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09/17/2019
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 17, 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 Jason E. Brown, County Administrator Susan Adams, Vice Chairman, District 1 Dylan Reingold, County Attorney Joseph E. Flescher, District 2 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Peter D. O'Bryan, District 4 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Chaplain William Mead, Indian River Estates East 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring William A. Paquette on His Retirement From Indian River County Board of County Commissioners Department of General Services, Sandridge Golf Club with Twenty -Seven Years of Service Attachments: Proclamation APPROVAL OF MINUTES 6.A. Regular Meeting of June 18, 2019 6.B. Regular meeting of July 2, 2019 6.C. Regular Meeting of July 9, 2019 September 17, 2019 Page 1 of 7 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Planning and Zoning Commission Vacancy Attachments: Staff Report Angela Waldrop 09.06.19 Email Resignation 7.B. City of Sebastian Ordinance . 0-19-04, Notice of Annexation of 1,118 Acres, is on file for review in the Office of the Clerk to the Board. 8. CONSENT AGENDA 8.A. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.B. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 8.C. Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. Attachments: Staff Report ARC COPCN Application ARC of Indian River County Application Documents 8.D. Agreement with the Indian River County Fair Association, Inc. and the Vero Beach Firefighters Association, Inc. for Use of the Indian River County Fairgrounds Attachments: Staff Report Fire Fighters Fair Contract renewal 8.E. Approval of Agreement with Indian River County Sheriffs Office for Use of the Indian River County Public Shooting Range Attachments: Staff Report 2019-2022 Shooting Range Agreement with Sheriff 8.F. Notice of Grant Award from the Florida Department of Environmental Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ210 Attachments: Staff Report CZ219-Jones' Pier format CPI Jones Grant Form September 17, 2019 Page 2 of 7 8.G. Termination and Re -Award of Bid# 2019059 - Containment Coating at NCRO Facility Attachments: Staff Report 8.H. First Extension of Agreement for Automated Teller Machine Services Attachments: Staff Report First Amendment to Agreement 8.I. First Amendment to Agreement for Annual Lift Station Rehabilitation (Bid 2019047) Attachments: Staff Report First Amendment to Agreement 8.J. Ranking of Firms for RFQ 2019070 Water Plant and Water Resource Engineering Services Attachments: Staff Report 8.K. Ranking of Firms and Approval of Agreement for RFP 2019069 - Visitor and Tourism Study Attachments: Staff Report Contract for Services Agreement 8.L. Wabasso Causeway Fishing Pier Demolition Project (IRC -1712), Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 Description of Itemized Changes 8.M. Work Order No. 12 - Morgan & Eklund, Inc. Post Hurricane Dorian Beach Profile Surveys Attachments: Staff Report Scope of Work Summer Semi -Annual Coastal Monitoring Survey Morgan and Eklund WO No.12 signature page 8.N. Approval of Kimley-Horn Work Order No. 15, "Ixora Park Sewer System Rehabilitation" Attachments: Staff Report Kimley-Horn and Associates Inc Work Order No 15 September 17, 2019 Page 3 of 7 8.0. Resolution Requesting . the Legislature Designate SR 510 Bridge #53 as the "A.B. Michael Bridge" Attachments: Staff Report County Resolution A.B. Michael Bridge A.B. Michael Biography 1964 IRC BCC Resolution FDOT Designations Fla. Statute 334.071 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar: Expenditure from the Criminal and Sex Offender Registrant Fee Account Attachments: Registrant Fund Request 091719 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps (Legislative) Attachments: Staff Report Application Portion of 12-4-18 BCC Meeting Minutes Portion of PZC 04-25-19 Minutes Review Agency Comments Ordinance 10.A.2. Edisson E. Vasquez's Request for Abandonment of a 5' Wide Portion of a 70' Right -of -Way for 24th Street, Adjacent to Lot 1, Block 5 of the Heathland Subdivision [ROWA-18-12-05 / 2018070145-82708] (Legislative) Attachments: Staff Report Location Map Abandonmnet Resolution B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to speak from Fern Grounds regarding littering/trash on our roads and highways Attachments: Public Discussion Request Fern Grounds September 17, 2019 Page 4 of 7 C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Scheduled Public Hearing for October 1, 2019: Mark W. Plate's Request for Abandonment of a 130' Long Segment of the 70' Wide 57th Avenue Right -of -Way South of 97th Place of the Tropicana Homesites Subdivision, Plat Book 4 Page 20 [ROWA-18-07-03 / 2017030059-81633] (Legislative) Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" and Class "E1" Certificate of Public Convenience and Necessity for MCT Express, Inc. dba United Medical Transportation Administrative Attachments: Staff Report 10.C.3. Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" Certificate of Public Convenience and Necessity by Cleveland Clinic Martin Health for Martin Health System, Advanced Medical Transport - Administrative Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Ratification of Collective Bargaining Agreement Between Indian River County and Teamsters, Local Union No. 769 Effective October 1, 2019 through September 30, 2022 Attachments: Staff Report Teamsters Proposed Contract 2019-2022 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Request to Waive Bid Process for Community Development Software Attachments: Staff Report MGO web -based Software Agreement B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget September 17, 2019 Page 5 of 7 F. Public Works 12.F.1. FDEP Grant Agreement No. 19IR3 Vero Beach Restoration - Sector 5 Attachments: Staff Report 19IR3 Vero Beach Restoration IRC Grant Form 19IR3 12.F.2. Award of Bid No. 2019066, Sector 5 Beach and Dune Restoration Project Attachments: Staff Report Sample Agreement Aptim Bid Recommendation Letter 8-23-19 G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. City of Sebastian Graves Brothers Annexation - Florida Governmental Conflict Resolution Act Resolution Attachments: Staff Report Chapter 164 Resolution Annexation 2019 Chairman's letter 13.B. Land Swap with St. Lucie County Attachments: Staff Report IRC -SLC Parcel Swap 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT September 17, 2019 Page 6 of 7 Except for those mattersspecifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda ordistributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. September 17, 2019 Page 7 of 7 PROCLAMATION HONORING WILLIAM A. PAQUETTE ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES, SANDRIDGE GOLF CLUB WHEREAS, William A. Paquette retires from the Indian River County Department of General Services, Sandridge Golf Club effective September 28, 2019; and WHEREAS, William A. Paquette began his career with Indian River County on October 2, 1992, as Cart Attendant and was promoted to the Pro Shop Attendant position on November 14, 1997 and he held this position to the present; and WHEREAS, During that time, William A. Paquette was responsible for the enjoyment of every customer he had interactions with in the Pro Shop and created a fun and friendly atmosphere while checking in customers; and WHEREAS, William A. Paquette has diligently worked and will be missed by many customers who have come to know him as "Mr. Bill", and WHEREAS, William A. Paquette served his County without selfishness always looking to make the golf course a better place, and WHEREAS, William A. Paquette has gained the respect and admiration of his colleagues, co- workers and the golfing community within the County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds William A. Paquette'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 twenty- seven 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 17th day of September 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 1 Informational Matters - B.C.C. 09.17.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 9, 2019 SUBJECT: Planning and Zoning Commission Vacancy On September 6, 2019, Angela Waldrop submitted her resignation as the "BCC Appointee, District No. 5" representative to the Planning and Zoning Commission. Angela Waldrop's term expires in January 2021. ATTACHMENT(S). • Angela Waldrop, September 6, 2019 - Email Resignation C:IUsersllegistatiAppDatalLacallTemptBCL TechnologiesleasyPDF 81@BCL F40C30341aBCL@nF40C3034.docx 2 Christina Moore From: Angela Waldrop<awaldrop@sorensenrealestate.com> Sent: Friday, September 06, 2019 5:01 PM To: Christina Moore Cc: Ed Offutt Subject: Re: Planning & Zoning Commission Yes 1 am resigning and will continue until a successor is available. Thank you so much. Angela Waldrop Sent from my iPhone On Sep 6, 2019, at 4:08 PM, Christina Moore <cmoorePircgov.com> wrote: Good afternoon Ms. Waldrop: The County Attorney's Office monitors the above committee and I work with Ed in maintaining the committee members' information. In regards to your earlier email, you requested that we begin the process for you to step off the Planning & Zoning Commission. To begin the process, please confirm that you are resigning your position effective the date of your email, and it is your intention to serve until a successor is appointed. Please note, per Section 103.02(1) of the Indian River County Code, a[m]embers may serve until their successors are appointed." Again, thanks for your service to the committee. CPuuatina Moate, CP, C.Psy.D. Legal Assistant Office of County Attorney — Indian River 1801 27th Street Vero Beach, Florida 32960-3365 (772) 226-1405 ph; (772) 569-4317 - fax c mo o re P i rcgov. com NOTE: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 1 3 B.A. Office of Consent 09/17/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J, Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: September 11, 2019 SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41 % compared with a nationwide average of 27% of a community's population. Because our County has a larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. 4 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program September 11, 2019 Page 12 The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are. given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of'a unit, the qualified applicant meets again with Rental Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current fair market rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2020 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2020 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Roland DeBlois, Interim Community Development Director Robin Miller, Rental Housing Program Manager 5 RESOLUTION 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2020 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency (PHA) by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Program Payment Standards, effective October 1, 2019, and these standards are set between ninety percent (90%) and one hundred ten percent (110%) of FMR; and WHEREAS, HUD regulations require annual adoption and approval of Payment Standard Amounts, NOW, THEREFORE, BE IT: RESOLVED BY THE BOARD OF COUNTY • COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for beginning Fiscal Year 2020 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $729 $938 $1,018 $1,258 $1,462 6 RESOLUTION 2019 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. 0' Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of September, 2019. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Bob Solari, Chairman Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 7 8. B. Office of Consent 09/17/2019 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: September 11, 2019 SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single family homes apply to Rental Assistance for participation. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives: that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by Voucher Program participation. The Board must approve the rates for water, sewer, gas, electric, and propane in our area on an annual basis. This year, Rental Assistance retained The Nelrod Company to conduct a local rate study for these utilities. Staff reviewed and approved the Nelrod rate study report and has included the results on a spread sheet attached to the resolution. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2020, effective October 1, 2019, is attached for the Board's consideration. 8 Approval of Resolution for Utility Rates for Housing Choice Voucher Program September 11, 2019 Page 12 Funding: There is no funding associated with this resolution. Recommendation. Staff recommends the Board approve the utility rate resolution for Fiscal Year 2020 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Roland DeBlois, Interim Community Development Director Robin Miller, Housing Program Manager 9 RESOLUTION 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE. HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE FOR FISCAL YEAR 2020. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly known as Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, the Indian River County Rental Assistance Program retained The Nelrod Company to survey and study rates for all types of utilities, including electric, gas, water, sewer and propane, using methodology to analyze consumption and utility rates by each housing type and by each bedroom size which resulted in a written report; and WHEREAS, the Rental Assistance Program staff analyzed the written report and established its Utility Allowance Schedule in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule become effective October 1, 2019 and are attached to this Resolution as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps the Indian River County Housing Choice Voucher Program compliant with HUD regulations and in line with current market conditions, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners accepts, approves and adopts the Allowances for Tenant -Furnished Utilities and other Services for Fiscal Year 2020, attached hereto, which will become effective October 1, 2019.and continues to be used by staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Plan. 10 RESOLUTION 2019 - The foregoing Resolution was offered by Commissioner and seconded by. Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 17th day of September, 2019. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Bob Solari, Chairman Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney RESOLUTION 2019 - Exhibit "A" Allowances for Tenant -Furnished Utilities and Other Services U.S. Department of Housing and Urban Development 05:e of Public and Indian Housing The following allowances are used to determine the Vital cost of tenant -furnished utlr es and appliances. Date (mm/dd(yyyy): Locality: Indian River County Board of Commissioners, FL Unit Type: Multi -Family (ApartmentlRow HouselTownhouse/Semi-Detached/Duplex) Utility or Service: 0 BR 1 BR 1 2 BR 1 3 BR 1 4 8R 1 5 BR Mordhly Dollar Allowances Heating a. Natural Gas N/A N!A NIA NIA N!A N!A b. Bottle Gas/Propane 533.00 537.00 537.00 541.00 541.00 541.00 c. Electric 54.00 55.00 $5.00 .56.00 $6.00 57.00 d. Electric Heat Pump 53.00 54.00 $5.00 55.00 56.00 57.00 e. .Oil/Other Cooking a. Natural Gas NIA NIA N/A NIA N/A N/A b. Bottle Gas/Propane $8.00 512.00 517.00 521.00 S29.00 $37.00 e. Electric. 53.00 54.00 56.00 58.00 59.00 511.00 Other Electric & Cooling Other Electric (Lights & Appliances) 513.00 515.00 521.00 527.00 532.00 538.00 Air Conddioning 511.00 $13.00 $18.00 $23.00 527.00 532.00 Water Heating a. Natural Gas NIA NIA NIA NIA NIA N!A b. 'Bottle Gas/Propane 521.00 521.00 537.00 $45.00 558.00 566.00 e. Electric $7.00 $9.00 511.00 513.00 516.00 518.00 • d. Oil I Other Water, Sewer, Trash Collection Water (avg) 518.00 519.00 $22.00 526.00 532.00 538.00 Sewer (avg) '528.00 530:00 535.00 $40.00 $44.00 $49.00 Trash Collection (avg) 512.00 512.00 $12.00 512.00 312.00 512.00 Tenant -supplied Appliances RangelMicrowave Tenant -supplied 511.00 511.00 511.00 $11.00 $11.00 $11.00 Refrigerator Tenant -supplied 512.00 $12.00 512.00 512.00 .312.00 512.00 Other --specify: Monthly Charges Electric Charge 59.32 $9.00 59.00 $9.00 59.00 59.00 59.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the •aehral 1damated. Utility or Service per month cost Heating $ Cooking 5 Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Rangel Microwave $ . Refrigerator $ Other $ Number of Bedrooms Other $ Total $ The Nelrod Company 7/2019 Update adapted from form HUD -52667 11 12 RESOLUTION 2019 - Allowances for Tenant -Furnished Utilities and Other Semites U.S. Department of Housing and • Urban; Development Oflce of Pubfic and Indian Housing The following allowances are used to determine the total cost of tenart-furished utilities and appliances. Date (mm/dd/yyyy): Locality. Indian River County Board of Commissioners, FL Unit Type: Single -Family (Detached House) Utility or Service: 0 BR 1 BR 1 2 BR 1 3 BR 1 4 BR 1 5 BR Monthly Dollar Allowances Heating a. 'Natural Gas N!A N/A N!A ,N/A N/A N/A b. Bottle Gas/Propane .345.00 350.00 354.00 354.00 358.00 358.00 c. E)ectric 37.00 $8.00 38.00 39.00 39.00 310.00 d. Electric Heat Pump 35.00 36.00 37.00 38.00 $8.00 $9.00 e. Oil / Other Cooking a. 'Natural Gas N/A N/A N/A N/A N/A N/A b. Bottle Gas/Propane $8.00 312.00 $17.00 321.00 329.00 337.00 c. Electric 33.00 34.00 36.00 38.00 39.00 311.00 Other Electric & Cooling Other Electric (Llghtr & Appliances) 319.00 322.00 331.00 339.00 348.00 356.00 Air Conditioning $8.00 310.00 322.00 334.00 347.00 359:00 Water Heating a. Natural Gas N/A N/A N/A N!A N!A N/A b. Bottle Gas/Propane 329.00 333.00 345.00 $58.00 $70.00 387.00 c. Electric 39.00 311.00 314.00 317.00 320.00 523.00 d. Oil / Other Water, Sewer, Trash Collection Water (avg) 318.00 319.00 322.00 326.00 332.00 338.00 Sewer (avg) 328.00 330.00 335.00 $40.00 544.00 $49.00 Trash Collection-(avg) 312.00 312.00 312.00 312.00 $12.00 312.00 Tenant -supplied Appliances Range /Microwave Tenant -supplied 311.00 $11.00 311.00 311.00 311.00 311.00 Refrigerator Tenant -supplied 312.00 312.00 312.00 312.00 312.00 312.00 Other -specify: Monthly Charges Electric Charge $9.32 $9.00 39.00 39.00 39.00 $9.00 39.00 Actual Family Allowances • To be used by the family to compute allowance. Complete below tw the actual unftrented. Utility or Service per month cost Heating . $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash. Collection $ Range / Microwave $ Refrigerator $ Other $ Numberof Bedrooms Other $ Total $ The Nelrod Company 7/2019 Update adapted from form HUD -52667 12 13 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: FROM: DATE: SUBJECT: Tad Stone, Director Department of Emergency Services Erin Baskins, Staff Assistant IV Department of Emergency Services September 4, 2019 Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. On October 3, 2017, the Indian River County Board of County Commissioners approved renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to provide Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "E" certificate has been submitted by The ARC of Indian River County Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to be effective for a period of two (2) years commencing October 5, 2019, and expiring October 5, 2021. ATTACHMENTS:. 1. COPCN Renewal Application from The ARC of Indian River County, Inc. Signed application available for review in the IRC Emergency Services Office 14 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: The ARC of Indian River County Inc. DATE: 7/9/2019 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ❑✓ This is a renewal of our present COPCN. ❑ This is a renewal of our present COCPN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ O BLS ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 OBLS ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 ❑BLS LALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 OBLS LALs Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ® LV lWheelchair Wheelchair/Stretcher [1 Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 ❑Wheelchair Wheelchair/Stretcher LIAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 15 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: The ARC of Indian River County Inc. MAILING ADDRESS: 1375 16th Avenue CITY Vero Beach COUNTY Indian River ZIP CODE: 32960 BUSINESS PHONE: 772-562-6854 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Non -Profit Corporation 3. MANAGER'S NAME: Heather B. Dales, Chief Executive Officer ADDRESS: 1375 16th Avenue Vero Beach FI 32960 PHONE #: 772-766-1392 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Judith Lewis 580 42nd Ct. VB FI 32968 CFO Heather Dales 1946 7th Ct. VB FI 32962 CEO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# Barker Electric AC/Heat 1936 Commerce Ave 32960 772-562-2103 City of Vero Beach Utilities PO Box 1180 32961 772-978-5100 MD Now Urgent Care 640 21st St VB FL 32967 772-299-1092 16 6. FUNDING SOURCE: MedWaiver, Medicare, APD, CDC, Private Pay 7. RATE SCHEDULE ATTACHED? YES V NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 1375 16th Avenue Vero Beach FL 32960 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: CeII Phone Communication Only 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) N/A N/A 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION N/A N/A 17 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: Make, Model, Year, Manufacturer Mileage VIN # Tag Number Passenger capacity (E/E1 classification) Indicate ALS/BLS (A -D classification) a. b. c. d. e. f. 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 18 v. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS The ARC of Indian River Count Inc.y' , the representative of Applicant Name The ARC of Indian River County, Inc. , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I, , the representative of Applicant Name , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that 1 agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof.: Sworn and subscribed in my presence this day of 201 . NOTARY PUBLIC My commission expires: 19 Indian River County Department of Emergency Services Date: 7/12/2019 Name of Provider: The ARC of Indian River County Inc. Submitted by: France Mason Assigned -4 N M _M 4t OA et X2046C X0383B X8284C X7812C X8283C X22480 Passenger Capacity 8 seats/2 wheelchairs ' 4 seats/1 wheelchair 8 seats/2 wheelchairs 10 seats/2 wheelchairs 8 seats/2 wheelchairs 10 seats/2 wheelchairs VIN Number 1GB3G2BG5C1113671 1GBDV13W38D152405 1 GB3 G2BG7F 1287942 1 GB6GUBG2G1127641 1 GB3G2BG8F 1287948 1GB6GUBG4G1282739 Mileage 112943 O\ N 00 O 30498 55753 37019 54897 Manufacture C Td i.0 N N O N N N N N Model C 1. N b 0 ai Express G4500 Bus Cutaway cu Cd d) U ) U t) U N 0 N U Ca.7 Indian River County Department of Emergency Services PERSONNEL ROSTER Date: 7/15/2019 Name of Provider: The ARC of Indian River County Inc. Submitted by: France Mason Position Driver Driver Driver ) > Q N Q ' N > Q 1-4 GJ > Q Exp. Date N N c OM �ON 9-25 12-25 N 01 N 01 7r N FLDL # A552-006-42-189-0 C512-536-52-295-0 H630-116-55-821-0 S316-346-71-451-9 O N M N 1 - in M M M600-074-69-344-0 C623-540-55-905-6 First Name Anthony h� Cordi Harold John Barrington Marianne Last Name Anunziato Campagna Howard Stafford Stretter O'Neil y ID i -r U Indian River County Department of Emergency Services FEE SCHEDULE 0 z E 1) SPECIAL CHARGE C.7 H r-1 z z H 69 69 SERVICE TYPE 0 .r 0 EL -'4 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 09-17-2019 Date: To: August 15, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Agreement with the Indian River County Fair Association, Inc. and the Vero Beach Firefighters Association, Inc. for Use of the Indian River County Fairgrounds DESCRIPTION AND CONDITIONS: Since 1986, the Indian River County Fair Association, Inc. ("Fair Association") has contracted with Indian River County for use of the County Fairgrounds to host the annual Firefighters Fair. The Fair Association is organized under Florida Statutes, Chapter 616. The current agreement between the County and the Fair Association expires October 31, 2019. ALTERNATIVES AND ANALYSIS In reviewing the terms of the prior Agreement, County staff worked with representatives of the Fair Association to propose a new Agreement. This process revealed that while the Fair Association owns and holds the license, the Vero Beach Firefighters Association, Inc. ("Firefighters Association") also has a significant role in the conducting the Fair operation. It is recommended that the County enter into a tripartite Agreement with both entities. All parties have mutually agreed to submit the attached agreement to the Board of County Commission for approval. The proposed Agreement also meets the insurance requirements in accordance with current County Risk Management thresholds. The term of the proposed agreement runs from November 1, 2019 through October 31, 2022 The Agreement has been prepared and reviewed by the County Attorney, as well as advisors to the Fair Association and the Firefighters Association. The updated Agreement otherwise contains substantially the same material terms as the prior agreement. Essentially, the Indian River County Fair Association, Inc. and/or the Firefighters Association will pay the County 10% of gross revenue from any source in connection with the Fair in exchange for the exclusive use of the Fairgrounds facility during the time period reserved annually to set up, operate, and break down the Fair. Net profits from the Fair go to support the Indian River County Burn Fund, local high school scholarships, Fairgrounds improvements, and various other charitable organizations. FUNDING: Funding due to the County under the Agreement is identified by separate General Fund Account #001038-369960. The Countyuses these funds to make improvements to the Fairgrounds. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C4ODE2CB\@BCL@C4ODE2CB.doc 23 RECOMMENDATION: Staff respectfully recommends the Board accept the Agreement for Use of Indian River County Fairgrounds agreement and authorize the Chairman to execute. ATTACHMENTS: Agreement for Use of Indian River County's Fairgrounds APPROVED AGENDA ITEM FOR SEPTEMBER 17, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C4ODE2CB\@BCL@C4ODE2CB.doc 24 Agreement for Use of Indian River County Fairgrounds THIS AGREEMENT (the "Agreement") is made and entered into this 1st day of November, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 21st Street, 'Vero Beach, FL 32960 ("County") and the INDIAN RIVER COUNTY FAIR ASSOCIATION, INC., a Florida not-for-profit corporation, 1818 Commerce Avenue, Vero Beach, FL 32960 ("Indian River Association") and VERO BEACH FIREFIGHTERS ASSOCIATION INC., a Florida not-for-profit corporation, 1818 Commerce Avenue, Vero Beach, FL 32960 ("Vero Beach Association"). BACKGROUND RECITALS WHEREAS, the Indian River Association proposes to conduct a public fair or exposition in accordance with Chapter 616, Florida Statutes ("County Fair"), in calendar years 2020, 2021 and 2022 for the benefit and development of the educational, agricultural, horticultural, livestock, and other resources of Indian River County; and WHEREAS, the County is willing to support the Association in operating the County Fair by allowing the Association to use the Indian River County Fairgrounds, as described on Exhibit A attached hereto ("Fairgrounds"); and WHEREAS, the Indian River Association's use of the Fairgrounds to operate the County Fair serves a legitimate public purpose and is authorized by Florida Statutes section 616.11; and WHEREAS, the County and the Indian River Association had entered into prior agreements to operate the County Fair; the most recent agreement was dated January 24, 2017, and amended by First Amendment to Agreement for Use of Indian River County Fairgrounds on January 23, 2018; and WHEREAS, the Indian River Association and the Vero Beach Association, (collectively referred to as the "Associations"), will jointly operate the County Fair: NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County and Associations mutually agree as follows: 1. Permit. In accordance with Florida Statutes section 616.15, the Indian River Association shall annually apply to the State of Florida, Department of Agriculture and Consumer Services, Division of Marketing and Development, Bureau of State Farmers' Markets ("State") for a fair permit to conduct an annual County Fair in calendar years 2020, 2021 and 2022 and the Association shall be responsible for all matters pertaining to such permitting. 2. Schedule. In each year during the term of this Agreement, if a permit is issued by the State to the Indian River Association, the Indian River Association shall have priority at the Fairgrounds in scheduling the County Fair if the Indian River Association notifies the 25 Page 1 of 5 County in writing through the County's Parks and Conservation Resources Director of the proposed dates by May 30, in which case the County shall let the Indian River Association use and occupy the Fairgrounds during a period not exceeding twenty-one (21) days in March of the following year. In the event the Indian River Association fails to notify the County of the following year's County Fair dates by May 30, the County may allow the Association to operate the County Fair at the Fairgrounds in March of the following year, absent previously scheduled conflicting events. 3. Contracts/Notice to Certain Parties. It shall be the responsibility of the Associations to arrange for all contracts for amusements, entertainment, and any commercial exhibits or matters that it determines will enhance the County Fair. The Associations are also responsible to provide timely notice to the Indian River County Animal Control Division and The Humane Society of Vero Beach and Indian River County, Inc. when and if the Associations will have animals present at the County Fair that are not associated with the 4-H exhibitions, so that the required inspections may be performed before and during the County Fair. 4. Structures/Insurance of Contracting Parties. Any person or organization contracting with the Associations shall provide its own temporary structure with the approval of the Associations. The County shall have no obligation to provide such structures. Any contracting person or organizations shall have proof of liability insurance acceptable to the County and the Associations. Acceptance by the County shall not be unreasonably withheld. 5. Volunteers/Security. The Associations shall provide volunteer and other help to staff the County Fair. Any subcontract for operation or administration of the County Fair shall be subject to the County's prior review and approval. The Associations shall provide adequate security for the County Fair and shall provide sufficient volunteers or paid security guards to maintain crowd control, to the County's satisfaction, at all times while the County Fair is underway. 6. Electricity, Water and Sewage. The Associations shall provide electricity and pay all electricity costs while the County Fair is open as well as for those dates on which the County Fair is being set up and removed. The Associations and the County Parks and Conservation Resources Director will designate a senior representative to record and confirm all electrical meter readings at the start of the Fair set up period and at the end of the Fair breakdown period. These readings will be used to establish the payment due to the County for electricity costs. The Associations will pay for water service and sewage pickup for the County Fair. The Associations and the County Parks and Conservation Resources Director will designate a senior representative to record and confirm all water meter readings at the start of the Fair set up period and at the end of the Fair breakdown period. These readings will be used to establish the payment due to the County for water costs. Payments remitted to the County pursuant to this section shall be exclusive of and in addition to fees due and owed to the County under Section 10 of this Agreement. 7. Accounting. The Associations shall maintain records in accordance with sound accounting practices and procedures showing all costs, expenses, as well as all receipts and proceeds from the County Fair. The Associations shall, at their sole expense, cause a state certified public accountant to conduct a review, based on sound accounting practices and 26 Page 2 of 5 procedures, of the Associations and of any person or entity that operates or administers the County Fair. The Associations shall submit copies of the reviews to the County on or before September 30 of each year that the Associations operate the County Fair. If the Associations fail to submit copies of the reviews in a timely manner, the Associations shall pay to the County an administrative charge of Ten and No/100 Dollars ($10.00) for each calendar day after September 30 that the copies of the reviews are not submitted. All books and records of the Associations and of any person or entity that operates or administers the County Fair shall be public records and shall be provided to the County upon the County's request. In addition to the above -stated accounting and auditing requirements, the Associations shall conduct all accounting and auditing required by law. The Associations shall maintain records, in a form acceptable to the County, of all funds received and expended in connection with the County Fair. All such records shall be provided to the County upon request. The Associations shall effectuate internal controls and procedures, subject to the County's approval, regarding the receipt and expenditure of all funds. Such internal controls and procedures shall include documentation and verification of all gate receipts and invoices and admissions and enumeration of admissions. 8. Insurance. The Associations shall purchase liability insurance coverage in an amount of not less than $1,000,000 per individual injury and $5,000,000 per occurrence during the term of the County Fair. On all insurance policies the County shall be named as additional insured on the policy and copies of the policy or a certificate of insurance shall be submitted to the County at least two weeks prior to the start of the County Fair. The insurance company must be licensed to issue insurance policies in the state of Florida, and must be rated at least A -VII per Best's Key Rating Guide. The policy must be "occurrence" and not "claims made," and the certificate of insurance must provide that the County be given a thirty (30) day written notice of insurance company's intent to cancel or terminate the policy of insurance. In addition, the Associations must provide proof of insurance from the amusement/midway company in the amount of $1,000,000 per occurrence/$5,000,000 aggregate, adding County as an additional insured and subject to all above insurance requirements necessary for the Associations. 9. Release/Indemnification. The Associations hereby release and agree to defend, hold harmless and indemnify the County, and the County's commissioners, officers, employees, and agents (collectively, for the purposes of this paragraph, "County"), from and against any and all claims for damages, costs, third party liabilities, judgments, and expenses (including reasonable attorneys' fees) for personal injury, wrongful death or property damage, arising out of or relating to the County Fair (collectively "Claims"), except that the Associations' obligation to defend, hold harmless and indemnify the County shall not apply to Claims which are judicially determined to have been caused by County's negligence or intentional misconduct. 10. Expenses/Payment of Fee to County. Associations shall be responsible for the payment and approval of all expenses arising from and related to the promotion and operation of the County Fair, and shall defend, hold harmless and indemnify the County from and against any such expenses, including reasonable attorneys' fees. The County shall have no liability for such expenses. Associations shall pay to County on or before September 30 of each year during the term of this Agreement that the Associations operate the County Fair, ten percent (10%) of the gross revenue from the County Fair as a fee for the use of the Fairgrounds, to be held by the County in a separate account, which the County shall use for future Fairgrounds 27 Page 3 of 5 improvements. The Indian River County Board of County Commissioners may waive or defer the fee or a portion thereof described in this section in the event of extenuating circumstances which result in an aggregate net loss for the County Fair for that year. 11. Trash/Traffic Control Devices. The County will provide trash containers and garbage collection. The County may provide up to thirty (30) traffic barricades and up to thirty (30) traffic cones for the Associations' use exclusively in connection with the County Fair if, in the County's Public Works Director's sole discretion, such traffic barriers and traffic cones are available for such use. If the County's Public Works Director provides such traffic barricades, traffic cones for use in connection with the County Fair, the Associations shall retrieve them from the County's storage location, and then return them to the same storage location or where the County's Public Works Director otherwise directs, within five (5) days following conclusion of such year's County Fair. The County may provide up to four (4) lighting trees for the Associations' use exclusively in connection with the County Fair if, in the County's Parks and Conservation Resources Director's sole discretion, such lighting trees are available for such use. If the County's Parks and Conservation Resources Director provides such lighting trees for use in connection with the County Fair, the Associations shall retrieve them from the County's storage location, and then return them to the same storage location or where the County's Public Works Director otherwise directs, within five (5) days following conclusion of such year's County Fair. The Associations shall replace, at the Associations' expense, within thirty (30) days following conclusion of such year's County Fair, any of the County's lighting trees, traffic barricades and traffic cones that are damaged, lost, or stolen while in the Associations' custody. 12. Sanitation. The Associations shall provide sanitation and adequate restroom facilities, in accordance with all applicable laws and regulations and to the County's satisfaction, for persons attending the County Fair. 13. Staffing. The Associations shall endeavor in good faith to procure a midway and provide staff to operate the County Fair. However, in the event that the Associations fail to enter into a contract to provide a midway or if the Associations determine that the Associations cannot adequately staff the County Fair, then Associations shall provide written notice to County at least sixty (60) days before the County Fair is to open that it will not manage the County Fair, in which case the County may take whatever steps it deems appropriate. 14. First Amendment Activities. The Associations agree to provide reasonable accommodation for any activities which are protected by the First Amendment of the United States Constitution. Such accommodation may be in accordance with existing Fair rules, provided that such rules are consistent with the First Amendment and applicable law. 15. Termination. Any party may terminate this Agreement or propose amending this Agreement by providing written notice to the other party by November 1 of the year preceding the following year's County Fair. The term of this Agreement shall be from November 1, 2019, through October 31, 2022, followed by two consecutive two-year automatic renewal periods, unless sooner terminated as provided herein. 16. Governing LawNenue/Liabilitv. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or 28 Page 4 of 5 otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. The Associations liability under this Agreement shall be joint and several, and the compromise of any claim arising under this Agreement with, or the release of, either of the Associations shall not constitute a compromise with, or a release of, the other Borrower. 17. Background Recitals. The Background Recitals set forth above are true and correct and form a material part of this Agreement. 18. Presuit Mediation. In the event of a dispute between the parties, prior to the filing of any lawsuit, the parties shall (i) select a mutually acceptable certified mediator, and (ii) participate in good faith in mediation to attempt to resolve the dispute. Only if mediation proceeds to impasse without resolution of the dispute, may either party file a lawsuit relating to the dispute. 19. Sale of Beer and Wine. Associations shall be permitted to sell beer and wine at the County Fair so long as the Associations satisfy all of the requirements set forth in section 209.09, Indian River County Code of Ordinances. Such requirement includes satisfying any additional insurance and liability obligations required by the County Risk Manager, above and beyond those set forth in this Agreement, and the payment of required fees. IN WITNESS WHEREOF, the proper officials of County and Association have executed INDIAN RIVER COUNTY INDIAN RIVER COUNTY FAIR ASSOCIATION BOARD OF COUNTY COMMISSIONERS By: Bob Solari, Chairman BCC Approved: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney By: Print name: Title: VERO BEACH FIREFIGHTERS ASSOCIATION, INC. By: Print name: Title: Approved By: Jason E. Brown, County Administrator this Agreement, effective on the date first written above. 29 Page 5 of 5 Date: To: INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services September 6, 2019 The Honorable Board of County Commissioners 8. 6. CONSENT AGENDA BCC 09/17/2019 Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Approval of Agreement with Indian River County Sheriff's Office for Use of the Indian River County Public Shooting Range DESCRIPTION AND CONDITIONS: On September 20, 2016, the Board approved a three year agreement with Sheriff's Office for use of the Indian River County Public Shooting Range. The current agreement expires September 30, 2019. Under the terms of current agreement, the Sheriff's Office makes annual payments of $15,000 to the County at the beginning of each fiscal year for the exclusive use of the Range on Wednesdays, and scheduled use on Tuesdays with approval of the Range Manager. The Range is open to the public Thursday through Monday. The General Services Department met with representatives of the Training Division of the Sheriffs Office in reference to their training needs over the next 3 years. The attached agreement memorializes a proposal that is mutually beneficial to the parties and is permitted under the Concessionaire Contract between the County and the Florida Fish and Wildlife Conservation Commission. The proposed agreement allows an exception to the exclusive use provision for tournaments and public events at the Range provided the County serves the Sheriffs Office with 30 -day notice of a conflicting event. The Shooting Range will remain open to the public Thursday through Monday. ANALYSIS: The Sheriff's Office has agreed to increase the annual fee to $17,500 in order to secure their scheduled training sessions at the range. The mutual advantage of the proposed agreement allows the Sheriff to utilize the Range as needed while guaranteeing an annual payment of $17,500 to the Range at the beginning of each fiscal year. J RECOMMENDATION: Staff recommends that the Board of County Commission accept and authorize the Chairman to sign the attached Agreement between Indian River County and the Sheriff's Office. ATTACHMENTS: Agreement between the Indian River County Sheriff's Office and the Board of County Commissioners. DISTRIBUTION: Indian River County Sheriff's Office Florida Fish and Wildlife Conservation Commission APPROVED AGENDA ITEM FOR SEPTEMBER 17, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640DIAEF\@BCL@640DIAEF.doc 30 AGREEMENT BETWEEN THE INDIAN RIVER COUNTY SHERIFF'S OFFICE AND THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA THIS AGREEMENT is entered into as of the 1st day of October, 2019, by and between the Indian River County Sheriff's Office ("Sheriff") and Indian River County, a political subdivision of the State of Florida ("County"). WHEREAS, the County maintains and operates a Public Shooting Range ("Range") in Indian River County; and WHEREAS, the Sheriff desires to conduct training exercises at the Range for the purpose of fulfilling the training requirements for law enforcement officers of the Sheriff; and WHEREAS, the parties desire to enter into this Agreement setting forth certain terms and conditions relating to the use of the Range by the Sheriff; NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the parties agree as follows: 1. EXCLUSIVE USE: The Sheriff shall have exclusive use of the Range for official training purposes on Wednesdays excepting special events properly noticed by the County under Section 2 of this Agreement. The Sheriff may also use the Range on Tuesdays with advance notification and approval by the Range Manager. The Sheriff will be responsible for providing agency certified firearms instructors to supervise all range activity. The Sheriff will not utilize or deplete any Range inventory including but not limited to targets and ammunition belonging to the Range. Sheriff shall ensure that the public does not access the facilities during the Sheriff's use under this Agreement. Shooting shall be restricted to the designated range line areas unless approved in advance by the Range Manager. 2. RANGE USAGE AND CLOSURE: The Sheriff will provide a quarterly training schedule to the Range Manager prior to utilizing the Range. The Range shall be closed to the public on Tuesdays and Wednesdays for the duration of this agreement except when the Range Manager provides thirty (30) days written notice to the Sheriff of a conflicting special event scheduled by the County during which the Range will not be available for use by the Sheriff. 3. FEE: The Sheriff shall pay an annual flat fee of $ 17,500. The $17,500 annual fee for year 1 shall be due and payable on or before October 1, 2019. The annual of $17,500 for subsequent fiscal years shall be due and payable on October 1St of each successive fiscal year for the duration of this Agreement commencing October 1, 2019. 4. TERM: This Agreement shall begin on the date set forth above and unless terminated by either party according to Section 5 of this Agreement, and will otherwise expire on September 30, 2022. 5. TERMINATION: This Agreement may be terminated with or without cause by either party upon no less than sixty (60) days written notice. If this Agreement is terminated prior to completion of any period for which the Sheriff has paid in advance, any unused portion of the advance payment shall be returned to the Sheriff prorated by the balance of usage remaining in the fiscal year from the date of termination. 6. LIABILITY: The Sheriff shall be liable for the acts or omissions of its own officers, agents and employees and agrees to indemnify, defend and hold harmless the County and its commissioners, officers, employees and agents from and against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys fees at all levels of trial or appellate proceedings) caused by, arising out of, or relating to any act or omission of the Sheriff, or its officers, employees and agents. 31 7. RELATIONSHIP OF PARTIES: The Sheriff shall be responsible for its own acts and omissions. The Sheriff shall not bear any relationship to the County, agency or otherwise, which would render the County liable for the acts or omissions of the Sheriff. 8. ACCESS AND MAINTENANCE: The Sheriff shall be issued keys to the gates and Range building to be utilized solely in connection with the usage authorized by this Agreement. The Sheriff will be responsible for cleanup of the facility after each use including the shooting line areas, grounds, and restrooms. Sheriff agrees to secure the premises at the end of each use and to leave the Range in a suitable condition to open for business to the public. County reserves the right to suspend Sheriff's training activities in order to reasonably address compliance with this Section. 