAGE EASEMENT PER ORB 197. PG 315 ORR 198, PG 626 PRM MUM 4x4. 090 STAMPED WRYER ASSOC LB 206• Ci\ 091 10' SEWER AND WATER EASEMENT . PER DRB 1043. PC 2171 LEGEND OF SYMBOLS 5 _ PNN4• CONCRETE MONUMENT 5719 MSC STAMPED 104 LB 595 PRM• OR 3,0. MON RCO 05111 ALUMINIUM 24.07 CAP TAMPED INA L6 696 PRY'. AS NOTED O 5/B• IRON ROD AMO CAP STAMPED 'KIM LB 695• . ABBREVIATIONS .0 CONCRETE MONUMENT 5. DM( IR IRON ROD MC IRON ROO AND CAP (AS NOTED LENGTH NORTH ORB OFFICIAL RECORD BOOK PB PUT BOOK PG PAGE PK PARKER SALON PLS OROFESSIONAL UND SURVEYOR POINT OF COMMENCEMENT PERMANENT REFERENCE MONUMENT •• NOTED ROW RIGHFOFWAY SOUTH :EC SECTION SO FT SQUARE FEET NAVO CZ NORM AMERICAN VERTICAL DATUM OF IWO 15 WATER AND SEWER EASEMENT PER ORB 1157. PG 2761 EXISTING EASEMENTS SHEET FOR SEWER EASEMENT. AND WATER AND SEWER EASEMENT A THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC E.C. DEMETER P.S.M. 5179. STATE OF FLORIDA 445 24TH STREET, SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 I SHEET6OF6 4N CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 6/7/2019 RE: Primax Properties, LLC's Request for Release of Easements at 10735 County Road 512 (Vero Lake Estates Subdivision Unit H-4, Block C) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of June 18, 2019. DESCRIPTION AND CONDITIONS The County has been petitioned by Primax Properties LLC, on behalf of RO-ED Corporation, owner of two adjacent parcels at 10735 County Road 512, for release of common rear yard drainage and utility easements on combined platted vacant lots comprising the two parcels. The purpose of the easements release request is to allow for commercial development of the combined lots and parcels as one development site (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easements, under the condition that the lots currently served by the easements be consolidated into one development parcel prior to the release becoming effective. Subject to that condition, it is staff's position that the requested release of easements would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the common rear yard drainage and utility easements described in the resolution, conditioned upon the lots currently served by the easements being consolidated into one development parcel prior to the release becoming effective: 49 Primax Properties, LLC Release of Easements Page 2 ATTACHMENTS 1. Map depicting easements proposed for release. 2. Proposed County Resolution Releasing Easements. ease.bccinemo prof./appl. no. 2019020019/83816 50 Map of Easements Sketch of Block C, Vero Lake Estates Unit H-4, Plat Book 6 Page 31 I .10' N. N ' 40.00' La O 0 iW — Lsi vs 'Z 11?4 I2 o Ti— o w I�,p'4' Z Io 1- � I y 1 1 I COUNTY ROAD -512 (FELLSMERE ROAD) FDOT MAP SECTION 88081-2403 ADDITIONAL RIGHT -OF -W 0.R.B. 2 0, PAGE 521 T Y 35' 1NGRES & EGRESS EA''a1ENT O.R.B. 2313, PG. 1827 LOTI 12 LOT 13 LOT 1 BLOCK VERO. LAKE ESTA • UNIT H-4 PLAT BOOK 6, 'AGE 31 20.00' BLOCK C VERO LAKE ESTATES UNIT H-4 PLAT BOOK 6, PAGE 31 67.00' LOT 13 LOT 1 FOR 1 8 AVENUE 60.00' ' 'o PER O.R.:. 97. PAGE 326 , - LOT 11 LOT 2 O.R.B. *14, :PG. 1369 LOT 10 LOT 3 50' ADD1TM AL RIGHT-OF-WAY FOR 1 81H AVENUE PER O.R. 9. i,297, PAGE 329 LESS AND EXCEPT PARCEL 1O.R.B. 2313, Pa 1816 LOT4 LOT 9 LOT 8 LOT 5 10' UR11REs .& 0RA1NAGE EASEMENT TO REMAIN 10' U1C/RF.S B ORA7 AGE EASE:UWE TO REMAIN LOT 7 LOT '6 424% N �i LOT 11 LOT 10 LOT 9 v LOT 2 a,. M OT . DIUIVAGE EA5S7 WT w �, j m BE RELEASED p w� W 406 LOT 3 ¢4911 z �Wo O 0 0] O �z� Ym %'� SUBJECT pI\ co! C RELEASE ft o 4 LOT 4 LOT 8 10' URU71ES de • ORAINAGE EASIEM0NT TO BE REIPAS0 LOT 5 60.00 LOT 7 LOT 6 94TH STREET 51 RESOLUTION NO. 2019 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONDITIONALLY RELEASING CERTAIN EASEMENTS IN BLOCK C, VERO LAKE ESTATES UNIT H-4 WHEREAS, Indian River County has an interest in rear yard drainage and utility easements on lots in Block C of Vero Lake Estates Subdivision Unit H-4; and WHEREAS, RO-ED CORP, the owner of the property, has made application to Indian River County requesting that the County release the easements; and WHEREAS, the retention of the easements, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easements, conditioned upon the described lots being consolidated into one development parcel prior to this release becoming effective: The east ten (10) feet of Lots 7-11, inclusive, the west ten (10) feet of Lots 2-6, inclusive, the south ten (10) feet of Lots 1 and 13, and the south ten (10) feet of the east sixty seven (67) feet of Lot 12, Block C, Vero Lake Estates Unit H-4, according to the plat thereof as recorded in Plat Book 6, Page 31, of the Public Records of Indian River County, Florida. This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing: address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2019, by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter O'Bryan Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of , 2019 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 52 RESOLUTION NO. 2019 - APPROVED AS TO LEGAL FORM: County. Attorney ease.bccdoc proj/apl. no. 2019020019/83816 Cc: Applicant: RO-ED CORP PO BOX 610727 N MAIMI, FL 33161 53 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM:. John W. McCoy, AICP; Chief, Current Development DATE: June 7, 2019 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for Magnolia Court at Waterway Village PODs H, I, & J [PD -17-11-08 / 2004010124-83767] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. DESCRIPTION & CONDITIONS: The Magnolia Court at Waterway Village PODs H, I, & J is a phase within the Waterway Village planned development project and consists of 76 lots on 25.96 acres. It is located adjacent to and on both sides of 515` Court immediately south of 53rd Street. The property is zoned PD (Planned. Development), has an L-2 (Low Density 2 up to 6 units per acre) land use designation, and will have a density of 2.93 units per acre. The subject final plat application is on file with the Planning Division. On November 9, 2017, the Planning & Zoning Commission granted preliminary PD plan/plat approval. for Magnolia Court at Waterway Village PODs H, I, & J. The applicant is now seeking fmal plat approval for PODs H, I, & J, having obtained a land development permit and commenced construction of the project. At this time, the applicant has built 75.51% of the required improvements that serve the PODs H, I, & J area, is proposing to "bond -out" for the remaining 24.49% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $777,565.63 The Board is now to consider granting final plat approval for Magnolia Court at Waterway Village PODs H, I, & J. 54 ANALYSIS: Some, but not all, of the required improvements for Magnolia Court at Waterway Village PODs H, I, & .J have been completed. As provided for under the LDRs applicable to this fmal plat application, the applicant is proposing to "bond -out" for the remaining 24.49% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. All improvements within Magnolia Court at Waterway Village PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant fmal plat approval for Magnolia Court at Waterway Village PODs H, I, & J. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 55 0 �`t��iltlhlllQt[Ittltl�/�t� At ;0 - I'M N. IA %Illllll[mi N. L /illlN1111= :, MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA P.O.B. POD H N.E. CORNER OF TRACT •057' PB 23, PG 27 WOVE 51256 / b Y k n 1 I 0 1 (awn Twa PE 2187 HAWK'S WAY TRACT ® (aRsRMI6 PG 219.) CD TRACT CD CD 9.r Xm?21T 23502 t. • .n u,v n /..__ 0.704' 2.8596N40' 1.12928 0419627 4-44451210 ISLES OF WATERWAY VILLAGE PD - PLAT 10 PB 23. PG 27 CD I.... xePaTrlw 2536 R-70.02 .620240 L.RII' , owe 3Y 8X8'4'441 • 14163.00. 31 CB -11' 1^!0.20 (39636 0411.8.76 77.2006 4.85570 3131.7E1 04134314-X4050.201 nn (ORB. 219.) NOT A PART OF THIS PLAT \\• `�_./) 11� II, 11 4"`R Or 2291. Rh, 39 ..MEW COROT BB ier THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SURE 200 VERO BEACH, FLORIDA 32960 LB 696 ON JANUARY 30, 2019 NORTH RELIEF CANAL 53RD STREET 1 77521PUBLCDRAVI I 06 5 4 5ffig2TE 9.370' • TRACT 34 TRAM CS IDAa Rva vn) PLAT BOOK PAGE CFN CLERK'S FILE NUMBER 412.92 (0.11.0. 5421 PO. BIN) (RESERVED FOR FUTURE DEVELOPMENT) GED GD aD aD TRACT ..C4. S 77.15554 2604363?1.-19601 1, 4.79666 4•1,1212242-N P.O.B. P4.1•J • ROOMIEST CORNER I' LANES AT ,4 VILLAGE PD - PLAT 29-1 2A-1 I PB 26. PG 23 EL. 2242' NAVD B6 (BASS OF IRAm_ I 4.2500' 4.437-3211L-311.78 021154 4.1600000 77.5430' 04117441 L.1672 0411630 4-W 13_'469 TRACT TRACT ' S412F0 079M^J78 2210 70 TRACT 'CS RE4RVEFOR R FUWRE DEVELOPMENT OF AMENITY LATER) T rRgTT IRON STREET cap CAD eD GO aD IBIS ROAD D D A TRACT JASPER SQUARE TRACT ,C10. GD CED co TRACT GAJ QED cm GD CED OD GO GD CEO CBD CED TRACT Ctt• JASPER SQUARE *wire. 7430 0 CffD 8-254' 2.47101/ 1.490 4-3631 4.453140.0 37 =- _-R.tzw3oO1'�'°e-DNzxYrr 1 ! 77.9602 e.m01-31.10. `�^� "WA -•-T .ER AYVI'LAGE PLACE OF1141 ®4X030560 R41.06 2.9141141• In2'J6Y ._.) 041251! OR.N653{'5n • LANES AT WATERWAY .-0_... R.44W 2.01TN!11. 4 w P.B. CE PD -PUT 370-7:7415500 d4RCUi1410TV .6.. zil PDS. 25-55 _ - 36412174. o-ssn4mw 111 I II I II CD CED OID REVISION DATE BY INCUR RIVER ODOR, COMIAENTS 0108/2019 INDIAN RIVER COUNTY COMMENTS 04110/2019 INDIAN RIVER COUNTY COMMENTS 050042019 GRAPHIC SCALE IN FEET 75 MIIS OF S NAT 1411147 4.092496 1'776!0 " 0 � 00796714.5423 51 \/ / \ \ M964' 3-080323,E4379' \ Gasmorw \ pwtY 721 \ STY9l TIT ISLES AT WATERVVAY FIATE w ZONING: PD 1 NORTH RELIEF CANAL YI'iR96Y ENE 8AR*.$W I�J _ : P LAKES AT WATERWAY VILLAGE RD PLAT 2.1 LAND USE,2 ZONING: PD !AXES AT WATERWAY VILLAGE RODS 49TH STS VILLAGE RD KEY MAP JFOE D OF 8Th OJ.8 PLAT BOUNDARY PARCEL LINE EASEMENT LINE - - ROAD CENTER LINE SECTION UNE �• •� MATCH LINE ® LOT NUMBER _ PRM, 424 CMD OR IRC STAMPED 'PRM KHA LB 698 OR A5 NOTED 'CB CCR CD CMD D.E. LA.E. LB N.R. ORB P.B. PC PRC PRC PCP P PI P.O.B. PTS RAD. RPE RP RAN 500 SEC TVP IRC EL.= NAVD BS U.E. UE. PCP. NAIL AND DISC STAMPED' 'PCP KHA LB 696' LOT CORNER DELTA (CENTRAL ANGLE) C CERTIFIED CORNER RECORD CHORD DISTANCE CONCRETE MONUMENT AND DISK DRAINAGE EASEMENT ARC LENGTH LIMITED ACCESS EASEMENT LICENSED BUSINESS NON -RADIAL OFFICIAL RECORDS BOOK . PLAT BOOK POINT OF CURVATURE. POINT OF COMPOUND CURVATURE POINT OF REVERSE CURVATURE PERMANENT CONTROL POINT PAGE POINT OF INTERSECTION POINT OF BEGINNING PERMANENT REFERENCE MONUMENT POINT OF TANGENCY RADIUS RADIAL RANGE . RADIUS POINT RIGHT-0F.WAY SECTION TOWNSHIP ' IRON ROD WITH CAP ELEVATION NORTH AMERICAN VERTICAL DATUM OF 1966 UTILITY EASEMENT WATER AND SEWER EASEMENT SHEET 3 OF 8 • 57 MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA r 7 7 3 784 2 23,3, PGC 30 L LIMITS C€ THIS PUT P.O.B. POD H N.E. CORNER OF TRACT -0S7' EXISTING 53RD STREET (750' RIOT 7957, PG 479) euv7Sf 9219 LIMITS OP THIS PUT k 02,302121 01219 07 "02.02206 6.07910.00. 0rec 57 6m127•t 2979 302'79 SST4r2?E max HAWKS WAY (SO' PRIVATE RM!) TRACT •C2„ 13019 TRACT 2O3 PS 23, P 0 E nom- ---52.91--} 0•00W tr0311Y11• L-2232' T 72-2209 690120'0011 795020210 (RAO) S]r 7d-1_ R9'4721N 22107 UNITS Cr THIS PUT ISLES OF WATERWAY VILLAGE PD - PLAT 1C PB 23, PG 27-41 10 L¢ r r" 1 127A7- TRACT "C1" TRACT 0.2107 020000707 6-213, �9 t 52.07 N0Y0r2Y0 CO 15207 05701270 S441eSY7 15207 89741270 THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC 445 24TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON JANUARY 30, 2019 1 I L .ccetr 1.731' 13125 M9Yr0r0 cD or - R-7607 73-n 50051' 03052352r 0B-X00`dTSM sS\ '4� SPS q� 165501123 y • 0-2107 .0861112" 437.75 - 71303421 8004*0901* PLAT BOOK PAGE CFN CLERK'S FILE NUMBER 1 f5APMC 5042,E 747117 Imo h cs1 c, t-••4 MATCHLINE \ (SEESHEET8) ISLES AT PUT IC UNE/ USE! LG ZONING! PO . NORTH RELIEF CANAL xruay M El1!'4—:11 PO PODS LLAG ZONING PD WO USE AVF4) ANEs AT WATERWAY VILLAGE PD PLAT 2A.1UND USE. LGZONING PD LAKES AT WATERWAY VILLAGE PODS LAKES AT POD 3RE Po 40TH S0 0 KEY MAP L C OF BYLBOLB PLAT BOUNDARY PARCEL LINE EASEMENT LINE ROAD CENTER LINE SECTION LINE �.. �..� MATCH LINE LOT NUMBER PRM. 404 CMD OR IRC STAMPED • 'PRM KHA LB 086' OR AS NOTED PCP, NAIL AND DISC STAMPED' 'PCP KHA LB 086' LOT CORNER NIEFELIADME CB CCR CD CMD D.E. LA.E. LBB N R. ORB P.B. PC PCC PCP PCP P PI P.O.B. PRM PT RAD. RPE RP SEC SEC TRP IRC EL. NAVDB6 DELTA (CENTRAL ANGLE) CHORD BEARING CERTIFIED CORNER RECORD CHORD DISTANCE CONCRETE MONUMENT AND DISK DRAINAGE EASEMENT ARC LENGTH LIMITED ACCESS EASEMENT LICENSED BUSINESS 'NON -RADIAL OFFICIAL RECORDS BOOK PUT BOOK POINT OF CURVATURE POINT OF COMPOUND CURVATURE POINT OF REVERSE CURVATURE PERMANENT CONTROL POINT PAGE POINT OF INTERSECTION POINT OF BEGINNING PERMANENT REFERENCE MONUMENT POINT OF TANGENCY RADIUS RADIAL RANGE . RADIUS POINT RIGHT-OF-WAY SECTION TOWNSHIP IRON ROD WITH CAP ELEVATION NORTH AMERICAN VERTICAL DATUM OF 1088 UTILITY EASEMENT WATER AND SEWER EASEMENT REVISION DATE BY INDIAN RIVER COUNTY COMMENTS 03/0.2010 INDIAN RIVER COUNT' COMMENTS 04110.2019 MJP INDIAN RIVER COUNTY COMMENTS MJP 1 SHEET 4 OF 8 MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) PLAT BOOK BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY. FLORIDA, PAGE AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA NUL ! 016C STAMPED -RPM KHA LB 696' BENCHMARK E.., 23.LLe NA VD eb EXISTING 53RD STREET (150' RAV (GR.& 1937, PG 479) 59740210 99.16 UNITS OF RuT-N, TRACT "C3" 5910.210 mem. TRACT "C3" 8.1154.00. •14410 1„IV.11.773s' 2.200 • 0.01213/ R 1111 WOW/ 2( r, l 1-46116 g - tr,101.0a __ 99964” TRACT "C4" ---� 2ESOP 1 2.0,1/1174614K0Y72T1 0. __ N20 0.1065631'203 5ng1CBe Clu 1 44244891• L.2050 M �.SYRACT IBISA ROAD _ n -a mus - 1 PL J SD'PRIVATER N) $P TRACT IF124.ap e. .,90' 4.13404 4• FTE m .. "382• a,.13Ns1• mF11,49t 1 7 1291' me56u* - 9511" ^'" 1 5 b 1 1 tE 6.299• .L TRACT 2.11699''1 `I 1 L•${_ II mau41114 b- S 1nuH• I 2 L." TRACT a 1; 1 I I 1 } z^c6* M6nrveE mos MATCHLINE II • �• (SEE SHEET B) II 0.961351 MATCHLINE , 1.2,1 (SEE SHEET 8) F 31690 TRACT COM" (RESERVED FOR FUTURE DEVELOPMENT) I.12410. 0.98.4.0' L.4*91 91.4941 98.38116165 6914110E 4600 1• 594521E 61D0 CFN CLERKS FILE NUMBER GRAPHIC SCALE M FEET 0 15 30 el B JASPER SQUARE A (50 PRIVATE RAN) P�ReoNirY1 6)10 13 TRACT R2" 44599727E 221, N-aL te' 0 e G 1 . 8231.1.40 208.41 601112011 551412YE 31051 05 . TRACT "C9" THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC 445 24TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON JANUARY 30. 2019 TRACT "AC" (RESERVED FOR FUTURE DEVELOPMENT OF AMENITY CENTER) 99141210 2861 MATCHLINE (SEE SHEET 8) 05 r-' 06 9449 " Ia1124 .69,33' W zm Li LD 2 VIS NORTH RELIEF CANAL I.FS AT wATERwAY 20NINO: PP IcrOna ILIPJ Aft IUREs AT WATERWAY VILLAGE PO PLAT 2A -I LAND VSE: L-2 ZONING: ED UNES AT ATERWVI PO A T PODS OE gg.g7Po IAKES AT V.L•OE PODS LAXES AT WATERWAY VILUGE PO P00 3R 9910 S KEY MAP 1E4FT 3 OF SYA6018 PLAT BOUNDARY PARCEL LINE EASEMENT LINE ROAD CENTER LINE SECTION LINE • MATCH LINE ® LOT NUMBER PRM, 484 CMD OR IRC STAMPED • 'PRM KHA LB 696 OR AS NOTED • PCP, NAIL AND DISC STAMPED' 'PCP KHA LB Mr LOT CORNER BEE I MOOD (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT ARC LENGTH LA.E. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS NR. NON -RADIAL ORB OFFICIAL RECORDS BOOK P.B. , PLAT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PO. PAGE PI POINT OF INTERSECTION P.O.B. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS RAD. RADIAL • • RGE RANGE • RP RADIUS POINT RAV RIGHT.OF-WAY -' SEC SECTION PNP TOWNSHIP IRC IRON ROD WITH CAP EL= ELEVATION NAVE) B6 NORTH AMERICAN VERTICAL DATUM OF 1980 U.E. UTILITY EASEMENT WS.E. WATER AND SEWER EASEMENT REVISION DATE BY INDIAN RIVER 00UNTY COMMENTS 03/06,2019 MJP 04,10.119 IAJP 0.062019 AAJP 1 SHEET 5 OF 8 MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA W ZF J w () EXISTING 53RD STREET (150' R/I4 (0.R.B. 7937, PG 479) I X41219 241.19 r I J u M1S725' 413$ 55 MATC•HLINE•1 (SEE SHEET 6) MOO 2 9 SCOW 5941210 252.59 I AIO' TRACT ■ •+W q_ R. JF. JASPFR_SQUARE _ 4 Kes41215 tum' (50' PRIVATE R/W) 54500' ' IMAM 9.2509'00' 1 L.n.47 mare 1 TRACT"C10" 5.2550 9.0511525_ ,I -i I 11109 x5541215 I_rn ® I SIIS L RU1 55PYY211I I ® 41.11 S I S' I ,1 I I I 11109 559141211' ( I la) 5540 109141219 OE 1 1 1 I I I 115.401 113P41271 ® 0 MOS X5545219 15 uy-- ap 9 I I I I N, 11109 109411119 I © 11309 11591412111 ® S 1 I 1 $R•© I'. 11150 96197111 1 I 115.01, 118412111 11309 1455412111 ppg A % 11150 25041212 THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 LB 696 ON JANUARY 30, 2019 _ MATCHLINE (SEE SHEET 7) 11150 07147219 11350 1e4127. R uMI 5 OF �THrs 14AT PLAT BOOK PAGE CFN CLERK'S FILE NUMBER GRAPHC SCALE IN RET H15.____10 ] w VILLAGE PO PUT IC LAND USE: L-2 ZONING: PD NORTH RELIEF CANAL v .ua R1M��■�■1I,,JJ1 �Il4\ At4V4) %SES AT WATERWAY tAGE PO PLAT 2,1 LAND USE: 1,2 20NING: PO LAKES AT WATERWAY GE PODS AT ZONING. 40 LAKES AT WATERWAY VILLAGE PODS MIA 'ATaTA VIU-AGE PO POD 311 49TH ST KEY MAP AUREMAIKSB CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD - - CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT L ARC LENGTH LA.E. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS NR. NON -RADIAL ORB OFFICIAL RECORDS BOOK P.B. PIAT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSECURVATURE PCP PERMANENT CONTROL POINT PG. PAGE _ PI POINT OF INTERSECTION LAKES AT WATERWAY P.O.B. POINT OF BEGINNING VILLAGE PD - PODS S. T PRM PERMANENT REFERENCE MONUMENT PB 29, PG 72 PT POINT OF TANGENCY RADIUS RAD. RADIAL RGE RANGE RP RADIUS POINT RAN RIGHT-OF-WAY SEC SECTION TWP TOWNSHIP - IRC IRON ROD WITH CAP EL.• ELEVATION NAVD SB NORTH AMERICAN VERTICAL DATUM OF 1985 U.E. UTUTY EASEMENT W.S.E. WATER AND SEWER EASEMENT MATCHLINE (SEE SHEET 7) LEgalV OF 85A, M PLAT BOUNDARY PARCEL UNE - EASEMENT LINE - ROAD CENTER UNE SECTION UNE �. .� MATCHLINE LOT NUMBER PRM. 4x4 CMD OR IRC STAMPED • 'R/M KHA LB 098' OR AS NOTED • PCP, NAIL AND DISC STAMPED' 'PCP KHA LB 690' LOT CORNER REVISION DATE BY INDIAN RIVER COUNTY COMMENTS 0.8/2019 NIP INDIAN RIVER COUNTY COMMENTS INDIAN RIVER COUNTY COMMENTS 0.6/2019 1 SHEET 6OF8 60 MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST. INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA MATCHLINE (SEE SHEET 5) 1.4.41 -082524 43L42 Z 15ute815I0R' AEWT Wm• TRACT ) .R2. 8.2507 J w ) 4.00044 = i _414__ _ 4347 . ,1- -15213' 416]7 © ? I> ydl- figU 1- 11 lr v _I_ 25157__ _ I V. E I^, �WK 45.04 • \ 4 1-254 -444 3 4341 MATCHLINE (SEE SHEET 6) I I I 113400' 85241271I I I I I I 11502 102402/8 I I 1 I USW 102471.72 7--i 1 1 I 7 113.00. ter4T2TTI I I I I 014' 8241.178 I I 1ISTO 1620.21.8 �t2 DE 17 us — r ® i 1 I tv v. 113.00. Nl2am `!I 281 1D 014 8/241.204 CO 1 I A R I 1 1154 810.272011 $g9 ® 1114 19017270 1114 90'47270 115.00. 5IP11. 512 8.2500' I 1 -013407 L.T.4T 14'47131 MOT 1154 10211.208 wla , tt �wK N ; � �I1 I 4 0507 PC 1-254 151 I 0j -43374• I .N L.R21 ARE _ Fl "R2' - - - (50' PRIVATE RAN) PT 8 10530' X5241.21.2 I 0" .1▪ 1jv'I\ i 56 E� F 4. J w L N :5 2 ® g, --4 60 a 564 _51044' 6141 554 1 t7 8 J 4.1 4140 AYL rTS T' \17s. 1147 115.0Y Iver47770 _ 1154' 19041.270 113.00. 49047272 ki / 9011'2721 41611 1104 101.40170 0246) 1152172711 TRACT W6] M449410 THIS INSTRUMENT WAS PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC 44524TH STREET, SUITE 200 VERO BEACH, FLORIDA 32960 L8 696 ON JANUARY_30, 2019 P6 28. PGS 23) t \ a E zur \12.0' 8563509 304 8414 8401.720 L-411( 01431.8 81.181440 8104727' 4855 8.254 40510034• 1.3155 81.31.10 00.54110401 LAKES AT WATERWAY VILLAGE P0 - PODS S, T PB 29, PG 72 • UMTS Oi HIS. PLAT PLAT BOOK PAGE CFN CLERKS FILE NUMBER GRAPIRC SCALE IN FEET ISO ISL ES AT WATERWAY LAN° 1.15e ZONING: PO 1401110 RELIEF CANAL ElanWATERWAY s9E LAND use L.3 w, 0 E9 AT WATERWAY vnuwm�CE oUSE, AT L-2 ROA LAKESAT WATERWAY VILLAGE PGOS 4904 ST -1 LAKES AT WATERWAY VILLAGE PO POD 31, KEY MAP J-E(iBC OF MOMS PLAT BOUNDARY PARCEL LINE EASEMENT LINE ROAD CENTER LINE SECTION LINE • • MATCH LINE LOT NUMBER PRM, 444 CMO OR IRC STAMPED e 'PRM KHA LB 697 OR AS NOTED • PCP, NAIL AND DISC STAMPED - 'PCP NIA LB 698' LOT CORNER ABErEIMIXIM D (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CO CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK D.E. DRAINAGE EASEMENT L ARC LENGTH L.A.E. LIMITED ACCESS EASEMENT LB LICENSED BUSINESS N.R. NON -RADIAL • ORB OFFICIAL RECORDS BOOK P.B. PLAT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG. PAGE PI POINT OF INTERSECTION P.O.B. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT 'PT POINT OF TANGENCY R RADIUS • • RAD. RADIAL ROE RANGE RP RADIUS POINT RAN RIGHT.0F-WAY SEC SECTION TWP TOWNSHIP IRC IRON ROD WITH CAP EL= ELEVATION NAVD 88 NORTH AMERICAN VERTICAL DATUM OF 1988 U.E. UTILITY EASEMENT W.S.E. WATER AND SEWER EASEMENT REVISON DATE BY INDIAN RIVER GOUNI, OOMMENTS INDIAN RIVER COUNTY COMMENTS. 04/10.7019 INOIAN RIVER MUM, COMMENTS 0 5/08/20 MR 1 SHEET 7 OF 8 MAGNOLIA COURT AT WATERWAY VILLAGE PD (PODS H,I,J) BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF SECTION 16, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA 008" 9553 P.) 0 MATCHLINE (SEE SHEET 5) (94086054•IB L'28.5f IRON STREET (50' PRIVATE R-,SA00 trWOSY]i 631171 09.1172 ®.5104041•E PC 'MEW 1ar46•A32 8.2000 __•_..6006---- --_50x'--- ---300--. 9.102304' 735' 1 TRACT TRACT ,..021E aszm' ,R2 i 5404101'6 2105 _ IBIS ROAD _ \ (50' PRIVATE RNV) 38017521T-23350 '\ TRACT "R2" LMTS OF THIS PUT 1 1 1 14.11 - Ayyrt 11 I 3 1 6 P.O.B.�} 1 I POO 1 k J �` 1 NORMWFST Ctl 0Th. LAKES AT 1 WATERWAY WLLAGE PO - PLAT 2A-1 SITE 0 54*90 RK 60 1 EL -4 2247 NAVD 88 - '— 1 31811211.1I80125711 — 1 - 3)33 21.18 0.210 9.013217 L.a17 4.X54' 06*088390 THIS INSTRUMENT WAS PREPARED BY 0•X56 9.074'41' 6.7512 KIMLEY-HORN AND ASSOCIATES, INC °�164p ® B �"^ TRACT fib^ 445 24TH STREET. SUITE 200 VERO BEACH. FLORIDA 32960 LB 696 - 014 JANUARY 30, 2019 101' 0.0.006-017554' 1.80' 00.502 01.16434162.6 • 1.39301 1.1001 460' 34�x4z1714 _ x60• 0014 0111 3951 50121311 816 118047'16•0 30.07 0.2100 6.009624• 1.3733. 01.34.10 01.642121332 4.3800 ..017441E ly18.12 09.1101®.401305011 0.24.00 4.01744128.1..73.6/ 09.2370 03.1051.1011 5606 7'01300 MOE 0.3500 0.020627'1.4630 0143806• ®600111 0 • 4. 1'.0.0NRTIt'5rTEW K Uul15 VILLAGE WATERWAY PLACE TKIS PUOFT (60' PRIVATE RNV) PB 28. PGS 23-33 PLAT BOOK PAGE CFN CLERKS FILE NUMBER O MMC SCALE 61 FEET 10 30 NORTH RELIEF CANAL ISLES. AT WATERWAY LAND USE: ZONING: PO ENE WATELR AT c 5Tc � J uNo s\0 Alrf4) LAKES WATERWAY ILLAGE PO PLAT 2A -I LAND USE: L.2 ZONING: PO WATERWAY VILLAGE MOS WATERWAY VILLAGE PO POO 3fl 49TH ST KEY MAP LED OF ILIK18 PUT BOUNDARY PARCEL LINE EASEMENT LINE -- . ROAD CENTER LINE SECTION UNE �•.�••� MATCH LINE LOT NUMBER PRM, 444 CMD OR IRC STAMPED • -PRM KNA LB 696' ORAS NOTED • PCP. NAIL AND DISC STAMPED' 'PCP KHA LB 696' LOT CORNER Anefellelngta DELTA (CENTRAL ANGLE) CB CHORD BEARING CCR CERTIFIED CORNER RECORD CD CHORD DISTANCE CMD CONCRETE MONUMENT AND DISK O.E. DRAINAGE EASEMENT L ARC LENGTH LA.E.• LIMITED ACCESS EASEMENT LB LICENSED BUSINESS' N.R. NON -RADIAL ORB - OFFICIAL RECORDS BOOK '- PB. PUT BOOK PC POINT OF CURVATURE PCC POINT OF COMPOUND CURVATURE PRC POINT OF REVERSE CURVATURE PCP PERMANENT CONTROL POINT PG. PAGE PI POINT OF INTERSECTION P.O.B. POINT OF BEGINNING PRM PERMANENT REFERENCE MONUMENT PT POINT OF TANGENCY R RADIUS • RAD. RADIAL RGE RANGE RP RADIUS POINT RIW RIGHT-OF-WAY SEC SECTION TWP TOWNSHIP IRC IRON ROD WITH CAP EL. ELEVATION NAVD 86 NORTH AMERICAN VERTICAL DATUM OF 1988 U.E. UTILITY EASEMENT WS.E. WATER AND SEWER EASEMENT REVISION DATE BY INDIAN RIVER COUNTY OOMMENTS 03/00.011) MJP INDIAN FINER COUNTY COMMENTS 04/102019 MJP tNDIAN RIVER COUNTY COMMENTS 0508/201B MJP SHEET 8 OF 8 - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM:. SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., County Engineer William Johnson, P.E., Roadway Production Engineer Amendment No. 1 to Work Order No. 2, MBV Engineering, Inc. 43rd Avenue Sidewalk Airport Drive to 4152 Street (IRC -1503) DATE: May 30, 2019 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. On May 8, 2018, the Board of County Commissioners approved Work Order No. 2 with MBV Engineering, Inc. to provide design services to add sidewalks with ADA compliant ramps and associated drainage improvements along 43`d Avenue from West Airport Drive to 4152 Street. The purpose of Amendment No. 1 to Work Order No. 2 is to provide additional services for design and permittingfor an additional drainage crossing under 43rd Avenue. This design modification was determined to be necessary during the course of the design process. Amendment No. 1 to Work Order No. 2 is for a total lump sum amount of $3,000.00. FUNDING Funding is budgeted and available in Secondary Roads/43rd Avenue Sidewalk (Airport Drive — 41st Street) Account No. 10921441-066510-18026 in the amount of $3,000.00. RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. 2 to MBV Engineering, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Amendment No. 1 to Work Order No. 2 on their behalf for a lump sum amount of $3,000.00. ATTACHMENTS Amendment No. 1 to Work Order No. 2 AGENDA ITEM FOR JUNE 18, 2019 63 AMENDMENT NUMBER 1 TO WORK ORDER NUMBER 2 43rd Avenue Sidewalk Improvements from Airport West Drive to 41St Street IRC Project No. 1503 This Amendment 1 to Work Order Number 2 is entered into as of this _ day of 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The. professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms 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 MBV Engineering, Inc. By: Title: Vice President By: OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 64 EXHIBIT A - SCOPE OF WORK The COUNTY has requested MBV Engineering's additional assistance for the 43rd Avenue sidewalk project. Based on a review of the project design and existing field conditions, it was determined that additional drainage required replacement, which was outside of the original scope of the design contract. MBV will also address FDOT Local Agency Program review comments with this scope of work. MBV Engineering, Inc. then proposes to provide written responses and required plan revisions necessary to complete the revisions associated with these improvements and required by FDOT for their grant review. DELIVERABLES The Consultant shall provide the COUNTY with the following: • Two (2) hard copies 11" x 17" of the Phase 1 plans • Electric response to FDOT ERC • One (1) electronic version of the Phase I plans in pdf format EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Design Services $ 3,000 Work Authorization Total $ 3,000 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. 65 EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Design Services 30 days from the date of authorization 66 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 714 CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Land Purchase — Future Expansion 45th Street Owner: Balquees, LLC 4710 45th St, Vero Beach, FL 32967 DATE: June 4, 2019 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 45th Street Between 43`d Avenue and 58th Avenue. The proposed improvements will include relocating the current two-lane road with (2) two 12 foot lanes, (2) two 5 foot bike lanes and a 6 foot sidewalk. In addition, there will be a dedicated westbound left turn lane added at the 58th Avenue intersection. Balquees, LLC owns a 10.55 acre unimproved parcel which is zoned IL. To accommodate the future planned improvements on 45th Street, the County needs to acquire the parcel for stormwater treatment and compensatory storage purposes for the project. The County obtained an appraisal of the property indicating a value of $450,000.00, and made a conditional offer of $375,000.00. Mr. Charles E. Garris attorney for Balquees, LLC counter -offered $474,750.00 for the 10.55 acres of right-of-way. After several weeks of negotiations all parties agreed on $474,750.00. FUNDING Funds for this expenditure are budgeted and available from Traffic Impact Fees/District II/ROW/45th Street/58th to 43rd Avenue. Account # 10215241-066120-17028. RECOMMENDATION Staff recommends the Board approve the Purchase Agreement of $474,750.00 for the 10.55 acres of property located at 4710 45th St, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: June 18, 2019 67 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND BALQUEES, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2019, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Balquees, LLC, a Florida limited liability company ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 4710 45th Street, Vero Beach, Florida 32967. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for future reconstruction of 45th Street between 43rd Avenue and 58th Avenue; and WHEREAS in order to proceed with reconstruction plans, stormwater treatment and flood plain compensation the County needs to purchase the property to be used as right- of-way; and WHEREAS, the County contacted the Seller to purchase the parcel of approximately 459,558 square feet or 10.55 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers: and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 4710 45th Street, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 10.55 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $474,750.00 (Four Hundred Seventy -Four Thousand Seven Hundred Fifty and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 68 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of the Property for the County's intended use. The Seller shall permit access to the County (or its agent) for such testing and examination needed for the Phase 1 Assessment upon reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the property shall be returned to its original condition, ordinary wear and tear excepted. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or 69 otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 70 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: If to County: Charles E. Garris, Attorney 819 Beachland Boulevard Vero Beach, FL 32963 Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each 71 agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. 72 INDIAN RIVER COUNTY, FLORIDA BALQUEES, LLC BOARD OF COUNTY COMMISSIONERS a Florida Limited Liability Company Bob Solari, Chairman Omar D. Hussamy, Managing Member Approved by BCC 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: William K. DeBraal, Deputy County Attorney 73 EXHIBIT "A" INDIAN RIVER FARMS CO SUB PBS 2-12 E 10.55 A OF TR 15 (OR BK 424 P - P 72) LESS R/W PER OR BK 69 PG 515 Commonly known as: 4710 45th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-21-00001-0150-00002.0 74 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: William Johnson, P.E., Roadway Production Engineer SUBJECT: FDOT Amendment Number Two to County Incentive Grant Program (CIGP)-Locally Funded Agreement (LFA) FM No. 431759-1 for Right -of -Way (IRC -0853) and Resolution Authorizing the Chairman's Signature, SR 60 and 43`d Avenue from 18th Street to 26th Street DATE: June 6, 2019 DESCRIPTION AND CONDITIONS On May 19, 2015, the Board of County Commissioners approved an FDOT County Incentive Grant Program (CIGP) Locally Funded Agreement (LFA) FM No. 431759-1 with the Florida Department of Transportation (FDOT) for the Right -of Way Appraisal, Consultant, Acquisition, and Relocation Services of various parcels for the construction of intersection improvements at SR -60 and 43rd Avenue. The total project cost was estimated at $8,809,254.00 with the County and the FDOT to share the cost equally. To date, the County has paid its share of $4,404,627.00. On April 17, 2018, the Board of County Commissioners approved an FDOT County Incentive Grant Program (CIGP) Agreement Amendment Number One to reflect an increase of $5,827,835.00 for additional cost of acquisition of right-of-way and to add environmental services for a total project cost of $14,637,089.00. The additional $5,827,835.00 have be shared equally between FDOT and the County. To date, the County has paid its additional share of $2,913,917.50. Amendment Number Two to the CIGP-LFA FM No. 431759-1 is to reflect time extension to the right-of-way project completion date for written acceptance to the Department of June 30, 2021. FUNDING Amendment Number Two to the CIGP-LFA FM No. 431759-1 does not require any funding. The project is budgeted and funds are available from Optional Sales Tax/ROW/43rd Ave/18th to 26th St -Account No. 31521441-066120- 06041. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment Number Two to FDOT County Incentive Grant Program (CIGP) — Locally Funded Agreement (LFA) and Resolution and authorize the Chairman to execute the same. ATTACHMENT 1. Authorizing Resolution 2. Amendment Number Two to CIGP-LFA FM No. 431759-1 AGENDA ITEM FOR JUNE 18, 2019 75 DUNS No.: 80-939-7102 CSFA No.: 55.008 FM No: 431759-1-4B/42/43/45-01 Vendor No: VF 596-000-743 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT AMENDMENT NUMBER TWO THIS Amendment, made and entered into this day of 20 , by and between the State of Florida Department of Transportation, an agency of the State of Florida, hereinafter called the DEPARTMENT, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, on June 9, 2015, the parties entered into a County Incentive Grant Program Locally Funded Agreement, hereinafter referred to as the Agreement, wherein the COUNTY agreed to provide the DEPARTMENT financial assistance in connection with Financial Management (FM) No. 431759-1- 4B/42/43/45-01 for the Right of Way appraisal, consultant, acquisition, and relocation services of various parcels for the construction of intersection improvements at SR -60 and 43rd Avenue in Indian River County, Florida, hereinafter referred to as the Project; and WHEREAS, the parties amended the Agreement on April 24, 2018 (Amendment Number One); and WHEREAS, the parties desire to further amend the Agreement; and WHEREAS, the parties hereto mutually agree that this Amendment is in their best interest; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree to amend that certain Agreement dated June 9, 2015 as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The term of the Agreement is extended for the completion of the Project. Paragraph 3 of Amendment is amended to read as follows: Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30, 2021, whichever occurs first. All provisions, covenants, terms and conditions of the Agreement between the parties theretofore entered into on June 9, 2015 and amended on April 24, 2018, as originally set forth therein, which are not hereby expressly amended or modified and not in conflict with the terms hereof, are hereby ratified and confirmed and shall remain the same and be unaffected by these presents. 1 of 2 76 IN WITNESS WHEREOF, this AMENDMENT is executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Amendment by Resolution No. , hereto attached. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY (Name of RECIPIENT) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: BOB SOLARI Print Name: STACY L. MILLER, P.E, Date: Date: ATTEST: OFFICE OF THE GENERAL COUNSEL Jeffrey R. Smith, Clerk of Court & Comptroller FDOT LEGAL REVIEW: By: , Deputy Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 2 of 2 77 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF AMENDMENT TWO TO A COUNTY INCENTIVE GRANT PROGRAM LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND 43RD AVENUE. WHEREAS, Indian River County, (County) with the assistance of the Florida Department of Transportation (Department) is pursuing the construction of a roadway project for the improvement of the intersection of SR 60 and CR 611 (43`d Avenue) (Project), associated with Financial Management (FM) Number 431759-1, Section 88060-2526, in Indian River County, Florida; and WHEREAS, on June 9, 2015, the parties entered into a County Incentive Grant Program Locally Funded Agreement (Agreement) wherein the County agreed to provide financial assistance for the right-of- way appraisal, consultant, acquisition and relocation services of various parcels needed for the project; and WHEREAS, the Parties desire to amend that Agreement to reflect time extension for acquisition of right-of-way and environmental services (FM Number 431759-1-C2-10) to the contract; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Amendment Number Two of a County Incentive Grant Program Locally Funded Agreement for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Amendment Number Two of a County Incentive Grant Program Locally Funded Agreement for the Project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of June, 2019. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney 78 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Andy Sobczak, Infrastructure Project Manager SUBJECT: Work Order No. 10, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) Walking Trail, IRC -1908 DATE: May 30, 2019 DESCRIPTION AND CONDITIONS To compliment improvement efforts currently underway at the Jackie Robinson Training Complex (FKA Historic Dodgertown) being completed under the County's lease agreement with Major League Baseball (MLB), County Staff was tasked with requesting a proposal from MBV Engineering, Inc. for an interconnected walking trail that would improve accessibility within the Complex, and provide a pedestrian connection to 43`d Avenue and Aviation Boulevard. The proposed walking trail will include a pedestrian bridge connection to the cloverleaf fields and a new tree line buffer along 43rd Avenue. On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. The purpose of Work Order No. 10 is to provide design services, including permitting, bidding, and construction administration for an interconnected walking trail at the Complex for a lump sum amount of $39,000.00. MBV Engineering, Inc. has provided a preliminary estimated construction cost for the walking trail of $591,223.05. FUNDING Funding of $39,000 will be provided by a budget amendment from Optional Sales Tax/Cash Forward. RECOMMENDATION Staff recommends approval of Work Order No. 10 with MBV Engineering, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Work Order No. 10 on their behalf for a lump sum amount of $39,000.00. ATTACHMENTS MBV Engineering, Inc. Work Order No. 10 APPROVED AGENDA ITEM FOR JUNE 18, 2019 F:\Public Works \ENGINEERING DIVISION PROJECTS\1908 Dodgretown Walking Traill-Admin\Agenda Items\Work Orders \IRC-1908_StaffRpt_W010_20190530.doc 79 WORK ORDER 10 IRC -1908 - Jackie Robinson Training Complex Walking Trail This Work Order Number 10 is entered into as of this _ day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms 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: MBV Engineering, Inc. By: Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, COUNTY Administrator Dylan T. Reingold, COUNTY Attorney 80 EXHIBIT A - SCOPE OF WORK It is our understanding that the COUNTY intends to construct a pedestrian walking trail on the west side of the Jackie Robinson Training Complex on the vacated golf course. The proposed design improvements will consist of a 12' millings walking trail, two (2) asphalt driveway connections to the adjacent roadways (43rd Avenue and Aviation Blvd.), a milling access road connecting the (2) driveway aprons, installation of a new tree line along the west side of the parcel (adjacent to 43rd Avenue) and a wooden / recyclable material pedestrian bridge connecting the walking trail parcel to the cloverleaf fields to the east. The improvements will require an Existing Conditions Survey (provided by COUNTY), Demolition Plan, Erosion Control Plan, Site Plan, Paving, Grading and Drainage Plan, Tree Landscape Plan and various Details sheets. Pursuant to coordination with COVB Engineering Department, stormwater calculations must be conducted for the volumetric storage and design for 1.5" of treatment for the new impervious areas. In addition to the Civil plans, a Structural Plan with Details will be required for the design and permitting of the proposed pedestrian bridge. As such, MBV Engineering, Inc. will provide the design and permitting services for this project items stated above and as described below in further detail. Task 1- Civil Design Services a. The Consultant will prepare 24" x 36" design drawings for the above described improvements and will include the following: Existing Conditions Plan (Existing Conditions survey to be provided by IRC), Demolition Plan, Erosion Control Plan, Site Plan, PGD Plan, Tree Planting Plan and applicable Details sheets. Consultant will also prepare volumetric stormwater calculations as required for the new impervious area (millings are included in impervious area) pursuant to COVB Engineering Department requirements and coordination. b. If needed, the Consultant will attend up to three (3) meetings regarding the project with IRC Staff / BCC / CoVB P&Z City Council to review the proposed Walking Trail plans. Consultant will prepare one 24" x 36" colored Exhibit plan for each of the meetings for presentation to the public. c. The Consultant will prepare Cost Estimates for the project at 60% and 90% phases. d. The Consultant will coordinate with the COUNTY staff during design development for these plans at the 60% and 90% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans for up to two (2) rounds of comments from COUNTY within reasonable scope of the project prior to submitting to CoVB. Task 2 - Structural Design Services a. The Consultant will prepare 24" x 36" design drawings for the above described wooden bridge improvements and will include the following: • Project Coordination with IRC and Design Team • Review survey of cross section of subsurface soils data (See Geotechnical Investigation section below) 81 • Coordination with Geotechnical Company and review • Preparation of preliminary layout of bridge crossing. • Structural Design of the foundation and framing systems • Preparation of drawings of the bridge with applicable structural details. • Certification of the drawings for compliance with local building codes and wind load requirements. b. The Consultant will prepare Cost Estimates for the project at 60% and 90% phases. c. The Consultant will coordinate with the COUNTY staff during design development for these plans at the 60% and 90% completion phases. COUNTY staff shall provide review comments to Consultant for each phase. Consultant will revise plans for up to two (2) rounds of comments from COUNTY within reasonable scope of the project. Task 3- Geotechnical Testing Services a. The Consultant will coordinate with the Geotechnical Company on the following scope: • Perform two (2) soil borings to a depth of 40' on each side of the existing lake in the area that will support the pedestrian bridge in accordance with ASTM Standards and as described in ASTM D1586, known as the Standard Penetration Test (SPT) • Perform probes in the lake bottom to determine if any unsuitable soils exist, and if so, to what depth. • Perform Dynamic Cone Penetrometer to refusal to estimate the soil density below the water. • Provide a report covering the investigation including the boring logs of the soil classification, thickness of each layer, number of blows per foot (N Value), groundwater depth, recommendations for site preparation, allowable bearing capacity soil with piling recommendations. Task 4 - Permitting Services The Consultant will prepare the following permit applications and associated submittals for the following agencies: • City of Vero Beach Minor Site Plan Approval (assumes staff level approval) • City of Vero Beach ROW Permit • St. Johns River Water Management District Exemption Request Letter • Indian River Farms Water Control District Exemption Request Letter • Indian River COUNTY Building Division Permit (Bridge) This Work Order does not include stormwater modeling, permitting (other than specifically listed), wetlands permitting, other ecological permitting or attendance. The Consultant shall respond to up to two (2) request for additional information by the permitting agency. 82 The COUNTY will be responsible for the above listed permit fees and the Consultant will prepare all necessary applications and provide to COUNTY for signatures. Task 5 — Bidding Phase The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Civil and Structural Plan Documents for Bidding • Attendance at Pre -Bid Meeting (Both Civil and structural representatives will be in attendance) NOTE: All construction specifications will be on the applicable plan sheets in lieu of a specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. Task 6 — Construction Phase The Consultant will provide the following scope of services during the construction phase: a. Civil • Attendance at one Pre- Construction meeting • Shop Drawing review of Civil items • Response to Requests for Information • (5) visits during construction • Development and submittal of Certification documents to agencies as required b. Structural • Attendance at one Pre- Construction meeting • Shop Drawing review of Structural items • Response to Requests for Information • (5) visits during construction DELIVERABLES The Consultant shall provide the COUNTY with the following: • Three (3) hard copies in 24" x 36" format of the design plans • One (1) electronic version of the plans in .pdf and CAD format 83 EXHIBIT B - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Task 1- Civil Design Services $ 16,000 Task 2 - Structural Design Services $ 5,500 Task 3 — Geotechnical Testing Services $ 3,200 Task 4 — Permitting Services $ 5,500 Task 5 — Bidding Phase $ 2,000 Task 6 — Construction Phase a. Civil $ 4,000 b. Structural $ 2,800 TOTAL $ 39,000 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by COUNTY in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Permit Ready Design Plans 45 days from receipt of Survey • Final Plans and Permits 60 days from Permit Submission 84 Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THRU: Kristin Daniels, Director, OMB FROM: Beth Martin, Risk Manager DATE: June 10, 2019 SUBJECT: Third Party Claims Administration Services Please consider the following for inclusion on the June 18, 2019 Board of County Commissioners' agenda. Background The County's modified self-insurance program relies upon the services of a third party claims administrator to analyze and process workers' compensation and third party liability claims made against the County. Since February 2005 Johns Eastern Company, Inc. (JECO) has provided these services. As in the past, Siver Insurance Consultants reviewed the current agreement, claims count and payments for the past three (3) years. Following the review, Siver assisted the County with negotiation of a renewal agreement. Analysis The proposed agreement continues with prior terms of a flat rate agreement with three (3) percent cost increases annually. This annual increase is consistent with earlier agreements and provides detailed scope of services and performance standards. The proposed agreement begins on October 1, 2019 at an annual cost of $218,545.00. On October 1, 2020 the annual price becomes $225,102.00 and on October 1, 2021 it is $231,855.00, or a three (3) percent annual increase. Beginning October 1, 2022 the agreement can be extended for two (2) additional years upon mutually acceptable terms. JECO, a leading firm in their industry, has consistently provided outstanding services on behalf of the County and their longevity with the County brings both stability and historic knowledge to the renewal. Funding Funding for claims administration services is provided by the Self Insurance Fund, Other Professional Services account (account number 50224613-033190). The Self Insurance Fund is an internal service fund that allocates charges to the County's user funds. Recommendation Staff recommends that the Board authorize the Chair to execute the agreement after review and approval by the County Attorney's Office with an initial annual cost of $218,545.00, three (3) 85 percent annual increases for the following two (2) fiscal years, and the option to renew upon mutually agreeable terms for an additional two (2) years. 86 AGREEMENT between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS and JOHNS EASTERN COMPANY, INC. for THIRD PARTY ADMINISTRATION (TPA) SERVICES FOR THE SELF FUNDED WORKERS' COMPENSATION AND LIABILITY PROGRAM THIS AGREEMENT, made and entered into by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida (hereinafter, "IRC"), and JOHNS EASTERN COMPANY, INC. (hereinafter, "TPA"). WHEREAS, IRC has undertaken to self -insure its Workers' Compensation and Third Party Liability program in accordance with applicable Florida statutes and regulations; and WHEREAS, TPA is engaged in the administration and supervision of Workers' Compensation and Third Party Liability programs for self-insured entities; and WHEREAS, TPA desires to provide and IRC desires to receive Workers' Compensation and Third Party Liability Claims Administration Services as described under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of mutual covenants and conditions set forth herein, the parties agree as follows: ARTICLE 1 — RECITALS 1.1 Recitals. The Parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. ARTICLE 2 — TERM OF AGREEMENT 2.1 Term of Agreement. This Agreement is effective as of 12:01 a.m., October 1, 2019 and will continue until 12:01 a.m., October 1, 2022. The term of the Agreement may, by mutual agreement by IRC and TPA, be extended for up to two additional one-year periods. ARTICLE 3 — COMPENSATION OF TPA October 1, 2019 — October 1, 2020 October 1, 2020 — October 1, 2021 October 1, 2021 — October 1, 2022 $218,545.00 $225,102.00 $231,855.00 87 The above noted TPA compensation will be the only compensation for services. Attachment D lists acceptable Allocated Claims Expenses. IRC agrees to pay compensation to the TPA in quarterly installments. ARTICLE 4 — GENERAL CONDITIONS 4.1 Claims and Organizations Included. In addition to IRC, and as agreed to by the Parties, services are to be provided for any affiliated or subsidiary board, authority, committee, independent agency or other organization (including newly constituted) provided that such affiliated or subsidiary board, authority, committee, independent agency or other organization is either a bodypolitic created by IRC or one in which controlling interest or membership therein is vested in IRC. 4.2 No Other TPA Compensation For Services Related to Agreement. 4.2.1 TPA agrees that, except to the extent, if any, specifically authorized under this Agreement, neither TPA, nor any parent, subsidiary, or affiliate of TPA, shall accept any rebates, overrides, administrative fees, or any other compensation of any nature from anyone, including from any subcontractors used by TPA to provide such services, other than the compensation received by TPA from IRC related to the services provided by, or on behalf of, TPA under this Agreement. 4.2.2 In the event TPA, or any parent, subsidiary, or affiliate of TPA, does receive any such compensation related to the services provided by, or on behalf of, TPA under this Agreement from anyone other than IRC, TPA shall promptly disclose the receipt of any such compensation to IRC and shall refund any such amounts received to IRC within thirty (30) days of the receipt by TPA. 4.2.3 In the event TPA, or any parent, subsidiary, or affiliate of TPA, is entitled to any such compensation related to the services provided by, or on behalf of, TPA under this Agreement from anyone other than IRC, TPA shall promptly disclose the entitlement to any such compensation to IRC and shall promptly assign the entitlement to any such compensation to IRC. 4.3 Notice of Change in Compensation. TPA may not effect any increase of rates or other consideration applicable to this Agreement prior to: 4.3.1 At least one hundred and twenty (120) days after receipt by IRC of valid written notice from TPA, stating specifically the amount of change proposed. Mere notice that a change in rates or consideration is proposed, without stating clearly the exact amount, and the effect of the proposed change on the overall consideration of this contract, shall not constitute a valid notice. The written notice of any change in rates or other change 88 in consideration shall be delivered by certified mail to: Risk Manager Indian River County BOCC 1800 27th Street Vero Beach, FL 32960 4.4 Notice of Termination or Adverse Change. 4.4.1 Notice by TPA. TPA shall at give valid written notice to IRC at least one hundred and twenty (120) days prior to cancellation, non -renewal, or restriction of TPA's obligations under this Agreement. The written notice of cancellation, non -renewal, or restriction of TPA's obligations under this Agreement shall be delivered by certified mail to: Risk Manager Indian River County BOCC 1800 27th Street Vero Beach, FL 32960 4.4.2 Notice by IRC. This Agreement may be canceled at any time at the request of IRC by giving prior written notice of 90 days to TPA. 4.4.3 Basis of Termination. In the event of termination of this Agreement for whatever reason, the earned fees shall be computed on a pro rata basis without penalty and TPA shall refund to IRC the excess ofpaid fees or other consideration that were received by TPA within thirty (30) days from the date of termination. 4.5 Agreement — Document Priority. In the event of a conflict among the following documents, the order of priority shall be as follows: (1) This Agreement (2) Documentation regarding negotiations for this Agreement 4.6 Hold Harmless/Indemnification. TPA shall indemnify, hold harmless and defend IRC, its members, officials, officers or employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which IRC, its members, officials, officers or employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by TPA, its agents, servants or employees; the equipment of TPA, its agents, servants or employees while such equipment is on premises owned or controlled by IRC; or the negligence or other culpability of TPA or the negligence or other culpability of TPA's agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be 89 for damages, damage to property including IRC 's property, and injury or death of any person whether employed by TPA, IRC or otherwise. TPA's obligation to hold harmless and defend an indemnitee with respect a claim, judgment, cost, or expense resulting from bodily injury, personal injury, or damage to tangible property, caused in whole or in part by TPA, its agents, servants or employees, shall apply whether or not the claim, judgment, cost, or expense is due to or caused in part by the negligence or other culpability of the indemnitee, excluding only the sole negligence or other sole culpability of the indemnitee. Except with respect to a claim, judgment, cost, or expense resulting from bodily injury, personal injury, or damage to tangible property, caused in whole or in part by TPA, its agents, servants or employees, TPA shall indemnify, hold harmless and defend an indemnitee to the extent the claim, judgment, cost, or expense results from the negligence or other culpability of TPA, its agents, servants or employees. Any remedy provided to an indemnitee by this Section shall be in addition to and not in lieu of any other remedy available to the indemnitee under this Agreement or otherwise. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. IRC agrees to indemnify, defend and hold TPA harmless to the extent allowed by Section 768.28 of Florida Statutes for any action resulting from TPA acting at the direction of IRC. 4.7 TPA Insurance Requirements. Prior to commencement of services under this Agreement, TPA shall obtain and maintain without interruption until completion of all services required under this Agreement, the insurance as outlined below. TPA agrees to furnish a fully completed certificate of insurance naming IRC and its members, officers, employees, and agents as additional insured on the General Liability insurance, signed by an authorized representative of the insurer providing such insurance coverages. The insurance coverages and limits shall meet, at a minimum, the following requirements: 4.7.1 Workers' Compensation/Employer's Liability Insurance. Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Board on Compensation Insurance, without restrictive endorsements. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: "Statutory" Part Two: $ 1,000,000 Each Accident $ 1,000,000 Disease - Policy Limit $ 1,000,000 Disease - Each Employee 90 4.7.2 General Liability Insurance. Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: • Mold, fungus, or bacteria • Terrorism • Sexual Molestation The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be: $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence IRC and its members, officers, employees, and agents shall be included as an additional insured on a form no more restrictive than the most recent version of ISO Form CG 20 10 (Additional Insured - Owners, Lessees, or Contractors). 4.7.3 Automobile Liability Insurance. Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non -owned, and hired autos used in connection with the performance of the Agreement. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined 4.7.4 Professional Liability Insurance. Such insurance shall be on a form acceptable to IRC and shall cover TPA for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. Coverage must either be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 3,000,000 Each Claim/Annual Aggregate 91 4.7.5 Employee Dishonesty (Fidelity). Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial Crime Coverage Form (ISO CR 00 21) without restrictive endorsements or on a form acceptable to IRC and shall cover TPA and IRC against loss caused by the dishonesty of employees of TPA in connection with the Agreement. Coverage will include Employee Theft, Forgery and Alteration, Computer Fraud, and Funds Transfer Fraud. The minimum limits shall be: $2,000,000 Each Occurrence 4.7.6 Cyber Liability and Data Storage. Such insurance shall be on a form acceptable to IRC and shall cover, at a minimum, the following: • Data Loss and System Damage Liability • Security Liability • Privacy Liability • Privacy/Security Breach Response Coverage, including Notification Expenses Such Cyber Liability coverage must be provided on an Occurrence Form or, if on a Claims Made Form, the retroactive date must be no later than the first date of this Agreement and such claims -made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The Cyber Liability coverage may be included as part of the Professional Liability coverage required above. The minimum limits shall be: $1,000,000 Per Claim and Aggregate 4.7.7 TPA's Insurance Primary and Non -Contributory. The insurance provided by TPA shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by IRC or its members, officers, employees, and agents. Any insurance, or self-insurance, maintained by IRC shall be excess of, and shall not contribute with, the insurance provided by TPA. 4.7.8 TPA's Insurance as Additional Remedy. Compliance with these insurance requirements shall not limit the liability of TPA. Any remedy provided to IRC by the insurance provided by TPA shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of TPA) available to IRC under this Agreement or otherwise. 4.7.9 No Waiver by IRC Approval/Disapproval. Neither approval nor failure to disapprove insurance furnished by TPA shall relieve TPA from responsibility to provide insurance as required by this Agreement. 92 4.8 Compliance with Laws, Rules and Regulations. TPA is responsible for full and complete compliance with all laws, rules, and regulations, including those of the Florida Department of Financial Services, which may be applicable to it. Failure or inability on the part of TPA to comply with such laws, rules, and regulations (including failure to obtain Department of Financial Services approval) shall not relieve TPA from its obligation to perform completely in accordance with this Agreement. 4.9 Default. In the event of default, which may include, but is not limited to non-performance and/or poor performance of this Agreement, TPA shall lose eligibility to transact new business with IRC for a period of 14 months from date of termination of this Agreement by IRC. 4.10 Public Records. IRC is a public agency subject to Chapter 119, Florida Statutes. TPA shall comply with Florida's Public Records Law. Specifically, TPA shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by IRC in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that IRC would provide the records and 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to IRC all public records in possession of TPA upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to IRC in a format that is compatible with the information technology systems of TPA. Failure of TPA to comply with these requirements shall be a material breach of this Agreement. Each Party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each Party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorneys' fees attributable to the party's non- compliance with that law. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.11 Access to Claim Files. TPA shall provide IRC real-time, electronic, internet-based access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills. The TPA will provide IRC with all needed access to internet based information system, except that if access is desired for other than IRC employees or defense counsel, it will be granted based upon mutual agreement of TPA and IRC. 93 4.12 Ownership of Claim Files. IRC shall have all right, title, interest, and ownership to all loss statistics and claim files created as a result of the services provided, or to be provided, by TPA under this Agreement. Further, at the sole option of the IRC, and upon ten (10) days written notice, TPA, at TPA's sole expense, shall return such files to the IRC. At the termination of this Agreement, at the sole expense of TPA, TPA shall provide IRC with computer tapes or other computer media containing all of the claim data. Such data shall be made available in a format generally importable into a commonly recognized database for claims administration services. 4.13 Audit of Files and Procedures. At the sole option of IRC, TPA shall agree at no additional cost to IRC to any audits conducted by or on behalf of IRC of TPA's files and procedures as they relate to IRC. IRC shall have the right to audit during the contract period and for five years following the termination of the agreement. 4.14 TPA Is Independent Contractor. The Parties agree that TPA is engaged to perform services under this Agreement as an independent contractor, and not as an agent, of IRC. 4.15 Entire Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in, or incorporated by reference in, this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.16 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each Party hereto. 4.17 Waiver. The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any Party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 4.18 Governing Law. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of Indian River County, Florida. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.19 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by IRC or any person to which sovereign immunity may be applicable. This section will survive the termination of this Agreement regardless of the cause giving 94 rise to such termination. 