9. NOTICE: Any notice required under this Agreement shall be given in writing and delivered by either hand delivery or U.S. Mail, Certified — Return Receipt Requested, to the following: SHERIFF: Indian River County Sheriffs Office Attn: James G. Harpring — Undersheriff 4055 41st Avenue Vero Beach, FL 32960 COUNTY: Indian River County Attn: Jason Brown, County Administrator 1801 27th Street Vero Beach, FL 32960 10. MODIFICATION: Any modification to this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year as reflected herein. INDIAN RIVER COUNTY SHERIFF'S OFFICE By: DERYL LOAR, SHERIFF INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY By: BOB SOLARI, CHAIRMAN APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS AND LEGAL SUFFICIENCY By: By: JASON E. BROWN DYLAN REINGOLD COUNTY ADMINISTRATOR COUNTY ATTORNEY 32 (,..,la, b CONSENT AGENDA BCC Meeting 9/17/2019 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services Parks & Conservation Resources Date: To: September 10, 2019 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director Parks & Conservation Resources From: Beth Powell, Asst. Director Parks & Conservation Resources Subject: Notice of Grant Award from the Florida Department of Environmental Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ219 DESCRIPTIONS AND CONDITIONS: On November 15, 2018, staff applied for and was subsequently awarded a $50,000 FY2019/2020 Coastal Partnership Initiative (CPI) Grant through the Florida Department of Environmental Protection for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration. The CPI grant program provides National Oceanic & Atmospheric Administrative (NOAA) funding to local governments and organizations throughout the 35 coastal counties in Florida for the purpose of funding projects in four program areas: • Resilient Communities • Public Access • Working Waterfronts • Coastal Stewardship The Jones' Pier Conservation Area Wetlands and Hammock Restoration Project was one of five projects selected for funding. The CPI funding will leverage existing County funding to complete the saltmarsh wetland and hammock restoration that is currently in the final stages of design and expected to be bid this fall. THE PROJECT: The State of Florida, Department of Environmental Protection Standard Grant Agreement with Indian River County provides a $50,000 federal reimbursement with a County cash match of $50,000. The term of the agreement ends December 31, 2020. Task 1 is to construct the Saltmarsh wetland and Task 2 is to complete the restoration of the Hydric Hammock. FUNDING: Jones' Pier Conservation Area is funded in the Capital Improvement Plan of the Comprehensive Plan through a combination of funding from the Windsor Properties Exchange Donation, Optioxi Sales Tax, and the Native Uplands Fund. The project account that would provide the $50,000 match is proposed through Native Uplands/Parks/Jones Pier Improvements Acct #12721037- 033490-18010. Funding Description Account Number Amount FL DEP Coastal Partnership Initiative $50,000 MSTU/Parks/Jones Pier Improvements 12721037-033490-18010 $50,000 $100,000 RECOMMENDATION: Staff respectfully requests that the Board accept the Florida Department of Environmental Protection Coastal Partnership Initiative grant agreement for the Jones' Pier Conservation Area Wetland and Hammock Restoration Project, Agreement Number CZ219 and authorize the Chairman to execute the Standard Grant Agreement between the State of Florida, Department of Environmental Protection and Indian River County. Attachments: e Florida Department of Environmental Protection Coastal Partnership Initiative Standard Grant Agreement Number CZ219 — Jones' Pier Conservation Area Wetland and Hammock Restoration Project e Indian River County Grant Form Jones' Pier Conservation Area Wetland and Hammock Restoration Project — CPI Agreement CZ219 APPROVED AGENDA ITEM FOR SEPTEMBER 17, 2019 34 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Jones' Pier Conservation Area Wetland and Hammock Restoration Project Agreement Number: CZ219 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Board of County Commissioners Entity Type: Local Government Grantee Address: 5500 77th Street, Vero Beach, FL 32967 FEID: 56-6000674 (Grantee) 3. Agreement Begin Date: Upon Execution Date of Expiration: December 31, 2020 4. Project Number: CZ219 (If different from Agreement Number) Project Description: Restoration of the site to create a locally rare high marsh community and transitional hammock that will provide diverse habitat, increase biodiversity, improved wildlife habitat and will adapt to the changing environment. Project Location(s): Jones' Pier Conservation Area in St. Johns County 5. Total Amount of Funding: $50,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ❑ State (AFederal CFDA # 11.419 $50,000.00 ❑ State ❑Federal ❑ Additional Attachments (if necessary): V Exhibit A: Progress Report Form Iii Grantee Match 2 Exhibit C: Payment Request Summary Form $50,000.00 Total Amount of Funding + Grantee Match, if any: $100,000.00 6. Department's Grant Manager Name: Tiffany Herrin or successor Address: 3900 Commonwealth Blvd. MS235 Tallahassee, FL 32399 Phone: 850-245-2953 Email: Tiffany.Herrin@FloridaDEP.gov Grantee's Grant Manager Name: Beth Powell or successor Address: 5500 77th Street Vero Beach , FL 32967 Phone: 772-226-1873 Email: bpowell@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements WI Attachment 2: Special Terms and Conditions t 1 Attachment 3: Grant Work Plan IZ Attachment 4: Public Records Requirements ® Attachment 5: Special Audit Requirements 121 Attachment 6: Program -Specific Requirements WI Attachment 7: NA19NOS4190064 Grant Award Terms (Federal) *Copy available at https://facts.tldfs.com in accordance with §215.985, F.S. Z Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): V Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo Z Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form DEP Agreement No. CZ219 Sc. 6/20/18 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): NA19NOS4190064 Federal Award Date to Department: 7/1/19 Total Federal Funds Obligated by this Agreement: $2,894,000.00 Federal Awarding Agency: Department of Commerce Award R&D? ❑ Yes ❑� N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County Board of County Commissioners GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing LEGAL REVIEWING ENTITY By Authorized Signature) Date Signed Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. CZ219 jr. 6/20/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev. 6/19/2019 37 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to .perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev. 6/19/2019 38 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.mvfloridacfo.com/Division/AA/Manuals/Auditing/Reference Guide For State Expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Attachment 1 3 of 11 Rev. 6/19/2019 39 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or. reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting Attachment 1 4 of 11 Rev. 6/19/2019 40 period. Quarterly status reports are due no later than five (5) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for Attachment 1 5 of 11 Rev. 6/19/2019 41 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice Attachment 1 6 of 11 Rev. 6/19/2019 42 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Attachment 1 7 of 11 Rev. 6/19/2019 43 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8 of 11 Rev. 6/19/2019 44 b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos. myflori da.c om/library-archives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.com\fsaa. Attachment 1 9 of 11 Rev. 6/19/2019 45 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely Liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products Attachment 1 10 of 11 Rev. 6/19/2019 46 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 6/19/2019 47 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. CZ219 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is to help Indian River County enhance the Jones' Pier Conservation Area by restoring the wetlands and hammock phase of the project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on or after the Section 306A Project Checklist approval date through the end date of this Agreement. No, work may commence and no funds may be expended on any Section 306A funded project until the Department and National Oceanic and Atmospheric Administration (NOAA) have approved the Section 306A Project Checklist, available online at: https://coast.noaa.gov/czm/media/checklist306a.pdf and hereby incorporated by reference. This Agreement may be amended to provide for additional services if additional funding is made available by NOAA and/or the Florida Legislature. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ►1 Contractual (Subcontractors) O ❑ Travel, in accordance with Section 112, F.S. ❑ 0 Equipment O 0 Rental/Lease of Equipment O 0 Miscellaneous/Other Expenses O 0 Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. Attachment 2-CZ219 1 of Rev. 6/14/19 48 7. Match Requirements The Agreement requires 1:1 match on the part of the Grantee. Therefore, the Grantee is responsible for providing $50,000 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made upon execution or after for purposes of meeting its match requirement as identified above. Each payment requestsubmitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be $200,000 for each person and $300,000 forr each occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440, F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager exceptfor certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2-CZ219 2 of 2 Rev. 6/14/19 49 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: CZ219 ATTACHMENT 3 Project Title: Jones' Pier Conservation, Area Wetland and Hammock Restoration Project Grantee Contact Information: Organization Name: Indian River County Board of County Commissioners Chief Elected Official or Agency Head: Michael Zito Title: Assistant County Administrator Address: 1801 27th Street City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: (772) 226-1410 Area Code and Facsimile Machine Telephone Number: (772) 589-6119 E -Mail Address: mzito@ircgov.com Grant Manager Contact Information: Organization Name: Indian River County Board of County Commissioners Name: Beth Powell Address: 5500 77th Street City: Vero Beach Zip Code: 32967 Area Code and Telephone Number: (772) 226-1873 Area Code and Facsimile Machine Telephone Number: (772) 589-6119 E -Mail Address: bpowell@ircgov.com Fiscal Agent Contact Information: Organization Name: Indian River County Board of County Commissioners Name: Elissa Nagy, Finance Director Address: 1801 27th Street City: Vero Beach Zip Code: 32960 Area Code and Telephone Number: (772) 226-1570 Area Code and Facsimile Machine Telephone Number: (772)770-5331 E -Mail Address: enagy@clerk.indian-river.org FEID No.: 59-6000674 DUNS No.: 079208989 Attachment 3, DEP Agreement #: CZ219 1 of 3 Rev. 6/14/2019 50 LOCATION: 7770 Jungle Trail, Vero Beach, FL 32963 PROJECT BACKGROUND: This property was acquired by the County in 2008 with assistance from Florida Communities Trust. A management plan (recently updated) outlines various public access facilities to be incorporated into the site design. Proposed amenities include parking, restroom, pavilion, walking trails, boardwalks, and ecological enhancement projects. This grant will assist the County with the construction of a 4 -acre high marsh community and transitional hammock that will provide diverse habitat, increased biodiversity, improved wildlife habitat, and will adapt to the changing environment. PROJECT DESCRIPTION: The project includes construction of a 4 -acre salt marsh that will receive pumped Lagoon waters and circulating these waters through an estuarine system that will remove nutrients, suspended solids, and other pollutants prior to discharge back into the Lagoon. Adjacent to this salt marsh the County is restoring a hammock that was heavily invaded by exotic species. The hammock/flow-way marsh community to be restored will provide filtration (where feasible) of untreated stormwater from an existing perimeter ditch that currently discharges directly into the lagoon. Through this habitat enhancement project, the County envisions a mulit-faceted project that improves local water quality in the Lagoon, provides foraging and roosting areas for a variety of listed and non -listed species, creates nursery habitat for fish, improves shoreline conditions, and provides passive recreation and educational opportunities for the public. TASKS and DELIVERABLES: Task #1: Construction of Salt Marsh Task Description: This task will involve site clearing, excavation/grading, and planting of a 4 -acre salt marsh. Influent and effluent structures under Jungle Trail, as well as fish friendly pump will be installed to maintain hydrology. A water control structure will be constructed at the discharge point from the wetland into an adjacent ditch (which drains into the Lagoon). Deliverables: Executed contract for the construction, signed acceptance of the completed work by the Grantee and certified by the Engineer of record. Before, during and after photos of the construction of the Salt Marsh. Task #2: Construction of Hydric Hammock Restoration Task Description: This task will involve excavation/grading, and planting of the hydric hammock. Influent and effluent structures will be installed to maintain hydrology. Deliverables: Executed contract for construction and signed acceptance of the completed work by the Grantee and certified by the Engineer of record. Before, during and after photos of the hammock restoration project. Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of the task and Department approval of all associated task deliverables. Attachment 3, DEP Agreement #: CZ219 2 of 3 Rev. 4/30/2018 51 PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Task No. Task or Deliverable Title Deliverable Due Date 1 Construction of Salt Marsh 6/30/20 2 Construction of Hammock restoration 6/30/20 BUDGET DETAIL BY TASK: Categories Task 1 Task 2 Totals Contractual Services $20,000 $30,000 $50,000 Match Total $20,000 $30,000 $50,000 Total 540,000 $60,000 5100,000 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Match funding shall be provided in the categories indicated below. Category Totals Grant Funding, Not to Exceed, $ Match Funding, $ Total Project Funding Contractual Services Total $50,000 $50,000 $100,000 Total: 550,000 550,000 $100,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 3, DEP Agreement #: CZ219 3 of 3 Rev. 4/30/2018 52 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails,to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Depai laient upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to. Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@a,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 53 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the interne at www.cfda.gov Attachment 5 1 of6 BGS -DEP 55-215 revised 7/254 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S:; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.mvflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS-DEP.55-215 revised 7/255 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@,dep. state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS-DEP.55-215 revised 7/£16 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 7/2sa EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: s Agreement Consist of the Following: State Appropriation Category State Appropriation Category First Compliance requirement: i.e.: (what services of purposes resources must be used for) Funding Amount U UY First Compliancerequirement: i.e.: (what services of purposes resources must be used for) Funding Amount 69 W N E-4 Q w C..) W Federal Program A CFDA Title Federal Program B Federal Resources Awarded to the Recipient Pursuant to thi CFDA Number CFDA Number Federal Agency Federal Agency Federal Program A Federal Program B 00 First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) U UY First Compliancerequirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. W W W Federal Program A Federal Program B 00 ursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: State Appropriation Category 140061 State Appropriation Cate.to Funding Amount O O 00 M 0 N 69 Funding Amount Funding Amount CFDA Title Coastal Zone Management Administration Awards CSFA Title or Funding Source Description CFDA Title CSFA Title or Funding Source Description Q U ON - Total Award Q 0 State Resources Awarded to the Recipient P Federal Agency U.S. Department of Commerce — National Oceanic and Atmospheric Administration 16 Federal Agency State Fiscal Year Federal Program A Original Agreement. 0 Federal Program B ursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Appropriation Cate:o State Appropriation Category Funding Amount Funding Amount 69 CSFA Title or Funding Source Description CSFA Title or Funding Source Description Total Award CSFA Number CSFA Number 16 State Fiscal Year 0 ICI10 C/D U w State Resources Awarded to the Recipient P State Awarding Agency State Awarding Agency State Program A d CI CIte g1:1 w O LoW ¢1)(I) U w C W :--1• d .f 0 U 1 U v n O pO U s N U O N ct v) U • 0..)a� .b w • F'• U • 0 0 b ca 5 0 74 U U 1 cC ;_ict U N � r... 0 0 OU N 0 •0 0 • N O .0) 'O ,o b cip 0. a 0 U LS, o U 0) U c ro 0) E u 10 41-4 0 0 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS FOR THE FLORIDA COASTAL MANAGEMENT PROGRAM ATTACHMENT 6 1. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state or local laws. Further the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. 2. The following is added to paragraph 8.h., Annual Appropriation Contingency, Attachment 1, Standard Terms and Conditions: The State's performance and obligation to pay under this Agreement is also contingent upon the availability of federal funding and grants from NOAA. 3. The following replaces paragraph 10., Status Reports, Attachment 1, Standard Terms and Conditions: a. Quarterly Reports. The Grantee shall submit status reports quarterly on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than five (5) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. b. Final Project Report. The Grantee shall also submit a Final Project Report utilizing Exhibit F, Final Project Report Form, attached hereto and made a part hereof, along with the final quarterly progress report. If the Grant Work Plan requires a Final Report, the Grantee will report those expenditures to the Department in the Final Report, as required. A draft of the Final Project Report shall be submitted electronically to the Department's Grant Manager for approval. After approval by the Department's Grant Manager, one (1) electronic copy of the Final Project Report shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. 4. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement, Attachment 3, Grant Work Plan, and all other attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Coastal Partnership Initiative program for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of the Agreement end date and notify the Grantee in writing if determined ineligible. 5. Copyright, Patent and Trademark. The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and the Department reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal and state government purposes: a. The copyright in any work developed under a grant or contract under a grant. b. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support. c. All patent rights, copyrights and data rights must be in accordance with 2 CFR §200.315 and 37 CFR Part 401, as applicable. Attachment 6 1 of 3 Rev. 6/27/2018 60 6. Geospatial Data Collection and Sharing. a. Environmental data and information collected and/or created under this Agreement will be made visible, accessible and independently understandable to users, free of charge or at minimal cost, in a timely manner (typically no later than two (2) years after the data are collected or created), except where limited by law, regulation, policy or security requirements. b. The Data/Information Sharing Plan (and any subsequent revisions or updates) will be made publicly available at the time of award and, thereafter, will be posted with the published data. Environmental data and information produced under this award and which are made public must be accompanied by the following statement: "These environmental data and related items of information have not been formally disseminated by NOAA and do not represent and should not be construed to represent any agency determination, view, or policy." Current Federal Geospatial Data Committee (FGDC) standards can be found at: http://www.fgdc.gov/metadata/csdgm/. Metadata that conforms to the proposed North American Profile of the International Organization for Standardization 19115, which may be adopted by the FGDC, is also acceptable. c. NOAA may, at its own discretion, use information from the Data/Information Sharing Plan to produce a formal metadata record and include that metadata in a catalogue to indicate the pending availability of new data. Failing to share environmental data and information in accordance with the submitted Data/ Information Sharing Plan may lead to disallowed costs and be considered by NOAA when making future award decisions. 7. Publications, Photographs, Audiovisuals & Signs. a. Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department's Grant Manager for review and approval. This does not apply to the required quarterly reports referred to in paragraph 10 of Attachment 1, Standard Terms and Conditions. b. Publications, printed reports (other than the scientific, technical, or professional publications as identified in 7.c., below), audiovisuals (including videos, slides, and websites except that unless required under special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public) or similar materials must include the NOAA, Department and Florida Coastal Management Program (FCMP) logos (logos, which can be found at the Department's website at https://floridadep.gov/fco/fcmp/content/grants or by contacting the Department's Grant Manager for a copy) and the following statement on the cover or the first page: "This (report/video/website/publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Coastal Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No NA19NOS41.90064. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA, the U.S. Department of Commerce, or any of their subagencies." The next printed line shall identify the month and year of the publication. The Grantee must receive approval in writing from the Department's Grant Manager before beginning production and distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. The Grantee must apply for approval at least thirty (30) days in advance. The Grantee must also provide the Department's Grant Manager with shooting scripts, Exhibit G, Photographer & Model Release Forms (if applicable), and provide two (2) copies of the final audiovisual (e.g., video, slides, etc.) upon completion. Attachment 6 2 of 3 Rev. 6/27/2018 61 c. Publication of the results of research projects in appropriate professional journals is encouraged as an important method of recording and reporting scientific information. The Grantee is required to submit a copy to the Department when releasing information related to a funded project, which includes a statement that the project or effort undertaken was or is sponsored by the U.S. Department of Commerce. The Grantee is also responsible for assuring that every publication of material (including internet sites) based on or developed under an award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the statement shown. in paragraph 7.b., above. d. Sign Requirements for Construction Projects. The Grantee shall erect a sign at the site of any construction project, maintain it during construction and must remain at the site permanently. This requirement shall survive the completion date of the Agreement as established in the Standard Grant Agreement. The sign must be at least 2' x 3' in size; the colors should complement the surrounding area; and must include the NOAA, Department and FCMP logo (available online at https://floridadep.gov/fco/fcmp/content/grants) and the following language: "The Florida Coastal Management Program funded this project with a grant from the NOAA Office of Coastal Management awarded under the Coastal Zone Management Act." The next printed line shall identify the completion month and year of the project. e. Acknowledgment Requirement for Interpretive Signs & Banners. Interpretive signs and banners must include the NOAA, Department and FCMP logos.. Attachment 6 3 of 3 Rev. 6/27/2018 62 ATTACHMENT 8 Contract Provisions for Department of Commerce (DOC) Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative, Contractual, and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to furnish •information. Attachment 8 Page 1 of 5 Rev. 6/14/2019 63 iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part .by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the Non -Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by: Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Attachment 8 Page 2 of 5 Rev. 6/14/2019 64 7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387) If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 8. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." 9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) If the Federal funds exceed $100,000, the Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal funds that takes place in connection with. obtaining any Federal award, using form SF -LLL, available at: https://apply07.grants.gov/apply/forms/sample/SFLLL 1 2 P- V 1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Grantees shall comply with regulations listed in 2 CFR Part 200, 2 CFR Part 1326, 48 CFR Part 31 and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Grantees, their employees, subrecipients under this award, and subrecipients' employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in performance of the award or subawards under the award. 14. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) Grantee must comply with flood insurance requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Water Resources Reform and Development Act (WRRDA) P.L. 113-121 Grantees must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121, if applicable. This act provides for improvements to the rivers and harbors for the United States, to provide for. the conservation and development of water and related resources. 16. Whistleblower Protection Grantees shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013, and effective December 14, 2016, has been permanently extended (Public Law (P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this clause, including this paragraph (c) in any subwards and contracts awarded prior to the effective date of this provision. 17. Notification of Termination (2 CFR § 200.340) Attachment 8 Page 3 of 5 Rev. 6/14/2019 65 In accordance with 2 CFR §,200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Grantee's or subcontractor's material failure to comply with the Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system, accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Recipient will notify the Grantee of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon termination and following termination 18. Additional Lobbying Requirements i. The Grantee certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. ii. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. § 1601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs orto contracts awarded using proper procurement procedures. iii. Pursuant. to 2 CFR § 200.450 and 2 CFR § 200.454€, the Grantee is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19. Assurances Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the Federal Government during the Grant application process. 20. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms Grantee shall take all affirmative steps necessary to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible, including those steps listed in 2 CFR § 200.321(b). FEDERAL REPORTING REQUIREMENTS Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF COMMERCE -SPECIFIC 21. Department of Commerce (DOC) Financial Assistance Terms and Conditions Grantees shall comply with the U.S. Department of Commerce Financial Assistance Terms and Conditions, available online (http://www.osec.doc.gov/oam/grants management/policy/default.htm) and incorporated by reference. 22. DOC Regulations Grantee shall comply with the following regulations: 2 CFR 1300-1399, 15 CFR 8, 15 CFR 8a, 15 CFR 8b, 15 CFR 13, 15 CFR 20, and 15 CFR 28 23. Drug -Free Workplace Grantee must make an on-going, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 2 CFR Part 1329. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 24. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 25. Property Management Requirements If the purchase of equipment is authorized under paragraph 20 of this Agreement, then the Grantee shall comply with the property management requirements set forth in 2 CFR §200.313. An inventory of all personal property/equipment Attachment 8 Page 4 of 5 Rev. 6/14/2019 66 purchased under this Agreement shall be completed at least once every two (2) years and submitted to the Department's Grant Manager no later than January 31st for each year this Agreement is in effect. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)-SPECIFIC 26. Scientific Integrity, as established in the Department of Commerce Financial Assistance Alert 16- 02 (January 13, 2016) The NOAA Acquisition and Grants Office (AGO) has established the following policy to provide appropriate protections for all NOAA grants, financial assistance awards, and cooperative agreements: a. Maintaining Integrity. The recipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b. Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c. In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the recipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at http://nrc.noaa.gov/ScientificIntegrityCommons.aspx. d. Primary Responsibility. The recipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e. By executing this grant, financial assistance award, or cooperative agreement the recipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct. f. The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. 26. Investigating Scientific Integrity or Scientific and Research Misconduct a. Inhibiting Investigation. If the recipient or subrecipient determines that there is sufficient evidence to proceed to an investigation, it shall notify the grants office and, unless otherwise constructed, the recipient or subrecipient shall: i. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. ii. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research misconduct, obtain adjudication by a neutral third -party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions. b. Finalizing Investigation. When the investigation is complete, the recipient shall forward to the grants officer a copy of the evidentiary record, the investigative report, any recommendations made to the recipient adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). 27. Findings and Corrective Actions If the recipientfinds that scientific integrity has been violated or scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and b. Coordinate remedial action with the grants officer. Attachment 8 Page 5 of 5 Rev. 6/14/2019 67 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: CZ219 Grantee Name: Indian River County Board of County Commissioners Grantee Address: 5500 77th Street, Vero. Beach, FL 32967 Grantee's Grant Manager: Beth Powell Telephone No.: 772-226-1873 Project Title: Jones' Pier Conservation Area Wetland and Hammock Restoration Project Reporting Period: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems 'encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. CZ219 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, DEP Agreement #: CZ219 1 of 1 Rev. 5/30/2017 Date 68 EXHIBIT C PART 1 - PAYMENT. REQUEST FORM DEP Agreement No. CZ219 Payment Request No. } 1 Request Date: r Project Title: Jones' Pier Wetland and Hammock Restoration Project Grantee's Grant Manager Name: Grantee Name & Mailing Address for Payment: Beth Powell 5500 77th Street Vero Beach, FL 32967 Task No.: 1 j Total Amount(s) Requested: 1 Performance Period - Date Range: (Start date- End date) } } GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE (As authorized) AMOUNT OF THIS REQUEST CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST CUMULATIVE MATCHING FUNDS Salaries/Wages Fringe Benefits Indirect Cost Contractual (Subcontractors) Travel Equipment (Direct Purchases) Rental/Lease of Equipment Miscellaneous/Other Expenses Land Acquisition TOTAL AMOUNT $ - $ - $ - $ - TOTAL TASK/DELIVERABLE BUDGET AMOUNT Less Total Cumulative Payment Request of: $ $ $ - TOTAL REMAINING IN TASK $ - GRANTEE CERTIFICATION 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DO NOT ATTEMPT TO MODIFY THIS FORM Note: Shaded areas auto calculate. 69 Exhibit C- Part 1 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C - PART 1 PAYMENT REQUEST FORM INSTRUCTIONS DEP AGREEMENT NO.: This is the number on your grant agreement that starts with C####. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF REQUEST: This is the date you are submitting the report to DEP. PROJECT TITLE: This should be the project title that is listed on your grant agreement. GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement. GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address to which you want the state warrant (payment) sent. TASK NO.: Enter the number of the DELIVERABLE for which you are requesting payment. TOTAL AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS CLAIM" column. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period requesting reimbursement for. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REOUEST" COLUMN: Enter the amount that was paid out for all listed deliverables during the invoice period for which you are requesting reimbursement. This must be by budget category as in the currently approved budget in Attachment 3 (Grant Work Plan), or amended of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Nan-ative section of Attachment 3. DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter the FCMP budget amount on the "GRANT BUDGET AMOUNT" line. "TOTAL CUMULATIVE FCMP CLAIMS" COLUMN: Enter the cumulative amounts that have been claimed to date for FCMP expenses by budget category. The final report should show the total of all claims, first claim through the final claim, etc. "MATCHING FUNDS CLAIMED" COLUMN": If applicable, enter the amount to be claimed as match for the reporting period. This needs to be shown under specific budget categories according tot what is in the currently approved Attachment 3 (Grant Work Plan). Enter the match budget amount on the "GRANT BUDGET AMOUNT" line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. NOTE: DO NOT ENTER ANYTHING IN THE TABLE'S SHADED AREAS AS THEY ARE AUTO CALCULATED. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. Required Back-up Documentation for each Deliverable: Exhibit C - Part 2 - Invoice Report Detail for Reimbursement for each deliverable. Exhibit C - Part 3 - Match Schedule Report for each deliverable. Copies of Invoices (Not applicable to state agencies) Copies of canceled checks (Not applicable to state agencies) Copies of Travel Reimbursements (if applicable) FLAIR Report (State agencies only) Copies of Volunteer Logs (if applicable) Copies of all In -Kind Donations NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form (available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form, provided it has been approved by the Florida Department of Financial Services.) **PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment.** Questions regarding completion of the Payment Request Fonn should be directed to the Department's Grant Manager, identifying on Page 1 of the Agreement. Part 1- Instructions 70 EXHIBIT C - PART 2 INVOICE REPORT DETAIL 0\ • N N U SALARIES 1 AMOUNT CLAIMED FRINGE BENEFITS AMOUNT CLAIMED :ECT CHARGES TOTAL INDIRECT AMOUNT AMOUNT - CLAIMED Total Indirect Charges S - 1 CONTRACTUAL (Subcontractors) AMOUNT CLAIMED e) Gr] g AMOUNT CLAIMED PROOF OF PAYMENT PROVIDED Total Salaries PROOF OF PAYMENT PROVIDED Total Fringe Benefits PROOF OF PAYMENT PROVIDED Total Contractual Services PROOF OF PAYMENT PROVIDED PAYMENT TYPE USED PAYMENT TYPE USED PAYMENT TYPE USED PAYMENT TYPE USED O a 0 G aa.. A a c Q 9 . aa. O TOTAL AMOUNT PAID EARNED CHECK/ AMOUNT TRANSACTION AMOUNT AMOUNT PAID EMPLOYEE NAME TOTAL AMOUNT PAID EARNED AMOUNT . w w cv w SUB- SUB- CONTRACTORS CONTRACTORS INVOICE DATE INVOICE N HOURS WORKED HOURLY RATE } < w 0 O e EMPLOYEE NAME EMPLOYEE NAME SUB -CONTRACTOR NAME DESCRIPTION OF WORK PERFORMED DESCRIPTION OF WORK PERFORMED DESCRIPTION OF GOODS/SERVICES PROVIDED DESTINATION & PURPOSE DATE WORK ENDED DATE WORK ENDED DATE WORK COMPLETED 1.11 >Q < W F0 W w < 0 DATE WORK STARTED DATE WORK STARTED DATE WORK STARTED DATE TRAVEL STARTED r Exhibit C - Part 2 EXHIBIT C - PART 2 INVOICE REPORT DETAIL fl rn N N O Exhibit C - Part 2 fn I EQUIPMENT PURCHASED OR RENTAL/LEASE AMOUNT CLAIMED Gn MISCELLANEOUS/OTHER EXPENSES AMOUNT CLAIMED in 1 1 Total Travel Charges PROOF OF PAYMENT PROVIDED Total Equipment Charges PROOF OF PAYMENT PROVIDED Total Other Charges PAYMENT TYPE USED PAYMENT TYPE USED x U¢ NCx U CHECK/ VOUCHER NUMBER CHECK/ VOUCHER NUMBER z 0 F r TRANSACTION DATE Z oa UW CO ' z TRANSACTION NUMBER INVOICED AMOUNT INVOICED AMOUNT VENDOR NAME VENDOR NAME DESCRIPTION OF EQUIPMENT PURCHASED DESCRIPTION OF GOODS/SERVICES PURCHASED VENDOR INVOICE DATE u] U w O 4 J p C CC 0 U U q 5 9. O Exhibit C - Part 2 Exhibit C Payment Request Summary Form -CZ219 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C - PART 2 INVOICE REPORT DETAIL INSTRUCTIONS DEP AGREEMENT NO.: This field will auto populate based on the DEP grant agreement number entered on Exhibit C - Part 1. TASK AMOUNT REQUESTED: This field will auto populate after entering in all the detail information into the report, to reflect the total requesting for reimbursement. TASK NO.: This field will auto populate based on the deliverable number entered on Exhibit C - Part 1. PROJECT TITLE: This field will auto populate based on the grant agreement title entered on Exhibit C - Part 1. PERFORMANCE PERIOD: This field will auto populate based on the Performance Period dates entered on Exhibit C - Part 1. NOTE: All shaded areas will automatically populate with each categories totals, based on the detail information that you provide for each line item. SALARIES: Provide an itemized listing of expenditures for Salaries, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. FRINGE BENEFITS: Provide an itemized listing of expenditures for Fringe Benefits, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. INDIRECT CHARGES: Provide the amount of the indirect to be charged to this Deliverable, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. CONTRACTUAL SERVICES: Provide an itemized listing of expenditures for Contractual Services, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. TRAVEL: Provide an itemized listing of expenditures for Travel, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. EQUIPMENT: Provide an itemized listing of expenditures for Equipment, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. MISCELLANEOUS EXPENSES: Provide an itemized listing of all other miscellaneous expenses, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. Required Back-up Documentation for each deliverable: EXHIBIT C - PART 2 - INVOICE REPORT DETAIL IS REQUIRED FOR EACH DELIVERABLE. Copies of Invoices (Not applicable to state agencies) Copies of canceled checks (Not applicable to state agencies) FLAIR Report (State agencies only) Copies of Volunteer Logs (if applicable) ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** Part 2 -Instructions Page 5 EXHIBIT C - PART 3 MATCH SCHEDULE o ce EE o LJ C Nn AMOUNT CLAIMED Total Salaries 1$ FRINGE BENEFITS AMOUNT CLAIMED 1 Total Fringe Benefits 1 S INDIRECT CHARGES INDIRECT % RATE TOTAL INDIRECT AMOUNT DESCRIPTION OF INDIRECT COST DATES UTILIZED (OF SALARY + AMOUNT CLAIMED FRINGE) Total Indirect Charges $ - CONTRACTUAL Subcontractors) DATE WORK DATE WORK DESCRIPTION OF GOODS/SERVICES SUIS -CONTRACTOR SUB- SUR- PAYMENT TYPE PROOF OF PAYMENT AMOUNT STARTED COMPLETED PROVIDED NAME CONTRACTORS CONTRACTOR'S AMOUNT PAID DATE PAID USED PROVIDED CLAIMED INVOICE DATE INVOICE N Total Contractual Services 1 $ TRAVEL AMOUNT CLAIMED PROOF OF PAYMENT PROVIDED PROOF OF PAYMENT PROVIDED PROOF OF PAYMENT PROVIDED Total Travel Charges PAYMENT TYPE USED PAYMENT TYPE USED PAYMENT TYPE USED a 0 o 0 0 0 TOTAL AMOUNT PAID EARNED CI NECK/ AMOUNTTRANSACTION AMOUNT EMPLOYEE NAME TOTAL AMOUNT PAID EARNED AMOUNT HOURS WORKED HOURLY RATE %OF SALARY EMPLOYEE NAME EMPLOYEE NAME DESCRIPTION OF WORK PERFORMED DESCRIPTION OF WORK PERFORMED DATE TRAVEL DATE TRAVEL DESTINATION & PURPOSE STARTED ENDED DATE WORK ENDED DATE WORK ENDED DATE WORK STARTED DATE WORK STARTED Exhibit C Payment Request Summary Form -CZ219 I EQUIPMENT PURCHASED OR RENTAL/LEASE VENDOR CHECK/ VENDOR INVOICED TRANSACTION TRANSACTION CIIECK PAYMENT TYPE PROOF OF PAYMENT AMOUNT INVOICE fl INVOICE DESCRIPTION OF EQUIPMENT PURCHASED VENDOR NAME VOUCHER DATE AMOUNT NUMBER DATE NUMBER AMOUNT USED PROVIDED CLAIMED 1 Total Equipment Charges S MISCELLANEOUS/OTHER EXPENSES AMOUNT CLAIMED es PROOF OF PAYMENT PROVIDED Total Other Charges. 1 r ri 1 im r CIIECK AMOUNT. CIIECK/ VOUCl1ER NUMBER TRANSACTION DATE TRANSACTION NUMBER 0 U 0 O m i z C O 0 7_ W > DESCRIPTION OF GOODS/SERVICES PURCHASED INVOICE DATE 41 U O 7_ Exhibit C Payment Request Summary Form -CZ219 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C - PART 3 MATCH SCHEDULE FORM INSTRUCTIONS DEP AGREEMENT NO.: This field will auto populate based on the DEP grant agreement number entered on Exhibit C - Part 1. TASK NO.: This field will auto populate based on the deliverable number entered on Exhibit C - Part 1. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. TASK MATCH AMOUNT CLAIMED: This field will auto populate based on the details provided in the tables below. PROJECT TITLE: This field will auto populate based on the grant agreement title entered on Exhibit C - Part 1. PERFORMANCE PERIOD: This field will auto populate based on the Performance. Period dates entered on Exhibit C - Part 1. NOTE: All shaded areas will automatically populate with each categories totals, based on the detail information that you provide for each line item. SALARIES: Provide an itemized listing of expenditures for Salaries, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. FRINGE BENEFITS: Provide an itemized listing of expenditures for Fringe Benefits, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. INDIRECT CHARGES: Provide the amount of the indirect to be charged to this Deliverable, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. CONTRACTUAL SERVICES: Provide an itemized listing of expenditures for Contractual Services, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. TRAVEL: Provide an itemized listing of expenditures for Travel, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. EQUIPMENT: Provide an itemized listing of expenditures for Equipment, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. MISCELLANEOUS EXPENSES: Provide an itemized listing of all other miscellaneous expenses, if applicable. Complete all fields listed for the section, for the task requesting reimbursement on. EXHIBIT C - PART 3 - MATCH SCHEDULE IS REQUIRED FOR EACH DELIVERABLE. **PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment** Exhibit C Payment Request Summary Form -CZ219 76 EXHIBIT F DEP AGREEMENT NO. CZ219 Jones' Pier Wetland and Hammock Restoration Project Indian River County Board of County Commissioners Final Project Report pTMOSp 9/c 0 11UMt1 , Q O G Zv .6., "3-1,0 "This (report/video/website/publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office for Coastal Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. . The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies." Month & year Exhibit F, DEP Agreement #: CZ219 1 of 4 Rev. 3/11/2019 77 Final Project Report Jones' Pier Wetland and Hammock Restoration Project Executive Summary Methodology Exhibit F, DEP Agreement #: CZ219 2 of 4 Rev. 3/11/2019 78 Outcome Further Recommendations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F, DEP Agreement #: CZ219 3 of 4 Rev. 3/11/2019 79 INSTRUCTIONS FOR COMPLETING ATTACHMENT F FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ###. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement. Please limit final project report to no more than five pages. One electronic copy shall be submitted to the Department's Grant Manager, for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified on page 1 of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F, DEP Agreement #: CZ219 4 of 4 Rev. 3/11/2019 80 Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT No. CZ219 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name Address City State Zip Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being submitted and am 18 years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith ("the Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to, promotion of the Florida Department of Environmental Protection, including, but not limited to, through publications, websites, social media venues and advertisements and distributed to the media and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner Signature: Date: Photo/Video/Audio/Artwork Recording Filename(s): Location of photo/video/audio recording/artwork: Name of Person Accepting Work Submission: Exhibit G, DEP Agreement #: CZ219 1 of 1 Rev. 5/1/2019 81 GRANT NAME: Jones' Pier Conservation Area Wetland and Hammock Restoration Project GRANT # AMOUNT OF GRANT: $50,000 DEPARTMENT RECEIVING GRANT: Parks & Conservation Resources Division, General Services Dept. CONTACT PERSON: Beth Powell TELEPHONE: 772-226-1873 1. How long is the grant for? 1 year - December 31, 2020 Starting Date: upon BCC authorization 9/17/19 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant 50 5. Grant match amount required $ 50,000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? contractual services budgeted through CIE for project construction 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ 100,000 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 100,000 Elizabeth Powell %"E'�°"`°"° oN:crosinebRoa.. Powell on Signature of Preparers ��,:20;a00.;o,e:N:0.0iW oirlNien Rear Date: 82 Grant Amount Other Match Costs Not Covered Match Total First Year $ 50,000 $ $ 50,000 $ 100,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Elizabeth Powell %"E'�°"`°"° oN:crosinebRoa.. Powell on Signature of Preparers ��,:20;a00.;o,e:N:0.0iW oirlNien Rear Date: 82 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 22, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Termination and Re -Award of Bid# 2019059 — Containment Coating at NCRO Facility BACKGROUND: On July 9, 2019, the Board approved the award of Containment Coating at NCRO Facility to Citrus Sandblast, LLC, as the lowest responsive and responsible bidder in the amount of $23,740. ANALYSIS: On July 22, 2019, staff was notified by the awarded bidder their bid price did not include a scope change made in the first of two issued and acknowledged addenda to the bid documents. They requested modification of the work back to the original scope to hold the awarded price. Staff denied the request and was informed by Citrus that they will not execute the agreement to complete the work. Because their bid was below the bid bond threshold, there is no security to hold. Staff subsequently reached out to the second lowest bidder, Roof Painting by Hartzell. Their total bid price for the work was $52,228 and they stated they are still willing to honor their bid and complete the work. SOURCE OF FUNDS: The original budget for this work was $80,000. Funding in the amount of $52,228 will be made available in the Utilities Fund/General & Engineering/NCWTF Resurface Chemical Containment account 47123536-044699-19520. RECOMMENDATION: Staff recommends that the Board of County Commissioners terminate the award of bid 2019059 to Citrus Sandblast LLC, and award to Roof. Painting by Hartzell. 