4.20 Non -Discrimination. TPA shall not discriminate against any person in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 4.21 Successors. This Agreement shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the Parties. 4.22 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other Party. 4.23 Medicare, Medicaid, and SCHIP (State Children's Health Insurance Program) Extension Act of 2007 ("MMSEA"). TPA acknowledges and agrees that IRC has an obligation to perform Mandatory Insurer Reporting ("MIR") as set forth in Section 111 of the MMSEA. MMSEA provided for mandatory reporting requirements for group health plan arrangements and for liability insurance (including self-insurance), no-fault insurance, and workers' compensation (see 42 U.S.C. 1395y(b)(7) & (8)). IRC agrees to properly register with the Centers for Medicare and Medicaid Services ("CMS") as the Responsible Reporting Entity ("RRE"), to provide to TPA all relevant information including the RRE, Identification Number(s) assigned, and to properly designate a MIR reporting agent acceptable to TPA. IRC agrees that for each and every claim reported to TPA in which IRC possesses the information, TPA shall provide the following information as soon as required to comply with applicable law and avoid fines and penalties: claimant's first and last name, social security number, date of birth and gender. IRC consents to the disclosure of any required information to TPA's designated third party for processing IRC's MIR. 4.24 Funds for Payment of Claims. IRC has the sole obligation and responsibility for funding the payment of claims made by its employees in accordance with the Workers' Compensation Law as adopted and amended by the State of Florida and the applicable rules and regulations as promulgated by the applicable agencies of the State of Florida relating to the Workers' Compensation Law. TPA assumes no duty to fund any such claims at any time and shall have no obligation to advance funds for any such payment. IRC agrees to inform TPA of all relevant details with respect to any such accounts in order to TPA to perform its duties under this Agreement. TPA will analyze the account from time to time and will submit advisory reports, including any deficiencies to the account. As a result of the advisories, the IRC agrees to fund any increase within thirty (30) days of notification. In the event of cancellation or nonrenewal of this Agreement, IRC agrees to fund an amount sufficient to fund all of IRC's outstanding obligations as they become due. If, at any time, IRC or its carrier fails to provide adequate funding, TPA may issue "stop payment" orders on outstanding payments. Any bank charges resulting from inadequate funding including, but 95 not limited to, interest, stop payment charges and overdraft fees shall be the obligations of IRC and shall be paid by IRC upon demand by TPA. If IRC on more than one occasion fails to provide adequate funding, TPA shall have the right to convert IRC's program to either daily clearance or voucher upon 48 hours notice to IRC. This right shall be without prejudice to other rights of TPA under this Agreement. 4.25 Notice. When any of the Parties desire to give notice to the other, such notice must be in writing, sent by U S Mail, postage prepaid, addressed to the Party for whom it is intended at the place last specified. The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: As to IRC Risk Manager Indian River County BOCC 1800 27th Street Vero Beach, FL 32960 As to TPA Beverly Adkins, Executive Vice President Johns Eastern Company, Inc. Post Office Box 110259 Lakewood Ranch, FL 34211-0004 ARTICLE 5 — SPECIAL CONDITIONS FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES 5.1 Compliance with Rules of Division of Workers' Compensation. TPA shall be responsible for compliance with all rules and regulations promulgated by the various state agencies prescribing the practices and procedures of self -insurer service companies. TPA shall also be responsible for all required EDI DWC reporting. TPA shall reimburse IRC for payment of any fines, penalties or assessments assigned by the State of Florida, or other regulatory agency, for failure to comply with such rules and regulations, including EDI reporting, associated with the performance or responsibility of TPA. 5.2 Scope of Services. Except as otherwise provided in this Agreement, TPA shall, for the duration of this Agreement, provide all of the services described in Attachment A to this Agreement, Worker's Compensation Claims Administration Scope of Services. 5.3 Obligations Not Terminated By Term of Agreement. TPA will provide service on all claims occurring during, or before, the term of this Agreement and until thirty (30) days after the 96 termination of this Agreement (including renewals, extensions or replacements thereof), all legally required reports for the contract period rendered, and all required reports to appropriate agencies. The compensation of TPA paid for services during the term of this Agreement includes the full compensation for such continuing obligations and, except as noted herein, no additional consideration shall be due for such obligations which extend beyond the term of this Agreement. 5.4 Performance Reviews. Except as otherwise provided in this Agreement, TPA and IRC agree that periodic Performance Reviews will be conducted in accordance with the processes and guidelines described in Attachment C, Claims Administration Services Performance Reviews. ARTICLE 6 — SPECIAL CONDITIONS FOR THIRD PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES 6.1 Scope of Services. Except as otherwise provided in this Agreement, TPA shall, for the duration of this Agreement, provide all of the services described in, Attachment B to this Agreement, Third Party Claims Administration Scope of Services. 6.2 Obligations Not Terminated By Term of Agreement. TPA will provide service on all claims occurring during, or before, the term of this Agreement and until thirty (30) days after the termination of this Agreement (including renewals, extensions or replacements thereof), all legally required reports for the contract period rendered, and all required reports to appropriate agencies. The compensation of TPA paid for services during the term of this Agreement includes the full compensation for such continuing obligations and, except as noted herein, no additional consideration shall be due for such obligations which extend beyond the term of this Agreement. Upon exiting, client data will be provided to the new TPA either by a series of attachments to one or more email messages containing zip files which can be password -protected or via CD ROM or the most current means of providing data. The cost for this will be no greater than $3,500. IRC will be billed for any additional programming to help in data transfer. ' 6.3 Performance Reviews. Except as otherwise provided in this Agreement, TPA and IRC agree that periodic Performance Reviews will be conducted in accordance with the processes and guidelines described in Attachment C, Claims Administration Services Performance Reviews. 97 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA by and through its Chairman, and JOHNS EASTERN COMPANY, INC., by and through its duly authorized representative. FOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, FLORIDA By: Chairman On this day of , 2019 FOR JOHNS EASTERN COMPANY, INC. By: Executive Vice President Attest: By: Secretary On this day of , 2019 98 ATTACHMENT A WORKERS' COMPENSATION CLAIMS ADMINISTRATION SCOPE OF SERVICES ADMINISTRATIVE SERVICES TPA will provide the following administrative services: 1. In accordance with state mandated time frames, prepare (with IRC's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. In accordance with state mandated time frames, prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal). 3. Prepare, maintain, and file statistical or otherrecords and reports as required by IRC's excess insurers. Report claims to IRC's excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the reports to IRC. Follow specific written investigation procedures for any case for which excess Workers' Compensation insurers require specific notification or investigation. It is the responsibility of IRC to provide accurate coverage information regarding any insurance policies insuring claims covered by this Agreement. New insurance information on renewal years will be made within 90 days of renewal date. Excess information will include name and claims reporting address and phone number of all carriers, policy number, effective dates, limits of liability, deductibles, specific retentions and loss funds. Actual polices will be provided. This information is required for each claim year that TPA is handling for IRC. If this information is not made available as outlined in this paragraph, TPA will not be responsible for any penalties, interest, or reductions in excess recoveries because of late reporting. 4. In accordance with state mandated time frames, prepare, maintain, and file statistical information required by Workers' Compensation Rating Bureaus or appropriate state agencies, including electronic data interface (EDI) and data necessary for the promulgation of experience modifications. 5. Comply fully with all rules, regulations, guidelines or procedures established by IRC and the State of Florida, including EDI. 6. Provide IRC, annually, with the latest paylag report from the State of Florida. 7. Annually, provide IRC with a SSAE-18 audit as required by the financial auditors. 8. Prepare and follow provisions specific to IRC, for approval by IRC, for ensuring services in the event of an emergency; e.g., hurricane preparedness, including how TPA services will continue, 99 how IRC's employees will be paid indemnity in advance, and how they will be instructed on obtaining medical care. 9. Provide advance notice and coordinate in advance with IRC any internal audits associated with the Workers' Compensation program. 10. Assist IRC with its Return to Work program, including identifying return to work opportunities and appropriate use of outside vendors. CLAIMS SERVICES TPA will provide the following claims services: 1. Establish reporting procedures which are compatible with the needs and organizational structure of IRC. 2. Provide necessary forms and instructions for use. 3. Provide customer service lines with a toll-free line for employees. 4. Develop specific service instructions with IRC for the handling of IRC's claims Develop specific service instructions with IRC for the handling of IRC's catastrophic claims. 5. Conduct such investigation into the specifics of each individual report of employee injury as in the exercise of professional judgment would seem necessary. Enhanced efforts shall be taken to identify possible fraudulent claims including recorded statements from claimants and discussions with the claimant's supervisors. 6. Subject to the exercise ofprofessional judgment, accept and settle or deny all reported claims for employee injuries on behalf of IRC in accordance with the applicable Workers' Compensation Law or law of damages. When it appears the final value of any claim will exceed a discretionary limit of $10,000, IRC shall be notified and the final decision for settlement shall rest with IRC. Any settlement is to include preparation and actuation of all necessary stipulations, compromise, and release agreements. 7. IRC may select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. (a) IRC may select specific vendors and pricing schedules for the following services: Legal services, Translation services, Transportation services, Surveillance and Investigation services, Medicare Set -Aside services and Court Reporting services. (b) TPA will review all bills for such services for reasonableness and conformity to any pre- established rates or fees and will adhere to any set pricing schedules. 100 (c) TPA will work collaboratively with these outside professionals, including data sharing, portals and other methods for sharing information. If there are any programming fees associated with sharing this data, IRC or the outside professionals will cover these costs. 8. Review all medical bills and bills for other services for which a claim is being made for reasonableness and conformity to rules, regulations, and legally imposed medical and surgical fee schedules. 9. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 10. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The adjuster handling the claim file will provide an updated written file note within 48 hours after the hearing, deposition, mediation or other proceeding. 11. At the request of IRC, provide a complete copy of all files involving litigation, potential or actual subrogation, or potential or actual recovery from special or second injury funds to the Risk Manager or the designee thereof 12. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity and/or recovery from special or second injury funds on behalf of IRC. 13. Periodically as appropriate, but at least every quarter, review all open cases and complete a strategic action plan in order to assist in the settlement of the cases. Such written reviews shall include a review and verification of outstanding reserves. A written summary of the review shall be documented in the open case file and shall be provided to IRC within ten working days after the end of the period for which the report is being made. 14. Provide access to rehabilitative services for injured employees including consultation for retraining or reassignment of employees with limited physical performance arising from covered injuries. 15. The supervising adjuster shall meet with IRC 's Risk Manager, or the designee thereof, to consult with and refer all questionable or contested cases and those with an estimated value in excess of $10,000. 16. Aid in communications/coordination with IRC's safety and loss control program staff as necessary including providing claims data needed to target safety and prevention initiatives. 101 17. Conduct adequate, timely and complete 24 hour contact in the investigation of lost -time claims and 48 hour contact in the investigation of medical -only claims. (24/48 hours from first notice to WC management organization, not 24/48 hours from when adjuster received). 18. Pay vendor bills (attorneys, surveillance, etc.) within 30 days. 19. Develop and follow appropriate written policies when (i) the injured employee requests a second opinion, (ii) medical evaluation is questioned, or (iii) grievance report is filed. 20. Assist, as appropriate, in the scheduling of independent medical examinations. 21. Monitor the purchase of items deemed to be medically necessary for the accommodation of an injured employee and obtain approval from the Risk Manager for those items with a cost greater than $10,000. 22. Follow all provisions of Florida Statute in regard to medical benefit entitlement and administration. FIRST NOTICE OF INJURY SERVICES TPA will provide the following administrative services: 1. Provide internet based claim reporting and intake capabilities. Send First Notice of Injury to the State of Florida in a timely manner TPA must accept responsibility for penalties for late notice to the State of Florida when caused by other than the delay of IRC. 2. Receive and examine on behalf of IRC all reports of employee injury claims. Refer injured workers to appropriate medical services, and as appropriate and based upon pre -established criteria agreed upon by IRC. Provide immediate referral to network specialty medical providers for injuries. 3. Coordinate data between first report of injury and claims administration system. 4. The on-line claim security shall permit on-line input of accident reports by IRC. TELEPHONIC MEDICAL MANAGEMENT TPA will provide the following services: 1. Telephonic Nurse Case Management services will be provided by TPA staff for all lost time and select medical only claims. 2. Pre -Certification of Hospital Admissions. 102 LOSS STATISTICS SERVICES TPA shall provide IRC with the ability to access comprehensive on-line, real-time electronic claim information data, including reporting capabilities, at no additional cost to IRC. TPA shall provide IRC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to IRC. TPA agrees that IRC shall have real-time access to all claim files, including all adjuster notes, supervisory notes, field case management notes, diary items, payment records, medical bills and expense bills in an electronic manner with internet based access available to IRC. NETWORK ACCESS & DEVELOPMENT SERVICES TPA will provide the following network access and development services: 1. Provide IRC access to a provider network that contains appropriate providers. TPA must assure that high quality providers, particularly in key specialties, are encouraged to participate in the network. TPA will work with providers to develop contractual agreements which include preferred appointment setting criteria, reporting and standards to best address the medical and rehabilitative needs of IRC injured employees. Key specialties include internists, orthopedics, neurology, neurosurgery, occupational medicine specialties, pulmonology, infectious disease specialists, ear/nose/throat specialists, allergists, psychiatry and psychology. On an annual basis, the TPA and IRC will meet and agree upon discounts, types of specialists and key providers to be added to the network. MEDICAL BILL REVIEW AND AUDIT SERVICES TPA will provide the following medical bill review and audit services: 1. For Medical Bill Review: (a) Promptly review medical/surgical bills (in and out of network) for accuracy including, but not limited to, as they relate to the following: (i) Duplicate billings (ii) Unbundling of charges (iii) Upcoding of charges (iv) Approval and appropriate precertification. (b) Review all medical bills that: (i) Are not subject to fee schedule coding (ii) Are for services not specifically addressed in the fee schedule (iii) Need an in-depth medical interpretation of the rules and regulations (iv) In the exercise of professional judgment, specifically warrant review. (c) Process, pay and mail bills within 45 days of receipt. 2. Reimburse IRC for any overpayments made in the bill review process within 30 days of identification of overpayment. Reimburse IRC for any penalties and/or interest associated with inaccurate payments. 3. For Medical Auditing Services: (a) Audit in -network and out -network hospital/provider bills (i) Exceeding $25,000 (ii) Others at TPA's discretion or specific request by IRC for accuracy and appropriateness (b) Develop and follow written policies on how late charges, no show charges and special payment arrangements are to be handled 4. Develop and provide communication materials to explain the policies and procedures of the Medical Bill Review and Audit Services to: (a) IRC (b) Medical providers 5. Develop and follow written grievance procedures for provider concerns. PHARMACEUTICAL MANAGEMENT SERVICES TPA shall recommend a prescription benefit management (PBM) vendor which: 1. Provide IRC injured workers access to a pharmacy network of local and national pharmacies with agreed upon discounted prices for drugs. Provide IRC injured workers with communication materials, including pharmacy cards, to assure proper information is available for prompt dispensing of and proper coding and billing of pharmaceuticals. 2. Provide IRC with pharmacy specific reporting on a quarterly basis of generic/brand utilization, network penetration, narcotic usage and other detailed reports as agreed between the parties. 3. Develop appropriate utilization review procedures in real time to assure dispensed drugs are appropriate for injury, timely dispensing and concurrent review for medical interactions. 104 ATTACHMENT B THIRD PARTY LIABILITY CLAIMS ADMINISTRATION SCOPE OF SERVICES ADMINISTRATIVE SERVICES TPA will provide the following administrative services: 1. Prepare (with IRC 's assistance) and file with the appropriate state agencies all applications, bonds, documentation, and data required (if any) for implementation and continuance of the program. 2. Prepare, maintain, and file all records and reports as may be required by legal authorities (state, local, and federal) including Form 1099 and all reporting required for Medicare Secondary Payor provisions. 3. Prepare, maintain, and file statistical or other records and reports as required by IRC's excess insurers. 4. Prepare, maintain, and file statistical information required by Rating Bureaus or appropriate state agencies. 5. Comply fully with all rules, regulations, guidelines or procedures established by IRC and the State of Florida. CLAIMS SERVICES TPA will provide the following claims services: 1. Establish reporting procedures which are compatible with the needs and organizational structure of IRC. 2. Provide necessary forms and instructions for use. 3. Be available on a 24 hour basis, and provide immediate response to claims investigation requests through use of email or cellular telephones. 4. Provide a toll-free customer service line for employees. 5. Prepare and follow a work plan that has been approved by IRC in the handling of IRC's claims. Prepare and follow a work plan that has been approved by IRC in the handling of IRC's catastrophe claims. 105 6. Receive and examine on behalf of IRC all reports of third party claims including claims by an employee of one Insured against another Insured. 7. Report claims to IRC's excess insurer(s) in accordance with the requirements of the excess insurer(s). Provide a copy of the report to IRC. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. It is the responsibility of IRC to provide accurate coverage information regarding any insurance policies insuring claims covered by this contract. New insurance information on renewal years will be made within 90 days of renewal date. Excess information will include name and claims reportingaddress and phone number of all carriers, policy number, effective dates, limits of liability, deductibles, specific retentions and loss funds. Actual polices will be provided. This information is required for each claim year that TPA is handling for IRC. If this information is not made available as outlined in this paragraph, TPA will not be responsible for any penalties, interest, or reductions in excess recoveries because of late reporting. 8. Within 24 hours after notification of a serious (one requiring more than first aid) third party bodily injury claim, contact the claimant by telephone or in person. Within two working days after notification of any other third party claim, contact the claimant by telephone or in person. 9. Subject to the exercise of professional judgment, accept and settle or deny all third party claims on behalf of IRC. When it appears that the claim is questionable or contested or the final value of any claim will exceed a discretionary limit of $10,000, IRC shall be notified and the final decision for settlement shall rest with IRC or its designee. Any settlement is to include preparation and actuation of all necessary compromise and release agreements. 10. Conduct such investigation, field or telephonic, as in the exercise of professional judgment would seem necessary. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. 11. IRC may select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. (a) IRC may select specific vendors and pricing schedules for the following services: Legal, Surveillance and Investigation services, and Medicare Set -Aside (CMS) services. (b) TPA will review all bills for such services for reasonableness and conformity to any pre- established rates or fees and have the ability to adhere to any set pricing schedules. (c) TPA will work collaboratively with these outside professionals. IRC will be involved in the selection process for such outside professionals and will be involved in establishing effective utilization decision making criteria. 106 12. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 13. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The attorney or other party representing IRC shall provide a written report to IRC within ten working days after the hearing, deposition, mediation or other proceeding. The adjuster handling the claim file will provide an oral report to IRC within ten working days after the hearing, deposition, mediation or other proceeding. 14. Pay in a timely fashion all claims and expenses pertaining to IRC's claims. 15. At the request of IRC, provide a complete copy of all files involving litigation, potential or actual subrogation, to the Risk Manager or the designee thereof 16. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third party liens, contribution or indemnity on behalf of IRC. Services for Automobile Liability shall include the pursuit of subrogation on behalf of IRC for Automobile Physical Damage losses. 17. Periodically as appropriate, but at least every six months, review all open cases in and complete a strategic action plan in order to assist in the settlement of the cases. Such written review shall include a review and verification of outstanding reserves. A written summary of the review shall be documented in the open case file and shall be provided to IRC within ten working days after the end of the period for which the report is being made. 18. The supervising adjuster shall meet with IRC's Risk Manager, or the designee thereof, to consult with and refer all questionable or contested cases and those with an estimated value in excess of $10,000. LOSS STATISTICS SERVICES The TPA shall provide IRC with the ability to access comprehensive on-line, real-time claim information data, including reporting capabilities, at no additional cost to IRC. The TPA shall provide IRC with regular monthly reports, as agreed upon by the parties, in such a format as is acceptable to IRC. The on-line claim security shall permit on-line input of accident reports by IRC. The TPA agrees that IRC shall have on-line, real-time access to all claim files, including all adjuster notes, supervisory notes, diary items, payment records, medical bills and expense bills in an electronic manner with interne based access available to IRC. 107 ATTACHMENT C CLAIMS ADMINISTRATION SERVICES PERFORMANCE REVIEWS The TPA and IRC agree that Performance Reviews will be conducted after the first year of operations. Each Performance Review will involve Claim File Reviews and an overall Program Management Review. Performance Reviews will be conducted by the Risk Manager, or the designee thereof. In the Claim File Review process, for each claim file that is reviewed, the reviewer will assign a score from 0 to 100 based upon the criteria outlined in this Attachment B. At the conclusion of reviewing all selected claim files, an average score for all claim files reviewed will be calculated. In the Program Management Review process, a separate single score between 0 and 100 will calculated. The average score for the Claim File Reviews will account for 90% of the overall scoring for the Performance Review. The total score for the Program Management Review will account for 10% of the overall scoring for the Performance Review. As an example, if the average WC Claim File Review score is 86 points, and the average Third Party Liability Claim File Review score is 90 points, and the Program Management Review score is 70 points, the total score will be calculated as follows: Third Party Liability Claim File Review WC Claim File Review average Program Management Review Total Weighted Review Points 90 points times 40% weight = 86 points times 50% weight = 70 points times 10% weight = The penalties will be based upon the Total Weighted Review Points. 36.0 points 43.0 points 7.0 points 86.0 points IRC will perform one Performance Review for each annual period of the contract. The following chart outlines the expected review schedule. IRC retains the right, at its sole discretion, to perform such reviews at any time. Performance Review Performance Period Total Weighted Review Points Penalty 1 Months 1 — 12 of Contract 80 1% 2 Months 13 — 24 of Contract 90 1% 3 Months 25 — 36 of Contract 95 1% 4 * Months 37 — 48 of Contract 95 1% 5 * Months 49 — 60 of Contract 95 1% * If agreement extension authorized by IRC. Failure to perform at or above expected levels for the Performance Reviews will result in a financial penalty of 1% of the amount that was charged by the TPA for the performance period. Any financial penalties will be credited to future amounts invoiced by the TPA to IRC. 108 The Performance Reviews will measure objective performance standards which are easily identified and measured. After each Performance Review is performed, the TPA will meet with the IRC Risk Manager and/or designee to discuss initial evaluation results. The TPA will be given an opportunity to factually rebut the initial findings. Thereafter, a final tally of the review results will be prepared. A minimum Total Weighted Review Points of 80 is expected in the first annual period ofthe contract. The minimum Total Weighted Review Points is raised to 90 on the second annual period, and 95 for periods thereafter. Failure to meet these average compliance expectations will result in the penalty noted above. THIRD PARTY LIABILITY CLAIM FILE REVIEWS The Claim File Review will include 20 randomly selected claim files. The make-up of the files selected for each review will be at least 50% open files. At least 50% of the selected files will have recent (within performance period) dates of occurrence and remaining selected files will have dates of injury more than 12 months prior to the performance period. Each claim will generate a score ranging from 1 to 100 points. All timeliness standards of performance are stated in business, not calendar, days. In any instances where a standard is not applicable to a particular claim file, the file will be awarded the appropriate point(s) for that standard. Only transactions that are paid or processed during the performance period will be subject to scoring. 1. Claim Receipt, Recording & Contact Assigned (20 Points) The TPA will document claims intake information on all liability claims, enter the claim into the system, properly code claim, assign claim number and assign adjuster. This information will be available electronically within one business day of receipt of claim intake information. A minimum of "three attempts" by the claims adjuster to contact the appropriate claimant(s), employees, and/or supervisor will be considered a "contact," if followed up with appropriate correspondence and documented in the file within the measurement period. 2. Document Subrogation Recovery Potential (10 Points) Adjusters will document subrogation, contribution, and/or coordination of benefits recovery potential in the claim file within fourteen (14) days of claim receipt. 3. Litigation Management and Communication/Documentation (10 Points) Claims adjusters will "address" litigation within two (2) days of litigation receipt. This will mean a referral to the appropriate legal counsel for assignment within two (2) days. 109 4. Direction Within Fourteen (14) Days of Claim Receipt (20 points) For liability claims, within fourteen (14) days of receipt of the claim, the claims adjuster will document appropriate specific direction for the investigation and handling of the case. 5. Reserves — Documentation, Routine/Appropriate Updates (20 Points) Within 72 hours of receipt of the claim, initial reserves for the file should be set; thereafter, reserves will be reviewed on an on-going basis, and, at a minimum of 30 days from 72 hour review, 30 days from 30 day review, 60 days from last 60 day review and every 6 months thereafter. Any increase or decrease of reserves by $10,000 or more requires notice to the Risk Manager, or designee. The file should document such notice when appropriate. 6. Excess Insurer Communication, Documentation and Recovery (20 Points) TPA will provide documentation of compliance with all reporting requirements of excess insurers. All claim files with total incurred experience projections exceeding self-insured retention for date of injury will document appropriate communication with excess insurance. All required and appropriate information will be provided to excess insurers. TPA will file for reimbursement from excess insurer for each claim file when total payments exceed self- insured retention. Initial filing for reimbursement will occur within 90 days of when total payments exceeded self-insured retention. TPA will follow-up with excess insurer every 90 days until all excess insurance reimbursements have been received by IRC. WORKERS' COMPENSATION CLAIM FILE REVIEWS The Claim File Review will include 50 randomly selected claim files. The make-up of the files selected for each review will be at least 50% open files. At least 50% of the selected files will have recent (within performance period) dates of injury and remaining selected files will have dates of injury prior to the beginning of the performance period. Each claim will generate a score from 1 to 100 points. All timeliness standards of performance are stated in business, not calendar, days. In any instances where a standard is not applicable to a particular claim file, the file will be awarded the appropriate point(s) for that standard. Only transactions that are paid or processed during the performance period will be subject to scoring. MEDICAL MANAGEMENT/CONTROL — 32 Points 1. Timely Medical Bills and Records (8 Points) The TPA will review bills, invoices, and other claims for payment submitted by health care providers to identify proper authorization, over utilization, underutili7ation and billing errors and will adjudicate/pay those bills and mail (postmark) payments within 45 days. Bills will be properly coded. 110 2. Medical Plan of Action Documentation (8 Points) A written plan of action must be established jointly between the adjuster and, as appropriate, supervisor or case manager within the following intervals: a. Within 10 days of the TPA's knowledge of a claim, b. Within 30 days of the TPA's knowledge of a claim, c. At quarterly intervals thereafter, as long as a claim remains open. The plan of action must include, as appropriate, the medical resources required (field nurse case manager, specialist referral, transportation, attendant care, etc.), the diagnosis, prognosis, proposed treatment plan, authorized physicians and other providers, description and cost of prescribed medications, the Medicare set aside strategy and anticipated MMI, current work status and stay -at -work or return -to -work plan. File documentation will include a clear understanding by adjuster direction, strategy and "who" is going to do "what" to ensure successful result. End result desired or expected will be clearly documented. 3. Timely Care/Treatment/Quality Referral & Authorization Process (8 Points) Needed medical appointments with specialists, physical therapists, diagnostic tests, etc. must take place within 7 days of a request for service by an authorized party and appropriate to the diagnosis. If appointment for appropriate service is not available within 7 days of request/referral, file must document reasonable attempts to procure such appointment. The TPA must provide a substantive and written cover letter and chronologically arranged medical records to any independent medical examiner at least 5 days prior to an independent medical examination appointment date or, as appropriate, provide the documents in a timely manner to defense counsel on the appointments that they are to schedule. The information assembled must be thorough and provided in such a manner as to be meaningful and self- explanatory. 4. Stay-at-Work/Return-to-Work Communication & Documentation (8 Points) The IRC Workers' Compensation Coordinator must be notified in writing, no later than the next business day of the TPA's knowledge, that an employee has been given limitations/restrictions or other altered duty status. The file must always clearly document work status. CLAIMS MANAGEMENT — 36 Points 1. Timely Reporting, Quality Contact (for new claims) (8 Points) Adjuster will make timely (within 24 hours for lost -time and 48 hours for medical -only, but not later than the next business day excluding weekends and holidays), appropriate, and meaningful contact with the injured employee, site supervisor and physician. File will 111 document this contact. If contact is not made, file will document attempts at contact. Documentation will include, but not be limited to, documentation of compensability, mechanism of injury, medical necessity of medical care, orientation of the injured worker, duty status, as well as evidence of meaningful medical, educational, vocational and societal background information relevant to the ability of the injured employee to return to his or her usual occupation. 2. Recovery Activity/Subrogation (4 Points) All possible avenues of subrogation/recovery will be thoroughly explored with appropriate follow-up diaries. Employees prior claim history will be investigated and clearly documented in file. 3. Documented Communication (4 Points) Evidence/documentation of routine and effective communication between all interested parties involved in the claim: adjuster, nurse case manager, physicians and other health care providers, employer, employee, legal counsel, etc. Information requested from interested parties should be aggressively pursued. When the information is not provided in a reasonable amount of time, follow-ups for the requested information should be sent at regular intervals until the information is provided or the matter otherwise resolved. The file should be clearly documented with the date and description of each new request or follow-up. 4. Litigation Management (4 Points) Evidence of proactive litigation activity and plan (i.e., claim management not "abandoned" to defense counsel) and reasonable efforts should be documented and readily evident from the claim file. File will reflect timely response to all legal filings, legal correspondence and proceedings. File will include evidence of a litigation action plan from defense counsel. 5. Overall Claim Documentation (8 Points) Claim file documentation must be meaningful and self-explanatory. A "The file must speak for itself' standard will be kept at all times. Actionable events (new information, transactions, correspondence and communication, actions, etc.) must be documented in real-time (i.e., same day). 6. Supervisor, Manager Involvement (8 Points) Appropriate supervisory/management involvement will be documented in claim file. Supervisory/management directives will include initial assignment and subsequent directives will include involvement in evaluating reserves, involvement in strategic planning and disposition of claim. Requests by the supervisor/manager for information from interested parties, and follow-ups for that information, should be timely and clearly documented with a date and description of each request and follow-up. FINANCIAL MANAGEMENT — 32 Points 112 1. Reserves (8 Points) A comprehensive reserve analysis must be prepared and be included as part of the claim file within the following intervals: a. Within 10 days of the TPA's knowledge of a claim, b. Within 90 days of the TPA's knowledge of a claim, c. At 6 month intervals thereafter, as long as a claim remains open, and d. At any time, where in the TPA's professional judgment, a claim event has occurred requiring a reserve increase or decrease. 2. Medical Payments (8 Points) Medical reimbursement made on behalf of IRC must be in accordance with contracted rates or the Florida Fee Schedule. Medical reimbursement includes reimbursements for physician office visits, surgeries, pharmaceuticals, physical therapy, and other medical treatments. A random sampling of medical reimbursements paid for each claim file will be reviewed. 3. Indemnity Payments (8 Points) Determination of the injured employee's proper average weekly wage and compensation rate must be made within 10 days of TPA's receipt of the wage statement is required by Statute/Administrative Code. Thereafter, timely indemnity payments will be documented. 4. Expense Payments (8 Points) Appropriate use/management of support resources will be reviewed. This will include the use of all vendors/resources enlisted and paid as an allocated loss adjustment expense (ALAE) or a legal expense such as defense counsel, surveillance, translators, Medicare set-aside services, transportation services, etc. To the extent a preferred panel ofproviders of these services has been established by IRC, use of preferred providers and contracted rates will be reviewed. PROGRAM MANAGEMENT REVIEW REPORTING & COMMUNICATIONS — 35 Points 1. Routine Meetings (15 Points) The TPA will establish and conduct routine meetings with the Risk Manager, or designee, to review progress of the program, review financial indicators of the program, review legislative issues relevant to the program and to discuss any open issues. Meetings will, as appropriate, include sub -contractors of the TPA involved in the program. Agendas will be developed in advance of the meetings and minutes of meetings will be kept. Attendance via teleconference meets this requirement. 2. Monthly & Quarterly Reporting (15 Points) IRC and TPA will develop a written listing of reports to be provided by the TPA to IRC. The 113 written listing of reports will include information regarding the timing of reports and distributions of reports. This will include reports from subcontractors, as appropriate. 3. Reporting and Reimbursement of State of Florida Penalties (5 Points) TPA will provide quarterly reporting to IRC of all penalties paid by the TPA to the State of Florida. The report will include documentation of the reason for the penalty and describe the responsibility. TPA will promptly reimburse IRC for penalties for which the TPA's actions are responsible. STAFFING — 20 Points 1. Caseloads (10 Points) Average assigned caseloads for adjusters will not exceed 170 open claim files. Medical only adjuster case load will not exceed 250 open claim files. 2. Communications Regarding Assigned Staff (10 Points) TPA will provide notice to Risk Manager of all staff changes relating to the management of IRC claims. PROVIDER NETWORK EFFECTIVENESS —15 Points 1. Ability to Get Appointments Quickly (10 Points) TPA agrees that it will design, establish, maintain and administer a provider network through which treatment, services and supplies will be provided in a reasonably timely manner. TPA agrees it will clearly document in the file any difficulties in obtaining timely treatment, services or supplies and any and all efforts to procure alternatives to such treatment, services or supplies. 2. Management of Non -Standard Fee Agreements (5 Points) TPA will document all non-standard fee agreements for medical services. TPA agrees that any and all non-standard fee agreements must be reviewed and approved by IRC prior to receipt of treatment, services or supplies. TPA shall clearly document IRC's approval in the file. EXCESS INSURANCE — 30 Points 1. Reporting (10 Points) TPA will provide documentation of compliance with all reporting requirements of excess insurers. 2. Documentation of Appropriate Communications with Excess Insurers (10 Points) All claim files with total incurred experience projections exceeding the self-insured retention for date of injury will document appropriate communication with excess insurance. All 114 required and appropriate information will be provided to excess insurers. 3. Prompt Reimbursement of Excess Insurance (10 Points) TPA will file for reimbursement from excess insurer for each claim file when total payments exceed self-insured retention. Initial filing for reimbursement will occur within 90 days of when total payments exceeded self-insured retention. The TPA will follow up with excess insurer every 90 days until all excess insurance reimbursements have been received by IRC. 115 ATTACHMENT D ALLOCATED CLAIMS EXPENSES The TPA and IRC agree that the following are acceptable Allocated Claims Expenses. The TPA Fee, as shown in Article 3 of this Agreement, does not include Allocated Claims Expenses. Attorneys' and legal assistance' fees for claim and any lawsuits, before and at trial, on appeal, or otherwise; Court and other litigation settlement expenses, including, without limitation: • Medical examination to determine extent of liability, • Expert medical and other testimony, • Laboratory, X-ray and other diagnostic tests, • Autopsy, surgical reviews, and other pathology services, • Physician related fees and expenses in reading, interpreting, or performing any of the foregoing tests or services, • Stenographer, process server, and other related trial preparation, trial, settlement, and court costs, • Witness fees and expenses before and at trial, deposition, settlement discussions, or otherwise, and • Fees and expenses for surveillance, private investigators, or otherwise; Fees for any work done outside the office, including, but not limited to, field investigations necessary to determine compensability, liability, Special Disability Trust Fund or subrogation recoverability, claimant control, attendance at mediations, hearings and depositions, attendance at management meetings, attendance at medical consultations or hearings, appraisals, case management, recorded statements; Fees for field investigation will be $105.00, $0.55 a mile and $1.00 per photograph, and administrative expenses; Handling of property claims during a catastrophe will be billed based upon the catastrophe schedule in effect at the time of the catastrophe. Fees for over -night or special mail services for various documents; Field Case Management Services, Peer Review Services, Medical Care Audits or Hospital Bill Audits; Medicare Set -Aside (MSA) services to include: MSA cost projections, MSA submission, liability MSA services, comprehensive drug utilization review, lien search, conditional lien dispute and projection updates. 116 June 4, 2019 Ms. Beth Martin Risk Manager Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 Subject: Recommendation — JECO Agreement Renewal Dear Ms. Martin: Siver Insurance Consultants (Siver) is pleased to provide Indian River County (the County) with our recommendation regarding the September 30, 2019 expiration of the Agreement between the County and Johns Eastern Company (JECO) for workers' compensation and third party liability claims management services. BACKGROUND JECO has been the claims administrator for the County since approximately 2005. In 2016, Siver performed a detailed review of JECO's claims handling and recommended continuation of the agreement with them at that time. This year, we have reviewed your claims counts and payment for the last three years. We have also discussed JECO's services with you to determine your level of satisfaction with the quality of their claims handling and service. Based upon our review, we recommend that the County continue to utilize JECO for claims administration services for the Workers' Compensation and Third Party Liability claims. 117 RECOMMENDATION We recommend that the County continue their relationship with JECO. recommendation is based upon the following factors: • DECO has agreed to annual flat fees of o 2019/2020 $218,545 o 2020/2021 $225,102 o 2021/2022 $231,855 This represents a 3% increase for each year. It is our opinion that this is reasonable in today's market and based upon the quality of service and staffing provided by JECO. • JECO has agreed to Agreement terms with include annual flat fees, a detailed scope of services and detailed performance standards. • Members of the JECO staff (adjusters, supervisors and management) who handle the County's claims, have been working with the County for many years. This knowledge of past events is valuable. CLOSING We appreciate the opportunity to provide the County with our opinion. If you have any questions or need any additional information, please let us know. Respectfully, SIVER INSURANCE CONSULTANTS §"a© Kathy Gordon, ARM, AAI Vice President I:\Client\IRC2P\2019UECO Renewal'June 4 Ltr Martin Renewal.doc 118 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: June 7, 2019 Subject: Miscellaneous Budget Amendment 012 Description and Conditions 1. On June 5, 2019 the Property Appraiser's Office advised the Budget Office of the reallocation of their 18/19 budget affecting the General Fund, Emergency Services District and Land Acquisition Fund. Although their total budget remains unchanged, there is a decrease of $55,523 in the General Fund, an increase of $29,022 in the Emergency Services District Fund and an increase of $4,425 in the Land Acquisition Fund. Exhibit "A" appropriates $29,022 from ESD Fund/Fire Rescue/Reserve for Contingency and $4,425 from Land Acquisition Bonds/Cash Forward -Oct 1st 2. The Building Department has requested $180,000 in additional funds to fund private provider inspectors for the remainder of the fiscal year. The Building Inspectors are currently understaffed due to an increasing inspection load. Additionally, $90,028 is needed for mid -year funding of the newly approved building liaison & inspection coordinator position along with increased overtime. Exhibit "A appropriates funding of $270,028 from Building Dept./Cash Forward -Oct 1St 3. On June 4, 2019, the Board of County Commissioners approved the Sheriffs request for $72,725 to be withdrawn from the Special Law Enforcement Trust Fund to be used to purchase equipment and support programs and agencies. Exhibit "A" appropriates the funding from Special Law Enforcement Fund/Cash Forward -Oct 1St 4. Petition Paving Assessments were received in the Transportation Fund and need to be transferred to the Secondary Roads Fund which were the original source of project funds. Exhibit "A" appropriates the funding of $157,881. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018-2019 budget. 119 RESOLUTION NO. 2019- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2018-2019 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2018-2019 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2018-2019 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2018-2019 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D.O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2019. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Bob Solari, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATT'E NEY Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 012 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Land Acquisition Fund/Cash Forward -Oct 1st 245039-389040 $4,425 $0 Expense Land Acquisition Fund/Budget Transfer/Property Appraiser 24511786-099060 $4,425 $0 Emergency Services District/Fire Rescue/Budget Transfer - Property Appraiser 11412022 -099060 $29,022 $0 Emergency Services District/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $29,022 2. Revenue Building Dept/Cash Forward -Oct 1st 441039-389040 $270,028 $0 Expense Building Dep/Regular Salaries 44123324-011120 $16,530 $0 Building Dept/Overtime 44123324-011140 $56,000 $0 Building Dep/Social Security 44123324-012110 $4,497 $0 Building Dep/Retirement 44123324-012120 $5,990 $0 Building Dep/Medicare 44123324-012170 $1,052 $0 Building Dep/Insurance-Life & Health Insurance 44123324-012130 $5,850 $0 Building Dep/Workers Compensation 44123324-012140 $109 $0 Building Dept/Contracted Labor Services 44123324-033470 $180,000 $0 3. Revenue Special Law Enforcement Fund/Cash Forward -Oct 1st 112039-389040 $72,725 $0 Expense Special Law Enforcement Fund/Sheriff-Law Enforcement 11260086-099040 $72,725 $0 121 Resolution No. 2019 - Budget Office Approval: Kristin Daniels, Budget Director Budget Amendment: 012 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 4. Revenue Secondary Roads/Transfer In 109039-381020 $157,881 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $157,881 $0 Expense Secondary Roads/Cash Forward -Sept 30 10919981-099920 $157,881 $0 Transportation Fund/Transfer Out 11119981-099210 $157,881 $0 J i 122 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 31, 2019 SUBJECT: Biosolids Moratorium Extension Ordinance BACKGROUND. Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic sewage sludge from sewage treatment facilities. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. Class B biosolids were recently being land applied in Indian River County, on properties near waterbodies such as Blue Cypress Lake. Blue Cypress Lake is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. 123 Board of County Commissioners May 31, 2019 Page 2 On January 8, 2019, the Board approved an ordinance establishing another 180 day temporary moratorium on the land application of Class B biosolids in the unincorporated areas of Indian River County. The moratorium will expire in July of 2019. During the recent legislative session, the Florida Legislature passed HB 829, which contains language that protects the ability of a county to continue to enforce or extend an ordinance, regulation, resolution, rule, moratorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed or until the effective date of the rules adopted by FDEP, whichever occurs first. Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with HB 829, which will extend the moratorium into January 2020. FUNDING. The cost of publication of the required public notice for the public hearing was $138.57. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 034910). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the draft ordinance. ATTACHMENT(S). Draft Biosolids Moratorium Ordinance 124 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT •ON THE COUNTY'S ECOSYSTEM • IS COMPLETED, WITHIN THE. UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING. FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR. EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and chapter 125, Florida Statutes, counties have broad home rule powers 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; and WHEREAS, the Indian River County Board of County Commissioners ("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; and WHEREAS, Class B biosolids are solid, semi-solid, or liquid materials resulting from the treatment of domestic wastewater sludge from wastewater treatment facilities that contain algae supporting nutrients such as phosphorus and nitrogen; and WHEREAS, phosphorus and nitrogen pollution have been a long term problem for surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Class B biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within areas within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Class B biosolids was being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 125 WHEREAS, in 2018 there were Mycrosystis blooms at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, analyzing historic St. Johns River Water Management District data, has identified a relationship between the increase in land applied biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Class B biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Class B biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Class B biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Class B biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Class B biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Class B biosolids and such owners indicated a good faith willingness to voluntarily cease Class B biosolids land application activities for the duration of the 180 day moratorium; and 126 WHEREAS, on January 8, 2019, the Board approved another ordinance extending the temporary moratorium on land application of Class B biosolids activities; and WHEREAS,, the purpose of this ordinance is to extend the temporary moratorium on land application of Class B biosolids activities, as defined herein, for an additional 180 days, beginning July 12, 2019, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein. Section 2. 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 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 180 days, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning July 12, 2019, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. 127 Section 4. Expiration of Temporary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 180 days from the moratorium effective date set forth in this ordinance, January 7, 2020. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 180 days after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. 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 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. 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 7th day of June, 2019, for a public hearing to be held on the 18th day of June, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted. The vote on this ordinance 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 ordinance duly passed and adopted this 18th day of June, 2019. 128 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 June, 2019. 129 INDIAN RIVER CO ATTO RNEYS OFC 1801 27 TH 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, 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. June 7, 2019 Subscribed and sworn tefore on June 10, 2019: Notary. State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $138.51 Ad No: 0003601082 Customer No: 1310775 PO#: Indian River Press Journal 1801 U.S. 1, Vero Beach , FL32960 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 AUTHOR- IZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPRE HENSIVE REVIEW OF THE IM- PACT ON THECOUNTY'S ECO- SYSTEM IS COMPLETED WITHIN THE UNINCORPORAT ED AREAS OF INDIAN RIVEF COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVID- ING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASSB BIOSOLIDSAPPLI- CATION ACTIVITIES; PROVID- ING FOR EXHAUSTION OF AD- MINISTRATIVE REMEDIES AND PROVIDING FOF SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, June 18, 2019 at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Com- mission 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. 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 COMMIS- SIONERS BOB SOLARI, CHAIRMAN Pub: June 7, 2019 TCN: 3601082 /R9-1 /o/P MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: June 11, 2019 SUBJECT: Public Hearing: Tethering Ordinance Amendment In September 2018, the Board of County Commissioners heard a presentation from Betsy Begens concerning proper and improper tethering practices for dogs. A draft ordinance was presented to the Board and the Board discussed various aspects of tethering dogs and the existing County code on the subject. Staff was directed to meet with Ms. Begens and a meeting was held with Ms. Begens, Tad Stone, Jason Ogilvie and Ilka Daniels from the Humane Society. The group discussed proposed changes to the current ordinance. On April 9, 2019, staff presented the attached proposed ordinance amendment to the Board for consideration and discussion. By a vote of 5-0, the Board directed staff to advertise and schedule a public hearing on the tethering amendment. The advertisement appeared in the Press Journal on June 7, 2019. The Board is to now conduct a public hearing on the tethering ordinance and take testimony from interested parties. The proposed ordinance amendment provides for the following: • Provides a definition for tethering • Prohibits tethering for more than one hour between the hours of 9 am and 5 pm when the outdoor temperature exceeds 90 degrees Fahrenheit. • Prohibits tethering during any severe weather or natural disaster. • Prohibits tethering if the animal is less than 6 months of age. Staff researched whether any of the municipalities in the County have ordinances concerning tethering. Sebastian, Vero Beach and Fellsmere have no tethering ordinances and this ordinance would not apply unless adopted by one of the municipalities. To date in 2019, no tethering violations of the existing ordinance have been issued. In 2018, two violations were issued with eight violations issued in 2017. Unless there would be an egregious violation of the tethering ordinance, Animal Control would issue warnings and provide education about the new tethering requirements. 130 Funding: The only impact to County funds for this item is the cost of $119.70 to advertise for the public hearing and is being paid from Account No. 00125062-034910 (General Fund/Animal Control/ Legal Ads). Recommendation: Staff recommends the Board conduct the public hearing on the proposed tethering ordinance amendment and approve the amendment with any changes deemed necessary. Attachment: Proposed Ordinance Amendment Copies to: Tad Stone, Emergency Services Director Jason Ogilvie, Animal Control Manager Ilka Daniels, Humane Society of Vero Beach/Indian River County Betsy Begens 131 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302, ANIMAL CONTROL, INDIAN RIVER COUNTY CODE SECTION 302.02 DEFINITIONS AND GENERAL PROVISIONS; AND SECTION 302.051 CRUELTY TO ANIMALS AND DEFINING TETHERING DEVICES, PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, healthy dogs need regular exercise and dog owners may not always be able to provide fencing to keep their dogs on their own property while the dog enjoys its time outside; and WHEREAS, owners have utilized tethers, leashes or trolley systems as an alternative to a fence to provide their animal with much needed outdoor time; and WHEREAS, dog owners sometimes use improper tethering practices that are harmful and hurtful to their dog resulting in animal neglect and/or cruelty; and WHEREAS, the Board deems it necessary to provide owners guidance for property tethering practices in order to protect the animal from inhumane conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1. AMENDMENT. Section 302.02. - Definitions and general provisions. 35. Tether: A tether shall be defined as a trolley system, chain, cord, leash, cable, or similar device which is attached to one or more fixed points to include, without limitation, a house, tree, fence, post, garage, or shed, used to confine a dog or cat to the owner's property and designated to be used for such purposes Means a rope, leash longer than six (6) feet, pulley run, or other means of constraint that is attached to the animal by a properly applied collar, halter or harness and configured so as to protect the animal from injury and prevent entanglement with other objects and/or animals. Sections 302.03-302.05 — No change. Section 302.051. - Cruelty to animals. (A) Pursuant to F.S. § 828.12, as may be amended from time to time, cruelty to animals is a criminal offense. The animal control division shall investigate reported incidents involving cruelty to animals and support investigations by other law 132 enforcement agencies when so requested and refer cases where probable cause exists to the state attorney's office for criminal prosecution. (B) The following are cruelty to animal violations under this chapter, and, pursuant to F.S. § 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the citation issued for the violation(s), for any person: To tether, impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements to fail to provide protection from the elements, clean quarters, and medical attention for sickly, diseased, or injured animals; or to abandon any animal. However, this chapter shall not require the provision of protection from the elements and clean quarters for livestock in open pasture. j To leave or deposit any poison or any substance containing poison, in any common street, alley, lane, or road of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. (C) The following are cruelty to animal violations under this chapter that do not require mandatory court appearances, except as otherwise set forth herein, for any person: (1) To injure any domestic animal by any means and fail to notify the owner of such animal, or, if the owner cannot be notified, then notice shall be given either to an officer or the county 911 system. (2) To tease or molest an animal. (3) As an operator of a motor vehicle, to allow an animal to occupy any unenclosed section of that vehicle without restraining and securing the animal in a manner which does not present a danger to the animal or to others. (4) As an operator of a motor vehicle, to place or confine an animal or allow the animal to be placed, confined, or remain in an unattended motor vehicle without sufficient ventilation or under conditions for such a period of time as may reasonably be expected to endanger the health or well being of such animal due to heat, lack of water, or such other circumstances as may reasonably be expected to be cruelty or otherwise cause suffering, disability or death. Any officer who finds an animal in a motor vehicle in violation of this section may enter the motor vehicle by using the amount of force which is reasonably necessary to remove the animal. in any one (1) twenty four hour period. 133 that is ten (10) feet or Tess in length during any natural disaster, including, but not limited to, fires, hurricanes, and tornadoes. D. _ _ _ _ - - - _ _ _ _ Except as set forth in B(1) above and F below, Aan animal may be exclusively restrained by a tether provided it meets all of the following requirements: (1) The tether is more than ten (10) feet in length, with swivels at both ends; (2) The tether is properly attached to a pulley or trolley mounted on a cable that is also more than ten (10) feet in length; (3) The pulley or trolley is mounted at least four (4) feet and no more than seven (7) feet above ground level in a manner so as not to interfere, or become entangled, with objects on the property; (4) The tethering system employed does not allow the animal to leave the owner's property; (5) The tether is a cable not greater than 3/16 inches in diameter and Tthe tether does not weigh more than one-eighth (1/8) of the animal's body weight; (6) The tether is attached to a properly fitting collar or harness worn by the animal; and (7) The collar or harness is not a choker collar. E. It is not a violation of this part to tether an animal if it: al Is tethered in accordance with the regulations of a camping or recreations area; gj Is being cared for as part of a rescue operation during a natural or manmade disaster; Is in attendance at, or participating in, any legal, organized publicly attended event in which both the dog and the owner are permitted attendees or participants; ,) Is actively engaged in conduct that is directly related to the business of shepherding or herding cattle or livestock or a related business of cultivating agricultural products, as long as the restraint is necessary for the safety of the dog; Is tethered, chained, tied or restrained by a veterinarian or groomer while attending to the dog; al Is trained or being trained, to act in a law enforcement capacity; 134 fl Is being lawfully used to actively hunt a species of wildlife in this State, during the hunting season, for that species of wildlife; 0] Is tethered temporarily while being kept in a bona fide humane shelter approved by the Department or at a commercial boarding facility (F) The following are cruelty to animal violations under this chapter that do not require mandatory court appearances, except as otherwise set forth herein, for any person to tether an animal: in for more than one hour between the hours of 9 am and 5 pm when the outdoor temperature exceeds 90 degrees Fahrenheit. 21 if the animal is less than 6 months of age, however, an animal under the age of six months old may only be tethered, if attended to by the owner, harborer,or keeper, during the entire time the animal is tethered; if the animal is sick or iniured. if the owner has been issued a "letter of dangerous propensity" for that dog by the Department, or if the dog has been declared dangerous in accordance with F.S. Ch 767, or if the person responsible for the dog has knowledge of the dog's prior aggressiveness, unless the tethered dog is in a fenced enclosure that will prevent the public or domestic animals from coming in contact with the tethered dog. (Ord. No. 2006-001, § 1, 1-17-06) SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Indian River County and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. 135 This ordinance shall take effect upon filing with the Florida Secretary of State, whichever occurs later. This ordinance was advertised in the 136 Press Journal on the 7th day of June, 2019, for a public hearing on the 18th day of June, 2019, at which time it was moved for adoption by Commissioner , and seconded by Commissioner and adopted by the following vote: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of June, 2019. INDIAN RIVER COUNTY, FLORIDA, Attest: Jeffrey R. Smith, Clerk of by its Board of County Commissioners Court and Comptroller By By Deputy Clerk Bob Solari, Chairman Approved as to form and legal sufficiency William K. DeBraal Deputy County Attorney ACKNOWLEDGMENT by the Department of State of the State of Florida, this day of , 2019. 137 INDIAN RIVER CO ATTO RNEYS OFC 1801 27 TH 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, 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. June 7, 2019 Subscribed and sworn to b ore on June 10, 2019: �GZa_ri..._1 Yl ,iv, Notary, State of WI. County of Brown Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $119.70 Ad No: 0003601120 Customer No: 1310775 PO#: Indian River Press Journal 1801 U.S. 1, Vero Beach , FL32960 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 CHAPTER 302, ANIMAL CONTROL, INDIAN RIVEF COUNTY CODE SECTIOP 302.02 DEFINITIONS AND GENERAL PROVISIONS; AND SECTION302.051 CRUELTYTO ANIMALS AND DEFINING TETHERING DEVICES, PROVID- ING FOR CODIFICATION, SEVERABILITY, AND EFFEC TWE DATE. The Public Hearing wit be held. on Tuesday, June 18, 2019. at 9:05 a.m., or as soon thereafter as the matter may be heard, in the County Com- mission Chambers locatedon 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: 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 COMMIS- SIONERS BOB SOLARI, CHAIRMAN Pub: June 7, 2019 TCN: 3601120 /37-/ /d/93 MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: June 11, 2019 SUBJECT: - Public Hearing: Ordinance Prohibiting the Retail Sale of Dogs and Cats In October 2018, under Public Discussion Items, the Board of County Commissioners heard a presentation from Nicole Capobiaco seeking to ban the retail sale of puppies at pet stores that were born in "puppy mills". The Board also heard from Doherty, Inc. who spoke in opposition of the ban of the sale of puppy mill puppies. Doherty, Inc. is the operator of Pets Around the World II, located at the corner of US Highway 1 and 8th Street (former Cindi's Pet Store location). Pets Around the World II offered puppies and kittens for sale at retail. On May 14, 2019, staff presented a proposed ordinance that would prohibit the sale of puppies and kittens at retail unless they were offered by a not -for profit rescue organization, an animal shelter or the Humane Society of Vero Beach Indian River County. The ordinance would also allow the sale of puppies or kittens from a family breeder or a hobby breeder but not animals from a broker or puppy mill. The Board directed staff to advertise the ordinance and schedule a public hearing. The advertisement appeared in the Press Journal on June 7, 2019. Since the initial discussion last October, Pets Around the World II has stopped selling puppies and kittens at retail and closed their business. Staff is not aware of any other businesses or pet store offering puppies and kittens at retail, except puppies and kittens from local shelters. There was also a failed attempt this legislative session at state regulation of puppies and kittens at retail. One bill would have provided for Florida Department of Agriculture and Consumer Services regulation of the sale of puppies at retail. Another bill would have provided for state regulation of the sale of puppies at retail while pre-empting local govemments from enacting ordinances banning retail sales and striking down existing ordinances that banned the sale of puppies at retail. Neither bill was successful. 7 Staff communicated with several outside sources on this issue including the US Humane Society, Sarasota County and Brevard County. Staff has also reviewed the various lawsuits that were filed in Florida and nationally, challenging the constitutionality of ordinances that banned the retail sale of puppies at retail. The lawsuits were filed by owners of pet stores that actively sold puppies at their retail stores, challenging the validity of newly enacted ordinances that either banned the sale of puppies at retail immediately or the ban on retail sales was phased in over time. The Florida lawsuits all came from pet stores that were actively selling puppies and kittens at retail. As there are no active businesses in Indian River County that are actively selling puppies and kittens at retail, staff feels that the risk in enacting this ordinance amendment has been significantly reduced and the chance of a plaintiff prevailing on the suit is also greatly reduced. 138 Staff has reviewed ordinances from other jurisdictions and the model ordinance from the US Humane Society. Ordinances that focus on prohibiting retail sales are favored, but still allow for family and hobby breeders to sell puppies and kittens. A family breeder is a person who will breed their dog for a litter of puppies and sell or give them away to family and friends. A family breeder is also the owner of a female dog who met up with the sneaky neighbor dog and now has a litter of puppies to sell or give away. The breeding is not a regular occurrence with a family breeder. The hobby breeder can be categorized by breeding a specific breed of dog once a year or so and selling the puppies using the Internet or social media. Hobby breeders will also take orders for puppies once their female is pregnant. The hobby and family breeders rarely sell at retail stores and thus are not affected by the ordinance. The draft ordinance is attached for your consideration. This ordinance prohibits the sale of puppies and kittens at retail but allows the sale/adoption of Humane Society and shelter animals at retail stores. Funding: The only impact to County funds is the $126.54 cost to advertise for a public hearing, and is being paid from Account No. 00125062-034910 (General Fund/Animal Control/Legal Ads). Recommendation: Staff recommends the Board conduct the public hearing taking testimony from any interested parties. Staff further recommends the Board approve the proposed ordinance amendment with any changes deemed necessary. Attachment: Proposed Ordinance Amendment Copies to: Tad Stone, Emergency Services Director Jason Ogilvie, Animal Control Manager Ilka Daniels, Humane Society of Vero Beach/Indian River County 139 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "RETAIL SALE OF DOGS AND CATS"; AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL REPEALER AND AN EFFECTIVE DATE. WHEREAS, "puppy mills" and "kitten factories" are facilities that often house multiple breeds of animals in overcrowded and unsanitary conditions without adequate veterinary care, food, water, and socialization; and WHEREAS, these facilities do not use the breeding dogs and cats as pets, rather their only purpose is to produce puppies and kittens to be sold at retail stores across the country; and WHEREAS, the puppy mills and kitty factories often sell the puppies and kittens to brokers who ship the animals, regardless of their condition, in cages without regard for sanitary conditions, food or water; and WHEREAS, due to the conditions in "puppy mills" and "kitten factories" animals are put up for sale at retail facilities with undiagnosed and/or untreated heritable and congenital disorders, infectious diseases, and environmental contamination, any of which may be present immediately after a sale or shortly after the sale; and WHEREAS, the Indian River County Board of County Commissioners (the "Board") has heard testimony from local residents who purchased puppies from retail stores who spent large sums of money on veterinary care for health problems for puppies that came from puppy mills and therefore finds it reasonable and necessary to provide minimum standards governing the sale of cats and dogs to protect the health, safety, and welfare of both animals and pet owners; and WHEREAS, the Board also finds that such regulation constitutes a legitimate purpose, and will encourage pet consumers to obtain dogs and cats from shelters, animal rescue organizations, or hobby breeders thereby saving animals lives and reducing the cost to the public of sheltering and euthanizing animals; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: SECTION 1. AMENDMENT Section 302.02. — Definitions. 8. Certificate of Source. A document from the Humane Society, animal control agency, animal rescue organization, pet dealer, or hobby breeder declaring the source of 140 origin of a dog or cat on the premises offered for retail sale, as defined in this Section. The Certificate of Source must include at a minimum: (1) a brief description of the dog or cat; (2) the name, address, telephone number and email address of the source of the dog or cat; (3) the signature of the Pet Shop certifying the accuracy of the certificate; and (4) the signature of the purchaser or transferee of the dog or cat acknowledging receipt of the certificate of source. 16. Humane Society or Animal Rescue Organization: The Humane Society of Vero Beach and Indian River County, Inc., or any association, organization or corporation, whether for profit or not, which pursues substantially similar goals and objectives. An Animal Rescue Organization shall be a duly incorporated nonprofit organization, properly organized under Section 501(c)(3) of the Internal Revenue Code, devoted to the rescue, care, humane treatment, and adoption of stray, abandoned, or surrendered animals that does not breed animals. 26. Pet dealer and hobby breeder: A pet dealer is Aany person that, in the ordinary course of business, engages in the sale of more than two (2) litters,. or twenty (20) dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. A hobby breeder is any person or entity, that intentionally causes or allows willfully or through failure to exercise due care and control, the breeding or studding of a dog or cat resulting in no more than a total of two (2) litters per calendar year per legal residence whether or not the animals in such litter are offered for sale or other transfer. 27. Pet shop. A business entity that has obtained a tax receipt or occupational license, open to the public, that sells or transfers, or offers for sale or transfer, dogs or cats, regardless of the age of the dog or cat or the physical location of the animal. Such an establishment may be a permanent, temporary, or virtual establishment. Indian River County Animal Services Shelter and animal rescue organizations are not considered a pet shop under this Chapter. Section 302.15. - Retail sale of dogs and cats. (a) An adoption -based business model shall be required for the retail sale of dogs or cats at a pet shop or pet supply store whereby all dogs or cats will be sourced from stray and unwanted pets that have been taken in by an animal shelter or animal rescue organization. It also means that dogs or cats purchased directly from a commercial breeder or indirectly through some other intermediary such as a broker or wholesaler may not be offered for retail sale. (b) No pet shop or pet supply store shall offer dogs or cats in Indian River County, unless the dog or cat was obtained from: (1) An animal shelter; 141 (2) An animal rescue organization. (c) This adoption -based business model for the retail sale of dogs or cats in the County applies to any pet supply store or pet shops opened, transferred, assigned, or sold by owners of existing Pet Shops after the effective date of the Chapter. (d)An official certificate of veterinary inspection must accompany the sale of any cat or dog transported into the state, in compliance with Section 828.29(3), Florida Statutes, as this statute may be amended from time to time. (e) Pet shops and pet supply stores shall post and maintain a certificate of source, as defined in section 302.02.8, on each dog and cat's cage, kennel, or enclosure, within clear view, and shall provide a copy of the certificate to the purchaser or transferee of any such dog or cat sold or transferred. (f) Pet Shops and pet supply stores shall maintain records, stating the name, address, telephone number and email of the animal shelter or animal rescue organization from which each dog or cat was acquired for three (3) years following the date of acquisition or in accordance with the required relation time set forth by business standards and practices governing the particular commercial establishment and record, whichever is greater, and maintain a copy of the record for the previous year subject to inspection by the County's animal control officers or any other County officials charged with enforcing the provisions of this Section. (g) Any such records shall be made available, immediately upon request, to the County's animal control officers and any other County officials charged with enforcing the provisions of this Section. (h) Falsification of records by pet shops is hereby deemed unlawful and subject to the penalties of this Chapter. Section 302.16. - Prohibition on retail sale in public places. (a) There shall be no retail sale of dogs or cats on any public thoroughfare, public common areas, or other places of public accommodations, flea markets, festivals, yard sales, medians, parks, recreation areas, outdoor markets, parking lots, or other similar locations, regardless of whether such access is authorized by the owner. (b) This Section shall not apply to the retail sale of dogs or cats by an Animal Shelter or Animal Rescue Organization. Section. 302.17. - Enforcement and penalties. (a) Any Pet Shop or pet supply store found to be in violation of the provisions of this Chapter may be subject to any applicable enforcement mechanism available to the County including, but not limited to: prosecution in the same manner as a misdemeanor, as provided in Section 125.69, Florida Statutes, as this statute may 142 be amended from time to time. It shall be a violation of this Chapter to fail to comply with any of the requirements or restrictions contained in this Chapter. (b) Each doq or cat produced, reared, bred, kept,‘sold, or released in violation of this Chapter will be deemed a separate offense, and a separate offense will be deemed committed on each day during on or which a violation occurs or continues. (c) Violations of this Chapter are classified as a civil infraction in accordance with Section 828.27(2), Florida Statutes, as this statute may be amended from time to time. (d) The County may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this Chapter. (e) Imposition of a penalty for a violation does not excuse the violation nor does it imply permission for the violation to continue. All Pet Shops or pet supply stores found to be in violation will be required to correct or remedy such violations immediately. Section. 302.18. - Applicability. Sections 302.15 - 302.18 shall apply to the unincorporated areas of Indian River County. Section 4. 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 5. 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 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. 143 This ordinance was advertised in the Indian River Press Journal on the 7th day of June, 2019, for a public hearing to be held on the 18th day of June, 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of June, 2019. ATTEST: JEFFREY R. SMITH, CLERK AND COMPTROLLER By: Deputy Clerk Approved as to form and Legal sufficiency: William K. DeBraal Deputy County Attorney BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 2019. 144 INDIAN RIVER CO ATTO RNEYS OFC 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, 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. June 7, 2019 It(1) Subscribed and swornto ore on Jun '10, 2019: Notary, State of WI. County of Brown TARA MONDLOCH Notary Public 'tate of Wisconsin My commission expires: August 6, 2021 Publication Cost: 8126.54 Ad No: 0003601197 Customer No: 1310775 PO#: Indian River Press Journal 1801 U.S. 1, Vero Beach , FL32960 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, CREATINC CHAPTER 319 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED "RETAIL SALE OF DOGS :AND CATS"; AND PROVIDING FOR CODIFI, CATION, SEVERABILITY, A GENERAL REPEALERAND AN EFFECTIVE DATE: The Public Hearing will be held on Tuesday, June 18, 2019 at 9:05 a.m.,or as soon thereafter as the matter may be heard, in the County Com- mission 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 10 the proposed 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 COMMIS- SIONERS BOB SOLARI, CHAIRMAN Pub: June 7, 2019 TCN: 3601197 io.A. 4/4 ( l 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: Leslie Spurlock, Quit Doc Foundation ADDRESS: 1940 10th Ave, Vero Beach PHONE: 772-577-3701 SUBJECT MATTER FOR DISCUSSION Reducing youth access to Electronic Nicotine Delivery Systems (ENDS) and tobacco IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? X Providing information only YES YES X NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE None 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: June 18, 2019 F:\County Admin \ExecAsstAGENDA \Public Discussion Items Fonn.doc 145 Youth & Young Adult Tobacco. Access TRADITIONAL & ELECTRONIC CIGARETTES TOBACCO AND VAPE .PRODUCTS TOBACCO CHAPTER 569 • The minimum age to purchase tobacco is 18 years as defined by State Statute. • No self-service merchandising; direct customer access is prohibited, unless the retailer does not allow persons under age 18 to enter the premises. • Tobacco retailers are required by the State to apply for an annual Retail Tobacco Products Dealer Permit at a cost of $50 per year. • Florida's Retail Tobacco Products Dealer Permit states the covered premise is subject to inspection and search without warrant by the division or its authorized employees, sheriffs, deputy sheriffs, or police officers to determine compliance. MISCELLANEOUS CRIMES CHAPTER 877.112 • The minimum age to purchase is the same - 18 years. • No self-service merchandising — direct customer access prohibited • Definition of "Nicotine product does not include a tobacco product as defined by Chapter 569". • Is the premise subject to a retail license which allows inspection and search to determine compliance? NO • How are retailers monitored for complying with the age of sale or self-service merchandising? JUUL owns more than 72 percent of the e -cigarette market share. • A Tobacco Free Kids study revealed 15- 17-year-olds have over 16 times greater odds to be current JUUL users compared to those aged 25- 34. • E -cigarettes, such as JUUL and vape pens like the KandyPens Rubi and Suorin Drop, are now the most popular tobacco product among youth. i4S- Juul and Similar Products Juu1, JUUL device USB charger 4 pad multipack 5% strength Juul KandyPen's MLV's My1e Rubi Phix ITG Brands' Altria's myblu MarkTen Elite 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Florida High School Tobacco Use Trends (1998-2018) 11111111111116. 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Leslie Spurlock, Quit Doc Community Health Advocate —$—FL HS - Cigarettes —4 -..FL HS - Cigars FL HS - Smokeless Use —4 --FL HS -Hookah «--FL HS - ECig 20.0% 18.0% 16.0% 14.0% 12.0% 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% Florida Middle School Tobacco Use Trends (1998-2018) 'AIIINIIIIIIIIIIIIh..___ NIIIIIIIINiiiiiber - _ 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 —+—FL MS - Cigarettes —4 -•FL MS - Cigars —o—FL MS - Smokeless Use —*—FL MS - Hookah —♦—FL MS- Ecig Leslie Spurlock, Quit Doc Community Health Advocate 1 JUUL claims their product is for adults looking to quit smoking "The prominent use of e - cigarettes among U.S. youth has been attributed in part to the heavy marketing of these products with youth - resonating themes, as well as the widespread availability of youth - appealing flavors." (CDC) Leslie Spurlock, Quit Doc Community Health Advocate 96% of Youth Use Flavors Ever used marijuana with JUUL? Which JUUL flavor pod used most recently? 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% a \F�c` c�caro\ c�,0¢; cP 4\ GOO 'O �e•6J 4,0 �eF • c. o`er G G>a Go Among past 30 -day users Leslie Spurlock, Quit Doc Community Health Advocate YES (%) 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 30% Among ever users E -Juices for refillable E -cigarettes Leslie Spurlock, Quit Doc Community Health Advocate Local Ordinances for E -Cigarettes Minimum Age of Sale No Self -Service Merchandising • County Ordinance 313.02, Vero Beach Ordinance 73.1, Sebastian 50-6. • Incorporates the definition of electronic cigarettes into existing tobacco ordinances; prohibits sales under age 18. • Prohibits self-service merchandising — customer access prohibited, unless the retailer does not allow persons under age 18 to enter the premises. • Is a local permit required? NO. amonpv T.FaH ,C1FununuoD DOG `7.popnds allsaq 0 53A11 33113-03311801 081211,ISNI 00 00 aAnemu! torul00 .00 o 0 13N213.1.NI %9 ( nunos "'MOS cYbUi EgYaA!4ewumn_14 saamsue aidpinw pales pino3 LonoA. L. NOI1V301 IV3ISAHd PCIOV1 AWM eRri ram E1EL 6:TERFICI EC1L arZliN,-0\0 A31111. OIVS SAVO OC iSVd 3H1 NI SUOd ZIOAV1A 'MU a35n OHM H1110A E* .f:' � '� 1V• � � SIC •f pt � Ar- 1-11 i.-�; ,NS ,....e,.. 1.0w.wn t21.Stir itg���' i,. ''�' iSt LIE C-11 , rechargeable e -cigarettes •du 41 4 tii i. ti.w au 1521uk• 12 .11z.; 0 (i �,. +� .M t; ms" 11 �.=.1 r. Access is not well controlled 'Blu E -cigarettes *Swisher Sweets Black & Mild *Flavored & Cheap Local Tobacco Retailer Licensing is capable of... • Maintaining a current list of tobacco and vape retailers • Enforce all federal, state and local requirements • Funding a compliance monitoring program • Reducing clustering or density of retailers, especially near schools or parks • Restricting the sale of flavored tobacco • Raising the age of purchase to 21 • Banning drug paraphernalia • Reducing youth initiation of tobacco and e-cigarette use • Reducing successful underage youth purchases of tobacco and e-cigarettes Alachua County FL January 22, 2019 • The Alachua County Board of County Commissioners approved a county -wide ordinance Tuesday prohibiting the sale of tobacco products, including e -cigarettes, to anyone less than 21 years old in Alachua County. • The ordinance requires retailers to obtain a distribution license, valid for one year, for each separate location where tobacco products are sold. • The ordinance also prohibits new retailers intending to sell tobacco from opening a location within 1,000 feet of a public K-12 school. • Retailers already located near schools will not be asked to change locations but will be required to adhere to the age limit. • Cities have the option to opt out. • Ordinance in compliance with State Attorney General Opinion (Pam Bondi) Leslie Spurlock, Quit Doc Community Health Advocate PUBLIC NOTICE INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement DATE: June 7, 2019 RE: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of June 18, 2019. DESCRIPTION AND CONDITIONS Please be advised that the following public hearing item has been scheduled for Board consideration: July 2, 2019 Consideration of Request by Garrett Guidroz to Amend Land Development Regulation (LDR) Section 932.07, Piers, Docks and Boat Slips, by Revising a 400 Square Foot Footprint Restriction on Unwalled Boat Shelters to be Consistent with Florida Department of Environmental Protection (FDEP) and Other Jurisdictional Agency Requirements. [Legislative] RECOMMENDATION This notice is provided for the Board's information. No action is required at this time. 146 I a4 l INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP; Community Development Director Rich Szpyrka, PE; Public Works Director FROM: Phil Matson, AICP; MPO Staff Director DATE: June 4, 2019 SUBJECT: Aviation Boulevard Extension Concept (US 1— 41st Street) Project Update It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. DESCRIPTION & CONDITIONS 37th Street is a vital corridor in Indian River County, as it is the primary point of access to the Cleveland Clinic Indian River Hospital and to a Targe number of medical -related facilities and businesses. The road is rapidly approaching capacity, and widening 37th Street presents a number of construction and operational challenges. One alternative to widening 37th Street is to develop a new 2 -lane alternative roadway (Aviation Blvd. extension) that would relieve the demand on 37th Street. This alternative has been considered by County and City public works and planning staff and is now incorporated into the County's five-year capital improvements program. As depicted on Attachment 1, the proposed new roadway alignment will connect the intersection of US 1 at Aviation Boulevard directly to 37th Street, along the west perimeter of the hospital campus and extend north of 37th Street to 41St Street. Previously, the MPO, BCC, and Indian River County Hospital District have supported the alternative roadway concept. The BCC requested that staff provide periodic updates as to the project's status. This item provides an update and an opportunity for the Board to authorize staff to move forward with the project. ANALYSIS In assessing the area in the vicinity of the hospital, it appears that much of the land north and southwest of the hospital campus is presently vacant and/or underdeveloped. County Public Works Staff has developed conceptual alignments and staff from both Departments have begun 147 reaching out to property owners to discuss the concept and future right-of-way acquisition. The results of those efforts, from North to South, are described below (see map, Attachment 1): North-South Connection (41St Street — 375t Street) It is anticipated that the future 2 -lane roadway will connect 41St Street to 37th Street via a continuation of the 11th Avenue/Dr. Hugh McCrystal Drive corridor. The Indian River County Hospital District, in coordination with Cleveland Clinic representatives, has requested that the new alignment remain as far to the west as possible in relation to the Behavioral Health Center building. County staff believes that a more western alignment will improve the configuration and function of the future signalized intersection at 37th Street and 11th Avenue/Dr. Hugh McCrystal Drive. The County is in the process of acquiring the vacant former Surgical Care building at 1200 37th Street to provide right-of-way for the more western alignment, to provide buffering for the Center, and to allow for improved driveway connection spacing and 37th Street intersection configuration. The County obtained a property appraisal of $1,550,000 for the Surgical Care building and Public Works staff made a preliminary offer to the owner of the appraisal price. The owner has accepted the offer subject to BCC approval and completing a Phase 1 environmental study. The alignment will continue north to 41st Street through the conceptually approved Harbor Bluffs development. The Harbor Bluffs developer is coordinating with an adjacent property owner (Riverfront Groves, Inc.) and staff on a right-of-way agreement. One or more right-of-way agreements involving those properties will be presented to the BCC at a future date. Dr. Hugh McCrystal Drive/35th Lane The County has identified available right-of-way on the Hospital District campus (the existing western perimeter driveway/corridor) and is proposing a slight westward reconfiguration of the intersection of McCrystal Drive and 37th Street to line up with the new roadway north of 37th Street. The remaining right-of-way on McCrystal Drive is owned by the Hospital District, which will enter into a dedication agreement with the County once alignment particulars are laid -out and a draft agreement is worked out. 35th Lane to US 1@Aviation Boulevard 35th Lane will need to connect to the new 2 -lane roadway which will extend in a southwesterly direction from 35th Lane to the intersection of US 1 and Aviation Boulevard. The majority of the new roadway will cross through property owned by Dr. William Mallon, who has met with staff on multiple occasions and expressed strong support for the project as well as a preference for the alignment attached to this staff report (see Attachment #2). Staff anticipates positive right- of-way negotiations with Dr. Mallon once design is undertaken in the fall. To connect to the Mallon property, the County needs a small amount of right-of-way from the Vero Beach Physicians Building and the Grove Place Medical Center. The representatives of both entities have expressed an interest in the road project, and have discussed possible concessions 148 from the County in exchange for right-of-way. Staff anticipates making an offer on the needed right of way from these two properties late summer to early fall. Finally, the new alignment must extend through private property situated along 32"d and 33rd Streets immediately east of US 1 which is currently owned by RDC Phoenix, LLC. The property is mostly vacant currently zoned residential, and with three rental parcels currently owned by RDC. The property is split into three blocks of property, with the current alignment affecting the northern two blocks which Public Works obtained appraisals for. The first block of property (parcel 1), 1.87 acres, was appraised at $110,000 and the second block of property (parcel 2), 2.51 acres, was appraised at $170,000. County staff reached out to RDC and offered $250,000 for parcel 1 and $400,000 for parcel 2. The property owner has thus far rejected staff offers that were above appraised value, stating that they are going to stay with the asking price for parcel 1 of $692,386.20 and parcel 2 of $933,055.20. Public Works staff will discuss additional options with the Board in the coming months. As a last resort and with BCC approval, Public Works would contemplate the use of Eminent Domain action as a process to obtain the property. This would require 90% design of the preferred alignment. It is anticipated that such design would take 9 — 12 months to complete once initiated. Staff is ready to move forward with design work and right-of-way acquisition activities, subject to Board authorization to proceed. FUNDING The Capital Improvements Element (CIE) includes the widening of 37th Street to five lanes between US 1 and Indian River Blvd. For the five-year period of the CIE, the currently projected cost for widening 37th Street is $7,227,000, which is funded with Optional Sales Tax revenue. The proposed Aviation Blvd. extension is listed in the CIE as an alternative to widening 37th Street. No funding is specified in the CIE for the Aviation Blvd. alternate project. The Aviation Blvd. extension is also eligible to be funded with impact fees or credits. RECOMMENDATION Staff recommends that the Board authorize staff to proceed with procurement of design services and right-of-way acquisition activities for the Aviation Boulevard Extension. ATTACHMENTS Attachment 1. Map of Road Segments Attachment 2. Aviation Boulevard Preferred Alignment 149 Aviation Blvd.'Extension - Proposed Segments North-South. Connection (41st St - 37th St) Dr. Hugh McCrystal Dr/35th Ln isommis35th Ln to US 1 @ Aviation BI1 0 } :N a 3.11.0 sneers 15 illn• iiii7 � o• i,, 1 ii.sr: 15 PROPOSED AV/AT/ON BOULEVARD EXTENS/ON 80' ROW 152 PROPOSED A V/AT/ON pOULEVARD EXTENS/ON 80" ROW 17th STREET 361h STA El "rte /N*SEG'T/ON /MP O PEM T OPilD/9444 To. f l7 T.. -0F - _ r 53711 UNE Aviation Boulevard/ Dr. Hugh McCrystal Drive Extension (US 1— 41st Street) Project Update THE PROBLEM • 37th Street Capacity Problems (LOS D+2o% Adopted in Comp Plan) • Virtually all medical trips funneled to 37th Street • Lack of parallel Roadways in this part of the County • Main Relief Canal • Conservation Land • Airport • Development Patterns • Potential for Tremendous Future Growth in the Area (300+ Vacant Acres) 37th Street 5-Lan ing - Challenges 37th Street 5-Lan ing - Challenges 37t" Street 5-Laning - Challenges • Cost • Disruption • Confusion 150-( Segment 1. 41St Street — 37th Street •'awn.. ---,"t ,mss 4 t� --:-4, {'iia.. t1.�r • . 1 17 • s�y1ra ' S..Y �.. r1i. ''"1i.:..i '-• '( a 'yes ,1♦� } ' ;A _ _ r 1 � ,rG4� # r 1 t Y' a r + ''}j Y �� S f• -..t4-�a�.e yG}e ft 7 Y k !(T A �q'i J: .. ice 1 tt. y, - • es.FT% 4 "14fa -�a. "y,kTT, , - ... ) It 7` i }, - tca ■ '-` . fa !m. • jL "t wAf iI 141. I #• 43$ • ti3MY' Y "awR Fri i i�� /5,3-8 Segment 2. 35th Lane — Dr. Hugh McCrystal Drive A7&a$tit 4v4111Q% • 8 UL4 RD £Xt(NS✓ON -- ,f�,ta+sa. r' Segment 3. 35th Lane U51 Recommendation Staff Recommends that the Board authorize staff to proceed with procurement of design services and right-of-way acquisition activities for the Aviation Boulevard Extension INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director DATE: June 11, 2019 SUBJECT: Consideration of Modifications to Regulations for Off-site Accessory Landscaping Services Uses in Agricultural Zoning Districts It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2019. BACKGROUND At its March 5, 2019 meeting, the Board of County Commissioners (BCC) heard a request to speak from Spencer Simmons and Tim Campbell who each live on 37th Street west of 66th Avenue in an agricultural zoning district (A-1, Agriculture 1; up to 1 unit per 5 acres). Mr. Simmons and Mr. Campbell spoke of their concerns regarding a landscaping services business (Caribbean Lawn and Landscaping owned by Brian and Kelly Stolze) that had been established on± 9.9 acres at 7120 37th Street. Mr. Campbell and Mr. Simmons indicated that they were following an active code case against Caribbean Lawn and Landscaping for establishing an accessory landscaping services business ahead of establishing a wholesale nursery on the subject site. Both expressed concerns about traffic, effects on neighborhood character and property values, and the precedent for future similar situations on other agriculturally zoned properties. During discussion with staff, Board members acknowledged Right to Farm Act protections and the code enforcement process but also expressed concern that under current procedures and code interpretation, a landscaping services business could "game the system" by minimally establishing a wholesale nursery in order to have an out -of -scale commercial business in an agricultural area. In the end, the Board acknowledged that the code enforcement case would proceed on its own track, and by consensus directed staff to research possible modifications to the land development regulations (LDRs) to balance the needs of agriculture and commercial business in agricultural areas with respect to landscaping services operations. Since the March 5th meeting, staff has conducted research and drafted this report for the Board's consideration. In addition, staff has drafted a proposed LDR amendment for the Board's review and consideration as a "pending ordinance". 154 ANALYSIS • Land Use Conflicts in Agricultural Areas In 1990, Indian River County adopted its present comprehensive plan which, among other items, established the County's Urban Service Area and the associated Urban Service Area Boundary. As adopted, the Urban Service Area (USA) constitutes that area of the county where "urban" commercial, industrial, and residential uses are allowed and where urban services such as public water and sewer are provided to serve development. Conversely, the areas lying outside the USA (which are vast and cover roughly the western two-thirds of the county) are designated Conservation or Agricultural and are generally intended to be rural in nature with agricultural, conservation, and low density residential uses allowed. Agricultural areas are designated on the adopted future land use map as AG -1 (up to 1 unit/5 acres), AG -2 (up to 1 unit/10 acres), and AG -3 (up to 1 unit per 20 acres); those designations have corresponding zoning districts A-1, A-2, and A-3. Generally, AG -1/A-1 areas lie east of I-95 and within the Fellsmere Farms platted area that surrounds the original Town of Fellsmere, although a number of "remnant" A-1 properties still exist inside the Urban Service Area. AG -2/A-2 areas generally lie west of I-95 and east of the St. Johns marsh, while AG -3/A-3 areas generally lie west of the St. Johns marsh. Although agriculturally designated areas are generally restricted to agricultural and associated accessory uses, and low density residential uses, the county's comprehensive plan and land development regulations (LDRs) allow certain types of commercial or industrial uses on agriculturally designated properties under certain conditions and criteria. Those uses are subject to special conditions and specific land use criteria and are reviewed and approved through the administrative permit or special exception processes. Currently, the "conditional uses" allowed in agriculturally designated areas include churches, schools, fruit/vegetable packing houses, golf courses, commercial kennels, airstrips, solar farms, utility facilities, communications towers, recycling centers, and mining operations. Those uses are allowed in agricultural areas for various reasons. Some uses, such as packing houses, are related to agricultural production and warrant more rural locations near agricultural production. Other uses, such as golf courses, airstrips, and solar farms, require large site areas which are more available and easier to assemble in agricultural areas. Still other uses, such as recycling centers and commercial kennels can be appropriately located in certain areas outside the USA where residential density is very low and facilities can be separated from concentrations of residences by significant distances and can be more effectively buffered from adjacent properties. Finally, some uses, such as schools and churches, are institutional uses that are traditionally allowed in rural areas and are considered generally compatible with agricultural and very low density residential uses subject to conditions. Overall, many conditional uses located outside the USA serve residents and businesses located within the USA. Over the past decades, the Planning & Zoning Commission and the Board of County Commissioners have periodically discussed and evaluated land use conflicts in agricultural areas and have generally acknowledged that some conflicts are inevitable because residential uses (even low density residential) 155 are allowed in agricultural areas along with agricultural uses of various intensities and scale and a number of conditional uses that are warranted in agricultural areas under certain conditions. Where warranted, LDRs have sometimes been changed to address such conflicts through specific criteria and/or limitations. In the end, County LDRs accommodate the wide and eclectic range of large and small scale agricultural uses, conditional uses, and low density "residential estate" uses that have historically existed and currently exist in the agriculturally designated areas. Through large minimum parcel size requirements (5, 10, and 20 acre minimums), significant open space requirements (60% and 80% of the site), special criteria and limitations, the. LDRs address but do not (and will not) completely resolve all conflicts between competing uses and expectations in the agricultural areas. e State Pre-emptions & Protections of Agricultural Uses Like other states, Florida has strong "right to farm" state statues that pre-empt local government regulations of agricultural and associated uses. In recent years, the state of Florida has strengthened such pre-emptions. Current state law exempts from the Florida Building Code non-residential farm buildings, structures, and facilities located on farms. The term "farm" and "farm operations" are broadly defined (see Florida Statute references in attachment 2) Under state law, commercial nurseries on agricultural property including wholesale plant nurseries are "protected" as a bona fide agricultural use that is pre-empted from local land use and building permit regulations. It is staff's understanding that current state law does not pre-empt the County from enacting reasonable regulations for uses customarily associated with wholesale nurseries such as off- site landscaping services. o Current IRC Regulation of Landscaping Services The County's current LDRs allow landscaping services as a principal "contractor's trades" type of use in heavy commercial and industrial districts where storage of vehicles, equipment, and various supplies and materials are allowed on intensely developed sites with low open space requirements (10% - 15% of the site). Current agricultural district regulations (Section 911.06(4) use table) allow commercial nurseries in the A-1, A-2, and A-3 districts, and specifically permit the following components/uses as part of a commercial nursery in the A-1, A-2, and A-3 districts: "... cultivation, wholesaling, and off-site landscaping services allowed; no retail sales allowed on-site." In its interpretation and application of this existing code provision, staff has had to make judgment calls as to what type use and facility constitutes an off-site landscape service operation that is allowable as a use associated with a wholesale nursery. In making these judgement calls, there have been cases that have "pushed the envelope" with respect to components of the operation, as well as the scale and lay- out of the landscaping services facility. Because wholesale nurseries and associated off-site landscaping services are categorized as a permitted agricultural use, such uses are exempt from County site plan requirements (Section 914.04(1)(a)). In addition, since nurseries are a bona fide agricultural use, consistent with state statute and based on county practice, improvements and structures serving both nurseries and 156 permitted associated uses are exempt from building permit requirements but are not exempt from zoning setback and any applicable floodplain regulations. As a voluntary process to confirm compliance with the exemption, staff strongly encourages property owners who claim the exemption to file a Verification of Exemption for Non-residential Farm Building local form (see attachment 2). Persons submitting the form attach a site sketch showing the lay -out of uses and facilities; the sketch is not a formal site plan. Such a form was filed for the Caribbean Lawn and Landscaping business. Since the March 5th meeting, no acknowledgement form for any new nursery/landscaping service business has been filed. In practice, facilities serving agricultural operations may also serve associated permitted accessory uses. For example, a workshop/garage can serve wholesale nursery production, maintenance, delivery, and vehicles and equipment that serve off-site landscaping services operations. In staff's experience, it would be difficult to try to separate -out portions of a facility that serve a nursery use from what serves an accessary landscaping services use. Staff's interpretation of the previously quoted 911.06(4) use table provisions is that an off-site landscaping service is allowed as an "accessory use" to a wholesale plant nursery. Under LDR Chapter 901, an "accessory use" is defined as: "Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use." Staff's interpretation of "accessory use" as applied to off-site landscaping services associated with a wholesale nursery is that such use is limited to installation and maintenance mowing/trimming of landscaping material and must cover less site area than the nursery area. Under that interpretation, for example, the site area of the landscaping services operation (total parking, driveway, and building area) must be less than the nursery area (area under cultivation including green houses, grow houses, shade houses, and similar structures). Consequently, under the current interpretation, a landscaping services area to nursery area ratio of slightly less that 1:1 would comply. Based on discussion at the March 5th meeting, it is staffs understanding that Board members believe that a lower ratio of landscaping services area to nursery area would more appropriately reflect the "incidental to" and "customarily found in association with" characteristics of an accessory landscaping services use. Staffs research of existing landscaping services in the County, and the proposed draft ordinance, address site area ratio which is a valid tool for evaluating an appropriate scale for both uses. Staff's current interpretation, supported by Code Enforcement Board action, is that the wholesale nursery use, as the principal agricultural use, is required to be established prior to or at the same time as the landscaping services use and that the landscaping services use cannot involve burying, mulching, or burning off-site debris on the premises. It is also staffs current interpretation that pest control services are not accessory to a wholesale nursery use and are not allowed. These aspects of staff's current interpretation are incorporated into the proposed draft ordinance to clarify andcodify those interpretations. — Small-scale home -occupation landscaping services 157 Under the County's home occupation regulations (section 912.05(6)), landscaping services in agricultural areas operated out of a "home office" and on-site accessory structures are permitted as a home occupation with limitations that restrict the operation to a small-scale "family business". Such specific limitations include a prohibition of non-resident employees on the premises and a prohibition on outdoor display of signs or display of equipment and materials. Consequently, a proposed regulation change could specifically reference the "carve -out" for home occupation landscaping services in agricultural areas to clearly preserve the status of such small-scale services operations. • Regulations of Other Counties Staff researched regulations of nearby counties for nursery and landscaping services in agricultural districts. Research results are summarized in a comparison chart for Brevard, Osceola, Palm Beach, St. Lucie, and Indian River counties (see attachment 3). In summary, compared to the other counties, IRC has more stringent requirements for retail nurseries and has similar allowances permitting wholesale nurseries and landscaping services in agricultural areas. All jurisdictions appear to allow lawn mowing as a component of landscaping services. Palm Beach County has specific criteria for landscaping services in agricultural districts including a 3 acre minimum site size, an accessory to a nursery criterion, and a prohibition on outdoor debris storage. For context, staffs research also indicates that IRC's minimum lot sizes in its agricultural districts are significantly larger than Brevard's and St. Lucie's and are the same as Martin County's (see attachment 4). Larger minimum parcel sizes tend to raise the minimum level of investment needed for a new property owner to start a business in an agricultural area. • Existing Landscaping Services in IRC Agricultural Areas Staff's research identified 17 existing landscaping/nursery/property management businesses in IRC's A-1 agricultural district (see attachment 5). Staff focused its research on the A-1 district since that district has the highest concentration of residential estate/"ranchette" properties and the highest incidence of land use conflicts. Research indicates that most existing nursery/landscaping services in the A-1 district have a landscaping services site area to nursery site area ratio of less than 1:2. In other words, 14 out of the 17 nursery/landscaping services businesses have a landscaping services site area that is less than 50% of the nursery site area. Research also indicates that 12 out of the 17 nursery/landscaping services businesses are located on sites having at least 400,000 sq. ft. (9.183 acres). For all 17 existing businesses, site sizes ranged from 4.8 acres to 270+ acres. The 400,000 sq. ft. threshold is a good quantitative standard for capturing original "10 acre" tracts and parcels that have been reduced in size by right-of-way dedications for canals and roads. For the A-1 nursery/landscaping services businesses identified, dirt roads provide access to 9 out of the 17 businesses with the remaining 8 other businesses accessed by paved roads. Building setbacks vary greatly for the existing businesses although staffs observations and code enforcement experience suggest that sites with nursery plantings and/or visual buffering along road frontages with parking/building areas located "in back" generate few if any complaints. Currently, all these agricultural zoning districts have a 30' building setback and no specific setback for driveways or parking areas. Staff's experience is that larger setbacks (such as 50') between landscaping services 158 facilities and property lines can also mitigate potential adverse impacts by providing separation from neighbors and ample area for buffering. Proposed Draft Ordinance For the Board's consideration, staff has drafted an ordinance that attempts to clarify and specify an interpretation of the code consistent with input from Board members at the March 5th meeting and based on staff's recent research. The approach of the draft ordinance is to simply clarify that in agricultural districts an "off-sitelandscaping services" use associated with a commercial nursery is accessory to the commercial nursery use, and to carefully definethe term "off-site accessory landscaping services". By a careful and thorough definition, the proposed code change would qualify what constitutes an allowable landscaping services use. Through the proposed definition, an off-site accessory landscaping services use in compliance with the proposed code change would: 1. Include installation and mowing/trimming maintenance services involving a broad range of landscape material, including grass (lawns), consistent with the code's existing Chapter 901 definition of "landscaping". 2. Not include pest control services. 3. Not include (and consequently, would not further regulate) services authorized and conducted in compliancewith a home occupation permit. 4. Be associated with a legally established nursery. 5. Be located on an agriculturally zoned site of at least 400,000 sq. ft. (9.183 acres). 6. Be set back (total parking/driveway/building area) at least 50 ft. from property lines. 7. Be limited (total parking/driveway/building area) to no more than 50% of the nursery area located on site (total area under cultivation including green houses, grow houses, shade houses, and similar structures). 8. Be visually screened (parking area) from adjacent properties and streets. 9. Not include or allow for burning, mulching, or dumping off-site debris on the nursery/ landscaping services site. In staff's opinion, the draft ordinance can be used by the Board as a "pending ordinance", applicable to any proposed or future landscaping services use in the A-1, A-2, and A-3 districts while proceeding with the formal LDR amendment process. RECOMMENDATION 159 Staff recommends that the Board of County Commissioners: 1. Consider the proposed draft ordinance, provide input to staff, and direct staff to initiate the formal land development regulation amendment process; and 2. Invoke the pending ordinance doctrine for the proposed draft ordinance during the formal adoption process. ATTACHMENTS 1. Minutes from March 5, 2019 BCC Meeting 2. Voluntary Agricultural Exemption Acknowledgement Form 3. Chart: Comparison of County Nursery/Landscaping Services in Ag 4. Chart: Agricultural Zoning Districts Comparison 5. Chart: Existing Landscape/Nursery Businesses in Ag 6. Proposed Draft Ordinance 160 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Final Tuesday, March 5, 2019 9:00 AM Commission Chambers Board of 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 161 Attachment 1 Board of County Commissioners Meeting Minutes - Final March 5, 2019 There being no further speakers, the Chairman closed the public hearing. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to adopt Ordinance 2019-008, amending the Future Land Use Map by changing the land use designation for±11.59 acres located at the southeast corner of 79th Street and U.S. Highway 1 from CII, Commercial Industrial to M-1, Medium Density Residential -1 (up to 8 units per acre); and to simultaneously redesignate ±11.44 acres located at the northeast cor r of 41st Street and U.S. Highway 1 from M-1, Medium Density Residents • -1 (up to 8 units per acre), to CII, Commercial Industrial; and providing coy' ication, severability, and effective date. The motion carried by the folio ing vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner - escher, Commissioner O'Bryan, and Commissioner Zorc Chairman Solari proceeded to the second hearing, a . equest to rezone both properties. The Chairman introduced the parties '.r the proceeding as being Indian River Land Trust, Inc. and Schwerin A• et Advisors, LLC. Each Commissioner, as requested by the hairman, disclosed ex parte communications, site visits, or indep- dent investigations. The Commissioners also affirmed that they have an op mind and can base their decisions on the evidence presented and the app ' able law. The Chairman confirmed that any and all documents and all tangib - evidence had been submitted to the Clerk. Senior Planner Bill Sc •tt displayed staffs recommendation from the previously shown PowerPoint . esentation. Chairman Sol i opened the Public Hearing. There being no speakers, the Chairman c . sed the public hearing. A motio • was made by Commissioner Flescher, seconded by Commissioner Zorc, adopt Ordinance 2019-009, amending the Zoning Ordinance and Zo ng Map for ±11.59 acres located at the southeast corner of 79th Street and . Highway 1 from CL, Limited Commercial District, to RM -6, Multi -family esidential District (up to 6 units per acre); and to simultaneously change the zoning designation of ±10.61 acres located at the northeast corner of 41st Street and U.S. Highway 1 from RM -6, Multi -family Residential District (up to 6 units per acre), to CL, Limited Commercial District and to change the zoning designation of ±0.83 acres located adjacent to the northwest corner of that property from RM -6, Multi -family Residential District (up to 6 units per acre), to OCR, Office, Commercial, Residential District; and providing codification, severability, and effective date. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc B. PUBLIC DISCUSSION ITEMS 10.B.1. 19-0193 Request to Speak from Spencer Simmons and Tim Campbell regarding Zoning District Use Violation Recommended Action: Request to Speak - No Action Required Indian River County Florida 1e11 Attachment 1 Board of County Commissioners Meeting Minutes - Final March 5, 2019 Attachments: Request to Speak Form. Spencer Simmons, 118 43rd Avenue; and Tim Campbell, 7330 37th Street, appeared before the Board to protest a Code Enforcement ruling which allowed a commercial business to operate in their Agriculture -zoned neighborhood. Using a PowerPoint presentation, Mr. Simmons displayed images of the buildings, commercial vehicles, and traffic at the subject property. He went on to explain that the business, Caribbean Lawn and Landscaping, had been cited for violating County code by erecting a building without a permit and violating the zoning use of the property. The Code Enforcement Board ruling, however, allowed the business to continue operation contingent upon the completion of a planned commercial nursery. Mr. Campbell spoke of his concern regarding the increased traffic, loss of property value, and the precedence. this would set to allow for similar businesses to open in the area. Chairman Solari requested clarification on the County code. from Stan Boling, Director of Community Development. Director Boling explained that agricultural operations, such as commercial nurseries, receive protection under the Right -to -Farm Act; this includes a preemption from pulling a building permit, and the ability to run an accessory business on the land. A business could be ruled as accessory, or subordinate, based on the percentage of the lot it uses. The Chairman expressed concern that this company was gaming the system by using the wholesale nursery business as a gateway for the landscaping operations. The other Commissioners expressed similar views, and cited examples of companies that were in keeping with the intention of the code. Roland •DuBlois, Chief of Code Enforcement, recounted the facts and analysis that led to the Code Enforcement Board's ruling. The consensus of the Board was that while they could not interfere in this ongoing case, they would like to consider modifications to the code that would prevent misrepresentations or abuses of the zoning rules. The County Administrator and staff were instructed to research modifications to the code that would balance the needs of agriculture and commercial business. No Action Taken or Required C. PUBLIC NOTICE ITEMS Indian River County Florida 1637e 12 Attachment 1 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) Verification of Exemption for Nonresidential Farm Building Generally, nonresidential farm buildings are an allowed accessory use on an agricultural property when State of Florida Statutes and licensing requirements are met. Local and state requirements are listed below: 1 Indian River County Ordinance Section 401.14 Agricultural exemption Nothing contained in this article shall be construed to apply to or affect buildings, structures or appurtenances located outside the corporate limits of municipalities and used solely for housing or storing agricultural animals, supplies, equipment or products by person, firm, or corporations engaged in agriculture. The exemption shall be construed consistent with applicable state exemptions and the Florida Building Code. Note: Structures complying with this section are exempt from Building Permit requirements;. no Building Permit is required. Florida Statute 553.73(10)(c) and Florida Building Code 102.2 (c) (10) The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions. shall be as determined by the Legislature and provided by law: (c) Nonresidential farm buildings on farms. Florida Statute 604.50 Nonresidential Farm Buildings (1) Notwithstanding any provision of law to the contrary, any nonresidential farm building, farm fence, or farm sign that is located on lands used for bona fide agricultural purposes is exempt from the Florida Building Code and any county or municipal code or fee, except for code provisions implementing local, state, or federal floodplain management regulations. A farm sign located on a public road may not be erected, used, operated, or maintained in a manner that violates any standard provided in s. 479.11(4), (5)(a), and (6)-(8). (2) As used in this section, the term: (a) "Bona fide agricultural purposes" has the same meaning as provided in s. 193.461(3)(b). (b) "Farm" has the same meaning as provided in s. 823.14. (c) "Farm sign" means a sign erected, used, or maintained on a farm by the owner or lessee of the farm which relates solely to farm produce, merchandise, or services sold, produced, manufactured, or fumished on the farm. (d) "Nonresidential farm buildings" means any temporary or permanent building or support structure that is classified as a nonresidential farm building on a farm under s. 553.73(10) (c) or that is used primarily for agricultural purposes, is located on land that is an integral part of a farm operation or is classified as agricultural land under s. 193.461, and is not intended to be used as a residential dwelling. The term may include, but is not limited to, a barn, greenhouse, shade house, farm office, storage building, or poultry house. Florida Statute 823.14 (3) Definitions — As used in this section: (a) "Farm" - means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products. (b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with production of farm, honeybee, or apiculture products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the placement and operation of an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. Florida Statute 193.461(3)(b) (3)(b) Subject to the restrictions specified in this section, only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural. The term "bona fide agricultural purposes" means good faith commercial use of the land. 1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: a. The length of time the land has been used. b. Whether the use has been continuous. c. The purchase price paid. d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment. e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. 