83 8.H. CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 22, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension of Agreement for Automated Teller Machine Services BACKGROUND: There are currently two Automated Teller Machines (ATMs) installed in Admin Buildings A and B. The machines were originally installed in 2012 as the result of a request for proposals (RFP) process, with Oculina Bank the owner of the machines. At the conclusion of the original agreement and extensions, RFP 2016042 was issued, with Oculina who was the only respondent. The Board authorized award and the execution of a three-year agreement with two one-year renewals available on July 12, 2016. The initial term of the agreement ended on August 15, 2019. ANALYSIS: Oculina Bank merged with IBM Southeast Employees' Credit Union ("IBMSECU"), effective April 1, 2019, and now operates under that name. IBMSECU has agreed to the first extension to the agreement, maintaining the maximum transaction fee of $1.50 per withdrawal. No other fees are proposed. Staff has been content with the service provided, and the ATMs have required no staff involvement. Staff would like to execute the first extension to the agreement. FUNDING: No funding is required. RECOMMENDATION: Staff recommends the Board approve the first extension, and authorize the Chairman to sign after the County Attorney has reviewed it for legal sufficiency. ATTACHMENT: First Extension to Agreement for Automated Teller Machine Services 84 FIRST EXTENSION TO AGREEMENT FOR AUTOMATED TELLER MACHINE SERVICES BETWEEN IBM SOUTHEAST EMPLOYEES' CREDIT UNION ("ATM OWNER") AND BETWEEN INDIAN RIVER COUNTY ("COUNTY") THIS FIRST EXTENSION to the Agreement for Automated Teller Machine Services is entered into this 17th day of September, 2019, by and between ATM OWNER and COUNTY. BACKGROUND RECITALS A. On July 12, 2016, OCULINA BANK and COUNTY entered into the Agreement for Automated Teller Machine Services (the "Agreement"). ' B. Effective April 1, 2019, Oculina Bank merged with IBM Southeast Employees' Credit Union, and now operates as "IBM Southeast Employees' Credit Union." C. Paragraph 6 of the Agreement contains the term and renewal provisions. D. Pursuant to the Agreement, the parties desire to renew the Agreement by this First Extension and include the mandatory termination clause relating to F.S. 215.4725. NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The Agreement for Automated Teller Machine Services is hereby extended from August 16, 2019 until August 15, 2020. 3. The following is added as a supplement to Paragraph 8 of the agreement: 8a. ATM OWNER certifies that it and those related entities of ATM OWNER 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. COUNTY may terminate this Contract if ATM OWNER, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 4. All other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Extension to be executed effective the day and year in which set forth above. COUNTY: ATM OWNER: INDIAN RIVER COUNTY IBM Southeast Employees' Credit Union. By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) By: Attest (CORPORATE SEAL) 85 2 First Extension — ATM Services 86 8 D Z_ CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 22, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Amendment to Agreement for Annual Lift Station Rehabilitation (Bid 2019047) BACKGROUND: On June 4, 2019, the Board of County Commissioners awarded bid 2019047 to Hinterland Group, Inc., for as needed rehabilitation of lift stations and other appurtenances at wastewater facilities. The Department has since identified items of work that were excluded from the bid and would like to amend the award and its resulting agreement to include those items and associated pricing. DISCUSSION: The department has requested pricing from the vendor for the following additional items of work: Item Description Unit Per Unit Price A1-1 4" DIP Pipe, Epoxy lined Class 52, Flanged joint LF $230.00 A1-2 6" DIP Pipe, Epoxy lined Class 52, Flanged joint LF $260.00 A1-3 8" DIP Pipe, Epoxy Lined Class 52, Flanged joint LF $260.00 A1-4 10" DIP Pipe, Epoxy Tined Class 52, Flanged joint LF $275.00 A1-5 4" Check Valve, Outside weight, Flanged joint EA $2,400.00 A1-6 6" Check Valve, Outside weight, Flanged joint EA $3,200.00 A1-7 8" Check Valve, Outside weight, Flanged joint EA $4,200.00 A1-8 10" Check Valve, Outside weight, Flanged joint EA $6,800.00 A1-9 4" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $600.00 Al -10 6" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $700.00 Al -11 8" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $1,000.00 A1-12 10" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $1,400.00 A1-13 4" Plug Valve, Hand Wheel, Flanged Joint EA $1,200.00 A1-14 6" Plug Valve, Hand Wheel, Flanged Joint EA $1,450.00 A1-15 8" Plug Valve, Hand Wheel, Flanged Joint EA $1,750.00 A1-16 10" Plug Valve, Hand Wheel, Flanged Joint EA $2,500.00 A1-17 Install Meter Can & Disconnect EA $6,400.00 87 CONSENT SOURCE OF FUNDS: The addition increases the total award amount to Hinterland Group, Inc. from $418,726 to $453,351. The second lowest responsive bid, excluding these new items, was $521,719, submitted by Danus Utilities. Staff anticipates spending $200,000 during the current fiscal year and has requested $500,000 for fiscal year 2019/2020 for lift station rehabilitation. Funds are available in the Lift Station Rehabilitation account (47126836-044699-19512) in the operating fund. Operating funds and are generated from water and sewer revenues. RECOMMENDATION: Staff recommends the Board approve the first amendment to the agreement and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Amendment to Continuing Contract Agreement for Lift Station Rehabilitation Services 88 FIRST AMENDMENT TO CONTINUING CONTRACT AGREEMENT FOR LIFT STATION REHABILITATION SERVICES BETWEEN INDIAN RIVER COUNTY ("OWNER") AND HINTERLAND GROUP, INC. ("CONTRACTOR") THIS FIRST AMENDMENT for Lift Station Rehabilitation Services ("First Amendment") is entered into this 17th day of September, 2019, by and between OWNER and CONTRACTOR. RECITALS WHEREAS, On June 4, 2019, OWNER and CONTRACTOR entered into the Continuing Contract Agreement for Lift Station Rehabilitation (the "Agreement"); and WHEREAS, it is necessary to amend the Agreement to amend Exhibit 1 to include additional items of work; NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Exhibit 1 of the Agreement is hereby amended to include the following items of work and pricing: l M Description ®Per LF ( it,Pricei $230.00 A1-1 4" DIP Pipe, Epoxy lined Class 52, Flanged joint A1-2 6" DIP Pipe, Epoxy Tined Class 52, Flanged joint LF $260.00 A1-3 8" DIP Pipe, Epoxy Lined Class 52, Flanged joint LF $260.00 A1-4 10" DIP Pipe, Epoxy lined Class 52, Flanged joint LF $275.00 A1-5 4" Check Valve, Outside weight, Flanged joint EA $2,400.00 A1-6 6" Check Valve, Outside weight, Flanged joint EA $3,200.00 A1-7 8" Check Valve, Outside weight, Flanged joint EA $4,200.00 A1-8 10" Check Valve, Outside weight, Flanged joint EA $6,800.00 A1-9 4" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $600.00 Al -10 6" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $700.00 A1-11 8" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $1,000.00 A1-12 10" DIP Fittings, Epoxy lined Class 52, Flanged Joint EA $1,400.00 A1-13 4" Plug Valve, Hand Wheel, Flanged Joint EA $1,200.00 A1-14 6" Plug Valve, Hand Wheel, Flanged Joint EA $1,450.00 A1-15 8" Plug Valve, Hand Wheel, Flanged Joint EA $1,750.00 A1-16 10" Plug Valve, Hand Wheel, Flanged Joint EA $2,500.00 A1-17 Install Meter Can & Disconnect EA $6,400.00 All other provisions of the Agreement shall remain in full force and effect. 89 First Amendment IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed this First Amendment this _ day of , 2019. OWNER: CONTRACTOR: INDIAN RIVER COUNTY Hinterland Group, Inc. By: By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 2 Attest (CORPORATE SEAL) 90 gem CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 9, 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason' E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms and Authorization to Negotiate — RFQ 2019070 for Water Plant and Water Resources Engineering Services BACKGROUND: On behalf of the Department of Utility Services and in accordance with FS 287.055 (Consultant's Competitive Negotiation Act), Requests for Qualifications (RFQs) were solicited for planning, engineering, design, permitting, and construction phase services anticipated for the North Hobart water treatment facility and South Oslo Road water treatment facility. The scope also includes as - needed water resources planning services. RFQ RESULTS: Advertising Date: June 27, 2019 RFQ Opening Date: July 26, 2019 DemandStar Broadcast to: 578 Subscribers RFQ Documents Requested by: 27 Firms Replies: 3 Firms ANALYSIS: A selection committee comprised of Vincent Burke, P.E., Director of Utility Services, Arjuna Weragoda, P.E., Capital Projects Manager, Terry Southard, Utility Operations Manager, Mike Wyatt, Chief Operator, Hobart WTP and Mike Vernon, Chief Operator, Oslo WTP independently evaluated and scored the received statements of qualifications in accordance with FS 287.055, the RFQ, and the County Purchasing Manual. The initial ranking of firms developed by the committee was: 1. Kimley-Horn 2. Reiss Engineering 3. Mead & Hunt 91 CONSENT The three firms were invited to participate in the discussion phase, and at the conclusion of the discussions, each committee member listed his or her overall ranking of firms, and a final ranking was established. The ranking of firms was unchanged, and declared final by the committee. Staff is prepared to begin negotiations and bring a final agreement to the Board at a meeting in the near future. FUNDING: The primary design project anticipated under this award is the South Oslo RO Plant Rehab and Membrane Replacement, with funds available in the Utilities R&R South RO Membrane account (47123536-044699-19503). Funds for the account are derived fromwater and sewer revenues. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. 92 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 9 2019 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms and Approval of Agreement for RFP 2019069 — Visitor and Tourism Study BACKGROUND: On behalf of the Tourism Development Council, a Request for Proposals (RFP) was issued to identify firms able to design, execute and present findings of a Visitor and Tourism study for Indian River County. The study will address trends in visitation throughout the year, the economic impact of tourism on the individual sectors of the economy and the economy as a .whole, and identify the overall composition or profile of the day -use and overnight visitors. The intent of the study is for the awarded firm to develop and present recommendations on how to increase and/or maximize tourism and visitation to Indian River County. RFP RESULTS: Advertising Date: June 21, 2019 RFP Opening Date: July 16, 2019 Solicitation Broadcast to: 301 Subscribers RFP Documents Requested by: 8 Firms Replies: 3 Firms ANALYSIS: A selection committee comprised of Dori Stone, President, Indian River County Chamber of Commerce, Amber Batchelor, President/CEO, Sebastian Chamber of Commerce, and Bill Schutt, Chief of Long -Range Planning independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. These scores were compiled by the committee and an overall initial ranking of firms developed. All three firms proposed pricing above the available $50,000 budget (Haas Center at $75,000, IAMECON at $57,895 and CRI at $176,330). 93 CONSENT The committee determined, based on overall qualifications, only the top ranked proposal warranted further consideration. The committee developed supplemental questions for that proposer, including how their proposed scope of work could be modified to fit within the budget available. After providing responses to the committee's request for additional information, Haas Center was also invited to participate in a phone interview with the committee, and subsequently satisfied the committee that their approach and experience are sufficient to design and execute a meaningful visitor and tourism study for and make actionable recommendations to the county. A sample agreement was requested by the committee from the Haas Center for consideration to facilitate project execution as soon as possible after award. FUNDING: Funding for the study totaling $50,000 is available via line transfer from unspent funds allocated in the 2018/19 Tourist Tax Fund budget. Funding for this expenditure will also need.to be rolled -over into the upcoming fiscal year. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award the solicitation to the Haas Center. Staff also recommends the Board approve the Contract for Services Agreement and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT Contract for Services Agreement 94 Proposing Firm Location 1. University of West Florida's Haas Center for Business Research and Economic Development (Haas Center) Pensacola 2. Intelligent Analytics and Modeling (IAMECON) Austin, TX 3. Carr, Riggs & Ingram (CRI) Melbourne The committee determined, based on overall qualifications, only the top ranked proposal warranted further consideration. The committee developed supplemental questions for that proposer, including how their proposed scope of work could be modified to fit within the budget available. After providing responses to the committee's request for additional information, Haas Center was also invited to participate in a phone interview with the committee, and subsequently satisfied the committee that their approach and experience are sufficient to design and execute a meaningful visitor and tourism study for and make actionable recommendations to the county. A sample agreement was requested by the committee from the Haas Center for consideration to facilitate project execution as soon as possible after award. FUNDING: Funding for the study totaling $50,000 is available via line transfer from unspent funds allocated in the 2018/19 Tourist Tax Fund budget. Funding for this expenditure will also need.to be rolled -over into the upcoming fiscal year. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award the solicitation to the Haas Center. Staff also recommends the Board approve the Contract for Services Agreement and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT Contract for Services Agreement 94 Contract for Services Agreement ("Contract") INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("SPONSOR") UNIVERSITY OF WEST FLORIDA Acting for and on behalf of The University of West Florida Board of Trustees, a public body corporate ("UNIVERSITY") Office of Management and Budget 1800 27th Street Vero Beach, FL 32960 Research Administration and Engagement 11000 University Parkway Pensacola FL 32514-5750 TEIN: 59-6000674 DUNS 079208989 TEIN: 59-2976783 DUNS 053000709 Does funding originate from a Federal prime source? El No ❑ Yes If yes, complete following AWARD: Original Source of Funds: Project or Funding Reference Number/PRIME Name of Federal Agency: CFDA Number: Name of Federal Program: Contract Period of Performance: FROM: September 17, 2019 TO: December 31, 2019 Amount Funded $50,000 Matching Funds $0 Total $50,000 Project Title: Indian River County Visitor and Tourism Study Reporting Requirements: See Attachment 1 Terms and Conditions firm fixed price ❑ firm fixed rate contract for services to the schedule of compensation are as specified in UNIVERSITY's schedule in Attachment 1. All invoices shall be submitted expenditures using UNIVERSITY's standard invoice. Invoices be directed to the appropriate party's Financial Point of Contact, receipt and shall be considered past due after 30 days. Past due agencies. be submitted to SPONSOR's Financial Point of Contact thirty final statement of costs shall constitute UNIVERSITY's final contract should be directed to the appropriate party's 2. in the terms, conditions, or amounts cited in this Contract as shown in Attachment 2. Any such changes made to this Official, as shown in Attachment 2. be allocated between expenditure categories at the discretion beyond the amount referenced above. This paragraph is written notice to the appropriate party's Administrative Point SPONSOR shall pay UNIVERSITY for work performed to require the approval of the SPONSOR. 1-3 attached hereto, which are made a part hereof by Contract to be effective for the Period of Performance shown (1) SPONSOR hereby awards a ❑ cost reimbursable ' University, as described above. The statement of work and proposal dated July 9, 2019 as shown in Attachment 1. (2) SPONSOR shall pay UNIVERSITY as shown in the payment in form and detail sufficient for proper pre- and post -audit of and questions concerning invoice receipt or payments should as shown in Attachment 2. Payment for invoices is due upon invoices shall bear interest at the statutory rate applicable to state (3) A final statement of costs incurred, marked "FINAL", will (30) days after project end date or as shown in Attachment 1. The financial report. (4) Matters concerning the technical performance of this Program/Technical Point of Contact, as shown in Attachment (5) Matters concerning the request or negotiation of any changes should be directed to the appropriate party's Administrative Contact, Contract require the written approval of each party's Authorized (6) The Project Budget is set forth in Attachment 1. Funds may of the University, provided that no additional costs are incurred inapplicable to fixed price or fixed rate contracts. (7) Either party may terminate this Contract with thirty (30) days of Contact, as shown in Attachment 2. In the event of termination, the date of termination and all allowable, non -cancellable obligations. (8) Changes to Period of Performance, including no -cost extensions (9) This Contract is comprised of this document and the Attachments reference. By signing below authorized representatives have executed this above. Sponsored Research- Contract for Services agreement (short fonn) Approved 2018-07-31 Page 1 of 7 95 INDIAN RIVER COUNTY Bob Solari, Chairman Date: By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) UNIVERSITY OF WEST FLORIDA Matthew Schwartz, Ph.D. Assistant Vice President Research Administration and Engagement Approved for form and legality as template Date University Counsel Date Sponsored Research- Contract for Services agreement (short fonn) Approved 2018-07-31 Page2of7 96 Attachment 1: STATEMENT OF WORK AND SCHEDULE OF COMPENSATION This is a ncost reimbursable M fixed price ❑ fixed rate contract for services in the amount not to exceed $50,000 to cover costs associated with the project identified on the previous page and as shown on the following University proposal and/or quotation. The following deliverable items are due pursuant to the timetable identified below. The numbered invoice for each report or deliverable shall be sent concurrent with the period of performance corresponding to the deliverable on the due date shown. REPORT/DELIVERABLE Report of Q1 Findings DATE DUE February 14, 2020 AMOUNT $12,500 Report of Q2 Findings May 14, 2020 $12,500 Report of Q3 Findings August 14, 2020 $12,500 Report of Q4 Findings and Final Economic Impact Assessment November 14, 2020 $12,500 Presentation of Findings to TDC and/or BCC TBD NC Total $50,000 University's Tasks: The University will supply personnel and resources to accomplish the scope of work at the price in the proposal/cost quotation as shown in the following pages. The scope of work includes 12 full months of visitor surveys that will allow the Haas Center to complete a full impact analysis of Indian River County's tourism market. The survey will allow us to create a profile of visitors beyond spending patterns as well. The survey will be multi- modal, including in-person interviews and online outreach to visitor databases. The deliverables include: A survey instrument reviewed and approved by the client An impact estimate based on bed tax collections Four quarterly reports based on interviews that are representative of the data collectedthat season A final, revised estimate based on actual spending patterns and including data from non -bed tax paying visitors At least one initial meeting with the clients and at least one in-person presentation to the clients after completion of all work products. One additional in-person meeting may be requested during the period of study. Other video calls or phone conferencing are readily available at the request of clients or researchers. Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31 Page 3 of 7 97 Attachment 2 CONTACT REPRESENTATIVES Sponsor Contacts University of West Florida Contacts FID # 59-6000674 / DUNS # 079208989 FID # 59-2976783 / DUNS # 53-000709 Administrative Point of Contact Administrative Point of Contact Name: Title: Address: City ST Zip Phone: E-mail: Name: Title: Address: City ST Zip Phone: E-mail: Theresa Miller, CRA Research Administration and Engagement University of West Florida 11000 University Parkway Pensacola FL 32514-5750 (850) 474-2827 tbyrd@uwf.edu Program/Technical Point of Contact Program/Technical Point of Contact Name: Title: Address: City ST Zip Phone: E-mail: 1Name: Title: Address: City ST Zip Phone: E-mail: Financial Point of Contact Financial Point of Contact Name: Title: Address: City ST Zip Phone: E-mail: Name: Title: Address: City ST Zip Phone: E-mail: Donna Frazee Associate Director Research Administration and Engagement 11000 University Parkway Pensacola FL 32514-5750 (850) 473-7111 dfrazee@uwf.edu Authorized Official Authorized Official Name: Title: Address: City ST Zip Phone: E-mail: Name: Title: Address: City ST Zip Phone: E-mail: Matthew Schwartz, Ph.D. Assistant Vice President Research Administration and Engagement 11000 University Parkway Pensacola FL 32514-5750 (850) 474-2824 mschwartz@uwf.edu Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31 Page 4 of 7 98 Attachment 3-A: ADDITIONAL TERMS AND CONDITIONS (Non-federal funds) THIS AGREEMENT is entered into by and between Indian River County (hereafter "Sponsor") and The University of West Florida for and on behalf of The University of West Florida Board of Trustees, a public body corporate, a Florida public post -secondary educational institution (hereafter "University"). The terms of this Agreement are intended to provide the administrative framework for Sponsor and the University (the "Parties") to cooperate in the performance of this project. The University shall make all reasonable efforts to perform the scope of work as outlined in Attachment 1. STATEMENT OF WORK The University shall provide the necessary personnel and facilities to conduct the work of this agreement for the project titled "Indian River County Visitor and Tourism Study." PERIOD OF PERFORMANCE This Agreement shall begin September 17, 2019 or upon execution, whichever is later, and shall not extend beyond end date unless the period is extended by modification of this Agreement. Final deliverables will be provided to Sponsor as specified in Attachment 1. University staff will be available for follow up consultation and assistance to the Sponsor regarding project deliverables through the ending date of this Agreement at no additional cost. Continuing support and assistance for additional periods will be provided only if the amount and scope of work is modified by amendment to this Agreement. FORCE MAJEURE University shall not be liable for its failure to perform any terms or conditions herein when failure to perform is due to causes beyond University's reasonable control, determined in the University's discretion, including, but not limited to: strikes; lockouts; actions or inactions of governmental authorities; epidemics; acts of war or terrorism; embargoes; fire; earthquake; hurricane; windstorm; tornados, acts of God or default of common carrier. In such event, parties will negotiate an extension to the period of performance, or other remedy. SEVERABILITY In the event any provision of this contract shall be held invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. NONDISCRIMINATION The nondiscrimination clause contained in Section 202, Executive Order 11246, and any subsequent amendments thereto, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, gender identity or national origin, and the Implementing rules and regulations prescribed by the Secretary of Labor, Veteran's Act 38 U.S.C. 4212, Section 503 - Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act of 1990 42 U.S.C. 12101 are incorporated into this Contract by reference as if fully set forth herein. TAXES, FEES AND PERMITS The University is a tax immune sovereign and exempt from the payment of all sales, use or excise taxes. PUBLIC RECORDS Sponsor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement, except as exempted by Florida law. Refusal by Sponsor to allow such public access shall be grounds for unilateral cancellation of this Agreement by the University. Sponsor is a public agency subject to Chapter 119, Florida Statutes. The University shall comply with Florida's Public Records Law. Specifically, the University shall: (1) Keep and maintain public records required by the Sponsor to perform the service. Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31 Page 5 of 7 99 (2) Upon request from the Sponsor's Custodian of Public Records, provide the Sponsor with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Sponsor. (4) Upon completion of the contract, transfer, at no cost, to the Sponsor all public records in possession of the University or keep and maintain public records required by the Sponsor to perform the service. If the University transfers all public records to the Sponsor upon completion of the contract, the University shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the University shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Sponsor, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the Sponsor. IF THE UNIVERSITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE UNIVERSITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 Failure of the University to comply with these requirements shall be a material breach of this Agreement. INSURANCE University will maintain, at its own cost and expense, at all times while this Agreement is in effect, general liability insurance to the extent, and in such amounts as, provided under the State of Florida Risk Management Trust Fund. University will also maintain at its own expense or from the quoted fringe/payroll tax rates, workers' compensation insurance as required by law. University will furnish evidence of such insurance upon request. Copies of certificates of coverage are available on request from the Research & Sponsored Programs office contractual contact representative. LIMITATION OF LIABILITY In the performance of professional services, the University shall use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities, having due regard for acceptable standards. No other warranties, expressed or implied, are made. In no event shall University or its employees be liable (in contract or in tort, including negligence, or otherwise) to the Sponsor for indirect, incidental or consequential damages, resulting from or related to this Contract. Further, University shall not be liable for use by the Sponsor of any plans, documents, studies, or other data for any purpose other than intended by the terms of this Contract. In no event shall University's liability to Sponsor for any reason exceed the dollar amount of this Contract. The parties to this agreement recognize and acknowledge that University of West Florida is a constituent institution of the State University System of Florida (the "State") and an agency or subdivision of the State within Sponsored Research- Contract for Services agreement (short fonn) Approved 2018-07-31 Page 6 of 7 100 the meaning of §768.28, Florida Statutes. Nothing contained herein shall be construed or interpreted as: i) denying the University or other state entity any remedy or defense available under the laws of the State; ii) the consent of the University to be sued; iii) a waiver of sovereign immunity of the University or other state entity beyond the waiver provided in §768.28, Florida Statutes. GOVERNING LAWS/VENUE This Agreement is governed by the laws of the State of Florida and any provisions contained in this Agreement in conflict therewith shall be void and of no effect. University and Sponsor hereby agree that venue shall lie in the State Courts of Escambia County, Florida. INTELLECTUAL PROPERTY The University reserves the ownership for any intellectual property developed as part of the compensated performance of this Agreement by its faculty and staff. Sponsor is granted a royalty - free non-exclusive license to use and distribute reports furnished to Sponsor hereunder (the "Work Product") without modification. University ownership of copyright shall be properly attributed. Sponsor may not grant others the right to use the Work Product or underlying information and data without written permission from the University. The University reserves the right to publish articles, monographs and other scholarly publications based on this work in its chosen form. All work shall acknowledge support as "This project was supported by the Indian River County Board of County Commissioners through the University of West Florida." INDEPENDENT CONTRACTOR STATUS Each of the parties is an independent contractor and nothing contained herein shall constitute or designate any of the employees or agents of one party as employees or agents of the other party. TERMINATION IN REGARDS TO F.S. 287.135 University certifies that it and those related entities of the University 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. Sponsor may terminate this Agreement if the University, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31 Page 7 of 7 101 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: SU BJ ECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E, PMP, Assistant Public Works Director Kirstin Leiendecker, P.E., Project Engineer Wabasso Causeway Fishing Pier Demolition Project (IRC -1712) Release of Retainage and Change Order No. 1 DATE: September 5, 2019 DESCRIPTION AND CONDITIONS On April 9, 2019, the Board of County Commissioners awarded Bid No. 2019035 to Underwater Engineering Services, Inc. in the amount of $944,824.00 for the demolition and disposal of the existing Wabasso Causeway Fishing Pier, approach sidewalks and associated debris. The entire pier and support structure, which was in two sections and approximately 1000 feet long, has been removed and placed at a permitted offshore artificial reef site. Change Order No. 1 makes final adjustments to contract bid items resulting in a decrease to the total contract amount by $227,016.00 for a final cost of $717,808.00 and makes final contract time adjustments. Underwater Engineering Services, Inc. has successfully completed the project and has been paid $681,917.60 with $35,890.40 held in retainage. Underwater Engineering Services, Inc. has submitted Contractor's Application for Payment No. 3 for release of retainage in the amount of $35,890.40. FUNDING Funding is budgeted and available from the Florida Boating Improvement Fund, Hurricane Matthew/Retainage — Underwater Engineering/Account No. 133-206000-17001 in the amount of $35,890.40. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 3 to Underwater Engineering Services, Inc. in the amount of $35,890.40 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 3 APPROVED AGENDA ITEM FOR SEPTEMBER 17, 2019 102 C:\Users\Iegistar\AppData\L.oca1\Temp\BCL Technologies\easyPDF 8\@BCL@OCOD088C\@BCL@OCOD088C.doc 8.L. SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 09/17/2019 EFFECTIVE DATE:09/17/2019 OWNER: Indian River County CONTRACTOR Underwater Engineering Services, Inc. Project: WABASSO CAUSEWAY FISHING PIER DEMOLITION PROJECT OWNER's Project No. IRC -1712 OWNER'S Bid No. 2019035 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items and contract times in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $944,824.00 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: Net decrease of this Change Order: $227,016.00 1 Contract Price with all approved Change Orders: $717,808.00 ACCEPTED: By: Underwater Engineering Services, Inc. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days) 60 90 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days) 10 10 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days) 70 100 RECOMMENDED: By Kirstin Leiendecker, P.E. Project Engineer ENGINEER (Signature) Date: APPROVED: By: Richard B. Szpyrka, P.E. Public Works Director OWNER (Signature) Date: @BCL@6CODE 1 C1.03 00942 - 1 C:\UsersVegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6CODE1C9\@BCL@6CODE1C9.doc Rev. 05/01 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: WABASSO CAUSEWAY FISHING PIER DEMOLITION PROJECT PROJECT NO. IRC -1712 BID NO. 2019035 Item No. Description Unit Quantity Unit Price Price Increase Price Decrease WCD 1 REMOVE UNSOUND CONCRETE FORM EAST 8 WEST ABUTMENTS, INSTALL DOWELS, INSTALL HANDRAIL LS 1 26,536.00 26,536.00 3.02 40 FOOT SECTION/ABUTMENT EA 0.7665 11,520.00 8,830.00 3.06 UPLAND SIDEWALK REMOVAL SF 300 9.50 2,850.00 4.02 30 FOOT SECTION/ABUTMENT EA 0.7665 11,520.00 8,830.00 4.07 UPLAND SIDEWALK REMOVAL SF 300 9.50 2,850.00 6 SITE RESTORATION LS 1 10,192.00 10,192.00 FA FORCE ACCOUNT LS 1 220,000.00 220,000.00 SUBTOTALS 26,536.00 253,552.00 WABASSO CAUSEWAY FISHING PIER DEMOLITION TOTAL $227,016.00 C:VJwnVap6tarWppDataV.onliTemyV3C1 TeMrobpkaseasyPOF 84BQQ310D319AW8CL@JVOD914Ax1a 104 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope; M.S. Coastal Resources Coordinator Work Order No. 12 - Morgan & Eklund, Inc. Post Hurricane Dorian Beach Profile Surveys September 6; 2019 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. The contract was renewed for an additional two-year term on October 4, 2018. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The western eyewall of Hurricane Dorian passed approximately 105 miles east of Indian River County on September 3, 2019, with maximum sustained winds of approximately 18-25 mph and maximum recorded gusts of up to 43 mph producing 13-15 foot breaking waves along the coast. As a result of the high surf, approximately 3-10 feet of dune retreat was observed throughout the County shoreline. The proposed Work Order No. 12 provides post Hurricane Dorian beach profile surveys that are necessary to quantify the dune/beach erosion impacts to our County. The results of the survey will also be offered to the Florida Department of Environmental Projection and Federal agencies as documentation of losses. Post storm beach profile surveys may be eligible for FEMA reimbursement if funding becomes available. Work Order No. 12 totals $57,750. FUNDING Funding for this expenditure, totaling $57,750, will be made available in the Beach Restoration Fund/Other Contractual Services/Hurricane Dorian, Account # 12814472-033490-19028. Page 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC008655\@BCL@FC0C8655.docx 105 Post Hurricane Dorian Beach Profile Surveys Agenda Item for September 17, 2019 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 12 to the Professional Land Surveying and Mapping Services contract No. 1605 with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Morgan and Eklund, Inc. Work Order No. 12 Scope of Work Summer Semi -Annual Coastal Monitoring Survey APPROVED AGENDA ITEM FOR: SEPTEMBER 17, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC008655\@BCL@FC0C8655.docx 106 Morgan & .Eklund., Inc. 4909 US Highway 1 Phone: 772-388-5364 'Fax: 772-388-31 65 Vero Beach, Florida 32967 August 28, 2019 Indian River County Attn: Ms. Kendra Cope, MS 1801 27th Street Vero Beach, FL 32960 RE: Post Hurricane Dorian 2019 Indian River County Coastal. Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 Dear Kendra: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119, a total of 105 beach profile lines. All data collected will be in accordance. with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. The survey will be performed in September 2019 with drawings and reports completed in October 2019. In accordance with the scope of work as provided, I estimate our costs to be as follows: I. Post Hurricane Dorian 2019 Sector 3 (R-15 to R-60) 46 Onshore/offshore profile lines @ $550/line $ 25,300.00 II. Post Hurricane Dorian 2019 Sector 5 (R-70 to R-86) 17 Onshore/Offshore profile lines @ $550/line $ 9,350.00 III. Post Hurricane Dorian 2019 Sector 7 (R-97 to R-108) 12 Onshore/Offshore profile lines @ $550/line $ 6,600.00 107 IV. Post Hurricane Dorian 2019 Countywide (R-61 to R-69, R-87 to R-96, and R-109 to R-119) 30 onshore/offshore profile lines @ $550/line $ 16,500.00 Total. Cost I -III $ 57,750.00 As always, Morgan & Eklund,. Inc. is looking forward to working with you and Indian River County on this project. Sincerely, John R Morgan 11 Digitally signed by John R Morgan II DN: aw)9Nn R Morgan II, .Morgan and Eklund Inc. m, Presklent emaefrrargalnm 1aneldd.m, Date: 2019.08.291092910t131 4I90 John R. Morgan, II, PLS President JRM:dmc Indian River County 2 8/29170S Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Hurricane Dorian Post Storm Beach Profile Surveys WORK ORDER NO. 12 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2018-2020 This Work Order No. 12 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 12 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 12 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the Hurricane Dorian Post Storm Beach Profile Surveys between Florida Department of Environmental Protection Reference Monuments R-15 — R-119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 12; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 2. Deliverables -The SURVEYOR shall provide the COUNTY: 109 a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work: It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at Targe. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 12, for a total lump sum fee of $57,750. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2018 through October 3, 2020. All invoicing shall include Work Order No. 12 (WO 12), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2019. 110 OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Morgan and Eklund, Inc. (Signature) (Signature) Bob Solari, Chairman John R. Morgan, President (Printed name and title) Approved by BCC -_ ATTEST: Jeffrey R. Smith, Clerk of Court and Witnessed by: Comptroller (Seal) Deputy Clerk Approved: (Signature) Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 111 Indian River County, Florida Department of Utility Services Board Memorandum Date: September 6, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Elliese Shaughnessy, El, Utilities Design Engineer Subject: Approval of Kimley-Horn Work Order No. 15, "Ixora Park Sewer System Rehabilitation" Background/Analysis: Ixora Park Subdivision contains approximately 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes dating from 1952. A lift station connects the system from the northwest corner of the property into a force main along 15t Street Southwest. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways. Kimley-Horn and Associates, Inc. (KHA) surveyed the gravity system and determined areas to restore or replace. They recommend 4,100 linear feet (LF) of pipe to be lined and 3,100 LF to be replaced. KHA has been tasked with the following: • TASK 1: Create a report of recommendations for 2,500 LF of gravity sewer that has recently undergone closed-circuit television (CCTV) inspection. This will include a comprehensive Opinion of Probable Cost (OPC) for all gravity sewer rehabilitation and replacement. • TASK 2: Prepare design specifications for pipe lining and lateral rehabilitation for 4,100 LF of gravity sewer. Separate sets of bid documents will be provided for pipe lining and for lateral rehabilitation. • TASK 3: Develop construction plans and technical specifications for pipe replacement. This will include 60%, 90%, and final drawings as well as an OPC. The schedule and cost are summarized below: Task 1 Phase 2 Sewer System Evaluation Survey (SSES) 4 — 8 weeks $11,889 Task 2 Pipe Lining and Lateral Rehabilitation 8 —10 weeks $15,889 Task 3 Full Sewer Pipe Replacement 4 — 6 weeks $52,441 Total $80,219 Funding: Funding for this project is derived from operating funds. Operating fund revenues are generated from water and sewer sales. Funding for this project is programmed for fiscal year 2019/2020. Therefore, please note that the notice to proceed will be issued October 1, 2019. 112 Account Name Account Number Amount Ixora Park Sewer 471-169000-16513 $80,219 Recommendation: Staff recommends that the Board of County Commissioners approve Work Order No. 15 to authorize Kimley-Horn & Associates, Inc to prepare a full set of recommendations and bid documents to restore and replace gravity sewer lines in the Ixora Park subdivision. Attachments: 1. Kimley-Horn & Associates, Inc Work Order No. 15 113 CCNA2018 WORK ORDER 15 Ixora Park Sewer System Rehabilitation This Work Order Number 15 is entered into as of this day of , 2019, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 114 EXHIBIT A Work Order Number 15 Indian River County Department of Utility Services Ixora Park Sewer System Rehabilitation PROJECT UNDERSTANDING The Ixora Park neighborhood has a public sewer system that consists of approximately 9,710 linear feet (LF) of gravity sewer and 23 manholes connecting to a lift station at the northwest corner of the property. Indian River County Utilities (IRCU) has identified a large amount of sand in the pipes as well as the undermining of the roadways, both indicators of severe defects of the vitrified clay pipe (VCP). Kimley-Horn and Associates, Inc. (the Consultant) completed a Sewer System Evaluation Survey (SSES) of the condition of the existing sewer infrastructure and recommended improvements to rehabilitate or replace components of the system. The Consultant understands that this scope of work shall cover the coordination of pipe rehabilitation work and the design and bidding assistance of pipe replacement work. SCOPE OF WORK The recommendations for the rehabilitation of the Ixora Park sewer system included a Phase 2 SSES for the approximately 2,500 LF of pipes that were previously unable to be surveyed, approximately 4,100 linear feet (LF) of pipe lining with lateral rehabilitations, and approximately 3,110 LF of full sewer pipe replacement. The Consultant will provide the following tasks for IRCU. TASK 1 - PHASE 2 SSES Approximately 2,500 LF of gravity sewer pipe was excluded from the SSES completed in May 2019 by the Consultant as CCTV was unavailable. The pipes that were unable to be surveyed are indicated on Figure 1. Since the completion of the original SSES, IRCU has completed the CCTV inspection of these pipes. The CCTV will be used to complete an additional SSES report and recommendations. 115 Task 1.1- Existing Sewer Infrastructure Assessment Consultant will assess CCTV video of the previously unsurveyed 2,500 LF of existing gravity mains provided by IRCU. Pipe defects will be recorded utilizing a standardized coding system in accordance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). Task 1.2 - Report and Recommendations Consultant will develop a report identifying and prioritizing deficiencies according to NASSCO standards. Consultant will evaluate options for correcting the defects within the system, including but not limited to point repairs, joint repairs, lining of existing pipe, and full pipe replacement. Consultant will make recommendations for improvements to the system based on the findings and will provide an Opinion of Probable Cost (OPC). The design of the recommendations is not included in this contract. The OPC from the Phase 1 Ixora Park SSES will be appended to include these Phase 2 SSES costs, providing a comprehensive OPC for the full Ixora Park sewer rehabilitation. The Consultant will provide a draft copy of the report in PDF format to IRCU and will hold a meeting with IRCU to review the results if required. A hard copy and a PDF copy of the final report will be provided to IRCU for a final deliverable. TASK 2 -PIPE LINING AND LATERAL REHABILITATION Approximately 4,100 LF of gravity sewer pipe was recommended to be cleaned and lined using cast -in-place pipe (CIPP) and nine laterals on these pipes were recommended for rehabilitation. The pipes recommended to be lined are indicated on Figure 1. The Consultant will prepare design specifications for the pipe lining and lateral rehabilitation work to be completed. The Consultant will prepare one set of bid documents for pipe lining and one set of bid documents for lateral rehabilitation. Consultant will provide up to three (3) 116 hard copies of each bid package and electronic copies in PDF format for IRCU to advertise. The Consultant will meet with the awarded contractor(s) for a pre -work meeting. Consultant will make up to four (4) site visits during the lining and lateral rehabilitation process for construction observation. TASK 3 - FULL SEWER PIPE REPLACEMENT Task 3.1- Prepare Design Drawings and Specifications Consultant will develop construction plans and technical specifications for the gravity sewer pipes recommended for full replacement in the Ixora Park sanitary sewer system using topographic survey previously completed by the Consultant in 2016. Consultant will prepare 60%, 90%, and final design drawings and specifications. Consultant will attend a review meeting, respond to IRCU comments, and incorporate agreed upon adjustments for the 90% and final sets. Consultant will provide up to three (3) hard copies of drawings and electronic copies in PDF format. Consultant will prepare and provide an opinion of probable construction cost (OPC) based on final design documents. Consultant will apply for a Right -Of -Way permit on behalf of IRCU using the final design documents. Task 3.2 - Bidding Assistance Consultant will prepare bid documents for IRCU to advertise. Front-end documents will be prepared and provided by IRCU. Consultant will provide up to three (3) copies of 11x17 drawings and specifications for bidding, and electronic copies in PDF format. Consultant will provide written responses to contractor requests for information (RFI) related to the bid documents. Consultant will attend pre-bid meeting. 117 Consultant will review submitted contractor bids and prepare a written award recommendation to IRCU. ASSUMPTIONS • Since this work is a direct replacement, permits from FDEP are not anticipated. • Contractor(s) will obtain any necessary Maintenance of Traffic (MOT). • Road reconstruction will be limited to the area of full sewer pipe replacement. • Consultant can work on tasks 2 and 3 concurrently. ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as Additional Services and performed at then -current hourly rates. Additional services we can provide include but are not limited to construction phase services. SCHEDULE In general, the following schedule is anticipated from Notice to Proceed (NTP): Task 1 PHASE 2 SSES Task 2 PIPE LINING AND LATERAL REHABILITATION Task 3 FULL SEWER PIPE REPLACEMENT FEE SCHEDULE 4-8weeks 8 - 10 weeks 4 - 6 months We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated Apri117th, 2018, with Indian River County. The Consultant will provide professional services for Tasks 1 and 2 on a lump sum fee basis as follows: Task No. Task Task Fee TASK 1 PHASE 2 SSES $11,889 TASK 2 PIPE LINING AND LATERAL REHABILITATION $15,889 TASK 3 FULL SEWER PIPE REPLACEMENT $52,441 TOTAL $80,219 118 JOL11 -dULLEzliLlal zc O LL 0 0 N 0 0 0 17:771 JE LiLLL LILL dE '_ 'EMEEELIE u ?Li[r p.=.c.....................,....... '''.1... 'H'*.:. . : 1 iAtl.OiLC 'A OM Ira ®T® Lir- • :11EFF: . t TTEA'NEUP ELMO 1 in = 400 feet C J 0 U CD CO ts!� o.� U m co Manhole ID Number 7 1- 1�\ Office of the INDIAN RIVER COUNTY ADMINISTRATOR Consent Sept 17, 2019 Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Brian Sullivan Legislative Affairs and Communications Manager DATE: September 11, 2019 SUBJECT: Resolution Requesting the Legislature Designate SR 510 Bridge #53 as the "A.B. Michael Bridge" BACKGROUND A.B. Michael moved to the Indian River region in 1886 and was a strong proponent of Indian River Citrus having started his own citrus grove on Orchid Isle in 1902. He later became manager and president of Deerfield Groves in 1917; helped manage American Fruit Growers from 1919 to 1946; helped form the Indian River Citrus League in the 1930's; and served on the Florida Citrus Commission from 1945 to 1949. Due to his achievements and dedication to the industry, Florida Citrus Mutual refers to A.B. Michael as the "Dean of the Florida Citrus Industry". A.B. Michael was also very active in other aspects of the Indian River community. He assisted in the construction of the Wabasso Bridge Causeway and the Community of Orchid School House. Additionally, A.B. Michael was a strong supporter of Little League baseball in Indian River County and Michael Field in Vero Beach is named in his honor. ISSUE Section 334.071, Florida Statutes authorizes the Legislature to designate a transportation facility for honorary or memorial purposes and to direct the Department of Transportation to place markers reflecting such designation. Additionally, Section 334.071 further states that erection of those markers is contingent on the appropriate county or city commission passing a resolution in support of the particular honorary designation. 