164 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease. g. Such other factors as may become applicable. 2. Offering property for sale does not constitute a primary use of land and may not be the basis for denying an agricultural classification if the land continues to be used primarily for bona fide agricultural purposes while it is being offered for sale. Application and Interpretation of the above regulations: "Nonresidential farm buildings on farms" — means any nonresidential structure constructed on a farm for the purpose of supporting the production of farm or aquaculture products. (i.e. farm maintenance shops, farm office buildings that do not include dwelling units or barracks, packing sheds, drying sheds, loading docks and ramps, hay barns, horse barns without dwelling units or barracks under the same roof, cow barns, chicken coops, poultry facilities, milking parlors, hog parlors, veterinarian facilities located on the farm for the care and maintenance of the farm owner's animals, clam raceways, walk-in coolers and similar agriculture and aquaculture primary structures, support structures and support facilities). These structures may be exempt from Building Permits. "Residential farm buildings on farms" — means any habitable or non -habitable residential structure or residential accessory structure; or any structure supporting residential uses, including primary or accessory uses. (i.e. dwellings, guest houses, horse barns with dwelling units or barracks under the same roof, carports, porches, hobby shops, workshops, free standing garages, pet shelters, storage buildings used for storing non-farm related vehicles or materials, docks used for recreational purposes, swimming pools, masonry fences or other structures used for landscaping or residential purposes or similar nonagricultural purposes). These structures are not exempt from Building Permits. Zoning Criteria: ADVISORY WARNING: Although current Florida Statutes and a 2013 AGO Advisory Legal Opinion state that a non-residential farm building on a farm is exempt from zoning requirements and land development regulations, staff strongly recommends that the following requirements be satisfied: 1. Minimum setbacks. Within all agricultural zoning districts (A-1, A-2, and A-3), the minimum building setback from any property line is 30 feet. 2. No portion of the structure may encroach into an easement. Floodplain Requirements: All structures which are partially or wholly within a Special Flood Hazard Area ("Flood Zone") are subject to Type B or C Floodplain Development Permitting issued through the County Engineering Division, including structures exempt from the Florida Building Code (reference County Code section 930.08(2)). Obtaining an Exemption Determination: To obtain an exemption determination from the Building Division, an application form (no fee ust be completed and submitted to the Building Division. Application information is as follows: 1. Proof of ownership - This can be in the form of a recorded warranty deed, Property Appraiser, lease and owner's consent, or of rifiable means of proving ownership. 2. Construction site plan - A survey, sketch, or other legible drawing drawn to scale which shows: property boundaries and dimensions; any easements or rights -of way; any existing or proposed buildings with distances between buildings; setbacks from property lines for all existing or proposed buildings, including the proposed construction; any water bodies or jurisdictional wetlands on he property, right of way connection to public road and locations of flood zones. 3. I Floor Plan — A floor plan of each structure proposed for construction, depicting the agricultural use of all areas of each stryct^ire and the overall dimensions of the structure. 4. Proof of Farm - Agricultural Classification from Property Appraiser (info from website is acceptable). Exemption Affidavit - A fully completed, signed and notarized Verification of Exemption Affidavit (form attached). For further information contact Building Division at (772) 226-1260. *** THIS LIST IS INTENDED ONLY AS A GUIDE FOR APPLICATION SUBMITTAL AND MAY OR MAY NOT BE ALL INCLUSIVE*** 2 165 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) Verification of Exemption Affidavit for Nonresidential Farm Building Note: This exemption is applicable only for property with Agricultural Classifications determined or as applied by the Indian River County Property Appraiser. This is to certify that I, am exempt from the requirements for a Building Permit under Florida Statutes 553.73(10) (c), Florida Building Code 101.2, Indian River County Ordinance 401.14. The proposed construction, as depicted on the attached site plan is to be a nonresidential farm building on a farm. Property Owners Name: Address of Property: Mailing Address: Phone Number: Legal Description: Parcel #: Specific Directions to Job Site: *Contractor: DBA: License Number: Address: Email: Block: Lot: Name: Comp Card Number: City/State/Zip Code: Phone: Fax: Cell: Type of Structure: Use of Structure: Use of Site: Zoning District: Future Land Use: Flood Zone: Map #: Setbacks: North Side Proposed: South Side Proposed: East Side Proposed: West Side Proposed: Additional permits may be required from other governmental entities. Sub- Contractor Information: Electrical Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Plumbing Contractor: DBA: License Holders Name:. State License Number: Comp Card Number: Mechanical Contractor: DBA: License Holders Name: State License Number: Comp Card Number: 3 166 INDIAN RIVER COUNTY/CITY OF VERO BEACH BUILDING DIVISION 1801 27th Street, Vero Beach, FL 32960 772 266-1260 (No Fee) Roofing Contractor: DBA: License Holders Name: State License Number: Comp Card Number: Gas Contractor: DBA: License Holders Name: State License Number: Comp Card Number: I certify that all the foregoing information is accurate and that all work will be conducted and completed in compliance with all applicable laws regulating construction and zoning. This structure will not be utilized for habitation or as a dwelling. (Owner's Signature) (Printed Name) State of County of Sworn to and Subscribed before me, the Day of , 20 by who is personally known to me or has produced as identification. (Type of Identification) Signature of Notary Public Print, Type or Stamp of Notary Notes: 1. *To qualify as an owner/builder, the owner of the property must personally appear at the Building Division and sign this application. (FS §489.103.7) 2. Change of Use or Occupancy may require after the fact building permits with demonstrated code compliance including, but not limited to, destructive testing and inspections. 3. If requested by the applicant, plan review and inspections will be completed upon approval of a permit application and payment of required fees creating a permanent record of the construction completed for future use. 4. Construction Industry Licensing Laws, Mechanic's Lien Law, and Insurance Requirements There are no exemptions from state and county construction industry licensing law, mechanic's lien law, insurance requirements and worker's compensation law. Planning Division Building Division Approved ❑ Approved: ❑ Disapproved: ❑ Disapproved: ❑ Reason: Reason: Reviewed By: Reviewed By: Date: Date: 167 COMPARISON BY COUNTY: Nurseries & Landscape Services in Agricultural Districts County Retail Nursery Wholesale Nursery Landscape Services Brevard P P P* Martin P P P Osceola P P P Palm Beach P/C P/C C* St. Lucie P P P Indian River S P P** P = Permitted C = Conditional S = Special Exception (special criteria apply) *Allowed in Brevard's. 5 acre minimum agricultural district **Allowed as component (accessory) to wholesale nursery Palm Beach County landscape criteria: 1. Accessory to a retail or wholesale nursery 2. Minimum site size of 3 acres 3. Landscape buffer may be required depending upon adjacent use (usually required) 4. Outdoor storage of debris prohibited 5. Outdoor storage of yard waste limited to 30' x 40' area walled on 3 sides (12' wall ht. max.) setback 50' from all property lines and 100' from property with residential use or designation 168 F:\Community:Development\CurDev\LDR Changes\Nursery\Chart.docx AGRICULTURAL ZONING DISTRICTS COMPARISON INDIAN RIVER, BREVARD, ST LUCIE, MARTIN COUNTIES COUNTY ZONING DISTRICT MIN LOT AREA MIN LOT WIDTH MAX RES DENSITY OPEN SPACE INDIAN RIVER A-1 200,000 150' 0.2 60% A-2 430,000 150' 0.1 80% A-3 870,000 150' 0.1 80% BREVARD PA 217,800 300' 0.2 AGR 217,800 200' 0.2 AU 108,900 150' 0.4 AU(L) 108,900 150' 0.4 ARR 43,560 125' 1.0 ST. LUCIE AG -1 43,560 150' 1.0 90% AG -2.5 108,900 150' 0.4 85% AG -5 217,800 150 0.2 90% MARTIN AR -5A 217,800 300' 0.2 50% AR -10A 435,600 300' 0.1 50% AG -20A 871,200. 300 0.05 50% 169 Ref# Business Name Address Parcel ID Acreage Access Building Area/Type Enclosed Building Area in SF Building Parking Driveway Area Excluding Pole Barns in SF Cultivation Area in SF Enclosed Building/ Cultivated Area = % Building Parking Driveway Area/Cultivated Area = % Setbacks Zoning Distsrict IRCPA Permitted Improvements 1 CW WILLIS FAMILY FARMS 1405 58TH Ave 33390800001001000001.0 18.31 Paved 1140 sf/open sheds 0.0 56,628 344,124 0.0 0.16 1,200' F A-1 None 500' S 2 PETERSON'S GROVE & NURSERY 3375 66TH AVE 32393100001008000002.0 13.7 Paved 2,400 sf residence 15,758 128,680 466,092 0.034 0.28 150' F A-1 None 12,786 sf maintenance 100' R 572 sf barn 2,000 sf pole barn (store) 3 OSLO OAKS LANDSCAPE, INC 4325 17TH ST SW 33393300002001000001.1 8.8 Dirt 6,250 sf metal storage bldg 6,250 53,808 212,137.20 0.03 0.25 120' F A-1 None 5,000 sf open shed 4 ANCO LAND LLC 6050 8TH ST 33390800001015000003.0 9.5 Paved 1,688 sf metal storage bldg 2,488 52,716 205,378 0.01 0.26 425' F A-1 None 800 sf metal storage bldg 5 TROPICAL PROPERTY MGT 6300 1ST ST SW 33391700001014000002.0 19.4 Paved 2,400 sf open metal barn 5,500 113,174 206,043.00 0.03 0.55 700' F A-1 None 4,000 sf garage bldg 50' 5 1,500 sf modular bld 6 JORDON SPRNKLER SYSTEMS 6350 9TH ST SW 33392000001014000001.0 9.7 Paved 12,868 sf metal blds 12,868 75,358.80 0.0 0.0 0.0 177' F A-1 Office/warehouse 70'5 7 TREASURE COAST TURF/TREES 6420 37THS ST 32392900002020000001.1 6.9 Paved 5,684 sf (3 pole barns) 0 50,944 108,900 0.0 0.47 560' F A-1 RES/SP 30'S 8 PREMIER LANDSCAPE SOLUTIONS 6574 33RD ST 32393200001005000001.1 6.4 Paved 2,080 sf Quonset hut 4,680 55,906 82,764 0.06 0.68 900' F A-1 None 2,900 sf pole barn 30' R 2,600 sf metal bldg 9 J&D PROP. MGT & LANDSCAPING 6800 17TH ST SW 33393000001015000002.0 16.3 Dirt 1,500 sf pole barn 400 42,060 383,328 0.001 0.11 230' F A-1 None 400 sf mobile home 30' S 10 CHESTNUT ORNAMENTAL NURSERY 6900 65TH ST 32390700001007000002.0 10 Dirt 2,877 sf CB storage bldg 2,877 33,976.80 252,648 0.011 0.13 550' F A-1 None 35'5 11 CREATIVE LANDSCAPING & LAWN 7020 57TH ST 32391800001006000003.0 15 Dirt 3,885 sf pole barn 3,950 110,677.80 236,095.20 0.02 0.47 700' F A-1 None 1,950 sf metal bldg 65' S 2,000 sf quonset hut 12 CARIBBEAN LAWN & LANDSCAPE 7120 37TH ST 32393000001014000002.1 9.9 Dirt 7,647 sf 2 -story metal bldg 7,647 56,549.20 92,680.20 0.08 0.61 191' F A-1 None 950 sf pole barn 85' S (Proposed cultivated area) 13 WW SOD & EQUIPMENT 7398 615T ST 32390700001013000002.0 12.3 Dirt 27,651 sf metal bldgs (5) 27,651 58,806 365,904 0.08 0.16 40' F A-1 1,200 sf (barn) 1,200 sf pole barn 10' 5 14 HARDWOOD TREE FARM LLC 10475 138TH AVE 31370000001113100001.0 4.8 Dirt 2,400 sf metal bldg 2,400 48,425 101,005 0.02 0.48 550' F A-1 None 15 RITENOUR NURSERIES 7250 49TH ST 32391900001005000001.0 4.9 Dirt 1 residence 2,465 26,136 74,052 0.03 0.35 375' F A-1 RES 2,465 sf metal bldg 30' S 16 INDIAN RIVER LANDSCAPES, LLC 5900 12TH ST 33390800001008000001.1 9.3 Paved 640 sf metal bldg 640 20,037.60 226,512 0.003 0.09 250' F A-1 None 40'5 17 SEBASTIAN RIVER FARMS 5915 82ND AVE 32381400000100000002.0 270+ Dirt 7,700 sf metal bldg 14,270 127,450 10,890,000 0.001 0.01 13' F A-1 RES (9 Parcels) 5,270 sf metal bldg 3,230 sf pole barn 1,300 sf residence +nn AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 901,. DEFINITIONS; BY AMENDING SECTION 901.03, ESTABLISHING A DEFINITION FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES; BY AMENDMENT TO CHAPTER 911, ZONING; BY AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICTS USES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE:BOARD OF COUNTY COMMISSIO S OF INDIAN RIVER COUNTY, FLORIDA THAT . THE INDIAN RIVER COUNTY/1-,-ID DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND,CHPATER 911, ZONING BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03 by establishing a definition for "Off-site access° sy landscaping services" to read as follows: Off-site accessory landscaping services installation and moWin'g/trimming maintenance services (not including pest control services) involving landscaping\material such as grass, ground covers, shrubs, vines, hedges, trees, arid -Palms accessory`to aJlegally established wholesale nursery on agriculturally zoned propertyrat. least,400,000 squareifeef in size, where the total parking/driveway/building area associateP witli the landscaping service use is set back at least fifty (50) feet from property lines and is limited to na,more than f fty (50) percent of the nursery site area under cultivation -and where outdoor,parking area associated with the landscaping services .use is visuallycreened'from adjacentc"propertieeand streets. For purposes of this definition, area under'cultivation,.in"eludes green\louses, grow houses, shade houses, and similar structures. This dafinitioh, does not include servicesfauthorized and conducted in compliance with a valid home occupation pel-mrt-issued by tlie' ounty, and does not include or allow for the burning,,mulching, or\dumpmg-of off'si"te debris on the wholesale nursery/landscaping services site SECTION #2: Amend th follows: r,icultural Uses" portion of the use table from LDR Section 911.06(4), to read as \__7 -------- --- - - - District ----- - — - Uses A-1 A-2 A-3 RFD Agricultural General farming P P P - - Dairy farming A A A - Livestock and poultry raising P ! P P - - Stables (noncommercial) P P P A A Stable (commercial) P P P - 171 Sludge spreading AA A - - Tree farms P P P - - Kennel and animal boarding places Commercial A A A - - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animal specialty farms A A A - - Tenant dwelling S S� S - - Residential migrant housing facility .'S'•1. s S Nursery and greenhousesA S k N\\ Noncommercial Z---\ ‘ P P\.1.,P A A Commercial (cultivation, wholesaling, and off-site accessory�� P P �/ landscaping services* allowed; no retail sales allowed�o s e)` Agricultural businesses, excluding wholesaling and processing i S S" - - Agricultural industries � S �- S S - - Fish farms and water dependent plant and/or �annal,production N A A - - Agricultural research facilities NA -,-r A A - - Aquaculture \ 4V A A A A Fruit spreading (subject to snbsertion 917.06(15)) \/ 1/1 P P P - - *See definition of "off? to accessory landscaping services"in Chapter 901 Editor's note: all other portions of the Section 1 06(4) use table to remain as is, unamended. SECTION#3 SEVERABILITY If any clause, section o \prbvis'thirOrdinance shall be declared by a court of competent jurisaictio oto be unconsti uti'nion�ofal or ih alid for any cause or reason, the same shall be eliminated from this Ordinance and thei\emainindportion of this Ordinance shall be in full force and effect and be as valid as`if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF/CONFLICTING ORDINANCES The provisions of any)ther Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 172 SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of day of , 2019, at which time , seconded by Commissioner public hearing to be held on the adoption by Commissioner by the following vote: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Fle c e' r" \ Commissioner Tim Zor Commissioner Peter D. O'Bryan BO iD OF COUNTY CO ISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance dul.`d#and,a`dopted this day of , 2019. , 2019, for a it was.moved for , and, adopted BY: \\ob'Solari, Chairman TTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was file &with' the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 173 REGULATIONS FOR OFF-SITE ACCESSORY LANDSCAPING SERVICES USES IN AGRICULTURAL ZONING DISTRICTS BOARD OF COUNTY COMMISSIONERS JUNE 18, 2019 • MARCH 5TH BCC MEETING HEARD FROM MR. SIMMONS AND MR. CAMPBELL REGARDING A LANDSCAPING SERVICES BUSINESS (CARIBBEAN LAWN AND LANDSCAPING) ON 37TH STREET, WEST OF 66TH AVENUE • CONCERNS EXPRESSED ABOUT TRAFFIC, EFFECTS ON NEIGHBORHOOD, PRECEDENT FOR SIMILAR BUSINESSES IN AGRICULTURAL AREAS • DISCUSSED ACTIVE CODE ENFORCEMENT CASE (LANDSCAPING SERVICES BUSINESS ESTABLISHED PRIOR TO ESTABLISHING NURSERY) yr.T• 57TH ST (STOMA GROVERD)4 53RD ST (KINGSBERRY - Q RD) ST (LINDSEYRD)' • MARCH 5TH BCC MEMBERS EXPRESSED CONCERNS ABOUT LANDSCAPING SERVICES BUSINESSES "GAMING THE SYSTEM" • POTENTIAL FOR "ACCESSORY" BUSINESSES OUT OF SCALE WITH WHOLESALE NURSERIES IN AGRICULTURAL AREAS • BCC DIRECTED STAFF TO RESEARCH POSSIBLE LDR MODIFICATIONS TO BALANCE AGRICULTURE AND BUSINESS IN AGRICULTURAL AREAS • SINCE MARCH 5TH MEETING STAFF HAS CONDUCTED RESEARCH AND DRAFTED A PROPOSED LDR AMENDMENT TO MORE SPECIFICALLY DEFINE WHAT CONSTITUTES AN ALLOWABLE LANDSCAPING SERVICES BUSINESS ACCESSORY TO A WHOLESALE NURSERY IN AGRICULTURAL AREAS • DRAFT ORDINANCE COULD BE USED AS A "PENDING ORDINANCE" PUT INTO EFFECT DURING FORMAL LDR AMENDMENT PROCESS • STAFF KNOWS OF NO NEW LANDSCAPING SERVICES BUSINESS ESTABLISHED IN AN AGRICULTURAL ZONE SINCE MARCH 5TH MEETING • w 0 • 0 z ac 4,1 X ^ 101 II tt R 3• M A X M t • - R R n 1 • • i iy i w R n —.+ j Y wft M N A 0 �tle - 4:1- H }$ w elk AN X « :X R R' X N r R R X • b. !1 eV X ^ w X tit A N • • ii 31 2• • ' •' C R !C tt • �• • R R X• • w •1s R+ n • 4- X r R - 1-- i rwti.w,y l SL£dhhl S E£ dML. w A A X n Pi CC • + • R R tt ' 0• R ^1j 11.0 S ££ Well • r rrR t Sit it CUUE • LAND USE CONFLICTS IN AGRICULTURAL AREAS: INEVITABLE WITH ECLECTIC MIX OF AGRICULTURAL, RESIDENTIAL, BUSINESS USES IN LOW DENSITY "RURAL" AND REMOTE AREAS. • STATE PRE-EMPTIONS FOR AGRICULTURE AND RELATED USES (SUCH AS "AGRITOURISM") IN PLACE AND STRENGTHENED/EXPANDED SINCE 2011. THERE ARE CONSTRAINTS ON LOCAL REGULATIONS, INCLUDING PRE-EMPTION OF SITE PLAN AND BUILDING PERMIT REVIEW • CURRENTLY, STAFF USES A VOLUNTARY IRC VERIFICATION FORM TO PROVIDE SOME LEVEL OF CONFIRMATION AND RECORD FOR AGRICULTURAL PROPERTY OWNERS MAKING USE OF A STATE PRE-EMPTION A-1, A-2, A-3 DISTRICTS ALLOW COMMERCIAL NURSERIES AS PERMITTED USE, STATING: "WHOLESALING, AND OFF-SITE LANDSCAPING SERVICES ALLOWED; NO RETAIL SALES ALLOWED ON SITE" • STAFF HAS INTERPRETED THE OFF-SITE LANDSCAPING SERVICES COMPONENT AS NECESSARILY ACCESSORY TO THE WHOLESALE NURSERY USE • "ACCESSORY USE" FACTORS: • CLEARLY INCIDENTAL, CUSTOMARILY ASSOCIATED, SERVES PRINCIPAL USE • SUBORDINATE IN PURPOSE, AREA, EXTENT TO PRINCIPAL USE • LOCATED ON SAME SITE AS PRINCIPAL USE • STAFF'S INTERPRETATION: NURSERY MUST BE ESTABLISHED, SCALE OF LANDSCAPING SERVICES SITE AREA MUST BE LESS THAN NURSERY SITE AREA. CURRENTLY NO QUANTITATIVE STANDARDS IN THE CODE • STAFF RESEARCHED EXISTING NURSERY/LANDSCAPING SERVICES USES IN THE A-1 DISTRICT AND ANALYZED LOCATION, SITE, ACREAGE, ACCESS, BUILDING AND PARKING AREA, CULTIVATION AREA, SITE AREA RATIOS AND OTHER FACTORS • VARIOUS ASPECTS OF THE "ACCESSORY" NATURE OF A LANDSCAPING SERVICES BUSINESS COULD BE CLARIFIED WITH QUANTITATIVE INFORMATION LANDSCAPE/NURSERY/PROPERTY MANAGEMENT BUSINESSES IN AG. (A-1) 019'- 02/0812019 CW Willis Family Farms 1405 58th Av (18.3 acres) 01122/2019 - 02/08/2019 1-+1'1"--" Peterson's Grove & Nursery 3375 66th Av (13.7 acres) 1,10 -711 -1 S T !4325! olnol,porl07944'4f "gig, *Tor"? lirrilofflo#Rf AIWA �f� rravYs1�.M•+'i+rtllif/ir,�r/fS'�3f xY77�N�i+f• t" 1'I/ii.iplji if lwilitard• F0v140'31#iillPsOirif n Fk N1�f lrls'i. fefoie:0lOW��f�NtlilsflFa.��� .� �, ul►XlE firlis N XFr�tlfT� 1py17UIll / 'fi 11.0 • e+, 4. ,/4 ljt� N* ♦ 44 «rr: 117111 1' TT lCb'Y:'▪ ' .�Ytf'tl.YcCt+` {rfru�.„ MAW* p..* r.• ..v�'L" {tip �--..•�.. 7-'- • sirw 01122/2019 - 02/08/2019 Oslo Oaks Landscape Inc. 4325 17" St SW (8.8 acres) o Tropical Property Mgt. (Velde) 6300 l st St SW (19.4 acres) 01/22/2019 ,..o2ioat2O191,ioylry 45!„Isigiffkkolkiii4E4' 1ST S1?SW • Mdr"ii,y; ''ieAizel 'VS Jordan Sprinkler Systems, Inc. 6350 9th St SW (9.7 acres) 0 01/2212019 -1)2/0812019 Treasure Coast Turf & Trees 6.420 37" St (6.9 acres) Premier Landscape Solutions 6574 33rd St (6.4 acres) G ri J &: D Property Mgt. & Landscaping 6800 17th St SW (16.3 acres) Chestnut (Ornamental Nursery) 6900 65th St (10 acres) Creative Landscaping & Lawn Maintenance 7020 57th St (15 acres) 12212019 - 02108/2019 Caribbean Lawn & Landscape 7120 37th St (9.9 acres) 0 ,ks440i-Aiqiiiipt" 1-* • co Hardwood Tree Farm LLC 10475 138th Av (4.8 acres) ttcis+ .^• : � 'Cit aVIAS01.41W1 • 4•-01122/2019 - 02108/2019 �11E2 Ritenour Nurseries 7250 49th St (4.9 acres) 01/22/2019 .. 02/0.812019. Indian River Landscapes LLC 5900 12th St (9.3 acres) Sebastian River Farms LLC 5915 82"d Av (200+ ac.) I�'�-Z'1 EXISTING AND POTENTIAL REGULATIONS • BREVARD, MARTIN, OSCEOLA, ST. LUCIE, INDIAN RIVER COUNTIES ALLOW WHOLESALE LANDSCAPING SERVICES IN AGRICULTURAL DISTRICTS AS A PERMITTED USE (NO SPECIFIC CRITERIA); IRC AS ACCESSORY USE • PALM BEACH COUNTY APPLIES SOME SPECIFIC CRITERIA (ACCESSORY TO NURSERY, MINIMUM ACREAGE, LANDSCAPE BUFFER IN MANY INSTANCES) • STAFF REPORT DESCRIBES JUSTIFICATION FOR HAVING QUANTITATIVE STANDARDS FOR DEFINING AN ALLOWABLE ACCESSORY LANDSCAPING SERVICES BUSINESS IN AN AGRICULTURAL AREA • USED "DEFINITION APPROACH" TO QUALIFY WHAT CONSTITUTES AN ALLOWABLE LANDSCAPING SERVICES USE: TRADITIONAL "CONDITIONAL USE" SITE PLAN APPROACH NOT WORKABLE SINCE NORMAL SITE PLAN AND BUILDING PERMIT PRE-EMPTIONS APPLY Ce DRAFT ORDINANCE • CLARIFIES THAT AN ALLOWABLE LANDSCAPING SERVICES BUSINESS IS ACCESSORY • DEFINES LANDSCAPING SERVICES AS INSTALLATION AND MOWING/TRIMMING MAINTENANCE SERVICES FOR BROAD RANGE OF LANDSCAPE MATERIAL (TREES, SHRUBS, GROUND COVERS, GRASS/LAWN) • PRECLUDES PEST CONTROL SERVICES • EXCLUDES FROM FURTHER REGULATION SMALL-SCALE BUSINESSES CONDUCTED UNDER A HOME OCCUPATION PERMIT • SPECIFIES NURSERY MUST BE ESTABLISHED • SPECIFIES SITE MUST BE 400,000 SQ. FT. (9.1 83 ACRES) OR LARGER • SPECIFIES 50 FT. SETBACK FOR LANDSCAPING SERVICES PARKING/DRIVEWAY/BUILDING AREA • LIMITS LANDSCAPING SERVICES SITE AREA TO 50% OF NURSERY SITE AREA • SPECIFIES VISUAL SCREENING OF PARKING AREA FROM ADJACENT PROPERTIES AND STREETS • SPECIFIES PROHIBITION ON BURNING, MULCHING, OR DUMPING OFF SITE DEBRIS ON THE NURSERY/LANDSCAPING SERVICES SITE "PENDING ORDINANCE DOCTRINE" • ALLOWS BOARD TO DECLARE DRAFT ORDINANCE TO BE IN EFFECT DURING THE FORMAL CODE AMENDMENT PROCESS • WHILE IN EFFECT, DRAFT ORDINANCE WOULD BE APPLIED TO ANY NEWLY ESTABLISHED LANDSCAPING SERVICES BUSINESS IN A-1, A-2, A-3 DISTRICTS AND ANY NEW EXPANSION OR CHANGES TO EXISTING BUSINESSES RECOMMENDATION: Lst 1. CONSIDER DRAFT ORDINANCE, PROVIDE INPUT TO STAFF, DIRECT STAFF TO INITIATE FORMAL LDR AMENDMENT PROCESS 2. INVOKE PENDING ORDINANCE DOCTRINE FOR DRAFT ORDINANCE DURING FORMAL ADOPTION PROCESS 1.9,D) DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne BoyIIi° Human Resources Director Date: May 28, 2019 Subject: Medical and Pharmacy Benefit — Recommendations for Plan Year 2019/20. Background Indian River County provides employee and retiree group health insurance through a partially self-insured plan. Health insurance is available to full-time employees (budgeted at 30 hours per week or more) and eligible 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. Medical and pharmacy claims and plan administration expenses are funded from contributions made by employer and employee/retiree contributions. The County purchases stop loss insurance for extraordinary and aggregate claims experience to protect against high cost claims. The health insurance plan is an essential part of the employee benefit package and important to recruitment and retention efforts. The County has engaged the services of a professional benefits consultant, Lockton Companies, to review plan experience and provide recommendations to maintain a benefits package that is: ✓ Affordable ✓ Competitive ✓ Sustainable The current funding for the employee health insurance program is: County Retiree Group Insurance Benefits - Under Florida Statute 112.0801 "retirees and their eligible dependents shall be offered the same health and hospitalization insurance coverage as is offered to active employees at a premium cost of no more than the premium cost applicable to 174 Total Monthly Employer Monthly Employee Monthly Employee Only $685.00 $635.00 $50.00 Family $1,142.50 $875.00 $267.50 County Retiree Group Insurance Benefits - Under Florida Statute 112.0801 "retirees and their eligible dependents shall be offered the same health and hospitalization insurance coverage as is offered to active employees at a premium cost of no more than the premium cost applicable to 174 active employees. For retired employees and their eligible dependents, the cost of continued participation may be paid by the employer or by the retirees..." The County subsidizes retiree coverage for eligible retirees who elect to continue coverage under our group plan. The subsidized cost for retiree insurance ranges from $254.00 per month for single coverage to $700 per month for family coverage. Retirees who continue coverage and are not eligible for the County subsidy, pay the employer portion of $635.00 for single coverage to $875.00 for family coverage. This subsidy is in addition to Florida Retirement System health insurance subsidy that is provided through FRS ($5 for each year of service up to a maximum of $150.00 per month). The County does not receive any subsidy payment from the FRS. The FRS subsidy is paid directly to the retiree in the monthly retirement payment. Currently, Indian River County retiree premiums are calculated based on a reduced monthly premium (employer only portion) rather than the full monthly premium. The County provides additional funding for the cost of providing retiree coverage through OPEB funding. Many County retirees remain on the County's insurance beyond Medicare eligibility due to the low cost, pharmacy benefits and the ability to continue insurance for dependents. For the plan year ending October 2018, retirees account for 18% of the group health insurance population and 23.6% of the medical plan spend. As we review the plan's overall performance, we continue to look for opportunities to mitigate rising medical and pharmacy costs and deliver high quality, affordable and competitive benefits to members. Our plan reflects the following: • Approximately 3,600 individuals are insured under the group medical plan. • Full time employees and eligible dependents account for 82% of the group enrollment. The average age of employees = 49.8, Spouses = 50.1 and Dependents= 14.8 years • Retirees and their dependents account for 18% of the group enrollment with covered members/dependents ranging in age from 2 years to 94 years. • Top 5 diagnostic conditions by spend are Cancer, Circulatory, Rare Conditions, Gastrointestinal, and Musculoskeletal • Diabetes and CAD (Coronary Artery Disease) account for 29.2% of the medical plan spend • Core Chronic Conditions have increased over last year (Coronary Artery Disease, Congestive Heart Failure, Chronic Obstructive Pulmonary Disease and Diabetes) • Obesity, smoking, and other lifestyle factors place individuals in higher risk of developing chronic health conditions. • 48 high cost medical claimants represent 1.3% of the group population and account for $5.2M spend for the plan year through 9/30/18 incurred (34.6% of the spend). • Current medical and pharmacy claims experience combined is exceeding the budget allocation by $667,419 as projected for the 18/19 plan year. • It is expected that medical and pharmacy costs will increase by 8%. Maintaining a competitive health benefit is critical to recruitment and retention. Health plans vary significantly between employers. Some employers offer multiple plans with employees paying premiums based on the level of benefit provided. Plans offering lower benefit levels, typically have lower monthly premiums, and the employee pays a higher cost share when 175 obtaining benefits under the plan. Some employers are self-insured and some employers are fully insured. The current health insurance program has an actuarial value of 88% and is considered a gold plan under the Affordable Care Act. It would be appropriate to classify this plan as a Premier Gold Plan. The current plan provides the following benefits: • Preventive care covered at 100% • In -network coverage of 80% and employee coinsurance of 20% • In -network deductible of $400 single/$800 family • Copays for services ranging from $5 to $100 in -network • Office visits and urgent care $25 copay • Specialist visits $45 copay • Emergency care $100 copay (waived if admitted) + deductible + 20% coinsurance • Specialty imaging $100 copay • In -network Inpatient hospitalization $200 per admission deductible + deductible + 20% coinsurance • Prescription copays of $10 generic/$35 formulary brand/$50 non -formulary brand • Out-of-pocket maximum of $3,000 single/$6,000 family (including all deductibles, copays and coinsurance) in -network • Out -of -network service are provided with increased deductibles, out-of-pocket maximum, and higher cost sharing Supporting Employee Wellness The County continues to emphasize wellness and provides a $25 gift card wellness incentive for employees who complete their annual wellness exam and redeem points on the Florida Blue Cafe Well website. Human Resources also coordinates various training opportunities throughout the year, hosts on-site no cost mammograms, free health risk assessment, low cost ultra sound screening and offers an annual health fair, to support physical, financial, and emotional wellness. Recent Plan Changes Over the last several years, the County has made minor plan changes and minimal changes to employee paid premiums. In order to address rising pharmacy costs, a midyear pharmacy change was made effective May 1, 2018 to carve out the pharmacy benefit from the medical plan. This resulted in changing the pharmacy benefit manager (PBM) from Florida Blue's PBM Prime Therapeutics to Express Scripts (ESI) and selecting RX Benefits to oversee and administer the pharmacy benefit. The change in the PBM was made to secure improved pricing and 100% rebates for the pharmacy benefit and to have improved transparency in pharmacy costs. Rx Benefits works for the County to provide independent expertise and service. They monitor trends and identify opportunities to implement cost saving (avoidance) measures. They evaluate our pharmacy claims experience and obtain negotiated pricing to secure the best pricing for the County. Rx Benefits completed a reverse pricing analysis for the period May 1, 2018 through February 22, 2019 reflecting that pharmacy costs would have been $1,029,872 higher under the prior PBM contract with Prime Therapeutics ($1,349,551 annualized). The pharmacy spend for this period 176 was $4,944,077. The move to Express Scripts and RX Benefits administrative services has generated a 20.8% overall pharmacy savings (cost avoidance) although overall pharmacy claims continue to rise year after year. Plan Financial Performance The plan's financial performance since FY2010 is reflected below. Based on actuarial projections, current funding is not sufficient to maintain the status quo and changes will be needed. Increases in premiums and plan design modifications will be required for the upcoming FY2019/20 to fund the health plan and cover the cost of medical and pharmacy benefits to covered members in the upcoming plan year. $3,000,000 $2,000,000 $1,000,000 -$1,000,000 -$2,000,000 -$3,000,000 Health Program Net Revenues FY10 - FY19 Projected 2010 2011 2012 2013 2014 2015 2016(1) 2017 2018(2) 2019(3) $1\761`58 \`\�:\y$1•2 �� \ \\•• 0;30259331336' �\'''\',. ♦ • ;�� $933,336 ` , •� ♦• \♦ \ \\ \��\ ♦` ♦ '��� \�� • `. \. \\� \ $2;385;234 R. ` ♦\`\� �\` \`.\ `\ �� \\ \ \ ` \\ iJJiek iii , \111., ,,,,,‘, $JJ�i \ \ `♦ \, "���\\$1; ... �`` \ \\ `\``� \'\ 7547\ �O 0 442 ;9\; ` �� \♦\ \ \ . \\. \` \ `.\\ ''' \\\\ L. \‘‘\\* ��\ c��zA.,5, :ham\ s • \\\ Funding for the health plan is provided by employer, employee, and retiree contributions to the plan as well as OPEB funding. As of March 2019, the current plan year is running at a deficit and this trend is expected to continue into next year. Therefore, additional funding and plan changes will be needed to continue to provide affordable, competitive, and sustainable benefits for covered members. Affordable Indian River County has maintained a two tier premium for single and family coverage and maintains affordable premiums for both tiers of coverage. There is a strong provider network and network discounts through Florida Blue are good. The pharmacy benefit is administered by RXBenefits and the current PBM is Express Scripts. Members have a Targe network of pharmacies nationwide to obtain medications. 177 Offering affordable and competitive benefits is an important part of our recruitment and retention strategy. Medical and pharmacy costs will continue to increase year after year, and it is a challenge for an employer to provide.a plan that is affordable for both the employer and employees as well as competitive. The majority of public employers in the surrounding areas offer more than one plan for employees to choose between. Many employers have multiple premium tiers for employee only, employee + spouse, employee + children, employee + family. Each employer's plan design, deductible, copays, coinsurance and out of pocket maximum vary from agency to agency. Plans with a higher deductible, copays, coinsurance, and out of pocket maximums, have lower monthly premiums. Buy up plans offer higher benefit levels and employees pay a higher premium. Cost Saving Options In order to reduce the financial impact to employees and the County and maintain a plan that offers affordable monthly premiums, it is recommended that a Premier Silver Plan be offered as the County's core medical plan. The Premier Silver Plan would have an actuarial value of approximately 80% as an alternative to a Premier Gold Plan that would offer an actuarial value of approximately 88%. The provider network for medical and pharmacy would be the same under both plans. A comparison of the two plans is below: In -Network Benefits —Core - Premier Silver Plan Buy Up - Premier Go[Id Plan Individual/Family Deductible $800/$1,600 $400/$800 Individual/Family OOP Max (includes Deductible) $6,000/$12,000 $3,000/$6,000 Coinsurance 30% 20% Inpatient Hospital Copay (Per Admission) + Deductible & Co-insurance $500 $200 ER Copay (Waived if Admitted) + Deductible & Co-insurance 5500 $250 PCP Office Visit/Urgent Care $35 $25 Specialist Office Visit $60 $45 Advancing Imaging (in any setting) 30% $200 R Deductible $100 $0 Rx Retail Generic $5 $10 Formulary Brand $50 $35 Non -Formulary Brand $70 $50 Do Rx Copays Accumulate to OOP Max? Yes Yes Out of Network 40% 30% The Premier Silver Plan would be an affordable option for employees and retirees and still provide a competitive benefit. This plan option is available for Individuals who do not wish to pay higher monthly premiums. The Premier Silver Plan would have lower monthly premiums and continue to cover preventive services at 100%. The plan has a higher deductible, higher out-of- pocket maximums, higher coinsurances, increased copays, and a $100 pharmacy deductible. 178 Generic medications under this plan would be available at a $5 copay (reduction from the current copay of $10 for generic medication). Employee premiums under the Premier Silver Plan would reduce from today's current premiums, and the employer's cost would increase as reflected below: Under the Premier Silver Plan, retiree premiums would be based on the employer portion of $685.00 for single coverage and $1,075 for family coverage. Eligible retirees would continue to receive subsidy to assist with premium costs. Offering two plan options, would allow employees and retirees the flexibility of choosing the right level of coverage based on their situation. A higher level of coverage would require higher employee/retiree premiums. The Premier Gold Plan is very similar to the current plan benefits with the exception of the ER copay which would increase from $100 to $250 and specialty imaging which would increase from $100 copay to $200. Both employee and employer premiums would increase from today's current premiums as reflected below: New Monthly Premium Current Employee Premium New Employee Premium Current Employer Premium New Employer Premium Premier Silver Employee $725.00 $50.00 $40.00 $635.00 $685.00 Premier Silver Family $1332.50 $267.50 $257.50 $875.00 $1075.00 Under the Premier Silver Plan, retiree premiums would be based on the employer portion of $685.00 for single coverage and $1,075 for family coverage. Eligible retirees would continue to receive subsidy to assist with premium costs. Offering two plan options, would allow employees and retirees the flexibility of choosing the right level of coverage based on their situation. A higher level of coverage would require higher employee/retiree premiums. The Premier Gold Plan is very similar to the current plan benefits with the exception of the ER copay which would increase from $100 to $250 and specialty imaging which would increase from $100 copay to $200. Both employee and employer premiums would increase from today's current premiums as reflected below: Under the Premier Gold Plan, retiree premiums would be based on the total monthly premium of $795.00 for single coverage and $1,475 for family coverage (both employee and employer portion). Eligible retirees would also receive subsidy from the County to offset gold plan premium costs and retirees could enroll in the Premier Silver Plan to provide lower premium costs. The County's share of premium for insurance would be the same regardless of which plan a member elected to enroll in. The increased cost to the County would be $600 per year for single coverage and $2,400 per year for family coverage which is approximately $2.7M in additional premium based on current enrollment. 179 New Monthly Premium Current Employee Premium New Employee Premium Current Employer Premium New Employer Premium Premier Gold Employee $795.00 $50.00 $110.00 $635.00 $685.00 Premier Gold Family $1475.00 $267.50 $400.00 $875.00 $1075.00 Under the Premier Gold Plan, retiree premiums would be based on the total monthly premium of $795.00 for single coverage and $1,475 for family coverage (both employee and employer portion). Eligible retirees would also receive subsidy from the County to offset gold plan premium costs and retirees could enroll in the Premier Silver Plan to provide lower premium costs. The County's share of premium for insurance would be the same regardless of which plan a member elected to enroll in. The increased cost to the County would be $600 per year for single coverage and $2,400 per year for family coverage which is approximately $2.7M in additional premium based on current enrollment. 179 Competitive Plans The below chart illustrates how the proposed Indian River County Premier Silver and Premier Gold employee premiums would compare with other public employers. The proposed plans would remain highly competitive and affordable. Employee Monthly Premium Comparison - Single Coverage '$200 $1,000 $900 $800 $700 $600 $500 $400 $300 $200 $100 so Employee Monthly Premiums Comparison - Family Coverage $944 $400 $258 T' --'r , \a ti 3 �3 �� .6 O O5 PQ 044 Qor N. ti e ti ti 3eC�o c ao• 1 ��� QO .��y\c \ao e, ac ao \\a\���Q\Q\�ca�Lo e2 iOPA \e `e a QQ �5 Q Q Q 'c\ c',` c aac,v`eo r r`a aa ...§, 00. o�o� 00 0eaea 02) 0C00C'2,•x),'`'.c(z'b�C;C.ot°\''''\''Z)\''b e eea` P��4q�aQo L Je .....\e C„No ,No ,0ot`c°coN 4 aac o J a`ac a`a� 4�e co�e \' \(' 180 Additional RX Opportunity for Savings In addition to offering a core Premier Silver Plan and a buy up Premier Gold Plan, additional cost saving measures to control pharmacy costs are recommended. There are opportunities for additional cost savings (avoidance) by implementing: ✓ Formulary Optimization - A program that excludes low clinical value drugs from our formulary (gross projected savings of $98,944-40 members) ✓ RxB Utilization Management Review - A high dollar claim review program for all pharmacy claims over $1,000 to ensure that high costs medications are medically appropriate (gross projected savings of $148,930 to $208,502 -120 members) ✓ Manufacturer's Assistance Program for Specialty Medications - Redeem manufacturer assistance coupons on behalf of the plan (gross projected savings of $231,632 — 34 members) ✓ Out of Pocket Protection - A program to ensure that only actual out of pocket costs paid by members are applied to the plan's out-of-pocket maximums (credit coupons issued by manufacturers to reduce member costs would not apply towards out of pocket maximum). This program is termed the Clinical Advantage Program (CAP) — Standard Program and the net savings is estimated to be $413,456 based on a recent medication analysis after CAP fees of $1.45 per claim. It is important to note that these cost saving measures have a corresponding disruption or impact to approximately 194 of 3,597 covered members. For example if a medication does not meet the established criteria, it would no longer be covered under the pharmacy benefit. However, if no oversight of medications filled under the plan is implemented, the plan will continue to be vulnerable to paying for high costs medications that do not have supporting medical/clinical justification. Members who may be impacted will have access to concierge customer service through RXBenefits to assist them in medication transitions. Upon the Board's approval of recommended changes, staff would discuss the upcoming change with labor representatives and the constitutional HR representatives. In advance of annual open enrollment, meetings with employees would be held at various work sites to communicate the changes and answer questions. Funding Current funding for the health plan is provided by employer, employee and retiree contributions to the plan as well as OPEB funding. The recommended changes to the plan will provide necessary premiums to cover the current projected deficit and the projected costs for the 2019/2020 plan year. Current Funding Based on Current Enrollment 699 Employee / 953 Family $18,811,410 Proposed Funding with Increased Contributions $22,649,850 Increase over Current Year Funding $3,838,440 181 Employer Increased Cost (will not vary based on enrollment) Employee Increased Cost (based on 40% Silver/60% Gold enrollment) *Employee contributions will be lower if enrollment in Premier Silver Plan is above 40% RX CAP Program Formulary Optimization RxB Utilization Management Review Manufacturer's Assistance Program for Specialty Medications Gross anticipated savings/cost avoidance CAP Fees Total anticipated savings/cost avoidance after fees ($1.45 per claim): $2,706,600 $1,131,840* Savings/Cost Avoidance $98,944 $148,930 to $208,502 $231,632 $479,506 - $66,049 $413,456 Recommendation Staff recommends and respectfully requests the Board of County Commissioners approve, effective with the plan year beginning October 1, 2019, the County offer a Premier Silver Plan and Premier Gold Plan at the premium amounts stated above to eligible employees and retirees, and implement the pharmacy Clinical Advantage Program - Standard Program to manage pharmacy costs. 182 2019/2020 Health Insurance Recommendations The Cost of Healthcare Continues to Rise ► Over 3600 people covered under our plan (82% employee/dependents Et 18% retirees/dependents) ► 48 people have had high cost claims totaling over $5.2M ► Budget shortfall projected this year and to continue next year ► Current plan funding of $18.8M is not sufficient How is the Plan Funded The plan is partially self-funded Primary funding source is employer, employee 8 retiree contributions ► Stop loss insurance is purchased for high cost claims over $300,000 (annual premium $587,215) ► Because of plan experience - stop loss premiums will increase (initial quote is 20% increase) County Increasing Financial Contribution • The County is increasing employer health plan contributions by $2.7M for fY19/20 ► This is an 18% increase from current funding ► The County's contribution provides 80% of total funding ($18M of $22.6M) Funding Employer Funding Proposing 2 Plans - Employee Choice ► In order to provide affordable option for employees and retirees, we are proposing 2 plans ► Premier Silver (more affordable) ► Premier Gold (buy up option) ► Both plans have the same Florida Blue Options network and same pharmacy network What is the Difference Between Silver and Gold Plans? ► Premier Silver Plan pays 80% of total average costs (actuarial value of 80%). On average members would pay 20% of cost of covered benefits. ► Deductibles, copays, coinsurance and out of pocket max are higher ► Premier Gold Plan pays 88% of total average costs (actuarial value of 88%). On average members would pay 12% of cost of covered benefits. ► Lower deductible, copays, coinsurance and out of pocket max Comparison of Plans y afore Premier ilver Plan � Buy Pre ier � � �� aPl d ni Individual/Family Deductible $800/$1,600 $400/$800 Individual/Family OOP Max (includes Deductible, copays, coinsurance) $6,000/$12,000 $3,000/$6,000 Coinsurance 30% 20% Inpatient Hospital Copay (Per Admission) + Deductible & Co- insurance $500 $200 ER Copay (Waived if Admitted) + Deductible & Co-insurance $500 $250 PCP Office Visit/Urgent Care $35 - $25 Specialist Office Visit $60 $45 Advancing Imaging (in any setting) 30% $200 Rx Deductible (per person) $100 $0 Rx Retail Generic $5 $10 Formulary Brand $50 $35 Non -Formulary Brand $70 $50 Do Rx Copays Accumulate to OOP Max? Yes Yes Out of Network Coinsurance (includes Deductible, copays, coinsurance) 40% 30% Out of Network Individual/Family Deductible $1,600/$3,200 $800/$1,600 Out of Network OOP Max (includes Deductible, copays, coinsurance) $8,000/$16,000 $4,000/$8 0 Monthly Premiums - 2 Plans Premier Silver Single Current Employee Premium $50.00 Family Premier Gold Single Family $267.50 Current Employee Premium $50.00 $267.50 Proposed Employee Premium $40.00 $257.50 Proposed Employee Premium $110.00 $400.00 Current Employer Premium $635.00 $875.00 Current Employer Premium $635.00 $875.00 Proposed Employer Premium $685.00 $1075.00 Proposed Employer Premium $685.00 $1075.00 $1,600.00 $1,400.00 $1,200.00 $1,000.00 fi $800.00 $600.00 $400.00 $200.00 omparisonof Plan Premiums -- Comparison of Premiums Current / Silver / Gold $1;475OO $0.00 '. Current Single Silve Single Gold Single Current Family Silver Family Gold Family °Total $685.00, $725.00 $795.00 $1,142.50 $1,332.50 $1,475.00 °Employer $635.00 $685.00 $685.00 $875.00 $1,075.00 $1,075.00 °Employee $50.00 $40.00 $110.00 $267.50 $257.50 $400.00 J °Total °Employer ER Employee How Do Proposed Premiums Compare -Single Employee Monthly Premium Comparison - Single Coverage ............... ....... How Do Proposed Premiums Compare - Family Employee Monthly Premiums Comparison - Family Coverage $1,000 $900 $806 $800 $700 $600 $538 $500 $4G4 $168 $400 $426 $408 kd �� O 05 �� P o- •�r ac c o ¢c¢ c c �° 00 \ac y� 0� ° t•� i pQ O i aS� �a �a �a �a �a `' ca Q Q tii �a L° ¢ o O a� v o ° ° py aQ a2 aQ c� ca c c • c �� �� a� 0 �o 5¢ a� ac a� a� z� ° v c c v ° v o F E ¢ ¢ 1„,`<e" o 0 co �(° c-' os) C° L° l` \,°0 ¢tee �� Qat $' yam' ° 0 0�� o ¢� a .- `a `¢,a`b ��J`¢ �`e �¢ �S Qa°�� L� 0``0 0,¢` L� `4r00 yr°o 4 r0o aa „Ob 0 0 `� `moi � :Q' ^7.Lvle Wim! =, frt. n«,» �a�� Competitive Et High Level of Benefits ► Under the Premier Single Plan employees will pay $40 per month for single coverage and $257.50 for family coverage. ► Under the Premier Gold Plan employees will pay $110 per month for single coverage and $400 for family coverage. ► Very.few employers are able to offer this high level coverage to employees at these rates. Our plan remains very competitive. History of Employee/Employer Premiums �- Year Employee Employee Employer Employer Single . Family Single Family :2014/15 2015/16 2016/17 2017/18 2018/19 No cost No Cost $30.00 $50.00 $50.00 2019/20 Gold $110.00 2019/20 Silver $40.00 $217.50 $217.50 $247.50 $267.50 $267.50 $400.00 $257.50 $475.00 $505.00 $605.00 $605.00 $635.00 $685.00 $685.00 $715.00 $745.00 1$845.00 $845.00 $875.00 $1075.00 $1075.00 Since 2014.... Employee cost for single - increased either $40 per month for Silver or $110 for Gold. Employer cost for single - increased $210 per month either plan. Employee cost for family - increased either $40 per month for Silver or $182.50 for Gd. Employer cost for family - increased $360 per month either plan. Pharmacy Clinical Advantage Program ► Formulary Optimization - A program that excludes low clinical value drugs from our formulary (gross projected savings of $98,944 - 40 members) ► RxB Utilization Management Review - A high dollar claim review program for all pharmacy claims over $1,000 to ensure that high costs medications are medically appropriate (gross projected savings of $148,930 to $208,502 120 members) ► Manufacturer's Assistance Program for Specialty Medications - Redeem manufacturer assistance coupons on behalf of the plan (gross projected savings of $231,632 - 34 members) ► Out of Pocket Protection - A program to ensure that only actual out of pocket costs paid by members are applied to the plan's out-of-pocket maximums (credit coupons issued by manufacturers to reduce member costs would not apply towards out of pocket maximum). Projected Cost Avoidance ► The Rx Clinical Advantage Program is expected to result in $413,456 in cost avoidance ► If no Rx review is in place, plan is at risk of paying for high cost medications that are not consistent with medical necessity or FDA guidelines. Summary The County has increased funding significantly in the last six years Employee contributions have increased as well and remain competitive ► Affordable Premier Silver Plan introduced for employee choice with lower employee premiums Premier Gold Plan Buy Up Option ► Same Florida Blue Options Network for both plans ► Same Pharmacy Network for both plans Additional pharmacy reviews to control Rx costs Any questions? Hea th Insurance Premium Analysis Current 18/19 vs. Proposed 19/20 Rates Employee Premium Only Premier Gold Employee Premium Premium Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) Single 699 550.00 585.00 535.00 70.0% Family 953 5267.50 $350.00 $82.50 30.8% 17.1% 1,652 1,652 5742,230 35.6% Premier Silver Premier Silver Employee Premium Employer Premium Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) Single 699 550.00 515.00 -535.00 -70.0% Family 953 $267.50 $207.50 -$60.00 -22.4% 17.1% 1,652 1,652 -5391,896 -28.2% Grand Total Financial Impac to Health Plan Employer Premium Only Premie Gold Employer Premium Enrollment Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) Single 699 $635.00 5660.00 $25.00 3.9% Family 953 $875.00 $1,025.00 5150.00 17.1% 1,652 1,652 5742,230 35.6% Premier Silver Premier Silver Premier Silver Employer Premium Enrollment Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) Single 699 $635.00 5660.00 $25.00 3.9% Family 953 $875.00 51,025.00 5150.00 17.1% 1,652 1,652 -5391,896 -28.2% Grand Total Financial Impac to Health Plan Projected % Enrollment Grand Total - Employee and Employer Premie Gold Total (EE + ER) Premium Projected Enrollment Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) Single 699 $685.00 5745.00 $60.00 8.8% Family 953 51,142.50 51,375,00 $232.50 20.4% 991 1,652 52,829,348 5742,230 35.6% Premier Silver Premier Silver Total (EE + ER) Premium Projected Enrollment Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) Single 699 5685.00 5675.00 -510.00 -1.5% Family 953 51,142.50 51,232.50 590.00 7.9% 661 1,652 5999,516 -5391,896 -28.2% Grand Total Financial Impac to Health Plan Alternative 1 -2 Year Phase-in Premier Gold Financial Impact to Health Plan Projected % Enrollment Projected Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) 60% 419 5251,640 5427,788 5176,148 70.0% 60% 572 51,835,478 52,401,560 5566,082 30.8% 991 52,087,118 52,829,348 5742,230 35.6% Premier Silver Financial Impact to Health Plan Projected % Enrollment Projected Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) 40% 280 5167,760 $50,328 -5117,432 -70.0% 40% 381 51,223,652 5949,188 -5274,464 -22.4% 661 51,391,412 5999,516 -5391,896 -28.2% Grand Total Financial Impac to Health Plan Projected % Enrollment Projected Enrollment Current Proposed Increase (Decrease) % Increase (Decrease) 100% 699 5419,400 5478,116 558,716 14.0% 100% 953 53,059,130 53,350,748 5291,618 9.5% 1,652 53,478,530 $3,828,864 5350,334 10.1% Premier Gold Financial Impac to Health Plan Projected % Enrollment Projected Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) 40% 280 52,130,552 52,214,432 583,880 3.9% 40% 381 $4,002,600 $4,688,760 5686,160 17.1% 661 56,133,152 56,903,192 5770,040 12.6% Premier Silver Financial Impac to Health Plan Projected % Enrollment Projected Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) 60% 419 53,195,828 53,321,648 $125,820 3.9% 60% 572 $6,003,900 57,033,140 51,029,240 17.1% 991 59,199,728 510,354,788 51,155,060 12.6% Grand Total Financial Impac to Health Plan Projected % Enrollment Projected Enrollment Current Proposed Increase (Decrease) % Increase (Decrease) 100% 699 $5,326,380 $5,536,080 5209,700 3,9% 100% 953 510,006,500 511,721,900 51,715,400 17.1% 1,652 $15,332,880 517,257,980 51,925,100 12.6% Premier Gold Financial Impac to Health Plan Projected % Enrollment Projected Enrollment Current Premier Gold Proposed Increase (Decrease) % Increase (Decrease) 40% 280 52,382,192 $2,642,220 $260,028 10.9% 40% 381 $5,838,078 57,090,320 $1,252,242 21.4% 661 $8,220,270 $9,732,540 51,512,270 18.4% Premier Silver Financial Impact to Health Plan Projected % Enrollment Projected Enrollment Current Premier Silver Proposed Increase (Decrease) % Increase (Decrease) 40% 280 53,363,588 $3,371,976 58,388 0.2% 40% 381 57,227,552 57,982,328 5754,776 10.4% 661 510,591,140 511,354,304 5763,164 7.2% Grand Total Financial Impact to Health Plan Projected % Enrollment Projected Enrollment Current Proposed Increase (Decrease) % Increase (Decrease) 80% 559 55,745,780 56,014,196 5268,416 4.7% 80% 762 513,065,630 515,072,648 52,007,018 15.4% 1,322 518,811,410 521,086,844 52,275,434 12.1% Percent of Total Premiums 18.2% Percent of Total Premiums 81.8% 6/17/2019 /e INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 9, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Permission to Advertise for Modification to County Code Section 105 BACKGROUND: Indian River County Code Chapter 105 details Purchasing procedures and limits, and specifically establishes the County Administrator's purchasing authority. Other local purchasing thresholds and policies are established under the County Administrator's authority and detailed in the Purchasing Manual, as required by County Code Section 105.06. Staff has identified several proposed modifications to County Code Chapter 105 to enhance the efficiency and oversight of our procurement processes. RECOMMENDED CHANGES TO CHAPTER 105: 105.01. AUTHORITY OF COUNTY ADMINISTRATOR and 105.02 COUNTY COMMISSION: On July 26, 2005, the Board of County Commissioners approved Ordinance 2005-05, modifying the County Code to increase the Administrator's purchasing authority from $5,000 to $50,000. The costs for emergency or urgent work have increased, and the Administrator's ability to approve higher priced procurement actions is recommended to be increased. Of the neighboring Counties, only St. Lucie County's Administrator is limited to $50,000 or Tess. Brevard and Osceola Counties afford $100,000 procurement authority to their Administrators (or equivalent), and Martin County's Administrator is authorized up to $500,000. As such, staff recommends the County Administrator's purchasing authority be increased from $50,000 to $75,000. Additionally, staff recommends increasing the Administrator's current limit to authorize CCNA Studies from $25,000 to $35,000, which is the amount allowed by Florida statute 287.055 without competitive selection. Finally, authority to utilize piggybacking and cooperative purchasing is noted within the Purchasing Manual, but staff recommends it be included within the code, clearly indicating the Board's approval. 105.04(b). BIDDING PROCEDURES — PUBLICATION OF NOTICE: The current code requires publication of notice of all bids and proposals "in at least one newspaper of general circulation in the county." Only certain solicitations, such as construction projects 183 projected to exceed $200,000 and public-private partnership proposals, require newspaper advertising, per Florida statute 255.0525. Three bills were presented during the most recent legislative session proposing to reduce or eliminate the requirement for legal advertising in newspapers (HB -1235, SB -1676 and SB -1710). While the bills did not progress, they serve as an indication of reduced reliance on printed legal ads. The local requirement to publish advertisements in the newspaper creates a delay in release and unnecessary expense. The current requirement also leads to the disqualification of many bids from other municipalities for piggybacking, as only bids procured and awarded in the same manner as our procedures dictate are eligible for piggybacking. Legal ads for solicitations must be submitted five days prior to publication. Removing the restriction for newspaper advertisement will enable bids to be released within a day of the completion and approval of the documents, reducing the lead time for projects. During FY 17/18, the Purchasing Division advertised 68 solicitations in the Indian River Press Journal, at a cost of $8,105.22. Only 16 of those solicitations were required under statute to be advertised in the newspaper, for a cost of $3,462.46; well less than half the total amount spent on legal advertising for the year. During the past several months, all issued solicitations have included an optional response form for bidders and proposers to indicate the sources through which they were notified of the solicitation. Only one of the 58 response forms submitted since October 30, 2018 indicated the notification source for our solicitation to be a legal ad. Staff is confident no loss of visibility or interest in our solicitations will be recognized by minimizing newspaper advertisement of solicitations. 105.04(c). BIDDING PROCEDURES — BID BONDS AND OTHER BID SECURITY The current code sets the requirement for bid bonds at $25,000, which matches the bid threshold established in the Purchasing Manual, and has been effective since at least 1990. The County Administrator has agreed to approve an increase to the bid threshold to $35,000, and it is recommended the bid bond requirement be increased to match that threshold. The $35,000 bid threshold amount matches the current State of Florida competitive solicitation threshold, as well as the FEMA Small Purchase Threshold. 105.04(h) PAYMENT AND PERFORMANCE BONDS The current code refers to separate payment and performance bonds as contract security, however the office of the County Attorney recommends the option for a singular Public Construction bond be added. Separate payment and performance bonds may still be required for contracts awarded under Federal guidance, and at the Administrator's discretion. Changes to Purchasing Manual The Purchasing Manual is reviewed at least annually and updated as needed. In addition to the changes to the code discussed above, other changes pending to the manual include clarification regarding internal requisition, PO change order and bid processes. 184 RECOMMENDATION Staff recommends the Board authorize a Public Hearing for the requested changes to County Code Chapter 105, and note the Purchasing Manual will be updated as proposed upon approval of the associated Ordinance, with the same effective date. ATTACHMENTS: Proposed Ordinance Proposed Changes to Purchasing Manual 185 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 105.04 (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 AND INCREASE THE BID BOND THRESHOLD; 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 . 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 ($5075,000.00) 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- five thousand dollars ($325.000.00) or less for the county; and (c) utilize cooperative and 186 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 ($5075,000.00), is required for such purchases, said contract shall be signed by the chairman, the clerk, and the county administrator, and approved as to form and legal sufficiency by the county attorney. Any purported contract not so executed shall be void ab initio and shall have no force and effect whatsoever. The county commission may enter into contracts under this paragraph based on the recommendations of the county administrator, bidding procedures, or such other methods that the commission determines are in the best interest of the county. In addition, the county commission may direct the county administrator to take several bids and negotiate with these bidders to obtain an offer that is more advantageous to the county. * * * Section 105.04. Bidding Procedures. The following bidding procedures shall be followed if bidding is used and the procedures are not otherwise modified: (a) Public notice to solicit competitive bids or proposals/advertisement. Any public notice to solicit competitive bids or proposals/advertisement shall be considered an invitation to potential bidders to submit offers to the county in conformity with the county's invitation. All bids received shall be considered irrevocable offers until such time as the county commission accepts an offer or rejects the offer as provided for in the bid specifications. 187 (b) Publication of notice. Public notice of any solicitation of competitive bids, proposals or statements of qualifications shall generally be by publication in at least one newspaper of general circulation in the county when required by Florida Statutes section 255.0525, and in additional instances at the discretion of the county administrator. Publication of notice will be made on the county's web site, as well as other appropriate online bid notification sites, and may be made directly to potentially interested parties. (c) Bid bonds and other bid security. (1) Bids under twentythirtv-five thousand dollars ($ 35,000.00). 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 twentythirtv-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 bythe countyadministrator. Y (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. inspection. (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) Tabulation. A tabulation of all bids received shall be available for public 188 (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) Public Construction or payment and performance bonds. (1) Contracts under one hundred thousand dollars ($100,000.00). Normally, public construction or payment and performance bonds shall not be required; however, if the county administrator determines that public construction or payment and performance bonds are desirable in a particular instance, the public notice soliciting competitive solicitation for bids or proposals/advertisement shall specify the requirements for public construction or 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. Either a public construction bond equal to one hundred (100) percent of the contract price, or payment bonds equal to one hundred (100) percent of the contract price and 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 public construction or payment and performance bonds. (3) Public construction and payment and performance bond requirements. Each public construction, payment and performance bond shall be provided by a surety company authorized to do business in the State of Florida. The bond shall remain in effect for at least thirty (30) days after final completion. 189 (4) Security in lieu of public construction or 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 public construction or 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 public construction or 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 day of 2018, for a public hearing to be held on the _ day of , 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc 190 The Chairman thereupon declared the ordinance duly passed and adopted this day of January, 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 January, 2019. 191 Purchasing Manua Indian River County Board of County Commissioners Record of Changes Approved by the Board of County Commissioners Current Version Effective October 2, 2012. Revised November 19, 2012, January 9, 2013, February 11, 2014; October 14, 2014, December 8, 2015, March 15, 2016, July 17, 2018 Current. Revision Approved June X, 2019 Purchasing Division 1800 27th Street Vero Beach, FL 32960 (772) 226-1416 Purchasing@ircgov.com 192 TABLE OF CONTENTS 1. GENERAL INFORMATION 1 1.1 INTRODUCTION 1 1.2 PURCHASING OVERVIEW 1 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION 1 1.4 PURCHASING DEFINITIONS 4 1.5 AUTHORITY OF THE PURCHASING MANAGER 6 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 7 2.1 AUTHORITY 7 2.2 PURCHASE REQUISITIONS 7 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD 7 2.4 REQUISITION ENTRY 7 2.5 CHANGE ORDERS 8 2.6 PURCHASE ORDER AUDITS 9 2.7 VENDORS 9 2.8 PURCHASE REQUISITION/ORDER EXEMPTIONS 9 2.9 ONLINE PURCHASES 10 2.10ACCEPTANCE OF GOODS 10 2.11INVENTORY AND CONTROLS 11 2.12 INVOICES 11 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 12 3.1 BELOW THE MANDATORY BID THRESHOLD 12 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT 12 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") 13 3.4 EMERGENCY PROCUREMENTS 13 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS 14 3.6 BLANKET PURCHASE ORDERS 14 4. COMPETETIVE SELECTION - BIDS 15 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD 15 4.2 BIDDING PROCEDURES 15 4.3 AWARD 17 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS18 4.5 WORK ORDERS/AUTHORIZATIONS 20 193 4.6 CHANGE ORDERS 20 4.7 DIRECT PURCHASE 21 5. COMPETITIVE SELECTION - RFP/RFQ 22 5.1 REQUEST FOR PROPOSAL (RFP) 22 5.2 REQUEST FOR QUALIFICATIONS (RFQ) 23 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS 25 5.4 PROPOSALS FOR PUBLIC-PRIVATE PARTNERSHIP (P3) 25 6. SUMMARY OF PROCUREMENT 26 7. PROTEST PROCEDURE 27 7.1 RESOLUTION OF PROTESTS 27 8. EXCESS/SURPLUS ASSET DISPOSITION 28 9. PURCHASING CARD PROGRAM 29 9.1 AUTHORIZATION 29 9.2 RESPONSIBILITIES 29 9.3 PROCEDURES 31 194 1. GENERAL INFORMATION 1.1 INTRODUCTION The purpose of this manual is to set forth and implement policies and procedures governing the procurement of commodities and services. All personnel charged with responsibility for procuring commodities and services must be thoroughly familiar with the policies and procedures set forth herein. 1.2 PURCHASING OVERVIEW Procurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes. The Board of County Commissioners (Board) has delegated limited authority to procure commodities and services to the County Administrator, and through his authorized delegation, the Purchasing Manager. Any procurement in excess of the authority of the County Administrator shall be approved by the Board. The County Attorney shall serve as legal counsel and provide legal services with respect to procurement matters. 1.3 GENERAL PROVISIONS, PURPOSES AND APPLICATION A. Authority. Pursuant to chapter 105 of the Indian River County Code of Ordinances, the policies and procedures set forth herein have been promulgated by the County Administrator, and approved by the Board. B. Short Title. These policies and procedures shall be known and may be cited as the "Indian River County Purchasing Manual" or "Purchasing Manual." C. Application of This Manual. 1. General Application. This manual shall apply only to procurement transactions solicited or entered into after the effective date of the manual. 2. Application to Procurement. This manual shall apply to all procurement transactions by the County, irrespective of the source of funds. The use of state or federal grants or funds shall not exempt compliance with the requirements of this manual, unless 195 specifically provided within a grant or funding agreement approved by the Board, or by applicable state or federal law. 3. Dependent Special Districts. This manual shall apply to procurement transactions solicited or entered into by the County on behalf of dependent special districts. 4. Revisions. The Purchasing Manager shall review this manual on an annual basis to determine if revisions are needed. Revisions may be made at the direction of the County Administrator upon recommendation of the Purchasing Manager. Any substantial and material revisions shall be approved by the Board. D. Waiver of Requirements of the Manual. The Board may waive the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. E. Waiver of Technicalities and Irregularities. The Board may waive any technicalities or irregularities relating to compliance with the requirements of this manual when it is in the best interests of the County to do so. This waiver may be made before or after completion of the procurement transaction. F. Limited Authority of the Purchasing Manager. The Purchasing Manager shall be authorized to procure commodities and services up to $35,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the Purchasing Manager to exercise such authority. G. Limited Authority of the County Administrator. The County Administrator shall be authorized to procure commodities and services up to $75,000, without competitive selection, unless otherwise required by applicable state or federal law; provided, however, that nothing herein shall require the County Administrator to exercise such authority. The County Administrator is authorized to procure planning or study activity services obtained pursuant to the Consultants' Competitive Negotiation Act, F.S. 287.055 up to $35,000. H. Indemnification. All contracts for services or public works projects (other than construction contracts), and any other contracts deemed necessary by the County Administrator or the Board, shall provide that the contractor or vendor shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the contractor (or vendor), or its employees, agents, subcontractors, or other persons or entities performing work under the contract. CONSTRUCTION CONTRACTS SHALL INCLUDE THE INDEMNIFICATION PROVISION SET FORTH IN SECTION 4.4 BELOW. Insurance Requirements. Contracts shall contain requirements for the protection of the County through sufficient insurance as specified by the Risk Management Division, which shall approve the insurance requirements contained in the bid documents. Upon award, the Risk 196 Management Division shall review certificates of insurance, approving those which comply with the requirements of the bid documents. Non -approved certificates of insurance shall be returned to the Purchasing Division with a statement of the reasons for non -approval and instructions on how the certificate may be corrected. Insurance requirements shall be met prior to final execution of the contract by the Chairman of the Board, or the County Administrator or the Purchasing Manager. The Originating Department, Purchasing Division and the Risk Management Division shall not allow any contract to continue without proper insurance in effect. Work to be authorized by purchase order must also meet the insurance requirements dictated by the Administrative Policy and Risk Management. J. Bid Bond. 1. A bid bond or alternative bid security must accompany each bid exceeding $35,000, unless such requirement is waived by the County. A bid bond must be properly executed by the bidder and by a qualified surety. Alternative bid security must be in the form of a certified check or cashier's check issued by a bank authorized to do business in the State of Florida. The bid bond or security shall be in the amount of not Tess than five percent (5%) of the total amount of the bid, and shall be payable to the Indian River County Board of County Commissioners. Any failure or refusal by the bidder to honor the bid after opening shall be deemed to be a breach of the bidder's obligations. In such event, the bid bond or security shall be immediately payable to the County as liquidated damages, and not as a penalty. 2. Failure to supply the required bid bond or security at the time of the bid opening shall automatically disqualify the bidder as non-responsive to the bid requirements. K. Sole Discretion. Any decision, waiver, exercise of judgment or interpretation required or permitted by this manual, or the application of this manual, by the County or any County official shall be deemed to be made in the sole and absolute discretion of the County or the official, and shall be final and binding upon all affected parties. L. Contract Renewal or Extension. Renewal or extension of any contract shall be at the sole discretion of the County. No supplier of commodities or services shall have a legal right to renewal or extension of any contract. M. Contracts or Purchase Orders Entered into in Violation of this Manual. Any contract, purchase order or other commitment entered into by a County employee or department in violation of this manual shall be null and void; provided, however, that the Board may waive the requirements of this manual, or any technicalities or irregularities relating to compliance with the requirements of this manual, when it is in the best interests of the County to do so. N. Nondiscrimination, Equal Employment Opportunity and Americans with Disabilities Act. Indian River County will not knowingly do business with vendors or contractors who 197 discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. O. Ethics and Conflict of Interest. All County employees involved in any part of the procurement process are required to act in an ethical manner. Local policies addressing such practices may be found in the Administrative Policy Manual, AM -806.1, Conflicts of Interest/Ethics Code 104.06 (which supplements the requirements of F.S. Chapter 112) and County Code Section 105.08 — Disclosure of Relationships. P. Projects Involving Federal Funding. When a procurement involves federal assistance or the expenditure of federal funds, the procurement and any resulting contract shall be conducted in accordance with any mandatory applicable federal laws and regulations, including 2 C.F.R. §200.317 through 326. Departments are responsible for defining funding sources when requesting a bid number. Q. Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to a solicitation. This restriction is effective from the time of bid advertisement/release until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. 1.4 PURCHASING DEFINITIONS APPLICABLE LAW - Any local, state or federal law which applies to the transaction or issue at hand, as amended from time to time. If any specific statute or local law is cited in this manual, such reference shall be to the statute or local law, as amended from time to time. EMERGENCY - Any circumstance which creates a threat to public health, safety, welfare or property, or may result in substantial Toss to the County. The term shall not be limited to officially -declared local, state or federal emergencies. In the absence of an officially declared state of emergency, the Purchasing Manager (for purchases up to $35,000), the County Administrator or the Board shall determine whether an emergency exists for procurement purposes. EMERGENCY PROCUREMENT — A procurement transaction necessitated by an emergency where the delay incident to compliance with this manual would be detrimental to the best interests of the County. INVITATION TO BID — A solicitation for fixed pricing to complete specified work or provide specified commodities or services. 198 INVITATION TO NEGOTIATE (ITN) — A solicitation for proposals to determine a best value option to meet a specific goal or address a specific problem. The solicitation seeks one or more respondents with whom the County will negotiate for the procurement of commodities or contractual services. Unless otherwise identified in the individual solicitation, evaluation will be completed as outlined in Section 5.1, however negotiations with multiple firms may be conducted concurrently. MANDATORY BID THRESHOLD — The mandatory bid threshold shall be $35,000. Commodities or services having an estimated value equal to or in excess of the mandatory bid threshold shall be procured through a competitive selection process; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $75,000, without competitive selection, and at his discretion, without three quotes if determined to be in the best interest of the County, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction up to or in excess of $75,000, without competitive selection, unless otherwise required by applicable law. OFFICIAL — Any reference to a county official in this manual — such as the County Administrator, County Attorney, Department Director, Purchasing Manager or Risk Manager — shall include the official, or his or her designee. ORIGINATING DEPARTMENT — The department within the County which originated the request for procurement of a commodity or service. REQUEST FOR INFORMATION (RFI) — A solicitation of input from interested parties for an upcoming solicitation. This procurement practice used to obtain comments, feedback or reactions from potential suppliers (contractors) prior to the issuing of a solicitation. Generally price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc. REQUEST FOR PROPOSAL (RFP) —A solicitation for proposals to achieve a stated objective. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may request a price proposal, to be considered in accordance with the evaluation criteria. (See section 5.1 below). REQUEST FOR QUALIFICATION (RFQ) — A solicitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no less than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. (See section 5.2 below). RESPONSIVE BIDDER — A bidder whose bid, proposal or submittal complies in all material respects with the bid invitation or solicitation request, as determined by the County. 199 RESPONSIBLE BIDDER — A bidder who has the capability in all respects to fully perform the contract requirements, and the integrity and reliability that will assure good faith performance, as determined by the County. SERVICES — This term shall generally include all services rendered to the County, except those described in section 287.057(3)(e), Florida Statutes (e.g, legal services, health services, etc). Services described in section 287.057(3)(e), Florida Statutes, may be procured without competitive selection. SOLE SOURCE — The only known vendor reasonably capable of providing a specific commodity or service to the County. SOLE BRAND — The only known brand reasonably capable of fulfilling the specific needs of the County. TECHNICALITY OR IRREGULARITY — An item which is not in compliance with the bid invitation or solicitation request, but which is determined by the County to be immaterial to the substantive terms and conditions of the bid, proposal or submittal. The waiver of a technicality or irregularity shall not result in an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. 1.5 AUTHORITY OF THE PURCHASING MANAGER A. Line of Authority. The Purchasing Division is part of the Office of Management and Budget. The Purchasing Manager is directly responsible to the Director of the Office of Management and Budget. Except as otherwise provided in this manual, the Purchasing Manager shall procure or oversee the procurement of all commodities and services for the Board. B. Principal Procurement Officer of the County. The Purchasing Manager shall be the principal procurement officer of the County. • C. Operational Procedures. The Purchasing Manager may adopt operational procedures covering the internal functions of the Purchasing Division and delegate rights, powers, and authority vested in him to other Purchasing Division staff. 200 2. REQUISITION, PURCHASE ORDER AND RECEIVING GUIDELINES 2.1 AUTHORITY No County employee has the authority to purchase or commit public funds toward the purchase of commodities or services without first complying with the appropriate requisition and procurement procedures. Purchase Orders will not be issued "after the fact" without sufficient justification and explanation, at the Purchasing Manager, County Administrator or Board's discretion. 2.2 PURCHASE REQUISITIONS All requests for procurement shall start with a properly prepared purchase requisition created in the MUNIS electronic financial software system. Requisitions must be completely filled out with' the proper information, required quotes, documentation, attachments, approvals, account number, and final approval by the Budget Office. Departments will be given 24 hours after notification by Purchasing to provide any missing documentation, after which time the requisition shall be rejected and returned to the Originating Department. 2.3 QUOTE REQUIREMENTS BELOW MANDATORY BID THRESHOLD Purchase requisitions for items valued between $3,500 and $35,000 shall include copies of the written quotations received from each of a minimum of three vendors dated within the past 30 days or listing a current expiration date. The Purchasing Manager may waive the requirement for quotes below the mandatory bid threshold, if determined to be in the best interest of the County. 2.4 CAPITAL ITEM PURCHASES Budgeted capital purchases must be completed and received during the funded fiscal year and must be procured in accordance with the quote and mandatory bid thresholds. Bids for capital purchases budgeted for more than the $35,000 bid threshold should be prepared in the first quarter of the fiscal year. All budgeted capital purchases should be made prior to June 1 to ensure the goods are received prior to the end of the fiscal year. 2.5 REQUISITION ENTRY 201 Requests for purchase orders shall be initiated by entry of an electronic requisition into MUNIS indicating the vendor, item description, and amount being requested. Requisitions shall also include the following information: A. Dates the blanket purchase order is to be in effect (i.e., start and end dates). B. General description of commodities to be purchased. C. Account number must accurately reflect the item being procured (for example, capital items should be against a capital account; tools should be against expendable tools rather than office supplies). Contact Finance for assistance in adding appropriate accounts. D. Multiple line items are required where more than one account number is to be used. Each account number requires a separate line. E. If only one account is used on the requisition and/or if a quote is attached showing all items to be purchased are under the $3,500 quote threshold, the entire requisition amount should be entered on a single line to facilitate invoice processing and year end PO closeout. F. Quote numbers and bid or contract numbers must be referenced in a note that will print on the Purchase Order. G. Requisitions for tires must have a list of fleet vehicles and their respective tire sizes attached. Fleet Management Division purchases are exempted from this requirement. H. Any requisition involving grant funding must have the commodity code (on main page of requisition entry) set to "000 Grant". Any requisition involving an operating lease must have the commodity code (main page of requisition entry) set to "001 Operating Lease". 2.6 CHANGE ORDERS If the amount of a purchase order is anticipated to be exceeded, the department shall request authority to increase the amount through their Department Director to the Budget Department using the electronic "Purchase Order Increase Request Form", which should provide sufficient detail and justification for the increase or change to account number. All requests to increase allocation against a Purchase Order (including those associated with bids, piggybacks and other contracts) must provide an explicit explanation for the overage. Requests for increases to blanket purchase orders must also provide the total amount spent by the requesting division on this good or service from this vendor in the previous fiscal year, on this good or service with all vendors in the previous fiscal year, and the total amount allocated for this good or service with all vendors for 202 the current fiscal year. The completed forms must be electronically signed and forwarded by the Department Director. If the Budget Department approves the increased funding request, the Purchasing Division shall review and process the change order, up to a maximum total of $35,000 (for purchase orders not associated with a bid, contract, or piggyback, which may exceed the $35,000 threshold). The County Administrator may authorize an increase up to a maximum $75,000 total (on purchase orders not associated with a bid, contract, or piggyback). The Board may authorize increases to Purchase Orders over $75,000. Multiple Purchase Orders may not be issued to the same vendor for the same goods or services to subvert the required approvals. 2.7 PURCHASE ORDER AUDITS The Purchasing Division will audit Purchase Orders issued by vendor to ensure compliance with applicable thresholds, approvals and contract terms and pricing. 2.8 VENDORS When a new vendor, whether to be paid through P0, Contract or Pay Request is not presently listed in MUNIS, the Originating Department shall provide and submit new vendor information in the form of a W-9 to the Purchasing Division for approval as a vendor. The vendor shall be referenced against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. If required, the possession of appropriate licensure, and liability and worker's compensation insurance will also be verified. Additional sources may also be reviewed. If approved, the Purchasing Division will forward the W- 9 to the Finance Office of the Clerk of the Circuit Court, who shall enter the vendor information into its records and issue a vendor number which shall be provided to the Originating Department. Departments should review the vendor information (address, contact name, etc.) for accuracy prior to releasing requisition. Requested changes to vendor addresses must be documented in writing from the vendor and will require either Purchasing or Finance to contact the vendor by telephone for verification. 2.9 PURCHASE REQUISITION/ORDER EXEMPTIONS The following expenditures do not require a purchase requisition or a purchase order, and may be processed on a pay request: 1. Salaries, by position, which were included in the department's annual budget 2. Travel expenses in accordance with the Indian River County Travel Policy 3. Routine overhead such as: water, sewer, natural gas, electrical, telephone and garbage fees 4. Shipping charges, postage and postage meter rentals: does not include mailing or stuffing service 5. Subscriptions (print and electronic), subscription renewals and books. This includes the following for libraries: preview materials, standing orders, 203 single sets pre -ordered to be shipped when published. Routine orders of books for libraries are excluded from this exemption. 6. Hospital bills and nursing home bills 7. Medical claims, workers' compensation claims, and liability claims as paid from the County's self-insurance funds 8. After school programs, including salaries for teachers, referees, umpires and swim instructors, and food expenses 9. Railroad crossing signal maintenance 10. Legal services 11. Newspaper advertisement magazine/agency advertisements 12. Notary public applications 13. Welfare services indigent care (food vouchers, prescriptions) 14. Medical services 15. Surplus equipment and services acquired from other local, state or federal agencies 16. Application for permits 17. Registration and licensing fees 18. College tuition and/or educational fee and training fees 19. Membership dues 20. Instructor fees (Up to $3,000 per training event) 21. Title searches/title insurance 22. Expert witness fees and/or services; also includes travel in accordance with Florida statutes 23. Court orders 24. Landfill fees 25. Overnight express mail service 26. Payment of fuel credit cards 27. Rubber stamps 28. Employee business cards 29. Reimbursement to County employees for the purchase of items intended for County use, when pre -approved prior to purchase by Division or Department Director in writing 2.10 ONLINE PURCHASES Prior to placing an order from an online vendor, whether by purchasing card or by purchase order, departments shall confirm with the Purchasing Division whether a County account has already been established. The Purchasing Division currently oversees online accounts providing tax- exempt and contract -based purchases from vendors such as Office Depot, Staples, Amazon, Lowes, Grainger and Home Depot. Departments should not enroll the County with online accounts without first discussing with the Purchasing Division to prevent duplication of accounts, work with vendors convicted or suspended by the State or Federal government, and to ensure tax exemption and any available discounts are utilized. 2.11 ACCEPTANCE OF GOODS 204 When physical goods are received, the packing slip must be signed by the person accepting or receiving the goods. This documentation must be submitted with the invoice for processing, or with the purchasing card receipt as documentation. If no packing slip is received, the order confirmation may be printed and signed in the same manner as indication of receipt. In cases where a packing slip or order confirmation cannot be provided because the vendor requires the delivery to be confirmed on the invoice itself, the employee receiving the goods must sign the invoice to confirm delivery and then forward to a supervisor for approval of payment. The person signing for receipt of the goods may not be the same person approving the invoice for payment. In cases where the person with signatory authorization is the same as the person accepting the goods, that person's supervisor must also approve the invoice. 2.12 INVENTORY AND CONTROLS Any goods held as "inventory" or "stock" must be controlled by an inventory management system. This does not apply to rapidly consumed items, such as office supplies. 2.13 INVOICES Payment can only be made to a vendor from a valid invoice (not a statement, quote, or email). Departments are responsible for ensuring vendor invoices include the following information: ✓ Purchase Order Number ✓ Description of the items provided ✓ For equipment parts, indicate a specific fleet or unit number, if applicable The Department must verify the price and quantity reflected on the invoice is in compliance with the PO, contract and/or quote. Each invoice must be submitted separately for processing, entry in Munis and payment. Signature authorization for payment must be on each invoice itself (not the submitted PO copy or pay request cover sheet). The Budget Department will audit invoices and General Ledger accounts. 205 3. PURCHASES NOT REQUIRING COMPETITIVE SELECTION 3.1 BELOW THE MANDATORY BID THRESHOLD Purchases below the mandatory bid threshold may be made without competitive selection;. however, purchases below the mandatory bid threshold may be made with competitive selection, at the discretion of the Purchasing Manager, the County Administrator or the Board. Quotes are required as detailed in paragraph 2.3. 3.2 SOLE SOURCE AND SOLE BRAND PROCUREMENT A sole source or sole brand purchase less than $35,000 may be authorized by the Purchasing Manager after receipt of proper documentation from the Originating Department in the form of a completed sole source/sole brand memorandum and documentation verifying that a good faith review of available sources or brands has been completed. A record of the sole source or sole brand request shall be maintained by attachment of the completed documentation in the MUNIS requisition file. A sole source or sole brand purchase up to $75,000 may be approved by the County Administrator. Any request in excess of $75,000, shall be submitted to the Board for approval. A sole source procurement involving contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility shall be governed by Florida Statute 255.04, which generally provides that the Countymay not specify the use of materials or systems by a sole source, unless the Board, after consideration of all available alternatives materials and systems, determines that the specification of the sole source is justifiable based upon its cost or interchangeability, and the sole source specification has been recommended by the architect or engineer of record. Documentation of the Board's determination and supporting justification shall be maintained in the bid or requisition file. For a commodity or service to be deemed a sole source or sole brand procurement, the department must submit appropriate documentation, which shall include both correspondence from the manufacturer or vendor (dated within the past 12 months) asserting its status as sole source or sole brand and a completed sole source/sole brand memorandum, documenting at least one of the following: A. This is the only known vendor or manufacturer reasonably capable of providing a specific commodity or service to the County. 206 B. This is the only known brand reasonably capable of fulfilling the specific needs of the County C. The required commodities or services are sold only through an authorized dealer that serves Indian River County and no other dealer or distributor may sell within this geographical area. To verify the vendor/manufacturer's statement, the Purchasing Division may post a notice on Demandstar or similar service, declaring the County's intent to award a sole source purchase and enabling other vendors to challenge that designation. This notification ensures due diligence has been taken in determining sole source/sole brand status. 3.3 COOPERATIVE PURCHASING THROUGH OTHER GOVERNMENTAL CONTRACTS ("PIGGYBACKING") A. Authority to Enter into Piggyback Contracts. As an alternative to any competitive selection process required by this manual, commodities and services may also be procured through: (1) the use of cooperative purchasing methods utilizing purchase agreements entered into by other governmental or public entities (local, state, federal, public educational, cooperatives, etc) following a valid competitive selection process (and matching all of the County's internal process requirements), or (2) directly from vendors holding a current U.S. General Services Administration contract. The County shall have the authority to enter into a piggyback contract if both the vendor and the public procurement unit agree and the procurement transaction was entered into following a valid competitive selection process. Piggyback purchases shall be allowed without limit for any commodity or service that is included in the current year budget. For items not included in the current year budget, such piggyback purchases shall be approved by the Purchasing Manager (up to $35,000), the County Administrator (up to $75,000), or the Board (up to and in excess of $75,000). B. Authority to Sponsor, etc 'Cooperative Purchasing Agreements. The Purchasing Division may sponsor, conduct, administer or participate in cooperative purchasing agreements for the procurement of any commodities or services with one or more other public procurement units. Such cooperative purchasing may include but is not limited to joint or multiple party contracts which are made available to other public procurement units. C. Contract Controversies. Any controversies concerning the award or processing of a contract which has been entered into on a cooperative basis shall be resolved under the terms of the original public contract, except as modified by the piggyback contract. 3.4 EMERGENCY PROCUREMENTS When an emergency exists, the Originating Department shall contact the Purchasing Division and provide adequate justification for making an emergency procurement. Any emergency procurement exceeding the $35,000 award authority of the Purchasing Manager shall require the approval of the County Administrator or the Board, along with a written account of the emergency circumstances from the Director of the Originating Department. 207 The Originating Department shall provide a written request to purchasing@ircgov.com including the justification for the emergency, proposed vendor, estimated dollar amount of the procurement and funding account to facilitate the entry of the requisition and assignment of the emergency purchase order number. A formal quote is not required. If an emergency is confirmed, the Purchasing Division shall enter a requisition in MUNIS and assign an emergency purchase order number. The Originating Department shall provide the vendor with the PO number, make the purchase of the necessary commodities or services, and may be required to update the emergency requisition to reflect the actual description and cost of the commodities or services. The Purchasing Division shall issue a "confirming" purchase order to cover the purchase after receipt of the approved requisition. The Purchasing Manager will forward emergency purchase requests exceeding $35,000 to the County Administrator for his approval. Approved requests exceeding $75,000 will be presented to the Board of County Commissioners for ratification. After Normal Working Hours. The Department Director shall exercise his or her judgment as to the justification for making an emergency procurement. If justified, the Department shall make the written emergency purchase request to the Purchasing Division, which shall prepare a requisition and assign a purchase order number. The Originating Department shall submit the written emergency purchase order request to the Purchasing Division on the next working day. 3.5 PROCUREMENT PURSUANT TO EXISTING ANNUAL TERM CONTRACTS The Purchasing Manager shall issue annual term contracts for commodities and services (up to $35,000) or after approval by the County Administrator (up to $75,000) or the Board (up to or in excess of $75,000). The Purchasing Manager may renew an annual contract for multiple years, one year at a time, subject to satisfactory performance, zero cost increase (or as stated in the original contract), vendor acceptance and the determination that such renewal of the annual contract is in the best interests of the County, and authority for such renewal(s) is set forth in the contract. 3.6 BLANKET PURCHASE ORDERS A blanket purchase order may be issued for up to $35,000 for the purchase of miscellaneous commodities where the quantity cannot be anticipated or where it is not practical to store all items until they are needed. Single item purchases pursuant to a blanket purchase order may not exceed $3,500. Capital items may not be purchased on blanket POs, unless the blanket PO is associated with a bid or contract, or the using department has been explicitly authorized to make capital purchases on a blanket PO by the Budget Director. Blanket purchase orders issued as a result of a bid or piggyback contract (entered into in accordance with section 3.3), or otherwise approved by the County Administrator (up to $75,000) or the Board (up to or in excess of $75,000), are exempt from the $35,000 limit. Blanket purchase orders shall be effective for up to one year, and only for the fiscal year for which it has been issued. Blanket Purchase order requisitions should be requested in the full estimated expenditure for the year. 208 4. COMPETETIVE SELECTION — BIDS 4.1 AT OR ABOVE THE MANDATORY BID THRESHOLD The Mandatory Bid Threshold is $35,000. Except as set forth in applicable law or this manual, commodities or services having an estimated value in excess of the mandatory bid threshold shall be procured through competitive sealed bidding; provided that the County Administrator shall be authorized to enter into a procurement transaction up to $75,000, without competitive selection, unless otherwise required by applicable law; and provided further that the Board shall be authorized to approve a procurement transaction in excess of $75,000, without competitive selection, unless otherwise required by applicable law. A procurement transaction shall not be artificially divided so as to circumvent the mandatory bidding process. 4.2 BIDDING PROCEDURES A. Requisition. Each request for bid number, with the exception of annual bids, must be accompanied by a completed Solicitation Request Form. The Originating Department shall enter an electronic requisition in MUNIS, including a description of the commodity or service, estimated cost and identification of any external funding source(s). The Office of Management and Budget will review for availability of funds, and upon receipt of an approved requisition, the Purchasing Division shall contact the Originating Department and provide a bid number. This number shall be included on all specifications and bid documents. B. Bid Documents. The Originating Department shall provide the Purchasing Division with a copy of specifications and bid documents. The Purchasing Manager shall review the specifications and bid documents to ensure ease of understanding for bidders, that the specifications do not unduly restrict open and free competition. Full bid documents, including all specifications, must be provided for review no less than one week prior to requested advertisement/release date. C. Public Notice and Document Release. Public notice of the invitation for bids shall be given a reasonable time prior to the date set forth in the bid documents for the opening of bids. Such notice may include publication in a newspaper of general circulation and posting on the internet on Demandstar, Vendor Registry, Bidexpress or similar service. The notice shall provide information on how bid documents may be obtained. The period between advertisement/release and opening of bids is typically a minimum of 21 days. D. Addenda. Addenda to the bid documents shall be provided to all bid document holders of record through the same distribution method as the original documents. A copy shall be 209 provided to the Purchasing Division for its records. E. Time of Receipt. Bids must be received by the Purchasing Division no later than the time and date stated in the invitation for bids. Bids offered or received after this time shall not be considered. The time stamp in the Purchasing Division used to log receipt of bids will serve as the official clock for bid receipt. Any bid stamped beyond the proscribed hour, minute and zero seconds will be considered late. F. Public Bid Opening. All timely received bids shall be publicly opened by the Purchasing Manager in the presence of one or more witnesses at the time and place stated in the invitation for bids. Unless obviously non-responsive, or bid form does not include a sum of all line items, the total bid pricing will be announced. The Purchasing Division shall retain the original bids on file and remaining copies shall be sent to the Originating Department. G. Bid Acceptance. Bids shall be accepted without alteration or correction, except as authorized in this manual. All bids must be signed either in ink or electronically. H. Bid Review. The Originating Department is responsible for reviewing the bid responses and making a recommendation for award of the bid. Should the low bidder not be recommended, a reason must be stated in the written recommendation for award. I. Verification and References. Prior to award, the Purchasing Division shall reference the low bidder against the State of Florida's lists of convicted and suspended vendors, as well as the U.S. Government's System for Award Management database. Provided references shall be verified at the discretion and/or request of the Originating Department. Additional sources may also be reviewed to aid in determining if the bidder is responsible. J. Correction, Cancellation or Withdrawal of Bids. 1. Correction of Bids. a. Correction of Mathematical Errors Prior to Award. Errors in addition or multiplication of unit prices or in other mathematical calculations may be corrected by the Director of the Originating Department or Purchasing Manager prior to award. Bids shall be deemed to be amended to the corrected amount. In all cases of errors in mathematical computation, the unit prices shall not be changed. b. Correction of Mathematical Errors after Award. Errors in addition or multiplication of unit prices or in other mathematical calculations identified after award may be corrected only with the approval of the Board, and any correction shall not exceed the amount of the next low bid. 2. Cancellation of Bids. Any time prior to the bid opening date and time, the Purchasing Manager may cancel or postpone the bid opening, or cancel the invitation for bids in its entirety. 210 3. Amendment or Withdrawal of Bids. a. Bid Amendments Prior to Opening. Any bidder may voluntarily withdraw or amend the bid at any time prior to the bid opening in person, or by written notice received by the Purchasing Manager prior to the bid opening. Amendments shall be forwarded to the Purchasing Division prior to bid opening, sealed and identified with the bid number. b. Bid Amendments after Opening. After bid opening, bidders may not amend their bid. Bids shall remain in effect and binding upon the bidder for a period of sixty days, or such other time period specified in the bid documents. c. Withdrawal of Bids. If, within 24 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. d. Negotiation. If less than two bids are received, the Purchasing Division, on behalf of the Department, may negotiate on the best terms and conditions, prior to recommendation of award. 4.3 AWARD A. Award Authority. A bid shall be awarded by written notice to the lowest responsible and responsive bidder. Awards not exceeding $35,000 may be awarded by the Purchasing Manager; awards not exceeding $75,000 may be awarded by the County Administrator; and, awards exceeding $75,000 shall be awarded by the Board. The Board is authorized to waive technicalities and irregularities and to reject any and all bids, or any portion of a bid. After an award is made, the Purchasing Manager shall issue a purchase order or a "Notice of Award" as applicable. If, within 60 days after bids are opened, or within such other time period specified in the bid documents, the bid of the lowest responsible and responsive bidder is withdrawn or not honored, the County may award the bid to the next lowest responsible and responsive bidder. After 60 days or such other time period specified in the bid documents, the Board may award to the next lowest responsible and responsive bidder only if the next lowest responsible and responsive bidder agrees, in writing, to extension of the bid price for the additional period of time. These processes may be repeated until an award is made to a responsible and responsive bidder. B. Tie Bids. If two or more bidders are tied after review by the Originating Department, in accordance with section 287.087 of the Florida Statutes, preference shall be given to the bidder with a Drug Free Workplace Program. In cases where a tie still exists, the Board shall award to the bidder identified as the most responsible bidder based upon any other relevant factors. If a tie still exists, the winning bidder shall be determined in favor of the bidder whose 211 response was received first (as indicated on the Purchasing receipt time stamp and associated log). C. Price Adjustment. Where appropriate, contracts may be awarded with a provision for upward or downward price adjustments, provided such adjustments were part of the bid documents. D. Cancellation after Award. The Board may cancel a bid award at any time prior to execution of the contract by all parties, including the County. 4.4 ADDITIONAL REQUIREMENTS FOR CONSTRUCTION AND PUBLIC WORKS CONTRACTS A. Bid Package Preparation. A complete packet of all bid documents including the original specifications and standardized terms and conditions shall be provided by the Originating Department to the County Attorney for approval. A copy of the bid documents indicating approval by the County Attorney shall be forwarded to the Purchasing Division for final review. B. Public. Notice. Bids will be advertised as set forth in Florida Statute 255.0525(2) and Indian River County Code paragraph 105.04. C. Recommendation for Award. 1. The Purchasing Division will review the Originating Department's recommendation for Award and prepare an agenda item for submission to the Board. Recommendation of award must be submitted to the Purchasing Division no less than 10 days prior to the proposed commission meeting to facilitate both preparation of the agenda and public notice of the recommendation for a period of more than seven days, ensuring no bidder's right to protest is subverted. Should the Originating Department prefer to prepare an Agenda Item due to complexity of the bid, the item shall be routed through the Purchasing Division prior to finalization. 2. If a proposed or sample contract is included in the agenda item, the Originating Department is responsible for routing the proposed contract through the office of the County Attorney. The written recommendation should only request permission for the Board Chairman to execute the contract if the proposed or sample contract is included with the agenda item. A contract must be executed by the other party prior to submission to the Board Chairman to sign. 3. If a proposed or sample contract is not included in the agenda item, it shall be the Originating Department's responsibility at a later date, to prepare an agenda item requesting execution by the Board Chairman, to route the agenda item for required approvals, and to present the item at a Board meeting. A contract must be executed by the other party prior to submission to the Board Chairman to sign. A copy of the agenda item materials and the executed contract shall be provided to the Purchasing Division for its records. 212 D. Notice of Award. Upon Board approval, the Purchasing Division shall send a notice of award to the successful bidder and request submittal of two copies of the contract approved by the Board (if applicable), any required certificate(s) of insurance and bond(s). E. Certificates of Insurance/Bond(s). Upon receipt of certificate(s) of insurance, bond(s), and contracts executed by the contractor, the Purchasing Division shall submit the certificate(s) of insurance to the County Risk Manager for approval and the bond(s) to the County Attorney for approval. After approval of the bond(s), the Purchasing Division or the contractor shall record the bond(s) in the public records, if appropriate, and send copies of the bond(s), certificate(s) of insurance and the original executed contracts to the Originating Department. The Originating Department shall be responsible for proper routing and submission of the contracts for the Board Chairman's signature. F. Public Construction or Payment and Performance Bonds. 1. Public Construction Bond Required on any Construction Contracts Equal to or in Excess of $100,000. A public construction bond shall be required on any construction or public works contract for a project costing $100,000, or more. Such bond shall be provided by a surety company authorized to do business in the State of Florida. An alternative form of security may be provided in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or other form of security permitted by Florida Statute 255.05(7), in a form acceptable to the County Attorney and the County Budget Director. Payment and Performance Bonds may be used in place of Public Construction Bond. 2. Bond Must be Delivered Prior to Issuing Contract Document. If required, a public construction bond or other form of security shall be delivered to the County prior to execution of the contract. All public construction bonds shall be recorded with the Clerk of the Court by the Purchasing Division or the contractor prior to commencement of the project. G. Executed Contract. The Originating Department shall be responsible for returning a fully executed original contract to the vendor and shall prepare and send a notice to proceed to the contractor when appropriate. An electronic copy of the fully -executed agreement shall also be provided to the Purchasing Division for the Bid folder. H. Default by Contractor. All contracts for construction services shall contain a clause providing for termination upon default of the contractor and providing that in such cases the surety company shall bear responsibility for the completion of the contract, or if no surety company has provided a performance bond, the County may claim the alternative security and use such funds for the completion of the contract. Termination for Convenience. All construction contracts shall contain clauses providing for the termination of the contract for convenience of the County, and shall prescribe methods by which the contractor may calculate the cost of work already performed and 213 termination settlement costs. J. Indemnification. All construction contracts shall provide that the contractor (or other appropriate party) shall indemnify and hold harmless the County, and its Commissioners 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 (or other appropriate party) and persons employed or utilized by the contractor (or other appropriate party) in the performance of the construction contract. 4.5 WORK ORDERS/AUTHORIZATIONS A. Work Orders/Authorizations for continuing services agreements previously approved by the Board may be executed by the County Administrator, if within his defined authorization limits and if not prohibited within the agreement. B. If not prohibited within the agreement, minor work authorizations under $15,000 may be entered through a Purchase Order requisition referencing the contract number. No Work Order number will be assigned and payment will be made by standard PO procedures, rather than contractual payments. Only work that will be completed prior to the conclusion of the current fiscal year is eligible to be authorized by Purchase Order, and Purchase Orders will not be used in place of work orders/authorizations exceeding $15,000. 4.6 CHANGE ORDERS A. Applicability. Modifications may be made to an executed contract, which do not substantially alter the character of the work contracted, and which do not vary substantially from the original specifications as to constitute a new undertaking. Such changes must be reasonably viewed as being in fulfillment of the original scope of the contract and must be clearly directed to the achievement of a more satisfactory result or to the elimination of work not necessary. B. Purchasing Manager Authority. The Purchasing Manager is authorized to approve change orders to contracts executed under the Purchasing Manager's authority, provided the criteria in paragraph A above are met, and the total value of the contract does not exceed $35,000. C. County Administrator Authority. The County Administrator is authorized to approve and authorize change orders which fit the criteria in paragraph A, above, where the net modification in the contract amount does not exceed $5,000, unless contract was initially awarded solely under the Purchasing Manager or County Administrator's authority ($75,000 threshold) and the total value of the contract still does not exceed $75,000. D. All other change orders must be formally approved by the Board. E. Change orders shall not be artificially distributed or divided to avoid the requirement to present the approval to the Board. 214 4.7 DIRECT PURCHASE A. In compliance with F.S. 212.08(6) and FAC Rule 12A-1.094, the County may utilize owner direct purchase of materials for Public Works projects to reduce project cost through the elimination of sales tax. 215 5. COMPETITIVE SELECTION — RFP/RFQ 5.1 REQUEST FOR PROPOSAL (RFP) If it is not practical or advantageous to procure any specific commodity or service by competitive sealed bidding, a request for proposals may be used. A. RFP Process. An RFP is characterized by a description of the desired objective and a statement of evaluation criteria. RFPs may include a request for price, to be considered in accordance with the evaluation criteria. Except as modified by applicable law or this manual, RFPs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in section 4. 1. Evaluation Criteria. The RFP shall state the evaluation criteria and the relative importance of each evaluation criterion, including price, if applicable. Only criteria set forth in the request may be used to evaluate the proposals submitted. 2. Selection Committee ("Committee"). After the RFP has been issued, a Committee shall be appointed by the County Administrator. The Committee shall be comprised of not less than three and not more than seven members. A majority of members shall constitute a quorum. 3. Review of Proposals. The Committee shall review all proposals submitted in response to the RFP, and shall make a recommendation for award, based upon the evaluation criteria. 4. Non -Public Proceedings of the Committee. If the Committee (a) meets to discuss negotiation strategies, or (b) meets with a proposer for the purpose of hearing a presentation, conducting discussions and asking questions, or conducting negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. 5. Negotiation of Proposals. The County may negotiate with any proposer to revise, value engineer, etc any proposal, provided the revisions do not amount to a 216 substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers. 6. Award of Proposals. The committee's recommendation shall be presented to the Board for approval, after public notice of the final ranking has been made at least seven days prior to the proposed Board meeting. If the agenda is not prepared by the Purchasing Division, a copy of the agenda item and all supporting documentation shall be provided to the Purchasing Division prior to submission.to the Board. The award shall be made to the most responsive and responsible proposer whose proposal is determined to be the most advantageous to the County, based upon the evaluation criteria. 5.2 REQUEST FOR QUALIFICATIONS (RFQ) Certain professional services are required by the Consultants' Competitive Negotiation Act to be procured by the use of a Request for Qualifications (RFQ). An RFQ may also be used to procure professional services not covered by the Consultants' Competitive Negotiation Act. A. RFQ Process. An RFQ is characterized by an invitation to professionals to submit a summary of their qualifications to perform a general or specific job or service. If the RFQ is subject to the Consultants' Competitive Negotiation Act, the County shall select no Tess than three professionals for discussions and, if requested by the County, for presentations. After staff recommendation and approval by the Board, the County shall enter into negotiations for a contract with the most qualified professional(s). RFQs shall be governed by the Consultants' Competitive Negotiation Act, to the extent applicable. Except as modified by applicable law or this manual, RFQs shall be advertised, received, opened and processed, and shall be corrected, withdrawn and cancelled, in the same manner as bids discussed in Section 4. B. Evaluation Criteria. The qualifications of each firm responding to an RFQ subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the Act, including, without limitation, the professional ability of personnel; whether the firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workloads; and the volume of work previously awarded to each firm by the County, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. The qualifications of each firm responding to an RFQ which is not subject to the Consultants' Competitive Negotiations Act shall be determined in accordance with the criteria set forth in the RFQ. C. Selection Committee ("Committee"). A Committee shall be appointed by the County Administrator after the RFQ has been issued. The Committee shall be comprised of not Tess than three and not more than seven members. A majority of members shall constitute a quorum. D. Review of Qualifications. The Committee shall review the submittals of all firms responding to the RFQ. If the RFQ is subject to the Consultants' Competitive Negotiations Act, the 217 Committee shall select at least three firms (short list) for further discussions. E. Non -Public Proceedings of the Committee. If the Committee (a) meets to discuss negotiation strategies, or (b) meets with any firm responding to the RFQ for the purpose of hearing a presentation, discussions and asking questions, or negotiations, such meetings may, at the election of the County, be held in private; provided, however, that a complete recording shall be made of any non-public portion of the meetings, and no portion of the non-public meetings shall be held "off the record." The recording of the non-public portion of the meetings shall be considered a public record, under chapter 119, Florida Statutes, which is exempt from production to the public until such time as the County provides notice of an intended decision, or until 30 days after opening of the proposals, whichever occurs earlier. F. Ranking of Firms. The Committee, after any discussions with and/or presentations by each short listed firm, shall vote on the final ranking. The ranking of firms shall indicate the Committee's determination of the firms that are most highly qualified to perform the required services. G. Ranking Reported to the Board. The Committee's ranking of the firms shall be submitted to the Board through the County Administrator by the Originating Department, ensuring public notice of the final ranking has been made at least seven days prior to the proposed Board meeting. Upon final ranking and selection by the Board, the Originating Department shall proceed with negotiations; provided, however, that if the estimated value of the services is $50,000 or less, the Purchasing Manager, in consultation with the Originating Department, may determine final ranking and selection, and if the estimated value of the services is $75,000 or less, the County Administrator, in consultation with the Originating Department, may determine final ranking and selection, H. Negotiations. The Originating Department shall negotiate with the firms in the order and manner set forth in the Consultants Competitive Negotiation Act, which generally requires that the Originating Department first negotiate with the most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the most qualified firm, and shall commence negotiations with the second most qualified firm. If negotiations are not successful, the Originating Department shall formally terminate negotiations with the second most qualified firm, and shall commence negotiations with the third most qualified firm. If the County is unable to negotiate a satisfactory contract with any of the selected firms, the County may select additional firms responding to the RFQ in the order of their competence and qualification and continue negotiations in the same manner until an agreement is reached. Award of Contract. At the conclusion of successful negotiations, a contract, approved by the County Attorney, shall be submitted to the Purchasing Manager (up to $35,000), the County Administrator (up to $75,000) or the Board (up to and in excess of $75,000) for approval. A copy of the executed contract shall be transmitted to the Purchasing Division for the permanent file. 218 5.3 RANKING OF FIRMS IN RFP AND RFQ PROCESS The ranking of firms in an RFP or RFQ process shall be done in the following manner, unless otherwise specified within the RFP or RFQ: (a) the RFP or RFQ solicitation documents shall list the evaluation criteria and assign a maximum number of points available for each criterion. The total maximum number of points available for all criteria shall be 100, (b) each member of the Committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria, (c) each Committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1, and (d) the rankings received by each firm from all Committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. The firm receiving the lowest average ranking (ie., closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. The firm with the highest number of points will be awarded the higher ranking position. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly. After interviews in an RFQ process (or in an RFP process, if interviews are held), and based upon information learned during the interviews, each Committee member will rank the firms in order of preference and a consolidated final committee ranking established. The evaluation process shall continue until the Committee declares the rankings final. 5.4 PROPOSALS FOR PUBLIC-PRIVATE PARTNERSHIP (P3) In accordance with F.S. 255.065, the County may solicit or accept proposals for public—private partnerships. Solicited proposals shall be submitted in the format dictated in the solicitation. Unsolicited proposals may be submitted electronically to purchasing@ircgov.com, noting "unsolicited proposal per F.S. 255.065" in the subject; or by delivery of a hard copy or other electronic method (thumb drive, CD, etc.) submitted in a sealed envelope to the Purchasing Division, with the same title notation clearly indicated on the outside of the envelope. No initial application fee is required, however, the County reserves the right to request one in accordance with F.S. 255.065(3)(a)3. Recommendation to the Board for approval and ranking of a qualifying P3 project must include a Public Private Partnership Financial Analysis worksheet. 219 6. SUMMARY OF PROCUREMENT The following is a summary of the above procurement requirements. A. Less than $3,500. Quotes are not required; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements Tess than $3,500. B. From $3,500 to $35,000. Three (3) quotes required to be attached to the requisition; blanket purchase orders are permitted; emergency purchase orders are permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are permitted, but not required. The Purchasing Manager, County Administrator and the Board have authority to approve procurements from $3,500 to $35,000. D. From $35,000 to $75,000. Emergency purchase orders permitted; sole source procurement permitted; sole brand procurement permitted; annual term contracts permitted; cooperative purchasing (piggyback) permitted; Bid/RFP/RFQ are required, unless waived by County Administrator or Board, or required by applicable law. The County Administrator and the Board have authority to approve procurements from $35,000 to $75,000. Bid security required for bids over $35,000. F. Over $75,000. The Board must approve all procurements; Bid/RFP/RFQ required, unless waived by the Board, if allowed by applicable law. Bid security is required. G. Construction Projects Over $100,000. Public construction bond required for construction contracts. 220 7. PROTEST PROCEDURE 7.1 RESOLUTION OF PROTESTS Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. A. Decision. The Purchasing Manager shall promptly investigate the basis of the protest and, after consultation with the Originating Department, the Office of the County Attorney and any other person or entity deemed necessary by the Purchasing Manager, shall issue a decision in writing. A copy of the decision shall be furnished immediately to the protestor and any other party determined by the Purchasing Manager to be directly affected by the decision. The decision shall: 1. State the decision and the basis for the decision, and 2. Set forth the protestor's right to administrative review. B. Administrative Review. If the protestor disagrees with the decision of the Purchasing Manager, the protestor may appeal the decision to the Board. Written notice of such appeal shall be submitted by the protestor to the Purchasing Manager within seven (7) calendar days of receipt of the Purchasing Manager's decision. The Board shall consider the appeal with reasonable promptness, and may address the appeal at the same time that it considers the Bid/RFP/RFQ award. C. Stay of Procurements During Protests. In the event of a timely protest, the County shall not award the contract until the administrative appeal is resolved as set forth in paragraphs A and B above, unless the County Administrator or the Board determines that the award must be made without delay in order to protect the substantial interests of the County. 221 S. EXCESS/SURPLUS ASSET DISPOSITION The Purchasing Division shall maintain an electronic list, accessible to all County employees, of excess assets and other items in working condition that may be usable to another department. This list shall be periodically submitted to the Board for approval to declare the assets surplus and to remove the assets from inventory. Once declared surplus by the Board, the Purchasing Division shall transfer or sell the assets through any method consistent with the laws of Florida or applicable County policies. The Capital Asset Policy is managed by the Finance Department and approved by the County Administrator and can be referenced along with this section. 222 9. PURCHASING CARD PROGRAM The Purchasing Card Program is administered by the Director of the Office of Management & Budget and is designed to improve efficiency in processing small dollar purchases from any vendor that accepts the credit card. This program allows cardholders to purchase approved commodities and services directly from vendors. Each purchasing card is issued to a named individual, and Indian River County is clearly shown on the card as the governmental buyer of the goods/services. 9.1 AUTHORIZATION The purchasing card system simplifies the procurement/disbursement process. Procurement responsibility is delegated to the ordering department enabling an authorized cardholder to place an order directly with the vendor. When the purchase authorization is requested by the supplier at the point of sale, the purchasing card system validates the transaction against preset limits established by the employee's department and approved by the Purchasing Card Administrator. All transactions are approved or declined (electronically) based on the purchasing card authorization criteria established. The authorization criteria may be adjusted periodically as needed and may include, but are not limited to, the following: A. Number of transactions allowed per day. B. Number of transactions allowed per month. C. Single purchase limit (not to exceed $1,500 — capital items may not be purchased on credit cards). D. Monthly spending limit (not to exceed $2,500.00). E. Approved merchant category codes. The authorization process occurs through the electronic system that supports the purchasing card processing services under the agreement established between Indian River County and the financial services provider. 9.2 RESPONSIBILITIES The following is a summation of the responsibilities of the individuals and organizations involved in the purchasing card system: 223 A. Cardholder 1. Hold and secure purchasing cards. 2. Order materials and services. 3. Inform vendor of tax-exempt status prior to processing sale transaction. 4. Obtain all sales receipts and forward to the Department Purchasing Card Representative for authorizing approval. 5. Identify disputed charges. B. Department Purchasing Card Representative. 1. Review charges daily and sign authorizing the charges. 2. Assign and/or verify the appropriateness of account numbers. 3. Assist department cardholders with disputed items. 4. Obtain signature from Department Head. 5. Forward all charge receipts and necessary documentation to Finance daily. Ensure that all receipts for a given month are forwarded to Finance no later than five working days after month end. 6. Collect cards from cardholders that end or transfer employment and notify the Purchasing Card Administrator. 7. Notify the Purchasing Card Administrator of terminated employees immediately. C. Department Head or his/her designee. 1. Request purchasing cards for designated employees. 2. Set departmental and cardholder spending limits within established guidelines. 3. Designate Department Purchasing Card Representatives. 4. Review and sign charge receipts. D. Purchasing Card Administrator 1. Approve requests for purchasing cards submitted by Department Head. 2. Coordinate issuance and cancellation of cards. 3. Coordinate program policy issues. 4. Participate in ongoing program reviews. 5. Participate in resolving billing disputes. 6. Coordinate and maintain internal controls. 7. Maintain procedures and cardholder guides/manuals. 8. Conduct periodic operational and compliance audits. E. Finance 1. Receive approved charge receipts from all cardholders. 2. Confirm that all charges are authorized by Department Head or his/her designee. 3. Reconcile consolidated statement, and notify departments and Purchasing Card Administrator when approved charge receipts are not received. 224 4. Pay all monthly charges from consolidated statement. 5. Process accounting data. 6. File and store statements, receipts, etc. 7. Upon request, provide weekly or monthly statements to the Department Head or his/her designee. 8. Report failure of departments to promptly turn in receipts to the Purchasing Card Administrator, as well as any other violations of the Purchasing Card Policy. F. Purchasing Division 1. Pursue supplier discount opportunities 2. Evaluate purchasing card feedback from suppliers and cardholders. 3. Provide training to all new cardholders and refresher training classes as needed. 9.3 PROCEDURES A. Assignment and Control of the Purchasing Card 1. Requests for and issuance of purchasing cards a. Purchasing cards will be issued to individual employees, County Officers, and elected officials who frequently purchase goods/services in single purchase amounts of less than $1,500.00. b. The purchasing card will have the employee's name and employee ID# issued by the County, the County's name, the County's tax exemption number, and the expiration date. No credit records, social security numbers, etc., of the cardholder will be maintained. c. All requests for purchasing cards must be made by the Department Head by using the Purchasing Card Request/Certification/Receipt form. d. All requests for new cardholders or for changes to current cardholders will be made by completing the top portion of and submitting a Purchasing Card Request/Certification/ Receipt form to the Purchasing Card Administrator signed by the Department Head. e. When the Purchasing Card Administrator receives a purchasing card from the issuing card company for a cardholder, the cardholder will be required to personally take receipt of the card and sign the Purchasing Card Acceptance and Cardholder Agreement. The Purchasing Division will provide training and a copy of the Purchasing Card Procedures Guide to the cardholder. f. The Purchasing Card Administrator will notify the requesting department and the Finance Office upon the issuance of all purchasing cards. 225 2. Lost or Stolen Purchasing Cards a. If a purchasing card is lost or stolen, the cardholder or department representative must immediately notify the financial service provider and the Purchasing Card Administrator. b. The cardholder will be responsible for reporting all information necessary to reduce the liability to the County for a lost or stolen card. 3. Termination or Transfer of Cardholder a. When a cardholder ends employment, leaves office, or is transferred to another department, the Department Head (as applicable) must notify the Purchasing Card Administrator immediately, collect the purchasing card, cut it in half, and submit the card to the Purchasing Card Administrator. b. If the department is unable to collect the purchasing card when an employee terminates, the Department Head must immediately notify the Purchasing Card Administrator. The Purchasing Card Administrator will ensure that the card is cancelled. B. Limitation on Use of Purchasing Cards 1. Cardholder Use Only. The purchasing card may be used only by the cardholder whose name is embossed on the card. No other person is authorized to use or maintain a record of the card. Any individual discovered to be using another person's issued card is subject to disciplinary action, up to and including termination. 2. County Purchases Only. The purchasing card is to be used for County - authorized purchases only. The purchasing card cannot be used for any personal use. Any such use will require immediate reimbursement and may result in disciplinary action, which may include dismissal. 3. Dollar Limitations a. The Department Head (as applicable) approving the assignment of a purchasing card will set two limits for each cardholder; a single purchase limit and a 30 -day limit. The maximum limits shall be $1,500.00 for a single purchase and $2,500.00 during the 30 -day billing cycle. A Department Head may set limits lower than this if necessary. Requests for spending limit changes must be initialed and authorized by the Department Head (as applicable) and submitted to the Purchasing Card Administrator. Elected officials and County Officers shall be entitled to the maximum amounts set forth in this policy as it may be amended from time to time. 226 b. A purchase may include multiple items, but the total cannot exceed the cardholder's single -purchase limit. Payment for purchases shall not be split to stay within the single purchase limit. 4. Other Conditions a. Sales taxes (including tourist taxes in the State of Florida) may not be charged by the vendor (with the exception of out-of-state travel). If requested, provide the vendor with the County's sales tax exemption certificate. b. If an item is not immediately available, no back ordering is allowed. 5. Prohibited Uses of Purchasing Cards a. Vendors that will accept Purchase Orders b. Gasoline or oil (unless cardholder is approved for travel expenses) c. Vehicle repairs or similar services d. Travel expenses, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. e. Training expenditures requiring a travel authorization form, unless cardholder is approved by the Purchasing Card Administrator for travel expenses. f. Cash advances g. Inventory stock items h. Food/Restaurants, unless the cardholder is specifically approved for this use by the Purchasing Card Administrator Capital Items ($1,000 or more) j. When department annual needs for like items/services or purchases from the same vendor exceed $1,500.00 annually. k. Any additional goods/services specifically restricted by the Purchasing Division or the department. Telephone calls m. Personal items n. Invoices for previously purchased/ordered/received goods and/or services o. Any services requiring licensure with the State/Building Division and/or liability insurance as required by the Administrative Policy. p. Registration for courses, including online courses, unless a travel voucher is submitted with receipt through Budget. 227 6. Travel Expenses a. Some cardholders may receive approval from the Purchasing Card Administrator to charge travel related expense to their purchasing cards. b. Expenses for registration, hotel rooms (lodging) and related parking and resort fees, car rentals and airfare are allowed for such cardholders. c. All travel related expenses must be for official County business and must be made in accordance with Section 112.061, Florida Statutes. d. All cardholders must follow County policies on travel expense in addition to the Purchasing Card Policy. (e.g., completing Travel Approval Prior to Trip Form before making any charges on the Purchasing Card). e. Only travel expenses for the cardholder are authorized. Charges shall not be made for any other employees or travelers other than the cardholder. C. Procedures for Making and Paying for Purchases 1. Online and Telephone Orders a. The cardholder shall ensure a copy of the receipt is obtained. Packing slips are not sufficient documentation. b. Receipts should identify the merchandise purchased. If the merchandise is not sufficiently identified on the order confirmation or receipt provided by the merchant, the cardholder should describe the merchandise sufficiently enough for the Department Director to determine that the purchase was for County purposes. c. The receipt will be forwarded to Finance with the proper authorization signatures on a daily basis, and no later than five business days after the purchase. 2. Missing Documentation Where supporting documentation is missing, the cardholder must contact the vendor and request a duplicate receipt. If the cardholder is unable to obtain documentation, a description of the purchase must be attached. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card and/or disciplinary action. 228 3. Payment and Invoice Procedures a. The purchasing card company will provide one consolidated statement for all cardholders to Finance. This Statement of Account will list all transactions processed during the previous 30 days. b. Finance will review the statement and receipts, noting any errors and notifying the departments of any discrepancies. The department will determine whether to dispute the item in question. If the item is disputed, follow the procedures below. All items must be resolved within five (5) working days of notification by Finance. D. Disputes. If items purchased with the purchasing card are defective, the cardholder must return the item(s) to the vendor for replacement or credit. If the service paid for with a purchasing card is faulty, the vendor must be notified and asked to correct the situation or provide a credit. If the vendor refuses to replace or correct the faulty item or service, the purchase will be considered in dispute. E. Review of Purchases by Departments 1. Because of their knowledge of the job responsibilities and requirements, Department Heads or designees are required to review each purchasing card expenditure (item purchased, amount and vendor) to ensure the goods/services were necessary and for official use. 2. When the Department Head is not satisfied that the purchase was necessary and for official use, the cardholder must provide either a credit voucher proving the item(s) were returned for credit or a personal check for the full amount of the purchase. Checks must be sent to Finance with an explanation and account number to credit. A copy of the check and explanation must be forwarded to the Purchasing Card Administrator. 3. Serious or repeated misuse of the purchasing card will result in the revocation of the card. Employees incorrectly using their purchasing card will be disciplined by the Department Head/ manager as necessary. 4. To help the departments in their reviews, management reports will be available from the Purchasing Card Administrator or Finance. F. Abuse/Violations 1. Participation in the Indian River County Purchasing Card Program is a convenience that carries responsibilities along with it. Although the card is issued in a cardholder's name, it is County property and should be used with good judgement. Improper use of the card can be considered misappropriation of 229 County funds which may result in disciplinary action, up to and including termination. Cardholders are expected to comply with internal control procedures in order to protect County assets. This includes keeping receipts, providing the receipts to Finance within three business days, resolving discrepancies and following proper card security measures. 2. The Department Purchasing Card Representatives and Department Heads should notify the Purchasing Card Administrator if a cardholder abuses the program or violates the procedures. 3. The Purchasing Card Administrator will conduct operational and compliance audits to determine if the program is being abused or procedures are being violated. 4. Misuse of the Purchasing Card may result in disciplinary or other appropriate action. Repeated misuse and violations will result in revocation of Purchasing Card privileges and may result in termination of employment for cause. 5. Abuse, misuse, and violations include, but are not necessarily limited to the following: a. Use of card for unauthorized or prohibited items/services (See 9.3.6.5). b. Multiple transactions to circumvent Purchasing procedures. c. Failure to provide proper documentation, receipts, invoices, etc. within five business days. d. Purchase of Capital Outlay items. e. Purchase from vendors which create a conflict of interest. f. Personal charges. g. Allowing another person to use the card. h. Failure to report a lost or stolen card in a timely manner. 6. The following steps will be taken to address misuse/abuse/violations: a. First Offense: Cardholder and supervisor will be notified verbally of the violation. b. Second Offense: Cardholder will receive written notice of violation through his or her supervisor. c. Third Offense: Purchasing Card privilege will be revoked and additional disciplinary action may be taken by the department. 230 ndian River County Cod �� / • Chapter 105 defines general authorities and policies in relation to Purchasing • Changes proposed to improve efficiency • Purchases of goods • Repairs • Currently limited to $50,000 • Since 2005 • Proposed increase to $75,000 • GOAL: Provide slightly higher threshold for as needed work and goods • Currently 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 • Authorize Administrator to utilize cooperative and piggyback procurement • GOAL: Match authority detailed in Purchasing Manual • 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. • Most bids have no statutory requirement for newspaper advertisement • Only two potential bidders selected newspaper ad as their source 0 • 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 cost to advertise is $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 • Currently $25,000 • Since 1990 • 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 • Currently Payment and Performance • Proposed to also list Public Construction • GOAL: Clarify bonds accepted as contract security • Authorize public hearing to formally consider the proposed changes to Chapter 105. • Note coinciding changes to Purchasing Manual will have same effective date as ordinance. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Virgin Trains — All Aboard Florida Construction Plan and Permitting Update DATE: June 7, 2019 DESCRIPTION AND CONDITIONS On May 1 and May 2, 2019 County staff met with several representatives from the Florida Department of Transportation (FDOT) to conduct field reviews at each of the 32 highway -rail grade crossings located in Indian River County. In preparation for the meeting, County staff reached out to FDOT to request the most recent construction plans for proposed railway improvements through the County. On April 30, 2019 via email, Indian River County received plans from the FDOT labeled "AAF Released for Construction — R.M.W., 02-13-19". These Approved for Construction Plans were never provided to Indian River County by Virgin Trains, Brightline or All Aboard Florida (AAF) representatives. It should be noted that Indian River County Public Works has previously reviewed construction plans for the high-speed railway service proposed by Virgin Trains/All Aboard Florida (AAF). On August 15, 2016 and on October 10, 2018, County construction plan review comments were sent to AAF and their response to the comment letters has been silence. The site visits above went well as FDOT staff acknowledged that the All Aboard Florida (Virgin Trains) Released for Construction Plans, dated February 13, 2019, showed a lack of detail for pedestrian crossings, conflicting design information between plan sheets, disregard for public safety, and a general lack of consistency throughout the plans. On June 4, 2019 the County sent a letter to Gerard O'Rourke, Freight, Logistics and Passenger Operations Administrator for FDOT. The letter provides information regarding the site visits mentioned above with FDOT and County Staff, the overall concerns of County staff with regards to the "AAF Released for Construction Plans" dated February 13, 2019 and detailed comments regarding the plans. The complete letter and comments are attached. On June 5, 2019 a roundtable meeting was held at the FDOT office in St. Lucie County with Kevin Thibault, Secretary of FDOT. Also in attendance was FDOT District IV Secretary Gerry O'Reilly. A Commission member from each County along with each County Administrator/Manager were in attendance along with staff representatives from Indian River, St. Lucie, and Martin Counties attended the meeting. Several MPO staff members from each of the counties were also in attendance. The focus of the meeting was to formulate a stronger partnership between FDOT and the local governments to enhance funding for infrastructure improvements with more focus on addressing the environmental issues that are of a concern both locally and statewide. 231 During the meeting, the subject of AAF was discussed. Indian River County Staff referenced the June 4, 2019 letter and the safety and constructability concerns of the County regarding the Approved for Construction Plans dated February 13, 2019. During the discussion, Mr. O'Reilly stated that the project was moving forward and permitting was complete. At that point staff from St. Lucie, Martin, and Indian River Counties informed Mr. O'Reilly and Secretary Thibault that not only have right-of- way permits in each of the Counties not been issued for improvements effecting County roadways/infrastructure, but that none of the Counties had even received right-of-way permit applications for said improvements. It was then that Ron Howse, a SJRWMD Board Member and a member of the Florida Transportation Commission stated that he would reach out to the railway design engineers for AAF and ask them to contact County staff for "engineer to engineer" discussions regarding our safety and construction concerns. This would help with creating dialog between AAF and the Counties that has not been occurring. Staff from St. Lucie and Martin Counties also requested that FDOT provide them with the most recent construction plans that FDOT has on file, as they too do not have current construction plans. Overall the meeting was positive and that FDOT understood the concerns of the Counties. It was stated by FDOT that someone from FDOT Central Office Railway Administration would reach out to each County for further action. FUNDING Not Applicable RECOMMENDATION Informational — No recommendation ATTACHMENTS Letter to FDOT Regarding Crossing Site Visits APPROVED AGENDA ITEM FOR: June 18, 2019 232 Board of County Commissioners Public Works Department 1801 27th Street, Building A Vero Beach, Florida 32960-3388 Telephone: (772) 567-8000 visit us at... www.ircgov.com June 4, 2019 VIA EMAIL Gerard O'Rourke Freight, Logistics and Passenger Operations Administrator Florida Department of Transportation RE: FDOT — Indian River County Field Reviews of All Aboard Florida Crossing Plans Review Comments for Released for Construction — R.M.W. 02-13-19 Mr. O'Rourke, On May 1" and May 2' 2019, James Ennis. P.E., Assistant Public Works Director, Janie Hollingsworth, P.E., Traffic Engineer, and I met with several representatives from FDOT to conduct field reviews at each of the 32 highway -rail grade crossings located in the County. Rickey Fitzgerald, FDOT's Freight and Multimodal Operations Manager, stated in the meeting prior to the individual site visits that the primary objective of the meeting and on-site reviews was to identify concerns, enhance standards/guidance, build consistency with plans and build a stronger partnership. It should be noted that Mr. Fitzgerald did not attend the individual site visits due to other commitments. The site visits went well as FDOT staff acknowledged that the All Aboard Florida (Virgin Trains) Released for Construction Plans, dated February 13, 2019, showed a lack of detail for pedestrian crossings, conflicting design information between plan sheets, disregard for public safety, and a general lack of consistency throughout the plans. However, as of the date of this letter, we have not received any feedback from FDOT regarding the site visit and the plan inconsistencies. Please be aware that on April 30, 2019, via email, Indian River County received plans from the Florida Department of Transportation (FDOT) labeled AAF Released For Construction — R.M.W., 02-13-19. These Approved for Construction Plans were never provided to Indian River County by Virgin Trains or All Aboard Florida representative. Various County Departments have completed a preliminary review of the submitted plans and their comments are attached in Exhibit A. This letter is not intended to convey the County's final position for the various safety measures, equipment and/or standards nor the County's commitment to fund any infrastructure improvements and/or associated maintenance costs for the AAF project. Nor is it intended to provide a comprehensive plan review of the design documents provided to the County on April 30th, 2019. It is intended to provide a summary of the major deficiencies or concerns identified based on the current and previous plan reviews and/or lack of information provided to the Indian River County Public Works Department to date. 233 Based on the plan review and field reviews conducted, the following highlights the main design elements needing resolution and coordination with, Virgin Trains (formally known as All Aboard Florida (AAF)) and Florida East Coast Railway (FEC) for enhanced operation and safety of the rail corridor: 1. Previous Plan Review Comment Resolution: After conducting a review of the Released for Construction plans, many of the previous comments provided to AAF (August 15th, 2016 and October 10, 2018) have not been addressed nor has the County received a response, resolution, or any acknowledgement that the comments were reviewed. 2. Design Plan Conflicts: The Released for Construction Plans have numerous design conflicts within the various volume submittals and must be revised to avoid confusion and misplacement of warning devices. For example, the Roadway Plans will show a median and three gates, whereas, the Crossing Plans will show 4 -Quad gates. 3. Traffic Congestion Mitigation: Railroad warning times are anticipated to exceed 90 seconds to several minutes at the highway -rail grade crossings throughout the County due to the higher speed rail train control system which stops or slows approaching trains when a stopped vehicle is detected on the railroad tracks. This will result in multiple crossings being closed at the same time for several minutes, resulting in traffic delays along the rail corridor. Additional traffic mitigation techniques are necessary to minimize delay to drivers, pedestrians and emergency response; however, these require close coordination between the railroad design engineers and the agency controlling the signals (IRC) in order to minimize impacts to traffic and emergency response times. 4. Railroad Preemption of Traffic Signals: Traffic signals in close proximity to tracks must be interconnected to the railroad warning system. Railroad preemption is special mode in a traffic signal controller designed to help clear vehicular traffic on the roadway that may be stopped on the tracks, as well as, prohibit conflicting traffic movements with an approaching train. In order to calculate the amount of preemption time needed for the crossing, the railroad must provide specific measurements and railroad design times. At a minimum, additional circuits should be included in the design which includes Supervised, Advance/Simultaneous Preemption, Traffic Signal Health and Gate Down. A Railroad Preemption Relay panel shall be provided that includes a test switch capability. To date these items have not been provided nor has the railroad designer reached out to coordinate the system requirements with the County. 5. Second Train Logic at Railroad Preempted Crossings: Where there is more than one track, a second train can approach at any time. If there is an advanced preemption interconnection between the traffic signals and the railroad, the appearance of a second train can hold the traffic signals in preemption and have the gates rise momentarily allowing vehicles to pull up and stop on the tracks while a second train is approaching. When this occurs, the vehicles stopped on the track will not receive a Track Clearance Green light indication to be able to clear the track prior to the second train approaching. Where second train logic is employed, if a second train is detected on the outer approach, the gates will continue to remain down until after the second train passes. Second train logic may be employed where no traffic signals are present if circumstances warrant. This helps prevent traffic from re -queuing onto the track while a second train is approaching. Furthermore, it is an American Railway Engineering and Maintenance -of -Way Association (AREMA) requirement. Based on our plan review it is not apparent if this technology is intended to be deployed. 6. Left Turning Traffic Queues Blocking Tracks: There are numerous adjacent roadways and driveways located less than 100 feet of the crossing. After a train event, drivers proceed across the track and a vehicle waiting to turn left at the adjacent driveway or roadway will block the 234 through traffic lane. This will result in vehicles queueing behind the turning vehicle inadvertently stopping drivers on the tracks. Due to the potential of a second train event, a by-pass lane or a left turn lane should be installed to prevent traffic queues from extending and stopping onto the track while a train is approaching. 7. Train Speed Variability: Due to the potential train speed variability along the corridor, it is important to understand the railroad design and the impacts of a slowing or accelerating train and the warning time impacts (i.e. the amount of time the gates will be horizontal). The amount of time the gates are horizontal blocking traffic could be significantly greater as a train decelerates, which will negatively impact vehicular movement resulting in increased delays and congestion. This information has not been provided to the County to date. 8. Pedestrian Safety: Due to the train speed and potential for extended warning times, additional measures should be considered at the pedestrian crossings to improve safety. a. Pedestrian Gate Arms and Fencing: For all pedestrian crossings with a sidewalk, pedestrian gate arms should be provided. A separate gate mechanism for sidewalks should be provided to prevent a pedestrian from raising the vehicular gate at a highway - rail grade crossing. Channelization such as fencing should also be considered. Additional fencing should be considered along the railroad right-of-way to prevent pedestrians from crossing tracks outside of sidewalk area. b. Pedestrian Swing Gate/ Emergency Exit Path: Due to the multiple tracks and length of the pedestrian crossing, pedestrians will have to cross a greater distance and may not be able to cross the entire distance before the gates are lowered, especially those that are mobility challenged. Swing gates/emergency exit path should be installed where pedestrian gate arms are installed. The swing gates are not electrically connected into approaching train or vehicular traffic signal systems. The purpose of the swing gates is to afford an opportunity to people that are trapped in between the gates the ability to exit the crossing area. The swing gates and access pathways to the gates shall be ADA compliant to allow pedestrians or persons in wheel chairs to exit the crossing by pushing the gate. c. "Second Train Coming" Warning Sign: Due to the potential of a second train event shortly after the first train clears the crossing, pedestrians may not be aware of another train coming. After waiting several minutes for the passing train, pedestrians may try to cross the tracks since they are not aware of an approaching higher speed train. "Second Train Coming" Warning Signs along with the associated controller equipment should be considered at pedestrian crossings. 9. Roadway Grade and Grade Transitions: The proposed plans have numerous locations where the design of the Grade and Grade Transition does not meet American Association of Highway Transportation Officials (AASHTO) guidelines and FDOT standards. Revision of the roadway plans are required. 10. Highway -rail crossing surfaces: Crossing surface panels must be at least one foot wider than the sidewalk or edge of roadway, if there is no sidewalk. The current plans do not extend across the entire traffic lane width or sidewalk area. This is not a good design practice and will result in inadequate flange distance for bicycle and wheelchair accessibility, potential off -sets of roadway surface, unexpected roadway edge drop-offs, and lack of a smooth surface. 11. Construction Road Closures: Due to the change in railroad grade and the railroad slope requirements, more than one crossing (potentially 3 to 5 crossings) will have to be closed consecutively for construction. AAF plans state only one crossing will be closed at a time in the 235 City of Vero Beach, which will not be feasible if one track has to remain operational. The closure of multiple thoroughfares at a given time will result in excessive traffic delays. A proposed construction schedule and details should be provided and additional coordination with the County must be conducted to minimize traffic congestion and impacts to local residents and businesses. 12. Education and Enforcement: Providing education and enforcement improves safety for both pedestrians and drivers. A comprehensive plan should be developed in conjunction with Operation Life Saver to help promote safer crossings and give more knowledge to our citizens. The Indian River County Board of County Commissioners and County staff are committed to ensuring that all available safety measures are in place for the operation of the higher speed rail corridor through the County. County staff will continue to demand a design that will have long-lasting protections for our community. We are hopeful that representatives from FDOT and Virgin Trains will reach out to County staff to schedule a design resolution meeting for the protection of the residents of Indian River County. Additionally, the County is asking that FDOT incorporate these comments and any other safety improvements needed during the FDOT review of the construction plans to ensure that the crossings are as safe as possible for the residents of Indian River County and comply with the "Vision Zero Florida" program started by the Department. Regards, Richard B. Szpyrka, P.E. Public Works Director Attachments: Indian River County Comments cc: Kevin Thibault, Secretary of the Florida Department of Transportation Birgit Olkuch, P.E. — Rail Administration Manager (via email) Janie Hollingsworth, P.E. — County Traffic Engineer (via email) Frank Frey — Federal Railroad Administration (via email) 236 Comment # Volume Sheet # Type of Comment DOT # Mile Post Street Name Comment ALL General Comment Please provide a formal response letter addressing comments provided by County Staff to AAF (Adrian Share, Executive Vice President, Rail Infrastructure) on August 15, 2016 and October 10, 2018. - 2 ALL General Comment Plan Conflicts All All There are numerous plans that conflict showing different railroad warning device placement. For example, Roadway Plans show 3 gates and the Crossing Plans show 4 gates at a crossing. Revise plan sets accordingly. 3 ALL General Comment Warning System All All Provide to the county the proposed Railroad Warning Times for each crossing, including Equipment Response Time, Buffer Time, Clearance Time, Minimum Warning Time, and any Exit Gate Delay Time. The timing is required to compute Railroad Preemption calculations for the traffic signals. 4 ALL General Comment Warning System All All When possible, eliminate "humps" at crossings. Grade should be less than 1.2% where practical. If grade cannot be met, provide adequate Warning Time/Clearance Time for grade. Provide calculations taking into consideration of the Grade. Grade exceeding 1.2% will result in increased time for larger vehicles to traverse crossing. Evaluate all road profiles to determine if "low clearance" signs are needed. All K values shall meet AASHTO design recommendations. Transition distances may need to be increased to meet recommended design values. 5 ALL General Comment Warning System All All Provide the gate down time prior to train arrival for each crossing. Also provide vehicle presence detection (VPD) system operation, such as how many seconds must the vehicle be detected after the gates are down before notification is provided to stop or slow the train? Provide specifications and design details for VPD that will be implemented? Is the detection vital and redundant? VPD is critical to the overall safety of the crossing; missed calls or false detections will compromise the safety of the crossing. 6 ALL General. Comment Warning System All All Will the gate down time prior to train arrival be different for passenger rail verses freight? 7 ALL General Comment Warning System All All Will the exit gates fail in the up position? What happens regarding the warning time if an exit gate fails? Will the train be forced to reduce speed, stop or change operating rules? How much additional time (warning time extended) will the gates be horizontal if the exit gates fail or malfunction? What are the anticipated delays and the impacts to traffic at the crossing? , 8 ALL General Comment Warning System All All Vehicle gates shall not be used to block pedestrian crossings. This is to prevent a pedestrian from lifting the vehicle gate arm that may be trapped between the tracks and the gate as a result of the distance that a pedestrian has to travel to cross tracks and the extended warning time. 9 ALL General Comment Pedestrian All All For all pedestrian crossings with a sidewalk, provide pedestrian gate arms, which also includes emergency swing gates or emergency exit path for all pedestrian crossings. A separate gate mechanism for sidewalks should be provided to prevent a pedestrian from raising the vehicular gate at a highway-rail grade crossing. Channelization such as fencing shall be required at each crossing. It is recommended to install a minimum of 20 feet of fencing leading up to the tactile warning treatment. Provide additional fencing along the railroad right-of-way to prevent pedestrians from crossing tracks outside of sidewalk area. 237 10 Vol 5 General Comment Pedestrian All All Provide second train warning sign with audible device at pedestrian crossings with two or more tracks to warn pedestrians of a second train event. Since a second train event can occur shortly after the first train clears the crossing, pedestrians may not be able to see or be aware of a higher speed train approaching. 11 ALL General Comment Crossing Surface All All Unless noted as a greater width on a specific plan sheet, concrete crossing surface panels must be at a minimum one foot wider than the sidewalk or edge of roadway, if there is no sidewalk. Evaluate all crossings and revise plans accordingly. 12 - ALL General Comment Pedestrian All All There must be a level turn-around area (for wheel chair users) next to the rail that is five feet by five feet wide on both sides of the track. ADA Accessibility Guidelines (ADAAG) shall be met. 13 ALL General Comment Pavement Markings All All Provide six (6) inch wide thermoplastic white edge line / curb line striping through the crossing. Due to the double tracks and wide crossing distance, this will give additional guidance to the driver as they traverse across the track. Furthermore, this will help prevent drivers from mistakenly turn down the track instead of the adjacent parallel road. 14 ALL General Comment Pedestrian All All Swing gates shall be installed where pedestrian gate arms are installed. The swing gates are not electrically connected into approaching train or vehicular traffic signal systems. The purpose of the swing gates is to allow people to reach the clear point on the far side of the automatic gate arm. This happens when a pedestrian is already on the crossing at the same time the automatic gate begins lowers due to approaching train and the pedestrian is unable to walk the entire crossing distance before the gates are lowered. Essentially the pedestrian is trapped between the gate and the track. The swing gates shall be ADA compliant to allow pedestrians or persons in wheelchairs to exit the crossing area by pushing the gate. 15 Vol 5 General Comment Railroad Preemption II Railroad Preempted Crossings All Railroad Preempted Crossings At a minimum, provide the following railroad preemption circuits: Advance Preemption Supervised (Double-Break or Single-Break) Warning light and gate activation (XR) Traffic Signal Health Gate Down 16 Vol 5 General Comment Railroad Preemption II Railroad Preempted Crossings All Railroad Preempted Crossings Eliminate yellow trap during railroad preemption sequence by implementing flashing yellow arrow or alternate measure approved County. Coordinate with the County on the traffic signal changes. 17 Vol 5 General Comment Railroad Preemption II Railroad Preempted Crossings All Railroad Preempted Crossings Close coordination with the railroad system design and traffic signal operation must occur to improve safety and operation. Additional traffic control indications and detection may be required to assist with keeping the track clear and also minimize the traffic congestion. As an example, additional vehicle detection may be needed to assist with clearing traffic congestion as a result of the long warning times contributed by the Higher Speed Rail operation. Furthermore, flashing yellow arrow will be required to eliminate yellow trap condition during railroad preemption. Schedule a design review meetig with the County to review traffic signal preemption operation and traffic signal design. 18 Vol 5 General Comment Railroad Preemption II Railroad Preempted Crossings All Railroad Preempted Crossings Provide Railroad Preemption Interface relay panel for all railroad preempted traffic signals. Test switch must be included. 238 19 Vol 5 General Comment Railroad Preemption II Railroad Preempted Crossings All Railroad Preempted Crossings At a minimum, a 7 conductor preemption cable shall be provided. Additional conductors may be required pending number of circuits needed. Please coordinate with County on traffic signal design. 20 • ALL General Comment Railroad Warning System All All Provide Second Train Logic at railroad preempted crossings and at crossings that have a storage area less than 100 feet. Where there is more than one track, a second train can approach at any time. If there is an advanced preemption interconnection between the traffic signals and the railroad, the appearance of a second train can hold the traffic signals in preemption and have the gates rise momentarily allowing vehicles to pull up on to the tracks. Where second train logic is employed, if a second train is detected on the outer approach, the gates will remain down until after the second train passes. 21 ALL General Comment Pedestrian All All Flangeway gaps at pedestrian at -grade rail crossings shall be 2.5 inch maximum on non - freight rail track and 3 inch maximum on freight rail track. 22 ALL General Comment Quiet Zone All All Ensure all equipment and placement of devices will meet FRA Quiet Zone requirements for the County to obtain Quiet Zone approval without additional costs. 23 ALL General Comment Fencing Show all fencing locations. Fencing shall be placed a minimum of 1 foot inside the Railroad ROW (Exception will be on sidewalks where fencing may be required outside the ROW). Fencing should be placed near pedestrian traffic generators in urban areas and select rural areas, such as walk to school routes and parks, as well as locations of pedestrian trespass and subdivisions. Submit fencing details. County requests diagnostic meeting with knowledgeable representatives from Railroad companies, FRA, City and County to determine fencing locations. 24 Vol 3 General Comment Road Closure Plans All All Road Closed to Thru Traffic (R11-4) sign shall be installed on a Type III barricade. Road Closed Ahead warning sign with supplemental plaque is not sufficient. 25 • Vol 3 General Comment Road Closure Plans All All All road closures provided in the Roadway Plans are insufficient and lack adequate details. Contractor is responsible for submitting road closure plans (Temporary Traffic Control Plans ) in compliance with FDOT and MUTCD standards. Please note all road closure plans as not approved. Contractor to submit revised closure plans that meet standards. 26 Vol 4 General Comment Pavement Markings All All Show all existing and proposed pavement markings relating to Railroad and roadway approach on plans. All railroad pavement marking placement must meet current standards for placement. Any relocation of an existing pavement message to meet standards will require mill and resurfacing prior to relocation. 27 Vol 4 General Comment Signs All All Show all existing and proposed signs relating to Railroad on plans. All existing and proposed signs must meet current MUTCD and FDOT standards for placement and retroreflectivity. Any signs not meeting current standards shall be replaced. 28 General Comment Emergency Access All All Due to locations of hospital, emergency response may be delayed as result of the warning times for each crossing. What measures have been taken to ensure emergency response times are not impacted? 29 Vol 3 General Comment ADA Provide detail for detectable warning surface (truncated domes). Detectable warning surface shall be provided at pedestrian crossings. Truncated domes shall be full width of sidewalk. 239 30 ALL General Comment Railroad Preemption 11 Railroad Preempted Crossings All Railroad Preempted Crossings Provide the measurement of the Minimum Track Clearance Distance (MTCD) at each railroad preempted crossing in order for preemption calculations to be completed. 31 Vol 4 General Comment . Signs All All Install'TRAINS MAY EXCEED 80 MPH" signs (W10-8) for all crossings where train speeds will exceed 80 MPH. 32 Vol 4 General Comment Signs All All Add "DO NOT STOP ON TRACKS" R8-8 (24"x30") signs on the far side of the tracks for each approach for all crossings 33 Vol 5 General Comment Signs As specified As specified Upgrade all existing and proposed turn prohibition signs blank-out signs during railroad preemption to LED and include "TRAIN". 34 Vol 5 General Comment . Signs As specified As specified Show all turn prohibitions in railroad preemption phasing diagrams. 35 Vol 3 4 General Notes Note #18 - Remove Donte Taylor as the contact. He no longer works for the County. Change number to 772-226-1547 36 Vol 3 4 General Notes Note #16 states that only one crossing can be closed at any time in the City of Vero Beach. Due to the change in railroad grade and the slope requirements, it appears that more than one crossing will have to be closed for construction. Provide closure details and schedule to minimize traffic impacts. 37 Vol 3 7 Roadway Details Standard detail shows 0'-2' widening. The minimum widening shall be 2'. Adjust standard note accordingly. 38 Vol 3 7 Roadway Details Add a note under Sidewalk Detail: A minimum of 5 feet of surface perpendicular to the track must be provided for skewed crossings permit wheelchair to cross perpendicular to the track. 39 Vol 3 166 Plan Conflicts 272159U 212.57 Roseland Road Verify placement of pedestrian gate location. Gate is located over 20 feet from center of crossing. Will the extra distance require additional warning time for the pedestrian to clear the crossing? The pedestrian gate placement in Vol 3 does not match Vol 6. 40 Vol 3 168 Construction 272159U 212.57 Roseland Road Recommend additional overhead lighting at flagger stations due to 24 hour operation. 41 Vol 4 54 Roadway 272159U 212.57 Roseland Road After a train event, northeastbound traffic queues extending across from the entrance to the post office. Due to a potential of a second train event and traffic queues extending across the track, a by-pass lane or a left turn lane shall be installed for northeastbound traffic turning into the post office. 42 Vol 6 55 Plan Conflicts 272159U 212.57 Roseland Road Crossing plan conflicts with Vol 3 and 4. Vol 6 doesn't show exit gates. Vol 3 & 4 shows exit gates. Resolve accordingly. 43 Vol 3 166 Roadway 272159U 212.57 Roseland Road Extend track panels a minimum of 5 foot beyond the edge of travel way and 1 foot for the edge of sidewalk. 5 Foot Shoulder must be provided. 44 Vol 3 167 Roadway 272159U 212.57 Roseland Road Provide roadway transition on both sides of the track to remove "hump" condition. 45 Vol 3 169 Plan Conflicts 272161V 214.42 Main Street Vol 3 plans 3 Quad Gates. Vol 6 shows 4-Quad Gates. Plans are in conflict and should be revised accordingly. 46 Vol 3 169 Roadway 272161V 214.42 Main Street Extend track panels a minimum of 5 foot beyond the edge of travel way and 1 foot for the edge of sidewalk. 5 foot shoulder must be provided 47 Vol 3 169 Pedestrian 272161V 214.42 Main Street Due to skewed crossing, verify that a minimum of 5 feet of sidewalk crosses perpendicular to the track for wheelchair access. 48 Vol 3 169 Left Turns 272161V 214.42 Main Street Provide westbound left turn lane at Louisiana. Due to multiple train events, queues resulting from the left turning vehicle will extend across crossing. 49 Vol 6 56 Sight Distance 272161V 214.42 Main Street Verify adequate sight distance is provided for southbound Louisiana Ave due to the revised Railroad house location. 240 50 Vol 3 169 Roadway 272161V 214.42 Main Street Provide roadway transition on both sides of the track to remove "hump" condition. 51 Vol 4 55 Signs 272161V 214.42 Main Street Install Intersection Warning Signs (W10-2) for northbound and southbound Louisiana 52 Vol 3 171 Construction 272161V 214.42 Main Street Road Closed to Thru Traffic (R11-4) sign shall be installed on a Type III barricade for Main St at US 1 and Powerline Rd. 53 Vol 6 57 Drainage 272063H 214.7 CR 512 West/Sebastian Verify placement of railroad house. Appears there may be a drainage conflict. 54 Vol 6 57 Warning System 272063H 214.7 CR 512 West/Sebastian Can the gates be moved closer to crossing? Plan is proposing 27' 5" to 38' 4" away from tracks. Concern with a vehicle stopped in between the tracks and gate during a train event. Furthermore, the width of the Minimum Track Clearance Distance will require additional Clearance Time. 55 Vol 6 57 Warning System 272063H 214.7 CR 512 West/Sebastian Ped gate is located over 20 feet from centerline of crossing. Verify adequate clearance time is provided for the additional distance to cross tracks. Can the gate be relocated to reduce crossing distance? 56 Vol 3 172 Warning System 272063H 214.7 CR 512 West/Sebastian Due to skewed crossing, verify that a minimum of 5 feet of sidewalk crosses perpendicular to the track for wheelchair access. 57 Vol 4 56 Signs 272063H 214.7 CR 512 West/Sebastian Add "DO NOT STOP ON TRACKS" R8-8 (24"x30") signs on the far side of the tracks. Sign shall be placed on north and south curb line. 58 Vol 4 56 Signs 272063H 214.7 CR 512 West/Sebastian Extend bike lane through crossing. 59 Vol 3 172 Warning System 272063H 214.7 CR 512 West/Sebastian Provide pedestrian gate arms, which also includes emergency swing gates or emergency exit path. A separate gate mechanism for sidewalks should be provided to prevent a pedestrian from raising the vehicular gate at a highway -rail grade crossing. Channelization such as fencing shall be required at each crossing. Itis recommended to install a minimum of 20 feet of fencing leading up to the tactile warning treatment. Provide additional fencing along the railroad right-of-way to prevent pedestrians from crossing tracks outside of sidewalk area. 60 Vol 4 ' 56 Pavement Markings 272063H 214.7 CR 512 West/Sebastian Extend lane lines through the crossing due the curve and gate placement. 61 Vol 3 172 ADA 272063H 214.7 CR 512 West/Sebastian Provide detectable warning surface (truncated domes) for each approach to comply with ADAAG. 62 Vol 3 174 Construction 272063H 214.7 CR 512 West/Sebastian Road Closure plan is unacceptable. Due to one way operation, plans must be provided to show how access to private businesses will be handled. A more detail plan must be provided on how the business access will be resolved. Left turn and right turn lanes shall be closed on US 1 turning towards track. Detour signs/Route for southbound US 1 shall be provide for the traffic that are prohibited from turning right. 63 Vol 4 57 Pavement Markings . 272162C 215.06 CR 512 East/ Sebastian Blvd Remove pavement arrows prior to track. Due to the double track and widened crossing, pavement arrows may cause driver confusion and result in a motorist turning down the track. 64 Vol 4 57 Signs 272162C 215.06 CR 512 East/ Sebastian Blvd Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 65 Vol 4 57 Pavement Markings 272162C 215.06 CR 512 East/ Sebastian Blvd Extend 5 foot bike lane through crossing. 241 66 Vol 3 175 Warning System 272162C 215.06 CR 512 East/ Sebastian Blvd Provide pedestrian gate arms, which also includes emergency swing gates or emergency exit path. A separate gate mechanism for sidewalks should be provided to prevent a pedestrian from raising the vehicular gate at a highway-rail grade crossing. Channelization such as fencing shall be required at each crossing. It is recommended to install a minimum of 20 feet of fencing leading up to the tactile warning treatment. Provide additional fencing along the railroad right-of-way to prevent pedestrians from crossing tracks outside of sidewalk area. 67 Vol 3 177 Construction 272162C 215.06 CR 512 East/ Sebastian Blvd Road Closure plan is unacceptable. Due to one way operation, lane closures will be required. A more detail plan must be provided on how the business access will be resolved. Turn restriction signs are required. 68 Vol 3 177 Roadway 272162C 215.06 CR 512 East/ Sebastian Blvd Provide roadway transition on both sides of the track to remove "hump" condition. 69 Vol 3 177 Drainage 272162C 215.06 CR 512 East/ Sebastian Blvd Verify placement of warning devices. Appears to be in conflict with drainage system. 70 Vol 6 59 Warning System 2721631 216 Old Dixie Hwy Verify adequate sight distance is provided to see railroad flashing light display due to curve in roadway. Adjust warning devices as needed. 71 Vol 3 179 Roadway 2721631 216 Old Dixie Hwy Provide K value calculations and show that it meets AASHTO. Extend transitions to provide an acceptable K value for sight distance and vehicle clearance. 72 Vol 4 58 Pavement Markings 2721631 216 Old Dixie Hwy Provide white edge line and double-yellow center line through the crossing due to curve. . 73 Vol 6 60 Warning System 272164R 216.59 Schumann Dr Pedestrian gate required for sidewalk. Sidewalk is not shown on this plan set. See General note regarding pedestrian gates and swing gate/ emergency exit path. 74 Vol 4 59 Signs 272164R 216.59 Schumann Dr Install Intersection Warning Signs (W10-2) for Essex Ln 75 Vol 4 59 Roadway 272164R 216.59 Schumann Dr Provide westbound left turn lane at Essex Ln. Due to multiple train events, queues resulting from the left turning vehicle will extend across crossing. 76 Vol 3 184 Roadway 272165X 217.61 99th St/Vickers Rd Provide westbound left turn lane or create by-pass lane at driveway located west of the crossing. Due to multiple train events, queues resulting from the left turning vehicle will extend across crossing. Note that trucks towing large boats turn left into driveway for boat storage. 77 Vol 3 186 Roadway 272165X 217.61 99th St/Vickers Rd Provide a minimum of 2 foot shoulder for construction by-pass lane. The plans show only a 10 ft. traffic lane without a shoulder. This appears to be too narrow. Verify turning template for a large truck towing boat to ensure driver can maneuver the narrow traffic lane. 78 Vol 6 62 Sight Distance 272974H 218.05 Barber St Evaluate eastbound flashing light display to ensure sight visibility. Trees may block flashing light display. 79 Vol 4 61 Signs 272974H 218.05 Barber St Add one way signs for Eagles Lodge driveway. Driveway is one way southbound. Add No Right Turn (symbol) sign just east of the driveway. This is to prevent traffic queues from extending onto track. 80 Vol 6 62 Plan Conflicts 272974H 218.05 Barber St Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates.. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 81 Vol 6 63 Plan Conflicts 272168T 219.58 CR 510/ Wabasso Rd Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 82 Vol 6 - 63 Warning System 272168T 219.58 CR 510/ Wabasso Rd FDOT has plans to widen CR 510/Wabasso to 4 lanes (two lanes in each direction). Construct full width. 242 83 Vol 4 62 Signs 272168T 219.58 CR 510/ Wabasso Rd "DO NOT STOP ON TRACKS" sign is located in the middle of the sidewalk. Relocate to appropriate location. 84 Vol 4 62 Pavement Markings 272168T 219.58 CR 510/ Wabasso Rd Show the proposed W10-1 and railroad crossing pavement markings. 85 Vol 3 193 Pedestrian 272170U 220.7 77th Street/Hobart Road Extend sidewalk through crossing on Southside to match existing sidewalk. Revise warning devices accordingly. See General note regarding pedestrian gates and swing gates/emergency path. 86 Vol 6 63 Signs 272170U 220.7 77th Street/Hobart Road Due to the added track and reduced clear storage distance, the stop sign for eastbound 77th St at Old Dixie needs to be evaluated. Coordinate with the County on the determining the appropriate traffic control measures to prevent queuing onto the track. 87 Vol 3 193 Roadway 272170U 220.7 77th Street/Hobart Road Provide westbound left turn lane or create by-pass lane at driveway located west of the crossing. Due to multiple train events, queues resulting from the left turning vehicle will extend across crossing. Note that tractor trailers access driveway to warehouse.. 88 Vol 3 194 Roadway 272170U 220.7 77th Street/Hobart Road Extend roadway grade transition to reduce grade approaching track. 