120 In 1964, the Indian River County Board of County Commissioners passed a resolution requesting the Legislature enact legislation designating the bridge as the "A.B. Michael Bridge". However, according to the Florida Department of Transportation ("FDOT") list of current road designations, SR 510 Bridge #53, the Wabasso Bridge Causeway, is designated as the "A.B. Mitchell Bridge". It is unclear based on the information provided by FDOT when the Legislature officially approved this designation. Accordingly, based on the 1964 resolution passed by the Indian River County Board of County Commissioners, staff believes the bridge designation was intended to honor A.B. Michael and, instead, was mistakenly designated as the "A.B. Mitchell" bridge. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached proposed Resolution, which requests the Florida Legislature enact legislation designating SR 510 Bridge #53 as the "A.B. Michael Bridge" and which also requests the Florida Legislature direct FDOT to erect markers on the bridge reflecting that designation. ATTACHMENTS Provided for the Board of County Commissioners information is the following: - Information related to A.B. Michael's contributions to Indian River County - 1964 Resolution of the Indian River County Board of County Commissioners FDOT Road Designation List - Florida Statute 334.071 - Proposed Resolution 121 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, HONORING THE LEGACY OF A.B. MICHAEL AND REQUESTING THE FLORIDA LEGISLATURE DESIGNATE STATE ROAD 510 BRIDGE #53 AS THE A.B. MICHAEL BRIDGE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to honor the legacy of A.B. Michael by requesting the Florida Legislature designate State Road 510 Bridge #53, commonly known as the Wabasso Bridge Causeway, as the "A.B. Michael Bridge"; and WHEREAS, A.B. Michael relocated to Orchid Island in 1887 as a child and assisted in building the current Wabasso Bridge Causeway in 1927; and WHEREAS, A.B. Michael, was a founding director of American Fruit Growers; founding director of the Indian River Citrus League; founder, grower, and shipper of the world famous Orchid Island grapefruit; and designated as the "Dean of the Florida Citrus Industry" by Florida Citrus Mutual; and WHEREAS, Section 334.071, Florida Statutes, authorizes the Legislature to designate a transportation facility for honorary or memorial purposes and to direct the Department of Transportation to place markers reflecting such designation; and WHEREAS, Section 334.071, Florida Statutes, further states that erection of markers is contingent on the appropriate county or city commission passing a resolution in support of the particular honorary designation; and WHEREAS, the Board of County Commissioners for Indian River County passed a resolution in 1964 which requested the Florida Legislature enact legislation designating the Wabasso Bridge Causeway as "A.B. Michael Bridge". WHEREAS, the Florida Department of Transportation list of current road designations specifies State Road 510 Bridge #53 is designated as the "A.B. Mitchell Bridge". WHEREAS, based on the 1964 resolution passed by the Board of County Commissioners for Indian River County, the current Board of County Commissioners believe State Road 510 Bridge #53 was intended to be designated the "A.B. Michael Bridge" but was erroneously designated the "A.B. Mitchell Bridge". NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. 122 RESOLUTION NO. 2019 - Section 2. The Board of County Commissioners hereby honors the legacy and service to Indian River County and the state of Florida by A.B. Michael and, pursuant to Section 334.071, Florida Statutes, respectfully requests the Florida Legislature enact legislation which designates State Road 510 Bridge #53 as the "A.B. Michael Bridge" and which directs the Florida Department of Transportation to erect markers reflecting such designation. Section 3. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day , 2019. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: County Attorney 123 RESOLUTION NO. 2019- 124 info@floridacitrushalloffame.com Home Inductees About Us Inductees Search ... Donate f Contact News & Events Educational. Programs Donate Supporters Contact A R Mir`haP1 A.B. Michael (1877-1964) Inducted 1964 Highlights Indian River Wabasso Deerfield Grove, Inc. Cocoa Beach American Fruit Growers Orchid Island Grapefruit Florida Citrus Exposition Indian River Citrus League Florida Citrus Mutual Florida Citrus Commission Home / A.B. Michael 125 1310 A.B. Michael spent more than sixty years as an important member of the Florida Citrus industry. He was often known as the "Dean of the Florida Citrus Industry" due to his lengthy involvement with many different facets of the industry. He was born in the West Virginia town of Paw Paw, which was in the midst of the state's apple growing region, in 1877. He moved to Florida with his parents in 1886, settling near the town of Wabasso in the Indian River region, He spent much of his adolescence working on a two -master schooner. In 1902, he started his own grove on Orchid Isle, near Wabasso. He consolidated his holdings with Deerfield Groves, Inc: of Cocoa Beach in 1917. He later became both the manager and president of the firm, with which he was affiliated for many years. Michael also helped to manage American Fruit Growers from 1919-1946. His Orchid Island Grapefruits were shipped around the world and known for their excellent citrus quality. Michael's excellent grapefruit once won the top award at the Florida Citrus Exposition three years out of four, having not even entered the one year he did not win. Michael believed strongly in such events as the Citrus Exposition, and often used his own money to fund Indian River participation. Michael was a strong proponent of Indian River Citrus. He helped to form the Indian River Citrus League in the 1930s, and served as a director of the organization. Under Michael's leadership, the organization's rnerribership increased dramatically. When controversy arose over the use of the Indian River name, Michael helped to protect it by getting legislation to define and protect its usage. A:B. Michael served on the Florida Citrus Commission during Governor Millard F. Caldwell's administration, from 1945-1949. In the late 1940s, he once again assisted in the forrnation of a new agricultural organization, Florida Citrus Mutual; which he helped to form along with such other prestigious citrus growers as Latt Maxcy and James Morton. He played a strong role in recruitment for the new cooperative and once again used his own resources to help fund the organization in its infancy. He later served as a director of the organization and was even named vice-president emeritus. Michael was also active in politics, campaigning hard for Dan McCarty in 1948, when he lost the governor's race, and then also in 1.952, when he won. During his career, Michael also served on the Everglades National Park Commission and on the Florida State Chamber of Commerce Board of Directors. He was also a member of the Citrus Advisory Committee. 126 Michael was said to have a finger in everything that was good for the grower. He believed in keeping every possible avenue for citrus sales open, and was an outspoken advocate of quality and recognizable brands. He was recognized as contributing more to grade improvements than any other member of the industry. Michael was known for a catchphrase he. used about the industry: "Don't fret". A.B. Michael continued working well into his eighties. In 1964, he suffered a car accident while returning from work, and he died from complications shortly thereafter. Tragically, he had lost his wife, daughter, and grand -daughter in an auto accident only nine years earlier. At his funeral, many of Florida's most prominent citrus figures came to pay their respects to the "Dean of the Florida Citrus Industry." He was inducted into the Florida Citrus Hall of Fame in the same year that he clied, 1964. Florida Citrus Hall of Fame C/O Florida Citrus Mutual PO Box 1576 Bartow, FL 33831 1576 561.351.4314 info@floridacitrushalloffame.com QUICK LINKS > Home > Inductees > Donate > Contact .Copyright .2812 2018 ?rt�� us Hall Df�dAll Rights Reserved I Web Se .� a}T The Ma( Place 127 128 S J ti Fw 1� p - 01 O of . H O ul al ` 40 Across Choctawhatchee River Bridge 30170 5/11/1955 ,;.,.......1.1.____ `1 -. 1 w SR 510 Bridge #53 Bridge Bridge #880077 between SR AIA and Bridge i HB 7039 7/1/2012 !I Indian River Blvd h 01 Q t0 h. 005 01 \h 0 NI 01 .-I h CO N . V1 1.41 Qat -. N Lta 0011 . 0 • 5/13/2004 5/31/1951 Cl r.N 01 4/1 O O n V1 0011 pl \ C Across Sebastian Inlet Bridge 65-767 4/29/1965 SR 821 to 1.75 @ Wildwood Turnpike 04-392 5/22/1998 1 W of I-95/SR 9 Interchange in Indian .Highway 58.2600 7/1/2009 River_Cn_tn-1.15.:44.1./SR_1S,in Occenla.Co US Ito SR A1A 'Boulevard 70-515 7/1/1970 Gadsden Co line to Washington Co line Highway 57-2011 10/29/1957 mal Q C C 207981 01 a0 m0` .0 N' v'10 m ti 4 O N tri SRB Pg 22 .n+ C 00 30210' O m CO 04-392 26802 Lr, .. m 01 HB 5i co t0 r- (/1 10 U 2 n 0_ Bridge Highway 'Boulevard 1 Highway > a 00 x 'Highway Highway Highway !Bridge v CO Highway >- C 00 s 3 00 x Z V 4 C_m In O Across Hurricane Creek St Augustine N to Jacksonville, then US 90 W to AL State line From AL State line E to 1-95 in Jacksonville 1St Lucie Co line to Brevard Co line N 0 Q (St Lucie Co line to SR 60 All of US1_ N limits of City of Ft Pierce, St Lucie Co to S limits of City of Vero Beach, Indian River Co Miami to GA State line 'Across Sebastian Inlet, Bridge #88005, 'Brevard & Indian River Co Across Indian River @ Vero Bch an 0 CR 611/43rd Ave in Vero Bch to I- 95/SR 9 SR 60 to Sebastian Inlet Bridge to Brevard Co line i1. qx I 20th St INFER';TAT C•,' US (ROUTE O T D O 7 L' V A Q N VS I.4 0 2 1.11 C ry 4 V ad0`1 Ce V CL N SR 8 < C N 4/1Vl V1 C Q C V1 1n C C N aft Cr, K VI Q C V1 ' tap C 4,1 V1 C an 10 0 C Vl 1 Q C N DESIGNATION M M Andrews Bridge Old Spanish Trail Pearl Harbor Mem Hwy al E Z Indian River '!Alex MacWilliam Wayside Park Atlantic Bch Blvd Blue Star Mem Hwy Charles A Mitchell Hwy ( Constitution Hwy Dan McCarty Mem Hwy Dwight David Eisenhower Veterans Mem Hwy James H Pruitt Mem Bridge Merrill P Barber Bridge POW -MIA Blue Star Mem Hwy Richard Raczkoski Mem Hwy Robert. C Spillman Mem Hwy i n 0 Y„ a V W t 1 1 !J E 2 d E Z N E S Chi C E '� m X 1.,(C Indian River Indian River Indian River 1 0 C v c _ C Indian River Indian River C c C Indian River Indian River Indian River Y C c E C C • c C C r c ,..%-n.` C Z. ti 131 Select Year: 12019 The 2019 Florida Statutes LG °( Title XXVI Chapter 334 View Entire Chapter PUBLIC TRANSPORTATION TRANSPORTATION ADMINISTRATION 334.071 Legislative designation of transportation facilities. - (1) Designation of a transportation facility contained in an act of the. Legislature is for honorary or memorial purposes or to distinguish a particular facility, and unless specifically provided for, shall not be construed to require any action by a local government or private party regarding the changing of any street signs, mailing address, or 911 emergency telephone number system listing. (2) The effect of such designations shall only be construed to require the placement of markers by the department at the termini or intersections specified for each highway segment or bridge designated, and as authority for the department to place other markers as appropriate for the transportation facility being designated, (3) Erectionof markers shall be contingent on the appropriate city or county commission passing a resolution in support of the particular honorary designation. if the bridge or road segment being designated is located in more than one city or county, resolutions supporting the designation must be passed by each affected local government prior to the erection of the markers. History. s. 44, ch. 99-385; s. 58, ch. 2003-286. Copyright ©.1995-2019 The Florida Legislature • Privacy Statement • Contact Us 132 Sheriff Deryl Loar Indian River County September 9, 2019 The Honorable Bob Solari, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Solari: 9.A. Please accept this letter as my request to be placed on the Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender. Registrant Fee account. I am requesting $15,000 from the account to apply to the purchase of the following items: Renewal of annual subscription for Offender Watch Sex Offender software Renewal of annual subscription for Offender Watch Mobile Service Registrant office supplies $7,533.75 $ 538.13 $6.928.12 $15,000.00 Please place this item under Constitutional Officers for the. September 17, 2019 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl 'Loar, Sheriff DL:nmj cc: Kelly Goodwin Metcalf, Comptroller Jason Brown, County Administrator Kristin Daniels, County Budget Director 4055 41st Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 Ia-A- L INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland DeBlois, AICP; Interim Community Development Director FROM: Bill Schutt, AICP Chief, Long -Range Planning DATE: August 19, 2019 SUBJECT: FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps (Legislative) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 17, 2019. DESCRIPTION AND CONDITIONS On December 4, 2018, the Board of County Commissioners (BCC) held a public hearing to consider an agenda item for the annual update of the Capital Improvements Element of the County's Comprehensive Plan. As part of that item staff requested and the BCC authorized staff to initiate amendments to the Capital Improvements Element and the Transportation Element (Attachment 2). The purpose of this amendment is to update policies and text in those elements to recognize changed transportation related conditions discussed at the December 4, 2018 BCC meeting. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the January 2019 window, and was the only application submitted during that window. The procedures for reviewing a comprehensive plan amendment involve three basic steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing 1341 to review the request (Step 1). At the public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request (Step 2). At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted (Step 3). If the Board approves the request at the final hearing (adoption hearing), then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of April 25, 2019, the Planning & Zoning Commission (PZC) conducted a public hearing, considered the subject amendment, and voted 6-0 to recommend that the Board of County Commissioners approve the proposed amendment (see Attachment 3). BCC Action (Transmittal Public Hearing) After the PZC hearing, the BCC held its transmittal hearing on June 11, 2019, and voted 5-0 to transmit the proposed comprehensive plan text amendment to state and regional review agencies (see Attachment 4). Subsequently, staff transmitted the proposed amendment to state and regional review agencies. State Agency Review After transmittal and review of the proposed amendment, no state or regional reviewing agency had any objections to the comprehensive plan text amendment (see Attachment 5). BCC Final Public Hearing The September 17, 2019 public hearing is the final step in the Comprehensive Plan amendment process. At that hearing, the BCC must decide whether or not to approve the proposed amendment. If the BCC approves the amendment, then staff must transmit the approved amendment to state and regional review agencies. The amendment becomes effective 31 days after the state land planning agency notifies the county that the plan amendment package is complete, if there are no timely objections to it. 1352 Proposed Amendment Changes proposed to the Capital Improvements Element (CIE) primarily involve amending text and amending policies to adjust LOS (level of service) capacity on an interim basis for two roadways (37th Street and County Road 510), and amending concurrency management text related to individual single family home permits. Current comprehensive plan language exempts from concurrency review only single family building permits in subdivisions platted before February 13, 1990, and requires a separate concurrency review for each single-family permit application proposing development on lots created after February 13, 1990. Under the proposed amendment, development on individual single family lots in all subdivisions and on individual legally created single-family parcels will be exempt from concurrency review on a permit by permit basis, with each permit deemed a de minimis impact. Also, under the proposed amendment, traffic impacts from single-family permits will be tracked in the aggregate and factored into development project traffic impact studies as well as the County's CIE Element annual updates. Changes proposed to the Transportation Element involve changing target dates for policy completion, deleting outdated policies, updating items relating to the most recently approved Long Range Transportation Plan adopted by the MPO, removing/revising out-of-date references, adding language to allow for greater flexibility for transportation related improvement designs, adding language to allow for more detailed determinations for segment -specific roadway capacity, and amending text and policies to adjust LOS capacity on an interim basis for two roadways (37th Street and County Road 510) consistent with parallel changes proposed in the CIE. For each proposed change, the following table identifies the policy #, objective #, whether the change is to the non -policy text portion of the plan, the associated page proposed for amendment, and a brief description of the proposed change. Proposed Comprehensive Plan Changes Element Policy #, Objective #, Text Summary Page # What the change is CIE Policy 1.12 Approval of the Indian River County School District Five Year Facilities Work Plan 52 The year 2018 is incorrectly referenced. Replace "2018" with "2019" CIE Policy 3.5 Concurrency Management Level of Service Standards listed. 53- 55 Change the adopted LOS standard for CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. Transportation Policy 1.1 Traffic LOS Standards 158 Same changes as with CIE Policy 3.5 (above) Transportation Policy 1.4 Includes a definition for "Development Project" 159 Removal of "building permit approval for single family development" as a type of a development project. 1363 Element Policy #, Objective #, Text Summary Page # What the change is Description of how "Capacity" is calculated for roadways. 160 Modify to allow for appropriate road capacity adjustment factors to state road categories of the appropriate tables in the most current version of Florida's Level of Service Handbook. Also modify the list of alternative options for determining roadway capacity, to include any generally accepted capacity determination methodology approved by the Public Works Director. Inclusion in the County's concurrency management system of added capacity of certain roadway projects listed in the County's Schedule of Capital Improvements. 160. Change time period reference of the County's Schedule of Capital Improvements Plan to reflect current practice from a "Seven" year plan to a "Five" year plan and correct related reference to allowing use of capacity from roadway projects listed within the first three years of a five year schedule. Transportation Policy 1.6 Time period for reviewing and updating the traffic impact fee schedule. 162 Change to be consistent with the County's recently modified impact fee ordinance to make it a requirement to update the impact fee schedule at least once every five years. Transportation Policy 1.7 Imposition of all or part of the one to five cent local option gas tax. 162 Change from requiring that the County impose by 2015 part or all of the tax, to the County shall consider imposing all or part of the tax by 2023. Transportation Policy 1.10 Requirement that the County through its land development regulations establish various transportation related design standards. 162 Change the design standard requirement of "Provision of Service roads" to "Provision of Service roads or other means of shared access and interconnections" to reflect current code and practice. Transportation Policy 1.11 Requirement that the County will periodically review its off-street parking requirements 162 Change requirement that parking be based upon information from "parking studies" to "ITE (Institute of Traffic Engineers) parking data and parking studies". Transportation Policy 1.12 County adoption of 2030 Cost Feasible Plan project list. 163 Change reference to "2030" Cost Feasible Plan to "2040" Cost Feasible Plan to reflect adopted 2040 LRTP. Transportation Policy 2.4 County's development of ITS (Intelligent Transportation System) infrastructure consistent with FDOT and national ITS architectural standards. 163 Spell out the abbreviation so that it reads "ITS (Intelligent Transportation System)" 1374 Element Policy #, Objective #, Text Summary Page # What the change is Transportation Policy 2.5 Requirement to review proposed development projects to ensure shared access, including frontage/marginal access roads. 163 Update to state that "other means of shared access and interconnections" besides frontage/marginal access roads are allowed. Transportation Objective 3 By 2025 the County will have acquired right-of-way needed for all county collector and arterial roads and all mass transit corridors within the urban area as identified in the 2030 Cost Feasible Plan. 164 Change completion date for objective to "2035". Change the year reference of the Cost Feasible Plan from "2030" to "2040". Transportation Policy 3.1 Adoption of minimum right-of-way standards for various types of roads. 164 Add new text to allow minimum right - of -way standards to be modified based upon a roadway design approved or used by the public works director, or by FDOT, provided drainage is adequately handled. Transportation Policy 5.5 Coordination of mitigation of impacts of airports upon natural resources and land uses. 167 Correct typographical error to replace the word "form" with the word "from" Transportation Policy 6.2 Coordination with FDOT to review various standards for physical roadway development activities. 168 Change the requirement to schedule "regular" meetings with FDOT officials to meetings "as needed". Transportation Policy 6.4 Establishment of a Traffic Operations subcommittee of the MPO Technical Advisory Committee to cooperatively develop solutions to operational issues between jurisdictions. 168. Delete policy; separate committee eliminated; not necessary to address operational issues. Transportation Policy 6.5 Coordination with Workforce Solutions of the Treasure Coast and other organizations and entities to develop regional TDM programs. 168 Re -number to Policy 6.4. Update to include changed name of "Workforce Solutions of the Treasure Coast" to "CareerSource Research Coast". Transportation Policy 6.6 Participation in Regional Transit Authority activities 168 Re -number to Policy 6.5. Transportation Policy 6.7 Coordination with FDOT and Florida East Coast Railroad on future passenger rail service. 168 Re -number to Policy 6.6. Transportation Policy 10.1 Implementation of transportation improvements identified in the 2030 Cost Feasible Plan. 171 Change reference to "2030 Cost Feasible Plan" to "2040 Cost Feasible Plan" to reflect adopted LRTP. Transportation Text Table of Contents 2 - 4 Updated based on edits to element Transportation Text References to various transportation related plans 5 Updated to include the most current dates for the various plans. Transportation Text 2030 Cost Feasible Plan ---- Changed references to "2030" Cost Feasible Plan to "2040" Cost Feasible 1385 Element Policy #, Objective #, Text Summary Page # What the change is . ' Plan. Numerous related text changes to account for differences between the two plans. Transportation Text Various Maps ---- ' Updated various maps including 2040 Transportation Plan Urban Service Area map, Number of Lanes and Road Type map, 2040 E + C Roadway Deficiencies, Existing Transportation jurisdictional responsibility map, Existing Roadway LOS map, Rail and Water Transportation Facilities map, Major Trip Generators map, Cost - Feasible Improvement map, Future Bicycle and Pedestrian maps, transit route maps, and transit needs map. Transportation Text Various outdated references ' ---- Updated text throughout the entire Transportation Element to remove and replace text to reflect completed projects/activities with newer information Transportation Text Various statistical `data and monetary figures ---- Updated statistical data and monetary figures throughout. Transportation Text Table 4.1 Existing and Committed Roadways 20 - 21 Updated table based on new information Transportation Text Landscape Improvements 34 Updated north county trail limits. Transportation Text Bicycle/Pedestrian 34- 35 Updated bike/pedestrian LOS Transportation Text Location of GoLine transfer station 36 Updated to recognize completion of the 16th Street Main Transit Hub in April 2017. Transportation Text Table 4.3A - Transit Quality and Level of Service table 37 - 38 Removed old table and inserted new/updated table. Transportation Text Table 4.4 — Transportation Service Providers 53 Removed outdate table. Transportation Text Major Trip Generators map and list 63 - 64 Updated with new data. Transportation Text Table 4.5 — Journey to Work Characteristics 65 Updated table with new data. Transportation Text Discussion of Level of Service (LOS) on various major roadways. 72 - 73 Updated LOS description with recent information. Inserted discussion of segments of CR 510 and 37th Street that are currently exceeding LOS "D" and the solution to set the LOS of those segments at LOS "D +20%" as an interim measure until planned road 1396 Element Policy #, Objective #, Text Summary Page # What the change is improvements are completed. Transportation. Text Table 4.6 - Socioeconomic Data 77 - Removed table and inserted new table Summary 78 from 2040 Long Range Transportation Plan Transportation Text Table 4.7 — 2030 Potentially 83 - Removed old table from 2030 plan and Deficient Roadways 90 inserted new table from 2040 plan. Transportation Text 2030 Long Range Transportation Plan (LRTP) discussion to adopt all or part of the Environmental Land 91 Removed as part of 2040 LRTP updates. Management Study one to five cent local option gas tax. Transportation Text Text under the "Prioritization of 91 — Updated with 2040 LRTP information. Needs Plan Improvements" section. 99 Transportation Text LOS alternatives for roadways exceeding LOS "D" 95 Added segments of CR 510 and 37th Street as LOS D +20% Transportation Text Table 4.7.2 — 2030 Needs Plan 103 — Replaced 2030 Needs Plan Improvements 105 Improvements table with 2040 Needs Plan Improvements table. Transportation Text Table 4.8A — Capital Revenues by 115 Updated with new table from 2040 Planning Horizon LRTP Transportation Text Table 4.8B — Operating and 116 Updated with new table from 2040 Maintenance Revenues by Planning LRTP Horizon Transportation Text Table 4.9.1 — Improvements and 116 — Updated with "2040 Needs Projects" Needed Right -of -Way 125 table from 2040 LRTP Transportation Text Table 4.9.2 — Highway Evaluation 125- Updated with new table from 2040 Table 126 LRTP Transportation Text Table 4.9.3 — Cost Affordable 126 — Updated with new table from 2040 Projects Listing 128 LRTP Transportation Text Table 4.9.4 Programmed Capital 129 — Removed outdated table. Improvement Projects 135 ANALYSIS Nineteen (19) policies, 1 objective, and various texts of non -policy sections in the two elements of the county's comprehensive plan are proposed to be revised. The proposed changes are shown in .strike that and underline format (Attachment 4) and analyzed below. • Capital Improvements Element Policies 3.5, 1.12, and Concurrency related text edits Policy 3.5 Planning staff, in conjunction with Public Works staff, have requested that Policy 3.5 of the Capital Improvements Element, and a related policy in the Transportation Element (discussed under the 1407 ( Transportation Element Policy subsection of this analysis) be revised. The current Policy 3.5 establishes a Level of Service Standard for traffic circulation for concurrency management purposes as Level of Service D during peak hour, peak season, peak direction conditions on all TRIP funded roads as well as all freeway, arterial, and collector roadways, with the exception of two roads that are set at E + 20% (27th Avenue from South county line to State Road 60 and 43`d Avenue from Oslo Road to 16th Street). Those exceptions were instituted during the development boom of the mid 2000's based upon a policy decision to not widen those roads to 4 lane facilities. No changes are proposed to those two exceptions. Currently, there are two additional roadway segments within the County's concurrency management system that are experiencing or will soon experience capacity issues at LOS D. Those are County Road 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard. In both instances, roadway improvement projects are planned to significantly increase capacity for both segments; however, those projects are not anticipated to be undertaken for some time beyond the allowed 3 year "funded for construction" window for counting future roadway capacity for concurrency purposes. In the case of CR 510, FDOT is undertaking a massive $80+ million widening project from CR 512 to US 1 and that project, due to its scale and cost, will take several years to complete and may be constructed in phases. In the case of 37th Street, an alternative capacity producing project involving the extension of Aviation Blvd to 37th Street and to 41st Street is being pursued as a better alternative to 4-laning 37th Street. The Aviation Blvd. extension project will require right-of-way acquisition and will take several years to complete. Since those two roadway projects will be undertaken beyond the 3 year window, an interim measure level of service of D + 20% is proposed for those roadway segments, with a reverter clause for those segments to be re -adjusted to LOS D after the planned roadway improvement projects are complete. For CR 510, this means adjusting the LOS from 880 peak hour, peak season, peak direction trips to 945 peak hour, peak season, peak direction trips between 66th Avenue and 58th Avenue and to 1109 peak hour, peak season, peak direction trips between 58th Avenue and U.S. Highway 1. For 37th Street this means adjusting the LOS from 880 peak hour, peak season, peak direction trips to 992 peak hour, peak season, peak direction trips between U.S. Highway 1 and Indian River Boulevard. At completion of the planned improvements for both roadway segments, available capacity will exceed conditions under the interim D +20% thresholds. As proposed, the revision to Policy 3.5 will allow the County to continue to approve development , proposals that would impact either or both of the roadways, recognizing that any added trips to those roadways from such development completed in the future would soon be addressed by the planned roadway projects. Policy 1.12 For Policy 1.12 of the CIE, a minor typographical error for a referenced year will be corrected. No substantive change is proposed for this policy. Text Edits With respect to concurrency related text edits, those proposed edits will exempt individual single 1418 family permits from concurrency review. Current County regulations exempt building permits for single-family homes on lots within subdivisions that existed prior to adoption of the Comprehensive Plan in 1990. The proposed amendment will treat all single family permits equally. Under the amendment, traffic impacts from individual homes will be tracked in the aggregate and anticipated trips from single-family permits will be included in development project traffic studies to ensure proper evaluation of impacts. Aggregate impacts will also be evaluated by staff each year in its evaluation and review of the CIE and the 5 year capital improvement program schedule. The proposed text revisions will simplify the building permit process for individual single family permits, making the process consistent for all single family permits regardless of location, while at the same time tracking and accounting for anticipated impacts. In the future,these text changes will need to be reflected in an update to the LDR Chapter 910 concurrency regulations. • Transportation Element Policies 1.1, 1.4, 1.6, 1.7, 1.10, 1.11, 1.12, 2.4, 2.5, 3.1, 5.5, 6.2, 6.4, 6.5, 6.6, 6.7, 10.1, Objective 3, and various text, maps, and tables. Policy 1.7 Metropolitan Planning Organization staff identified one policy (Policy 1.7) and one objective (Objective 3) that need extended completion dates. The proposed change to Policy 1.7 will delete reference to imposing all or part of the one to five cent local option gas tax from the year 2015 to the year 2023 and changes the imposition from a "mandate" to an item of Board consideration, consistent with the adopted 2040 Long Range Transportation Plan. The 2023 date for consideration will be well- timed for the 2024 impact fee update. The proposed change to Objective 3 shifts the acquisition deadline of County right-of-way for various roadways and mass transit corridors from 2025 to 2035. This change makes the objective consistent with the adopted 2040 Long Range Transportation Plan. In addition to being consistent with the 2040 Long Range Transportation Plan, both changes also reflect more reasonable timeframes to implement the policy and the objective. Policy 1.1 Proposed changes to Policy 1.1 will make this policy consistent with proposed changes to Policy 3.5 of the Capital Improvements Element (discussed above). Those changes deal with the assignment of LOS D + 20% to segments of County Road 510 and 37th Street as an interim measure in recognition of delays in planned and funded major capacity improvement projects for those two roadway segments. Other Policies Staff also identified additional policies that need updates to reflect changed circumstances with County regulations and/or procedures that are currently being followed. Policies 1.4 and 1.6 are proposed to be revised to be consistent with County policies in other Comprehensive Plan elements and/or ordinances. Proposed changes to Policy 1.4 will correct the time period that the County's schedule of Capital Improvements addresses, changing it from an old reference of seven (7) years that is no longer correct to a five (5) year time frame. Policy 1.6 is proposed to be revised to make the time period for reviewing and updating the traffic impact fee schedule consistent with the 1429 County's impact fee ordinance which now requires a fee schedule update every five years. Polices 1.10, 1.11, 2.5, and 3.1 are proposed to be revised to allow for greater design flexibility. As proposed, revisions to Policies 1.10 dnd 2.5 will allow for means of shared vehicular access such as driveway interconnections, besides frontage roads, that are currently being implemented by County staff consistent with the development code. Proposed revisions to Policy 1.11 will allow the County to consider updating parking requirements based on the Institute of Traffic Engineers (ITE) parking studies. For some types of development, this change could provide greater design flexibility to reduce parking facilities and impervious area, where warranted. Proposed revisions to Policy 3.1 will allow for roadway design flexibility where opportunities for stormwater pond siting/sharing exist, or in areas that have limited right-of-way and special (e.g., more urban) designs are warranted, or where it would be cost -prohibitive to obtain additional right-of-way. The remaining proposed policy changes primarily deal with deleting references that are no longer applicable, replacing outdated references, correcting minor typographical errors, and re -numbering policies after deletion of policy 6.4 (refers to a subcommittee that no -longer exists). Text Edits With respect to general text and map edits, revisions are needed to recognize the proposed LOS adjustments for certain segments of 37th Street and CR 510, to recognize differences between the 2030 Long Range Transportation Plan and the 2040 Long Range Transportation Plan, and to recognize differences in other related and updated transportation plans. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the County code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan". For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan which identify actions the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for the subject proposed amendments is Policy 14.3. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; 1440 • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendments meet Policy 14.3's third criterion. The proposed changes were requested by staff and authorized for consideration by the Board due to changes in circumstances. For the proposed amendments, changed circumstances include the need to update outdated information and references, the need to temporarily address level of service issues for two roadways scheduled for widening/improvements that will increase capacity, and the desire to simplify concurrency reviews for individual single family permits. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives. also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the proposed amendments are consistent with the County's Comprehensive Plan. CONCLUSION Staffs position is that updating the County's Comprehensive Plan, as proposed, is warranted based on changes in circumstances and to ensure that the county's comprehensive plan remains current and accurate. With the possible exception of future state mandates, the proposed amendments, together with other county -initiated amendments adopted over the last several years, will result in an up-to- date plan that should not need further element by element updating until the County conducts a thorough evaluation and appraisal process beginning in 2022/23. RECOMMENDATION: Based on the analysis performed, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment by approving the proposed ordinance and authorize the Community Development Director to transmit the ordinance and any related materials to the state land planning agency and interested parties. ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application 2. Portion of December 4, 2018 BCC Meeting Minutes 3. Portion of April 25, 2019 PZC Meeting Minutes 4. Portion of June 11, 2019 BCC Meeting Minutes 5. Letter from Department of Economic Opportunity and Related Correspondence from Review Agencies 6. Adoption Ordinance (includes Appendix A proposed Comprehensive Plan Text Amendment) F:\Community Development\Comprehensive Plan Text Amendments \2019 Transportation and CIE\Agenda Items\BCC FINAL HEARING ITEM\BCC Agenda Item for Comp Plan Text amendment - September 17, 2019 BCC.docx 1411 Assigned APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTA) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January, April, July and October of each year (except that Capital Improvements Element Amendments may be initiated by the County anytime during the year in accordance with Florida Statutes, Section 163.3177(3)(b)). Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. "ivrvivP74b ief '" � ; < 4 � ,.. Project Number: CPTH �0 VA01609 5 "- o `3 `f - 1 JAN '019 i/f•11f�i1 :aI Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. 1. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise the Transportation Element & the Capital Improvements Element of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of $NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\CPTA FORM.doc Attachment 1 Le4L Current Owner/Applicant Agent tom... CI , i, jY Name: Indian River County Board of County Commissioners Community Development.'' -°-j''' =71� Department Staff `': ,; <In': 2. Authorize staff to initiate update) Board of County Commissioners Meeting Minutes - Final December 4, 2018 B.N. 18-2562 Work Order No. 2018006-4, Aptim Environmental & Infrastructure, Inc. Sector 3 Beach and Dune Re.nou.rishment - 2018 Pre -Construction Biological Monitoring Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 2018006-4 to the contract with Aptim Environmental & Infrastructure. Inc. and authorize the Chairman to sign on behalf of the County. Attachments: Staff Report Aptim WO# 2018006-4 Approved staffs recommendation 8.0. 18-2544 Approval of Interlocal Agreement with the City of Fellsmere for Library Services at the Marian Fell Library Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve the Interlocal Agreement between Indian River County and the City of Fellsmere, and authorize Chairman to sign. Attachments: Staff Report interlocal Agreement - City of Fellsmere Library for 12-04-2018 Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1 0.A.1 18-2536 County Initiated Request to Amend the 5 Year Capital Improvements Program and the Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan for the Period FY 2018/19 - 2022/23. Plan Amendment Number: CPTA 2018100152-83037 (Legislative) Recommended Action: Based on the analysis conducted, staff recommends that the Board of County Commissioners: 1. Approve the update to the 5 Year Capital Improvements Program for the period FY 2018/19 - 2022/23 and supporting data and analysis of the Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the proposed ordinance; and (amendments to the CIE and the Transportation Element in the January 2019) (amendment submittal window. Attachment 2 Indian River County Florida 1469e 6 Board of County Commissioners Meeting Minutes - Final December 4, 2018 Attachments: Staff Report Comprehensive Plan Text Amendment Application Comprehensive Plan Text Amendment Ordinance Strike Through and Underline Version of CIE 5 Year Schedule of Capital Improvements PROOF OF PUBLICATION FOR THE PUBLIC HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Solari made note that page 6 of staffs report had been replaced. Community Development Director Stan Boling, through the use of a PowerPoint Presentation, explained the purpose of the text amendment to the Comprehensive Plan, and provided details regarding the adoption process as well as the preparations involved with the Capital Improvements Element (CIE) of the Plan. He highlighted the revisions made to the 5 Year Capital Improvements Program (CIP), summarized the expenditures by category, and announced proposed and ongoing projects. Director Boling explained that the correction to page 6 pertained to the Lagoon -benefitting projects, which will be funded by 20% of the proceeds of the first five years of the extended One -Cent Local Option Sales Tax. Among the Transportation projects mentioned was the proposed Aviation Boulevard Extension project, which would require negotiations with the Indian River Hospital District (the District). He also mentioned that staff has identified changes to the Transportation Element and portions of the CIE that need to be updated, and asked the Board to approve staffs recommendation and provide authorization for staff to approach the District about the Aviation Boulevard Extension project. Comments ensued about having. the County's Public Works: Department manage the Capital Improvements Projects for the Sheriffs Office; advancing certain water projects (particularly Lagoon friendly projects), in readiness for potential State funding; whether the improvements at the Sandridge Golf Club could be completed sooner than outlined; and developing out the new Pickleball Complex at South County Park sooner, in response to requests from residents. The Board consensus was to have the Lagoon -benefitting projects moved along to take advantage of a two-year window wherein Senator Debbie Mayfield, would chair the State Appropriations Committee for Water Projects. Chairman Solari sought and received Board consensus to add a Public Education component to the proposed AMR (Automatic Meter Reading) AMI (Advanced Meeting Infrastructure) Meter Conversion project, and for staff to report back to Indian River County Florida 14Pbge 7 Board of County Commissioners Meeting Minutes - Final December 4, 2018 the Board on post -recession deferred maintenance or capital expenditure items still outstanding. The Chairman opened the public hearing; there were no speakers, and the public comments section was closed. A motion was made by Commissioner O'Bryan, seconded by Commissioner) Zorc, to: (1) approve staff's recommendation)and adopt Ordinance 2018-025, amending the text of the Comprehensive Plan's Capital Improvements Element by updating the County's 5 year Capital Improvements Program (CIP) Schedule and related data and analysis sections; and providing severability and effective date; and (2) authorize staff to begin negotiations with the Indian River Hospital District on the Aviation Extension Project. 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 1O.B.1. 18-2568 Request to Speak from Fred Mensing Regarding All Aboard Florida/BrightlineNirgin Trains/Florida East Coast Railway Railroad Crossings - Tunnels and Bridges Recommended Action: Request to Speak - Action Not Required Attachments: Request to Speak Form Frederick Mensing, 4123 18th Place, addressed the Board about Florida's East Coast Railway's (FEC's) expanding freight service, and how it will impact the ability of emergency responders to cross the railroad tracks and get people to an emergency facility. He mentioned that other cities have constructed tunnels or bridges to alter the railroad crossing areas. Mr. Mensing also deemed that the Board of County Commissioners had expended funds to fight Virgin Trains (also known as the Brightline and All Aboard Florida) rather than protecting the residents west of the FEC Railroad. No Action Taken or Required C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services Indian River County Florida 148i9e 8 Portion of Approved April 25, 2019 Planning and Zoning Commission Meeting Minutes Chairman Todd Brognano proceeded to close the public hearing. ON MOTION BY Mr. Alan Polackwich, SECONDED BY Dr. Jonathan Day, the members voted unanimously (6-0) to approve staff recommendations on this Legislative matter. C. County initiated Request to Amend (Update) the text of the Capital Improvements Element of the county's Comprehensive Plan to modify certain concurrency management requirements, modify certain transportation level of service standards, modify and add new policies to allow for more effective implementation of concurrency management; and to update the Transportation Element to modify certain transportation level of service standards, and to remove and replace outdated text, data and maps. [Legislative] Mr. Stan Boling provided context regarding the timing of the Evaluation and Appraisal Report for the county's Comprehensive Plan as it relates to census data and the Long -Range Transportation Plan updated by the Metropolitan Planning Organization (MPO) every five years. Mr. William Schutt, Chief of Long Range Planning, reviewed information regarding the request to amend the Comprehensive Plan and gave a PowerPoint presentation, copies of which are on file in the BCC office. He recommended that the Planning & Zoning Commission recommend that the BCC approve the proposed text amendments for transmittal to state and regional review agencies. Mr. William Schutt, Mr. Stan Boling, and Deputy County Attorney Mr. Bill DeBraal proceeded to answer questions from the Commissioners regarding the proposed amendments. Mr. PhD Matson, MPO Staff Director, referred to the Florida Department of Transportation (FDOT) Quality Level of Service Handbook and clarified details of the proposed transportation amendments. He agreed to provide the link to the Handbook to the Commissioners. Chairman Todd Brognano opened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. ON MOTION BY Mr. Jordan Stewart, SECONDED BY Dr. Jonathan Day, the members voted unanimously Attachment 3 PZC/Approved 3 April 25, 2019 F:\BCC\AII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 149 (6-0) to approve staff recommendations on this Legislative matter. Comnnissioner's Matters There were none. Planning Matters Mr. Stan Boling stated that there is a public hearing planned for the next meeting on May 9th. Attorney's Matters There were none. Ad urnment There being no further business, the meeting adjourned at 8:23 p.m. Attachment 3 PZC/Approved 4 April 25, 2019 F:\BCCWII Committees\P&Z\2019—AGENDAS & MINUTES\PZC 042519.doc 150 Ron DeSantis GOVERNOR The Honorable Bob Solari Chairman, Indian River County Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Dear Chairman Solari: FLORIDA DEPARTMENT ef ECONOMIC OPPORTUNITY July 5, 2019 Ken Lawson EXECUTIVE DIRECTOR RECEIVED JUL 0 9 2019 JOARD OF COUNTY COMMISSION The Department of Economic Opportunity ("Department") has reviewed the proposed comprehensive plan amendment for Indian River County (Amendment No. 19-01ESR) received on June 19, 2019. The review was completed under the expedited state review process. We have no comment on the proposed amendment. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition, the County is reminded that: • Section 163.3184(3)(b), F.S:, authorizes other reviewing agencies to provide comments directly to the County. if the County receives reviewing agency comments and they are not resolved, these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing, which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S., the amendment effective date is 31 days after the Department notifies the County that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity! Caldwell Building, 107 E. Madison Street 1 Tallahassee, FL 32399 850.245.71051 www.FloridaJobs.orq www.twitter.com/FLDEO Jwww.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 151 The Honorable Chairman Solari July 5, 2019 Page 2 of 2 If you have any questions concerning this review, please contact Ed Zeno, Planning Analyst, by telephone at (850) 717-8511 or by email at ed.zeno-gonzalez@deo.myflorida.com. Sinc JDS/ez Enclosure(s): Procedures for.Adoption es D. Stansbury, Chief ureau of Community Planning and Growth cc: Stan Boling, AICP,.Director, Community Development Department, Indian River County Thomas Lanahan, Executive Director, Treasure Coast Regional Planning Council 152 OFFICE OF THE COMMISSIONER (850) 617-7700 THE CerrroL 400 SOUTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE "NIKKI" FRIED June 21, 2019. VIA EMAIL (bschutt@ircgov.com) Mr. Bill Schutt, AICP, Chief of Long Range Planning Indian River County Community Development Department 1801 27th Street Vero Beach, Florida 32960 Re: DACS Docket # -- 20190618-88 Indian River County Submission dated June 19, 2019 Dear Mr. Schutt: The Florida Department of Agriculture and Consumer Services (the "Department") received the above - referenced proposed comprehensive plan amendment on June 18, 2019, and has reviewed it pursuant to the provisions of Chapter 163, Florida Statutes, to address any potential adverse impacts to important state resources or facilities related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s) are adopted. Based on our review of your county's submission, the Department has no comment on the proposal. If we may be of further assistance, please do not hesitate to contact me at 850-410-2282. Sincerely, x`bu defieur Lolley Sr. Management Analyst II Office of Policy and Budget cc: Florida Department of Economic Opportunity (SLPA #: Indian River County 19-01ESR) 1-800-HELPFLA www.FreshFromFloridap5•5 Bill Schutt From: Hymowitz, Larry <Larry.Hymowitz@dot.state.fl.us> Sent: Thursday, July 18, 2019 1:49 PM. To: 'DCPexternalagencycomments'; Bill Schutt Cc: Pennington, Dan; Bush, Lois; Fasiska, Christine; Li, Shi-Chiang Subject: Indian River County 19-1ESR - FDOT District Four Review I am writing to advise you that the Department will not be issuing formal comments for the proposed Indian River County comprehensive plan amendment with DEO reference number 19-1ESR. The Department requests one electronic copy in Portable Document Format (PDF), of all adopted comprehensive plan amendment materials, including graphic and textual materials and support documents. Thank you. Larry Hymowitz Planning Specialist — Policy Planning & Growth Management Planning & Environmental Management - FDOT District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309=3421 Phone: (954) 777-4663; Fax: (954) 677-7892 Iarry.hymowitz@ dot.state.fl.us 1 154 Bill Schutt From: Hight, Jason <Jason.Hight@MyFWC.com> Sent: Tuesday, July 09, 2019 4:21 PM To: DCPexternalagencycomments@deo.myflorida.com; Bill Schutt Cc: Raininger, Christine; Wallace, Traci; Wettstein, Fritz Subject: Indian River County 19-1ESR Dear Mr. Schutt: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to. offer on this amendment. If you need any further assistance, please do not hesitate to contact our office by email at FWCConservationPlanningServices@MyFWC.com. If you have specific technical questions, please contact Christine Raininger at (561) 882-5811 or by email at Christine.Raininger@MyFWC.com. Sincerely, Jason Hight Biological Administrator II Office of Conservation Planning Services Division of Habitat and Species Conservation 620 S. Meridian Street, MS 5B5 Tallahassee, FL 32399-1600 (850)228-2055 Indian River County 19-1ESR_39571 1 155 Bill Schutt From: Plan_Review <Plan.Review@dep.state.fl.us> Sent: Monday, July 15, 2019 4:08 PM To: Bill Schutt; DCPexternalagencycomments@deo.myflorida.com Cc: Plan Review Subject: Indian River County 19-1ESR Proposed To: Bill Schutt, Chief of Long Range Planning Re: Indian River County 19-1ESR — Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to P1an.ReviewAFloridaDEP.gov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037. 1 156 Bill Schutt From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com> Sent: Wednesday, July 03, 2019 9:32 AM To: Bill Schutt Cc: DCPexternalagencycomments@deo.myflorida.com Subject: Indian River County proposed comprehensive plan amendment 19-1ESR Dear Mr. Schutt, St. Johns River Water Management District (District) staff have reviewed Indian River County proposed comprehensive plan amendment 19-1ESR in accordance with the provisions of Chapter 163, Florida Statutes. Based on review of the submitted materials, District staff have no comments on the proposed amendment. If you have any questions or need additional information, please contact me. Please note that all proposed and adopted comprehensive plan amendments can be submitted to the District by email at sfitzgibbons@sjrwmd.com. Sincerely, Steve Fitzgibbons Steven Fitzgibbons, AICP Intergovernmental Planner Governmental Affairs Program St. Johns River Water Management District 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 Office (386) 312-2369 E-mail: sfitzgibbons@sirwmd.com Website: www.sirwmd.com Connect with us: Newsletter, Facebook, Twitter, Instagram, YouTube, Pinterest www.sjrwmd.com/e;permitting We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this link Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida Statutes). Details, applicability and the registration form are available at http://www.sjrwmd.com/lobbyist/ 1 157 Bill Schutt From: Stephanie Heidt <sheidt@tcrpc.org> Sent: Monday, July 22, 2019 4:52 PM To: 'DEO CPA Reports (DCPexternalagencycomments@deo.myflorida.com)'; Roland Deblois; Bill Schutt Cc: Eubanks, Ray; Ed Zeno (ed.zeno-Gonzalez@deo.myflorida.com); Kelly Corvin (Kelly.corvin@deo.myflorida.com) Subject: Indian River County Comprehensive Plan Amendment No. 19-01ESR Attachments: 4B7_Ind ian_River_County_1901ESR.pdf Council has reviewed the above -referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes. A copy of the report approved by Council at its regular meeting on July 19, 2019 is attached. Please send one copy of all materials related to these amendments directly to our office once they are adopted by your governing body. If you have any questions, please feel free to contact me. Stephanie Heidt, AICP Economic Development and Intergovernmental Programs Director Treasure Coast Regional Planning Council 772.221.4060 Office 772.475.3863 Cell sheidt@tcrpc.org 1 158 Revision: TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 4B7 From: Staff Date: July 12, 2019 Subject: Local Government Comprehensive Plan Review Draft Amendment to the Indian River County Comprehensive Plan Amendment No. 19-01ESR Introduction The Community Planning Act, Chapter 163, Florida Statutes, requires that the regional planning council review local government comprehensive plan amendments prior to their adoption. The regional planning council review and comments are limited to adverse effects on regional resources or facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. Council must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the state land planning agency. The amendment package from Indian River County was received on June 17, 2019 and contains text amendments to the Capital Improvements and Transportation elements of the comprehensive plan. This report includes a summary of the proposed amendments and Council comments. Summary of Proposed Amendments Capital Improvements Element (CIE) Changes proposed to the CIE primarily involve amending text and policies to adjust the level of service (LOS) on an interim basis for two roadways (37th Street and County Road 510) from LOS "D" to "D" plus 20%, and then revert back to LOS "D" after planned road improvement projects are completed; and amending concurrency management text related to individual single- family home permits. Current comprehensive plan language exempts from concurrency review only single-family building permits in subdivisions platted before February 13, 1990, and requires a separate concurrency review for each single-family permit application which proposes development on lots created after February 13, 1990. Under the proposed amendment, development on individual single family lots in all subdivisions and on individual legally created single-family parcels will be exempt from concurrency review on a permit by permit basis, with each permit deemed a de minimus impact. Under the proposed amendment, traffic impacts from 159 single-family permits will be tracked in the aggregate and factored into development project traffic impact studies as well as the County's CIE Element annual updates. Transportation Element Changes proposed to the Transportation Element involve changing target dates for policy completion, deleting outdated policies, updating policies, data, maps, and tables relating to the most recently approved Long Range Transportation Plan adopted by the Metropolitan Planning Organization, removing/revising out-of-date references, adding language to allow for greater flexibility for transportation related improvement designs, adding language to allow for more detailed determinations for segment -specific roadway capacity, and amending text and policies to adjust LOS capacity on an interim basis for two roadways (37t Street and County Road 510) consistent with concurrent changes proposed in the CIE. The County has provided the changes in strikes and underline format. Because of the extensive volume of material in the amendment package, the revisions have been provided as a supplement on Council's website. Regional Impacts No adverse effects on regional resources or facilities have been identified. Extraj uris dictional Impacts Council requested comments from local governments and organizations expressing an interest in reviewing the proposed amendment on June 29, 2019.. No extrajurisdictional impacts have been identified. Conclusion No adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Related to the proposed amendment to exempt all individual single-family house permits from concurrency review, the County needs to ensure that policies remain in the comprehensive plan to require that concurrency for all established level of service standards is verified for all new development, including single-family residential, at some point in the development approval process. Recommendation Council should approve this report and authorize its transmittal to Indian River County and the Florida Department of Economic Opportunity. Council Action — July 19, 2019 Attachment 160 List of Exhibits Exhibit 1 General Location Map 161 Exhibit 1 General Location Map 162 ORDINANCE NO. 2019 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN TO MODIFY CERTAIN CONCURRENCY MANAGEMENT REQUIREMENTS, MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, MODIFY AND ADD NEW POLICIES TO ALLOW FOR MORE EFFECTIVE IMPLEMENTATION OF CONCURRENCY MANAGEMENT; AND TO UPDATE THE TRANSPORTATION ELEMENT TO MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, AND TO REMOVE AND REPLACE OUTDATED TEXT, DATA, AND MAPS; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990; and WHEREAS, the County received Comprehensive Plan amendment applications during its January 2019 amendment submittal window; and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on April 25, 2019, and WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on June 11, 2019, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on September 17, 2019, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: 1 Attachm t 6 ORDINANCE NO. 2019 - SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and . the Board of County Commissioners directs staff to transmit the amendment to the State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan AMENDMENT OF THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT AND TRANSPORTATION ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (APPENDIX A). SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the 1 ST day of September, 2019, for a public hearing to be held on the 17th day of September 2019, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bob Solari, Chairman Susan Adams, Vice Chairman Joseph E. Flescher, Commissioner Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner 2 164 ORDINANCE NO. 2019 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Bob Solari, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Depailtnent of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Roland DeBlois, AICP; Interim Community Development Director F:\Community Development\Comprehensive Plan Text Amendments \2019 Transportation and CIE\Transmittal Resolution and Ordinances\Attachment 6 - Text Amendment Adoption Ordinance V2.doc 16 Appendix A to Comprehensive Plan Text Amendment Ordinance A Copy of the Proposed Transportation Element and Capital Improvements Element Comprehensive Plan Text Revisions are Available in the Board of County Commissioners Office and Community Development Department. F:\Community Development\Comprehensive Plan Text Amendments\2019 Transportation and CIE\Agenda Items\BCC:FINAL HEARING ITEM\BCC Attachment on File in BCC Office.docx Appeijx A 09/17/2019 Item 10.A.1. Board of County Commissioners Septe mber 17,2019 Comprehensive Plan Text Amendment Capital Improvements Element Transportation Element Comprehensive' Plan Amendment Process Applica ion Submit ed o CommuniWDevelopment: � I De a ent - '..._5v::,:::::v<:.::.:k:::q::::c::x.:!, a._._s ''n�.._...._:..;....:.;.� _r .+l S:;"^.'- : -...-c .; .. �±I?1.?Ji*�:t.=2....�. r - : - •: 'A?:.�.rfi ..:.......:...y:..:!i2y_F-..._ ..... __.?:..-:T"'.:y:' :'�' 3ei nig before Planning Aid Commission, (fAp„rii 25;201! .via ,waw •mom vim nn mow' M �rx.-y'"•:�r `af Coun .ransmi tal p b hearing before Board o ommissioners e'd to State and -Regional Review' 'i: ...:. PSI F t.�_2�.T __ _ } _.++.'.!!' Pr4r7i� �•.,�!Y I 09/17/2019 Item 10.A.1. yCommissioners holds final ng (September 17, 2po19)"sY 1 Adopted amendmentttransmitted to Stater . Regiona1ReiewAgencies : E.: . andLand.Planno!� s—a'rnL.'y, g _av � Agency 4. ... 3 Purpose Amend the Text of the Capital Improvements Element, and Transportation Element of the County's Comprehensive Plan to recognize changed conditions: 1 • Implement BCC direction for: • updating/simplifying single family concurrency review procedures • setting interim LOS for CR 510 and 37th Street. • updating to incorporate currently adopted Long Range Transportation Plan references • updating for other related items • Ensure that Policies Objectives, and general text remain up-to-date 09/17/2019 Item 10.A.1. Past Action • April 25, 2019 — PZC recommended that the BCC approve the proposed amendment • June 11, 2019 - BCC approved transmittal to state and regional review agencies • No state or regional reviewing agency had any objections or comments Proposed Amendments Capital Improvements Element • Policy 1.12 - Correct year reference (2019 instead of 2018) • Policy 3.5 - Change the adopted LOS standard to an interim standard for CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. - Both projects prioritized and committed but delayed • Text amendments to exempt all single family homes (not just pre -1990 lots) from concurrency review on a permit by permit basis (deemed a de -minimus impact); require tracking of single-family permit impacts for incorporation into development project traffic studies and staff's annual CIE evaluation. 09/17/2019 Item 10.A.1. Proposed Amendments Transportation Element • Policy 1.1— Same change as CIE Policy 3.5: Change the adopted LOS standard for CR 510 from 66th Avenue to US Highway 1 and 37th Street from US Highway 1 to Indian River Boulevard from LOS "D" to "D" plus 20%. LOS to revert to LOS "D" after planned road improvement projects are completed. • Policy 1.4 • Remove "building permit approval for single family development" from concurrency review (similar to CIE text amendments) • Provide for Public Works Director approval to accept traffic capacity special analysis • Correct time period of Capital Improvements Plan (5 years instead of 7 years) • Policy 1.6 — Revise time period for updating traffic impact fee schedule to be consistent with County's recently modified impact fee ordinance (once every five years). Proposed Amendments Transportation Element continued • Policy 1.7 = Change from "shall impose" by 2015 all or part of the one to five cent local option gas tax to "shall consider imposing" optional gas tax by 2023. • Policy 1.10— Add to development standards the option of "other means of shared access and interconnections" as an alternative to providing service (frontage) roads. • Policy 1.11- Change basis for parking requirement from "parking studies" to "ITE (Institute of Traffic Engineers) parking data and parking studies". • Policy 1.12 - Change reference from "2030" Cost Feasible Long Range Transportation Plan to "2040" Cost Feasible Plan to recognize the adopted 2040 LRTP. ) 4(P 4 09/17/2019 Item 10.A.1. Proposed Amendments Transportation Element continued • Policy 2.4 — Spell out the acronym "Intelligent Transportation System" • Policy 2.5 - Update shared access requirements to refer to "other means of shared access and interconnections". • Objective 3 - Change completion date for acquiring all County ROW for County collector and arterial roads and mass transit corridors within the USA from "2025" to "2035", consistent with the adopted 2040 Long -Range Transportation Plan. • Policy 3.1- Revise to allow general ROW width standards to be modified by FDOT or the Public Works Director provided drainage is adequately handled. • Policy 5.5 — Correct typographical error. Proposed Amendments Transportation Element continued • Policy 6.2 — Change the frequency of meetings with FDOT staff to review various roadway standards from "regularly" to "as needed". • Policy 6.4 —Delete current Policy 6.4 for establishing the "Traffic Operations subcommittee" of the MPO Technical Advisory Committee (separate sub- committee not necessary). • Policies 6.5, 6.6, and 6.7 — Renumber Policies 6.4, 6.5, and 6.6. Minor text edits. • Policy 10.1— Change Long Range Transportation Plan references from "2030 Cost Feasible Plan" to "2040 Cost Feasible Plan". 09/17/2019 Item 10.A.1. Proposed Amendments Transportation Element continued • Text Updates • Table of Contents • Numerous maps • Various tables • Outdated references throughout • Statistical data and monetary figures • Recent project information Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. ■ A mistake in the approved plan; ■ An oversight in the approved plan; ■ A substantial change in circumstances; or ■ A swap or reconfiguration of land uses at separate sites 09/17/2019 Item 10.A.1. Changed Circumstances • Information, references, and some processes now out of date • Level of service issues arising for two roadways (CR 510, 37th Street) scheduled for widening/alternate improvements that will increase capacity but will take time for actual road project construction Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed, Comprehensive Plan text amendment by adopting the ordinance attached to the agenda item and authorizing the Community Development Director to transmit the ordinance and related materials to the state land planning agency and interested parties. 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT FINAL PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of an amendment to the text of the comprehensive plan. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, September 17, 2019, at 9:00 a.m. in the County Commission Chambers of County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed amendment is included in a proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN TO MODIFY CERTAIN CONCURRENCY MANAGEMENT REQUIREMENTS, MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, MODIFY AND ADD NEW POUCIES TO ALLOW FOR MORE EFFECTIVE IMPLEMENTATION OF CONCURRENCY MANAGEMENT; AND TO UPDATE THE TRANSPORTATION ELEMENT TO MODIFY CERTAIN TRANSPORTATION LEVEL OF SERVICE STANDARDS, AND TO REMOVE. AND REPLACE OUTDATED TEXT, DATA, AND MAPS; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE (Legislative) The plan amendment application may be inspected by the public at the Community Development Department in County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Long Range Planning Section at (772) 226-1250. Anyone who may wish to appeal any decision which may be made at this meeting wit need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Cornmissioners By: -s- Bob Solari, Chairman To be advertised September 1, 2019. TR-GCI02500M 01 Treasure Coast Newspapers INDIAN RIVER COUNTY PLANNING 1801 27TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, Vicky Felty, who on oath says that she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Joumal is a newspaper published in Vero Beach in said Indian River County. Florida, and that said newspaper has heretofore been continuously published in saki 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. September 1, 2019 Subscribed and sworn to before on September 6, 2019: Notary, State of WI, County of Brown 1 TARA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: S105.00 Ad No: GCI0250036 Customer No: 334192 PO#: PART,OF THE USATODAYNETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION )O.A.2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Roland M. DeBlois, AICPA Interim Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: August 19, 2019 SUBJECT: Edisson E. Vasquez's Request for Abandonment of a 5' Wide Portion of a 70' Right -of -Way for 24th Street, Adjacent to Lot 1, Block 5 of the Heathland Subdivision [ROWA-18-12-05 / 2018070145-82708] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 17, 2019. DESCRIPTION AND CONDITIONS: Edisson E. Vasquez is requesting abandonment of a 5' wide portion of a 70' right-of-way for 24th Street, adjacent to Lot 1, Block 5 of the Heathland Subdivision. The 70' wide portion of 24th Street is developed as a paved street with utilities (drainage, utility poles, and above and below ground lines) within the right-of-way. Those improvements will remain "as -is", and will be protected by retaining drainage and utility easements over appropriate areas of the right-of-way. Currently, the applicant owns the abutting lot (lot 1 of block 5 of the Heathland Subdivision), and the subject abandonment request includes only that portion of the existing right-of-way that immediately abuts the applicant's lot. The applicant's request is limited to a 5' wide strip immediately adjacent to the north line of lot 1, block 5 of the Heathland Subdivision. This portion of 24th Street right-of-way is 70' wide, which exceeds the County's local road standard of 60'. The abandonment of 5' will reduce the overall width to 65', which continues to exceed the local road standard, and allows the applicant to build a 5' wider home. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified by mail each property owner adjacent to the subject right-of-way. No questions or responses were received from any adjacent property owners. Additionally, all County divisions and utility providers . having jurisdiction or potential interests have reviewed the abandonment request and support the request with one agency requesting that a public drainage and utility easement be retained over the area requested to be abandoned. At this time, the applicant requests that the subject portion of right-of-way be abandoned. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CODA9FF\@BCL@7CODA9FF.docx Page 1 of 2 167 ANALYSIS: Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject 5' wide segment of right-of-way. Upon review, all reviewing departments recommended approval, with one reviewing agency indicating that they would support the request for abandonment, conditioned on retaining a public drainage and utility easement over the entire 5' wide segment of existing right-of-way. Therefore, the proposed abandonment resolution has been structured to retain the requested easement, and all departments support the request for abandonment subject to the easement. If approved, the abandonment request will increase the buildable area for the applicant's abutting lot, since the easement area will fulfill a portion of the setback required. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject right-of-way does not provide primary access to any property. The abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the 24th Street right-of-way and authorize the Chairman to execute the attached abandonment resolution, with the following condition: 1. The County shall retain a public drainage and utility easement over the entire area of abandoned right-of-way. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CODA9FF\@BCL@7CODA9FF.docx Page 2 of 2 168 IN N AV 'H194 (AV NNVW373) AV ab € ' rod A3sson AV HIM' AV H194 .8 RESOLUTION 2019 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 5' WIDE PORTION OF A 70' RIGHT-OF-WAY FOR 24TH STREET LYING WEST OF 44TH AVE ADJACENT TO THE NORTH PROPERTY LINE OF LOT 1, BLOCK 5 OF THE HEALTHLAND SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 4, PAGE 39, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH RETAINAGE OF A PUBLIC DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE AREA. WHEREAS, Indian River County originally received a duly executed and documented petition from Edisson E. Vasquez on September 6, 2018, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a 5' wide portion of 70' right-of-way for 24th Street lying west of 44th Ave, adjacent to the north property line of Lot 1, Block 5 of the Healthland Subdivision, Indian River County, Plat Book 4, Page 39, of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right- of-way is not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: THE SOUTHERLY 5.0 FEET OF A 70.0 FEET RIGHT OF WAY, KNOWN AS 24th STREET, LYING WEST OF 44th AVENUE AND ADJACENT TO: THE NORTH LINE OF LOT 1, BLOCK 5 OF THE PLAT OF HEATHLAND SUDIVISION, PLAT BOOK 4, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. (CONTAINING 600± SQ, FT.) Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a public drainage and utility easement shall be retained over the entire area (see attached Exhibit A). 2. The closing, vacation, and abandonment of this segment of public right-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 170 ATTACHMENT #2 RESOLUTION 2019 - The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject right-of-way shall revert entirely to and be combined with Lot 1 Block 5 of the Heathland Subdivision, subject to a public drainage and utility easement over the entire area. 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 Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of , 2019. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: State of Florida County of Indian River Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. 171 ATTACHMENT #2 RESOLUTION 2019 - WITNESS my hand and official seal in the County and State last aforesaid this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY BY: Notary Public Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Roland M. DeBlois, AICP, Interim Director Community Development Department 172 ATTACHMENT#2 SKETCH & DESCRIPTION SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT A BOUNDARY SURVEY) PURPOSE FOR RIGHT OF WAY ABANDONMENT SHEET 1 OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 LEGAL DESCRIPTION: THE SOUTHERLY 5.0 FEET OF A 70.0 FEET RIGHT OF WAY, KNOWN AS 24th STREET, LYING WEST OF 44th AVENUE AND ADJACENT TO. THE NORTH LINE OF LOT 1, BLOCK 5 OF THE PLAT OF HEATHLAND SUDIVISION, PLAT BOOK 4, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. (CONTAINING 600± SQ, FT.). SURVEYORS NOTES: 1. SEE SKETCH PREPARED BY: SURVEYING & MAPPING, INC. 1350 MALABAR ROAD S.E., SUITE 1 , PALM BAY, FLORIDA 32907 Phone (321)724-2940 Fax(321)951-4879 E—MAIL: SMITHSURVEYINGFL 0 GMAILCOM K A. SMITH — FLORIDA CERTIFICATE NO. 4457 (NOT VALID UNLESS SIGNED AND SEALED) PREPARED FOR: EDISSON VASQUEZ DRAWN BY: K. CALLAHAN DATE. AUGUST 5, 2019 CHECKED BY: A. SMITH SHEET 1 OF 2 DRAWING NO 19-0262 REVISIONS 8-5-2019 SECTION 4 TOWNSHIP 33 SOUTH RANGE 39 EAST 173 EXHIBIT A Page 1 of 2 ATTACHMENT #2 SKETCH & DESCRIPTION SECTION 4, TOWNSHIP 33 SOUTH, RANGE 39 EAST (NOT A BOUNDARY SURVEY) 1' PIPE NO ID. LOT 8 BLOCK 2 SB917'03"E 120.00' SHEET 2 OF 2 NOT VALID WITHOUT THE LEGAL DESCRIPTION ON SHEET 1 OF 2 1' PIPE NO I.D. 2' MWD CURB 2' MIAMI CURB 24RD STREET (PLAT) 24 STREET (POSTED) t IT_ v M1 o ,U11 RIGHT-OF-WAY VARIES ASPHALT 4' CONC. WALK w 0 Pb 00 P'er 0 z N w w e SCALE: 1" = 30' 0• v, S89'27'03NE 120.00' N00'00'00"E i/Y ROD ,110 NO I.D. `-1/2' ROD NO LD. L N89'27103”W 120.00' LOUTHERLY R/W 1/2' ROD NO LD. LOT 1 BLOCK 5 HEATHLAND SUBDIVISION PLAT BOOK 4, PG. 39 PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA 3' PUBLIC LIBLIIY EASEMENT 0 00 00 oui (1)0 DRAWING NO 19-0262 NB927'03"W 120.00' LOT 2 BLOCK 5 0 0 S00'00'00"W ROD J NO I.D. PREPARED BY: Bill#117111LS SURVEYING & MAPPING, INC. 1350 MALABAR ROAD S.E., SUITE 1 , PALM BAY, FLORIDAJ3 9J7 Phone (321)724-2940 Fax(321)951-4879 E—MAIL SMRHSURVEYINGFL 0 GMAILCOM EXHIBIT A Page 2 of 2 H I I ALhIVILNT #2 09/17/2019 Item 10.A.2. Vasquez Right -of -Way Abandonment Board of County Commissioners September 17, 2019 Location Map reatobe""` ._Abandoned 2 .09/17/2019 Item 10.A.2. Analysis Developed as a paved street with utilities (drainage, utility pole, and above and below ground lines) within the right-of-way • Above improvements will remain "as -is", and will be protected by •retaining drainage and utility easements over appropriate area of the right-of-way 4 \lc' 2 09/17/2019 Item 10.A.2. Staff Recommendation ➢ That the BCC abandon its rights to the subject portion of the subject right-of-way but retain a public drainage and utility easement over the entire area being abandoned. 5 Sketch & Legal Description SKETCH &'. DESCRIPTION 2 Ort mraorin 6 x'15 - 3 Treasure Coast Newspapers INDIAN RIVER COUNTY PLANNING 1801 27 TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Joumal, a daily newspaper published at Vero Beachin Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. lhe Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River Countplorida and has been for a period of one year next pri:ce'ling the first publication of the attached copy of arlv.ertis$men t; eptgmber 1, 2019 't! Subscribed and sworn to bfore on September 5, 2019: Notary. State of WI. County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $80.37 Ad No: 0003746572 Customer No: 1310785 PO #: healthland subdivision PART OF THE USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION NOTICE OF PUBLIC HEARING Notice of a public hearing to consider a petition fur the closing, abandonment; and vacation of n '>' Wide. portion of a '70' right-of- way for 24th Street lying west of 44th 'Ave on the north side of Lot 1, Block 5 of the Healthland Subdi- vi§iun, Indian River Coun- ty Plat Book 4. Page 29. A public hearing, at which parties in interest and citi� yens shall have' an op >or- tunity to'be heard, will be 'held bv•the l3onril rifCi>un- ty t_ommissioners Of lnilian River ;County, Flor- idain tho 'County Conning - Sion :Cliarnliero. of the 'County Administration Building, located at 1807 27th Street, Veru Beach; Florida, tin TueSdny, Sep-. temper 17, 201 at. 9.00 AM. Anyone who 'may wish to appeal any decision; which may be made at, this meeting,. will, need to ensure that a verbatim re- cord of the proceedings is made which includes the testimony and evidence upurr which the appeal will he' bayed. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Bob Solari, Chair- man Pub: September 1, 2019 ICN 3746572 9 )1-(1 to #•Z,. 10.6 .1. 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: ADDRESS: 2375 11th Ct SW Fern Grounds PHONE: 772-925-1062 SUBJECT MATTER FOR DISCUSSION: Littering/trash on our roads and highways IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OFA DECISION YES YES NO NO WHAT RESOLUTION ARE YOU Signs alerting drivers with signs stating "No Littering" ordinance#? REQUESTING OF THE COMMISSION. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: Sept 17, 2019 F:\County Admin \ExecAsst\AGENDA \Public Discussion Items Fomt.doc 175 0 _ C. I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Roland M. DeBlois, AICP; Interim Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: August 21, 2019 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 17, 2019. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: October 1, 2019: 1. Mark W. Plate's Request for Abandonment of a 130' Long Segment of the 70' Wide 57th Avenue Right -of -Way South of 97th Place of the Tropicana Homesites Subdivision, Plat Book 4 Page 20 [ROWA-18-07-03 / 2017030059-81633] (Legislative) RECOMMENDATION: The referenced public notice item is provided for the Board's information. No action is needed at this time. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BC0D9092\@BCL@BCOD9092.docx 1ofl Page 176 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney C3,- C.2 PUBLIC NOTICE ITEMS: 9/17/19 ADMINISTRATIVE Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: September 6, 2019 RE: Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" and Class "El" Certificate of Public Convenience and Necessity for MCT Express, Inc. dba United Medical Transportation The Board of County Commissioners will hold a Public Hearing on Tuesday, October 1, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN APPLICATION FOR A CLASS "B" AND CLASS "El" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR MCT EXPRESS, INC. DBA UNITED MEDICAL TRANSPORTATION, TO PROVIDE ADVANCED LIFE SUPPORT (ALS), BASIC LIFE SUPPORT . (BLS), AND WHEELCHAIR, WHEELCHAIR/STRETCHER, AND AMBULATORY TRANSPORTATION SERVICES, AS DEFINED IN AND PURSUANT TO CHAPTER 304, INDIAN RIVER COUNTY CODE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 177 io • m PUBLIC NOTICE ITEMS: 9/17/19 ADMINISTRATIVE Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: September 6, 2019 RE: Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" Certificate of Public Convenience and Necessity by Cleveland Clinic Martin Health for Martin Health System, Advanced Medical Transport The Board of County Commissioners will hold a Public Hearing on Tuesday, October 1, 2019, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN APPLICATION FOR A CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BY CLEVELAND CLINIC MARTIN HEALTH FOR MARTIN HEALTH SYSTEM, ADVANCED MEDICAL TRANSPORT, TO PROVIDE ADVANCED LIFE, SUPPORT (ALS) AND BASIC LIFE SUPPORT (BLS) TRANSPORTATION SERVICES, AS DEFINED IN AND PURSUANT TO CHAPTER 304, INDIAN RIVER COUNTY CODE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 178 { I A. COUNTY ADMINISTRATOR INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown, County Administrator FROM: Michael C. Zito, Assistant County Administrator Suzanne M. Boyll, Human Resources Director DATE: September 4, 2019 SUBJECT: Ratification of Collective Bargaining Agreement between Indian River County and Teamsters Local Union No. 769 Effective October 1, 2019 through September 30, 2022 BACKGROUND The current Collective Bargaining Agreement between the County and the Teamsters Local Union No. 769 will expire on September 30, 3019. On July 31, 2019, the County and the Union tentatively agreed on a successor agreement effective October 1, 2019 through September 30, 2022. The proposed Agreement was submitted to the Teamsters membership and ratified by the Union on August 20, 2019 and is presented to the Board of County Commissioners for approval. Attached for your consideration are the proposed changes that have been agreed upon by the parties. The new Agreement has a duration of 3 years. It provides for a first year general wage increase of 3% for fiscal year 2019/2020, with "reopeners" for the 2 remaining fiscal years under the Agreement. Annual anniversary increases of 2.5% or lump sum top out bonus are included in each of the three years of the Agreement. Other negotiated changes include: • Revisions to the declared emergency pay policy outlined in Article 9 — Availability specifying the responsibility of employees and compensation • The addition of a $150 annual tool allowance for Mechanics who are required to purchase tools • Simplified temporary assignment pay language establishing required skills for such assignment, providing for assignment within operational efficiency and staffing resources and clarifying compensation when assigned to work in a higher classification • Establishing unified vacation accrual language for all represented employees, eliminating differing accruals for employees hired on or after October 1, 2011 • Providing wage increases for Water and Wastewater Treatment Operators who attain a higher level license • The upgrade of skilled positions of Electrician, Lift Station Mechanic, Plant Mechanic and Signal Technician I to maintain competitive pay scales necessary to recruit and retain staff 179 The full Agreement incorporates the negotiated changes as well as the remaining articles of the Agreement which remain unchanged and will be executed by the Chairman upon approval by the Board. FUNDING The total anticipated cost of the proposed agreement is estimated to be $2,481,120 over the three-year period. Funding for the first year of the Agreement is included in the proposed FY19/20 Budget. RECOMMENDATION: Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. ATTACHMENTS: • Proposed Agreement between Indian River County and the Teamsters Local Union No. 769 180 PROPOSED CONTRACT BETWEEN INDIAN RIVER COUNTY AND TEAMSTERS LOCAL UNION NO. 769 October 1, 2019 — September 30, 2022 181 ARTICLE 9 AVAILABILITY 9.1 All County employees are subject to call back and as such shall keep the County informed of their address and telephone number, if they have a phone. If the employee has no telephone, it shall be the employee's responsibility to provide another means of communication which will provide access within 15 minutes. 9.2 All employees being paid for stand-by must maintain availability during such stand-by period. Employees who do not answer a page during such stand-by status shall be subject to disciplinary action and will not receive payment for the • designated stand-by period. 9.3 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with Indian River County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The failure to report to work and/or perform assigned duties as directed by management during a declared emergency may be cause for disciplinary action up to and including termination of employment with Indian River County. 9.4 The County will attempt to provide employees as much notice as possible that they will be required to work during the declared emergency. It is the responsibility of employees to heed advance warnings of potential emergencies and prepare for the possibility of a declared emergency outside of normal working hours by securing their property and making an emergency plan for their family members. Employees who will be required to report for duty during a declared emergency, who may need time away from work to secure their property prior to reporting for duty before the event, may request paid vacation leave or unpaid leave of up to 4 hours. The County will attempt where able under the circumstances to approve time off unless there is an emergent staffing need preventing approval. After the event, the County will attempt, where able under the circumstances, to release employees who were required to work through the event from duty to secure their families and personal property. If nonessential employees are released from duty with pay in. response to a forecasted threat or actual County -declared emergency, bargaining unit employees who are required to complete their shift shall be paid for the remainder of their normally scheduled shift at two times their regular rate of pay for all hours worked during the same time period that the nonessential employees are not required to work. Employees who are required to work beyond the end of their normal shift during the declared emergency shall be paid one and one half (1 '/2) times their regular rate of pay for all hours worked. 1 182 Nothing herein prevents the County, on an event-by-event basis and in its discretion, from paying employees required to work during declared emergencies more than one and one half (1 1/2) times their regular rate of pay. 9.5 The County shall provide food and shelter for personnel who are required to work during a County declared emergency, unless circumstances render the County unable to do so. 9.6 The County shall provide leave before, during, and after a declared emergency as required by the Family and Medical Leave Act. 2 183 ARTICLE 10 SAFETY 10.1 All employees and the County shall be responsible for following the provisions of the safety policy manual provided to them. The County shall continue to have the right to establish, adopt, change, amend, withdraw, and enforce the employee safety manual so long as such actions do not result in a conflict with the specific terms and conditions of this agreement. Changes to the employee safety policy manual will be conspicuously posted in all work areas. Except in the case of any emergency, such changes will be posted at least five working days before the effective date of the change. Failure to follow prescribed safety procedures may result in disciplinary action. 10.2 Protective devices, wearing apparel, and other equipment necessary to protect employees from injury shall be provided by the County. Such items, when provided, must be used and the Union agrees that willful neglect or failure by an employee to obey safety regulations and to use safety equipment shall be just cause for disciplinary action. Protective devices, apparel, and equipment applicable herein are listed below and include but are not limited to. A. gloves B. rubber boots (when required) C. safety hard hats (when required) D. safety vests (when required) E. safety goggles (when required) F. uniforms G. sunscreen H. safety glasses I. rain gear (when required) J. hearing protection Those employees required to wear safety shoes in accordance with this article shall be paid $150 annually. Such payment shall be made the first full pay period of October each year. New employees hired on or after October 1 but before March 31 will be paid a prorated amount of $75 and payment shall be made the first full pay period of April each year. Those employees hired after April 1 will not be eligible for the payment until the following October. 10.3 Any employee shall have the right to present safety concerns and recommended solutions in writing to the Risk Manager. The Risk Manager shall respond in writing to the employee within 15 working days. 10.4 The County and division safety policies will be readily accessible to employees in either written or electronic format.. 3 184 10.5 Employees determined by the County to be at risk shall be provided vaccinations for Hepatitis "A " and Triple "T" (Typhoid, Tetanus & Diphtheria), including follow- up visits deemed necessary by the health care professional to complete the vaccinations. 4 185 ARTICLE 18 ON-CALL/STANDBY 18.1 On-call duty assignments must be authorized by the department or division head. This assignment is made when it is necessary that an employee be available for work due to an urgent situation during off-duty time. Such assignment will be given to the employees who normally perform the work during normal hours of work. For employees on a standby status one hour of pay at time and one-half will be paid for each regular work day and two hours of pay at time and one-half on each non -work day and holidays. On-call hours shall be in addition to time worked. 5 186 ARTICLE 20 TEMPORARY ASSIGNMENTS 20.1 The County shall not be prevented from temporarily assigning or appointing any employee to perform work which would normally be done by an employee in another classification, when at the discretion of the County such an assignment or appointment is necessary. 20.2 An employee temporarily assigned and/or transferred, at the department's discretion to perform work outside his normal classification shall suffer no Toss of pay should said temporary assignment be to a lower classification. An employee who is transferred temporarily to a classification which is not in the bargaining unit shall be subject to check off deduction during the term of the temporary transfer. 20.3 An employee who is temporarily assigned by management to work in a higher classification or work as a crew leader shall receive 12.5% temporary assignment pay for each day of the assignment. Generally, the qualified, most senior employee will be assigned unless such assignment will result in a disruption to operational efficiency or a reallocation of staffing resources. Employees assigned in this capacity must demonstrate the ability to organize work, oversee assignments, work safely, and complete job tasks efficiently. 6 187 ARTICLE 21 PROBATIONARY PERIOD 21.1 The probationary or "working test" period is an integral part of the hiring and promotion process. It is utilized to closely observe the new employee's work, to secure the most effective adjustment of a new employee to the position, and to reject any employee whose performance does not meet the required work standards. Probationary employees are generally ineligible for employee requested transfers or promotions. Probationary employees who are permitted to transfer or promote shall have their new probationary period run concurrent with their existing probationary period. 21.2 The probationary period shall be six months from the employee's first day of work with the County or in the position to which the employee has been promoted. If the employee has completed the probationary period, the employee shall be placed on regular status. Absent objection by the Union, the County may extend the probationary period for up to three months. Such a decision shall be made at least two weeks before the end of the initial probationary period, and notice shall be provided to both the employee and the union representative. This extension will not affect the employee's eligiblity to use accrued vacation leave. 21.3 New hires who are selected to fill the position of Utilities Service Worker, Water Plant Operator Trainee, or Wastewater Plant Operator, but who do not possess the required state license/certification, must obtain the required license/certification within the time frame specified by the County at the time of hire. A new hire's failure to obtain the license/certification within the specified time frame shall be just cause for the employee's discharge. 21.4 Employees who are hired/promoted must obtain the required license/certification within the time frame specified by the County at the time of hire/promotion. Absent objection by the Union, the County may extend the time to obtain the license/certification. If an employee fails to obtain the license/certification within the specified time frame, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 21.5 Regular status denotes final appointment in a specific County position and classification following successful completion of the probationary period. 7 188 21.6 Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to the grievance/arbitration procedures or payments of sick leave or vacation leave at time of termination. 21.7 If an employee who is serving a probationary period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 8 189 ARTICLE 22 PROMOTIONS/TRANSFERS 22.1 In filling all vacancies in the bargaining unit, employees shall meet the qualification standards of education, training, certifications, experience, and other requirements for the position to which the promotion and/or voluntary transfer is being sought. Standards and qualifications will be established to meet the basic requirements of the position. 22.2 Job openings will be posted on the employee bulletin boards a minimum of five working days. Promotional job opportunities (within the bargaining unit) will be posted a minimum of five working days internally prior to being posted to the outside. Employees, excluding temporary employees, may initiate a written request for transfer/promotion consideration. 