89 Vol 4 64 Signs 272172H 221.8 69th St/ N Winder Beach Rd Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 90 Vol 3 196 Roadway 272172H 221.8 69th St/ N Winder Beach Rd Extend bike lane through crossing. Widening of roadway is required. 91 Vol 3 196 Roadway 272172H 221.8 69th St/ N Winder Beach Rd Extend sidewalk through crossing on Southside to match existing sidewalk. Revise warning devices accordingly. See General note regarding pedestrian gates and swing gates/emergency path. 92 Vol 3 196 Red Flashing Beacon 272172H 221.8 69th St/ N Winder Beach Rd Evaluate the flashing red beacon at the intersection of 69th St and Old Dixie Hwy. Due to the close proximity of the flashing light and the railroad warning lights, the flashing red light should be removed and alternate traffic control device or placement should be considered. Close coordination with County is required to determine the appropriate device for the intersection. 93 Vol 3 196 Roadway 272172H 221.8 69th St/ N Winder Beach Rd 69th St is a truck route and hauling route for local concrete plant. Evaluate the grade of the crossing profile and increase grade transition to ensure adequate crossing clearance for low clearance vehicles. 94 Vol 3 196 Roadway 272172H 221.8 69th St/ N Winder Beach Rd Evaluate the Clear Storage Distance - the storage area between the track and Old Dixie. Due to the tractor trailers using this route, changes to the intersection operation may need to be considered as a result of tractor trailer extending into the Minimum Track Clearance Distance (MTCD). Please coordinate with the County. 95 Vol 4 65 signs 272173P 222.32 65th St/ S Winter Beach Rd Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 96 Vol 3 199 Red Flashing Beacon 272173P 222.32 65th St/ 5 Winter Beach Rd Evaluate the flashing red beacon at the intersection of 65th St and Old Dixie Hwy. Due to the close proximity of the flashing light and the railroad warning lights, the flashing red light should be removed and alternate traffic control device or placement should be considered. Close coordination with County is required to determine the appropriate device for the intersection. 97 Vol 3 199 Roadway 272173P 222.32 65th St/ S Winter Beach Rd Widen roadway to eliminate westbound through lane off -set through the intersection. Widen eastbound to a minimum 12 ft. traffic lane over crossing with shoulder. Ensure transition meets FDOT standards. 98 Vol 3 199 Roadway 272173P 222.32 65th St/ S Winter Beach Rd Evaluate the Clear Storage Distance - the storage area between the track and Old Dixie. Due to the tractor trailers using this route (Recycle Center is located on 65th St), changes to the intersection operation may need to be considered as a result of tractor trailer extending into the Minimum Track Clearance Distance (MTCD). Please coordinate with the County. 243 99 Vol 3 202 Roadway 272175D 223.18 Hawks Nest Rd Adequate turnaround area must be provided at the property entrance gate to allow a driver an opportunity to a exit the property if the private property gates are locked in a down position. The proposed median would require a driver conduct a backing maneuver over the tracks, which is unacceptable. Revise median to permit an opening, which would require a railroad exit gate. 100 Vol 4 67 Pavement Markings 273108M 223.9 53rd Street Remove stop line east of crossing. Stop line forces traffic to stop on the track. 101 Vol 4 67 Pavement Markings 273108M 223.9 53rd Street Remove left turn arrow located within the MTCD to prevent driver confusion of turning down the track. 102 Vol 5 CL -08068 Traffic Signal 273108M 223.9 53rd Street Install pre -signal for eastbound traffic. Stop line and far side traffic signal exceeds 200 ft., therefore, requiring the additional traffic signal indications. Coordinate with the County regarding the design and operation of the nearside signals. NO TURN ON RED sign required for presignal. 103 Vol 5 CL -08068 Traffic Signal 273108M 223.9 53rd Street Install flashing yellow arrow to eliminate yellow trap during railroad preemption. 104 Vol 4 67 Signs 273108M 223.9 53rd Street - Relocate "DO NOT STOP ON TRACKS" sign for eastbound traffic. Warning devices will block view of sign. 105 Vol 5 CL -08068 Traffic Signal 273108M 223.9 53rd Street Turn prohibition blank -out signs during railroad preemption required for northbound and southbound Old Dixie. Show blank -out sign operation in phasing plan. 106 Vol 4 67 Signs 273108M 223.9 53rd Street "STOP HERE ON RED" shall be posted in median for eastbound traffic. 107 Vol 205 Pavement Markings 273108M 223.9 53rd Street Provide bike lane over crossing for eastbound and westbound. 108 Vol 6 68 Plan Conflicts 273108M 223.9 53rd Street Proposed Railroad House and equipment on southwest corner appears to be located at the same location as the traffic signal mastarm and luminaire pole. Furthermore, the railroad house location is not consistently located in the same place throughout all volumes. Please verify and revise all plan sets accordingly. 109 Vol 4 67 signs 273108M 223.9 53rd Street Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 110 Vol 4 68 signs 272177S 224.42 49th Street/Lindsey Road Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 111 Vol 3 208 Warning System 272177S 224.42 49th Street/Lindsey Road Provide siding track "3rd track" operational details. How often will the siding track be utilized? How will the siding effect nearby crossings when a train decelerates into the siding and when exit the siding? Will stopped trains block 49th St for extended periods of time? 112 Vol 3 209 Warning System 272177S 224.42 49th Street/Lindsey Road Evaluate crossing grade profile to ensure low clearance vehicles can clear crossing. Trucks towing boats to storage lot and a high volume of tractor trailers traverse crossing. 113 Vol 3 209 Warning System 272177S 224.42 49th Street/Lindsey Road Widen roadway to include bike lanes. 114 Vol 6 69 Plan Conflicts 272177S 224.42 49th Street/Lindsey Road Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 115 Vol 3 211 Warning System 272178Y 224.94 45th Street Evaluate the flashing red beacon at the intersection of 45th St and Old Dixie Hwy. Due to the close proximity of the flashing light and the railroad warning lights, the flashing red light should be removed and alternate traffic control device or placement should be considered. Close coordination with County is required to determine the appropriate device for the intersection. 116 Vol 3 211 Left Turns 272178Y 224.94 45th Street Extend 2 -way left center turn lane to crossing. Traffic queues extend across the track due to through lane being blocked by downstream left turn. 244 117 Vol 4 69 signs 272178Y 224.94 45th Street Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 118 Vol 6 70 Plan Conflicts 272178Y 224.94 45th Street Railroad waning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 119 Vol4 70 signs 272179F 225.12 43rd Street Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 120 Vol 6 72 Plan Conflicts 272180A 225.46 41st Street Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 121 Vol 3 217 Pedestrian 272180A 225.46 41st Street Extend sidewalks through crossing. Crossing panels shall be extended. 122 Vol 5 Traffic Signal 272180A 225.46 41st Street Provide plans for traffic signal. Evaluate the flashing red beacon at the intersection of 41st St and Old Dixie Hwy. Due to the close proximity of the flashing light and the railroad warning lights, the flashing red light should be removed and traffic signal shall be installed. Coordination with County is required to determine the appropriate design for the intersection. 123 Vol 4 71 signs 272180A 225.46 41st Street Install Intersection Warning Signs (W10-2) for Old Dixie Hwy 124 Vol 5 CL -08-73 Traffic Signal 273047Y 226.65 32nd St/Aviation Blvd Upgrade existing turn prohibition blank -out signs with "TRAIN" - No left turn and no right turn. 125 Vol 5 CL -08-73 Traffic Signal 273047Y 226.65 32nd St/Aviation Blvd Install advance vehicle detection approximately 850 feet west of crossing. Advance detection is required to help clear traffic queues after train events. Due increased number of train events and traffic congestion as a result of the higher speed rail, additional right turn lane shall be provided at US 1 for eastbound and southbound. Coordinate with the County to determine additional traffic congestion mitigation measures to be incorporated. 126 Vol 3 220 Pedestrian 273047Y 226.65 32nd St/Aviation Blvd Provide sidewalk connection on south side of Aviation Blvd to connect to intersection crosswalk. 127 Vol 4 73 signs 272189L 227.06 26th Street Evaluate roadway profile to determine if low clearance signs are required. Add advance warning signs as needed. 128 Vol 5 CL -08-074 Traffic Signal 272189L 227.06 26th Street Coordinate with the County, City of Vero Beach and FDOT regarding the traffic signal design and operation. Revisions are required to the proposed traffic signal, sign and pavement marking plan. Relocate traffic signal cabinet to east side of crossing. The current cabinet location malfunctions due to the train vibration. 129 Vol 3 223 Pedestrian 272189L 227.06 26th Street Additional detectable warning surface (truncated domes) required at pedestrian gate on north side of crossing. 130 Vol 3 227 signs 272190F 227.14 14th Avenue Evaluate roadway profile to determine if low clearance signs are required. Add advance warning signs as needed. 131 Vol 6 76 Plan Conflicts 272191M 227.31 23rd Street Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 132 Vol 5 CL -8-78 Traffic Signal 272958Y 227.55 SR 60 WB 20th St/20th PI Install LED no right turn blank -out sign with 'Train" sign to be activated during railroad preemption. 133 Vol 6 81 Plan Conflicts 272196W 228.66 12th Street Railroad warning devices do not match in Vol 3 and 4. Vol 3 & 4 Show ped gate at exit gates. Revise plans accordingly. See general notes regarding pedestrian gates and swing gates/emergency exit path. 134 Vol 3 247 Pedestrian 272197D 229.19 8th St/Glendale Road Extend sidewalk through crossing on Southside to match existing sidewalk. Revise warning devices accordingly. See General note regarding pedestrian gates and swing gates/emergency path. 135 Vol 5 CL -08-83 Traffic Signal 272198K 229.74 4th Street Due to limited storage between track and US 1, install LED "NO LEFT TURN TRAIN" prohibition sign for the northbound US 1 left turn lane. 245 136 Vol 5 C108-85 Traffic Signal 2722001 230.14 Oslo Road Traffic queues extend across track on Oslo Road. Additional traffic control measures need to be considered at the crossing to minimize traffic queuing across tracks. Coordinate with the County regarding possible design options to keep track clear. 137 Vol 3 253 Pedestrian 272199S 230.14 1st Street Install sidewalks on both sides of the crossing. See general notes for pedestrian gates and emergency exit path. 138 Vol 5 General Comment Traffic Signal 12th Street Traffic signal preemption is missing for the intersection of 12th St and Commerce Ave. Please include in plans. 139 Vol 7 General Comment Utilities All All All IRC utilities cross over the fiber optic duct bank. It looks like our maximum depth is 5.5' whereas the minimum depth of the duct banks is 6.5'. There should not be any conflicts but it would not hurt to look more closely. 140 Vol 7 General Comment Utilities All All Horizontal Separation 14.06: All water, reclaimed water and/or sewer utilities shall be located a minimum horizontal separation equal to the depth of the pipe plus the diameter of the pipe from any permanent above ground structures (i.e., walls, trees, transformer pads, etc.). 141 Vol 7 General Comment - Utilities All All Horizontal Separation 14.06: A minimum 4 -feet separation is required between water/sewer utilities and other underground utilities such as telephone, gas, cable, irrigation, etc. 142 Vol 7 General Comment Utilities All All Vertical Separation 14.07: Maintain 18" vertical clearance between any water/sewer utility and any other underground utilities such as telephone, gas, cable, irrigation, etc. 143 Vol 7 General Comment Utilities - Indian River County owns the reuse and brine lines. 144 Vol 7 100 Utilities Missing 8" water main with 20" casing on sheet 100; see file "Sebastian W" 145 Vol 7 General Comment Utilities Missing 6" force main with 16" casing around station 2664+50; see file "Manly S" 146 Vol 7 General Comment Utilities 87th Street/River Street Missing 16" water main with 24" casing at 87th St or River Street; see file"87th W" 147 Vol 7 General Comment Utilities Missing 24" force main with 38" casing north of Hobart Rd around station 2870; see file "North 77th S" 148 Vol 7 107 Utilities 77th Street/Hobart Road Incorrect information on sheet: 16" reuse with 32" casing 149 Vol 7 107 Utilities 77th Street/Hobart Road Incorrect information on sheet: 16" water main with 30" casing 150 Vol 7 108 Utilities 69th Street/N Winter Beach Road 12" water main with 24" casing 151 Vol 7 108 - Utilities 69th Street/N Winter Beach Road 6" force main with 14" casing 152 Vol 7 108 Utilities 69th Street/N Winter Beach Road See file "69th W&S" 153 Vol 7 111 Utilities 57th Street 12" reuse with 24" casing 154 Vol 7 111 Utilities 57th Street 16" brine with 30" casing 155 Vol 7 112 Utilities 53rd Street 16" force main with 24" casing 156 Vol 7 112 Utilities 53rd Street 12" water main with 24" casing 157 Vol 7 114 Utilities 49th Street/Lindsey Road Incorrect information on sheet: 14" force main with 20" casing 158 Vol 7 - 114 Utilities 49th Street/Lindsey Road Incorrect information on sheet: 10" reuse with 30" casing 159 Vol 7 General Comment Utilities 44th Street Missing 12" force main with 28" casing along 44th St, about ST 3116; see file "44th 5" 160 Vol 7 General Comment Utilities 12th Street There may be a 2.5" force main north of 12th St at around ST 3300 but there are no as- builts 161 Vol 7 129 Utilities 12th Street Incorrect information on sheet: 16" water main with 30" casing 162 Vol 7 General Comment Utilities 1st Street Missing 10" force main with 18" casing north of 1st St; see file "2nd 5" 163 Vol 7 General Comment Utilities 21st Street SE Missing 10" force main with 18" casing at 21st St SE, south of Highland Dr; see file "Highland" 246 Field Reviews with FDOT ■ AAF Released For Construction 02-13-19 Plans received on April 30 Field reviews and meeting conducted on May 1st ■ Primary objective of the FDOT meeting ✓ Identify concerns ✓ Enhance standards/guidance ✓ Build consistency with plans ✓ Build a stronger partnership Follow-up letter provided on June 4 2 &2nd Based on the plan review and field reviews, a_letter was. provided to FDOT highlighting the main design elements needing resolution and coordination with Virgin Trains: 1. Previous Plan Review and Comment Resolution 2. Design Plan Conflicts 3. Traffic Congestion Mitigation 4. Railroad Preemption of Traffic Signals 5. Second Train Logic 6. Left Turning Traffic Queues Blocking Tracks 7. Train Speed Variability 8. Pedestrian Safety 9. Roadway Grade and Grade Transitions 10. Highway -rail crossing surfaces 11. Construction Road Closures 12. Enforcement and Education Crossing Overview Design Element Examples Needing Resolution Note: This presentation is not intended to convey the County's final position for the various safety measures, equipment and/or standards nor the County's commitment to fund any infrastructure improvements and/or associated maintenance costs for the AAF project. Nor is it intended to provide a comprehensive plan review of the design documents provided to the County on April 30th, 2019. Sebastian Blvd/ CR 512 WB Proposed Pedestrian gate 20 FT from Track. Evaluate ped crossing time to ensure adequate warning time provided. Provide separate Gate assembly for sidewalk MAS 110 MPH Proposed gate location Shows 27 TO 38ft from crossing. Concern a vehicle stopping Between gate and track. Pedestrian crossing; Ensure meets ADA for Skewed Crossing Path Proposed RR House Appears to conflict With drainage Add One Way; No Right Turn For driveway Double Post "DO NOT STOP ON TRACKS" Continue pavement marking Striping through crossing Pedestrian Gate/Escape Path & Fencing 7 Second Train Warning High Speed Trains Longer Gate Times Roadway Grade and Transitions May 2"', 2019 - 26th St and US 1 t 11 8 Traffic Congestion Mitigation * Due to the increase number of train events and longer warning times, additional traffic delays are anticipated. Additional traffic mitigation techniques are necessary to 'minimize delay to drivers, pedestrians and emergency response; however, these require close coordination between the railroad design engineers and the agency controlling the signals (IRC) in order to minimize impacts to traffic and emergency response times. 9 Example delays across the County Aviaton@Mmin — • i • .________ -ti.,...4.,--.( ..,.... $ . . . • 1^4.4-,;si'a-.' ,- G • P.- tr,Rr;:-•..-,g--' . 4-,,. .:-.4.. .-',-,, ,x-/22. ;4'7, .tzigil,, 1,-.,--' ; :: i*,,, "+"1"""o ,4,I- Fr Irmr ip•Itt ir-,......4....m . „. Traffic Congestion Mitigation US 1 &OsIoRd Traffic congestion during a train event Through vehicle blocks Right turning vehicle US 1 &OsIoRd Observed traffic congestion After an FEC Train Event ' ' , M - fc 12 With the additional track, there is concern with a second train event with vehicles queued on the track. Traffic Congestion Mitigation US 1 &Aviation Blvd ,_ -7 t4: � E J Southbound right turn blocks through traffic lane on US 1 resulting in traffic queues. Southbound US 1 is reduced to only 1 through lane during a train event. r Observed traffic queues on Aviation Blvd after an FEC train event. It can take over 10 minutes after a train event to clear the queue. 13 • Aviatim @ Mtn Due to delays, traffic diverts resulting in congestion near County Buildings Railroad Preemption of Traffic Signals The purpose of railroad preemption: 1. Clear vehicles that may be stopped on the track prior to train arrival 2. Prohibit movements toward the track during a train event *Indian River County will maintain 19 traffic signals that will be interconnected with the railroad crossing warning system (Railroad Preemption) 14 Railroad Preemption -- Oslo Road Example: Stopped on the Tracks 15 Additional Design Elements Short Distance between track and stop sign Left turning traffic queues blocking tracks Education and enforcement CO Short distance between track and stop sign 65t" St / S Winter Beach Rd n !r '65TH,ST•1 465Ti-ISSi _ • T„`• Truck Route. Short Storage Distance Recycle center on 65th St. Large Trucks and Trailers. •.4� ,4,' y; cf Left Turning Traffic Queues Blocking Tracks Second Train Event Left turning vehicle — Unable to turn left due to traffic queues from first train event 20 Second train event shortly after first train. Warning system activated, Gates lowered - vehicle stopped on the track Second Train Event Left turning vehicle — Unable to turn left due to traffic queues from first train event Second train event shortly after first train. Warning system activated, Gates lowered - vehicle stopped on the track Education and Enforcement , ABOUT EVERY THREE HOURS A PERSON OR VEHICLE IS HIT BY A TRAIN, Providing education and enforcement improves safety for both pedestrians and drivers at crossings 22 Questions? a? ''-23: INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM Departmental TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Kendra L. Cope, M.S., Coastal Resources Coordinator FROM: Quintin D. Bergman, M.S., Environmental Specialist SUBJECT: UPDATE — Sea Turtle Nesting Season of 2019 DATE: June 7, 2019 REQUEST It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on June 18, 2019. This is an announcement to inform the residents of Indian River County (IRC) about the success of the sea turtle nesting season to date, and when to expect Public Turtle Digs. Additional information relative to the County's sea turtle Habitat Conservation Plan and annual nesting information can be found on the County website www.ircgov.com/coastal and on the County Coastal Division Facebook page: @IRCcoastal. DESCRIPTION AND CONDITIONS Background Information - Indian River County is home to three species of nesting sea turtles (Leatherback, Loggerhead, and Green). Sea turtles are Tong -lived species and take up to 20-25 years to become mature adults and can live up to 100 years or more. Long-term monitoring is vital to the understanding of their populations and human impacts. In 2004, the County implemented a Habitat Conservation Plan (HCP) in order to establish a framework for sea turtle conservation. Goals are achieved through daily nesting surveys and beach monitoring, implementing programs to reduce human and predator impacts, and local community education and involvement. Nest Monitoring - 2019 started the 15th year of county -wide monitoring since the HCP was implemented. Data collected over these years not only informs County staff of annual nesting numbers but can be used to identify long-term and emerging trends. Annually, sea turtle nesting season in IRC occurs between March 1St and October 31St. This year, the County received its first loggerhead nests on April 20th followed by a leatherback nest on April 21st and the first green on May 17th, respectively. The 2019 sea turtle nesting activity as of 06/07/19: 2,005 Loggerhead nests 94 Green nests 22 Leatherback nests 247 Page 2 BCC Agenda Item for June 18, 2019 UPDATE - Sea Turtle Nesting Season of 2019 Local Conservation Efforts - The County and Municipality lighting ordinances also begin March 1st and end October 31st in order to prevent adult and hatchling disorientation. In summary these ordinances direct home and business owners to either turn off their lights or make sure they are not visible from anywhere on the beach after 9pm. Multiple lighting surveys are conducted throughout the nesting season along all beaches in the County. As guided under the HCP, County staff not only act as a resource for surveys in unincorporated areas, but work cooperatively with municipal partners to identify and resolve lighting problems. Staff also responds to sick, injured and dead sea turtles, as requested by FWC, and encourages members of the community to help report stranded turtles by calling 1-888-404-3922. Data collected from these turtle strandings help inform local and state mangers about human and predator impacts. Community Involvement - Community members can be involved in local conservation efforts by attending permitted educational programs in the area. • Turtle Walks = night-time educational guided tours to view a nesting loggerhead, are led by many organizations in the area. FWC's website http://myfwc.com/education/wildlife/sea-turtle/where-to-view/#watch identifies all of the guided walk locations. Sign-ups begin in May and Turtle Walks are led during June and July. • Turtle Digs - offer the public an opportunity to witness how sea turtle reproductive success is evaluated for County turtle nests. These events occur sporadically in July and August, in partnership with Coastal Connections, Inc., at the Sexton Plaza beach access. Event dates can be found on the coastal Facebook page (@IRCcoastal), and the Coastal Connections website, following a hatching event. These events are special to IRC, as they are free and Vero Beach is one of the only locations in Florida to host these permitted activities. • On occasion some live strandings that are sent to rehab centers recover their health and are returned to the wild. These opportunities to view a live sea turtle release are also very sporadic and will be announced just as Turtle Digs through the coastal division Facebook page and Coastal Connections website. All of these programs are possible because of many dedicated volunteers who collectively contribute more than 1,200 hours a summer. RECOMMENDATION The recommendation of staff is to include the 2019 Sea Turtle Nesting Season Update presentation on the Government TV channel. APPROVED AGENDA ITEM FOR: June 18, 2019 248 Leatherback • Largest sea turtle in the world • Least common visitor to IRC beaches • Generally nests April to July um•er o Nest 100 90 80 70 60 50 40 30 20 10 0 2010 Record: 87 Total Avg: 51 5 -Year Avg: 44 46 L) tip N co m o - N rn ct kb N CO o o 0 0 0 r, r -i r r -I o 0 0 0 0 0 0 0 0 0 0 0 • 0 0 N N N NI N N N N N N N N N N Year As of May 30th there are 22 nests in IRC Green • Consumes sea grass • Fairly common visitor to IRC beaches • Cyclical nesting pattern • Generally nests June to October 3,000 2,500 2,000 cu Z 1,500 0 cu o 1,000 z 500 2017 Record: 2,634 Total Avg: 839 5 -year Avg: 1,030 235 to lD N 00 Crl 0 r --I N rn • tll lD N 00 -1 r-1 - e -i e --I rl 0 0 0 0 0 0 .- 0 0 0. 0 0 0 0 0 N N N N N N N N N N N N N N Year As of May 30th there are 94 nests in IRC Loggerhead • Most common visitor to IRC beaches • Generally nests April to September • Marking every 20th nest 8,000 7,000 6,000 5,000 z 4,000 4- 0 a- 3,000 sa E 2, 000 1,000 0 2016 Record: 7,197 Total Avg: 4,779 5 -year Avg: 5,712 5,734 Ln O r 00 C 0 N m N 00 0 0 0 0 0 r % ,-� 0 0 0 0 0 0 0 0 0 0 0 ▪ 0 0 0 N N N N N N N N N N N N N N Year As of May 30th there are 2,005 Tests in IRC �nS Go on a Turtle Walk • Watch a turtle deposit a nest during the night • Many non -profits host these events, with a donation • Educational presentation Dates: June and July Sign-up started in May FWC Website: Where to view sea turtles ott eiwgr Navnrro Beech See Turtle Center m 0011.40,0_07 Gultaaltrrll Marine Adventure Park saastCylle tare Gulf 'World Marine Park 202109_404171 Gulf Specimen Marine Laboratory 330237, 4+9!77 Marine Science Centon_ at Lighthouse Point PlrkL S00W 40 0I C0nnlieral, Natlonal,Seeshoro. Tani*e Sen Turtle, Preservation Society luceu,v Archie Car elwR Vre Pram Sebastian Intel,SP•S• Bo filet Ii Eco Center: ;tam arsine Disney Beath Resort' at Vero Beach Florida Power d !Aunt 27:7903.402442 Environmentol, Studies Canter JMrrniDergn• FL Oceanppprephlc •Society 27274.49mM Hobe, Sound Nature Center, Lepn�erhead Marinelli* Cantor leattl 40 CMS John .e00 MacArthur: �c242,.h 5P Gumbo Limbo Mature Conten 2e 2615.4O0407 Museum of Dideovertv a SOionce 'Sind.4ota1. M l.Il-Eula Johnson SP As Mt, 417107 ova • Carpenter House 231:407.-e7Sla2 Coy 0' or 1r►rlce ' Sea Turtles In captivitylrohabllltatlon A Sea Turtle Watches Marinelane Dolphin Adventure 7b+117,eleS10 SooWorld 2441r7.41 ossa O uney's Epcat Conte 2SaitSe1Lliee Steward Zoo 2112371 40 7177 Ctebrwater Warine Aquarium 27,4944.4201W The Florida Aquarium 27 6447.47 4412 Mote Marine ^Laboratory & Aquarium 27,3131,435r76 Clink dor the i ',Rohab�Gttion f W1 ildlite* . Tont? Timo. Inc."' rotators Tho Conservancy of ,Soathweft Florrde 7C 1dO3,41,7Ce9 The/dor et the Sen 2rerla,41 CCTV 176-dlui1to hospital 24 0,41 1013 dd.dilp Wr4t A qua rium talee1.idired0 41 Miam-Seanuerium 21234%40110 abaft Ftul add 9n0ldile Cureenra0on Comm1st00 a _ d.", a puede wo:d .0a.e r tatd4*7SP1+ Pdi.domdm 00023 ayrrlcr. here can I see sea turtle? A Pryred Senn • Occasiona U presentation and FREE to the pub • Educationa How do I learn about these County opportunities? • Follow and like our Facebook Page! • Share updates about turtles and other Coastal programs. N - O. G) O c 03 V 0 2 N C 4--+ 0 V LL S 4-+ 0 Ln N 4-1 0 -3 a -CD L_ 0 Cl. ce . U u stoe (N MI 0 0 cc El rtis a) vi v) 4--) a) V _C Mt a --i Q O E-0 > (0 4 (0.1— Ol a) a1 _c c 4-) > O vi -0 V -C N C -C (I) .1-J ro L) c 4-) 0 ro 17 O O .0 -cs.— .C3' (0 _ O L) 0 - a) _a +J (n — cn C CU O C5, MI C vl ra Q I L . . a_ Q . . Indian River County, Florida Department of Utility Services Board Memorandum Date: May 20, 2019 To: Jason E. Brown, County Administrator From: Terry Southard, Operations Manager Thru: Vincent Burke, Director of Utility Services Jennifer Hyde, Purchasing Manager Subject: Request Renewal of Bid 2018065 - Annual Bid for Sanitary Sewer Service Background/Analysis: On July 17, 2018, the Indian River County Board of County Commissioners (BCC) approved Bid #2018065 for the Annual bid for Sanitary Sewer Services. This annual bid was for firm fixed pricing in regard to services preventing sanitary sewer overflows due to power interruptions that are common after emergencies, such as hurricanes or other weather-related events. Although the original term of the bid was only for one year, it contained the option of up to two additional one-year renewals subject to vendor acceptance, satisfactory performance and the determination that renewal is in the best interest of the County. The following six vendors met the specifications of the bid: • Meeks Plumbing, Inc • Reliable Septic & Services • Hinterland Group, Inc • Envirowaste Services Group, Inc • Shenandoah General Construction Co. • Vacvision Enviromental LLC Each company was contacted and agreed to hold the bid pricing for renewal. Funding: Funds for emergency repairs after a hurricane are allocated after expenses have been incurred and are not currently available in department accounts. Expenses for sanitary sewer services following Hurricane Irma were: 262 Vendor Billing Method Total Bill Reliable Septic & Services Per gallon hauled ($0.15) $24,345 Meeks Plumbing Inc Per gallon hauled ($0.15) $12,450 Southeast Service Hourly ($185) $ 2,127 Recommendation: Staff has determined that it is in the best interest of the County to seek renewal of the bid for one additional year. Therefore, they are requesting that the Board of County Commissioners approve the First Extension to the Sanitary Sewer Services Agreements and authorize the Chairman to execute them after the County Attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. Attachment(s): First Extension to Sanitary Sewer Services Agreements 263 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND MEEKS PLUMBING, INC. ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and Meeks Plumbing, Inc., ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 264 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. MEEKS PLUMBING, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: (Corporate Seal) By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 265 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RELIABLE SEPTIC & SERVICES ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and Reliable Septic & Services, ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 266 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. RELIABLE SEPTIC & SERVICES INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: (Corporate Seal) By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 267 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND HINTERLAND GROUP, INC. ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and Hinterland Group, Inc., ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F. S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 268 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. HINTERLAND GROUP, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: (Corporate Seal) By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 269 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND ENVIROWASTE SERVICES GROUP, INC. ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and Envirowaste Services Group, Inc., ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 270 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. ENVIROWASTE SERVICES INDIAN RIVER COUNTY, FLORIDA GROUP, INC. BOARD OF COUNTY COMMISSIONERS By: By: Printed Name: Title: (Corporate Seal) Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 271 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND SHENANDOAH GENERAL CONSTRUCTION COMPANY ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and Shenandoah General Construction Company, ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 272 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. SHENANDOAH GENERAL INDIAN RIVER COUNTY, FLORIDA CONSTRUCTION COMPANY BOARD OF COUNTY COMMISSIONERS By: By: Printed Name: Title: (Corporate Seal) Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 273 THIS FIRST EXTENSION AND AMENDMENT TO SANITARY SEWER SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND VACVISION ENVIRONMENTAL, LLC ("CONTRACTOR") THIS FIRST EXTENSION AND AMENDMENT to Sanitary Sewer Services Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County") and VacVision Environmental, LLC, ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on July 17, 2018, COUNTY and CONTRACTOR entered into the Sanitary Sewer Services Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on July 17, 2018 and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period July 17, 2019 through July 16, 2020. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Section 1. The Agreement shall be extended to July 16, 2020. Section 2. The following Termination Clause shall be added to the Agreement as Article 11.F: Article 11.F. TERMINATION IN REGARDS TO F. S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County 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. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of 274 Israel as set forth in section 215.4725, Florida Statutes. Section 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension and Amendment this day of , 2019. VACVISION ENVIRONMENTAL, LLC INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: (Corporate Seal) By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 275 Date: To: From: Indian River County, Florida Department of Utility Services Board Memorandum May 31, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Director of Utility Services John M. Boyer, PE, Utility Engineer )2\ 1 Subject: West Wabasso Phase II Sewer Project—Additional Sewer Service to the West Wabasso Community Center Descriptions and Conditions: On January 15, 2019, the Indian River County Board of County Commissioners (BCC) approved the award of the contract for the West Wabasso Phase 11 Sewer Project to CK Contractors and Development in the amount of $1,657,419.24. Analysis: CK Contractors and Development was issued notice to proceed February 18, 2019. During many pre- construction/community meetings held at the West Wabasso Community Center, it was brought to staffs attention about connecting the Community Center, located at 8586 64th Drive, to sewer. Since the subject property is outside the limits of the Phase II project, staff reached out to the St. Johns River Water Management District grant manager to obtain consent. Consent was granted. Staff requested a proposal from the contractor to install approximately 250 linear feet (LF) of 6" gravity sewer lateral with cleanouts, to include the abandonment of the existing septic tank, for a sum amount of $7,388.03. Although the cost of the installation will be paid through grant/County funds, the sewer impact fee and other miscellaneous connection costs will be the responsibility of the West Wabasso Community Center. Funding: The BCC authorized the following funding for the West Wabasso Phase 11 Septic to Sewer Project: Funding Source Funding Approved May 2018 Funding Approved August 2018 Funding Based on Bid - $1.7 million January 2019 SJRWMD $ 825,000.001 $ 825,000.001 $ 561,000.001 IRNEP $ 200,000.00 $ 200,000.00 $ 200,000.00 FDEP $ 0.00 $ 450,000.00 $ 450,000.00 IRC Optional Sales Tax $ 1,475,000.00 $ 1,025,000.00 $ 489,000.00 Subtotal $ 2,500,000.00 $ 2,500,000.00 $ 1,700,000.00 1FY 18-19 SJRWMD Cost -Share Grant. Please note that the SJRWMD Cost -Share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $825,000. 276 Funding for the additional sewer lateral will be paid out of the force account. Funding for the West Wabasso Phase II sewer project is available in the Utilities capital fund account. Capital fund revenues are generated from impact fees. Reimbursement is based on the various grants/allocations noted above. Description Account Number Amount West Wabasso Phase 11 Sewer Project 472-169000-14501' $1,700,000.00 Recommendation: Staff recommends that the Board of County Commissioners authorize staff to issue a work change directive to CK Contractors and Development in the amount of $7,388.03 to install a sewer lateral to the property located at 8586 64th Drive, Sebastian, Florida. 277 " 2.;-"•ji • is: t _ N-4:1-atLeia. , 47- .F611;72 L • - - •"' J )Tie to Existing Lab Install 6" Gra 250 If @ 1.0' 'Install Clean ' It 4 n1-1 f93 Indian River County, Florida Department of Utility Services Board Memorandum Date: June 6, 2019 To: Jason E Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Update Regarding Amnesty, and Refund and. Relinquishment of Reserve ERUs Background: On December 4, 2018, the Indian River County Board of County Commissioners (BCC) voted to approve language for an amendment to Section 201.08(J)(4) of the Indian River County Ordinance Code (Code) to establish a 90 -day amnesty program. On December 18, 2018, a Public Hearing was held, and the BCC approved adoption of an amendment to Code to establish a 90 -day Amnesty Program with respect to service availability charges, which are (i) based on the ownership of one or more ERUs that are reserved for future use but for which there has been no past or present consumption of services, and (ii) are unpaid as of December 18, 2018, such delinquency charges shall be waived if unpaid service availability charges are paid in full at any time between December 18, 2018, and March 18, 2019. Also on December 4, 2018, the BCC voted to approve language for a modification to Section 201.09 of the Code to allow a customer who has a reserve account that is affiliated with an assessment paid in lieu of impact fees affiliated with certain voluntary assessments that were adopted by resolution between 1984 and 1989, and the reserve account is current, to apply to IRCDUS for a refund of the amount of the assessment paid, so long as the property is either undeveloped or located 200 or more feet from an existing water and/or sewer line, whichever is applicable. On December 18, 2018, the BCC voted to approve language for an amendment to Section 201.08 of the Code to allow for release of charges for ERUs reserved for future use in development and delinquency charges. On the same date, they also voted to approve language for an amendment to section 201.09 E of the code to allow for the relinquishment of excessive ERUs reserved for future use if the account for such ERUs is current. On January 8, 2019, a public hearing was held, and the BCC approved of the amendments to code to accommodate the items described above. Analysis: As of May 31, 2019, several customers have taken advantage of one or more of the recently modified sections of Code that were described above. Two customers took advantage of amnesty. One customer did so for four different accounts. Total payments received were $253,146.26, and $329,903.02 in penalties and interest was written off and charged to bad debt expense. 278 To date, two customers relinquished their reserves in exchange for paying 10% of their past due balance. One customer had two different accounts. Total payments received were $467,847.46, and $1,498,159.59 in penalties and interest was written off and charged to bad debt expense. Six hundred and sixty water and six hundred and sixty sewer ERUs were relinquished as part of this process. Five customers relinquished ERUs that they obtained through a voluntary assessment between 1984 and 1989. One customer had four accounts. Thirty-two water and one hundred and nineteen sewer ERUs were relinquished and refunds of $130,950 were issued. Although these activities had a significant impact on expenses for IRCDUS, it is important to note that the accounts receivable balance was reduced by $2,548,044.39, and the water and sewer capacity being reserved by those account holders is now available for new growth in the system. However, that also means that there will be an annual revenue reduction of $84,676.80. Staff has no concerns about the revenue reductionat this time since we are experiencing enough growth to compensate for the loss. There remained six reserve account holders whose past due balances exceeded $14,000 as of May 31, 2019. The total amount outstanding for these six accounts, inclusive of penalties and interest is $720,878.54. A letter reminding the account holders of the July 8, 2019, deadline was sent via certified mail in May. Two of the six account holders had discussions with staff as well. As per Board direction, staff will work with the County Attorney to proceed with foreclosure as per Florida Statute 153.67, on any properties that remain past due after July 8, 2019. Funding: The write-off of bad debt is an expense to the operating fund. Operating funds are generated by water and sewer sales. The refunds for the ERUs that were obtained through a voluntary assessment program were covered by the Capital fund. Capital funds are derived from impact fees and used to fund expansion of the system as a result of growth in the customer base. Account Name Account Number Amount Bad Debt Expense 47126536-036510 $ 1,828,062.61 Water Impact Fees 472034-343650 $ 130,950.00 Recommendation: This item was provided for information only. There is no board action required at this time. Another update will be brought forward after the July 8, 2019, deadline for relinquishment of ERUs. If any accounts remain unpaid after that date, those will be recommended for the foreclosure process. Attachment: Summary of Reserve Account Activity 279 Summary of Reserve Account Activity due to Recent Changes in IRC Code 201.08 and 201.09 Amnesty 2018-19 per IRC Code 201.08 (J)(4) Acct # 073644 092634 092636 092638 092664 Name WCF2 LLC Graves Bros Graves Bros Graves Bros Graves Bros Subtotals Payment $147,613.11 $15,023.32 $76,642.32 $7,683.08 $6,184.43 $253,146.26 Release of Service Availability Charges as per IRC Code 201.08 (N) Acct # 075062 071078 071148 Name Sebastian Ranch LLC FVP Miami Lakes FVP Miami Lakes Subtotals Relinquishment of ERUs as per IRC Code 201.09 (E) Acct # 073644 072858 092634 092636 092638 092664 092560 092422 Name GRBK GHO Central Vero LLC Vero Lago Graves Brothers Graves Brothers Graves Brothers Graves Brothers David Rocker R Max Corp .. Subtotals Totals Payment $185,516.17 $168,592:90 $112,726.45 $466,835.52 Refund if any $0.00 $0.00 $13,500.00 $67,500.00 $6,750.00 $5,400.00 $35,100.00. $2,700.00 $130,950.00 Bad Debt Written off $201,992.14 $18,536.42 $92,037.37 $9,564.74 $7,772.35 $329,903.02 Bad Debt Written off $825,869.53 $403,224.06 $269,066.00 $1,498,159.59 Water ERU's Released NA NA NA NA NA Water ERU's Released 206 272 182 660 Water ERU's Bad Debt Written off Relinquished NA NA NA NA NA NA NA NA 22 10 0 0 0 0 0 0 32 $1,828,062.61 692 Sewer ERU's Released NA NA NA NA NA Sewer ERU's Released 206 272 182 660 Sewer ERU's Relinquished 21 1 10 50 5 4 26 2 119 779 Annual Revenue Reduction NA NA NA NA NA Annual Revenue Reduction $18,428.40 $24,328.80 $16,282.80 $59,040.00 Annual Revenue Reduction $6,241.20 $1,237.20 $1,872.00 $9,360.00 $936.00 $748.80 $4,867.20 $374.40 $25,636.80 $84,676.80. 280 Date: To: From: Indian River County, Florida Department of Utility Services Board Memorandum June 10, 2019 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Director of Utility Services may Subject: Due Diligence and Project Review—West Regional Wastewater Treatment Facility Reclaimed Water Storage, Tetra Tech Amendment No. 1 to Work Order No. 2 Descriptions and Conditions: On March 26, 2019, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 2 to Tetra Tech, Inc., to perform a due diligence study prior to the purchase of undeveloped land located at the southwest corner of 82' Avenue and 4th Street. Indian River County Department of Utility Services (IRCDUS) evaluated purchasing the subject property based on its need to diversify the wastewater effluent disposal portfolio. The treated effluent is currently used for irrigation, discharged to the wetlands for further treatment or discharged to Rapid Infiltration Basins (RIBs). The County is in need of additional treated effluent storage or disposal options consisting of either (or a combination of) a wetland treatment system, RIBs, reservoir storage, above -ground storage tanks, spray fields or Aquifer Storage and Recovery (ASR) wells, especially during wet weather periods. This need is especially critical since the County has been experiencing tremendous growth. IRCDUS has processed an average of 137 new meter installs each month for the past 18 months, and this growth represents additional demand on the wastewater treatment facilities (WWTFs) the county operates. Therefore, as the County embarks on the Septic to Sewer initiative, the need to have a diverse reclaimed water system and storage alternative is ever more imperative. Analysis: The evaluation primarily focused on the following items: • Conduct a qualitative hydro -geologic evaluation of the property and vicinity using both published topographic maps and area observations to characterize the site and area drainage patterns; • Review readilyavailable historical and non -historical information, including topographical maps, aerial photographs, city directories, National Wetland Inventory (NWI) maps, and Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); • Review available environmental documents published by others, by state, federal or Tribal agencies, and/or environmental database records provided by Environmental Data Resources, Inc. (EDR), a regulatory database search contractor; • Conduct interviews with site representatives, County and/or State environmental professionals, and/or other environmental professionals with site specific knowledge to obtain supplemental information regarding the Site; 281 • Contact and/or review records from the County Health Department, Property Appraiser's Office, and Clerk of Courts Office to determine the market value and liens, if any, for the site in relation to the surrounding properties. Decreased market values, and environmental or windfall liens may be indicativeof recognized environmental conditions existing at the site or surrounding properties; • Perform a property and surrounding area reconnaissance to identify obvious indications of present or past activities that have or could have negatively impacted the site; • Prepare a report presenting findings, conclusions, and recommendations. Attachment 1 - Summary Letter. Report, made part of the subject staff report, outlines the findings in detail. Although presence of chemicals of potential concern were found in the Above -Ground Storage Tank (AST) laydown area and the AST containment area located adjacent to 4th Street at the middle of the site, no apparent fatal flaws were encountered that would hinder IRCDUS' ability to use the site as part of the wastewater effluent disposal portfolio. Assuming petroleum contaminants are associated with the former Underground Storage Tanks (USTs) or historic surface releases at the dispenser, and assuming the excavation will not impact the containment area, a total cost of assessment and remediation of the known areas of concern is estimated at $205,000. This cost includes all reasonably assumed assessments, sampling, soil excavation, disposal, and reporting costs. As part of the due diligence study, the consultant prepared conceptual design scenarios of a diked retention area to store effluent. Although the conceptual designs may differ from the final design, these are presented in the summary report as simplified models of potential options to achieve the project goals. If a reservoir is selected for the final design, it would likely include cells within the reservoir. The creation of these cells will reduce the capacity within the footprint, but they will allow for greater control of wave action and provide flexibility for discharge and maintenance of the reservoir. Although, many different options are available to IRCDUS in the utilization of the subject property, the consultant evaluated the following conceptual options. Please note the evaluation is conceptual and therefore, the size and cost are very preliminary and subject to change once a final design has been identified: Option Description Size, Acres Project Cost* 1 Diked reservoir 10 -foot high for 5 MGD storage- No cells 107 $ 6,079,224 1A Diked reservoir with cells for 4 MGD storage 107 $ 7,143,858 2 Diked reservoir 10 -foot high for 6.5 MGD storage- No Cells 159 $ 8,913,008 2A Diked reservoir with cells for 5.5 MGD storage 159 $ 10,550,259 *Includes a 30% contingency In addition to the above costs, the following is a breakdown of other costs: Land Purchase Cost (286 -Acres): Due Diligence Evaluation Cost: Site Remediation Cost: Site AST Closure and Containment Demolition Cost: $ 4,800,400.00 $ 68,440.00 $ 205,000.00 $ 30,000.00 282 Given the size of the property, the opportunities could be available for a combined water storage/Total Maximum Daily Load (TMDL) reduction site associated witha public park. Numerous grant opportunities can be pursued for such an option. Currently a portion of the property is encumbered by a two-year cattle operation lease that will expire on March 15, 2020. Given that the County has no immediate plans for the subject property, and the implementation of any design is well over two years, IRCDUS recommends continuing the cattle operation by re -assigning the current lease agreement to the County. The Assignment of Cattle Lease Agreement is attached as Attachment 2. The Purchase and Sale agreement that was presented to the BCC on March 26, 2019, for consideration and approval was subject to a 90 -day due diligence investigation, which expires on June 24, 2019. Should the BCC authorize to move forward with the purchase today, the closing would happen by July 24, 2019. Funding:. Funds for the due diligence investigation in the amount of $68,440.00 were derived from the Other Professional Services account in the operating fund. Operating fund revenues are generated from water and sewer sales. Utility funds for the land purchase will be derived from the TMDL Storage Project account in the capital fund. Capital funds are generated by impact fees. Furthermore, new growth has created the need for the effluent storage project, and that new growth will benefit from the construction of the facility. On March 26, 2019, the BCC approved funding for the purchase of the subject property to be allocated as follows: Description Account Number Percent Amount Optional Sales tax 31524338-066110-19009 30% $1,440,120.00 Park Impact Fees 10321072-066110-19009 10% $ 480,040.00 TMDL Storage Project 472-169000-19009 60% $2,880,240.00 Total 100% $4,800,400.00 Note that additional investment will be needed to further design and construct the site. Those costs are not known at this time, and the funding required for any future potential project are not part of this agenda item and would be brought back to the BCC for approval at a future date. Recommendation: Staff requests that the Indian River County Board of County Commissioners (BCC) consider the following: 1. Since no apparent fatal flaws were encountered in the due diligence evaluation, staff recommends that the BCC move forward with the purchase and sale agreement. 2. Staff recommends the continuation of the current cattle operation, and therefore requests that the BCC authorize the Chairman to sign the Assignment of the Cattle Lease Agreement. Attachments: 1. Tetra Tech Summary Letter Report 2. Assignment of the Cattle Lease Agreement 283 June 11, 2019 TETRA TECH Arjuna Weragoda, P.E. Indian River County Department of Utility Services 1801 27th Street, Vero Beach 32960-3388 Email: aweragoda(a�ircgov.com Subject: Indian River County for Due Diligence and Project Review Premier Citrus, LLC Property Summary Letter Report Dear Mr. Weragoda: As requested by Indian River County Division of Utility Services (IRCDUS), Tetra Tech, Inc. (Tetra Tech) is pleased to provide this summary to describe the due diligence completed for the proposed purchase of a property located at 200 90th Avenue, 8250 1st Street, and 375 82nd Avenue, Vero Beach, Florida, 32968 (Site). IRCDUS is proposing to use this property for storage and/or disposal of treated wastewater from the West Regional Wastewater Treatment Facility (WRWWTF). This work was performed in accordance with our proposal, dated March 14, 2019. BACKGROUND IRCDUS needs additional storage/disposal options for the WRWWTF, especially during the rainy season when the demand for reuse water is reduced. The WRWWTF is sized for a treatment capacity of 6 million gallons per day (MGD), with it currently receiving and treating just over 2 MGD. Treated effluent from the WRWWTF is either sent out to the Reuse system, discharged to the Wetlands from which it can be further treated and discharged to the surface water, or sent to the Rapid Infiltration Basins (RIBs) for disposal. During the dry times, the permitted 6.97 MGD slow rate reuse system receives much of the flow, relying on the Wetlands with surface water discharge, and RIBs as backups. During the wet weather when the Reuse system is not an option for effluent disposal, the WRWWTF has to rely on the back-up sites for treatment/disposal. With a permitted treatment capacity of 4.0 MGD, the Wetlands further treats the effluent prior to discharge to surface waters. A portion of the capacity of the Wetlands (2.0 MGD) is also permitted as a disposal site for the Utility Department's South Wastewater Treatment Facility (SWWTF), effectively reducing the WRWWTFs disposal ability to discharge to the Wetlands by that volumeused by the SWWTF. As the treated water flows through the Wetlands to the surface water discharge location, the permitted surface water discharge volume of 4.0 MGD is superseded by the requirement that the WRWWTF adhere to the annual Waste Load Allocation (WLA) assigned to the permit. The WLA was assigned during a timeframe when the WRWWTF was operating at a fraction of the permitted capacity and did not consider any growth of the wastewater collection system. The established WLA effectively reduces the volume of water that can be discharged out of the Wetlands down to approximately 0.4 MGD. Wet weather conditions reduce the capacity of the wetlands and reduce or eliminate the demand for discharge via reuse water. Furthermore, WLA significantly reduce the remaining discharge capacity Tetra Tech, Inc. I I Riverside Drive, Suite 204, Cocoa, FL 32922 Tel 321.636.6470 Fax 321.636.6473 www.tetratech.com 284 Arjuna Weragoda, P.E. June 11, 2019 Page 2 throughout the year. The goal of this proposed reclaimed water storage/disposal project will be to provide sufficient capacity to store water during the wet season, supply reuse water in the dry season, and to achieve a zero discharge to the surface water. The county has identified the Site, which is an approximately 286.14 -acre property immediately to the south of the WRWWTF, as a potential site for the treated water storage. The Site is zoned RS -3 and is a former citrus grove. The County contacted Tetra Tech to complete the due diligence required to assess this potential project, zoning and permitting issues associated with project, geotechnical conditions, limitations from Federal Aviation Administration (FAA) or other agencies, and other business and environmental risks associated with the purchase of the proposed parcel. We have reviewed the following permits and data made available to us including: • Florida Domestic Wastewater Facility Permit FL0041637 from April 12, 2016 for the WRWWTF; • Monthly average flow data from January 2012 to December 2018; • Effluent quality data from January 2013 through July 2018. TETRA TECH PREPARED PROJECT REPORTS In order to assist IRCDUS in the due diligence process, evaluate the potential liabilities for the property purchase,and the feasibility for the proposed project, Tetra Tech has completed several assessments and prepared reports under separate cover, as summarized below. Phase I Environmental Site Assessment A Phase I Environmental Site Assessment (ESA) was conducted in accordance with ASTM International (ASTM) Standard Practice E 1527-13 and incorporates the United States Environmental Protection Agency (USEPA) All Appropriate Inquiry (AAI) Rule for evaluation of commercial real estate. This report provides :a summary of available information as of May 31, 2019. The goal of this ESA is to identify whether Recognized Environmental Conditions (RECs) and/or business environmental risks are present on the property. The Phase I ESA concluded the following: • Potential for asbestos -containing material (ACM) due to the original age of the building dating back to 1964: any building materials such as structural steel fireproofing, acoustic finishes, ceiling texture, ceiling tile, suspended ceiling panels, textured and elastomeric paints, window putty, flexible duct connectors, rubbery pipe insulation tape, building wiring insulation, pipe, boiler, and vessel insulation, interior plaster, and duct insulation commonly contained asbestos until the late 1970s. Other types of ACM were commonly used until the middle to late 1980s such as drywall joint, compound, exterior stucco, sheet vinyl flooring, vinyl flooring products, flooring and other mastics (adhesives), roof tiles and coatings, asbestos -cement products and flues. Potential for lead-based paint (LBP) due to the original age of the building dating back to 1964: The federal department of Housing and Urban development estimates that 75% of homes built in the United States prior to 1978 contain LBP. TETRA TECH 285 Arjuna Weragoda, P.E. June 11, 2019 Page 3 • Potential for mold due to water intrusion in the eastern residential building. • The potential for soil and groundwater impacts from current and former petroleum and/or pesticide and herbicide ASTs, former USTs storing petroleum and/or pesticides and herbicides, and application of pesticides and herbicides, are potential RECs for the Site. • Tetra Tech recommends additional investigation for the Site, including investigation of potential ACM, LBP, and mold. Investigation is also recommended for potential for soil and groundwater impact from the storage of petroleum and storage and application of pesticides and herbicides across the Site, which are potential RECs for the Site. Phase II Environmental Site Assessment Based on the Phase I ESA, three areas were identified for further investigation to determine the presence or absence of chemicals of potential environmental concern. These locations include 1) areas where historic citrus production occurred, 2) an above ground storage tank (AST) laydown area, and 3) an AST containment area and former underground storage tank (UST) area. The historic citrus production was broken down into the Grove area, to assess normal application across the site, and wash out areas, to assess best management practices associated with washout and mixing practices on site. The ACM, LBP, and mold assessments were not completed. Soil and groundwater sampling locations and a summary of results exceeding applicable cleanup target levels are provided on Figures 1 and 2. AST Containment Area Soil total recoverable petroleum hydrocarbons (TRPH) concentrations in exceedance of the Leachability Based on Groundwater Soil Cleanup Criteria (SCTL) for TRPH and dieldrin and benzo(a)pyrene total equivalents (BAP TEQ) concentrations in exceedance of the Residential Direct Exposure SCTL are present in the AST Containment Area. No field indications of contaminants were detected in the surface soils, and both SCTL exceedances were detected in the samples from the 2 to 4 feet. Field indications of soil impact were only observed on the north side of the AST containment area in the soils deeper than 2 feet. This location is in the vicinity of the gasoline dispenser and may be indicative of poor management practices during filling equipment on the pervious soil. The depth of the impact may be indicative of a release from the USTs that were located in this vicinity prior to 1989. Groundwater impact in exceedance of the GCTLs was detected in temporary well AST-TMW-04, including ethylbenzene and naphthalene. In an August 1, 2017 letter, The University of Florida presented a Residential Alternative Soil Cleanup Target Level (ASCTL) of 1 mg/kg for BAP TEQs, based on updated toxicity values and exposure assumptions. Detected concentrations of BAP TEQ were less than the 1 mg/kg Residential ASCTL; therefore, remediation of the BAP TEQ contaminated soil may not be required, based on the ASCTL. However, delineation of the soil impact to the most stringent (0.1 mg/kg) SCTL will be required in order to satisfy the requirements established in 62-780, F.A.C. Additional delineation is also required for TRPH in the vicinity of AST -04. Tetra Tech recommends completing soil borings within 10 feet and on all four sides of soil samples AST - 01 and AST -04 and collecting soil samples in each boring at the depth corresponding the highest photoionization detector (PID) reading with analysis for TRPH; polycyclic aromatic hydrocarbons (PAHs); TETRA TECH 286 Arjuna Weragoda, P.E. June 11, 2019 Page 4 and benzene, toluene, ethylbenzene, and xylenes (BTEX). Additional borings are recommended if field screening above 10 parts per million (ppm) is detected in any boring. Once the soil delineation is complete additional recommendations will be required to address the groundwater impact identified in ATS-TMW=04. Tetra Tech also recommends completing one soil boring along each side of the AST containment area. A soil sample will be collected at the 2- to 3- foot and 4- to 5- foot depth interval from each boring. Each sample collected from the 2- to 3- foot interval will be analyzed for dieldrin, and the 4- to 5- foot sample will be held for contingent analysis for dieldrin to vertically delineate any identified impact. Additional borings may be required to complete the delineation. Tank Laydown Area Soil arsenic concentrations in exceedance of the Industrial Direct Exposure SCTL are present in the Tank Laydown Area. The sample was collected from the subsurface composite sample; therefore, the location of the impact is not known. Additional assessment is required to delineate the arsenic impact in this area. Tetra Tech recommends completing three soil boring along the north and south sides and one soil boring on the east and west sides of the Tank Laydown Area. A soil sample will be collected at the 2- to 3- foot and 4- to 5- foot depth interval from each boring. Each sample collected from the 2- to 3- foot interval will be analyzed for arsenic, and the 4- to 5- foot sample will be held for contingent analysis for arsenic to vertically delineate any identified impact. Additional borings may be required to complete the delineation. Grove No contaminants of concern were detected in exceedance of the most stringent SCTL in any surface soil sample collected from the Grove. Tetra Tech recommends no additional assessment in the Grove. Wash Out Areas Soil arsenic concentrations in exceedance of the Residential Direct Exposure SCTL are present in Washout Area 2, located adjacent to the artesian well at the corner of 4th Street and 90th Avenue. The sample was collected from the 1- to 2 -foot depth interval. Additional assessment is required to delineate the arsenic impact in this area. Tetra Tech recommends completing soil borings within 10 feet and on all four sides of soil sample W02 - S -1-2. A soil sample will be collected at the 1- to 2 -foot and 4- to 5 -foot depth interval from each boring. Each sample collected from the 1- to 2 -foot interval will be analyzed for arsenic, and the 4- to 5 -foot sample will be held for contingent analysis for arsenic to vertically delineate any identified impact. Additional borings may be required to complete the delineation. Future Assessment and Remediation Costs Determining exact costs for remediation of contaminated soil and groundwater is difficult without a complete site assessment. The recommended soil and groundwater sampling will be the first step towards completing the site assessment. Assuming petroleum contaminants are associated with the former USTs or historic surface releases at the dispenser, and assuming the excavation will not impact the containment area, a total cost of assessment and remediation of the known areas of concern would be $205,000. This cost includes all reasonably assumed assessment, sampling, soil excavation, TETRA TECH 287 Arjuna Weragoda, P.E. June 11, 2019 Page 5 disposal, and reporting costs. This assessment does not include assessment or remediation of ACM, LBP, or mold, as the initial assessment of these items has not been conducted. This cost also excludes any demolition, tank abandonment, and restoration costs. TETRA TECH 288 Figure 1 — Soil Sample Locations Registered drinking water well (7 5 tr • Arsenic 8.8 mg/kg Exceeds Direct Exposure Residential SCTL • 1 • w. v :1.