22.3 An employee's eligibility for promotion and/or voluntary transfer will be determined by the requirements of the new job. In addition, the employee must have both a satisfactory performance record and no disciplinary actions (formal warning or greater) during the preceding twelve-month period. Employees along with external applicants will be considered. All things being equal, current employees shall have preference. Current employee candidates for promotion and/or voluntary transfer will normally be screened and selected on the basis of attendance and work records, performance appraisals, and job-related qualifications including, in some instances, aptitude tests. Seniority will be considered the deciding factor if two or more candidates are judged to be equally qualified. 22.4 Promoted employees shall receive a 5% raise or the minimum of the new grade, whichever is greater. 22.5 Promoted employees will; be placed on "promotion probation" status for a period of six months. At the end of this period the employee may be eligible for a promotion probationary pay increase. Certified Water or Wastewater Operators who receive a pay increase for attainment of a higher level certification will not be placed on a promotion probation and will not be eligible for a promotion probationary pay increase. They will retain their anniversary date and remain eligible for anniversary pay increases or lump sum payments provided under this Agreement. 22.6 The County agrees to post management vacancies and will give bargaining unit employees consideration in filling those vacancies. 22.7 Nothing herein shall prohibit the County from transferring employees into vacant positions without complying with the foregoing provisions in the case of medical accommodations, disciplinary reasons, and voluntary demotions. 9 190 22.8 Water or Wastewater Operator Trainees who attain a C license will advance to the corresponding pay grade for a C operator position and receive a 5% increase or the minimum of the grade, whichever is greater effective with the first full pay period following attainment of the license. This will be considered a promotion and the employee will be placed on "promotion probation" status for a period of six months and have an adjusted anniversary date. Certified Water or Wastewater C Operators who attain a B license will advance to the corresponding pay grade for a B Operator position and receive a 5% pay increase or the minimum of the pay grade, whichever is greater effective with the first full pay period following attainment of the license (not to exceed the maximum of the pay grade). This advancement will not result in an adjusted probationary period or anniversary date. Certified Water or Wastewater B Operators who attain an A license will advance to the corresponding pay grade for a A Operator position and receive a 5% pay increase or the minimum of the pay grade, whichever is greater effective with the first full pay period following attainment of the license (not to exceed the maximum of the pay grade). This pay increase will not result an adjusted probationary period or anniversary date. 10 191 ARTICLE 23 DISCIPLINE 23.1 No employee covered by this agreement shall be disciplined or discharged without just cause. All discipline or discharge notices shall be in writing with a copy provided to the employee. Such notices shall contain as complete and precise an explanation as possible for the action being taken. 23.2 The County agrees with the tenets of progressive and corrective discipline; however, the County has the right to review the employee's work history and prior record of disciplinary action when determining the appropriate action to be taken. The County may provide employees with notice of deficiencies and an opportunity to improve. 23.3 Disciplinary actions or measures may include, subject to the rules of the Board of County Commissioners, any of the following: A. Written Reprimand B. Formal Warning or Suspension C. Demotion D. Discharge 23.4 All discipline may be processed as a grievance. 23.5 If there has been no additional written discipline, disciplinary actions shall not be considered for purposes of progressive discipline, as follows: Class 1 offenses after one year. Class 2 offenses after two years. Class 3 offenses after five years. 23.6 To be considered valid, all discipline and discharge notices shall be administered within ten (10) business days of the County's discovery of the event giving rise to the disciplinary action; or within ten (10) business days of the County's discovery of the disciplinary event, the County notifies the Union of its intent to investigate the event giving rise to the discipline. If disciplinary action has not been taken within thirty (30) calendar days of the County's notification to the Union of its intent to investigate, the County shall reply promptly in writing upon the Union's written inquiry whether the matter is closed or still under investigation. 11 192 ARTICLE 28 LEAVES OF ABSENCE 28.1 Jury Duty Employees subpoenaed for jury duty shall receive regular pay for the hours missed from work. Such time shall be considered as time worked for the purpose of calculating overtime. Employees are expected to submit a copy of their subpoena which shall become a part of the personnel file and turn in their jury duty pay stub and a personal check for the amount of the jury duty pay, excluding mileage pay. The check should be made payable to the "IRC Board of County Commissioners" and sent to the Human Resources Department. Employees are expected to stay in touch with their supervisors relative to their court duty and County work schedules to minimize interference with their jobs. If there are three or more hours of the work day prior to reporting for or being released from jury duty, the employee will be expected to be at work. 28.2 Witness Duty Employees attending court during their normal working hours as a witness on behalf of a public jurisdiction or as a result of their public employment shall receive regular pay. Employees subpoenaed as witnesses (other than as above) during a criminal or civil trial will not be paid but may charge vacation. Employees who are plaintiffs or defendants in personal litigation not related to their public employment are not eligible for regular pay. Vacation time may be used. 28.3 Military Leave An employee may request military leave to serve on active duty in an emergency or required annual duty, and shall be compensated in accordance with state law, and it shall be considered time worked. 28.4 Family Medical Leave Act The FMLA establishes the rights of eligible employees to a leave of absence for up to 12 weeks. Eligibility for FMLA leave shall be determined on a rolling twelve (12) month period commencing from the first day FMLA was used for birth, adoption, the care of a family member's serious health condition, or the employee's own serious health condition. It also provides for the continuation of health insurance benefits while on leave and the return of the employee to the same or an equivalent position at the end of the leave. 12 193 28.5 Bereavement Leave A. This benefit is available for full-time regular employees. B. Three working days shall be given off with pay upon the death of a member of the immediate family (defined for this benefit as parents and step-parents, spouse, children and step -children, grandmother, grandfather, grandchild, brother, sister, mother-in-law, father-in-law, son- in-law, daughter-in-law, sister-in-law, brother-in-law, or legal guardian of the employee). C. Bereavement Leave will be authorized in minimum one-half day increments and will be paid at the employee's current pay rate. D. If additional time off work is needed, or time off is needed for an individual not covered by Article 28.5(B), vacation or sick leave may be utilized, or time off without pay can be arranged if justified. Sick leave used under this provision shall not be counted as an occurrence of sick. 28.6 Other Leaves of Absence Employees are eligible for leave of absence for causes generally beyond the control of the employee. The duration of each leave of absence and the compensation received by the employee, if any, during the leave of absence shall be determined by the County. Except as otherwise provided the decision to grant a leave without pay (leave of absence) is a matter of administrative discretion, and may only be approved by the County Administrator or his designee. Leaves without pay must be requested by the employee at least two (2) weeks prior to the leave, unless circumstances satisfactory to the County Administrator/designee render advance request impossible. All leave requests must be in writing. Extensions may be granted if requested at least seven (7) days prior to the expiration of the leave, and approved by the County Administrator or his designee. For leaves of absence taken at the option of the employee, the County's health care plan will be extended until the end of the month in which the leave of absence began. After that point, the employee can keep the plan only by paying the full premium amount (employee and employer share) prior to the first of each month. If the leave of absence is due to factors beyond the control of the employee, as in the event of a medical problem, the County will determine the period of time the health care plan will be provided at County expense based upon the merits of the individual situation and the law, but the employee would still be responsible for paying the employee's typical share of the cost. 13 194 28.7 Leave Without Pay for Part-time Employees At the discretion of the department director or his designee, unpaid leave may be authorized for part-time employees who do not accrue sick and vacation leave (hired on or after 06/22/01), up to a maximum of 60 hours per calendar year. 28.8 Arrests and Incarceration A. Employees who are unable to report for work because of arrest and incarceration may be placed on a special personal leave of absence without pay provided that it is requested during the first three working days of the incarceration. If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges depending upon the County's operational needs. If the employee is freed on bail, a decision will be made by the employee's department head and the Human Resources Director as to whether to allow the resumption of active employment pending disposition of the charges. They shall determine whether reinstatement would be consistent with the County's needs and requirements. If the decision is to not allow resumption of active employment pending disposition of the charges, a "pre -suspension" hearing will be set, at which the employee will be advised of the reasons for the suspension and would have the opportunity to refute the underlying premises for the suspension and argue for immediate reinstatement. Once an employee has exhausted all available vacation leave, his vacant position may be posted and filled in accordance with the provisions of this agreement. If the employee is reinstated after his position is filled, he shall have the right to fill a vacant position for which he is fully qualified. If no position is available, he shall be placed in a layoff status with recall rights as outlined in Article 25, Separations. B. Employees shall immediately notify the department within 3 days of contact when information has been filed by a prosecuting official against him/her, when indicted by a Grand Jury, or when arrested, for any offense or violation of law. The department director shall determine if it is in the best interests of the County to: 1) Retain the employee in his/her regular position; and/or 2) Assign the employee to other duties or another position until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 3) Place the employee on leave without pay until such time as any charges are disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or 4) Initiate disciplinary action up to and including termination. 14 195 C. In the event that the employee is retained pending the resolution of the charges, and pleads nolo contendere or guilty, or is found guilty of any job related offense or any offense that would adversely impact the County or the employment status of the employee, or which would cause the County to be held in disrepute, the employee may be terminated from employment. D. In the event that the employee is retained pending the resolution of the charges and is acquitted of all charges, or the indictment is dismissed, the Division Director shall retain the option to initiate or continue an investigation of possible administrative violations in accordance with established policy or practice. Notwithstanding anything to the contrary in this section, no employee shall be disciplined or discharged without just cause. 28.9 General Provisions The following provisions apply to leave without pay status: A. An employee granted a leave of absence must keep the department informed of his current activity (school, medical, military, etc.) each time a request for extension of the leave is made. In addition, the employee must keep the department advised of his current address at all times. Failure to comply with these provisions shall result in the employee being dropped from leave of absence status, in which case he must return to duty or be discharged. B. An employee granted a leave of absence shall contact the department head at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. C. Failure to return to work at the expiration of the leave shall be considered a resignation. D. No sick leave or vacation shall be accrued by an employee while he is on leave without pay if the employee is absent for more than one-half of his normally scheduled work hours during the month. E. An effort will be made to return the employee to the position and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a position for which he qualifies, subject to the approval of the department head and the County Administrator. If no vacancy exists for which the employee qualifies, he will be placed in a layoff status with recall rights pursuant to Article 25, Separations. 15 196 F. Time spent on leave of absence shall not constitute a break in service. However, the time shall not be credited toward retirement, vacation, sick leave, or toward satisfying the probationary period. 28.10 Employees who are on worker's compensation leave may supplement their worker's compensation payments with any accrued sick or vacation leave, up to 100% of their regular take-home pay. 28.11 No sick leave or vacation shall be accrued by an employee while he is on workers' compensation leave if the employee is absent for more than one-half of his normally scheduled work hours during the month. 16 197 ARTICLE 31 VACATION LEAVE 31.1 It is the policy of the County to grant annual vacations with pay to regular full- time and regular part-time employees in accordance with the guidelines established below. Full-time employees will accrue paid vacation leave based on the number of hours in their work week according to the following schedule: ACCRUAL RATES Service Days Per Yr. 37.5 40.0 Hr/Week Hr/Week Hrs/Yr Hrs/Mo Hrs/Yr Hrs/Mo 1 yr to 4 yrs. 12 mos. 10 75.0 6.25 80.0 6.67 5 yrs to 5 yrs. 12 mos. 11 82.5 6.88 88.0 7.34 6 yrs to 6 yrs. 12 mos. 12 90.5 7.50 96.0 8.00 7 yrs to 7 yrs. 12 mos. 13 97.5 8.13 104.0 8.67 8 yrs to 8 yrs. 12 mos. 14 105.0 8.75 112.0 9.34 9 yrs to 9 yrs. 12 mos. 15 112.5 9.38 120.0 10.00 10 yrs to 10 yrs. 12 mos. 16 120.0 10.00 128.0 10.67 11 yrs to 11 yrs. 12 mos. 17 127.5 10.63 136.0 11.34 12 yrs to 12 yrs. 12 mos. 18 135.0 11.25 144.0 12.00 13 yrs to 13 yrs. 12 mos. 19 142.5 11.88 152.0 12.67 14 yrs (max accrual rate) 20 150.0 12.50 160.0 13.34 31.2 Part-time employees hired before 6/22/01 are entitled to vacation accrual on a pro -rata basis. Temporary employees shall accrue no vacation leave. 31.3 New employees may use vacation after completing six months of employment. No employee may use vacation leave in advance of it being accrued. Accrued vacation is credited at the end of each month, and is shown on the payroll prelist for the pay period ending on or after the first of the following month. 31.4 Authorized vacation hours shall be counted as time worked for the purpose of computing overtime pay eligibility. 31.5 Employees hired prior to October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a maximum of 65 days. Employee vacation accrual banks will be reduced back to the 65 day maximum the first full pay period after December 31st. Employees hired on or after October 1, 2011 will earn vacation monthly, in hourly increments, and may carry over unused vacation from year to year up to a 17 198 maximum of 30 days. Employee vacation accrual banks will be reduced back to the 30 day maximum the first full pay period after December 31st 31.6 Vacation leave may be taken after approval by the division head or designee. It may be charged in increments as small as one hour. All vacations shall be approved or denied within a reasonable period of time. No vacation shall be unreasonably denied. 31.7 Employees shall not be paid for earned vacation leave in lieu of taking the leave, except upon termination of employment. Earned vacation leave for employees who die while in County employment shall be paid to the same beneficiary as is designated for the employer -paid life insurance benefit. 31.8 When a County observed holiday falls within an authorized vacation leave period, that time shall be charged as holiday pay, and vacation leave will not be charged. 31.9 Vacation leave will always be paid at the employee's pay level at the time the vacation is used. 31.10 The County reserves the right to cancel authorized vacation or to call back employees from vacation under emergency circumstances. If such vacation is cancelled or the employee is called back from vacation, the County shall reimburse pre -paid, non-recoverable expenses. The County may request necessary documentation to verify reimbursements. 18 199 ARTICLE 32 UNIFORMS, TOOLS AND EQUIPMENT 32.1 For employees required to wear a uniform (excluding Lifeguards and Golf Course employees), the County will furnish two sets of shirts and pants for each day the employee is regularly scheduled to work in a workweek, plus one additional uniform, i.e., five-day employees will have 11 sets and four-day employees will have 9 sets, and all on-call employees shall receive an additional 2 sets, not to exceed 15 sets. Each employee shall receive one windbreaker jacket displaying the County logo. Bargaining unit employees shall be given their choice of long or short pants, except for those positions for which the County makes the determination that long pants are required. The determination to require long pants will not be arbitrarily made. Such uniforms are not to be worn except while employees are on the job and while traveling to and from the job. Lifeguard and golf course uniforms will be issued in accordance with current practice. 32.2 Tools and equipment which are normally supplied by the County will be used properly and carefully by employees who require them in their work. It is the responsibility of the employee to use and secure such tools and equipment in such a manner as to minimize the potential for loss or theft. 32.3 Tools and equipment provided by the County will be replaced by the County if they are stolen or broken during normal use and provided proper care and prescribed security measures have been followed and Toss or breakage is not due to the employee's negligence or abuse. 32.4 Employees who are required by the County to provide their own tools will be provided a list of the minimum required tools at the time of employment. Following ratification of this Agreement by the parties in October of each year of this Agreement, the supervisor will confirm the employee has the required tools and submit a request for an annual tool allowance of $150 to be paid eligible employees. The supervisor will submit the names of eligible employees to the Department Director for approval. Once approved by the Department Director, the list will be forwarded to Human Resources for payment to eligible employees in the next regular payroll cycle. 19 200 ARTICLE 33 WAGES 33.1 For fiscal years, FY 2019/2020, 2020/2021, and 2021/22 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $1200 for FY2019/2020, 2020/2021, and 2021/2022 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year 2019/2020, bargaining unit employees will receive a 3% general wage increase effective the first full pay period in October 2019, or the same general wage increase as employees under the County Administrator's purview for fiscal year 2019/2020 if greater than 3%. For fiscal year 2020/2021 and 2021/2022, the parties mutually agree to reopen this section and collectively bargain future general wage increases. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Full-time employees who actually work established full-time shifts (8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:00 a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:00 a.m. and 1:00 p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential, whose established shift is outside the stated guidelines, will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this Agreement with respect to wage reopening and collective bargaining process for FY 2020/2021, and FY2021/2022. 20 201 33.6 The parties agree to upgrade the below classifications effective October 11, 2019. Employees in these classifications shall receive a 2% wage increase or the minimum of the new pay grade whichever is greater effective October 11, 2019 after the FY2019/2020 general wage increase is provided. The increase will not affect the employees' anniversary date for anniversary pay increases. Electrician — from L16 to L17 Lift Station Mechanic — from L14 to L15 Plant Mechanic — from L14 to L15 Signal Technician 1— from L10 to L12 21 202 ARTICLE 37 DURATION OF CONTRACT 37.1 This agreement shall be effective October 1, 2019, shall remain in full force and effect until the 30th day of September, 2022, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing 180 days prior to the anniversary date that it desires to modify or terminate this agreement. In the event such notice is given, negotiations shall begin no later than 150 days prior to the anniversary date. This agreement shall remain in full force and effect during the entire period of negotiations for a modification of this agreement, except that there shall be no wage or benefits improvements. Agreed this day of , 2019. BOARD OF COUNTY COMMISSIONERS TEAMSTERS LOCAL UNION NO.769 INDIAN RIVER COUNTY, FLORIDA By By Bob Solari, Chairman Chief Union Steward Attest: Jeffrey R. Smith, Clerk of Court, Comptroller By Business Representative Deputy Clerk Jason E. Brown, County Administrator 22 203 12,A.L INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator FROM: Scott McAdam; Building Official THROUGH: Roland Deblois; Community Development Director DATE: September 4, 2019 SUBJECT: Request to Waive Bid Process for Community Development Software It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 17, 2019. DESCRIPTION & CONDITIONS For the past 7+ years, the Community Development Department as a whole, and more specifically the Building Division, has been using two different permitting software programs. One software, CD Plus (our legacy software) is used to issue permits, and the other software, Clear Village, Inc, is used for inspections. These two software programs often conflict with each other and require staff to spend hours, sometimes on a daily basis, correcting multiple synchronization & other types of issues. Data for these software programs reside on a local file server computer, which is susceptible to occasional downtime and temporary loss of data. Each individual software lacks the features of the two combined; therefore, the need for both. Each software lacks key features for the processes they handle individually; features that are standard on more current software programs. These matters led staff to begin exploring multiple other software options early in 2018. As of now, staff has explored and seen presentations on six of the most popular software programs available, and has singled out a program called My Government Online (MGO) as the most viable option to serve the Community Development Department, other County departments, and public needs. ANALYSIS MGO is a software created by a Louisiana Economic Development District (EDD) established in 1978 under Federal and State Law. In the wake of Hurricane Katrina in 2005, EDD member jurisdictions regionalized the permitting process with the South Central Planning and Development Commission (SCPDC), creating an automated suite of software applications. The member jurisdictions were so pleased with the results of the software that they passed a resolution authorizing the creation of a national software partnership program that only fellow government jurisdictions can join. 204 1 This unique partnership program between governmental entities has provided a way for government jurisdictions in many states to achieve their evolving goals at a low cost with no upfront fees, which are benefits not typical to the conventional bid process. MGO is comparable in features to much higher priced software options. MGO is a robust and feature filled cloud -based software that anyone can access from anywhere, anytime by using any web browser. Building permits can be issued locally or online. It includes a document management system that is cloud -based. MGO includes a powerful inspection scheduling application developed for Tablets, Smartphones, and similar electronic devices. MGO also has a robust Public Portal where contractors and the general public can schedule inspections, obtain online permits, apply , for permits, renew contractor licensing, report Code Enforcement violations, and many other public use capabilities. In terms of pricing, the MGO document management proposal contains multiple modules as outlined below. No payment is due until each individual module goes "live". • Building Permits • Planning & Zoning • Code Enforcement • Fire Department In addition to these modules, MGO can also provide or customize other modules (e.g., for utility services availability requests, document management, Public Works asset management), which County Utilities and Public Works have explored and intend to implement under future separate contract(s). In any event, transition to the MGO software will occur on an overlap basis with existing legacy software (CD Plus, Clear Village) to avoid/minimize disruption to software needs. FUNDING The Building Division has budgeted one hundred and six thousand eight hundred and twenty-one dollars ($106,821.00) for fiscal year 2019/2020 for first (1St) year implementation and maintenance from account #44123324-035120. Second year costs after all modules included in the contract are implemented are estimated to be $88,600. This amount is comparable to the current 2 permitting systems annual maintenance fees (FY 2018/2019 $79,362). RECOMMENDATION Staff recommends that the Board of County Commissioners waive the bid process and approve the attached MGO Community Development Software agreement. Attachment: 1. MGO web -based Community Development Software Agreement 205 2 SCPDC SOFTWARE LICENSE AND SERVICE AGREEMENT Sec. 1. Parties and Purpose 1.1. Indian River County ("Licensee"), a Political Subdivision of the State of Florida. 1.2. The South Central Planning and Development Commission ("Licensor") or,("SCPDC') is a regional planning commission and Political Subdivision of the State of Louisiana, domiciled in Terrebonne Parish. The district was established in 1973 and created by law in 1978 understate act 472. The statute allows its member governmental entities to come together through SCPDC to provide long range planning, act as a state and federal liaison, provide guidance and study current issues affecting government, and provide services to business and citizens. 1.3. SCPDC has created MyGovernmentOnline, software (the "SCPDC Software") and this contract is entered into among Licensee and SCPDC to license Licensee to use specified modules of the SCPDC Software under certain terms and conditions. This SCPDC SOFTWARE LICENSE AND SERVICE AGREEMENT (this "Agreement") is entered into by and between Licensor and Licensee, and describes the terms and conditions pursuant to which Licensor shall license to Licensee the use of, and provide services and support for, certain Software (as defined below). In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows: 2. DEFINITIONS 2.1 "CONFIDENTIAL INFORMATION" means drawings, benchmark tests, specifications, trade secrets, object code and machine-readable copies of the Software, sourcecode relating to the Software, and any other proprietary information supplied to Licensee by SCPDC, or by Licensee to SCPDC and clearly marked as "confidential information", including all items defined as "confidential information" in any other agreement between Licensee and SCPDC whether executed prior to or after the date of this Agreement. 2.2 "DOCUMENTATION" means any on-line help files, instruction manuals, training materials, operating instructions, user manuals, and specifications provided by SCPDC which describe the use of the Software and which either accompany the. Software or are provided to Licensee at any time by SCPDC. 2.3 'EFFECTIVE DATE" means the later of the dates on which Licensee and SCPDC have signed this Agreement. Page 1 of 21 206 2.4 "EQUIPMENT" means the computer system, including peripheral equipment and operating system software, specified in Schedule B. 2.5 "MAJOR AND MINOR UPDATES" shall mean updates, if any, to the SCPDC Software. Major Updates involve additions of substantial functionality while Minor Updates do not. Major Updates are designated by a change in the number to the left of the decimal point of the number appearing after the product name while Minor Updates are designated by a change in such number to the right of the decimal point. Example, My Permit Now version X.0 (major update) and My Permit Now version O.Y (minor update). SCPDC is the sole determiner of the availability and designation of an update as a Major or Minor Update. Where used herein "Updates" shall mean Major or Minor Updates interchangeably. 2.6 "SITE" means each physical location, or each Internet link accessible by end-users through Licensee's Web Site, at which Licensee and its customers are entitled to Use the Software. 2.7 "SOFTWARE" means the computer software programs and modules specified in Schedule A and otherwise provided for Licensee use pursuant to this Agreement, as enhanced, modified, corrected, upgraded, added, customized, or otherwise changed by SCPDC pursuant to the requirements of the Contract Documents. 2.8 "USE" means loading, utilization, storage or display of the Software by Licensee for its own internal information processing, and utilization by end users accessing Licensee's Web Site through the Internet. 2.9 "PERMIT" shall mean any type of permit, including but not limited to, new service permits, new construction permit, building permit, structure renovation permit, mechanical permit, plumbing permit, gas permit, electrical permit, and sign permit. 3. LICENSE, DELIVERABLES AND COPIES 3.1 LICENSE GRANT. (a) Subject to the terms of this Agreement, Licensor grants to Licensee a nonexclusive, nontransferable, royalty -bearing user license ("License") during the term of this Agreement to use the Licensor's Software, through Internet access only, solely for purposes of using the Licensor's products known collectively as MyGovernmentOnline Software Modules. The scope of the License encompasses Licensee's internal use of Licensor's Software in connection with providing services to Licensee's customers and includes the following purposes: (1) enabling members of the public to access Licensee's portal via the Internet to (A) electronically submit permit applications and associated documents to Licensee for review, (B) track the status of permit applications, and (C) schedule inspections and receive real-time notification of inspection results via email and phone messaging; and (2) enabling Licensee's employees, officials, and agents to (A) electronically receive, track, process, manage, research, and store applications for Licensee Page 2 of 21 207 permits, and (B) obtain customized reports regarding permit applications and associated documents. Except as otherwise provided by Schedule A, the License excludes any sublicensing of Licensor's Software, uploading or otherwise transferring, or providing direct access to, the Licensor's Software to any third party without Licensor's prior written consent, including access by any third party to the Licensor's Software on a stand-alone basis. License granted hereunder includes the use of Documentation in connection with Use of the Software. (b) OWNERSHIP. SCPDC and its licensors solely own all right, title and interest in and to the SCPDC's Software, and reserve all rights therein not expressly granted under this Agreement. This license transfers to Licensee neither title nor any proprietary or intellectual property rights to the Software, Documentation, or any copyrights, patents, or trademarks, embodied or used in connection therewith, except for the rights expressly granted herein. (i) Without limiting the generality of the foregoing, except as expressly stated in paragraph (a), Licensee may not directly or through any third party (a) transfer or sublicense, in whole or part, any copies of the SCPDC Software to any third party; (b) modify, decompile, reverse engineer, or otherwise attempt to access the source code of the SCPDC Software; or (c) copy the SCPDC Software, except such copies of the records as necessary for reasonable and customary test instances, production instances, back-up and disaster recovery purposes. Licensee will not delete or alter the copyright, trademark or other proprietary rights notices of SCPDC and its licensors included with the SCPDC Software as delivered to Licensee, and will reproduce such notices on all copies of the SCPDC Software. If derivative works of the SCPDC Software are prepared by or on behalf of Licensee based on suggestions or requests by Licensee, SCPDC will solely own such modifications. (ii) The Licensee may develop products that interface or are intended for use with the SCPDC Software ("Add -On Products") with SCPDC's express written permission. (c) Notwithstanding the inclusion of Licensee's customer in the class of allowed users, SCPDC's affirmative obligations will be limited to Licensee. 3.2 DELIVERABLES. SCPDC shall provide an Internet accessible software service and solution that meets all the terms, conditions, specifications, and requirements set forth in this document. All services shall be performed for the prices set forth in Schedule A. SCPDC shall provide maintenance and support of the Software under the terms and conditions set forth in Schedule C, Maintenance and Support. 3.3 COPIES. The License includes the right to copy and reprint Documentation, or portions thereof, for use with the Software in accordance with the rights granted hereunder including for backup/archival purposes, training, internal Licensee intranet posting and other uses consistent with the License. Whenever Licensee is permitted to copy or reproduce all or any part of the Documentation, all titles, trademark symbols, copyright symbols and legends, and other proprietary markings must be reproduced. Page 3 of 21 208 4. LICENSE RESTRICTIONS. Except as otherwise provided in Schedule A, Licensee agrees that it will not itself, or through any parent, subsidiary, affiliate, agent or other third party: (a) sell, lease, license or sub -license the Software or the Documentation; (b) decompile, disassemble, or reverse engineer Software, in whole or in part; (c) write or develop any derivative software or any other software program based upon the Software or any Confidential Information; (d) use the Software to provide services on a 'service bureau' basis; or (e) provide, disclose, -divulge or make available to, or permit use of the Software by any unauthorized third party without SCPDC's prior written consent. 5. LICENSE FEE, COMPENSATION FOR SERVICES, & EXPENSES 5.1 LICENSE FEE. In consideration of the license granted pursuant to Section 3.1. Licensee agrees to pay SCPDC the annual License Fee specified in Schedule A. Payments and any interest on late payments shall be governed by and construed in accordance with the Florida Prompt Payment Act, §§218.70, et seq., Florida Statutes. 5.2 TAXES. SCPDC and Licensee are both tax exempt entities and no taxes are expected from this transaction. The parties are exempt from paying sales tax and shall provide one another with a tax exemption certificate. In no event shall the parties be liable for any personal property taxes which may otherwise be levied on the other or on any taxes levied on either parties' employees' wages or any other taxes which may otherwise be required to be paid by the parties under federal or state law. 5.3 SERVICES. SCPDC shall provide all services as described in "Schedule A" for the fees described in "Schedule A". 5.4 EXPENSES. License Fee and the fees for services do not include Reimbursable Expenses. SCPDC will bill Licensee for identified Reimbursable Expenses and Licensee shall reimburse SCPDC. Reimbursable Expenses shall mean expenses incurred directly in connection with the services performed pursuant to this Agreement by SCPDC for travel and transportation. Lodging, airline costs, Mileage, and food reimbursement will be based on the Federal GSA per diem rate as found on GSA.gov. Travel expenses for car rental expenses shall be for actual cost. 5.5 INVOICES. All invoices under this Agreement shall be sent to the attention of: Indian River County Office of the Community Development Director 1801 27th Street Vero Beach, FL 32960 Payment will be processed according to the regular payment procedures of the Licensee. Page 4 of 21 209 6. MAINTENANCE AND SUPPORT. There shall be no separate fee for maintenance and support. The annual License Fee includes all maintenance and support described in this Agreement and Schedule C. 7. LIMITED WARRANTY AND LIMITATION OF LIABILITY 7.1 LIMITED WARRANTY. SCPDC warrants for the term of the contract from the Effective Date (the "Warranty Period") the Software will perform in substantial accordance with the Documentation under normal use. If during the Warranty Period the Software does not perform as warranted (a "Non -Conformance"), SCPDC shall undertake to correct such Non -Conformance, or if correction is reasonably not possible, replace such Software free of charge. If neither of the foregoing is commercially practicable, SCPDC shall terminate this Agreement and refund to Licensee the License Fee. THE FOREGOING ARE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. The warranty set forth above is made to and for the benefit of Licensee only. The warranty will apply only if: (a) the Software has been properly used at all times and in accordance with the instructions for Use; and (b) no modification, alteration or addition has been made to the Software by persons under the control of Licensee (except pursuant to the authorized Use of the Software specified in Schedule A) except as authorized in writing by SCPDC; and (c) Licensee has not requested modifications, alterations or additions to the Software that cause it to deviate from the Documentation; (d) SCPDC warrants that it possesses all of the right, title, interest and authority to enter into this agreement with Licensee. SCPDC also warrants that no lawsuit or claim concerning the Software is currently pending. Any pre -production versions of the Software distributed to Licensee are delivered "as -is," without any express or implied warranties. No employee, agent, representative or affiliate of SCPDC has authority to bind SCPDC to any oral representations or warranty concerning the Software. Any written representation or warranty not expressly contained in this Agreement will not be enforceable. 7.2 DISCLAIMER. EXCEPT AS SET FORTH ABOVE, SCPDC MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT, INCLUDING MAINTENANCE AND SUPPORT. SCPDC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE FOREGOING. IN ADDITION, SCPDC DISCLAIMS ANY WARRANTY WITH RESPECT TO, AND WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR, THE OPERATION OF THE SOFTWARE IF PROGRAMS ARE MADE THROUGH THE USE Page 5 of 21 210 OF SOFTWARE OR NON-SCPDC SOFTWARE THAT CHANGE, OR ARE ABLE TO CHANGE, THE DATA MODEL OF THE SOFTWARE. 7.3 LIMITATION OF LIABILITY. IN NO EVENT WILL SCPDC BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF SCPDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SCPDC WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY OR FURNISHING THE SOFTWARE OR SAID SERVICES. SCPDC'S LIABILITY UNDER THIS AGREEMENT FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, RESTITUTION, WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEE PAID BY LICENSEE TO SCPDC UNDER THIS AGREEMENT. 7.4 ALLOCATION OF RISK. The provisions of this Section 7 allocate risks under this Agreement between Licensee and SCPDC. SCPDC's pricing reflects this allocation of risks and limitation thereof in accordance with the provisions of this Agreement and not liability. 8. INDEMNIFICATION 8.1 INFRINGEMENT INDEMNITY. SCPDC warrants that the Software will not infringe upon any copyright, patent, trade secret or other intellectual property, proprietary, or ownership interest or legal rights of any third party. SCPDC shall, at its expense, hold harmless, indemnify, defend or settle any claim, action or allegation brought against Licensee, , its officers, employees, and agents that the Software infringes any patent, copyright, trade secret or other proprietary right of any third party and shall pay any costs and damages awarded against Licensee in any such action including, but not limited to, attorneys' fees and costs, final judgments awarded or settlements entered in the action; provided that Licensee gives prompt written notice to SCPDC of any such claim, action or allegation of infringement and gives SCPDC the authority to proceed as contemplated herein. SCPDC will have the exclusive right to defend any such claim, action or allegation and make settlements thereof at its own discretion, and Licensee may not settle or compromise such claim, action or allegation, except with prior written consent of SCPDC. Licensee shall give such assistance and information as SCPDC may reasonably require to settle or oppose such claims. In the event any such infringement, claim, action or allegation is brought or threatened, SCPDC may, at its sole option and expense: or (a) procure for Licensee the right to continue Use of the Software or infringing part thereof; Page 6 of 21 211 (b) modify or amend the Software or infringing part thereof, or replace the Software or infringing part thereof with other software having substantially the same or better capabilities; or, if neither of the foregoing is commercially practicable; or (c) terminate this Agreement and repay to Licensee the License Fees and maintenance fees paid for the annual term during which this Agreement is terminated. SCPDC's obligation to indemnify under this section shall continue following whichever of these options is selected, including the option to terminate. 8.2 LIMITATION. The foregoing obligations shall not apply to the extent the infringement arises as a result of unauthorized modifications to the Software made by Licensee. 8.3 EXCLUSIVE REMEDY. The foregoing states the entire liability of SCPDC and Licensee's exclusive remedy with respect to infringement of any patent, copyright, trade secret or other proprietary right. 8.4 HOLD HARMLESS. SCPDC agrees to protect, defend, indemnify and hold Licensee , its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the error, omission, recklessness, negligent act or willful misconduct of the SCPDC. Without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury or of any other tangible or intangible personal or administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. SCPDC further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at its sole expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent. 9. CONFIDENTIALITY 9.1 CONFIDENTIAL INFORMATION. To the extent permitted by law, each party agrees that it shall use Confidential Information solely in accordance with the provisions of this Agreement and will not disclose, or permit to be disclosed, the same, directly or indirectly, to any third party without the other party's prior written consent. To the extent permitted by law, each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. However, neither party bears any responsibility for safeguarding information that (i) is publicly available, subject to public records request pursuant to applicable state statutes; (ii) already in the other party's possession and not subject to a confidentiality obligation; (iii) obtained by the other party from third parties without restrictions on disclosure; (iv) independently developed by the other party without reference to Confidence Information, or (v) required to be disclosed by order of a court or other governmental Page 7 of 21 212 entity. Nothing herein shall prevent routine discussions by the parties that normally take place in a "user group" context. 9.2 INJUNCTIVE RELIEF. In the event of actual or threatened breach of the provisions of Section 9.1 and 9.3, the non -breaching party may pursue its legal and equitable remedies. 9.3 LICENSEE DATA. In its performance of Contract Services, SCPDC may have access to certain records, data, or information that include the names, addresses, telephone numbers, or other confidential or private information pertaining to Licensee's customers ("Licensee Data"). SCPDC acknowledges and agrees that it does not have nor does it claim any ownership interest whatsoever in Licensee Data and that custody and title and all other rights and interests in Licensee Data are and shall remain in Licensee. 9.4 RETURN OF LICENSEE DATA. To the extent permitted by law, in the event of the termination or nonrenewal of this agreement, SPCDC warrants that Licensee's Data and any information stored by SPCDC as a result of Licensee use of the SCPDC Software will be delivered to Licensee. 9.5 PUBLIC RECORDS. Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. Page 8 of 21 213 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords cr,ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 10. TERM AND TERMINATION 10.1 TERM. This Agreement will take effect on the Effective Date and will remain in force for a period of two (2) years following Final Acceptance ("Initial Term"). The contract will automatically renew for 12 -month periods following the end of the Initial Term and following each subsequent annual term thereafter unless terminated in accordance with this Agreement. 10.2 TERMINATION. This Agreement may be terminated by: (a) By Licensee. Should there be discovered a serious defect or flaw in the SCPDC software that prevents the Licensee from using the system to support Licensee's operations in issuance of permits, Licensee shall notify SCPDC of the issue. SCPDC will have 45 days to resolve the issue. If the issue cannot be resolved within the time period, the contract will terminate on the 1st of the following month. (b) By SCPDC. Upon written notice to Licensee if any of the following events ("Termination Events") occur, provided that no such termination will entitle Licensee to a refund of any portion of the License Fee or maintenance fees: (i) Licensee fails to pay any undisputed amount due to SCPDC within thirty (30) days after SCPDC gives the Licensee written notice of such non-payment; (ii) Licensee is in material breach of any non -monetary term, condition or provision of Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after SCPDC gives Licensee written notice of such breach; or (iii) Licensee becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes; or (iv) SCPDC elects to refund Licensee's fees. Page 9 of 21 214 10.3 EFFECT OF TERMINATION. If any Termination Event occurs, termination will become effective immediately or on the date set forth in the written notice of termination. Termination of this Agreement will not affect the provisions regarding Licensee's or SCPDC's treatment of Confidential Information, provisions relating to the payment of amounts due, or provisions limiting or disclaiming SCPDC's liability, which provisions will survive termination of this Agreement. Within fourteen (14) days after the date of termination or discontinuance of this Agreement for any reason whatsoever, Licensee shall return any copies of the SCPDC Software, derivative works and all copies thereof, in whole or in part, all related Documentation and all copies thereof, and any other Confidential Information in its possession. Upon termination of this Agreement, Licensee shall cause the SCPDC Software to be removed from all computer units, including desktops and laptops, in the Licensee's office and from the computer units of third party contractors performing work for Licensee. Licensee shall furnish SCPDC with a certificate signed by an executive officer of Licensee verifying that the same has been done. 