• • M • Li .11 fe - •t Y. In7 .00th.' r v r ,e k X Soil Sample Locations • Parcels b catio Former UST lon " ` ---- -� t � ' ' � - ---AST hydown area • r 4 �A$T;coMainmen yarincluding ones 6,00�0•g`allon`steel diesel ASTsand one'- (S,000 -gallon steelgasoline ASTM . • r. _ - 'IIALF�fR1 LN - Indian River County Department of Utility Services Premier Citrus, LLC Property Soil Sample Location Map NA0.1133 StieFt Frola_6stF®S 0901 Fact 05 29.2019 M. Rq 0 250 500 1,000 Feet tm TETRA NH Figure 2 — Maintenance Area Soil Sample Locations rT tWaste Oil AST TRPH 353 mg/kg Exceeds Leachability Based on Groundwater SCTL Ethylbenzene Naphthalene 46.5 ug/L 68.9 ug/L Exceeds GCTL Exceeds GCTL Approximate Forme USTI co ation 6 0000-G a I� Diesel AST AST-S101/TMW-04 X . AST -S=02; BAP TEQ 0.51 mg/kg Exceeds Direct Exposure Residential SCTL ASTLaydown Area --n-TO04 TL -S_03' r ( S 1j AST -S-03 8,000 -Gallon Diesel AST Tank Laydown Area Composite Arsenic 15.7 mg/kg Exceeds Direct Exposure Industrial SCTL !OW • !fi X Soil Sample Location X Soil and Groundwater Sample Location Parcels Indian River County Department of Utility Services Premier Citrus, LLC Property Maintenance Area Soil Sample Location Map NAD_1983 StatoFlare_Fbndo_East_FIPS 0901foot 05.192919 M, Piz 25 50 100 Feet 0 TETRAI66H Arjuna Weragoda, P.E. June 11, 2019 Page 8 A Desktop Ecological Assessment was completed, including review of surface waters and wetlands and threatened and endangered species for the study area. The report identified wetland and surface water areas on the Site. The presence of these features will require delineation and concurrence from regulators prior to development. Permits would be required for any impacts to these areas. Buffers may be established to limit the impacts to the features: • For the state, the pond and wetland in southeast corner will require 15 foot minimum and 25 -foot average buffer around what is to remain in post -development, to avoid secondary impacts. • . IRC land development code states that an upland buffer remaining around wetlands must comprise a minimum of ten square feet for each linear foot of wetland habitat that lies adjacent to uplands. Additionally, the upland edge buffer shall be located such that no less than fifty percent of the total shoreline is buffered by a minimum width of ten feet of upland habitat. Under county code, the wetland in southeast corner would need to meet this buffer; however, the code does not apply buffers to ditches, ponds, etc. • Regarding ditch/canal surface water directly north of the site, this appears to be approximately 30 feet from the project boundary; therefore, any buffer requirements of state and county are satisfied. The potential for multiple threatened and endangered species exists on the property. A biological field survey should be completed to confirm the presence or absence of these species to identify potential development constraints. Preliminary Subsurface Soil Exploration A Preliminary Subsurface Soil Exploration report was provided for the Site by Ardaman and Associates, a Tetra Tech Company. A total of eight standard penetration test (SPT) borings were advanced to a depth of 60 feetbelow land surface (bls). Soil samples were collected to visually classify in accordance with the United Soil Classification System and perform laboratory analysis for percent fines content, natural moisture content and organic content. Typically, the soils encountered in the SPT borings consisted of very loose to medium dense fine sand (Unified Soil Classification SP), fine sand with silt (SP -SM), fine sand with clay (SP -SC), and clayey fine sand (SC) to a depth of 20 feet belowthe existing ground surface. These soils were followed by medium dense to very dense fine sand (SP), fine sand with silt (SP - SM), fine sand with clay (SP -SC) and clayey fine sand (SC) with varying amounts of shell and cemented sand to the boring termination depth of 60 feet below the existing ground surface. The soil profile for boring B-2 was anomalous from the other borings, with organic silt (67% and 55% organic contents with 324% and 251% moisture contents) encountered at approximate depths ranging from 33.5 to 60 feet. This soil condition needs to be further explored and evaluated and considered for suitability of impoundment berm support. Groundwater was encountered at 5 to 6 feet below ground surface. Wells were installed in six of the borings for in-situ permeability (slug) testing. The results of the slug testing are provided in Table 1. TETRA TECH 291 Arjuna Weragoda, P.E. June 11,2019 Page 9 Boring Well Depth (feet bls) Screened Interval. (feet bls) Static Water Level (feet bls) Hydraulic Conductivity, Kh (feet/day) Soil Description B-1 12 7 to 12 3.9 1.25 Fine sand to fine sand with silt B-2 11 6 to 11 3.0 1.17 Clayey fine sand B-4 15 10 to 15 4.8 0.04 Clayey fine sand with some shell and cemented sand B-6 20 15 to 20 2.9 4.52 Fine sand with clay and cemented sand B-7 10 5 to 10 3.1 0.09 Fine sand with silt/clay B-8 13 8 to 13 4.3 0.13 Fine sand Based on review of a conceptual design of the site the crest of the impoundment berm will be approximately 12 feet wide at Elevation 30 feet NAVD, with interior and exterior side slopes at 3 horizontal to 1 vertical (3H:1V). The maximum height of the berm is anticipated to be around 10 feet above adjacent grades. The perimeter berm will be constructed by excavating sandy soils with varying amounts of silts and clays from areas within the impoundment and placing the embankment fill in compacted lifts along the berm alignment. The excavation areas for berm embankment fill should be located a minimum distance of 100 feet from the inside toe of the perimeter berm. The soil borings generally encountered varying layers of relatively permeable fine sands with varying amounts of silty and clayey soils to less permeable clayey soils and organic silt. Some of the sandier soils if used for berm embankment will allow seepage through the berm unless thoroughly mixed with low permeability soils or a seepage barrier or liner is incorporated in the design. OTHER LIMITATIONS AND CONSIDERATIONS Zoning — The Site is zoned as District RS -3. In accordance with Indian River County Code of Ordinances, Title IX Chapter 911.07(4), limited public and private utilities and public and private utilities heavy have a special use exemption in RS -3 Districts. Flood plain review — Review of the flood plain map provided by EDR shows the majority of the southern Site boundary, the western half of the northern Site boundary, and the area around the pond in the southern portion of the Site to be located in the 100 -year flood plain. The Flood Plain Map is provided in the EDR NEPA Check Report, provided as Attachment A. Sublateral D3 - The canal known as Sublateral D3 runs north to south through the center of the 375 82nd Avenue parcel. This canal is specifically excluded from the subject property and is owned by the Indian River Farms Water Control District. A 30 -foot buffer is required from this feature for development. However, according to the Indian River Farms Water Control District, the section of Sublateral D3 within the Site is disconnected from the rest of the Indian River Farms Water Control District to the south. The TETRA TECH 292 Arjuna Weragoda, P.E. June 11, 2019 Page 10 Aerodrome FL 74 and FAA requirements — There is no avigation easement recorded or in any other way provided to Tetra Tech for the Site. A notice was filed in the County Record on December 5, 1989, to notify surrounding property owners of the overflight of their lands. In 2007, a letter from an IRC Senior Planner required an avigation easement to be established as a condition of approval for a planned development on the Site, but no avigation easement was filed. The Aerodrome runway is less than 3,200 feet in length (2,600 feet); therefore, in accordance with Title 14 of the Code of Federal Regulations, Section 77.9, The FAA requires notification if construction or alteration more than 200 feet above ground level or encroaches a plane outward 50 feet and upward 1 foot within 10,000 feet from the nearest point of the nearest landing and takeoff area. Additional information and a copy of the documents mentioned above are provided in the Phase I ESA. CONCEPTUAL DESIGN In order to address the storage and disposal limitationscurrently in place at the WRWWTF, Tetra Tech has prepared a conceptual design of a diked retention area on the eastern half of the property. The WRWWTF is sized for a treatment capacity of 6 MGD. The total WRWWTF effluent is currently operating at approximately 2 MGD. Reuse or disposal at the plant includes a wetland permitted for a total of 4 MGD discharge to surface water and land application; of that 4 MGD, up to 2.0 MGD of capacity can be taken up by the SWWTF. However, only approximately 0.4 MGD can be discharged to the drainage ditch without exceeding the total maximum daily load allocations for the surface water discharge to the Lateral D Canal. The plant is also permitted for an additional 0.1 MGD of land application via rapid infiltration basins, plus an additional 6.97 MGD of land application through a slow rate reuse system and rapid infiltration basins. Permitted and average discharge rates are provided in Table 2. The goal of the proposed reclaimed water storage will be to provide sufficient capacity to store water during the wet season, supply reuse water in the dry season, and achieve a zero discharge to the relief canal. TETRA TECH 293 Arjuna Weragoda, P.E. June 11,2019 Page 11 TABLE 2 PERMITTED AND AVERAGE DISCHARGES DATA PROVIDED BY IRCDUS Location Permitted Discharge g MGD Average Discharge 1/2012- 12/2018 MGD Notes Surface Water D-001 4.00* 0.31 Discharge from wetlands R-001 limited by Phosphorus TMDL allocation to approximately 0.4 MGD. Land Application R- 001 4.00* 1.16 The wetlands (R-001) can receive a maximum of 4 MGD total, of that, up to 2 MGD can be used for the SWWTF disposal. Land Application R- 002 6.97 1.05 Permit includes: 6.57 slow rate reuse distribution and 0.4 MGD RIBS Land Application R- 003 0.10 0.04 Permit includes 3 RIBs Total 11.07 2.56 N/A Notes: Permitted discharge for R-001 includes up to 2 MGD from the SWWTF Average discharge noted above includes 0.052 MGD from the SWWTF * - A total discharge of 4.00 MGD can be distributed to the wetlands system Based on the above reports, Tetra Tech has created a conceptual design with buffers 30 feet from the canal, 25 feet from ponds and wetlands, and 15 feet from any property boundary. While purchase, filling, and development across the Sublateral D3 Canal is possible, the conceptual design provided a conservative assumption that the Sublateral D3 Canal will remain in place. The conceptual design includes a reservoir with an earthen berm 10 feet in height, with side slopes 3 feet horizontally to 1 foot vertically (3H:1V) and top crest width of 12 feet. The conceptual design may differ from the final design and is presented as a simplified model of one potential option to achieve the project goals. If a reservoir is selected for the final design, it would likely include cells within the reservoir. The creation of these cells will reduce the capacity within the footprint, but they will allow for greater control of wave action and provide flexibility for discharge and maintenance of the reservoir. The berm slopes may be increased to 4:1 for ease of mowing, less maintenance, increased stability and decreased seepage. The crest width may be increased to increase stability, decrease seepage, and provide easier access for maintenance. The conceptual reservoir covers an area approximately 107 acres. Based on a 3 -foot freeboard in the reservoir, the reservoir capacity when loaded with 7.0 feet of water will store 28,455,111 feet3 or 212.8 million gallons (MG) of water. The downstream (outside) slope and crest of the berm will be stabilized with grass and the upstream (inside) slope will be stabilized with a turf reinforcement mat. Fill from within the reservoir bottom will be used to build the berms, where possible. Additional fill will be brought from an outside source to create the earthen berm. Soils from excavations that may be necessary to remediate soil contamination described in the Phase II ESA may also be used in the creation of the berms, if proper TETRA TECH 294 Arjuna Weragoda, P.E. June 11,:2019 Page 12 Simplified Water Balance A simple water balance model was prepared to evaluate the Indian River County reservoir project. First the model was constructed to estimate an average hydrograph for the subject project using normal rainfall and temperature data. Aquifer recharge was simulated using 30 -year normal rainfall data (NOAA 1971- 2000) for. the Vero Beach Municipal Airport located about 5.5 miles east-northeast of the site. The normal precipitation for this NOAA station is 51.93 inches/year. Normal temperature data from the same NOAA station was used to estimate the evapotranspiration (ET) rate using the Thornthwaite method. The calculated potential annual ET rate for the model area was 49.51 inches/year. The evapotranspiration rate in the water balance model had an applied ET extinction depth of 13 feet where the ET rate is essentially 0% at this depth and it increases evenly from that depth to 100% of the calculated rate at land surface. Table 3 shows the distribution of precipitation and the Thornthwaite potential evapotranspiration rate throughout a normal year. A synthetic hydrograph was produced using the normal precipitation, calculated ET, an assumed 20% porosity for the surficial aquifer, and an estimated drainage factor 0.38 feet/week to account for vertical and horizontal flow from the site. The starting water table was set at 2.5 feet below land surface (bis). The water table fluctuated throughout the year between 1.38 and 4.32 feet bls, and it averaged 2.91 feet bls. Figure 3 shows the synthetic hydrograph produced. TETRA TECH 295 0.0 -0.5 -1.0 -1.5 -0 -2.0 Arjuna Weragoda, P.E. June 11,:2019 Page 13 w -2.5 0 m -3.0 0 -3.5 -4.0. -4.5 -5.0. 0) 0 0 0 0 0 0 0 0 0 g o o Date 0 0 0 0 Figure 3. Synthetic Hydrograph for Indian River County Reservoir Project Next a loading water balance model was constructed to simulate the loading of the reservoir at the proposed rate of 5.0 MGD. The precipitation and evapotranspiration rates for the previous model were also used in this loading model. The standard penetration test boring locations surrounding the proposed reservoir (B-4, B-6, B-7, and B-8) where slug tests were performed were used to estimate the hydraulic conductivity of the surficial aquifer in the area. The average horizontal hydraulic conductivity (Kh) is 1.2 feet/day, and the geometric mean for the same set of test results is 0.21 feet/day. To be conservative the geometric mean Kh was used in the model. The mean static water level in the same borings was 3.78 feet bls with an estimated average water elevation of 19.98 feet National Geodetic Vertical Datum (NGVD). The proposed reservoir has a bottom elevation of 20 feet NGVD with an area of 3,972,345 feet2 (91.19 acres). The reservoir will have 10 -foot high berms with 3 feet of free board. At the elevation of 27 feet NGVD, the reservoir area is 4,158,139 feet2 (95.46 acres). When loaded with 7.0 feet of water, the total storage of the reservoir is 28,455,111 feet3 (212.8 MG). Without precipitation and evapotranspiration taken into account or horizontal and vertical groundwater flow away from the reservoir, the reservoir has a capacity to hold 42.6 days of plant flow at 5.0 MGD. The loading model started with the water table at the bottom of the reservoir (20.0 feet NGVD). The model was run with weekly time steps similar to the simple water balance model. Precipitation was added to the water table elevation and the evapotranspiration rate was subtracted from that elevation. Next the TETRA TECH 296 Arjuna Weragoda, P.E. June 11, 2019 Page 14 reclaimed water was added to storage for that week and the change in elevation was calculated to estimate the groundwater flow out from the reservoir using the Darcy equation. The hydraulic gradient was assumed to be the difference of the head above the 20 -foot elevation over a 200 -foot horizontal distance. As the reservoir level rose, the gradient and the groundwater flow increased. Results from the loading water balance model are presented in Figure 4. The reservoir is loaded at the 5 MGD loading rate to the 27 -foot elevation allowing for the maintenance of the 3 -foot freeboard in approximately 100 days. For comparison, the loading water balance model was also run with a 4 MGD loading rate as presented in Figure 4, and the results show that the reservoir appears to maintain water levels below the 3 -foot freeboard for the entire year. As the design phase continues for the reservoir project, a detailed 3-dimensional groundwater flow model such as MODFLOW should be constructed to better address the loading of the site and the movement of stored water from the reservoir. Additional borings should also be constructed within the proposed reservoir area, and more slug tests and aquifer performance tests should be performed to collect necessary hydrogeologic parameters for the groundwater flow model. TETRA TECH 297 Arjuna Weragoda, P.E. June 11,2019 Page 15 TABLE 3 DISTRIBUTION OF PRECIPITATION AND THORNTHWAITE POTENTIAL EVAPOTRANSPIRATION RATES CLIMATE DATA FROM VERO BEACH REGIONAL AIRPORT NOAA STATION (1971-2000) Month Precipitation (inches) Precipitation (feet) Daily Average Temp (°F) Daily Average Temp (°C) Heat Index IM Unadjusted Potential ET Month (inches) 30 Degree Latitude Daylight Factor Adjusted Potential ET Month (inches) Adjusted Potential ET Day (feet) January 2.89 0.24083. 63.00 17.22 6.50 1.66 0.90 1.50 0.00402 February 2.45 0.20417 63.90 17.72 6.79 1.80 0.87 1.56 0.00465 March 4.20 0.35000 67.70 19.83 8.05 2.44 1.03 2.52 0.00677 April 2.88 0.24000 71.50 21.94 9.39 3.22 1.08 3.48 0.00967 May 3.80 0.31667 76.20 24.56 11.13 4.38 1.18 5.17 0.01391 June 6.03 0.50250. 80.40 26.89 12.77 5.62 1.17 6.58 0.01826 July 6.53 0.54417 81.70 27.61 13.29 6.04 1.20 7.25 0.01949 August 6.04 0.50333 81.60 27.56 13.25 6.01 1.14 6.85 0.01842 September 6.84 0.57000 80.70 27.06 12.89 5.72 1.03 5.89. 0.01635 October 5.04 0.42000 76.40 24.67 11.21 4.44 0.98 4.35 0.01169 November 3.04 0.25333 70.50 21.39 9.03 3.01 0.89 2.67 0.00743 December 2.19 0.18250 64.70 18.17 7.05 1.92 0.88 1.69 0.00455 Annual (inches) 51.93 Daily (feet) 0.01186 TETRA TECH Annual (inches) 49.51 Daily (feet) 0.01130 298 30.0 29.0 28.0 Arjuna Weragoda, P.E. June 11, 2019 Page 16 27.0 O 226.0 m 25.0 a� w a) 24.0 rn t 23.0 22.0 21.0 20.0 0, vlaximum Reservoir Storage Height t5 MGD T4 MGD 0, 0, CD 0, 0, CD CO 0) 0, 0) O O LO O O O Date o � Q OD O� O O O 0 0 Figure 4. Loading Water Balance Model Hydrograph at 5 MGD and 4 MGD for Indian River County Reservoir Project. Permits Required An Environmental Resource Permit (ERP) and US Army Corp of Engineers (USACE) Section 404 permit would be required to address the environmental and stormwater related issues. The ERP will require a full review of site conditions for wetland determination/delineation and listed species. The Desktop Ecological Assessment has provided a summary of the ecological issues anticipated for the Site. An EDR NEPA Check Report is also provided as Attachment A. No historical sites were identified in the NEPA Check Report. The site may discharge stormwater into the Indian River County Water Control District structures, which will require a separate permit. Indian River Farms Water Control District Permits are required for all new developments with a stormwater discharge limitation of 2 inches per 24 hours for a 25 -year storm event. Drainage calculations and two (2) sets of signed and sealed plans must be submitted with the permit applications. All culverts or utilities that cross over/under District right-of-way must be permitted through the District office. Any other structures (gates, signs, pumps, etc.) must also be permitted by the District. No flap gates are allowed on outfall discharge pipes or structures. The District does not own or supply any culverts in or across its right-of-way. TETRA TECH 299 Arjuna Weragoda, P.E. June 11, 2019 Page 17 A FDEP Permit to Discharge Process Wastewater from Domestic Wastewater Facilities will be required to discharge reclaimed water to the reservoir or other structure. In order tofully understand the needs of the plant, the storage and disposal requirements, and to comply with permitting requirements to discharge reclaimed water a water balance should be completed for the treatment process at the WRWWTF. This water balance should show the flow through the facility and operations contributing wastewater to the effluent. The water balance should also showaverage daily flows at intake and discharge points. Further, the balance will need to reflect seasonal variations in effluent production as well as variations in reclaimed water needs. Pursuant to FAC Chapter 62-610 a water balance for the "wettest year in 10" must be used to estimate the permitted effluent disposal capacity. Form 62-620.910(1) and Wastewater Application Form 2A, Permit for Domestic Wastewater Facilities will be required. A total of 7 wells are present on the Site, installed to 250 feet deep, with consumptive use permits. One well is located on the site, drilled to 75 feet deep, and has a consumptive use permit. There is also a consumptive use permit for withdraw from the canal at the southern end of the Site. These permits will require a transfer of ownership upon purchase of the Site. In addition to the on -Site wells, at least 13 off site surface withdraws and two wells (250 feet and 300 feet deep) with consumptive use permits have been identified within one mile of the Site. In addition, domestic supply wells are located within 500 feet. of the Site. Domestic supply wells in the area are typically approximately 75 feet deep. The groundwater flow model for final construction and permitting should account for potential water quality impacts to these wells. Permitting timeframes for ERP, USACE Section 404, and FDEP Wastewater permits may require 12-18 months, including site investigations, design preparation, application submittals, reviews by the regulatory agencies, public hearings, and responses to agency requests for additional information. This estimate on timeframe assumes no public opposition. Note, a variety of other circumstances may affect permitting timeframes. Note, these determinations were made by review of publicly available information. Land use, permitting, and publicly available information is subject to change, and formal determinations for land use and compliance would need to be discussed with state and local officials in pre -application meetings. Cost The total estimated cost for the conceptual reservoir is provided in Table 4. A detailed breakdown of costs is provided in Attachment C. TETRA TECH 300 Arjuna Weragoda, P.E. June 11, 2019 Page 18 Component Opt. 1 Opt. 1A Opt.2 Opt. 2A Engineering, Design, and Construction Oversight $467,988 $497,338 $584,985 $629,010 Construction $4,208,338 $5,243,622 $6,271,175 $7,864,401 Total Cost Estimate for 3:1 slope with 12' peak width on berm $4,676,326 $5,740,960 $6,856,160 $8,493,411 Total Cost Estimate for 4:1 slope with 15' peak width on berm $6,079,224 $7,143,858 $8,913,008 $10,550,259 Notes: Opt. 1 — 107 -acre reservoir with no internal cells Opt. 1A — 107 -acre reservoir with 6 internal cells Opt.2 — 159 -acre reservoir with no internal cells Opt. 2A — 159 -acre reservoir with 8 internal cells The above costs are for improvements on the subject Site only, and do not include mechanical improvements and transmission to or from the WRWWTF. The estimates presented in Table 4 are general order of magnitude costs, without detailed engineering data and subsequently have wide accuracy ranges. This level of cost estimating is intended for project screening and concept evaluation. It is assumed that a detailed design analysis and subsequent value engineering will occur during the planning phase and a more detailed cost estimate will be completed at that time. CONCLUSION Site conditions appear to be permittable by the FDEP, USACE, and St. John's River Water Management District, though new information and evaluation would be required in order to prepare and submit new applications for the expansion concept. There are known contaminants of concern on the site in exceedance of applicable FDEP Soil and Groundwater Cleanup Criteria, and ACM, LBP, and mold are also likely to be present in the structures at the Site. To date, assessment of these contaminants of concern has been limited. Additional assessment and remediation of will be required at the Site. ACM, LBP, and mold will need to be evaluated prior to renovation or demolition of site structures to determine the risks and mitigation requirements. Based on the published information related to flood plain, ponds, streams, and wetland locations, there is adequate land to create the conceptual expansion. Additional ecological and geotechnical evaluations will be required. Based on the simple water balance completed with the limited available information on the concept, the conceptual design would be able to accept approximately 4 MGD average daily flow, providing significant additional capacity for the WRWWTF. The conceptual design and water balance are simplified, and the final design would likely contain multiple cells, thereby limiting the storage capacity in the same given area. The conceptual design used approximately 107 of the 286 acres of available land for water storage, leaving additional opportunities for the evaluation and use of wetlands, RIBs, tanks, reservoir storage, spray fields and/or other technologies for future expansion. Cost options for additional reservoir space are presented above. Models for the additional reservoir space and alternate berm construction have not been run on these specific options. Further assessment can be conducted to provide the most efficient use of the available land; however, this conceptual design and evaluation show TETRA TECH 301 Arjuna Weragoda, P.E. June 11, 2019 Page 19 Should you have any questions or require additional information, please feel free to contact me at (321) ,636-6470. Sincerely, TETRA TECH, INC. helton Project Manager C: Rick Shmurak, P.E. Megan Berg, P.E. TETRA TECH 302 Page 20-84 on file in Utilities office. 303 ASSIGNMENT OF CATTLE LEASE AGREEMENT This Assignment of Cattle Lease Agreement ("Assignment") is entered into this _ day of , 2019, by and between Premier Citrus, L.L.C. ("Assignor"), whose address is 635 66th Avenue SW, Vero Beach, FL, 32969, and Indian River County ("Assignee"), whose address is 1801 27th Street, Building A, Vero Beach, FL, 32960. WHEREAS, on March 15, 2018, Assignor and Staski Enterprises, Inc. ("Tenant") entered into a Cattle Lease Agreement, for the property located at 8593 4th Street, Vero Beach, Florida (the "Property"); and WHEREAS, the Cattle Lease Agreement expires on March 15, 2020; and WHEREAS, Indian River County has entered into a contract with Assignor to purchase the Property; and WHEREAS, Assignor desires to assign the Cattle Lease Agreement for the Property to Assignee with Assignor paying Assignee the pro rata share of the lease payment for the remaining portion of the term under the Cattle Lease Agreement; and NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The recitals are true and correct and are adopted by reference herein. 2. Assignor does hereby assign, transfer and convey unto Assignee all of Assignor's rights and interest in, to, and under said Cattle Lease Agreement. Assignee hereby assumes all of Assignor's duties and obligations under the Cattle Lease Agreement. Assignor agrees to pay Assignee the pro rata share of the lease payment for the remaining portion of the term under the Cattle Lease Agreement. This Assignment shall be binding upon Assignor and shall inure to the benefit of Assignee and its successors and assigns. 3. The terms and conditions of the Cattle Lease Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Assignment of Cattle Lease Agreement as of the day and year first written above. 304 Signed in the presence of the following witnesses: PREMIER CITRUS, L.L.C. sign: ASSIGNOR print name: sign: Gaylon M. Lawrence, Jr. Authorized Member print name: INDIAN RIVER COUNTY, FLORIDA ASSIGNEE ATTEST: Jeffrey R. Smith, Clerk of By: Circuit Court and Comptroller Bob Solari, Chairman Board of County Commissioners By: Deputy Clerk BCC approved: Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 305 Premier Citrus, LLC Property Due Diligence and Project Review Timeline March 26, 2019 March 26, 2019 April 3, 2019 April 23, 2019 June 17, 2019 Junc 24, 2019 o July 4, 2019 July 24, 2019 Purchase and Sale Agreement Approved by the BCC subject to a 90 -day due diligence period Due Diligence Study. WO # 2 to Tetra Tech Site Visit Phase 2 Work. WO #2 Amendment 1 Update Expiration of 90 day duc diligcncc period Expiration of 100 day due diligence Closing within 30 days after Junc 24 (20 days from 7/4) 286.14 +/- Acre Site Former Citrus Grove Study Focus • Review readily available historical and non -historical information, including topographical maps, aerial photographs, city directories, National Wetland Inventory (NWI) maps, and Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM); • Qualitative hydro -geologic evaluation of the property • Review available environmental documents published by others, by state, federal or Tribal agencies, and/or environmental database records provided by Environmental Data Resources, Inc. (EDR), a regulatory database search contractor; • Conduct interviews with site representatives, County and/or State environmental professionals, and/or other environmental professionals with site specific knowledge to obtain supplemental information regarding the Site; • Contact and/or review records from the County Health Department, Property Appraiser's Office, and Clerk of Courts Office to determine the market value and liens, if any, for the site in relation to the surrounding properties. Decreased market values, and environmental or windfall liens may be indicative of recognized environmental conditions existing at the site or surrounding properties; • Perform a property and surrounding area reconnaissance to identify obvious indications of present or past activities that have or could have negatively impacted the site; • Prepare a report presenting findings, conclusions, and recommendations. 305-5 Figure' 2 — Maintenance Area Soil Sample Locations Tani; Laydown Area composite Arsenic 15.7 mpg Exceeds Direct Exposure blustriai SCTL X Soil Sample Location X Soil end Groundwater Sample Location Parcels Indian Rive f County Department of Utility Services Premier Citrus, ILC Property Maintenance Area soa Sample Location Map onsiw... rtnia tami CGS ow 71 ;MIA fl. A 25 50 100 feel TETRA TECH Study Results • Wet Weather Storage Capabilities • Potential for possible park, TMDL removal contingent on regulatory approval • IRFWCD Canal bisects main portion of property • Existing Conditions typical of cattle operations • Phase 1: Asbestos Containing Material, Lead based Paint, Petroleum/ pesticide • Phase 2: Additional Testing (Amendment #1, $12,960) o AST: Above Ground Storage Tanks o Containment Area o Wash -down Area o Remediation needed to achieve safe levels o More sampling may be required to understand extent of issue Costs Land Purchase Cost (286 -Acres): Due Diligence Evaluation Cost: Site Remediation Cost: Site AST Closure and Containment Demolition Cost: $ 4,800,400.00 $ 68,440.00 $ 205,000.00 $ 30,000.00 $ 5,103,840.00 Option Description Size, Acres Project Cost* 1 Diked reservoir 10 -foot high for 5 MGD storage- No cells 107 $ 6,079,224 1A Diked reservoir with cells for 4 MGD storage 107 $ 7,143,858 2 Diked reservoir 10 -foot high for 6.5 MGD storage- No Cells 159 $ 8,913,008. 2A Diked reservoir with cells for 5.5 MGD storage 159 $ 10,550,259 *Includes a 30% contingency Potential Grand Total Investment: $11.18M to 15.65M (estimated) Assignment Existing Cattle Lease Agreement between Premier and Staski Premier and Staski amenable to an assignment Subject to Purchase and Sale Agreement 60 -day termination clause Expires March 15, 2020 Would provide continuity to lease operations/on site presence Recommendation Staff requests that the Indian River County Board of County Commissioners (BCC): 1. Move forward with the purchase and sale agreement. 2. Authorize the Chairman to sign the Assignment of the Cattle Lease Agreement. e,rtcy Add i -HDA Attorney's Matters - B.C.C. 06.18.19 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: June 14, 2019 SUBJECT: Sunbreak Farms Petition for Administrative Hearing BACKGROUND. In 2017, the Florida Department of Environmental Protection ("FDEP") issued a Notice of Intent to Issue Permit for a Domestic Wastewater Facility Permit for Sunbreak Farms, LLC located in Indian River County and St. Lucie County. The FDEP permit was for the construction and operation of a Type I Biosolids Management Facility on property located at 5101 Minute Maid Road, Fort Pierce. St. Lucie County filed a petition for administrative hearing challenging the issuance of the FDEP permit. On June 20, 2017, the Indian River County Board of County Commissioners ("Board') voted to approve the filing of a motion to intervene in the matter. In February 2018, St. Lucie County withdrew its petition concerning the FDEP permit. Despite the withdrawal of the petition, St. Lucie County and Indian River County have both been monitoring the Sunbreak Farms application to the South Florida Water Management District ("SFWMD") for a modification of an Environmental Resource Permit for the Type I Biosolids Management Facility. On May 24, 2019, SFWMD issued its Proposed Agency Action to deny the application. In the letter to Sunbreak Farms, SFWMD noted that it had sent requests for additional information requiring either the submittal of a monitoring plan or an alternative to demonstrate that the proposed pollution abatement practices function properly. SFWMD received a letter from Sunbreak Farms counsel advising that no monitoring plan or other alternative will be provided and requested that SFWMD determine the application complete. On June 11, 2019, Sunbreak Farms filed a petition for an administrative hearing. The County Attorney's Office has been informed that an Initial Order may be rendered soon which will establish when and where the hearing will be set and how long the hearing will take. I have been told that St. Lucie County will be filing a petition to intervene shortly thus allowing St. Lucie County to have a say in these determinations. Thus, the County Attorney's Office seeks direction from the Board as to whether it wishes to also file a motion to intervene in the case. F:Linda\General\BCC1AgendaMemosTAG ranicus\Legistar5T5\Temp\738102ab-157c-42e5-8013-927ac98e2a5d.docz Board of County Commissioners June 14, 2019 Page Two FUNDING. Although the County Attorney's office does not anticipate any significant costs, funding for intervening, if necessary, will be provided by a budget amendment from General Fund/Reserve for Contingency to General Fund/County Attorney/Legal Services (00110214-033110). RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to authorize the County Attorney's Office to move to intervene in the Sunbreak Farms petition. ATTACHMENT. Notice of Proposed Agency Action to Deny 5 -IL E SOUTH FLORIDA WATER MANAGEMENT DISTRICT May 24, 2019 Patrick Cheney 5101 Minute Maid Road Ft. Pierce, FL 34945 Subject: Notice of Proposed Agency Action to Deny Environmental Resource Permit Application No.: 18061316 Project Name: Sunbreak Farms St. Lucie County Dear Mr. Cheney: On September 14, 2018 and January 11, 2019, the South Florida Water Management District ("District") sent you Requests for Additional Information (RAIs) requiring either the submittal of a monitoring plan or an alternative to demonstrate that the proposed pollution abatement practices function properly and meet the objectives of Section 4.93, Vol. II of the Applicant's Handbook. The District received a letter from your counsel on April 4, 2019, advising that no monitoring plan or other alternative will be provided and requesting that the District determine the application complete. Attached is the District's Proposed Agency Action to deny the application, without prejudice to your right to reapply later. Absent further action by you, this denial will be final June 3, 2019. Alternatively, you may withdraw your application prior to final agency action. If you choose to withdraw your application, the District will apply the submitted processing fee for this application to a new application filed within 365 days, as specified in Rule 5.5.3.7, Environmental Resource Applicant's Handbook Vol. I. If you wish to refer the application and Proposed Agency Action to the Governing Board for final agency action, a written request must be received on or before May 31, 2019. The application and Proposed Agency Action will then be considered at the June Governing Board meeting. Sincerely, Jill S. Creech, P.E. Division Director, Regulation 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • 1-800-432-2045 • wwwsfwmd.gov 36-1 Enclosures: Proposed Agency Action/Staff Report Notice of Rights C: David Baggett, P.E., Engineering Design & Construction, Inc. (via Email) Kim Graham, P.E., St. Lucie County Public Works (via Email) David Dee, Esq., Gardner, Bist, Bowden, Bush, Dee, Lavia & Wright, P.A. (via Email) Dylan Reingold, Esq., Indian River County (via Email) State Rep. Larry Lee, Jr. (via Email) Cammie Dewey, P.E., St. John's River Water Management District (via Email) Virginia P. Sherlock on behalf of PGA Village Property Owners Association, Inc. (via Email) Dennis Corrick, Esq. (via Email) 306-14 NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev. 11/08/16 • Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerksfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 81/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 11/08/16 2 1 4 erp_staff_report. rdf Last Date For Agency Action: June 3, 2019 INDIVIDUAL ENVIRONMENTAL RESOURCE DENIAL STAFF REPORT Project Name: Sunbreak Farms Permit No.: 56-00111-S Application No.: 180613-16 Application Type: Environmental Resource (Construction/Operation Modification) Location: St Lucie County, S28, 33, 34/T33S/R38E S3,4,5,8,9,10,15,16,17,20,21,29/T34S/R38E Applicant : Sunbreak Farms L L C Project Area: 80.75 acres Project Land Use: Agricultural Drainage Basin: C-25 Receiving Body: C-25 Special Drainage District: NA Conservation Easement To District : No Sovereign Submerged Lands: No App.no. : 180613-16 Page 1 of 6 Class: CLASS III erp_staff_report. rdf PROJECTSUMMAiRY� r aw This Environmental Resource Permit application requests Construction and Operation of a stormwater management (SWM) system to serve an 80.75 acre composting operation for a project known as Sunbreak Farms. The proposed SWM system includes the construction of containment cells that will be used for on-site composting of aerobically digested and dewatered residuals with yard debris to produce Class AA compost pursuant to Florida Department of Environmental Protection Permit No. FLA979830. The Class AA compost material will be used onsite as a soil amendment and fertilizer for the existing agricultural production of row crops pursuant to Chapter 62-640 F.A.C. Please refer to the composting cell construction plans Exhibit 2.0 for details. The applicant has not provided reasonable assurances that the project will not result in adverse impacts to water resources. The applicant did not provide the requested water quality monitoring plan and reporting schedule designed to provide data to determine if the pollution abatement practices incorporated into the design of the stormwater management system will function properly as required by Section 4.9.3, Volume II of the Applicant's Handbook. Staff is recommending denial of the application pursuant to the conditions of issuance Chapter 62- 330.301 F.A.C. Specifically, the applicant has not demonstrated that construction, operation and maintenance of the project: (e) Will not adversely affect the quality of receiving waters such that the state water quality standards set forth in chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and rule 62- 302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated. App.no. : 180613-16 Page 2 of 6 &05- le erp_staff_report.rdf PROJECT EVALUATION: [DRAFT] PROJECT SITE DESCRIPTION: Refer to Exhibit 1.0 for a Location Map. The project is approximately 2.25 miles west of Interstate 95, north of the Florida Turnpike in St. Lucie County. The site consists of existing row crops located within an agricultural project previously known as Cloud Grove. The majority of the property is located in St. Lucie County with the northern portion in Indian River County. The property includes a 640 acre above ground impoundment (AGI) used for storage of storm water for irrigation and flood protection. The AGI outfalls into an adjacent ditch that discharges to the C-25 Canal pursuant to Permit No. 56-00111-S. The SWM system also has the ability to discharge stormwater to the Minute Maid Canal, which discharges to the C-25 Canal. ,BACKGROUND: On October 19, 1978, the District authorized the operation (Application Nos. 21917, 21918, 21921) of an above ground impoundment for irrigation and flood protection of a 6,560 acre agricultural project known as Cloud Grove. On June 29, 2006, the District authorized a permit transfer (Application No. 060127-19) to Florida Conservancy and Development Group LLC. iWATER QUANTITY : The proposed operation of the SWM system associated with the composting containment cells includes a protocol to maintain the water table 1 foot below the lowest grade of the containment cells during composting. Discharge Rate : The project is located within the C-25 Basin which has a 10 year, 3 day design storm. The previously permitted design storm discharge rate remains unchanged. The composting containment cells will retain 11.0 inches of rainfall within the cells associated with the 100 year, 3 day design storm event. Thus, the existing SWM system and 640 -acre above ground impoundment will not receive storm water runoff from the composting area associated with 10 year, 3 day C-25 Basin design storm event. The applicant provided an annual storm water runoff analysis which indicates the annual volume of storm water runoff will be reduced. The proposed project is intended to result in less annual storm water runoff volume and a reduction in the peak rate of storm water runoff from design storm event resulting in less discharge from the SWM system. App.no. : 180613-16 Page 3 of 6 05- 17 erp_staff_report. rdf DRAFT WATER u The applicant has provided the following: 1) The proposed project area will retain 11.0 inches (74 ac -ft) of storm water runoff from the 80.75 acre composting containment cells associated with the 100 year, 3 day design storm event. 2) The applicant provided a water quality analysis based on the proposed agronomic practices. The applicant has not provided the requested water quality monitoring plan and reporting schedule designed to provide data to determine if the pollution abatement practices incorporated into the design of the SWM system will function properly. Section 4.9.3, Volume II of the Applicant's Handbook provides for requiring water quality monitoring for two reasons: 1) such data can be used to determine if the pollution abatement practices incorporated into the design for SWM system are functioning properly, 2) In some cases there may be a real and immediate concern regarding degradation of quality in the receiving waters, regardless of the apparent pollutant removal efficiency of the SWM system. The intent of the water quality monitoring plan and reporting schedule is to develop sets of data that can be analyzed to determine if pollution abatement practices are functioning properly after the implementation of the biosolids composting activity at Sunbreak Farms. The water quality monitoring plan and reporting schedule should include, at a minimum: an explanation of how the proposed program will achieve valid measurements of flow, bacteria, nitrogen, phosphorus, and dissolved oxygen concentration; description of monitoring sites which should include on-site and off-site locations; sample collection methods, technique, preservation, identification and schedules; description of laboratory facilities, analyses, reporting delivery and data review; and other items as necessary to determine if the pollution abatement practices incorporated into the design are functioning properly and will prevent water quality degradation. The plan and schedule should be implemented at least six (6) months prior to the deliveries of biosolids to the site. The proposed plan should also include the recordation of pumped discharges (times, rates, and durations) from all stormwater discharge facilities located on the farm site. A time period for the monitoring and reporting should be defined within the plan, to be no less than five years. The plan and schedule must be submitted to the District for review and approval, prior to implementation. wETNDS Wetlands And Other Surface Waters: There are no wetlands or other surface waters located within the project area or affected by this project. App.no.: 180613-16 Page 4 of 6 X05 erp_staff_report. rdf RELATED CONCERNS: Third Party Interest: The following third parties have contacted the District with concerns about this application: St. Lucie County Indian River County St. Johns River Water Management District State Representative Larry Lee, Jr. David Dee, Esq. PGA Village Property Owners Association, Virginia Sherlock Esq. District staff have coordinated several meetings with the applicant and the third parties to address questions and concerns. Enforcement: There has been no enforcement activity associated with this application. App.no. : 180613-16 Page 5 of 6 3o5,21 erp_staff_report. rdf STAFF RECOMMENDATION TO EXECUTIVE DIRECTOR: The Staff recommends the following: Denial of the application for Construction and Operation of a stormwater management system serving an 80.75 acre composting operation for a project known as Sunbreak Farms. STAFF REVIEW: NATURAL RESOURCE MANAGEMENT APPROVAL ENVIRONMENTAL EVALUATION SUPERVISOR Jessica Huffman Barbara J. Conroy SURFACE WATER MANAGEMENT APPROVAL ENGINEERING EVALUATION SUPERVISOR Glen J. Gareau, P.E. Gary Priest, P.E. ENVIRONMENTAL RESOURCE COMPLIANCE BUREAU CHIEF : DATE: Ricardo A. Valera, P.E. REGULATION DIVISION ASSISTANT DIRECTOR : DATE: Anthony M. Waterhouse, P.E. App.no.: 180613-16 Page 6 of 6 SUNBREAK FARMS Application No: 180613-16 Permit No: 56-00111-S INTERNAL DISTRIBUTION X Glen J. Gareau, P.E. X Jessica Huffman X Gary Priest, P.E. X Barbara J. Conmy X Tony Waterhouse, P.E. X Randy Smith X Susan Martin X Ansley Marr X Jill Creech, P.E. STAFF REPORT DISTRIBUTION LIST EXTERNAL DISTRIBUTION X Permittee - Sunbreak Farms L L C X Engr Consultant - Engineering Design & Construction Inc X Other Interested Party - Gardner, Bist, Bowden, Bush, Dee, Lavia & Wright, P.A. X Other Interested Party - Indian River County X Other Interested Party - Pga Village Poa Inc. X Other Interested Party - State Rep. GOVERNMENT AGENCIES X City of Port St Lucie - Planning Div X City of Port St Lucie - Public Works X St. Lucie County Engineer X St. Lucie County Planning and Development Services X US Army Corps of Engineers Permit Section June 18, 2019 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 10, 2019 SUBJECT: Designation as an Age -Friendly Community FROM: Susan Adams Commissioner, District 1 I respectfully request a discussion on the issues presented by the Senior Collaborative and Department of Elder Affairs and to direct staff to work with the Senior Collaborative to attain the designation of Age -Friendly Community. 306 June 18, 2019 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 10, 2019 SUBJECT: Reducing young adult access to tobacco products and other nicotine- delivery devices FROM: Tim Zorc Commissioner, District 3 Discussion Rem: I'd like to discuss directing the county attorney to collect information from other Florida communities for a new draft ordinance for the Board's review and consideration, one aimed at reducing young adult access to tobacco products and other nicotine -delivery devices ("vaping"). The proposed ordinance could include references to tobacco retailer licensing. The topic would also be a candidate for addition to Indian River County's legislative priority list. 307 I stj Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Draft Tuesday, April 16, 2019 Commission Chambers Board of Commissioners Solid. Waste Disposal District 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 Maureen Gelfo, Deputy Clerk 308 Board of Commissioners SWDD Meeting Minutes - Draft April 16, 2019 15. SPECIAL DISTRICTS AND BOARDS B. Solid Waste Disposal District 15.8.1. 19-0328 The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. Final Pay to Geosyntec for Work Order. No. 1 - One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill Recommended Action: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $6,409.00 Attachments: Staff Report Geosvntec Protect Completion Report and Final Invoice No discussion was held on this item. A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:29 a.m. Indian River County Florida 39ge 1 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 7, 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: Change Order No. 4 to Thalle (Bid #2018025) Descriptions and Conditions: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 in the amount of $16,034,260.00 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North Carolina, for the construction of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. A Notice to Proceed (NTP) was issued on May 9, 2018. Substantial completion. of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 Cell 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3, 2019) from the NTP. On September 17, 2018, Thalle submitted a request to our engineer, CDM Smith, for a 105 -days -in -contract - time extension for Milestone 1, identifying wet conditions as a basis for this request. On November 20, 2018, the SWDD Board approved Change Order No. 1 to Thalle extending Milestone 1 to February 18, 2019. On February 12, 2019, the SWDD Board approved Change Order No. 2 to Thalle for a deductive change order in the amount of $2,659,127.14 as a result of direct purchase items resulting in a revised contract amount of $13,375,132.86. On March 26, 2019, the SWDD Board approved Change Order No. 3 to Thalle for approval of $12,236.97 from approved contingency budget into the active project budget as well as approved 27 days in contract time. Our project engineer, CDM Smith, has reviewed and recommended approval of a request for additional rain days and additional work associated with the project under this request for Change Order No. 4. Analysis: CDM Smith reviewed the request and submitted a recommendation letter on June 7, 2019, to approve the request by Thalle for nineteen (19) additional rain days and additional work associated with this project. The additional work is associated with a gravel buffer area around an existing lift station ($3,331.93), removal of 310 Brazilian pepper trees ($27,286.05), hydrant appurtenances ($1,174.96), investigation of leachate seeps ($5,000), and road improvements from the landfill entrance ($819,162.43). The total of this proposed work is $855,955.37 and provides a total of sixty-two (62) additional work days, which includes 19 rain days. The road improvements were initially contemplated to be performed after the construction project; however, due to the major wear and tear of the road and to improve public safety, staff recommends that this be performed now to avoid further delay. The roadway improvement design was reviewed and approved by the Indian River County Public Works Department. The work will be performed by Timothy Rose Contracting, Inc., who is a current subcontractor to Thalle. Per CDM Smith, the new Milestone 1 date would be moved from March 17, 2019, to May 18, 2019. Similarly, Milestone 2 and final completion dates are respectively changed from August 1, 2019, and August 31, 2019, respectively. The total contract price is unchanged as there is contingency funding available to cover the. additional cost. Specifically, the project has an approved 10% contingency of $1,457,660. Based on previous approved use of contingency funding in the amount of $12,236.97 there is $1,445,423.03 available in the project. The proposed work of $855,955.37 would reduce the contingency to $589,467.66. Staff supports the recommendation from CDM Smith to approve Change Order No. 4. Funding: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. The additional underdrain work is associated with the closure project. The total contract price is unchanged as there is contingency funding available to cover the additional cost. Bid No. 2018025 —Thalle Construction Company, Inc. DESCRIPTION ACCOUNT AMOUNT Construction — Segment 3 CeII 2 Expansion 411-169000-17025 $364,229.80 Construction —Segment 2 Closure 411-239006 (Escrow) $491,725.57 Change Order No. 4 $855,955.37 Recommendation: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 4 approving extension in contract time for Milestone 1, Milestone 2, and Final Completion by 57 days and allow the use of $855,955.37 from contingency funding to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. Attachment: 1. CDM Smith Letter of Recommendation and Change Order Form 2. Change in Contract Summary Log 311 Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 June 11, 2019 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, FL 32968 Subject: Indian River County Solid Waste Disposal District. Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Change Order No. 4 — Rain Delays and Additional Work Dear Mr. Mehta: Transmitted herewith are three copies of the Change Order Number 4 which addresses eight items which are described below and summarized in the attached Table 1. The contract time is extended by 62 day as shown in Table 2. There is no net change in contract price but $855,955.37 is transferred from contingency, the contract amount remains at $13,375,132.86 and $589,467.66 remains in contingency. This change order adds to the project a gravel buffer area around the existing lift station north of Segment 2. This is an owner requested change and adds one day to the contract duration. There is a change associated with PVC materials being upgraded to ductile iron at IRC Department of Utility Services' request. Brazilian pepper trees grown on the side of the existing access road on the side of the Segment 2 landfill will be removed underthis change order; it is noted that three quotes for this work were requested and the lowest quote was selected. The Contractor also requested a 39 -day extension based on rains in March, April, and May. Through careful evaluation of the impacts of the rain, CDM Smith recommends the award of 19 days. There has been an ongoing issue with seepage out of the closure liner on the north side of Segment 2. The seepage was expected to abate once the new closure liner was installed and welded to the existing liner system. However, this did not occur. Therefore, more information is needed on where the leak is occurring. The attached proposalis to provide the Contractor with additional funds and time to perform an exploration of the area which will require excavation and hand digging. The exploration is necessary to determine how to remedy the issue. The last item is the replacement of the on-site landfill access road from the entrance to the new Segment 2 access road. The roadway has failed on the approach to the new Segment 2 access road and will be repaired and/or replaced. This will involve excavating the failed roadway and the 312 io WATER+ ENVIRONMENT+TRANSPORTATION + ENERGY+ FACILITIES Mr. Himanshu Mehta, P.E. June 11, 2019 Page 2 replacement of the base and subbase and wear course. The contractor was requested to provide a design -built price for the roadway replacement. IRC Public Works has reviewed the design and price and has recommended approval. CDM Smith recommends the roadway be repaired/replaced to ensure continued landfill operations and protect public safety at the landfill. We trust the enclosed is sufficient for your review and the Board's approval. If you need any additional information or clarification, please do not hesitate to contact our office. Sincerely, Martin J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJL/jj Attachments: Tables 1, 2, and 3 Change Order No. 4 Form Thalle Construction Proposals. File: PW PL1 6706-228608.05.06.70 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith Reinaldo Gonzalez, Thalle 313 pzsza_Lrr.do« © 2018 CDM Smith 6706-221060 All Rights Reserved Issued for Bid/January 2018 CHANGE ORDER No. 04 Indian River County Landfill Project: Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and PROJECT Landfill Gas System Expansion DATE OF ISSUANCE June 11, 2019 EFFECTIVE DATE June 18, 2019 OWNER Indian River County OWNER'S Contract No. IRC Bid No. 2018025 CDM Smith Project No. 6706- 228608 CONTRACTOR Thalle Construction Co., Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description: 62 day extension to the Milestone 1, Milestone 2 and Final Completion Time Reason for change order: Wet weather conditions and side slope working conditions. Additional Work Attachments: (List documents supporting chance) CHANGE IN CONTRACT PRICE Original Contract Price $ 16,034,260.00 CHANGE IN CONTRACT TIME Original Contract Times Milestone 1 - November 5, 2018 Substantial Completion: 5/4/2019 Ready for final payment: 6/3/2019 Days or dates Net changes from previous Change Orders No.1 to No. 3 Net change from previous Change Orders No. 1 to No. 3 $ -$2,659,127.14 Milestones) + 132 days; MS -1 =3/17/2019, MS -2 +27 = 5/312019, Final Completion +27 = June 30, 2019 Contract Price prior to this Change Order $ 13,375,132.86 Contract Time prior to this Change Order Milestone 1 - March 17, 2019 Substantial Completion: May 31,2019 Ready for final payment: June 30, 2019 Days or dates Net Increase (decrease) in this Change OrderNet Move $855,955.37 from contingency into active $ project, no change to overall contract price. Increase in this Change Order Milestones + 62 days; MS -1 -5/18/2019, MS -2 = .8/01/2019, Final Completion = 8/31/2019 Contract Price with all approved Change Orders $ 13,375,132.86 Contract Time with all approved Change. Orders Substantial Completion: August 1, 2019 Ready for final payment: August 31, 2019 Days or dates RECOMMENDED: APPROVED: ACCEPTED: By: By: By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signature) Date: 06/11/2019 Date: Date: 06/11/2019 EJCDC No. C-800 (2007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General CONTRACTORs of America. Supplementary Conditions 00803M Change In Contract Summary Log Owner: Contractor: Contract No. Project: IRC Landfill Segment 3 Cell 2 and Segment 2 Partial Closure and Landfill Gas System Expansion Table 1 Change Order No. 4 Log Indian River County Solid Waste Disposal District Thalle Construction Company Hillsborough, NC BID NO. 2018025 Engineer: CDM Smith Inc. Date: June 11, 2019 Item No. - Reference - Date Submitted Description Contractor proposal Change in Contract Amount Addition to Contract Amount Requested Change in Contract Time Engineer's Comments Days Recommended by Engineer Recommended by Engineer, Change Order No. 4 Allocated to Closure Cost Allocated to Cell Cost 1 RFP 5/9/2019 Gravel Buffer Area Around Existing Lift Station:- Yes - Yes - $ 3,331.93 1 Acceptable 1 $ 3,331.93 $ 3,331.93 $ - - 2 RFI 47 Response 5/10/2019 Fire Hydrant ODP Material RFI -47 Yes Yes $ 1,174.96 0 Acceptable 0 $ 1,174.96 $ 653.28 $ 521.68 3 RFP 5/16/2019 Brazilian Pepper Tree Removal (Revision 3). Yes Yes $ 27,286.05 7 Acceptable 7 $ 27,286.05 $ 27,286.05 $ - 4 Rain Delays 4/2/2019 Rain Delays in March 2019 Yes No $ - 14 4 days Recommended by Engineer 4 $ $ $- 5 Rain Delays 5/6/2019 Rain Delays in April 2019 Yes No $ - 7 3 days Recommended by Engineer 3 $ - $ - $ 6 Rain Delays 5/31/2019 Rain Delays in May 2019 Yes No $ - 18 12 days Recommended 12 $ - $ - $ - 7 RFP Pending North Side Leachate Problem (Exploratory Excavation) Yes Yes $ 5,000.00 5 Acceptable - 5 $ 5,000.00 $ 5,000.00 $ - 8 Change Order 6/7/2019 Road Work From Landfill Entrance to the Closure area. Yes Yes $ 819,162.43 30 Design by others, accepted by IRC Public Works 30 $ - 819,162.43 $ 455,454.31 $ 363,708.12 - - Total Requested $ 855,955.37 82 Total Recommended 62 $ 855,955.37 $ 491,725.57 $ 364,229.80 Table 2. Time Impact to Project NPT Days 05/09/18 CO No 2 (days) Milestone dates CO No. 3 (days) Milestone dates CO No. 4 (days) Milestone dates Milestone 1 180 11/05/18 105 18 -Feb -19 27 17 -Mar -19 62 18 -May -19 Milestone 2 360 05/04/19 0 4 -May -19 27 31 -May -19 62 1 -Aug -19 Final Complete 390 06/03/19 0 - 3 -Jun -19 - 27 30 -Jun -19 62 31 -Aug -19 Table 3.Change in Contract Price Description Contract Amount Change Amount New Contract Amount Contingency Total Contract Amount Original Contract Amount 514,576,600.00 50.00 514,576,600.00 51,457,660.00 516,034,260.00 Change Order No..1 514,576,600.00 50.00 - 514,576,600.00 $1,457,660.00 516,034,260.00 Change Order No. 2 514,576,600.00 -52,659,127.14 511,917,472.86 51,457,660.00 513,375,132.86 Change Order No. 3 511,917,472.86 512,236.97 511,929,709.83 51,445,423.03 513,375,132.86 Change Order No. 4 511,929,709.83 $855,955.37 $12,785,665.20 $589,467.66 513,375,132.86 315