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. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 11. NON -ASSIGNMENT. Neither party may assign or otherwise transfer this Agreement nor any rights under this Agreement, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Page 10 of 21 215 12. NOTICES. Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be (a) delivered in person,. (b) sent by first class certified mail, or air mail, as appropriate, (c) sent by overnight air courier, or (d) by facsimile, in each case properly posted to the appropriate address set forth below. Either party may change its address for notice by notice to the other party given in accordance with this Section. Notices will be considered to have been given at the time of actual delivery in person, three (3) business days after deposited in the mail as set forth above, one (1) day after delivery to an overnight air courier service, or one (1) day after the moment of transmission by facsimile. To: South Central Planning and To: Indian River County Development Commission County Administrator Address: 5058 West Main St. Address: 1801 27th Street Houma, LA 70360 Vero Beach, FL 32960 13. MISCELLANEOUS 13.1 VIRUSES AND DISABLING DEVICES. Neither SCPDC Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain (i) any mechanism such as a "trap door", "time bomb", or "logic bomb", software protection routine or other similar device, that would enable SCPDC to disable the Software or make the Software inaccessible to Licensee after the Software is installed; or (ii) to the best of SCPDC's knowledge, any computer "virus", "worm" or similar programming routine. 13.2 FORCE MAJEURE. Neither party will incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, but the inability to meet financial obligations is expressly excluded. 13.3 WAIVER. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action. Except as expressly stated in this Agreement, no exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce. 13.4 SEVERABILITY. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Page 11 of 21 216 Agreement. If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. 13.5 STANDARD TERMS OF LICENSEE. No terms, provisions or conditions of any purchase order, acknowledgment or other business form that Licensee may use in connection with the acquisition or licensing of the Software use will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of SCPDC to object to such terms, provisions or conditions. 13.6 AMENDMENTS TO THIS AGREEMENT. This Agreement may not be amended, except by a writing signed by both parties. 13.7 PRIOR CONSENT. Unless expressly provided otherwise in this Agreement, any prior consent of a party that is required before the other party may take an action may be granted or withheld in such party's sole and absolute discretion. 13.8 EXPORT OF SOFTWARE. Licensee may not export or re-export the SCPDC Software without the prior written consent of SCPDC and without the appropriate United States and foreign government licenses. 13.9 HEADINGS. Section and Schedule headings are for ease of reference only and do not form part of this Agreement. 13.10 ENTIRE AGREEMENT. This Agreement (including the Schedules and any addenda hereto signed by both parties) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. IN WITNESS WHEREOF, the parties have executed this Agreement. INDIAN RIVER COUNTY SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION By: By: Date Date Page 12 of 21 217 SCHEDULE A INTERGOVERNMENTAL AGREEMENT South Central Planning'and Development Commission and Jurisdiction Government SOFTWARE AND LICENSE FEE A. SOFTWARE USE SCPDC'S MyGovernmentOnline Software Modules available for subscription under this agreement are: Permits and Licensing (MyPermitNow), Planning & Zoning, Solution Center (Complaint Management), Addressing / GIS Integration. Each of these modules is a separate chargeable option. All modules include unlimited user accounts, field work order system, project and document management features. Unlimited reporting services. B. LICENSE FEE Due to the Licensee's anticipated high permit volume and need for multiple modules, the following is a custom quote for Licensee's specific needs. The monthly billing rate per module will commence upon the software modules starting production use or "go live" date. Each module is expected to have a different "Go Live" date that will be estimated in the discovery phase. It is expected that Permits & Licensing and GIS Integration will be Phase I with the other modules being released in additional phases. The pricing provided below gives the jurisdiction to track an unlimited number of projects for all modules without any overage costs. Module Monthly Rate. Permits & Licensing (MyPermitNow) $4,583.33 Planning & Zoning $1,616.66 Solution Center (Complaint Management) $603.33 Addressing / GIS Integration $230.00 Fire Permit Module $350.00 Other Fees: On -Site Visits: Reimbursement of lodging, transportation and meals as defined in section 5.4. SCPDC will invoice Licensee at the beginning of each month. The invoices shall be payable within 30 days of the date of the invoice. Page 13 of 21 218 Functional Requirements Included with Schedule A Pricing: 1) In addition to the ability for the inspection list to be sorted by Ascending/Descending values of grid columns, the ability to manually rearrange the inspection schedule routing in the field so inspectors can change their route manually as needed is required. 2) The ability to transfer one or multiple inspections at the same time in the field from one inspector to another. 3) Inspection Coordinator in the office must be able to also perform items 1 and 2 above, clicking on them and simply dragging them and dropping where needed 4) The ability to be able to result multiple inspections at the same time through field inspection application. 5) Ability to create a work order and result it in the field with the inspection application. 6) Documents access from the inspection application in the field 7) Applicants/contractors/customers must be able to view the inspection schedules of each inspector and list the inspectors contact info from the customer portal. 8) Jurisdiction Office Inspection Schedule Functionality. Separate and apart from the. customer portal, in officejurisdiction inspection coordinator will need functionality to manage inspection assignments and schedules as follows: a) At a glance the schedule needs to indicate the results by color. It is understood that there are differences between the jurisdiction current color scheme and MGOs current color scheme and that the jurisdiction is ok with making changes. However, we will add a color to clearly mark "overdue" work orders. b) Inspection schedule needs to show the inspection request comments i.e. contractors notes to the inspector c) From the inspection schedule need the ability to click on inspection and access all the permit info. d) Inspection schedule needs to indicate total number of inspections for the day and total inspections assigned to each inspector e) Uncompleted inspections must be able to be automatically rolled to the next inspection day and be easily identifiable via color scheme Page 14 of 21 219 f) Need the ability to block out times that inspectors are not available to work on any given day so that inspections are not assigned to them if they are on vacation, sick, etc. g) "Auto schedule" feature that analyzes all the requested inspections for that day, tabulates the total number of inspections, then it equally distributes the inspections to each inspector based on his/her certifications and inspection zone, it then balances the workload as needed if an inspector has more than 30 or so inspections, it may assign inspections out of the individuals inspection zone in order to balance the daily workload. It then tabulates the number of inspections assigned to each inspector and puts that number on the top of that inspector's inspection column. After that takes place, the Inspections Coordinator can move some inspections around as he see fits. h) "Reroute All" feature which automatically routes each inspectors itinerary according to his/her starting point (their home or nearby public building) to provide them with the most efficient route. Although this is highly discouraged, this route can then be "tweaked" by the individual inspector based on AM or PM and similar requests. 9) Need ability for the inspection system to know the certifications of each inspector, their primary work area and automatically schedule the inspections then be manually tweaked. 10) A custom .NET WEB API will be provided at no additional cost that allows data to be extracted from the production system and through an ETL process loaded into a database onto the Licensees local server. A script run on the licensee server would be needed to retrieve this data and Toad into the local database through the ETL process. The script and loading process can be completed by the licensor for an hourly rate of $75.00. Page 15 of 21 220 SCHEDULE B SCPDC SOFTWARE LICENSE AND SERVICE AGREEMENT EQUIPMENT SITE, USER NAME, AND PERSONAL ACCESS PASSWORD B.1. At the execution of this Agreement, SCPDC shall provide a USER CREATION form to the Licensee to be used for account creation requests. Upon completion of the forms the Licensee will return the forms via email to SCPDC and accounts shall be created in the system with information provided on the forms. Users can change the provided password after their first login to the Software. SCPDC shall maintain the confidentiality of the user name and personal access password of every Licensee official, employee, agent and contractor who has duties relating to the processing of Licensee permits and shall not release any such information to the public. Additional personal user names and personal access passwords shall be provided upon a submission of a User Creation form to SCPDC providing the user name and confirmation that the user is an official, employee, agent, or contractor of Licensee is supplied to SCPDC, which will become an addendum to this schedule. B.2. The individuals holding the following positions are authorized by Licensee to submit requests to SCPDC for (1) the creation of new user names and passwords for Licensee officials, employees, agents, and contractors, and (2) for the deactivation of existing user names and passwords: System Administrator, Project Manager SCPDC shall immediately comply with requests to create and deactivate user names and passwords. Licensee may change the names of the individuals authorized to submit requests by providing notice in accordance with Section 12 of this Agreement. Page 16 of 21 221 SCHEDULE C SCPDC SOFTWARE LICENSE AND SERVICE AGREEMENT MAINTENANCE AND SUPPORT DEFINITIONS 1.1 "SUPPORT CALL (TIER 1)" means a reported problem in the SCPDC Software which is not affecting the Software's ability to perform substantially in accordance with the user documentation but requires correction. 1.2 "SUPPORT CALL (TIER 2)" means a reported problem in the SCPDC Software, not considered as a Level I support problem as defined in 1.1 above, which causes serious disruption of a function or affects daily processing of permits. 1.3 "SUPPORT CALL (TIER 3)" means a reported problem in the SCPDC Software or a material functional component which causes the system to be down and not serving as designed, or has a significant revenue or operational impact, with no obvious work -around. 1.4 "RESPONSE TIME" means the elapsed time between the receipt of a service call and the time when SCPDC begins the Maintenance and Support, including a verbal or written confirmation to the Licensee thereof. 1.5 "RESPONSE CENTER AND CONTACT PROCEDURE" shall mean: Address 5058 West Main Street Houma, LA 70360 Contact Information Tel: 1 866 957 3764 Ryan Hutchinson, Chief Technology Officer Hours of Operation 7:00 a.m. to 6:OOPM CST E-mail: support(2i scpdc.org 1.6. "SYSTEM AVAILABILITY" amount of time over a one-year period that the Software and system resources are available for Licensee's use. 2. TERM AND TERMINATION. SCPDC's provision of Maintenance and Support to Licensee will commence on the Effective Date and will continue until the Agreement is terminated. 3. MAINTENANCE AND SUPPORT SERVICES. Maintenance and Support will be provided only with respect to use of the versions of the Software that are being supported by SCPDC. SCPDC will provide multi -site backup of Licensee Data. SCPDC will provide 24-hour emergency service support, after hours cell numbers are accessed through the IVR menu, for Page 17 of 21 222 Licensee's staff and Licensee's customers by SCPDC's technical support personnel. SCPDC will offer to Licensee new versions of MyGovernmentOnline Software as they become available. SCPDC will convert Licensee's current permit data for use with SCPDC Software. SCPDC will perform customization of SCPDC Software as set forth in the Contract Documents. SCPDC will provide features in the SCPDC Software as set forth in the Contract Documents. SCPDC will provide support for the storage of photos, building/permits documents, inspection reports, plan review files and associated miscellaneous records. Within the capabilities of the SCPDC Software, and upon Licensee's request, SCPDC will provide Licensee with customized reports as set forth in the Contract Documents. Licensee shall not create add-ons or feature changes to that version or disclose the source code to any third party. SCPDC agrees to comply with Licensee's remote access policies, procedures, and guidelines. SCPDC shall ensure that its employees comply with all of Licensee's remote access policies, procedures, and guidelines. 3.1 LEVELS OF MAINTENANCE AND SUPPORT. During normal business hours, Licensee shall request support via the Response Center and Contract Procedures. After normal business hours, Licensee shall request support as provided in Section 3 above. SCPDC shall initially acknowledge receipt of a request for support within 15 minutes of SCPDC's receipt and shall contact Licensee within one hour of receipt. When contacting SCPDC, Licensee shall classify the problem based on the definitions set forth in Section 1 above. SCPDC shall not re-classify the problem without Licensee's prior approval. Maintenance and Support is available at the following Response Times: (i) Support Call (Tier 3): Issue resolved within the response time of three (3) hours or an agreed upon due date and time; SCPDC shall provide a patch or work -around the next day, and the problem shall be fixed or documented in next major product release (ii) Support Call (Tier 2): Issue resolved within the response time of six (6) hours; SCPDC shall provide a patch or work -around within five days, and the problem shall be fixed or documented in next major product release; (iii) Support Call (Tier 1): Issue resolved within one (1) business day;, and the problem documented and input for consideration in next major product release. 3.2 BASIC MAINTENANCE. Basic Maintenance means that SCPDC will provide during SCPDC's standard hours of service: (i) Major Updates and Minor Updates, when and if available, and related on-line Documentation, and (ii) telephone assistance with respect to the use of Software, including (a) clarification of functions and features of the Software; (b) clarification of the Documentation; (c) guidance in the use of the Software; and (d) error verification, analysis and correction to the extent possible by telephone. SCPDC's standard hours of service are Monday through Friday, 8:00 a.m. to 4:30 p.m., CST except for holidays as observed by SCPDC. SCPDC shall provide such software support and maintenance as may be necessary to maintain the Software in good operating condition and to meet the warranties set forth in the Contract Documents. Page 18 of 21 223 3.2.1 Unless otherwise agreed to by the parties, in addition to Major and Minor Updates, SCPDC shall make available to the Licensee all patches, upgrades, enhancements, new releases, new versions, and modifications developed by SCPDC for the Software at no additional cost. SCPDC shall ensure that all such Updates, patches, upgrades, enhancements, new releases, new versions, and modifications do not require modifications or reconfigurations to existing web presentation, workflows, or table values set up by Licensee. SCPDC shall provide release notes detailing Major changes. 12.2 At least thirty (30) days prior to release of Major Updates, SCPDC shall provide (1) training for the use of the updated Software and (2) relevant, customized user manuals and guides detailing the use of the updated Software. 3.2.3 Licensee shall request maintenance and support via the Response Center and Contact Procedure. All other notices required under this Schedule C shall be made pursuant to Section 12 of the Agreement. 3.2.4 The requirements set forth in Sections 3.2.1 and 3.2.2 shall not apply to emergency fixes and patches. 3.3 ON-SITE ASSISTANCE. When agreed to by Licensee and SCPDC, SCPDC can provide Maintenance and Support at the Licensee Site. In such event Licensee will reimburse licensor for all reimbursable traveling expenses and costs for board, lodging and meals as set forth in Section 5.4 of the Agreement. Licensee's prior written approval of any on-site support or maintenance and estimated travel expenses is required. 3.4 CAUSES WHICH ARE NOT ATTRIBUTABLE TO SCPDC. Maintenance and Support will not include services requested as a result of, or with respect to causes which are not attributable to SCPDC Software. These services will be billed to Licensee at SCPDC's then -current rates, and SCPDC shall not perform any such services except with Licensee's prior written approval. Causes which are not attributable to SCPDC include butare not limited to: 3.4.1 Accident. Unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of rotation media not furnished by SCPDC; excessive heating; fire and smoke damage; operation of the Software with other media and hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer's specifications; or causes other than ordinary use; 3.4.2 Improper use of the Software that deviates from any operating procedures established by SCPDC in the applicable Documentation; 3.4.3 Modification, alteration or addition or attempted modification, alteration or addition of the Software undertaken by persons other than SCPDC or SCPDC's authorized representatives, except for modification, alteration or addition or attempted modification, Page 19 of 21 224 alteration or addition of the Software made by Licensee pursuant to procedures received from SCPDC for rectification of errors or malfunctions in the Software, said modifications authorized by SCPDC shall be in writing; 3.5.4 Software programs developed by Licensee or other parties. 4. RESPONSIBILITIES OF LICENSEE. SCPDC's provision of Maintenance and Support to Licensee is subject to the following: 4.1 When necessary to identify or address errors or malfunctions with the Software, Licensee shall provide SCPDC with access to Licensee's personnel and Equipment during normal business hours. This access must include the ability to remotely access the Equipment on which the Software is operating and to obtain the level of access necessary to support the Software. Remote access shall only be granted pursuant to Licensee's remote access policies, procedures, and guidelines. Remote access shall be limited to the equipment on which the Software operates and SCPDC shall not be granted access to Licensee's other equipment or networks. 4.2 Licensee shall document and promptly report all errors or malfunctions of the Software to SCPDC. Licensee shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from SCPDC. 5. MAINTENANCE FEE. For Licensee the maintenance fees are waived for the Initial Term and all renewals. The License Fees cover all costs for maintenance and support for the Initial and renewal terms of this Agreement. 6. ASSIGNMENT OF DUTIES. SCPDC may assign its duties of Maintenance and Support to a third party, provided that SCPDC will remain responsible for the actions of such third party. Any such assignment is subject to Licensee's prior written consent, which consent shall not be unreasonably withheld or delayed. 7. PROJECT ABANDONMENT — Should SCPDC abandon development and support of My Permit Now system and can no longer fulfill its contractual obligations pursuant to this Agreement, the last stable source code release of MyPermitNow Software will be licensed to Licensee under an open source license agreement such as for instance GNU. The specific open source license agreement would be chosen by SCPDC at such time. 8. LICENSEE DATA. SCPDC agrees that all data created by Licensee in the Software system belongs to Licensee and shall be subject to the terms and conditions set forth in the Agreement regarding Licensee Data. Page 20 of 21 225 Accepted: Indian River County Date: By: South Central Planning and Development Commission, Date: By: Page 21 of 21 226 09/17/2049 Item 12.A.1. Board of County Commissioners September 17, 2019 REQUEST TO WAIVE BID PROCESS FOR COMMUNITY DEVELOPMENT SOFTWARE CURRENT PERMITTING SOFTWARE • THE COMMUNITY DEVELOPMENT DEPARTMENT CURRENTLY USES TWO (2) PERMIT SOFTWARE SYSTEMS TO PERFORM THEIR SERVICES TO THE COMMUNITY. • THESE SOFTWARE SYSTEMS ARE CD PLUS AND CLEAR VILLAGE. • CD PLUS IS CURRENTLY USED FOR: (SINCE 1992) • PERMITTING • DEVELOPMENT REVIEW • CODE ENFORCEMENT • CONTRACTOR LICENSING • Clear Village (CV) IS CURRENTLY USED FOR: (SINCE 2012) • INSPECTION SCHEDULING AND ROUTING • INSPECTION RESULTS • TWO (2) ONLINE PERMITS - A/C CHANGE OUT AND COMMON ELRCTRICAL PERMITS • DOCUMENT MANAGEMENT (DIGITAL SCANNING AND ARCHIVES) • THESE SYSTEMS HAVE SEVERE SYNCHRONIZATION ISSUES 09/17/209 Item 12.A.1. CHALLENGES OF HAVING TWO (2) SOFTWARE SYSTEMS • SYNCHRONIZATION — CURRENT SYSTEMS DO NOT COMMUNICATE WELL WITH EACH OTHER • STAFF TIME WASTED IN FIXING THESE SYNC ISSUES AMOUNTS TO AN ESTIMATED $20,000+ ADDITIONAL ANNUAL OPERATIONAL COSTS • WHILE STAFF HAS WORKED WITH VENDORS FOR 7% YEARS, PROMISES OF FIXING SYNCHRONIZATION AND OTHER ISSUES HAVE NOT BEEN OVERCOME. • EACH STAFF MEMBER REQUIRES TWO SEPARATE LOGINS, ONE FOR CD+ TO ISSUE PERMITS AND A SECOND FOR CV TO MANAGE INSPECTIONS AND LOOK AT DOCUMENTS. • BOTH SYSTEMS COMBINED, LACK TODAY'S DESIRED FEATURES FOR ONLINE PUBLIC ACCESS, ELECTRONIC PERMITTING INCULDING ELECTRONIC SUBMITTAL AND PLAN REVIEW, AND IMPROVED IN-HOUSE WORK FLOW. DISCOVERY PROCESS • APPROXIMATELY TWO -AND -A -HALF (2 1/2) YEARS AGO STAFF BEGAN LOOKING FOR A SOLUTION TO THIS SOFTWARE ISSUE • SINCE THEN, STAFF EXTENSIVELY EXPLORED FOURTEEN (14) DIFFERENT SOFTWARE OPTIONS • STAFF NARROWED THESE DOWN TO FOUR (4) OPTIONS • MY GOVERNMENT ONLINE (MGO) WAS THE FINALIST 09/17/2049 Item 12.A.1. COMPARISONS OF FINALISTS IN TERMS OF SOFTWARE COSTS AND FEATURES CURRENT SYSTEM • CD+ AND CLEAR VILLAGE • $78,000 ANNUAL COSTS • ALSO MINIMUM OF $20,000+ ANNUALLY - STAFF TIME FIXING ISSUES FOUR (4) FINALISTS • CITIZENSERVE • $160,000 IMPLEMENTATION COSTS (BUILDING DIVISION MODULE ONLY) • $120,000 ANNUAL COSTS (BUILDING DIVISION MODULE ONLY) COMPARISONS (continued) • MUNICITY (complex to use and limited features) • $263,000 IMPLEMENTATION COSTS (BUILDING DIVISION ONLY) • $66,000 ANNUAL COSTS (BUILDING DIVISION ONLY) • ACCELA • $300,000 IMPLEMENTATION COSTS (BUILDING DIVISION ONLY) • $100,000 ANNUAL COSTS (BUILDING DIVISION ONLY) • MULTIPLE DEPARTMENT MODULES WOULD BE $3 MILLION PLUS 22(0- 3 09/17/2049 Item 12.A.1. r MY GOVERNMENT ONLINE (MGO) • MY GOVERNMENT ONLINE • $0.00 IMPLEMENTATION COSTS • $88,600 ANNUAL COSTS • PRICE INCLUDES: PHASE I • BUILDING DIVISION, PLANNING DIVISION, CODE ENFORCEMENT, CONTRACTOR LICENSING, DOCUMENT MANAGEMENT AND FIRE DEPARTMENT • BUDGETED AMOUNT OF $106,821 INCLUDES THE EXIT FEES OF CURRENT SOFTWARE VENDORS. WHY MGO? • INTER -GOVERNMENTAL AGREEMENT— NO NEED FOR BID PROCESS • UNMATCHED CUSTOMER SUPPORT FOR OUR STAFF AND GENERAL PUBLIC • IN TERMS OF COSTS, FEATURES, AND EASE OF USE NO OTHER SOFTWARE OUT THERE COMPARED TO THEIRS. • ZERO IMPLEMENTATION COSTS • THIS IS UNHEARD OF IN THE INDUSTRY- NO OTHER VENDOR OFFERS THIS! • DESIGNED BY GOVERNMENT FOR GOVERNMENT • BUILT TO MEET THE NEEDS OF GOVERNMENT • FEATURE PACKED: • ONLINE ACCESS TO AN ARRAY OF SERVICES • ACCESSIBLE FROM ANY DEVICE WITH A WEB CONNECTION • CLOUD -BASED, SECURE, REDUNDANT REALTIME BACKUP OF DATA • DOES EVERYTHING BOTH CURRENT SOFTWARES DO AND MUCH MORE. 7-Z(o- 4 09/17/2019 Item 12.A.1. MORE REASONS SUPPORTING MGO • USED BY HUNDREDS OF JURISDICTION IN 14 STATES. • OTHER LOCAL GOVERNMENTS CURRENTLY USING MGO • ESCAMBIA COUNTY • USED ACCELA FOR YEARS, CHANGED TO MGO ON JANUARY 2017 AND ARE EXTREMELY SATISFIED AND HIGHLY RECOMMENDED THEM TO STAFF. • CITY OF JUNO BEACH • CITY OF SEBASTIAN (went live appox. 5 months ago, very happy) • CONTRACTORS • CONTRACTORS WHO WORK IN MULTIPLE JURISDICTIONS CAN HAVE A SINGLE PORTAL TO LOG INTO AND ACCESS PERMITS FOR ALL JURISDICTIONS WITH A SINGLE FREE ONLINE ACCOUNT. PHASED IMPLEMENTATION • PHASE 1 (TWO OR MORE PARTS) • FIRST PART • PERMITS & LICENSING • ADDRESSING/GIS INTERGRATION • SECOND PART (CAN ALSO BE SPLIT INTO SEPARATE PARTS) • PLANNING &ZONING • SOLUTION CENTER (CODE ENFORCEMENT) • FIRE PERMIT MODULE • PHASE II • SPECIALIZED MODULES FOR OTHER DEPARTMENTS SUCH AS ENGINEERING AND UTILITIES -ASSEST MANAGEMENT AND SERVICE UTILTY REQUESTS • THESE MODULES MAY BE IMPLEMENTED PRIOR TO FULL COMPLETION OF PHSE I • BUILDING DIVISION FUNDING • MODULES AND PARTS OF MODULES RELATED TO BUILDING PERMITTING ACTIVITIES WILL BE FUNDED BY BUILDING DIVISION, OTHER MODULES AND PARTS OF MODULES RELATING TO OTHER ACTIVITIES WILL BE FUNDED BYAPPROPRIATE DEPARTMENTS 09/17/2049 Item 12.A.1. STAFF RECOMMENDS THAT THE BOARD OF COUNTY COMMISSIONERS WAIVE THE BID PROCESS AND APPROVE THE ATTACHED MGO COMMUNITY DEVELOPMENT SOFTWARE AGREEMENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM t2.f1, CONSEN TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator FDEP Grant Agreement No. 19IR3 Vero Beach Restoration — Sector 5 September 10, 2019 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2019/2020 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. The FDEP has allocated $1.7 Million for the feasibility, design and construction phase of the Sector 5 Beach and Dune Restoration Project. Grant Agreement No. 19IR3 commits $821,833.00 of the allocated $1.7 Million for partial reimbursement of the feasibility, design and construction phase of the Sector 5 Beach and Dune Restoration Project. When the remainder of the allocated funds ($878,167.00) become available, the County will work with FDEP to amend Grant Agreement No. 19IR3. The attached agreement commits up to $2,779,289.04 for feasibility, design and construction. Cost -share is outlined in the below table. The agreement identifies Indian River County as the Local Sponsor, Coastal Resources Coordinator, Kendra Cope as the project manager, and has an expiration date of April 30, 2023. Task # Eligible Project Task ' DEP Cost Share (%) Federal Estimated Project Costs DEP Cost Share Local Cost Share Total 1 Feasibility Study 50% $87,500.00 $87,500.00 $175,000.00 2 Design and Permitting 46.65 $233,250.00 $266,750.00 $500,000.00 3 Construction 46.65% $1,030,156.13 $501,083.00 $573,049.91 $2,104,289.04 Total 1,030,156.13* $821,833.00 $927,299.91 $2,779,289.04 *Federal Cost Share Includes FEMA and DEM Page 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40CF841\@BCL@F40CF841.docx 227 FDEP Grant Agreement 191R3 September 10, 2019 FUNDING Local funding for Beach Restoration includes a portion of the Local Option Tourist Tax Revenue. Funding for the Sector 5 Beach and Dune Restoration Project is available in the Beach Restoration Fund/Sector 5 Beach Renourishment/Hurricane Matthew, Account # 12814472-066510-17001. RECOMMENDATION Staff recommends the Board approve FDEP Grant Agreement No. 19IR3 and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 19IR3 from the State, staff will transmit to the Clerk to the Board of County Commission for filing. ATTACHMENT 1. FDEP Grant Agreement 19IR3 2. Indian River County Grant Form No. 191R3 APPROVED AGENDA ITEM FOR: SEPTEMBER 17, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F40CF841\@BCL@F40CF841.docx 228 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Vero Beach Restoration Agreement Number: 19IR3 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Grantee Address: 1801 27th Street, Building A Vero Beach, FL 32960 Entity Type: Local Government FEID: 59-60000674 (Grantee) 3. Agreement Begin Date: 01/01/2016 Date of Expiration: 11/30/2023 4. Project Number: (If different from Agreement Number) Project Location(s): Indian River County Project Description: The Project consists of feasibility, design and construction. 5. Total Amount of Funding: $821,833.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): g State ❑Federal FY 18-19 GAA Line #1697 - LATF $821,833.00 ❑ State ❑Federal O Grantee Match Total Amount of Funding + Grantee Match, if any: $821,833.00 6. Department's Grant Manager Grantee's Grant Manager Name: Catherine Florko or successor Address: Beach Management Funding Assistance 3900 Commonwealth Boulevard, MS 3601 Tallahassee, FL 32399-3000 Phone: 850-245-7546 Email: Catherine.Florko@dep.state.fl.us Name: Kendra Cope, M.S. or successor Address: Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Phone: 772-226-1569 Email: kcope@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: g Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements 0 Attachment 6: Program -Specific Requirements 0 Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. 0 Attachment 8: Federal Regulations and Terms (Federal) 0 Additional Attachments (if necessary): WI Exhibit A: Progress Report Form 0 Exhibit B: Property Reporting Form g Exhibit C: Payment Request Summary Form 0 Exhibit D: Quality Assurance Requirements for Grants 0 Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): 19IR3 229 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Indian River County GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ® Additional signatures attached on separate page. 19IR3 230 DWRM Additional Signatures DEP Grant Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. 231 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement.. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 232 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 233 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference Guide For State Expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AANendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. 234 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting 235 period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for 236 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice 237 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. 238 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for aperiod of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 239 b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos. myflori da. com/library-archives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. 240 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance. with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of moneyy demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products 241 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to. Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 242 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 191R3 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Vero Beach Restoration. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on January 1, 2016 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching. Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ 0 Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ 0 a. Fringe Benefits, N/A. ❑ 0 b. Indirect Costs, N/A. 0 Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment O 0 Rental/Lease of Equipment O 0 Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy 243 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Any terms added here must be approved by the O.fice of General Counsel. 244 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R70and R86 along the Atlantic Ocean, in Indian River County, Florida. PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.07 miles of critically eroded shoreline between DEP reference monuments R-70 and R-86 in Indian River County. The County conducted a feasibility study and recently receive federal and state permits for the restoration project. PROJECT DESCRIPTION: The Project consist of feasibility, design and construction. PROJECT ELIGIBILITY: The Department has determined that 93.3 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $821,833 for this Project or up to 46.65 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadep.gov/sites/defau It/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. 245 Acronyms: CCCL — Coastal Construction Control Line DEP — Florida Department of Environmental Protection DMMA — Dredged Material Management Area F.S. — Florida Statutes F.A.C. — Florida Administrative Code FEMA — Federal Emergency Management Agency FWC — Florida Fish and Wildlife Conservation Commission FWS — United States Fish and Wildlife Service IMP — Inlet Management Plan JCP — Joint Coastal Permit NEPA — National Environmental Policy Act NMFS — National Marine Fisheries Service RAI — Request for Additional Information SHPO — State Historic Preservation Officer (Florida Department of State) USACE — United States Army Corps of Engineers TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task l: Feasibility Task Description: The Local Sponsor will acquire professional services for activities necessary to determine the feasibility of the proposed Project or Project -related improvements necessary to accomplish Department -approved goals and strategies. Deliverable: Certification of Completion including documentation of submittal affirming that the final feasibility report was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2 Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the 246 appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period: The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 3 Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered. Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. 247 Eligible Project Cost Task # Eligible Project Tasks State Cost Share (/o) Federal Estimated Project Costs DEP Local Total 1 Feasibility 50.00% 1/1/2016 $87,500.00 $87,500.00 $175,000.00 Contractual Services $233,250.00 1/1/2016 8/30/2023 3 Construction Contractual Services 2 Design 46.65% Total: $233,250.00 $266,750.00 $500,000.00 3 Construction 46.65% $1,030,156.13 $501,083.00 $573,049.91 $2,104,289.04 TOTAL PROJECT COSTS $1,030,156.13 $821,833.00 $927,299.91 $2,779,289.04 Note: The federal share includes FEMA and DEM. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Feasibility Contractual Services $87,500.00 1/1/2016 8/30/2023 2 Design Contractual Services $233,250.00 1/1/2016 8/30/2023 3 Construction Contractual Services $501,083.00 1/1/2016 8/30/2023 Total: $821,833.00 248 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:public. servicesna,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 249 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.gov 250 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.mvflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 251 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP Sin gl eAuditAdep. state. flus The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(@,dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 252 5. Recipients, when submitting financial.reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 253 EXHIBIT —1 s Agreement Consist of the Following: State Appropriation Category State Appropriation Category First Compliance requirement: i.e.: (what services of purposes resources must be used for) Funding Amount 69 W First Compliance requirement: i.e.: (what services of purposes resources must be used for) Funding Amount 69 Etc. Federal Program A CFDA Title Federal Program B CFDA Title Federal Resources Awarded to the Recipient Pursuant to thi CFDA Number CFDA Number Federal Agency Federal Agency Federal Program A Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. W First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) W Etc. Federal Program A Federal Program B Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: State Appropriation Category 140126 State Appropriation Category Funding Amount O O M M 00 N 00 69 Funding Amount CFDA Title Beach Management Funding Assistance Program CFDA Title ww 37.003 CSFA Number U 00 >. w U State Resources Awarded to the Recipient Federal Agency FDEP Federal Agency Federal Program A Te .L O Federal Program B 'ursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Appropriation Category 140126 State Appropriation Category Funding Amount O O M M 00 N 00 69 Funding Amount CSFA Title or Funding Source Description Beach Management Funding Assistance Program CSFA Title or Funding Source Description CSFA Number 37.003 CSFA Number State Fiscal Year 00 >. w State Fiscal Year State Resources Awarded to the Recipient State Awarding Agency FDEP State Awarding Agency State Program A Te .L O State Program B i O O M N 00 69 Total Award a) U N al v. . 0 to U ami o U W O N h Y w ;.o Ov •p 0.1 O Oy o .a -0 Y '�.+ ii mai> O) N E u o s.. .1:3 O h Q '" ' O iC s . ° a. d ti 4. a) U bQ ti >-, Q CS Z i Y 8 PL,C7 0)o �4`n`� '��.. •Q. o O y q) r 2 o 0 on ti o a) U ) e) O U U Y �� > o o •C 4. Z.`tipY w �C y. wr� u" 1)) Qcs VY i a) oa w y bog 4.. b ao) V i ) U a) of n Y a) EXHIBIT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III QUARTERLY PROJECT PROGRESS REPORT Name of Project: Vero Beach Restoration Local Sponsor: Indian River County DEP Agreement Number: 1 91R3 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: Vero Beach Restoration Local Sponsor: Indian River County DEP Agreement Number: 191R3 Remittance Address: Billing Number: Billing Type: ❑ Interim Billing ❑ Final Billing Costs Incurred This Payment Request: Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage State Funds Remaining Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining 257 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART II REIMBURSEMENT DETAIL State Payment (14) 0 0 0 Withheld Retainage (13) o 0 0 ti, y . R v � N V nr E e RL u R ... O G> O O i L O O O L L L^ ,z w,,. Federal Share of Invoice Amount (7)** 00 a O F L o w -= Eligible Cost (5) Invoice Amount(4) SOW Number (3) .0 .W E R Hz`. Check Number 4, i w R Q L A 5 E Z Vendor Name a4t 1-1 Total Due to Local Sponsor (15) a N V U V N �d w_ U_ O ti O a Q. IA v O a? w Vm g U O W O a C O C 'O •0 O a' V E a) 0) V .o3 >..,.n o z._ O oin ' w2) o iro 0 yttiV V C ., C] V °' o d ami E iw .. .wc/D „y 0FV„;¢ OO up 'O V . on . a .., tided . CA 0 V °cN v a . ...-:,;().2 ggE R d OFV — V Q NV O .. u ,F,'V) +�OEb= _EU U ) V v a,.• EW W O. '. aR.O• Ts C Op ,4, V O'U.+ F OE VNO.0 H s Vy N T= td to V] > V) 0) id L . r0.. V aj y w. ON a 0000 V V N 8 o td E o O. ; wCL cl) o � v' 3 w '9,. a' /) 0> 0) of 0 0 G 8 :El 8 2 a' 2 Z� E Nu' 2 g RC s 2,,' . y o so tew°�coo EEw E 'm - m 2 T 0---,— cn a'w • 'aH':".,""..=OnV =O ••- >� eP. to bct U _ w RY U UN b` V -NR. 0).0c . E O U O ..+,) O R.O'42 C'O . YO5ad.b0 `,p- d0 cd O.V.2 .k >, c00a.D 0N0 at "Ifp L 5 0 0 O N 0) O 'cJ -5 y cd O 'm O ti v) .0 b ,.0. 2.w. L V]L V) ;,Y 3 `n 00 O •O C 7 .. V) •_tV. w R V V O •— o E. °' 2 Ev E -o a' ontd.c ou?,, R cr OOA CO 3L c8i d s w d0 .4:71 N' cd Y N -4a4 id Y o E W a.. E- chip G W g" ','.f. Z a a'. inafL 3 v� F 'v; 0 2--cV ri 77 vi vCN00 O;O -.�-4�6.Z listed sk and or Deliverable that retainage is being requested. .E E- .40 w b � w pq> FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III INVOICE REPORT Name of Project: Vero Beach Restoration Local Sponsor: Indian River County DEP Agreement Number: 19IR3 Billing Number: Invoice Report Period: (Describe progress accomplished during the invoice report period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice period: Identify any delays or problems encountered: 259 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV Name of Project: Vero Beach Restoration Local Sponsor: Indian River County DEP Agreement Number: 19IR3 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan. I certify that the purchases noted were used in accomplishing the Project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date 260 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CONTRACT COMPLETION CERTIFICATION PART V Name of Project: Vero Beach Restoration Local Sponsor: Indian River County DEP Agreement Number: 19IR3 Task Completion ❑(List Task) Contract Completion n *I hereby certify that the above-mentioned Project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds expended for the Project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the Department, have been returned to the Department, or will be returned to the Department within sixty (60) days of the completion of construction portion of this Project. Unused funds advanced to the United States Army Corps of Engineers through Local Sponsors will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date 261 GRANT NAME: FDEP-Vero Beach Restoration — Sector 5 GRANT # 191R3 AMOUNT OF GRANT: $2,779,289.04 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Kendra Cope TELEPHONE: 772-226-1569 1. How long is the grant for? November 30, 2023 Expected Starting Date: November 1, 2019 YES NO 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 5. Grant match amount required 53.0 % after Federal contribution $927,299.91 after Federal contribution X X 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding is available in the Restoration Fund, Hurricane Matthew Account - Sector 5, No. 12814472-066510-17001. An estimated 1,030,156.13 Federal contribution includes both FEMA and DEM funding and is included in the total grant amount. Federal contribution will be made through FEMA Project Worksheets (Hurricane Matthew PW #808 and the Hurricane Irma PW #3025). 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, cap.tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 262 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 262 Signature of Preparer: Date: 263 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM (2.F-12. DEPARTMENTA TO: THROUGH: FROM: SUBJECT: DATE: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E. Public Works Director Kendra Cope, M.S. Coastal Resources Coordinator Award of Bid No. 2019066 Sector 5 Beach and Dune Restoration Project September 9, 2019 DESCRIPTION AND CONDITIONS The proposed project award is for a construction contract between the County and Rio - Bak Corporation. (Rio -Bak) for the Sector 5 Beach and Dune Restoration Project. The Sector 5 project area is a 3.1 -mile section of shoreline that extends from the Seawatch Condos just north of Tracking Station Beach Park south to the Riomar Golf Course that sustained damages from Hurricane Matthew (2016) and Hurricane Irma (2017). The proposed project will restore losses from these storms and background erosion by strategically placing approximately 123,800 cubic yards of beach compatible sand within the project areas. On July 14, 2019, the County advertised the project, soliciting bids to restore the dunes and beaches using upland sand sources identified in the Florida Department of Environmental Protection (FDEP) Permit and Permit Modification. The bid opening was held on August 20, 2019. Six (6) responsive bids were received. Upon review, all responsive bidders submitted a bid identifying use of a permitted upland sand source. All supporting bid documents are on file and available for viewing in the Public Works Department. A detailed bid tabulation can be found on page 2 of staff report. County staff, with support from the County's engineering consultant for the project, APTIM, LLC. reviewed the bids. Rio -Bak Corporation is considered the be the lowest, responsive, responsible bidder for the project with a bid totaling $4,511,712.00. Rio -Bak will be using a permitted upland sand mine and sand source for the project. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@440DOCFB\@BCL@440DOCFB.docx 264 Page 2 BCC Agenda Item for September 17, 2019 Award of Bid No. 2019066 Bidders Name Location Total Cost Rio -Bak Corporation Wellington, FL $4,511,712.00 Guettler Brothers Construction, LLC Ft. Pierce, FL $4,630,447.00 Eastman Aggregate Enterprises, LLC Lake Worth, FL $4,820,145.00 Ferreira Construction Southern Division Co., Inc Hobe Sound, FL $4,875,831.00 Phillips and Jordan, Inc. Zephyrhills, FL $5,427,647.88 XGD systems, LLC Stuart, FL $5,861,454.23 The eye of Hurricane Dorian passed approximately 105 miles offshore of Vero Beach on September 3, 2019. An estimated 50,000 cubic yards of sand was eroded from the Sector 5 project area due to storm activity. The estimated cost to replace sand lost from Hurricane Dorian is approximately $1,250,000.00. Staff is currently working to obtain more detailed data regarding the loss of sand within Sector 5 for a possible change order to the contractor. Additionally, staff is working on securing funds for the estimated cost of additional sand. FUNDING Local Cost -Share: Local funding for beach restoration is provided by a portion of Local Option Tourist Tax. Funding for construction of the Sector 5 Beach and Dune Restoration Project in the amount of $4,511,712.00 is budgeted and available in Beach Restoration Fund/Sector 5 Beach Renourishment/Hurricane Matthew, Account # 12814472-066510-17001. Federal Cost -Share: The County currently has two Project Worksheets (PW) issued by FEMA for Sector 5 Beach and Dune Restoration. Both the Hurricane Matthew PW #808 and the Hurricane Irma PW #3025 have been obligated by the State. This FEMA funding, in the amount of approximately $1,177,321.30, will aid the County in repairing associated storm losses within the project area. State Cost -Share: FDEP has allocated $1.7 Million for the Sector 5 Beach and Dune Restoration Project. On August 19, 2019 the County received draft grant Agreement No. 19IR3 committing state funds for the feasibility, design, and construction phases of the Sector 5 Beach and Dune Restoration Project. The 19IR3 grant commits up to $2,779,289.04 including an estimated $1,030,156.13 Federal contribution. The cost -share ratio for the feasibility study is shared at '50%-50% while design and construction activities have a cost share ratio of 46.65% State — 53.35% Local, with a maximum of $821,833.00 in State funding. Staff anticipates the remainder of the $1.7 Million will be awarded through an amendment of 191R3 once funds are available. The draft grant agreement is being presented as a Consent item to the Board with staff's recommendation to enter into the funding agreement. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@440DOCFB\@BCL@440DOCFB.docx 265 Page 3 BCC Agenda Item for September 17, 2019 Award of Bid No. 2019006 RECOMMENDATION Staff recommends that the project be awarded to Rio -Bak Corporation in the amount of $4,511,712.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT 1. Sample Agreement 2. APTIM Bid Recommendation Letter 8/23/19 APPROVED AGENDA ITEM FOR SEPTEMBER 17, 2019 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@440DOCFB\@BCL@440DOCFB.docx 266 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 - ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 3 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY( @BCL@140D36A26 00520 - 1 C:\Users\Iegistar\App Data\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@140D36A2.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project Description: Indian River County proposes to restore approximately 3.1 miles of coastline in the City of Vero Beach, Town of Indian River Shores, and unincorporated Indian River County by placing approximately 123,800 cubic yards of beach compatible sand to create a beach berm and dune. Salt -tolerant dune vegetation will be planted on the restored dunes. Beach compatible sand will be obtained from the Stewart Materials Fort Pierce mine, and shall meet the "Geotechnical Requirements" described in the Technical Specifications and Contract Documents. Upland staging and construction access areas are located at Tracking Station Park, Jaycee Park and Conn Beach, and Humiston Park. Work on this project must comply with all local, state, and federal regulating agency criteria and permits. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Sector 5 Beach and Dune Restoration Project Bid Number: 2019066 ARTICLE 3 ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@140D36A2. 00520 - 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@ 140D36A2.doc 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 180 calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 210 calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $2,712 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $2,712 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in @BCL@140D36A2.69 00520 - 3 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140D36A2\@BCL@140D36A2.doc accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, @BCL@140D36A2.'c%O 00520 — 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@8CL@140036A2\@BCL@140D36A2.doc shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. @BCL@140D36A27ct 00520 - 5 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140D36A2\@BCL@140D36A2.doc I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-5 inclusive); 6. General Conditions (pages 00700-1 to 00700-44 inclusive); 7. Technical Specifications as listed in Division 1; 8. Drawings consisting of a cover sheet and sheets numbered C-1 through D-1, inclusive, with each sheet bearing the following general title: Sector 5 Beach and Dune Restoration Project; 9. Addenda (numbers to , inclusive); 10. Appendices to this Agreement (enumerated as follows): APPENDIX A: DAILY QUALITY CONTROL REPORT APPENDIX B: CONSTRUCTION EASEMENT DESCRIPTIONS APPENDIX C: SEDIMENT QAQC PLAN APPENDIX D: ENVIRONMENTAL PERMITS 11. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 12. Bid Bond (page 00430-1); 13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); @BCL@140D36AZ.?c2 00520 - 6 C:\Users'legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@140 D36A2.doc 15. Qualifications Questionnaire (pages 00456-1 to 00456-4, inclusive); 16. List of Subcontractors (page 00458-1); 17. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 18. Contractor Equipment Schedule (page 00462-1); 19. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 20. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. @BCL@140D36A2. 3 00520 - 7 C:\Users'1egistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@ 140D36A2.doc 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS. QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a�ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @BC L@1 40 D36A274 00520 - 8 C:\Users\Jegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140D36A2\@BCL@140D36A2.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Bob Solari, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ARTICLE 11 — FEDERAL CLAUSES 11.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work. A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: @BCL@140D36A2.V6 00520 - 9 C:\Users\I egistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@140D36A2.doc (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708): (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor @BCL@140D36A236 00520 - 10 C:\Users\Jegistar'AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@ 140D36A2.doc responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. (4) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (5) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (6) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals @BCL@140D36A2?bb 00520 - 11 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies \easyPDF 8\@BCL@140D36A2\@BCL@ 140D36A2.doc (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement- quideline-cpq-program. The list of EPA -designate items is available at http://www.epa.ciov/coo/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide (insert name of state agency or local or Indian tribal government), Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. @BCL@140D36A23:8 00520 - 12 C:\Users\Jegistar'AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@140D36A2.doc J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE 12: - TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub - Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and @BCL@140D36AZ.79 00520 - 13 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@ 140D36A2.doc shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: 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. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. * * END OF SECTION * * @BCL@140D36A2.80 00520 - 14 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ 140D36A2\@BCL@140D36A2.doc A APTIM August 23, 2019 Ms. Kendra Cope Coastal Resource Coordinator Indian River County Public Works 1801 27th St, Building A Vero Beach, FL 32960 Subject: Sector 5 Beach and Dune Restoration Project Bid Recommendation Letter Dear Kendra: Aptim Environmental & Infrastructure, LLC 2481 NW Boca Raton Blvd. Boca Raton, FL 33421 Tel: 561.391.8102 Fax: 561.391.9116 www.aptim.com This is to recommend selection of the low bidder, Rio -Bak Corporation, by the County for construction of the Sector 5 Beach and Dune Restoration Project along the County's Atlantic Coast shoreline. This recommendation is based on the assumption that the Contractor, Rio -Bak Corporation, understands and has appropriately considered the nature of the project within the environmentally sensitive project area and performs as intended, meeting all of the requirements of the specifications of the project. The recommendation for the selection of Rio -Bak Corporation is predicated upon County approval of the appropriate certificate of insurance documents with all required endorsements and stipulations, performance and payment bonds and any documents and/or endorsements required by the County. Please do not hesitate to contact me if you have any further questions or comments. Sincerely, /v` Jordon Cheifet, PE, CFM Senior Project Engineer Aptim Environmental & Infrastructure, LLC cc: Thomas Pierro, P.E., D. CE, APTIM 281 9/17/2019 Item 12.F.2. SECTOR 5 PROJECT 3.1 Mile stretch of beach in middle of County Northern Boundary —300ft N of Seawatch Condos Southern Boundary — Riomar Golf Course FDEP Critically Eroded Beach Permits: FDEP Permit NO. 0363427 -001 -JC FDEP Permit Modification NO. 0363427 -002 -JN USACE Permit NO. SAJ-2018-01 171(SP-AWP) -25(- 9/17/2019 Item 12.F.2. CONSTRUCTION EASEMENTS FDEP Permit NO. 0363427 -001 -JC does not authorize access to private property Construction easements allow the County to place beach compatible fill between the mean high water line and seawardedge of dune, along private property. County is requesting perpetual easements to increase efficiencies in the beach program • 1" mailing sent 6n — June 16, 2019 • 2nd mailing sent on — July 1, 2019 • Door to door effort started — July 25, 2019 • Continued staff effort to communicate with property owner or attorney - Ongoing Staff created a GIS web map to track progress www.ircgov.com/easements CONSTRUCTION EASEMENT SUMMARY Easement Summary Statistics: - 69 Parcels in Project Area - 17 Parcels Missing = 25% Missing All have been contacted. Currently discussing with County Attorney and staff. (Three easements are currently in the mail or in que of return this week) - 1 Parcel Declined If property owners do not sign and return and easement their property will be bypassed. Sector =5 Northern Boundary 9/17/2019 Item 12.F.2. 28(-3 9/17/2019 Item 12.F.2. 9/17/2019 Item 12.F.2. z' 5 9/17/2019 Item 12.F.2. WHY CONSTRUCT A SECTOR 5 PROJECT Critically Eroded Beach — FDEP Declaration Suffered damages from Hurricanes: Matthew Irma Dorian 25( 9/17/2019 Item 12.F.2. HURRICANE DORIAN Pre Storm An Estimated 70,000 CY of Sand was Ibst from Hurricane Dorian Post Storm 2b 9/17/2019 Item 12.F.2. RESTORATION NEEDED Rebuild dune and beach berm • Restore what was lost by the Hurricanes • Maximize sand placement without impacting hardbottom Plant new dune vegetation Restoration Amounts in Sector 5 Bid: • 123,800 CY of Fill Needed • 128,800 Dune Plants Post Dorian • Approximately 70,000 CY lost • Additional costs for supply/delivery/placement of fill — est. $2,394,000 BIDDING On July 14, 2019 The County Advertised • Solicited Bids to restore dunes and beaches • Sand from Upland Sources outlines in the FDEP Permit and Permit Modification Bid Opening occurred on August 20, 2019 • 6 responsive bidders • Lowest Bid - $4,511,712.00 28 8 9/17/2019 Item 12.F.2. FUNDING Federal Cost Share: $1,177,321.30 • Hurricane Matthew PW#808 • Hurricane Irma PW#3025 State Cost Share: Allocated $1,700,00.00 • FDEP Grant No. 19IR3 - $821,833.00 • Remainder expected through a grant amendment Local Cost Share: Funding Budgeted and Available through Local Option Tourist Tax SECTOR PROJECT . B 5 I DIS. Bidders Name -.. - - 5 Location ', - .... Total Cost: 1._. Rio -Bak Corporation f L Wellington, FL $4,511,712.00 Guettler Brothers Construction, LLC a-- -- - --- - Ft. Pierce, FL $4,630,447.00 Eastman Aggregate Enterprises, LLC Lake Worth, FL $4,820,145.00 Ferreira Construction Southern Division Co., Inc I Hobe Sound, FL $4,875,831.00 Phillips and Jordan, Inc. Zephyrhills, FL i[ $5,427;647.88] XGD systems, LLC p Stuart, FL $5,861,454.23 FUNDING Federal Cost Share: $1,177,321.30 • Hurricane Matthew PW#808 • Hurricane Irma PW#3025 State Cost Share: Allocated $1,700,00.00 • FDEP Grant No. 19IR3 - $821,833.00 • Remainder expected through a grant amendment Local Cost Share: Funding Budgeted and Available through Local Option Tourist Tax 9/17/2019 Item 12.F.2. RECOMMENDATION -Staff recommends the project be awarded to the lowest, responsive, responsible bidder: RIO-BAK CORPORATION in the amount of $4,51 1,712.00 -The Board approve the sample agreement -The Board Authorize the Chairman to execute the agreement after review and approval of the agreement and public construction bond by the County Attorney and following receipt and approval of required insurance by the Risk Manager 13.A. County Attorney's Matters - B.C.C. 9.17.19 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 4, 2019 SUBJECT: City of Sebastian Graves Brothers Annexation Florida Governmental Conflict Resolution Act Resolution BACKGROUND. On August 28, 2019, the City of Sebastian (the "City") City Council (the "Council") voted to approve the voluntary annexation of approximately 1,116 acres located south of County Road 510 (the "Subject Property"), requested by the Graves Brothers Company. The Council also approved the transmittal of a Future Land Use Map Amendment for the Subject Property. On August 13, 2019, the Indian River County Board of County Commissioners (the "Board") directed the County Attorney's Office to take necessary measures to preserve the Board's appellate rights with respect to these actions. Per that direction, a court reporter was present at the City Council hearing. And materials were submitted into the record at the City Council hearing. The County Attorney's Office believes that there are legitimate legal issues pertaining to whether the annexation of the Subject Property meets the statutory requirements of Chapter 171, Florida Statutes. In addition, whether the approved annexation agreement pertaining to the Subject Property is in conflict with the Interlocal Agreement Providing for the Transfer of the City of Sebastian Water and Wastewater System, dated September 20, 1995 ("Interlocal Agreement"). In furtherance of the direction from the Board, the County Attorney's Office has drafted the attached resolution, which would initiate the Florida Governmental Conflict Resolution Act process set forth in Chapter 164, Florida Statutes. Pursuant to Chapter 164, Florida Statutes, after the conflict resolution process has been initiated, a conflict assessment meeting is held. The County Administrator and the City Manager, or his designee, would attend a conflict assessment meeting to discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. If the issues cannot be resolved CAUsersllegistarWppDatalLocallTempWCL TeclmologiesleasyPDF81@,13CLCn 010DC9F61@BCL@CJODC9F6.docs 282 Board of County Commissioners September 4, 2019 Page Two during the conflict assessment meeting, the parties would conduct a joint public meeting and then mediation, if necessary. If the Board decides to initiate the conflict resolution process, the County Attorney's Office will also send a copy of the resolution to the City of Fellsmere. Due to the conflict between the annexation agreement and the Interlocal Agreement, the County Attorney's Office recommends that the Board approve the draft resolution initiating the conflict resolution procedure under the Florida Governmental Conflict Resolution Act. FUNDING. The costs of the conflict resolution process are to be split evenly between the parties. The funding for participating in the conflict resolution process is budgeted and available in the General Fund/County Attorney/Legal Services, Acct# 00110214-033110. The County Attorney does not anticipate the conflict resolution process costing more than $3,000. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the draft resolution initiating the conflict resolution procedure under the Florida Governmental Conflict Resolution Act. ATTACHMENT. Proposed Resolution C:IUsersllegistaMppDnmLomATempIBCL TechnologiesleruyPDF 81@,RCLQC40DC9F61@BCL©C40DC9F6docs 283 RESOLUTION NO. 2019- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DECLARING THE INTENT OF THE BOARD TO INITIATE THE CONFLICT RESOLUTION PROCEDURES SET FORTH IN CHAPTER 164, FLORIDA STATUTES, THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT; FINDING THAT A CONFLICT EXISTS WITH THE CITY OF SEBASTIAN WITH RESPECT TO THE GRAVES BROTHERS COMPANY VOLUNTARY ANNEXATION; DIRECTING THE COUNTY ADMINISTRATOR TO MAIL A CERTIFIED COPY OF THIS RESOLUTION TO THE CITY OF SEBASTIAN AS WELL AS THE CITY OF FELLSMERE. WHEREAS, the City Council of the City of Sebastian approved the annexation of approximately 1,116 acres of property located south of County Road 510 as requested by the Graves Brothers Company; and WHEREAS, as part of the annexation, the City Council approved an annexation agreement with the Graves Brothers Company; and WHEREAS, the voluntary annexation agreement contains provisions that appear to be in conflict with the Interlocal Agreement Providing for the Transfer of the City of Sebastian Water and Wastewater System between the City of Sebastian and Indian River County, dated September 20, 1995; and WHEREAS, additionally it is uncertain as to whether the annexed property meets the contiguous and compactness requirements of section 171.044, Florida Statutes; and WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, requires governmental entities to follow a dispute resolution process prior to engaging in litigation against another governmental entity; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners adopts as true and correct the recitals stated above and incorporates same by reference as part of this Resolution. 2. It is the intention of the Indian River County Board of County Commissioners to initiate the conflict resolution . procedures provided by the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, prior to initiating court proceedings to resolve the conflict. CAU rsllegismrWppOnmlLamflTempIBCL TechnologieslenryPDF 81@,BCLQn ICODF5A91@BCLCICODF5A9.Aoc Page 1 of 2 284 RESOLUTION NO. 2019- 3. The issue of conflict is with the City of Sebastian with respect to the annexation of approximately 1,116 acres located south of County Road 510 as requested by the. Graves Brothers Company and the annexation agreement affiliated with the annexation. 4. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of County Commissioners requests that the County Attorney's Office send a letter and a certified copy of this resolution to the City of Sebastian City Manager, Paul Carlisle by certified mail, return receipt requested. The letter shall state the nature of the conflict, and the justification for joining the conflict resolution process, and suggestions regarding the officials who should be present at the conflict assessment meeting. Copies of the letter and resolution shall also be provided to the City of Fellsmere. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of September, 2019. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney ClUsersilegistarL4ppDatalLocallTemplliCL TeclmologieslenrvPDF 81@BCLQICODF5A91©BCLCICODF5A9.doe BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Page 2 of 2 285 Bob Solari Joseph E. Flescher Chairman District 2 District 5 Tim Zorc Susan Adams District 3 Vice Chairman District 1 Peter D. O'Bryan District 4 August 14, 2019 Via email Mayor Jim Hill City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Ordinance 0-19-04 - Petition for Voluntary Annexation - Graves Brothers Company Mayor Hill, On Monday, the Metropolitan Planning Organization had a productive conversation focused on the transportation issues relating to the proposed Graves Brothers Company annexation. Yesterday, the Indian River County Board of County Commissioners discussed the annexation and expressed concerns with the transportation and utility issues pertaining to the proposed annexation. Based upon these discussions, it appears that there is an opportunity to craft an annexation agreement between the City of Sebastian and the Graves Brothers that more fully addresses key issues such as transportation, utilities, and the relationship with the Sebastian River Improvement District which have not been adequately addressed to the benefit of both parties and importantly the citizens of Sebastian and Indian River County. On behalf of the Indian River County Board of County Commissioners, I respectfully request that the City Council of the City of Sebastian table making any decision on the annexation on August 28th. We would hope that the City Council would consider adopting an annexation agreement that could both address these issues and memorialize the framework forthe annexation while at the same time gain the support of the community. The proposed annexation has the potential to change the future makeup of the City of Sebastian. We believe it is best to take the time to make sure that these changes will be a benefit for the. current and future residents of Sebastian and Indian River County as a whole. Sincerely, Bob Solari Chair of the Indian River County Board of County Commissioners CC: Indian River County Board of County Commissioners Jason E. Brown, County Administrator 286 CIIYOF HOME OF PELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 (772) 388-8215 jwilliams@cityofsebastian.orq August 30, 2019 Jeff Smith Indian River Clerk of Circuit Court 2000 16th Avenue, Room 227 Vero Beach, FL 32960 RE: Ordinance No. 0-19-04 — Annexation of 1,118 Acres in Unincorporated Indian River County Dear Mr. Smith: Please be advised that land consisting of 1,118 acres, more or less, located south of County Road 510 ROW, west of lands adjacent to the 74th Avenue ROW, norther of the 69th Street ROW, and east of 82nd Avenue ROW were annexed into the City of Sebastian by City Council at their August 28, 2019 meeting. A copy of the adopting ordinance with a map and legal description of the property is enclosed. If you have any questions regarding this annexation, please do not hesitate to contact the Community Development Director, Lisa Frazier, at (772) 388-8228. Sin, erely, l.UA.Q-Q,c-a-rr✓,!� anette Williams, MMC City Clerk Encl: Ordinance No. 0-19-04 3120190051303 RECORDED ;E THE 'USUC RECORDS OF JEFFREY R SMFTH, CLERK. OF COURT INDIAN RIVER COUNTY FL BK. 33234 PG 1725 Page 1 of 10 8,29/2019 2 02 PM ORDINANCE NO. 0-19-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1,118 ACRES; MORE OR LESS, LOCATED SOUTH OF COUNTY ROAI) 510 ROW, WEST OF LANDS ADJACENT TO THE 74TnAVE ROW, NORTH OF 69111 STREET ROW, AND EAST OF 82ND AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.. WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the_ governing body of the City of Sebastian. to be voluntarily annexed into the municipality; and ,WHEREAS, the City Council: of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City;. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated arca of Indian. River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida, and the boundary lines of said. City are hereby redefined to include said real property as shown on. "Exhibit I" containing 1,118 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICA.TION.. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section. 3. FILING. - A certified copy of this ordinance shall be filed with. the Clerk of the Circuit Court, as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. That notice of this ordinance has been posted in accordance With Section 171.044, Horida Statutes. Section 5. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing., by filing a corrected or re -codified copy of same with the City Clerk. Section 6. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. SEVERABILITY. En the event a court of competent. jurisdiction shall hold. or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be, invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact. this Ordinance without such invalid or unconstitutional provisions. Section S. EFFECTIVE DATE. Following its adoption and recordation,. including the Annexation Agreement attached hereto as Exhibit 2. executed by all parties. this Ordinance shall become effective. The foregoing. Ordinance was moved for adoption by Councilniember Hill The motion was seconded. by Counc.ilmember Iovino and, upon being put to a vote, the vote was as follows: Mayor Jinn. Hill aye Vice Mayor Linda Kinchcn aye Councilnnember Ed Dodd aye Councitrneniber Albert lovino aye Counc:ilmember. Bob ;.4cPartlan aye. The Mayor thereupon declared this Ordinance duly passed and adopted ibis 2S day of August, 2019.. 260 vvit 6uLlicarrvi, T(tanette Williams, MMC dity Clerk 3 CITY OF SEB, 1. N. FLORIDA By: • Approved as to form and legality for reliance by the City or Sebastian only. Japs Stokes, City Attorney ' f t V IIIIrfffr isaiii•et in lease ,r..• crsv massrateir 0 » MN imp' 1�! SEA1.SilAr 111. s' i it is les=t!l•ii"i r•:. t:ii t I1 EXHIBIT 1 OVERALL SITE AREA - INCLUDING RIGHTS OF WAY. ••/ • a.•.r 7 • t z 0 ZZ Zp p r- I } iso I I MASS -1 • r CANAL 1 -1777-1 uT!RM V ' CW 1 .._ . `' s . S 0 0 TOTAL AREA TO BE ANNEXED — INCLUDES ALL RIGHTS OF WAY DEDICATIONS. $1,118 AC L cJF • • F • • • • L A 'Mg 1' rI utu • &'j :x• • wirmkomuMmil.. .. eimmo - — ,...._i r • ', GRAPHIC SCALE 0 000 •l 1 inch = 800 R GRAVES BROTHERS CITY OF SEBASTIAN ANNEXATION FXtHl3SI SCHULKE. BITTLE & STODDARD, L.LC. i f 511fSM1fft OID•12111K (AV It& % • OM1'YWhO{'Q ?541:K COO !unl E•m v w COY* t 1'iI. 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G p m.,ta.Fvsa.>.rvacrai.r h osincr __emu ffilliiirff,„ ND TH w N O N a ALTER RECORDING RETURN TO: Jeanette CHIC City Clerk City of Sebastian 1225 ;1lain Street Sebastian, Florida 3293S ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (the "Agreement") is made and entered into this 29th day of August 2019, by and between the CITY OF SEBASTIAN, a Florida municipal corporation, whose mailing address is 1225 Main Sheet, Sebastian; Florida 32958 (the "City") and, GRAVES BROTHERS COMPANY, whose nailing address is 2770 Indian River Blvd., Suite 201, Vero Beach, Florida 32960 (the"Owner"). WHEREAS, the City is a Florida municipal corporation located. within Indian River County, Florida; and WHEREAS, the Owner, listed herein is the fee simple title holder to certain. real property currently located within. the unincorporated area of Indian River County; and WHEREAS, the real property at issue is approximately 1,118 acres, which, is reasonably compact; is contiguous to the municipal boundary of the City*, will not result in the creation. of enclaves, and is more particularly' described in Exhibi:t 1, attached hereto and hereinafter referred to as "property"; and WI-IERE.AS, the Owner desires to annex. the. property described. in Exhibit 1 into the municipal boundaries of the City; and WHEREAS, the Owner will initially maintain the agriculture use of the property, but desires to eventually develop the property for other certain uses as provided. herein; and WHEREAS, the Owner has applied to the City to change the Comprehensive PIan Future Land Use Tap on the property to facilitate the development of the property in the future; and Exhibif2Too Ordinance No. 0-19-0-1 ANNEXATION` AGREEMENT Page 1 of 13 WHEREAS, contingent upon approval of the annexation petition, Owner has applied to the City to assign a Comprehensive Plan Future Land Use Map as set forth in Ordinance NJo. O- 19-05, which is incorporated herein by reference; and 'WHEREAS, the Parties desire to enter into this Agreement in order to memorialize their understanding and agreements with respect to the annexation. of the property, and with respect to the future development and use of the property; and WHEREAS, upon compliance with the obligations of this Agreement, the development of the property will be consistent with the City's Comprehensive Plan and land development regulations; and WHEREAS, the City has found and determined that the City's interest will be best served. by annexing the property into its municipal boundaries and by entering into this Agreement to ensure that development of the property is in. accordance with the City's Comprehensive Plan (CP) and Land Development Code (LDC); and WHEREAS, the property is particularly suited. for inclusion in to the City due to its proximity to existing traffic corridors. and transportation systems, and annexation will yield. significant benefits' to the City in the form of measured development, increased employment opportunities and employment base, an increased tax base, and permanent conservation and preservation of na.tural'_'cosystems; and WIIEREA.S, the City is entering into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII,. Section 2(b) and (c) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166, Florida. Statutes), and the City's Charter; and WHEREAS, all the requirements set forth in Section 1.71.044, Florida Statutes, and as otherwise set forth in Florida law and the City's: Codes and Ordinances, for the voluntary Exhibit 2 To- Ordinance No. 0-4904 ANNEXATION AGREEMENT Page 2of13 zoco annexation of real property have been fulfilled, or will be fulfilled through compliance with this Agreement. NOW THEREFORE, FORE, in consideration of the exchange of mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, the City and the Owner agree as follows: 1. Recitals. The forgoing recitations are true and correct; and are incorporated herein by reference; and. all exhibits to this Agreement as hereby deemed to be a pari. hereof. 2. Owners. The Owner represents that they hold fee simple title to the real property and have lawful authority to petition for the voluntary annexation of the property set forth herein.. 3. Annexation., (a) The Cit) r hereby acknowledges that Owner has submitted a petition requesting the voluntary annexation of the real property by the City in accordance with. Section 171.044, Florida. Statutes, and the City agrees to consider and act upon the Annexation Petition. The Owner commits and agrees that while the Annexation Petition is voluntary,. Ovine is. prohibited from withdrawing its petition. and that to do so would result in a breach cif this Agreement if annexation of the property is approved at second reading of the annexation • ordinance on August 28, 2019, or such other date for second reacting. as established by the Sebastian City Council,. but not later than. August 28, 2020. The Owner and. the City agree that the annexation ordinance shall be properly noticed in accordance. with. Section 171..044(2 , Florida Statutes, and scheduled for second reading on August 28, 2019.. (b) In the event the Department of Economic Opportunity fails to support approval of the I utu:re.l_and Use for the property, or the City fails to adopt the future land use set forth in this Agreement,. the Owner reserves the right to request the Citi.'. to take all necessary Exhibit 2,To Ordinance No. 0-19-04 ANNEXATION A.GIZEEME`T Page 3 of 13 steps to promptly and expeditiously de -annex the property; and the City agrees it will take those steps necessary to fulfill this request to the extent legally permissible. Upon de -annexation (contraction) this Agreement shall terminate. 4. Development of the Annexed Property. (a) Development Plans for property. The City finds and agrees that residential uses of varying densities, commercial uses, office uses, warehouse/industrial uses, schools, institutional uses, civic uses, and utility uses are appropriate uses of the property and that. such uses will benefit the City's residents. (b) Owner recognizes that this Agreement does not authorize approval of any specific development plan or proposal.. (c) Planned Unit Development. The parties agree that any future rezoning shall be consistent with the City's Comprehensive Plan, as existing or as amended, and shall be • accomplished only through a Pllan.n:ed. Unit Development (PUD) or a Master Planned Unit. Development (i1:fP'UD). (d) The Owners, agree to snake provision for a mixed-use "Town. Center area and housing types shall be mixed to meet various income. levels and lifestyle choices as part of the development in accordance with. the PUD as approved by the City. . (e) Extractions. The Owner agrees that, the allocation and donation of institutional lands necessary for governmental services such as post offices, public safety,. schools etc., and the dedication. of ROW to the appropriate entity to promote an interconnected,. extended and improved grid road system,. along with a well. -planned transportation system of roads and streets throughout the development, in coordination with Indian River County to specifically include 81st Street, 77th. Street; and 73rd Street, as well as 74th Avenue;. shall be Exhibit 2 T Ordinance No. 0-19-04 ANNEXATION AGREEMENT Page.4 of 13 identified by concurrency analysis in. accordance with the City of Sebastian land development codes and ordinances, al the time of development. . (f) Conservation. The Owner agrees that, dedication of conservation lands shall be made to the appropriate entity at the time of development to include any natural areas of significant importance, and the provision of gree.nway trails to promote a system of connectivity and access consistent. with the City's. Comprehensive Plan and land development codes at the time of rezoning and development. (g) The Owner agrees that, the allocation of parks and. recreational lands consistent with the City's Comprehensive Plan and. land development codes specifically: a minimum of 2 acres/1000 residents of publicly accessible recreation. lands, and a. minimum of acres/WOG residents ofother recreational lands, will be required at the time of development. (h) The Owner agrees and will provide buffers adjacent to low density areas outside of the PUD Overlay to include increased greenspace along the site's south. property line and the part of the east property line south. of Liberty Park TND. (i) As a condition of the PUC) process the open space requirements shall be as defined irv..Sectreau.54 of the City's Land Development Code.. ..Transportation: At time of development, the Owner or its successor shall work together with the City to establish a satisfactory, well planned roadway network. Transportation concurrency shall be satisfied. at the time required by constructing improvements or execution. of a mutually agreeable Proportionate Fair Share Agreement; or a mutually agreeable Developer's Agreement; or a mutually agreeab e Impact Fee Assessment. 6. Wetfands: The City acknowledges and agrees that at the present time, tete applicable rules and regulations of the St. JAWS River Water Maanagernent District govern all wetland itu sdicti4An',al determinations and any related wetlands mitigation, and that any Exhibit Vro Ordinance No 0Q -14-0•I ANNEXATION AGREEMENT' Page:5 of 13 wetland permit issued by the St. 'John's River Water Management District for any portion of the property shall satisfy all City wetland permitting requirements for the portion of the property subject to such permit. 7: Improvements: Neither the City nor the County shall not be required or obligated. in any way to construct or maintain or participate in. the construction or maintenance of any improvements (except for maintenance of improvements dedicated to and accepted by the City at its sole discretion). The Owner, its grantees, successors or assigns in interest, or an association, as applicable, shall be responsible for the maintenance of all improvements not dedicated to and. accepted by the City.. 8. Land Use. The future land use of the property is set forth in Ordinance No. 049-05, which is incorporated. by reference as though fully set forth herein. 9. 11ti.tities. (a.) Pursuant to the Interlocal Agreement. between Indian. River County and the City, water and wastewater utilities be provided exclusively by Indian River County. Drainage and Storm,4vater shall be handled. by the Sebastian River Improvement. District. If either the Countv or the SII[? fails to comply with their lawful obligation to provide such services, the Owner,will be free to seek other alternatives.. T the extent not funded by others, the Owner shall be responsible for funding desi R ,. permitting and construction of the Infrastructure in under to serve the needs of the fieatre development of the property at full build -coat and in accordance with the level of service established by the City's Comprehensive Plan, as amended fre.irn time to time..I'h'Is Infrastructure shall. be built to the City and permitting agencies' reasonable and customary standards, It is recognized by the. Parties that said Infrastructure.' may be constructed in phases commensurate with the creation of demand by development. Exhibit 2 To Ordinance No. 04944 .ANNEXATION AGREEMENT Page & off 1"3 (b) As a condition of hrture developments, sufficient land area shall be allocated for infrastructure required to support the development and mandate hook-up to central potable water and wastewater systems for all new developments. These services shall be. provided by the County or alternative services as set forth herein; however, no septic systems would be allowed in accordance with Cite policyand land development codes. 10. No Waiver of Police Power. As provided above and otherwise herein, the parties recognize and agree that certain provisions of this Agreement will require •the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider certain. changes in the City's Comprehensive Plan, zoning ordinances or other applicable City codes, plans or regulations, as well as to consider other governmental actions as set forth in this Agreement. All such considerations and actions shall be undertaken in .accordance with established requirements of state statute and City ordinances, including applicable notice and hearing requirements, inn, the exercise of the City's jurisdiction under tlae police power. Nothing in this Agreement is intended to limit or restrict the powers and responsibilities of the City in acting on applications; for comprehensive plan changes and applications for other development. The parties further' recognize and agree that these proceedings shall, be conducted openly, fully, freely and fairly in full accordance with law and with both procedural and substantive due process to be accorded the: applicant and. any member of the public.. 11. Covenants Running ging. with the Land and Successors and Assh'nss. The obligations imposed and entitlements created pursuant to this Agreement shall run with and bind the property as covenants running with the land and this Agreement shill be binding upon and enforceable b., and against the Parties hereto, their personal representatives, heirs, successors, grantees and assigns. 17. The pity acknowledges its intention, in good faith, to furlfill the following: Exhibit 2 To Ordinance No., 0-19-04 A.NNEXATHON AGREEMENT Page iof13 (a) Coordinate the pro -rata funding of the interchange, bridge crossings, or roadways with adjacent property owners/developers when such other properties are benefited by these improvements. (b) Implement a "cost -recovery agreement when the Owner funds more than its pro -rata share of an improvement. (e) Work with the Owner to secure appropriate impact fee credits based upon fair share apportionment payments and/or actualconstruction of improvements. (d) Review and process any permit applications or other requests for approval. submitted to the City to ensure that development within the property proceeds in a timely manner. The City further agrees to assist during the review processes of any other governmental approvals and permits for the property.. 1 p: General.]erms: (a) The terms contribute', 'deDdicater", "dedication",. "convey", „conveying", or "conveyance — as. used in this Agreement relating to a municipal or governnte.ntal transfer. shall • mean to transfer ownership to the City or other ,overnniea'ttal body, without anv cost to or payment by the: Cite' u ot3Lcr e,rntrit..1:dLa1I foot', s3tdi ade'da....tion or t:oml.vanct" shalt tie a by the Owner,. without: any compensation. h) Preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against: one of the. parties, Uiaii the other. (c) Owner, Gq on execution of this Agreement, shalt pay to the City the cost of r('_i'f)rilE.iZ47 this Agreement in Indian River County, Florida. (d) This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, 1\1uiiie:.ipal Annexation or Contraction. A portion of the boundary of the Exhibit . To Ordinance No. 0-19-04 ANNEXATION AGREEMENT Page 8 of 13 property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) Florida Statute, to: mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." Should there be any legal challenge to the annexation of the property, whether baasc.cdi on contiguity, enclaves or any other theory, the Owner agrees to assume all risk associated with the challenge. The Owner further agrees to indenini.fy and hold harmless the City from all claims, suits and judgments in any. tvay arising out of 01 relating to the annexation of the property. This indemnity and hold harmless shall extend to all costs, fees and expenses, including, but not limited to, reasonable aattorne vs' fees and expert witness fees incurred by the City in. the investigation or defense of any challenge to the annexation whatsoever, including but not limited to Chapter 164, Chapter 171 and any legal challenge filed in Court, including all levels of court and any attorneys' fees that the City may be ordered to pay pursuant to Section 171.0S1 Florida Stattiteas (collectively a ""[Eird Party Claim"). 1'rcinlptiy after receipt of notice of the making or commencement by any third party of any claim, action, lawsuit, or proceeding as to which indemnification may be sought (a 'Third Party Claiin''), the City shall nditify Owner. Failure to do so shall not: relieve Owner from any liability that it naaay have under this section. unless Owner is prepudiced, by tlw lick oto such notice•'; provided that, in such case Groner- shall not t)e' reesponslble for that portion of Hive liability caused by the prejudice restitting from the lack o1, notice. if any such Third Party Claim is br,,u; Sat agaibSt the City, Owner shall be entitled to participate and, to the extent they Ia3aav elect 1179 tY`I'Ftt ;'n notice deiie't. re'd promptly to the Cit \I flier receiving notiC e frons the City, t1.a aassll'Cal•c the' e.lefensi. !t itli counsel reasonably satisfactory to the City. The parties agree to cooperate fully in connection with the defense, negotiation, or sett•letnent, of any such legal faro ceding..a1aini. or d einand The.. City shall have the right to employ coun9el In any such case, S\ t1A a:olik' .4 ra''.'_�t:>€3i3.iaa?I':'' ace ptaabie to the Owner,, anti the q' and e t i ,�,es i 1 i+ counsel t 'i .`.p?t''_..t e�:2I.4_._. ,f:Is tla..., €_€, eF.lse.l Exhibit 2 To Ordinance No. O -L9 -i1-& ANNEXATION AGREEMENT Page 9 of 13 shall be at the expense of the City, subject to reimbursement from Owner. 111 any of these events, fees and expenses of the City's counsel shall be borne by Owner. O vrie.r may not settle any Third Party Claim kvithout the consent of the City. After any final judgment or award has been rendered by a court, arbitration board, or administrative agency of competent jurisdiction and the time in which to appeal from it has expired, a settlement has been consummated, or Owner and the City arrive at a mutually binding agreement with respect to each separate matter alleged to be indemnified by Owner, the City shall forward to Owner notice of any sums due and owing by it with respect to the matter, and OvvnCT immediately shall pay all of the stilus owing, by wire transfer or certified or bank cashier's check, to the City. 14. Attorneys' Fees. Should any party to this Agreement bring an action against any other party to enforce any provision of the Agreement, the prevailing party in said action shall be entitled to recover its reasonable attorneys' fees and court costs in all. trial and appellate proceedings. 15. Notices. Every notice, demand, consent, approval or other document or instrument required or permitted to be given to any party to this Agreement shall be in writing and shall be delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested, to the following address (or such other address as any party may designate from time to time in writing). For Cit l/: For Owner: Paul Carlisle, City Manager 1225 Main Street Sebastian, Florida 32958 with tdr. a copy to: City Attorney 1225 Main Street Sebastian, Florida 32958 Jeff E. Bass President Graves Brothers Company 2710 Indian River Blvd., Suite 201 Vero Beach, 1 or da 32960 with ri copy to:. Registered A.genton file. Exhibit 2 To Ordinance No. 0-19-04 ANNEXATION AGREEMENT Page 10 a 13 2 11 16. Effective Date and Duration. This Agreement shall become effective upon execution by both parties. °17. Miscellaneous. (a) Entire Agreement. This Agreement contains and sets forth all the promises, covenants, agreements, conditions and understandings between the Parties with respect to the subject matter of this Agreement. (b) Terms and Words. All. terms and words used in this Agreement regardless of the number and gender in which used, shall be deemed to include alio other gender or number as the context or the use thereof may require. (C) Severability. If any provisions of this Agreement are held. to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired. and each remaining provision, shall remain in fall force and effect. In th.e event that any term or provision of this A.greenaent is determined by appropriate judicial authorities to be illegal void or otherwise'' invalaelr said provision shall be given its nearest legal meaning or be construed as deleted as such authority determines and the remainder of this Agreement. shall be construed to be in Hall force and effect. (d) Headings.. Captions and paragraph headings contained in this Agreement are for convenience and reference only and. in no way define'r describd;, extend, or limit the scope or intent o: this Agreement; nor the intent of any provision hereof., (e) Governing Law.. This Agreement shall be construed and interpreted according to the laws of the Mate of Florida and venue with respect to any litigation between the Parties related to this Agreement shall. be Indian River County. Florida. (f) Permits. Conditions. Terms. or I estrictions. The failure. of this Agreement to address a particular permit, condition, term, or restriction existing at the time of execution of Exhibit 2 Ta Ordinance No. 0-79-04 ANNEXAT1Oisi AGREEMENT Page 11 0113 2 =8. this Agreement shall not relieve Owner of the necessity of complying with the law governing said permitting requirement, condition, term, or restriction. (g) Amendments. This Agreement shall not be changed, modified or amended except by an instrument in writing and executed by the parties owning the affected portion of the property with the same formality and or equal dignity herewith. (h) Recording. This Agreement shall be recorded by the City, at Owner's expense, in the Official. Records of Indian River County, Florida. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. ATTEST: ll l eanette Williams, MMC — City. Clerk STATE OF FLORIDA COUNTY OF INDLAN RIVER. CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 Jim I- t , i. 'ayor Ase proved by the agtnci'f� i: .ei� is 23, 201.9 (SEAL) The foregoing instrument was acknowledge before me this 11 day of/ Mayor of the City of Sebastian, Florida who, is personally kn.o n to me. SEAL , 2019, by Jim Hill, 1) NOTARY PUBLIC Print Name: _ t f1- :: t'. r f ."L:I S. til Commission No. C -.(:7c::•! 5 ire / My Commission Expires: ! to-Lt.to..,. f Exhibit 2 To Ordinance Na: 049-04 ANNEXATION AGREEMENT Page 12 o€l3 71t' f, CATHERINE E.TESTA Ccutrissko # GG, 0724 %? a? EXritez Fe'brav"i 1& 222 •$$ Y i CCMT`sming 'I�'xs3-:�.t" 't44 z_ev-q .4 i.L ,, :',.'„ • -.4 Al7; . ,-, ".."'...., '' . ..,.., :r. . '''`• Z r4'- . • 4 .,....., - e . .,„ , • .. ..:,,,, A•.i,, -.. -, ,_, ,..•--> ;.-.,,' .;- • ''' P ?‘.,, , J. ; ,— - -, Bv: STATE OF FLORIDA COUNTY OF INDIAN RIVER OWNER: GRAVES BROTHERS COMPANY Jeff Bass, President The foregoing instrument was acknowledge before me this day of , 2019. by Jeff Bass, President of the Graves Brothers Company who is personally known to me. SEAL - IrELj ,A,I8tYP9Mi.i;5fee of arida my EVA! VON kof-, 26. 2G20 FF 965184 152E1,56_411 800)451-485. .1TBLC, Print Name: A -N, Co \ Commission No. rrs:'E' 6166 k My Commission Expires: M.o.(' 2.02-0 Exhibit 2. To Ordinance. No.. 049-04 ANNEXATION AGREEMENT Page 13 of 13 S'• .E cl -.E Ya O 0 N 0 N t7 O O LO O IRCGIS, IRCPA, IRC Planning 00 3 3555 OE OUO o 0 H O 0 a a � � ualla c c;i o z ¢ o c9 5 i o 11001[o z 0 0 U U aaaoaoUU 0 0 2 Q. Q a` O N 8 15 M . g 111/�QIII N at6 r! .! .i mNM ■• •. M�r MM U• ■. I 141Elmomll rip OW ,n..r.r.rrrrr •iii- ■—.rrr7.7r rn N...ROIu.pur.rr . : 3I lMEVS/MO UWOEUU I.- moo IM ■ �� t 13, D. County Attorney's Matters - B.C.C. 9.17.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 11, 2019 SUBJECT: Land Swap with St. Lucie County BACKGROUND. Oskar and Gretchen Szentirmai own the property located at 2498 S. Highway A1A, which is located on the east side of Highway A1A (the "Szentirmai property"). Part of the Szentirmai property is in Indian River County and part of the Szentirmai property is in St. Lucie County. Back in 1991, St. Lucie County and Indian River County entered into an Agreement Regarding Construction of Home on St. Lucie County and Indian River County Line (the "Agreement"), which addressed issues pertaining to the development of the Szentirmai property, including permitting, impact fees and concurrency. The Agreement, however, did not address issues relating to the provision of services to the Szentirmai property. Oskar Szentirmai has recently reached out to Indian River County, St. Lucie County and Senator Debbie Mayfield about the enactment of a boundary change, which would allow the entire Szentirmai property to be located in Indian River County. The boundary change would assist in eliminating any confusion about the provision of services to the Szentirmai property. County staff has had initial discussions with St. Lucie County staff about the boundary change. In order to make a boundary change more equitable, as part of those discussions, we have examined having the properties located on the west side of Highway A1A, located between Highway AlA and the Indian River Lagoon, be switched to being in St. Lucie County. SBM Associates, LLC owns the property on the west side of Highway AIA. St. Lucie County has reached out to the representatives of SBM Associates, LLC who have indicated their initial support of the boundary change. Any boundary change would have to be approved by the Florida Legislature through the enactment of a general bill. The County Attorney's Office is seeking guidance prior to the Indian River County Legislative Delegation meeting scheduled for September 24, 2019, as to whether the Indian River County Board of County Commissioners (the "Board") wishes to support the boundary change. The County Attorney's Office supports the boundary change and believes that it will have minimal impact on Indian River County, while eliminating confusion as to provision of services to the Szentirmai property. C..11I ersllegismr4lppDam¢om(ITempIBCL TechnologieslensyPDF 81@,13CL340DD62DI JBCLCi4ODD62D.docx 287 Board of County Commissioners September 11, 2019 Page 2 County staff has reached out to the School District of Indian River County, the Indian River County Mosquito Control District and the Indian River County Hospital District staffs and have received initial support for the boundary change. FUNDING. Based upon the taxable value of the property located on the east and west sides of Highway Al A, the boundary change will have minimal fiscal impact on Indian River County. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners support the boundary change and authorize the County Attorney's Office to draft a resolution in support of the boundary change and authorize County staff to take any other actions necessary to assist in the boundary change process. ATTACHMENT. Map of Properties ClUrersllegistnrl9ppDnmlLomllTempWCL TechnologierlearyPDF 81 BCL@i40DD62D1©BCL@340DD62D.Aocz 288